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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/02/2025 & 12/19/2025 were filed. 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.
Claim 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11, 16, 24 and 29 of U.S. Patent No. 12,327,573. Although the claims at issue are not identical, they are not patentably distinct from each other because removing inherent and/or unnecessary limitations/step would be within the level of one of ordinary skill in the art. It is well settled that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
Patent No. 12,327,573
Application No. 19/197,282
1. A method comprising:
receiving, via a microphone and a first processor of a head-wearable device, an audio signal, wherein the audio signal comprises voice activity;
dividing, via the first processor, the audio signal into a plurality of audio signal segments;
receiving, via the first processor and one or more sensors of the head-wearable device, non-verbal sensor data corresponding to a user of the head-wearable device, wherein:
the one or more sensors comprise a camera,
the receiving the non-verbal sensor data comprises receiving, via the camera, information associated with an environment of the user concurrently with the receiving the audio signal,
the information indicates a position and an orientation of the user, and
the information is determined based on one or more of Simultaneous Localization and Mapping (SLAM) and visual odometry performed via the first processor and further via visual data from the camera;
classifying, via a first classifier, audio data corresponding to the audio signal;
for each of the plurality of the audio signal segments:
determining, via the first processor, one or more of an amplitude and frequency components of a respective audio signal segment;
receiving, via a second processor, the respective audio signal segment of the plurality of the audio signal segments and data associated with one or more of the amplitude and the frequency components of the respective audio signal segment;
determining, via the second processor and based on one or more of the amplitude and the frequency components of the respective audio signal segment, whether the respective audio signal segment comprises a pause in the voice activity;
responsive to determining that the respective audio signal segment comprises a pause in the voice activity, determining, based on the classifying of the audio data, whether the pause in the voice activity corresponds to an end point of the voice activity; and
responsive to determining that the pause in the voice activity corresponds to an end point of the voice activity, presenting a response to the user based on the voice activity, wherein:
determining whether the respective audio signal segment comprises the pause in the voice activity comprises:
determining, based on the information determined based on the one or more of SLAM and visual odometry, head poses of the user associated with the respective audio signal segment, and
determining whether the head poses comprise a head pose change, wherein the respective audio signal segment comprises the pause in accordance with a determination that the head poses comprise the head pose change, and
determining whether the pause in the voice activity corresponds to an end point of the voice activity comprises:
determining a probability of interest based on the classifying of the audio data and based further on applying the non-verbal sensor data as input to a machine learning process, the probability determined based on relative distances between the non-verbal sensor data and its neighbors in an N-dimensional space,
determining whether the probability of interest exceeds a threshold,
in accordance with a determination that the probability of interest exceeds the threshold, determining that the pause in the voice activity corresponds to an end point of the voice activity, and
in accordance with a determination that the probability of interest does not exceed the threshold, prompting the user to speak, and
presenting the response to the user comprises presenting the response via a transmissive display of the head-wearable device, concurrently with presenting to the user a view of an external environment via the transmissive display.
1. A method comprising:
receiving, via a microphone, an audio signal, wherein the audio signal comprises voice activity;
receiving, via one or more sensors of a head-wearable device, non-verbal sensor data corresponding to a user of the head-wearable device, wherein:
the one or more sensors comprise a camera, and
the receiving the non-verbal sensor data comprises receiving
information determined based on one or more of Simultaneous Localization and Mapping (SLAM) and visual odometry performed via visual data from the camera;
classifying audio data corresponding to the audio signal;
determining
whether the audio signal comprises a pause in the voice activity;
responsive to determining that the audio signal comprises the pause in the voice activity, determining, based on the classifying of the audio data and based further on the non-verbal sensor data, whether the pause in the voice activity corresponds to an end point of the voice activity; and
responsive to determining that the pause in the voice activity corresponds to the end point of the voice activity, presenting a response to the user based on the voice activity, wherein:
the determining whether the audio signal comprises the pause in the voice activity comprises:
determining, based on the information determined based on the one or more of SLAM and visual odometry, head poses of the user, and
determining whether the head poses comprise a head pose change, wherein the audio signal comprises the pause in accordance with a determination that the head poses comprise the head pose change, and
the determining whether the pause in the voice activity corresponds to the end point of the voice activity comprises:
determining a probability of interest based on the classifying of the audio data and based further on the non-verbal sensor data,
the probability determined based on relative distances between the non-verbal sensor data and its neighbors in an N-dimensional space, and
in accordance with a determination that the probability of interest exceeds a threshold, determining that the pause in the voice activity corresponds to the end point of the voice activity.
