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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`18/000,903
`
`12/06/2022
`
`SHINICHI KAWANO
`
`SYP334732US01
`
`4617
`
`CHIP LAW GROUP
`505 N. LAKE SHORE DRIVE
`SUITE 250
`CHICAGO, IL 60611
`
`WOO, STELLA L
`
`2693
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/08/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`docketing @chiplawgroup.com
`eofficeaction @appcoll.com
`sonydocket @evalueserve.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-20 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`[} Claim(s)__ is/are allowed.
`Claim(s) 1-20 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)C The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 06 December 2022 is/are: a) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)[¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.¥) Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20241031
`
`Application No.
`Applicant(s)
`18/000,903
`KAWANO et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`Stella L Woo
`2693
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)C) Responsive to communication(s) filed on
`CA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)() Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the
`
`first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 101
`
`2.
`
`35 U.S.C. 101 reads as follows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture,or
`composition of matter, or any new and useful improvementthereof, may obtaina patent
`therefor, subjectto the conditions and requirementsofthis title.
`
`3.
`
`Claim 20 is rejected under 35 U.S.C. 101 because the claimed invention is directed to
`
`non-statutory subject matter. The claim does notfall within at least one of the four categories of
`
`patent eligible subject matter because itis directed to a computer program, which doesnotfall
`
`within at least one of the four categories of patent eligible subject matter recited in 35 U.S.C.
`
`101 (i.e. process, machine, manufacture, or composition of matter).
`
`Claim Rejections - 35 USC § 112
`
`4.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall concludewith one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor ora jointinventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing outand distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`5.
`
`Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventor or ajoint inventor (or for applications subject to pre-AlA 35 U.S.C.
`
`112, the applicant), regards as the invention.
`
`In claim 8, it is not clear as what is considered to be “careful” soeech generation. What
`
`is meant by “careful” and howis “careful” soeech generation determined?
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 3
`
`Claim Rejections - 35 USC § 102
`
`6.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the
`
`statutory basis (i.e., changing from AIA to pre-AlA)for the rejection will not be considered anew
`
`ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would
`
`be the same under either status.
`
`7.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, described in a printed publication, orin public use,
`on sale, or otherwise available to the public beforethe effectivefiling date of the claimed
`invention.
`
`(a)(2) the claimed invention was described in a patentissued under section 151, orinan
`application for patent published or deemed published under section 1 22(b), in which the
`patentor application, as the case may be, namesanother inventor and waseffectively filed
`beforethe effectivefiling date of the claimed invention.
`
`8.
`
`Claim(s) 1, 10-16, 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated
`
`by Taki et al. (US 2020/0075015A1, “Taki’).
`
`The applied reference has acommon applicant and joint inventor with the instant
`
`application. Based upon the earlier effectively filed date of the reference,it constitutes prior art
`
`under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcomeby: (1)
`
`a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was
`
`obtained directly or indirectly from the inventor or a joint inventor of this application and is thus
`
`not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) ashowing under 37 CFR 1.130(b) of
`
`a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed;
`
`or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the
`
`effectivefiling date of the claimed invention, the subject matter disclosed in the reference and
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 4
`
`the claimed invention were either owned by the same person or subject to an obligation of
`
`assignment to the same person or subject to ajoint research agreement.
`
`As toclaims 1, 19, 20, Taki discloses an information processing apparatus comprising a
`
`control unit (conversation assistance device 10 includes information processing unit 30, para.
`
`0051) configuredto:
`
`determine speech generated by afirst user on the basis of sensing information ofat
`
`least one sensor apparatus sensing at least one of the first user and asecond user
`
`communicating with the first user on the basis of the speech generation of the first user (Soeech
`
`recognition unit 31 converts speech of user A sensed by soundcollection unit 21, para. 0052,
`
`0100, 0152); and
`
`control information output to the first user on the basis of aresult of the determination of
`
`the speech generation of the first user (feedback control unit 40 displays feedback for instructing
`
`the speaking user A to slow downthe speaking speed, para. 0165-0166).
