DETAILED ACTION
This Office action has been issued in response to amendment filed March 09, 2026.
Claims 1, 3-10, 14, 15 and 18 have been amended. Claims 2 and 11 are canceled. Claims 1-20 are pending. Applicant’s arguments are carefully and respectfully considered and some are persuasive, while others are not. Accordingly, rejections have been removed where arguments were persuasive, but rejections have been maintained where arguments were not persuasive. Also, a new rejection based on the newly added amendments have been set forth. Accordingly, claims 1, 3-10 and 12-18 are rejected and this action has been made FINAL, as necessitated by amendment.
Response to Arguments
Applicant’s arguments directed to double patenting rejection have been fully considered, but they are not persuasive. Double patenting rejection do not hold until allowable subject matter is indicated and it is not a bona fide attempt to advance prosecution (see MPEP 804[R-5]). The amended claims are not patentably distinct from the reference claim(s). Applicant’s is reminded that terminal disclaimer is sufficient to overcome the non-statutory obviousness double patenting rejection. As such, the double patenting rejection is hereby sustained.
Applicant’s remarks and arguments directed to 35 USC 103 rejection, presented on 03/09/26 have been fully considered but they are moot in view of the new ground of rejection presented in this office action.
Double Patenting
5. 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 claims at issue 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); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
6. 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
7. Claims 1-18, are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1-20 of US Patent 12,242,528 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because of following reasons:
US Patent 12,242,528 B2 contain(s) every element of claims 1-18 of the instant application 19/068875 and thus anticipate or obvious the claim(s) of the instant application. The subject matter contains of the instant application claims (i.e. claims 1-18) contains same or similar limitations as US Patent 12,242,528 B2 (i.e. claims 1-20). Claims of the instant application 19/068875, therefore are not patently distinct from the earlier patent claims and as such are unpatentable over obvious-type double patenting. A later patent/application claim is not patentably distinct from an earlier claim if the later claim is anticipated by the earlier claim.
It would have been obvious to a person of ordinary skill in the art at the time the invention was made to modify or to omit the additional elements of claim 1 (from US Patent 12,242,528 B2) to arrive at the claim 1 of the instant application because the person would have realized that the remaining element would perform the same functions as before. “Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U. S. Court of Customs and Patent Appeals.
Claim Rejections- 35 USC § 103
8. 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.
9. 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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
10. Claims 1, 3-10 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wohlert (US 2010/0131527 A1) in view of OS et al. (US 2016/0212488 A1), hereinafter OS.
As for claim 1, Wohlert teaches a computer-implemented method implemented using one or more processors, the method comprising: receiving media content rendered or to be rendered via a first application (see [0035], receive media content, [0019]);
extracting target content from the media content; wherein extracting the target content comprises: processing the media content to generate a transcription; detecting one or more ….. from the transcription; assigning, based on the one or more….,a category for the media content (see [0017], e.g., category of media content included in the media playlist based on the user input to generate a modified media playlist, [0051], e.g., storing a local copy of the media mix in a device, the user update the local copy of the media mix at the local user device and synchronize the local copy of the media mix with the copy of the media mix at the remote network element., devices provide voice data over the network);
identifying content extraction parameters based on the content extraction parameters being assigned to the category for the media content; and using the content extraction parameters in extracting the target content from the media content in response to the content extraction parameters being assigned to the category for the media content (see [0017], category with modifies play list, [0021], interface accesses the particular selected media content item, interface to generate an output stream including the dynamically selected media content items accessed, [0028], subsequent media content items selected determined based on a user specified parameter of the user preference data);
determining, based on the extracted target content (see [0021], access the media content items selected by the media selection module. Interface accesses the particular selected media content item from the first local memory. interface to generate an output stream including the dynamically selected media content items accessed),