2. The method of claim 1 further comprising: in accordance with the determination that the probability of interest does not exceed the threshold: determining that the pause in the voice activity does not correspond to an end point of the voice activity, and forgoing presenting the response to the user based on the voice activity.
2. The method of claim 1, further comprising: in accordance with a determination that the probability of interest does not exceed the threshold: determining that the pause in the voice activity does not correspond to the end point of the voice activity, and forgoing presenting the response to the user based on the voice activity.
3. The method of claim 1, wherein determining whether the respective audio signal segment comprises a pause in the voice activity further comprises determining whether the amplitude of the respective audio signal segment falls below a second threshold for a predetermined period of time.
3. The method of claim 1, wherein the determining whether the audio signal comprises the pause in the voice activity further comprises determining whether an amplitude of the audio signal falls below a second threshold.
4. The method of claim 1 further comprising:
in accordance with the determination that the probability of interest does not exceed the threshold: determining that the pause in the voice activity does not correspond to an end point of the voice activity, and determining whether the audio signal comprises a second pause corresponding to an end point of the voice activity.
4. The method of claim 1 further comprising: in accordance with a determination that the probability of interest does not exceed the threshold: determining that the pause in the voice activity does not correspond to the end point of the voice activity, and determining whether the audio signal comprises a second pause corresponding to the end point of the voice activity.
5. The method of claim 1, wherein determining whether the respective audio signal segment comprises a pause in the voice activity further comprises determining whether the respective audio signal segment comprises one or more verbal cues corresponding to an end point of the voice activity.
5. The method of claim 1, wherein the determining whether the audio signal comprises the pause in the voice activity further comprises determining whether the audio signal comprises one or more verbal cues corresponding to the pause in the voice activity.
6. The method of claim 5, wherein the one or more verbal cues comprise a characteristic of the user's prosody.
6. The method of claim 5, wherein the one or more verbal cues comprise a characteristic of the user's prosody.
7. The method of claim 5, wherein the one or more verbal cues comprise a terminating phrase.
7. The method of claim 5, wherein the one or more verbal cues comprise a terminating phrase.
5. The method of claim 1, wherein determining whether the respective audio signal segment comprises a pause in the voice activity further comprises determining whether the respective audio signal segment comprises one or more verbal cues corresponding to an end point of the voice activity.
8. The method of claim 5,
wherein the one or more verbal cues further correspond to the end point of the voice activity.
8. The method of claim 1, wherein the non-verbal sensor data is indicative of the user's gaze.
9. The method of claim 1, wherein the non-verbal sensor data is indicative of the user's gaze.
9. The method of claim 1, wherein the non-verbal sensor data is indicative of the user's facial expression.
10. The method of claim 1, wherein the non-verbal sensor data is indicative of the user's facial expression.
10. The method of claim 1, wherein the non-verbal sensor data is indicative of the user's heart rate.
11. The method of claim 1, wherein the non-verbal sensor data is indicative of the user's heart rate.
11. The method of claim 1, wherein determining whether the pause in the voice activity corresponds to an end point of the voice activity comprises identifying one or more interstitial sounds.
12. The method of claim 1, wherein the determining whether the pause in the voice activity corresponds to the end point of the voice activity comprises identifying one or more interstitial sounds
1. A method comprising:
receiving, via a microphone…
13. The method of claim 1, wherein the one or more sensors comprise the microphone.
1. A method comprising:
receiving, via a microphone…
determining, via the second processor and based on one or more of the amplitude and the frequency components of the respective audio signal segment, whether the respective audio signal segment comprises a pause in the voice activity…
14. The method of claim 1,
wherein the determining whether the audio signal comprises the pause in the voice activity further comprises determining that a frequency component of the audio signal is indicative of the pause in the voice activity.
