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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
Claims 1-16 are pending.
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).
Claims 1-4, 7, 11, 15 and 16 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 3-4, 6-7 and 10 of conflicting Patent No. 12,408,894 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because claim 1 of the pending application is generic to all that is recited in claim 1 of the conflicting Patent No. 8,813,144 B2. That is, claim 1 of the pending application is anticipated by claim 1 of the conflicting application. Also the corresponding dependent claims are identically the same. Look below for example.
Table 1 illustrates the conflicting claim pairs:
Conflicting Patent No. 12,408,894 B2
1 & 7
1 and 6
4
4
10
Pending Application 19/279702
1
2
3
4
5
6
7
8
9
10
Conflicting Patent No. 12,408,894 B2
3
1
1
Pending Application 19/279702
11
12
13
14
15
16
Table 2 illustrates a mapping between the limitations claim 1 of the pending application and claim 1 of the conflicting Patent No. 12,408,894 B2. Claim 1 of pending application and claim 15 and 16 (electronic device and method) in the conflicting Patent No. 12,408,894 B2, respectively, are analyzed similarly. Additionally, the dependent claims are analyzed similarly.
Conflicting Patent No. 12,408,894 B2
Claims 1 and 7 of Conflicting Application
Serial Number (19/279702)
Claim 1 of Pending Application
1. A non-transitory computer-readable storage medium storing one or more programs, the one or more programs comprising instructions, which when executed by one or more processors of an electronic device having a display, cause the electronic device to:
while displaying, on the display, a video event: receive, by a digital assistant operating on the electronic device, a first natural language speech input corresponding to a first participant of the video event;
detecting a user gesture input; in accordance with receiving the first natural language speech input, identify, by the digital assistant, based on context information associated with the video event, a first location of the first participant, including:
in accordance with a determination that the first natural language speech input refers to the first participant in the present tense, identifying the first location of the first participant as a location corresponding to the user gesture input when a portion of the first natural language speech input is received; and
in accordance with identifying the first location of the first participant, augment, by the digital assistant, the display of the video event with a first graphical overlay displayed at a first display location corresponding to the first location of the first participant.
7. The non-transitory computer-readable storage medium of claim 4, wherein the one or more programs further comprise instructions, which when executed by the one or more processors, cause the electronic device to: detect user gaze data, wherein the context information includes the detected user gaze data, and wherein identifying the first location of the first participant includes: determining, based on the user gaze data, that a user gaze is directed to the first location of the first participant; and analyzing the display of the video event at the first location of the first participant using the context information associated with the video event to identify the first participant.
1. A non-transitory computer-readable storage medium storing one or more programs, the one or more programs comprising instructions, which when executed by one or more processors of an electronic device having a display, cause the electronic device to:
display, via the display, a video event; and while displaying, via the display, the video event:
receive a first natural language input that corresponds to a first participant of the video event; while receiving the first natural language input that corresponds to the first participant of the video event, detect that a gaze of a user is directed to a first location; and
in response to receiving the first natural language input that corresponds to the first participant of the video event, and in accordance with a determination that the first natural language input refers to the first participant in the present tense: identify a first respective location of the first participant based on the first location; and
augment, via the display, the video event with a first graphical overlay that is displayed at a second location that corresponds to the first respective location of the first participant.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of Eledath (U.S. Pub. No. 20160378861 A1) discloses “dynamic reasoning” capabilities enable the system to discover relationships between different pieces of content and create links or connections based on those discovered relationships. For instance, the system might determine that a current real world scene includes a person with dark hair getting into a red car. The system may use facial recognition to identify the person, optical character recognition technology to read the car's license plate, conduct a database search to determine whether the car is registered to that person, and generate a scene augmentation that displays the person's name and an indication of whether that person is the owner of the car. In this case, the system creates a link between the image of the person and the person's name, and also creates a link between the person and the car. These links can be presented visually to the user via augmented reality techniques. In a continuation of the above example, the system might be able to detect (e.g., in a later frame of a video) the driver of the red car and may be able to determine the identity of the driver through facial recognition or image matching techniques. Once the system identifies the driver and the person getting into the car, the system may then create a link that associates the person getting into the car with the driver. Such links or connections can be implemented, for instance, by the configuration of the data structures in which information about the real world scene is stored by the computer system. The dynamic reasoning capabilities of the system can be powerful in that they can uncover relationships between different visual elements, and discover relationships between visual elements and stored knowledge, which were previously unknown to either the user or the system.
The prior art of Quinn (U.S. Pub. No. 20190371327 A1) discloses a request acquisition module receiving an audibly spoken question including a noun-phrase and a video stream, said request acquisition module converting said audibly spoken question to text and capturing a image data of a still frame of said video stream associated with a point in time of said video stream when said audibly spoken question is received; a noun-phrase extraction module receiving said text and extracting therefrom said noun-phrase; a target selection module identifying target data in said image data, said target data corresponding to said extracted noun-phrase; a subject identification module generating a textual description of the identity of a target represented in said target data; and a response module generating a script comprising said noun-phrase and said textual description of said identity.
The prior art of Barut (U.S. Patent No. 12,045,288 B1) discloses machine learning based systems and techniques that may be used to select objects in image data based on natural language inputs. For example, a user watching a movie may say “Computer, where can I buy that red handbag?” In response, image data representing one or more frames of image data of the movie that were displayed at the time the user's question was received may be sent as an input to one or more of the systems described herein. Additionally, natural language data representing the user's query (“Computer, where can I buy that red handbag?”) may be sent as an input to one or more of the systems described herein. The one or more systems may be effective to determine the appropriate object/objects represented in the frames of image data referred to by the user's query. In the current example, the system may determine, based on the entity data “red handbag” in the natural language input and based on the portion of the image data representing the red handbag that the user's query refers to the red handbag depicted in the image data.
Claims 1-16 have been rejected.
Correspondence Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYU CHAE whose telephone number is (571)270-5696. The examiner can normally be reached on 8:00am -4:30pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NASSER MOAZZAMI can be reached on 571-272-4195. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KYU CHAE/
Primary Examiner, Art Unit 2426
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