DETAILED ACTION
Introduction
This office action is in response to Applicant’s submission filed on May 19, 2025.
Claims 1-20 are pending in the application. As such, claims 1-20 have been examined.
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 .
Drawings
The drawings were received on May 19, 2025. These drawings have been accepted and 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.
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This is a nonstatutory double patenting rejection of all claims, 1-20.
Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of one another. Claims 1-3, 6-10, 13-17, and 20 of the instant patent application map directly to claims 1-3, 6-10, 13-17, and 20 of issued Patent No. US 12,334,065, respectively. The table, further below, provides a comparison analysis.
Claims 4, 11 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 15 of issued Patent No. US 12,334,065 in view of Deyoe et al. (US Patent No. 7024366 B1), hereinafter Deyoe.
Regarding claims 4, 11 and 18, claims 1, 8 and 15 of the issued Patent No. US 12,334,065 teaches all the elements [see table below] except “identifying a user, from a plurality of users, utilizing a remote control configured to control the device” and “determining a time period for evaluating the voice command based on the identified user.” However, Deyoe in [col 2 ln 3-19] teaches providing user specific adaptive voice feedback in a multi-level speech recognition driven system. Initially, the system detects whether a user of the system has provided a voice input. If a voice input is detected, the system then determines whether the voice input is associated with a specific user that is recognized by the system. If the user has not provided a voice input for a predetermined user specific time period, the system provides adaptive voice feedback to the user. When the system receives or detects a voice input from the user, the system determines whether the input is recognized. If the input is recognized by the system, the speech selectable task that corresponds to the input is performed. In another embodiment, when the user has failed to respond for a user specific set number of the predetermined user specific time periods, at a given level, the system is deactivated.
Deyoe is considered to be analogous to the claimed invention because it is in the same field of speech recognition. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the issued Patent No. US 12,334,065 further in view of Deyoe to allow for determining whether a voice input is associated with a specific user. Motivation to do so would allow for a user to determine which command should be spoken at a specific time (Deyoe [col 3 ln 49-62]).
Claims 5, 12 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 8 and 15 of issued Patent No. US 12,334,065 in view of Salazar et al. (US Patent No. 5774841 A), hereinafter Salazar.
Regarding claims 5, 12 and 19, claims 1, 8 and 15 of the issued Patent No. US 12,086,541 teaches all the elements [see table below] except “identifying a user, from a plurality of users, utilizing a remote control configured to control the device” and “wherein the historical information identifies calculated gain adjustments for a plurality of previous voice commands associated with the identified user.” However, Salazar in [col 4 ln 53 – col 5 ln 18] teaches a headset microphone cooperates with the speech recognition element of the ASRS by means of an input/output (I/O) board. The input from the microphone is applied to an automatic gain control (AGC) circuit as well as to an analog switch. The switch, which is under control of executive software, is switched such that the speech recognition element of the ASRS either receives raw input obtained from the microphone or gain adjusted input which has been routed through the AGC circuit. Microphone calibration may be performed before each use of the ASRS, if needed, or may be performed automatically under software control while the ASRS is operating in the real-time data acquisition mode. The microphone calibration operation tailors the response of the system to the speech of an individual user during a particular time span, including speech characteristics relating to the user's placement of the microphone. The user identifies himself, and the system begins with a predetermined set of gain ranges which were previously found suitable for that particular user, starting in the middle of the range and calibrating upward or downward. In addition, a programmable gain amplifier is employed which includes an operational amplifier (Op-amp) circuit with a feedback resistance. The feedback resistance comprises, in the illustrated embodiment, an EEPROM resistor connected between the analog voice input and the voice recognition element. Under the control of executive software, the level of gain is adjusted as required during the microphone calibration. This adjustment is based upon the status messages and/or recognition scores determined from the speech recognition element, both of which are transferred to the ASRS computer element for software-controlled analysis during the microphone calibration process.
Salazar is considered to be analogous to the claimed invention because it is in the same field of speech recognition. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the issued Patent No. US 12,334,065 further in view of Salazar to allow for a system to begin with a predetermined set of gain ranges which were previously found suitable for a particular user. Motivation to do so would allow for optimizing the signal from the headset should microphone placement vary or the speaker's voice amplitude change (Salazar [col 10 ln 23 - col 11 ln 3]).
Instant Application 19/211,894
US 12,334,065
1. A computer-implemented method, comprising: receiving, by at least one computer processor, a voice command directed to controlling a device, the voice command comprising a wake command and an action command; determining an amplitude of the wake command; determining a previous gain adjustment based on historical information identifying calculated gain adjustments for a plurality of previous voice commands; applying the previous gain adjustment to only the wake command; adjusting, by at least one computer processor, an amplitude of the action command to generate an amplitude-adjusted action command based on at least a difference in the amplitude of the wake command and the amplitude of the action command; identifying a device command for controlling the device based on the amplitude-adjusted action command; and providing the device command to the device.