1. A method comprising:
receiving, via a microphone…
determining, via the second processor and based on one or more of the amplitude and the frequency components of the respective audio signal segment, whether the respective audio signal segment comprises a pause in the voice activity…
15. The method of claim 1,
wherein the determining whether the audio signal comprises the pause in the voice activity further comprises determining whether an audio segment of the audio signal comprises the pause in the voice activity.
1. A method comprising:
receiving, via a microphone…
determining, via the second processor and based on one or more of the amplitude and the frequency components of the respective audio signal segment, whether the respective audio signal segment comprises a pause in the voice activity…
16. The method of claim 1,
wherein the determining whether the pause in the voice activity corresponds to the end point of the voice activity further comprises determining whether an audio segment of the audio signal comprises the end point of the voice activity.
16. A system comprising:
a microphone of a head-wearable device;
one or more sensors of the head-wearable device;
a transmissive display of the head-wearable device; and
one or more processors, the one or more processor comprising a first processor of the head-wearable device and a second processor, configured to execute a method comprising:
receiving, via the microphone and the first processor of the head-wearable device, an audio signal, wherein the audio signal comprises voice activity;
dividing, via the first processor, the audio signal into a plurality of audio signal segments;
receiving, via the first processor and the one or more sensors of the head-wearable device, non-verbal sensor data corresponding to a user of the head-wearable device, wherein:
the one or more sensors comprise a camera, the receiving the non-verbal sensor data comprises receiving, via the camera, information associated with an environment of the user concurrently with the receiving the audio signal, the information indicates a position and an orientation of the user, and the information is determined based on one or more of Simultaneous Localization and Mapping (SLAM) and visual odometry performed via the first processor and further via visual data from the camera;
classifying, via a first classifier, audio data corresponding to the audio signal;
for each of the plurality of the audio signal segments:
determining, via the first processor, one or more of an amplitude and frequency components of a respective audio signal segment;
receiving, via a second processor, the respective audio signal segment of the plurality of the audio signal segments and data associated with one or more of the amplitude and the frequency components of the respective audio signal segment;
determining, via the second processor and based on one or more of the amplitude and the frequency components of the respective audio signal segment, whether the respective audio signal segment comprises a pause in the voice activity;
responsive to determining that the respective audio signal segment comprises a pause in the voice activity, determining, based on the classifying of the audio data, whether the pause in the voice activity corresponds to an end point of the voice activity; and
responsive to determining that the pause in the voice activity corresponds to an end point of the voice activity, presenting a response to the user based on the voice activity, wherein:
determining whether the respective audio signal segment comprises the pause in the voice activity comprises:
determining, based on the information determined based on the one or more of SLAM and visual odometry, head poses of the user associated with the respective audio signal segment, and
determining whether the head poses comprise a head pose change, wherein the respective audio signal segment comprises the pause in accordance with a determination that the head poses comprise the head pose change, and
determining whether the pause in the voice activity corresponds to an end point of the voice activity comprises:
determining a probability of interest based on the classifying of the audio data and based further on applying the non-verbal sensor data as input to a machine learning process, the probability determined based on relative distances between the non-verbal sensor data and its neighbors in an N-dimensional space, determining whether the probability of interest exceeds a threshold,
in accordance with a determination that the probability of interest exceeds the threshold, determining that the pause in the voice activity corresponds to an end point of the voice activity, and
in accordance with a determination that the probability of interest does not exceed the threshold, prompting the user to speak, and presenting the response to the user comprises presenting the response via the transmissive display, concurrently with presenting to the user a view of an external environment via the transmissive display.
