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 .
This is a first office action in response to the instant application for letters patent filed on 31 March 2025. Claims 1-17 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/31/2025 and 09/03/2026 was filed before the mailing date of the first office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 10, and 17 of the instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15 and 18 of U.S. Patent No. 15 and 18 . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 10, and 17 are arguably broader and mostly included in claims 15 and 18 of patent “320”. The concept of both claims are the same with some slightly added limitations (see the table below, similarities are in bold face). The claims encompass the same bounds, metes and limitations. Therefore, it would be obvious to a skilled artisan before the effective filing date and time of the invention as claimed to eliminate the limitations of the narrower claims, since it has been held that omission of an element and its functions and a combination where the remaining elements perform the same functions as before involves only routine skill in the art. See in re Karlson, 136 USPQ 184.
Table:
Application Number: 19096,102
Patent Number: 12267329
1. A method implemented by one or more processors, the method comprising: determining, based on location data of a client computing device associated with a user, that the client computing device is within a threshold distance of a location, or is estimated to arrive at the location within a threshold duration of time; in response to determining that the client computing device is within the threshold distance of the location or is estimated to arrive at the location within the threshold duration of time: causing a speech processing technique to be initialized at the client computing device; determining that the speech processing technique, after being initialized, captured audio entity data provided by an entity at the location, wherein the audio entity data embodies a request to present certain information for accessing a feature of the location; and in response to determining that the speech processing technique captured the audio entity data: causing the client computing device, or an additional computing device, to render content at an interface, wherein the content includes or suggests the certain information requested by the audio entity data.
15. A method implemented by one or more processors, the method comprising: determining, based on contextual data that is accessible to a client computing device associated with a user, that the user is estimated to arrive at a location during a subsequent moment in time; processing, based on determining the location, application data in furtherance of determining whether the location includes an entity that provides access to a feature of the location according to whether the user presents certain information to the entity when the user arrives at the location; and when the application data indicates that the location includes the entity that provides access to the feature according to whether the user presents the certain information to the entity: determining, based on location data associated with the user, that the user is within a threshold distance of the location, or is estimated to arrive at the location within a threshold duration of time; causing, based on the location data and the application data, a speech processing technique to be initialized at the client computing device to be active in furtherance of capturing entity data provided by the entity, wherein the entity data embodies a request for the user to present the certain information to the entity; causing, based on the entity data captured by the client computing device, the client computing device, or an additional computing device, to render content at an interface, wherein the content includes or suggests the certain information requested by the entity data.
17. A client computing device comprising: one or more microphones; memory storing instructions; one or more processors operable to execute the instructions to: determine, based on location data of the client computing device, that the client computing device is within a threshold distance of a location, or is estimated to arrive at the location within a threshold duration of time; in response to determining that the client computing device is within the threshold distance of the location or is estimated to arrive at the location within the threshold duration of time: cause a speech processing technique to be initialized at the client computing device; determine that the speech processing technique, after being initialized, captured audio entity data provided by an entity at the location, wherein the audio entity data embodies a request to present certain information for accessing a feature of the location; and in response to determining that the speech processing technique captured the audio entity data: cause the client computing device, or an additional computing device, to render content at an interface, wherein the content includes or suggests the certain information requested by the audio entity data.
18. A method implemented by one or more processors, the method comprising: determining, based on data associated with a user, that the user is within a threshold distance of a location that includes an entity that limits access to a feature of the location according to whether certain information is presented to the entity by the user; causing, based on the data, an input interface of the client computing device to be active in furtherance of capturing entity data provided by the entity, wherein the entity data embodies a request for the user to present the certain information to the entity; causing, in response to determining that the user is within the threshold distance of the location that includes the entity, a speech processing technique to be initialized in furtherance of determining whether the entity has provided the request for the certain information, wherein the speech processing technique is utilized to process the entity data; and causing, based on the entity data captured by the client computing device, the client computing device, or an additional computing device, to render content for the entity, wherein the content includes or suggests the certain information requested via the entity data.
The application will be allowed upon the submission of a terminal disclaimer by applicant to obviate the double patenting rejection.
See prior art below:
Pass Design creation: provides files that make up a pass are arranged in a package (also referred to as a bundle) called the pass package. At the center of the pass is a JSON file named pass json, which defines the pass. The JSON file contains information that Identifies the pass, text that appears on the pass, and other information about the pass. Additionally, the package contains images and localization data. Figure 4-1 shows the directory structure for a sample pass that provides an icon, a logo, and a thumbnail. The pass is localized in English and Chinese, it has both at Retina and non-Retina sizes of the image assets, and the logo is localized.
Houston (11605380 B1) provides techniques and systems for generating and outputting immersive, multi-device content items in user environment, such as connected homes, offices, and the like. For example, the techniques and systems may output different portions of content on different devices within a user environment based on information such as respective capabilities of the devices, a current location of the user within the environment, a time of day, which user(s) are present in the environment.
The prior art fail to teach and suggest the combination of determining, based on location data of a client computing device associated with a user, that the client computing device is within a threshold distance of a location, or is estimated to arrive at the location within a threshold duration of time; in response to determining that the client computing device is within the threshold distance of the location or is estimated to arrive at the location within the threshold duration of time: causing a speech processing technique to be initialized at the client computing device; determining that the speech processing technique, after being initialized, captured audio entity data provided by an entity at the location, wherein the audio entity data embodies a request to present certain information for accessing a feature of the location; and in response to determining that the speech processing technique captured the audio entity data: causing the client computing device, or an additional computing device, to render content at an interface, wherein the content includes or suggests the certain information requested by the audio entity data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANTZ B JEAN whose telephone number is (571)272-3937. The examiner can normally be reached 8-5 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Glenton B. Burgess can be reached at 5712723949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRANTZ B JEAN/Primary Examiner, Art Unit 2454
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