a first action, wherein the first action is configured to be executed by a second application; identifying based on the first action, the second application that is….from the first application, wherein the first application and the second application are installed at a client device (see [0021], system includes a memory device interface to access the media content items selected by the media selection module and accesses the particular selected media content item from the local memory, [0029], e.g., media content associated with the category such as artist, genre, an album, audio, video or any combination thereof, the media content associated with the category based on a storage location of the media content, selecting media content are presented, [0038], selected songs with their corresponding categories by displaying the names of the selected songs in the same color as the associated category. The streaming media service implemented using one or more applets that individually opened, closed, or linked together);
causing, based on the determined first action to be executed via the second application, a first selectable graphical element to be displayed at a user interface of the first application (see [0038], the streaming media service implemented using one or more applets that individually opened, closed, or linked together. Categories in the user interface display depicted in different colors to enable a user to differentiate the categories. Also provide the basis for associating selected songs with their corresponding categories by displaying the names of the selected songs in the same color as the associated category),
wherein the first selectable graphical element is associated with an identifier of the second application and displays a textual portion describing the first action to be executed via the second application (see [0048], media content items are to be selected based on a recommendation mechanism; [0106], media content associated with a title identifying the category. Each category of media content associated with an indicator, including a color, a symbol, text, a pattern, another graphical indicator);
and in response to a user selection of the first selectable graphical element that is displayed at the user interface of the first application: causing the second application to execute the first action that is described in the textual portion of the first selectable graphical element.
a second application that is separate from the first application (see [0086], user select a user interface element (such as an icon or text identifying the category) representative of one of the second categories, the user interface element from the category list to indicate that the category should be added to the media playlist, [0055], user uploads or points to a list of favorites. Determined by analyzing the list of favorites. Determined based on the content specified in the list of favorites. Determining a genre or other category of each media content item specified in the list of favorites. [0058], each category in the media mix can be displayed).
Wohlert teaches the claimed invention including the limitations of applications ([0068]); Wohlert does not explicitly teach the limitations of “detecting one or more keywords from the transcription; assigning, based on the one or more keywords; the second application that is different than and separate from the first application”. In the same field of endeavor, OS teaches the limitations of “detecting one or more keywords from the transcription; assigning, based on the one or more keywords; the second application that is different than and separate from the first application” (see [0197], e.g., identified user watching media (e.g., identified based on user authentication using account selections, voice recognition, passwords, etc), [0146], e.g, performing search such as picture associated with term ‘team alpha’ are display resulting pictures, [0166], [0201], e.g., query suggestions based on playable user device content and based on video content shown on a separate display).
Wohlert and OS both references teach features that are directed to analogous art and they are from the same field of endeavor, such as receiving, analyzing media content data, such as audio, video, news, song or any other media file data. The media content data can include text data, identify, classify or categorize those data.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate OS’s teaching to Wohlert’s system for a client-facing I/O interface which facilitate the client-facing input and output processing for virtual assistant server. A virtual assistant server help infer the user's intent, use the contextual information to determine how to prepare and deliver outputs to the user. The contextual information can further be used by user device or server system to support accurate speech recognition (see OS, [0061], [0072]).
As for claim 10,
The limitations therein have substantially the same scope as claim 1 because claim 10 is a device claim for implementing those steps of claim 1. Therefore, claim 10 is rejected for at least the same reasons as claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate OS’s teaching to Wohlert’s system for a client-facing I/O interface which facilitate the client-facing input and output processing for virtual assistant server. A virtual assistant server help infer the user's intent, use the contextual information to determine how to prepare and deliver outputs to the user. The contextual information can further be used by user device or server system to support accurate speech recognition (see OS, [0061], [0072]).