`
`As to claim 10, Taki discloses: wherein the sensing information includesa first voice
`
`signal of the first user, wherein the control unit causes a display apparatus to display text
`
`acquired by performing voice recognition of the voice signalof the first user, the information
`
`processing apparatus further comprising acommunication unit configured to transmit the text to
`
`a terminal apparatus of the second user, wherein the control unit acquires information relating to
`
`an understanding status of the second user for the text from the terminal apparatus and controls
`
`information output to the first user in accordance with the understanding status of the second
`
`user (it is determined that user B hasfinished reading the displayed speechtext, para. 0041 -
`
`0042; detection resultis displayed to the speaker user A, para. 0053-0054).
`
`As to claim 11, Taki discloses: wherein the information relating to the understanding
`
`status includes information relating to whether or not the second user has completed reading
`
`the text, information relating to a text portion of the text of which reading by the second user has
`
`been completed, information relating to atext portion of the text that is currently being read by
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 5
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`the second user, or information relating to atext portion of the text that has not been read by the
`
`second user (feedback includes whether or not the user B has already read the speechtext,
`
`para. 0066).
`
`As to claim 12, Taki discloses: wherein the control unit acquires the information relating
`
`to whether or not the text has been completed to be read on the basis of a direction of a visual
`
`line of the second user (user B’s gaze has moved outside of the screen after gazing at the
`
`screen, para. 0054).
`
`As to claim 13, Taki discloses: wherein the control unit acquires the information relating
`
`to whether or the text has been completed to be read by the second user on the basis of a
`
`position of the visualline of the second user in adepth direction (para. 0055).
`
`As to claim 14, Taki discloses: wherein the control unit acquires the information relating
`
`to the text portion on the basis of a speed at which the second user reads characters (feedback
`
`includes reading speed of the user B, para. 0066).
`
`As to claim 15, Taki discloses: wherein the control unit causes the display apparatus to
`
`display information for identifying the text portion (speech text is displayed, para. 0066).
`
`As to claim 16, Taki discloses: wherein the control unit, as the information for identifying
`
`the text portion, changes acolor of the text portion, changes asize of characters of the text
`
`portion, changes a background of the text portion, decorates the text portion, moves the text
`
`portion, vibrates the text portion, vibrates a display area of the text portion, or transforms the
`
`display area of the text portion (size of the speech text may be changed, para. 0054).
`
`9.
`
`Claim(s) 1, 7, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Teshima (US 2017/0243520 A1).
`
`As toclaims 1, 19, 20, Teshima discloses an information processing apparatus
`
`(wearable device 10, Fig. 1) comprising acontrol unit (controller 30, para. 0064, 0066)
`
`configured to:
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 6
`
`determine speech generated by afirst user on the basis of sensing information ofat
`
`least one sensor apparatus sensing at least one of the first user and asecond user
`
`communicating with the first user on the basis of the soeech generation of the first user
`
`(controller 30 analyzes audio signals picked up by microphones22, and converts the speech
`
`into text, para. 0065-0066); and
`
`control information output to the first user on the basis of aresult of the determination of
`
`the speech generation of the first user (controller 30 controls the output section 28 so as to
`
`display information indicating the direction of emitted sound, an icon indicating the type of sound
`
`or the speech content, para. 0070; soeech-to-text caption of aspeaker, Fig. 6, para. 0091 -
`
`0100).
`
`As to claim 7, Teshima discloses: wherein the sensing information includes a voice
`
`signal of the first user, and wherein the control unit is configured to: cause adisplay apparatus
`
`to display text acquired by voice recognition of the voice signal of the first user; and cause the
`
`display apparatus to display information for identifying atext portion for which the determination
`
`of the speech generation in the text displayed in the display apparatus is a predetermined
`
`determination result (controller 30 controls the output section 28 so as to display information
`
`indicating the direction of emitted sound, an icon indicating the type of sound or the speech
`
`content, para. 0070; speech-to-text caption of aspeaker, Fig. 6, para. 0091-0100).