1. A computer implemented method, comprising: receiving a voice command directed to controlling a device, the voice command comprising a wake command and an action command; determining an amplitude of the wake command; determining a previous gain adjustment based on historical information identifying calculated gain adjustments for a plurality of previous voice commands; applying the previous gain adjustment to only the wake command; adjusting an amplitude of the action command to generate an amplitude-adjusted action command based on the previous gain adjustment applied to the wake command and a difference in the amplitude of the wake command and the amplitude of the action command; adjusting an amplitude of the amplitude-adjusted action command to generate a second amplitude-adjusted action command based on a difference in the amplitude of the amplitude-adjusted action command and a target amplitude; identifying a device command for controlling the device based on the second amplitude-adjusted action command; and providing the device command to the device.
2. The computer-implemented method of claim 1, wherein the previous gain adjustment is a median of the calculated gain adjustments for the plurality of previous voice commands.
2. The method of claim 1, wherein the previous gain adjustment is a median of the calculated gain adjustments for the plurality of previous voice commands.
3. The computer-implemented method of claim 1, further comprising: determining that a calculated gain adjustment of the calculated gain adjustments is an anomaly, wherein the calculated gain adjustment is excluded from the historical information.
3. The method of claim 1, further comprising: determining that the calculated gain adjustment for the wake command is an anomaly, wherein the calculated gain adjustment is excluded from the historical information when processing a subsequent voice command.
4. The computer-implemented method of claim 1, further comprising: identifying a user, from a plurality of users, utilizing a remote control configured to control the device; and determining a time period for evaluating the voice command based on the identified user.
***obvious over***(see mapping to Deyou above)
5. The computer-implemented method of claim 1, further comprising: identifying a user, from a plurality of users, utilizing a remote control configured to control the device, wherein the historical information identifies calculated gain adjustments for a plurality of previous voice commands associated with the identified user.
*** obvious over ***(see mapping to Salazar above)
6. The computer-implemented method of claim 1, further comprising: detecting the wake command prior to receiving the action command, wherein the device is configured to output an audible beep upon detecting the wake command; determining that the voice command comprises a continuous stream of speech after detecting the wake command; and suppressing the audible beep based on the continuous stream of speech determination.
6. The method of claim 1, further comprising: detecting the wake command prior to receiving the action command, wherein the device is configured to output an audible beep upon detecting the wake command; determining that the voice command comprises a continuous stream of speech after detecting the wake command; suppressing the audible beep based on the continuous stream of speech determination; and detecting the wake command from the voice command.
7. The computer-implemented method of claim 1, further comprising: retrieving the historical information via a network.
7. The computer implemented method of claim 1, further comprising: retrieving the historical information via a network.
8. A system, comprising: one or more memories; at least one processor each coupled to at least one of the memories and configured to perform operations comprising: receiving a voice command directed to controlling a device, the voice command comprising a wake command and an action command; determining an amplitude of the wake command; determining a previous gain adjustment based on historical information identifying calculated gain adjustments for a plurality of previous voice commands; applying the previous gain adjustment to only the wake command; adjusting an amplitude of the action command to generate an amplitude-adjusted action command based on at least a difference in the amplitude of the wake command and the amplitude of the action command; identifying a device command for controlling the device based on the amplitude-adjusted action command; and providing the device command to the device.
8. A system, comprising: a memory; and at least one processor coupled to the memory and configured to perform operations comprising: receiving a voice command directed to controlling a device, the voice command comprising a wake command and an action command; determining an amplitude of the wake command; determining a previous gain adjustment based on historical information identifying calculated gain adjustments for a plurality of previous voice commands; applying the previous gain adjustment to only the wake command; adjusting an amplitude of the action command to generate an amplitude-adjusted action command based on the previous gain adjustment applied to the wake command and a difference in the amplitude of the wake command and the amplitude of the action command; adjusting an amplitude of the amplitude-adjusted action command to generate a second amplitude-adjusted action command based on a difference in the amplitude of the amplitude-adjusted action command and a target amplitude; identifying a device command for controlling the device based on the second amplitude-adjusted action command; and providing the device command to the device.
9. The system of claim 8, wherein the previous gain adjustment is a median of the calculated gain adjustments for the plurality of previous voice commands.
9. The system of claim 8, wherein the previous gain adjustment is a median of the calculated gain adjustments for the plurality of previous voice commands.
10. The system of claim 8, the operations further comprising: determining that a calculated gain adjustment of the calculated gain adjustments is an anomaly, wherein the calculated gain adjustment is excluded from the historical information.
10. The system of claim 8, wherein the operations further comprise: determining that the calculated gain adjustment for the voice command is an anomaly, wherein the calculated gain adjustment for the wake command is excluded from the historical information when processing a subsequent voice command.
