Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
DETAILED ACTION
Priority
This application claims priority to 63/551062, filed 2/7/24, 63/556,346, filed 2/21/24, and is a CIP of 18/796252, filed 8/6/24.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-8, 11-15, 17-20 are rejected under 35 USC 102 as being anticipated by US 2022/0358727 Gupta et al.
1. A non-transitory computer readable storage medium including instructions that, when executed by a head-wearable device, cause the head-wearable device to perform:
in response to a user input initiating an artificially intelligent (AI) assistant, capturing contextual data including one or more of image data and audio data; (Gupta ¶155-158 provides to a language model/natural conversation (AI assistant), image and audio data (e.g. skirt, or dialogue)
generating, based on the contextual data, user query data including a user query and a portion of the contextual data; (Gupta ¶155-158 queries and context of the query)
determining, using an Al assistant model that receives the user query data, a user prompt based on, at least the user query and the portion of the contextual data; (Gupta ¶155-158 AI model determines what the user is asking)
generating, by the Al assistant model, a response to the user prompt; and (Gupta ¶155-158 generates a response)
causing presentation of the response to the user prompt at the head-wearable device. (Gupta ¶155-158 presents the response to the user)
4. The non-transitory computer readable storage medium of claim 1, wherein generating the user query data includes:
detecting, within the contextual data, one or more of a text, a text location, and the user query; and (Gupta ¶155-158 text and query)
including the one or more of the text, the text location, and the user query in the user query data. (Gupta ¶155-158 uses the context in answering the query)
5. The non-transitory computer readable storage medium of claim 4, wherein the text location includes one or more of a word location, word order, paragraph location, or paragraph order. (Gupta ¶155-158 word order matters to understand a query)
6. The non-transitory computer readable storage medium of claim 4, wherein the user query is detected from the audio data in the contextual data. (Gupta ¶155-158 dialogue)
7. The non-transitory computer readable storage medium of claim 1, wherein generation of the user query data is performed on-device. (Gupta ¶155-158 it is received on the device)
Claims 8, 11-15, 17-20 are corresponding device and method claims to claims 1, 4-7 and are rejected under a similar mapping.
Claim 1 is rejected under 35 USC 102 as being anticipated by Circle (or highlight or scribble) to search, Cathy Edwards, Jan 17, 2024 (hereafter Google)
1. A non-transitory computer readable storage medium including instructions that, when executed by a head-wearable device, cause the head-wearable device to perform:
in response to a user input initiating an artificially intelligent (AI) assistant, capturing contextual data including one or more of image data and audio data; (Google captures image data and also allows the user to ask a question)
generating, based on the contextual data, user query data including a user query and a portion of the contextual data; (Google creates a query on the circled image)
determining, using an Al assistant model that receives the user query data, a user prompt based on, at least the user query and the portion of the contextual data; (Google uses AI to figure out the query)
generating, by the Al assistant model, a response to the user prompt; and (Google generates a response to the query)
causing presentation of the response to the user prompt at the head-wearable device. (Google presents a response to the query on the device, note that cell phones are head-wearable)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 2-3, 9-10, 16 are rejected under 35 USC 103 as being unpatentable over Gupta in view of US 2024/0312147, Park (hereafter Park)
2. The non-transitory computer readable storage medium of claim 1, wherein the instructions, when executed by the head-wearable device, further cause the head-wearable device to perform:
detecting a region of interest within the contextual data, the region of interest identifying a portion of the image data including one or more of textual data or an object of interest associated with the user query; and (Gupta ¶155-158 region of interest for the objects; see also ¶109)
Gupta does not disclose
compressing the region of interest within the contextual data to form the portion of the contextual data, the portion of the contextual data having a second resolution less than a first resolution of the contextual data.
Park ¶166 discloses compressing the region of interest and also transferring as greyscale (greyscale is a lesser resolution than full color). It would have been obvious to modify the system of Gupta to compress the region of interest with less resolution for the purposes of reducing the amount of data that is transferred as a result of the compression and resolution reduction.
3. The non-transitory computer readable storage medium of claim 2, wherein compressing the region of interest within the contextual data includes:
cropping the region of interest; and (Park ¶45 cropping image)
removing portions of the image data not including the region of interest. (By definition cropping an image removes the portions that are cropped)
Claims 9-10 and 16 are corresponding device and method claims to claims 2-3 and are rejected under a similar mapping.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ming Shui whose telephone number is (303)297-4247. The examiner can normally be reached on 7-5 Pacific Time, M-Th.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Greg Morse can be reached on 571-272-3838. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ming Shui/
Primary Examiner, Art Unit 2663
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