`
`Claim Rejections - 35 USC § 103
`
`10.
`
`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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the
`
`statutory basis (i.e., changing from AlA to pre-AlA)for the rejection will not be considered anew
`
`ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would
`
`be the same under either status.
`
`11.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections set forthin this Office action:
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 7
`
`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior artare suchthat the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall notbe
`negated by the manner in whichthe invention was made.
`
`12.
`
`Claim(s) 2, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teshima
`
`in view of Srivastava et al. (US 2019/0318742 Al, “Srivastava’).
`
`Teshimadiffers from claim 2 in that it does not disclose:
`
`wherein the sensing information includes afirst voice signal of the first user sensed
`
`using the sensor apparatus of afirst user side and a second voice signal of the first user sensed
`
`using the sensor apparatus of asecond user side, and
`
`wherein the control unit determines the speech generation on the basis of comparison
`
`between first text acquired by performing voice recognition of the first voice signal and second
`
`text acquired by performing voice recognition of the second voice signal.
`
`Srivastava teaches performing automatic speech recognition of speech detected during
`
`a meeting, at a plurality of client devices (102-1, 102-2, etc., Figs. 1, 4; para. 0036-0039), and
`
`determiningafinal transcript on the basis of comparison between ASR results from each client
`
`device (Figs. 5, 6A, 6B, 6C; para. 0042-0046, 0048-0052).
`
`It would have been obvious to one
`
`of ordinary skill in the art before the effectivefiling date of the claimed invention to modify
`
`Teshima with the aboveteaching of Srivastava in order to provide an accurate recognition of
`
`speech.
`
`As to claim 17, Teshimain view of Srivastava discloses: wherein the sensing information
`
`includesa voice signalof the first user, wherein the control unit is configured to cause a display
`
`apparatus to display text acquired by voice recognition of the voice signal of the first user, the
`
`information processing apparatus further comprising a communication unit configured to
`
`transmit the text to a terminal apparatus of the second user, wherein the communication unit
`
`receives atext portion of the text that is designated by the second user, and wherein the control
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 8
`
`unit causes the display apparatus to display information for identifying the text portion received
`
`by the communication unit (Srivastava: each client device can perform automatic speech
`
`recognition and sends the recognized speech to a master device, para. 0016, and/or other client
`
`devices, para. 0040-0041).
`
`13.
`
` Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teshimain
`
`view of Daredia et al. (US 2020/0403816 A1, “Daredia’).
`
`Teshimadiffers from claim 3 in that it does not disclose: wherein the sensing information
`
`includesa first voice signal of the first user sensed using the sensor apparatus of afirst user
`
`side and a second voice signal of the first user sensed using the sensor apparatus of asecond
`
`user side, and wherein the control unit determines the speech generation on the basis of
`
`comparison between asignallevel of the first voice signal and a signal level of the second voice
`
`signal.
`
`Daredia teaches capturing and converting speech signals during ameeting using a
`
`plurality of client devices (Fig. 3), and attributing speakers based on highest volumelevel (p ara.
`
`0008, 0079).
`
`It would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed invention to modify Teshima with the aboveteaching of Darediain
`
`order to provide an accurate meeting transcript.
`
`14.
`
`Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Teshimain
`
`view of Sendaiet al. (US 2017/0255447 A1, “Sendai’).
`
`Teshimadiffers from claim 4 in that it does not disclose: wherein the sensing information
`
`includes distance information between the first user and the second user, and wherein the
`
`control unit determines the speech generation on the basis of the distance information.
`
`Sendai teaches a head mounted display device which detects the distance to a person
`
`or object presentin the imaging direction of the camerafrom the user, and displays content and
`
`outputs sound based on the detected distance (Abstract, para. 0084-0090, 0128).
`
`It would have
`
`been obvious to one of ordinary skill in the art before the effective filing date of the claimed
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 9
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`invention to modify Teshima with the above teaching of Sendai in order to provide auser with
`
`an accurate senseof distance with viewedtargets.