11. The system of claim 8, the operations further comprising: identifying a user, from a plurality of users, utilizing a remote control configured to control the device; and determining a time period for evaluating the voice command based on the identified user.
***obvious over***(see mapping to Deyou above)
12. The system of claim 8, the operations further comprising: identifying a user, from a plurality of users, utilizing a remote control configured to control the device, wherein the historical information identifies calculated gain adjustments for a plurality of previous voice commands associated with the identified user.
*** obvious over ***(see mapping to Salazar above)
13. The system of claim 8, the operations further comprising: detecting the wake command prior to receiving the action command, wherein the device is configured to output an audible beep upon detecting the wake command; determining that the voice command comprises a continuous stream of speech after detecting the wake command; and suppressing the audible beep based on the continuous stream of speech determination.
13. The system of claim 8, wherein the operations further comprise: detecting the wake command prior to receiving the action command, wherein the device is configured to output an audible beep upon detecting the wake command; determining that the voice command comprises a continuous stream of speech after detecting the wake command; suppressing the audible beep based on the continuous stream of speech determination; and detecting the wake command from the voice command.
14. The system of claim 8, the operations further comprising: retrieving the historical information via a network.
14. The system of claim 9, wherein the operations further comprise: retrieving the historical information via a network.
15. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device, cause the at least one computing device to perform operations comprising: receiving a voice command directed to controlling a device, the voice command comprising a wake command and an action command; determining an amplitude of the wake command; determining a previous gain adjustment based on historical information identifying calculated gain adjustments for a plurality of previous voice commands; applying the previous gain adjustment to only the wake command; adjusting an amplitude of the action command to generate an amplitude-adjusted action command based on at least a difference in the amplitude of the wake command and the amplitude of the action command; identifying a device command for controlling the device based on the amplitude-adjusted action command; and providing the device command to the device.
15. A non-transitory computer-readable medium having instructions stored thereon that, when executed by at least one computing device, cause the at least one computing device to perform operations comprising: receiving a voice command directed to controlling a device, the voice command comprising a wake command and an action command; determining an amplitude of the wake command; determining a previous gain adjustment based on historical information identifying calculated gain adjustments for a plurality of previous voice commands; applying the previous gain adjustment to only the wake command; adjusting an amplitude of the action command to generate an amplitude-adjusted action command based on the previous gain adjustment applied to the wake command and a difference in the amplitude of the wake command and the amplitude of the action command; adjusting an amplitude of the amplitude-adjusted action command to generate a second amplitude-adjusted action command based on a difference in the amplitude of the amplitude-adjusted action command and a target amplitude; identifying a device command for controlling the device based on the second amplitude-adjusted action command; and providing the device command to the device.
16. The non-transitory computer-readable medium of claim 15, wherein the previous gain adjustment is a median of the calculated gain adjustments for the plurality of previous voice commands.
16. The non-transitory computer-readable medium of claim 15, wherein the previous gain adjustment is a median of the calculated gain adjustments for the plurality of previous voice commands.
17. The non-transitory computer-readable medium of claim 15, the operations further comprising: determining that a calculated gain adjustment of the calculated gain adjustments is an anomaly, wherein the calculated gain adjustment is excluded from the historical information.
17. The non-transitory computer-readable medium of claim 15, wherein the operations further comprise: determining that the calculated gain adjustment for the wake command is an anomaly, wherein the calculated gain adjustment is excluded from the historical information when processing a subsequent voice command.
18. The non-transitory computer-readable medium of claim 15, the operations further comprising: identifying a user, from a plurality of users, utilizing a remote control configured to control the device; and determining a time period for evaluating the voice command based on the identified user.
***obvious over***(see mapping to Deyou above)
19. The non-transitory computer-readable medium of claim 15, the operations further comprising: identifying a user, from a plurality of users, utilizing a remote control configured to control the device, wherein the historical information identifies calculated gain adjustments for a plurality of previous voice commands associated with the identified user.
*** obvious over ***(see mapping to Salazar above)
20. The non-transitory computer-readable medium of claim 15, the operations further comprising: detecting the wake command prior to receiving the action command, wherein the device is configured to output an audible beep upon detecting the wake command; determining that the voice command comprises a continuous stream of speech after detecting the wake command; and suppressing the audible beep based on the continuous stream of speech determination.
20. The non-transitory computer-readable medium of claim 15, wherein the operations further comprise: detecting the wake command prior to receiving the action command, wherein the device is configured to output an audible beep upon detecting the wake command; determining that the voice command comprises a continuous stream of speech after detecting the wake command; suppressing the audible beep based on the continuous stream of speech determination; and detecting the wake command from the voice command.
Conclusion
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PAUL MUELLER
Examiner
Art Unit 2657
/PAUL J. MUELLER/Examiner, Art Unit 2657
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