As for claim 18, Wohlert teaches a client device, comprising: a display; memory storing instructions; one or more processors operable to execute the instructions to: extract target content from media content (see [0019], system, processor, memory, [0035], receive media content);
wherein in extracting target content one or more of the processors art to: process the media content to generate a transcription; detect one or more ….. from the transcription; assign, based on the one or more….,a category for the media content (see [0017], e.g., category of media content included in the media playlist based on the user input to generate a modified media playlist, [0051], e.g., storing a local copy of the media mix in a device, the user update the local copy of the media mix at the local user device and synchronize the local copy of the media mix with the copy of the media mix at the remote network element., devices provide voice data over the network);
identify content extraction parameters based on the content extraction parameters being assigned to the category for the media content; and use the content extraction parameters in extracting the target content from the media content in response to the content extraction parameters being assigned to the category for the media content (see [0017], category with modifies play list, [0021], interface accesses the particular selected media content item, interface to generate an output stream including the dynamically selected media content items accessed, [0028], subsequent media content items selected determined based on a user specified parameter of the user preference data);
determine, based on the extracted target content, a plurality of candidate actions; select a subset of the candidate actions, including a first action based on the extracted target content and a second action based on the extracted target content (see [0021], system includes a memory device interface to access the media content items selected by the media selection module and accesses the particular selected media content item from the local memory, [0070], e.g., streaming media service used by a business entity, to customize media presented at various times, or on various days or dates. For example, a bar, a restaurant, or any other another establishment use input from customers to determine a music profile (or other media mix). Customers of the business entity vote for media content that they like or rate media content that is presented (e.g., via one or more kiosks);
determine, based on the first action, a first application; determine, based on the second action, a second application; generate, based on the selected subset of candidate actions, a plurality of selectable graphical elements, including: a first selectable graphical element that is associated with an identifier of the first application to execute the first action using the first application (see [0028], user preference data indicate proportions of each of a plurality of categories of media content to be present in the media playlist, include information specifying one or more media mixes. Each media mix may identify one or more categories of media content, selecting one or more subsequent media content items to be presented based on the user preference data, the number of subsequent media content items selected determined based on a user specified parameter of the user preference data, [0070], streaming media service used by a business entity, a bar, a restaurant, or any other establishment use input from customers or other media mix, [0029]),
and a second selectable graphical element that is associated with an identifier of the second application to execute the second action using the second application, wherein the second application is….from the first application; and cause the plurality of selectable graphical elements to be displayed, via the display, at the client device and along with the media content (see [0017], user interface display presents the user preference data using a plurality of categories of media content, [0106], e.g., each category of media content in the graphical representation associated with a title identifying the category. Additionally, each category of media content in the graphical representation associated with an indicator, a color, a symbol, text, a pattern, another graphical indicator, or any combination thereof).
Wohlert teaches the claimed invention including the limitations of applications ([0068]); Wohlert does not explicitly teach the limitations of “detect one or more keywords from the transcription; assign, based on the one or more keywords; the second application is different than and separate from the first application”. In the same field of endeavor, OS teaches the limitations of “detect one or more keywords from the transcription; assign, based on the one or more keywords; the second application is different than and separate from the first application” (see [0197], e.g., identified user watching media (e.g., identified based on user authentication using account selections, voice recognition, passwords, etc), [0146], e.g, performing search such as picture associated with term ‘team alpha’ are display resulting pictures, [0166], [0201], e.g., query suggestions based on playable user device content and based on video content shown on a separate display).
Wohlert and OS both references teach features that are directed to analogous art and they are from the same field of endeavor, such as receiving, analyzing media content data, such as audio, video, news, song or any other media file data. The media content data can include text data, identify, classify or categorize those data.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate OS’s teaching to Wohlert’s system for a client-facing I/O interface which facilitate the client-facing input and output processing for virtual assistant server. A virtual assistant server help infer the user's intent, use the contextual information to determine how to prepare and deliver outputs to the user. The contextual information can further be used by user device or server system to support accurate speech recognition (see OS, [0061], [0072]).
As to claim 3, this claim is rejected based on the same reason as above to reject the claim above and are similarly rejected including the following:
Wohlert and OS teaches:
wherein the content extraction parameters are assigned to only the category and lack any assignment to any other categories (see Wohlert, [0057]).
