DETAILED ACTION
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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,260,860. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variant of each other.
Instant application 19/052,955
Claim 1 (similarly Claims 9 and 17): An electronic device comprising:
US Patent No. 12,260,860
Claim 1 (similarly Claims 9 and 17): An electronic device comprising:
a communicator;
a communicator;
a voice input receiver; and
a voice input receiver; and
a processor configured to:
a processor configured to:
based on a first user voice input being received through the voice input receiver, receive first data corresponding to the first user voice input from a server through the communicator, and perform a first function corresponding to the first data; and
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based on a first user voice input corresponding to a first format being received through the voice input receiver, receive first data corresponding to the first user voice input from a server through the communicator, and perform a first function corresponding to the first data; and
based on a second user voice input being received through a microphone of an external device, receive second data corresponding to the second user voice input from the server through the communicator, and perform a second function corresponding to the second data,
based on a second user voice input corresponding to a second format being received through a microphone of an external device, receive second data corresponding to the second user voice input from the server through the communicator, and perform a second function corresponding to the second data,
wherein a pronunciation of the first user voice input received through the voice input receiver corresponds to a pronunciation of the second user voice input received through the microphone of the external device in a language different from a language of the first user voice input, and
wherein, based on a pronunciation of the first user voice input received through the voice input receiver in the first format corresponding to a pronunciation of the second user voice input received through the microphone of the external device in the second format different from the first format of the first user voice input
wherein the first function is the same as the second function.
the first function according to the first user voice input is the same as the second function according to the second user voice input even though there is a mismatch between the first data and the second data.
Claim 2 (similarly Claims 10 and 18): The electronic device of claim 1,
Claim 2 (similarly Claims 10 and 18): The electronic device of claim 1,
wherein the first user voice input is a voice input in which a user pronounces a first text in a first language, and
wherein the first user voice input is a voice input in which a user pronounces a first text in a first language, and
wherein the second user voice input is a voice input in which a user pronounces a second text where the first text is expressed in a second language, in the second language.
wherein the second user voice input is a voice input in which another user pronounces a second text where the first text is expressed in a second language, in the second language.
Claim 3 (similarly Claims 11 and 19): The electronic device of claim 2,
Claim 3 (similarly Claims 11 and 19): The electronic device of claim 2,
wherein the first language is Korean, and wherein the second language is English.
wherein the first language is Korean, and the second language is English.
Claim 4 (similarly Claims 12 and 20): The electronic device of claim 1,
Claim 4 (similarly Claims 12 and 20): The electronic device of claim 1,
wherein the first user voice input corresponds to a text displayed on a display of the electronic device, and wherein the second user voice input corresponds to a text displayed on the display of the electronic device.
wherein a text is displayed on a display of the electronic device in relation to the first user voice input, and wherein another text is displayed on the display of the electronic device in relation to the second user voice input.
Claim 5 (similarly Claim 13): The electronic device of claim 1,
Claim 5 (similarly Claim 13): The electronic device of claim 1,
further comprising:
further comprising:
a display, wherein the processor is configured to control the display to display a first UI corresponding to execution of the first function, and to control the display to display a second UI corresponding to execution of the second function.
a display, wherein the processor is configured to control the display to display a first UI corresponding to execution of the first function, and to control the display to display a second UI corresponding to execution of the second function.
Claim 6 (similarly Claim 14): The electronic device of claim 5,
Claim 6 (similarly Claim 14): The electronic device of claim 5,
wherein the first UI is the same as the second UI.
wherein the first UI is the same as the second UI.
Claim 7 (similarly Claim 15): The electronic device of claim 1,
Claim 7 (similarly Claim 15): The electronic device of claim 1,
further comprising:
further comprising:
a display, wherein the processor is configured to: based on the first user voice input corresponding to a content, perform the first function by controlling the display to display information regarding the content received from the server through the communicator, and
a display, wherein the processor is configured to: based on the first user voice input corresponding to a content, perform the first function by controlling the display to display information regarding the content received from the server through the communicator, and
based on the second user voice input being corresponding to the content, perform the second function by controlling the display to display information regarding the content received from the server through the communicator.
based on the second user voice input being corresponding to the content, perform the second function by controlling the display to display information regarding the content received from the server through the communicator.