17. A system, comprising:
a microphone of a head-wearable device;
one or more sensors of the head-wearable device; and
one or more processors configured to perform a method comprising:
receiving, via the microphone, an audio signal, wherein the audio signal comprises voice activity;
receiving, via the one or more sensors, non-verbal sensor data corresponding to a user of the head-wearable device, wherein:
the one or more sensors comprise a camera, and the receiving the non-verbal sensor data comprises receiving
information determined based on one or more of Simultaneous Localization and Mapping (SLAM) and visual odometry performed via visual data from the camera;
classifying audio data corresponding to the audio signal;
determining
whether the audio signal comprises a pause in the voice activity;
responsive to determining that the audio signal comprises the pause in the voice activity, determining, based on the classifying of the audio data and based further on the non-verbal sensor data, whether the pause in the voice activity corresponds to an end point of the voice activity; and
responsive to determining that the pause in the voice activity corresponds to the end point of the voice activity, presenting a response to the user based on the voice activity, wherein:
the determining whether the audio signal comprises the pause in the voice activity comprises:
determining, based on the information determined based on the one or more of SLAM and visual odometry, head poses of the user, and
determining whether the head poses comprise a head pose change, wherein the audio signal comprises the pause in accordance with a determination that the head poses comprise the head pose change, and
the determining whether the pause in the voice activity corresponds to the end point of the voice activity comprises:
determining a probability of interest based on the classifying of the audio data and based further on the non-verbal sensor data, the probability determined based on relative distances between the non-verbal sensor data and its neighbors in an N-dimensional space, and
in accordance with a determination that the probability of interest exceeds a threshold, determining that the pause in the voice activity corresponds to the end point of the voice activity.
16. A system comprising:
a microphone of a head-wearable device;
one or more sensors of the head-wearable device;
a transmissive display of the head-wearable device…
presenting the response to the user comprises presenting the response via the transmissive display, concurrently with presenting to the user a view of an external environment via the transmissive display.
18. The system of claim 17, further comprising a transmissive display of the head-wearable device, wherein response to the user is presented via the transmissive display.
24. The system of claim 16, wherein the non-verbal sensor data is indicative of the user's facial expression.
19. The system of claim 17, wherein the non-verbal sensor data further comprises data indicative of the user's facial expression.
29. A non-transitory computer-readable medium storing one or more instructions, which, when executed by one or more processors of an electronic device, cause the device to perform a method comprising:
receiving, via a microphone and a first processor of a head-wearable device, an audio signal, wherein the audio signal comprises voice activity;
dividing, via the first processor, the audio signal into a plurality of audio signal segments;
receiving, via the first processor and one or more sensors of the head-wearable device, non-verbal sensor data corresponding to a user of the head-wearable device, wherein:
the one or more sensors comprise a camera, the receiving the non-verbal sensor data comprises receiving, via the camera, information associated with an environment of the user concurrently with the receiving the audio signal; the information indicates a position and an orientation of the user, and the information is determined based on one or more of Simultaneous Localization and Mapping (SLAM) and visual odometry performed via the first processor and further via visual data from the camera;
classifying, via a first classifier, audio data corresponding to the audio signal;
for each of the plurality of the audio signal segments: determining, via the first processor, one or more of an amplitude and frequency components of a respective audio signal segment;
receiving, via a second processor, the respective audio signal segment of the plurality of the audio signal segments and data associated with one or more of the amplitude and the frequency components of the respective audio signal segment;
determining, via the second processor and based on one or more of the amplitude and the frequency components of the respective audio signal segment, whether the respective audio signal segment comprises a pause in the voice activity;
responsive to determining that the respective audio signal segment comprises a pause in the voice activity, determining, based on the classifying of the audio data, whether the pause in the voice activity corresponds to an end point of the voice activity; and
responsive to determining that the pause in the voice activity corresponds to an end point of the voice activity, presenting a response to the user based on the voice activity, wherein:
determining whether the respective audio signal segment comprises the pause in the voice activity comprises:
determining, based on the information determined based on the one or more of SLAM and visual odometry, head poses of the user associated with the respective audio signal segment, and determining whether the head poses comprise a head pose change, wherein the respective audio signal segment comprises the pause in accordance with a determination that the head poses comprise the head pose change, and
determining whether the pause in the voice activity corresponds to an end point of the voice activity comprises:
determining a probability of interest based on the classifying of the audio data and based further on applying the non-verbal sensor data as input to a machine learning process, the probability determined based on relative distances between the non-verbal sensor data and its neighbors in an N-dimensional space, determining whether the probability of interest exceeds a threshold,
in accordance with a determination that the probability of interest exceeds the threshold, determining that the pause in the voice activity corresponds to an end point of the voice activity, and
in accordance with a determination that the probability of interest does not exceed the threshold, prompting the user to speak, and presenting the response to the user comprises presenting the response via a transmissive display of the head-wearable device, concurrently with presenting to the user a view of an external environment via the transmissive display.