As to claim 4, this claim is rejected based on the same reason as above to reject the claim above and are similarly rejected including the following:
Wohlert and OS teaches:
wherein the first selectable graphical element is embedded with a link including the identifier of the second application, and wherein causing the second application to execute the first action comprises causing the link to be executed (see Wohlert, [0029]).
As to claim 5, this claim is rejected based on the same reason as above to reject the claim above and are similarly rejected including the following:
Wohlert and OS teaches:
wherein during execution of the first action by the second application, the media content continues to be rendered, uninterrupted, via the first application (see Wohlert, [0093]).
As to claim 6, this claim is rejected based on the same reason as above to reject the claim above and are similarly rejected including the following:
Wohlert and OS teaches:
further comprising selecting the second application from a plurality of candidate applications (see Wohlert, [0068]).
As to claim 7, this claim is rejected based on the same reason as above to reject the claim above and are similarly rejected including the following:
Wohlert and OS teaches:
wherein selecting the second application from the plurality of candidate applications comprises: generating a corresponding score for each of the candidate applications; and selecting the second application based on the corresponding scores (see Wohlert, [0052]).
As to claim 8, this claim is rejected based on the same reason as above to reject the claim above and are similarly rejected including the following:
Wohlert and OS teaches:
wherein generating the corresponding scores comprises: generating each of the corresponding scores based on historical data, for an active user of the client device, for a corresponding one of the candidate applications (see Wohlert, [0061], [0052]).
As to claim 9, this claim is rejected based on the same reason as above to reject the claim above and are similarly rejected including the following:
Wohlert and OS teaches:
wherein the first selectable graphical element is displayed when the target content, of the media content, is rendered (see Wohlert, [0017]).
Claims 12-17 are corresponds in scope claims 2-9 and are similarly rejected.
Prior Arts
11. US 8,255,948 B1 teaches incoming data includes media content, the learning module and/or the classification engine classify the media content, and infer or identify demographic information associated with the media content related to a topic. The learning module and/or the classification engine also identify a content item presented in another medium on the same topic. Subsequently, the advertising targeting system may provide appropriate advertising based on the demographic information to be associated with the content item (column 1, lines 34-46).
US 2022/004572 A1 teaches versions of news stories from predetermined categories, other listeners have different interests. For example, one listener interested in sports and entertainment, but not politics, while another listener interested in politics and entertainment, but not sports. In either case, the listener presented with audible content that does not align with the listener's interests. As a result, the listener may find the news program unappealing ([0021]).
EP 4018353 A1 teaches classification machine learning model trained using one or more corpora of historical data comprising previous dialogues labelled with utterance types; identifying entities in the transcription data; classifying attributes in the transcription data using a trained attribute machine learning model, historical data comprising previous dialogues labelled with attributes; and outputting at least one of the utterances, the entities, and the attributes ([0003]).
Also see, US 20220253165, US 20200401639, US 20190171765, US 20170214980, US 20170195733, US 20170150231, US 20160358597, US 20160360261, US 20160246792, US 20160028788, US 20140280181, US 20100131527, these reference also read the claim recited limitation. These references are state of the art at the time of the claimed invention.
Conclusion
12. The examiner suggests, in response to this Office action, support being shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application (see 37 C.F.R. § 1.75(d)(1), 37 C.F.R. § 1.83(f)).
13. The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action (see MPEP § 7.96). Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
14. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
15. Any inquiry concerning this communication or earlier communication from the examiner should be directed to Daniel A Kuddus whose telephone number is (571) 270-1722. The examiner can normally be reached on Monday to Thursday 8.00 a.m.-5.30 p.m. The examiner can also be reached on alternate Fridays from 8.00 a.m. to 4.30 p.m.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Boris Gorney can be reached on (571) 270-5626. The fax phone number for the organization where this application or processing is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from the either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only.
For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL A KUDDUS/ Primary Examiner, Art Unit 2154
06/15/26
Prosecution Insights