Claim 8 (similarly Claim 16): The electronic device of claim 1,
Claim 8 (similarly Claim 16): The electronic device of claim 1,
wherein the first data corresponding to the first user voice input includes a first text related to the first user input,
wherein the first data corresponding to the first user voice input includes a first text related to the first user voice input,
wherein the second data corresponding to the second user voice input includes a second text related to the second user voice input, and
wherein the second data corresponding to the second user voice input includes a second text related to the second user voice input, and
wherein the processor is configured to: based on the first text corresponding to a command stored in the electronic device, perform the first function based on the command, and
wherein the processor is configured to: based on the first text corresponding to a command stored in the electronic device, perform the first function based on the command, and
based on the second text corresponding to the command stored in the electronic device, perform the second function based on the command.
based on the second text corresponding to the command stored in the electronic device, perform the second function based on the command.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2015/0189362) in view of Lee899 (US 2016/0248899).
With respect to claim 1 (similarly claims 9 and 17), Lee teaches an electronic device (e.g. a display apparatus 100 Figs 1, 13-14 [0053], [0098] and [0123]-[0124]) comprising:
a communicator (e.g. communicator 165 Fig 14 [0124]);
a voice input receiver (e.g. a microphone 110 Figs 1 and 14 [0124]); and
a processor (e.g. a controller 120 Figs 1 and 14 [0124]) configured to:
based on a first user voice input being received through the voice input receiver (e.g. based on “DDD please” Fig 5 [0073]), receive first data corresponding to the first user voice input from a server (e.g. receive text data corresponding to “DDD please” from server 1300 Fig 13 as suggested in [0099]-[0100]) through the communicator (e.g. through the communicator 165 of Fig 14, as suggested in [0128]), and perform a first function corresponding to the first data (e.g. display a search result screen [0073], see also whereby the display apparatus 100 may perform a control operation corresponding to the text [0101]); and
based on a second user voice input (e.g. based on “DDD please” Fig 6 [0074]) being received through a microphone of an external device (e.g. being received through a microphone of remote control 190 Fig 14, as suggested in [0129]), receive second data corresponding to the second user voice input from the server (e.g. receive text data corresponding to “DDD please” from server 1300 Fig 13 as suggested in [0099]-[0100]) through the communicator (e.g. through the communicator 165 of Fig 14, as suggested in [0128]), and perform a second function corresponding to the second data (e.g. display a search result screen [0074], see also whereby the display apparatus 100 may perform a control operation corresponding to the text [0101]),
wherein a pronunciation of the first user voice input received through the voice input receiver (e.g. a pronunciation of “DDD please” Fig 5 received through microphone 110 of Fig 14) corresponds to a pronunciation of the second user voice input received through the microphone of the external device (e.g. corresponds to a pronunciation of “DDD please Fig 6 received through remote control 190 Fig 14, as suggested in [0129] in English) and
wherein the first function is the same as the second function (e.g. the first function is the same as the second function, see [0073]-[0074], [0101])
However, Lee fails to show that the pronunciation of “DDD please” Fig 5 corresponds to the pronunciation of “DDD please” Fig 6 in a language different from a language of the first user voice input,
Lee899 teaches a translation method in Fig 16-19 whereby the pronunciation of a first user voice input corresponds to a pronunciation of a second user voice input in a language different from a language of the first user voice input (e.g. the pronunciation of a first user voice input in Korean corresponds to a pronunciation of second user voice input in English as suggested in Figs 16-19 [0210]-[0230] wherein English is different from Korean of the first user voice input)
Lee and Lee899 are analogous art, because they all pertain to inputting user first and/or second voice input and translating the user’s voice input. Therefore, it would have been obvious to people having ordinary skill in the art before the effective filing date of the claimed invention to modify Lee with the teachings of Lee899 to include: the pronunciation of “DDD please” Fig 5 corresponds to the pronunciation of “DDD please” Fig 6 in a language different from a language of the first user voice input, as suggested in Figs 16-19 [0210]-[0230] of Lee. The benefit of the modification would be to facilitate a faster and easier switch from one language to the next language, thus allowing the user to be able to communicate with ease around the world.