`
`As to claim 5, Teshima in view of Sendai discloses: wherein the sensing information
`
`includes an image of at least a part of a body ofthe first user or the second user, and wherein
`
`the control unit determines the speech generation on the basis of a size of the image of the part
`
`of the body included in the image (Sendai: the distance detection unit 173 acquires the distance
`
`to the target based on the size of the target image detected by the target detection unit 171 in
`
`the captured image of the camera 61, para. 0086).
`
`As to claim 6, Teshima in view of Sendai discloses: wherein the sensing information
`
`includes an image of at least a part of a body of the first user, and wherein the control unit
`
`determines the speech generation in accordancewith alength of atime in whicha
`
`predeterminedpart of the bodyof the first user is included in the image (Sendai: voice is output
`
`according to the state of the target, such as the mouth of aperson being detected as open,
`
`para. 0127).
`
`15.
`
`Claim(s) 8-9, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Teshimain view of Taki et al. (US 2019/0147870 A1, “Taki ‘870”).
`
`Teshimadiffers from claim 8 in that it does not disclose: wherein the determination of the
`
`speech generation is determination of whether the soeech generation ofthe first user is careful
`
`speech generation for the second user, and wherein the predetermined determination result is a
`
`determination result representing that the soeech generation ofthe first useris not careful
`
`speech generation for the second user.
`
`Taki ‘870 teaches determining afactor that may causeanerror in speech recognition,
`
`such as the utterance being toofast, too slow, not being clear, too much background noise
`
`(Abstract, Fig. 11, para. 0154-0167, 0211-0231).
`
`It would have been obviousto one of ordinary
`
`skill in the art before the effectivefiling date of the claimed invention to modify Teshima with the
`
`above teaching of Taki ‘870 in order to improve communication between users.
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 10
`
`As to claim 9, Teshima in view of Taki ‘870 discloses: wherein, as the information for
`
`identifying the text portion, acolor of the text portion is changed, asize of characters of the text
`
`portion is changed, abackground ofthe text portion is changed, the text portion is decorated,
`
`the text portion is moved, the text portion is vibrated, a display area of the text portion is
`
`vibrated, or a display area of the text portion is transformed by the control unit ( Taki ‘870:
`
`portion with possible error is highlighted by color, para. 0157, Fig. 4).
`
`Asto claim 18, Teshimain view of Taki ‘870 discloses: a paralanguage information
`
`acquiring unit configured to acquire paralanguage information ofthe first user on the basis of the
`
`sensing information acquired by sensing the first user; a text decorating unit configured to
`
`decorate text acquired by performing voice recognition of a voice signalof the first user on the
`
`basis of the paralanguage information; and a communication unit configured to transmit the
`
`decorated text to a terminal apparatus of the second user (Taki ‘870: Fig. 4-8).
`
`Conclusion
`
`16.
`
`The prior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure.
`
`Reece et al. (US 2021/0264921 A1) teach determining an emotional label based ona
`
`speaker’s tone, pitch, timing, voice quality, etc.
`
`Pogorelik (US 2017/0287355 A1) teach transcribing speechto text, determining a
`
`readability score and presenting aspeechclarity indicator to gauge participants’ understanding.
`
`Didik (US 2017/0186431 A1) teach a wearable device which displays text converted
`
`speechfor ahearing impaired person.
`
`Lindberg (US 9560316 B1) teach providing display speech-to-text output as feedback
`
`which may promptthe user to speak louder or movecloser to amicrophone.
`
`17.
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to StellaL Woo whose telephone number is (571)272-7512. The examiner
`
`can normally be reached Monday- Friday, 8 a.m. to 5 p.m.
`
`

`

`Application/Control Number: 18/000,903
`Art Unit: 2693
`
`Page 11
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`
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`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Anmad Matar can be reached on 571-272-7488. The fax phone number for the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is available
`
`to registered users. Tofile and manage patent submissions in Patent Center, visit:
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`866-217-9197(toll-free). If you would like assistance froma USPTO Customer Service
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
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`/Stella L. Woo/
`Primary Examiner, Art Unit 2693
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