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 .
DETAILED ACTION
1. This action is in response to the application filed on April 9, 2025. Claims 1-20 are pending. Claims 1-20 represent MACHINE-CONTROL OF A DEVICE BASED ON MACHINE-DETECTED TRANSITIONS.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
19/174,801
1. A tangible, non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by one or more processors, cause performance of a set of operations comprising: determining an audio characteristic value representative of an audio characteristic in audio; detecting a transition between a first category and a second category by comparing the audio characteristic value to a threshold value of a set of threshold values, wherein the set of threshold values corresponds to at least one of the first category and the second category; and in response to detecting the transition between the first category and the second category, fingerprinting the audio.
12,300,201
11,935,507
11,417,302
10,783,863
10,134,373
9,160,837
1. A non-transitory computer-readable storage medium, having stored thereon program instructions that, upon execution by one or more processors, cause performance of a set of operations comprising: determining an audio characteristic value representative of an audio characteristic in audio; detecting a transition between a first category and a second category by comparing the audio characteristic value to a threshold value among a set of threshold values, wherein the set of threshold values corresponds to the first category and the second category; and transmitting instructions to a device to reduce a rate of audio classification requests responsive to the detected transition between the first category and the second category.
1. An apparatus comprising: a classifier to determine an audio characteristic value representative of an audio characteristic in audio; a transition detector to detect a transition between a first category and a second category by comparing the audio characteristic value to a threshold value among a set of threshold values, the set of threshold values corresponding to the first category and the second category; and a context manager to control a device to reduce a rate of audio classification requests responsive to the detected transition between the first category and the second category.
1. An apparatus comprising: a classifier to determine an audio characteristic value representative of an audio characteristic in audio; a transition detector to detect a transition between a first category and a second category by comparing the audio characteristic value to a threshold value among a set of threshold values, the set of threshold values corresponding to the first category and the second category; and a context manager to control a device to switch from a first fingerprinting algorithm to a second fingerprinting algorithm different than the first fingerprinting algorithm, responsive to the detected transition between the first category and the second category.
1. An apparatus comprising: a classifier to determine an audio characteristic value representative of an audio characteristic in audio; a transition detector to detect a transition between a music category and a talk category by comparing the audio characteristic value to a threshold value among a set of threshold values, the set of threshold values corresponding to the music category and the talk category; and a context manager to control a device to initiate extraction of fingerprints, responsive to the detected transition between the music category and the talk category.
1. A method comprising: accessing, by executing an instruction using one or more processors, a memory to retrieve audio data that represents audio received in an audio signal; determining, by executing an instruction using the one or more processors, an audio characteristic in the audio, the audio characteristic being represented by an audio characteristic value; detecting, by executing an instruction using the one or more processors, a transition between a music category and a talk category by comparing the audio characteristic value to a threshold value among a set of threshold values, the set of threshold values corresponding to different categories in a set of categories including the music category and the talk category; modifying, by executing an instruction using the one or more processors, at least one threshold value among the set of threshold values based on the detecting of the transition between the music category and the talk category; and controlling, by executing an instruction using the one or more processors, a device based on the detected transition between the music category and the talk category.
1. A method comprising: continuously receiving an incoming audio signal including audio content; processing the audio signal to determine audio characteristics that include a rhythm of the audio content; classifying the audio content into a classification among multiple classifications that include a music classification and a talk classification based on the audio characteristics that include the rhythm of the audio content and based on multiple sets of threshold values that each correspond to a different one of the multiple classifications; identifying a transition between the music classification and the talk classification by detecting that a change in the rhythm of the audio content transgresses at least one of the multiple sets of threshold values; in response to the transition between the music classification and the talk classification being identified by the detecting that the change in the rhythm of the audio content transgresses at least one of the multiple sets of threshold values, adjusting at least one of the multiple sets of threshold values; and selecting a behavior of a device in response to the identified transition between the music classification and the talk classification.
2. Claims 1-20 of the instant application are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No(s). US 10,134,373, 9,160,837, 10,783,863, 11,417,302, 11,935,507 and 12,300,201, to Jeffrey. Although the conflicting set of claims are not identical, they are not patentably distinct from each other because a comparison between the set of claims shows that the instant claims 1-20 are anticipated by claims 1-20 of patent(s) ‘373, ‘837, ‘863, ‘302, ‘507 and ‘201.
Conclusion
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EL HADJI SALL whose telephone number is (571)272-4010. The examiner can normally be reached on Monday-Friday 8:00-8:30 (flexible).
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/EL HADJI M SALL/Primary Examiner, Art Unit 2457
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