With respect to claim 2 (similarly claims 10 and 18), Lee in view of Lee899 teaches the electronic device of claim 1, wherein the first user voice input is a voice input in which a user pronounces a first text in a first language (Lee899 e.g. a voice input 700g in a first language has been received Fig 19 [0230]), and wherein the second user voice input is a voice input in which a user pronounces a second text where the first text is expressed in a second language, in the second language (Lee e.g. the voice input 700g is expressed in a second language English in 1900 as disclosed in Fig 19 [0230])
With respect to claim 3 (similarly claims 11 and 19), Lee in view of Lee899 teaches the electronic device of claim 2, wherein the first language is Korean, and the second language is English (Lee899 e.g. the first language is Korean and the second language is English, [0230])
With respect to claim 4 (similarly claims 12 and 20), Lee in view of Lee899 teaches the electronic device of claim 1, wherein the first user voice input corresponds to a text displayed on a display of the electronic device (Lee899 e.g. the first user voice input corresponds to a text displayed on screen of mobile device 300, as suggested in Fig 19 [0230]), and wherein the second user voice input corresponds to a text displayed on the display of the electronic device (Lee899 e.g. the second user voice input in the combination corresponds to a text displayed on the screen of mobile device 300, as suggested in Fig 19 [0230])
With respect to claim 5 (similarly claim 13), Lee in view of Lee899 teaches the electronic device of claim 1, further comprising: a display (Lee e.g. display 130 Fig 1 and/or 14 [0053] and [0124]), wherein the processor is configured to control the display to display a first UI corresponding to execution of the first function (Lee e.g. control the display 130 to display a first UI 510 corresponding to execution of the first function, see Fig 5 [0073]), and to control the display to display a second UI corresponding to execution of the second function (Lee e.g. control the display 130 to display a second UI 510 corresponding to execution of the second function, see Fig 6 [0074])
With respect to claim 6 (similarly claim 14), Lee in view of Lee899 teaches the electronic device of claim 5, wherein the first UI is the same as the second UI (Lee e.g. Figs 5 and 6 disclose that the first UI 510 is the same as the second UI 510)
With respect to claim 7 (similarly claim 15), Lee in view of Lee899 teaches the electronic device of claim 1, further comprising: a display (Lee e.g. display 130 Fig 1 and/or 14 [0053] and [0124]), wherein the processor is configured to: based on the first user voice input corresponding to a content (Lee e.g. based on the first user voice input corresponding to “DDD” Fig 5 [0073]), perform the first function (Lee e.g. performing the function of search [0073]) by controlling the display to display information regarding the content (Lee e.g. by controlling display 130 to display information regarding content DDD in UI 510 Fig 5) received from the server through the communicator (Lee e.g. received from server 1300 Fig 13 through the communicator 165, as suggested in [0099]-[0100], [0128]), and based on the second user voice input being corresponding to the content (Lee e.g. and based on the second user voice input corresponding to DDD, Fig 6 [0074]), perform the second function (Lee e.g. performing the function of search [0074]) by controlling the display to display information regarding the content (Lee e.g. by controlling display 130 to display information regarding content DDD in UI 510 Fig 6) received from the server through the communicator (Lee e.g. received from server 1300 Fig 13 through the communicator 165, as suggested in [0099]-[0100], [0128])
With respect to claim 8 (similarly claim 16), Lee in view of Lee899 teaches the electronic device of claim 1, wherein the first data corresponding to the first user voice input includes a first text related to the first user input (Lee e.g. the first data corresponding to “DDD please” includes a first text related to “DDD please”, as suggested in Fig 5 [0073], [0099]-[0100]), wherein the second data corresponding to the second user voice input includes a second text related to the second user voice input (Lee e.g. the second data corresponding to “DDD please” includes a second text related “DDD please, as suggested in Fig 6 [0074], [0099]-[0100]), and wherein the processor is configured to: based on the first text corresponding to a command stored in the electronic device, perform the first function based on the command (Lee e.g. based on the first text corresponding to a command, as suggested in [0101], perform the first function based on the command [0101]), and based on the second text corresponding to the command stored in the electronic device, perform the second function based on the command (Lee e.g. based on the second text corresponding to the command, as suggested in [0101], perform the second function based on the command [0101])
Conclusion
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/IBRAHIM SIDDO/Primary Examiner, Art Unit 2681
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