Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Acknowledgment has made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 14/651,002, filed on 06/10/2015.
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).
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Claims 1, 6, 11, and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6 and 11 and 16 of U.S. Patent #:12,282,708 and claims 1, 6 and 11 of U.S. Patent #: 11,861,264 over claims 1, 7 and 13 of U.S. Patent #: 11,487,502 and claims 1 and 3 of U.S. Patent #: 10,303,433. Although the claims at issue are not identical, they are not patentably distinct from each other because as shown in the table below comparing the present application to Patent #: 12,282,708 and see table in non-final rejection of Application 18/379,239 illustrating claim comparison to Patents #: 11, 861,264, 111487, 502 and 10,303,433. Claims 2-5, 7-10, 12 -15 and 17-20 are dependent on claims 1, 6, 11 and 16 and suffer the same deficiencies and are thus not allowable as presently presented.
Application: 19/075,888 US Patent #: 12,282,708
1. An information processing terminal comprising:
1. An information processing terminal comprising: a camera configured to obtain image data;
a microphone configured to detect voice input;
a microphone configured to detect voice input;
a controller configured to execute a plurality of operations;
a controller configured to execute a plurality of operations;
a communication interface configured to transmit and receive data with an external server;
a communication interface configured to transmit and receive data with an external server;
And a display,
And a display,
wherein, in response to receiving, from an external server, data of only one result identified based on transmitted data which includes single input data based on the voice input detected by the microphone and transmitted from the information processing terminal to the external server, the controller is further configured to display information relating to the one result on the display,
wherein, when the controller controls the communication interface to transmit the image data obtained by the camera and single input data based on the voice input detected by the microphone to the external server and thereafter the communication interface receives data of only one result identified based on transmitted data including the image data and the single input data from the external server, the controller is further configured to display information relating to the one result on the display,
wherein, in response to receiving, from an external server, data of a plurality of results identified based on transmitted data which includes single input data based on the voice input detected by the microphone and transmitted from the information processing terminal to the external server, the controller is further configured to display a plurality of options corresponding to each of the plurality of results on the display
wherein, when the controller controls the communication interface to transmit the image data obtained by the camera and single input data based on the voice input detected by the microphone to the external server and thereafter the communication interface receives data of a plurality of results identified based on transmitted data including the image data and the single input data from the external server, the controller is further configured to: display a plurality of options corresponding to each of the plurality of results on the display,
wherein, in response to detecting additional voice input relating to one option of the plurality of options by the microphone during displaying of the plurality of options based on the transmitted data, the controller is further configured to
detect additional voice input by the microphone for selecting one option from the plurality of options during displaying of the plurality of options based on the transmitted data,
wherein, in response to detecting additional voice input relating to one option of the plurality of options by the microphone during displaying of the plurality of options based on the transmitted data, the controller is further configured to
transmit additional input data based on the additional voice input detected by the microphone to the external serve
And after receiving response data to the additional input data from the external sever, display information relating to the one option based on the response data.
And after receiving response data to the additional input data from the external sever, display information relating to the one option based on the response data.
Possible Allowable Subject Matter
If the applicant were to traverse or otherwise overcome the double patenting rejection of the Claims which are objected to above as being unpatentable. The claims would be allowable for the following reasons:
The claims as presently presented the closest representative closest prior art is Hart et al., US Patent (8,700,392), hereinafter “Hart” and Cha et al., US Patent Application (20100009720), hereinafter "Cha", which do not teach the features claimed in the independent claims.
In regards to claims 1, 6, 11 and 16 Hart and Cha, alone, or in combination, do not provide a teaching, a suggestion or a motivation that could be found either in the art or within the skill of one of ordinary skill in the art prior to the effective time of the invention to modify or combine the prior art to disclose the cited claim limitations above and more specifically “wherein, in response to receiving, from an external server, data of a plurality of results identified based on transmitted data which includes single input data based on the voice input detected by the microphone and transmitted from the information processing terminal to the external server, the controller is further configured to display a plurality of options corresponding to each of the plurality of results on the display, wherein, in response to detecting additional voice input relating to one option of the plurality of options by the microphone during displaying of the plurality of options based on the transmitted data, the controller is further configured to wherein, in response to detecting additional voice input relating to one option of the plurality of options by the microphone during displaying of the plurality of options based on the transmitted data,” of the claimed invention. Claims 2-5, 7-10, 12 -15 and 17-20 are dependent on claims 1, 6, 11 and 16 and suffer the same deficiencies at this time and are thus not allowable as presently presented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J MICHAUD whose telephone number is (571)270-3981. The examiner can normally be reached 8:30 - 5:00.
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/ROBERT J MICHAUD/Examiner, Art Unit 2622