20. A non-transitory computer-readable medium storing instructions, which, when executed by one or more processors, cause the one or more processors to perform a method comprising:
receiving, via a microphone, an audio signal, wherein the audio signal comprises voice activity;
receiving, via one or more sensors of a head-wearable device, non-verbal sensor data corresponding to a user of the head-wearable device, wherein:
the one or more sensors comprise a camera, and the receiving the non-verbal sensor data comprises receiving
information determined based on one or more of Simultaneous Localization and Mapping (SLAM) and visual odometry performed via visual data from the camera;
classifying audio data corresponding to the audio signal;
determining
whether the audio signal comprises a pause in the voice activity;
responsive to determining that the audio signal comprises the pause in the voice activity, determining, based on the classifying of the audio data and based further on the non- verbal sensor data, whether the pause in the voice activity corresponds to an end point of the voice activity; and
responsive to determining that the pause in the voice activity corresponds to the end point of the voice activity, presenting a response to the user based on the voice activity, wherein:
the determining whether the audio signal comprises the pause in the voice activity comprises:
determining, based on the information determined based on the one or more of SLAM and visual odometry, head poses of the user, and
determining whether the head poses comprise a head pose change, wherein the audio signal comprises the pause in accordance with a determination that the head poses comprise the head pose change, and
the determining whether the pause in the voice activity corresponds to the end point of the voice activity comprises:
determining a probability of interest based on the classifying of the audio data and based further on the non-verbal sensor data,
the probability determined based on relative distances between the non-verbal sensor data and its neighbors in an N-dimensional space, and
in accordance with a determination that the probability of interest exceeds a threshold, determining that the pause in the voice activity corresponds to the end point of the voice activity.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3 and 5-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 3 and 5-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are: the alternative event in which the probability of interest does not exceed the threshold. The claims provide for “in accordance with a determination that the probability of interest exceeds a threshold, determining that the pause in the voice activity corresponds to the end point of the voice activity” (Claim 1). However, the claim fails to recite how to handle processing in the event that the threshold is not exceeded. The specification, in p. 0044, provides that:
“[0044] If process 700 determines that the pause does not likely indicate the current utterance has been completed (e.g., that a determined confidence level does not meet a threshold value), process 700 at stage 732 can take various actions in response…”
The “various actions” described in the specification are not represented in the claims, such that the absence of these “various actions” amount to a gap in the claim regarding how to handle the subsequent processing of data for endpoint determination, in the alternative event of the probability of interest does not meet the threshold.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record and not relied upon includes:
Mistica (US PG Pub 20180358021) discloses that a biometric signal processor can derive contextual biometric information about the biometric signal based on stored information and received, user-provided information. The dialog system can be used to interface with a user to receive contextual data about the user's status or activities, and can be used to interact with the user to request information and provide the contextualized biometric information (Mistica; Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rodrigo A Chavez whose telephone number is (571)270-0139. The examiner can normally be reached Monday - Friday 9-6 ET.
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/RODRIGO A CHAVEZ/Examiner, Art Unit 2658
/RICHEMOND DORVIL/Supervisory Patent Examiner, Art Unit 2658
