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 .
Response to Amendment
Receipt is acknowledged of applicant’s amendment filed April 1, 2026. Claims 1-20 are pending and an action on the merits is as follows.
Applicant's arguments with respect to claims have been considered but are moot in view of the new ground(s) of rejection.
Specification
The amended title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 9,666,173 B2) in view of Hermanson (US 11,699,421 B2).
Claims 1, 10 and 18: Lee et al. discloses a reproduction control method executed by a computer, a reproduction control system comprising: an electronic controller including at least one processor and configured to execute a plurality of modules, and a non-transitory computer readable medium storing a program that causes a computer to execute a process comprising detecting by a state detection module, a first state (203) in which an object (finger) is separated from an operation surface (touch panel 161) by a prescribed distance (certain point) and a second state (205) in which the object is in contact with the operation surface (column 10 lines 12-23). Audio information is outputted and a feature amount of sound is controlled to be changed (adjusted) according to detection of different states (column 6 line 52 through column 7 line 5). During an initial state (201) before the first state is detected, the object is not detected and therefore no audio information is outputted, the audio information is outputted by a reproduction control module at a first time point at which the first state is detected and the audio information is continued to be outputted from the first time point to a third time point which is subsequent to a second time point at which the second state is detected such that a feature amount of sound would be controlled to be changed during a first time period from the first time point to the second time point
based on detected change amounts of states (column 10 lines 4-35). This
reference fails to disclose the outputted audio information to be outputted sound.
However Hermanson teaches a reproduction control method executed by a computer, a reproduction control system comprising: an electronic controller including at least one processor and configured to execute a plurality of modules, and a non-transitory computer readable medium storing a program that causes a computer to execute a process, where a first state is detected in which an object is separated from a sensor housed in an operation surface (housing 102) by a prescribed distance (1-2 meters), a second state is detected in which the object is in contact with the operation surface, and a sound (audio output 110) is outputted via speaker (106) at a first time point at which the first state is detected and the sound is continued to be outputted while controlling a change in a feature amount of the sound during a first time period from the first time point to the second time point (column 3 lines 6-22).
Given the teachings of Hermanson, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the reproduction control method, system and non-transitory computer readable medium disclosed in Lee et al., with providing the outputted audio information to be outputted sound via a speaker. Doing so would allow a pitch or volume of the outputted sound to vary based on a distance between the object and the operation surface, as taught in Hermanson (column 3 lines 20-24) for added expression of the outputted sound.
Claims 2, 11 and 19: Lee et al. modified by Hermanson discloses a reproduction control method, system and non-transitory computer readable medium where a feature amount of sound is controlled to be changed during the first time period, as stated above. The first state and second state are disclosed in Lee et al. to be distinctly defined from each other (column 10 lines 12-23). Therefore when change amounts of states is detected (column 10 lines 24-35), the feature amount of sound would change until it reaches a target value associated with the changed state, as is recognized in the art.
Claims 3, 12 and 20: Lee et al. modified by Hermanson discloses a reproduction control method, system and non-transitory computer readable medium where a feature amount of sound is controlled to be changed based on detected change amounts of states, as stated above. The object can remain in contact with the operation surface after the second time period, and remain in contact with the operation surface during a second time period from the second time point to the third time point. The feature amount of sound at the target value then would be maintained during the second time period since the second state does not change, as is recognized in the art.
Claims 4 and 13: Lee et al. modified by Hermanson discloses a reproduction control method and system as stated above, where the controlling is disclosed in Lee et al. to include changing the feature amount of the sound in accordance with a parameter related to a position of the object (column 6 lines 57-65) during the first time period (column 10 lines 24-35).
Claims 5 and 14: Lee et al. modified by Hermanson discloses a reproduction control method and system as stated above, where the parameter is disclosed in Lee et al. to be a speed with which the object moves (column 6 lines 57-64).
Claims 6 and 15: Lee et al. modified by Hermanson discloses a reproduction control method and system as stated above, where the parameter is disclosed in Lee et
al. to be a distance of the object (column 6 lines 57-64) from the operation
surface (column 10 lines 4-23).
Claims 7 and 16: Lee et al. modified by Hermanson discloses a reproduction control method and system where the feature amount is changed based on detected change amounts of states, as stated above. The parameter then includes a direction of movement of the object toward or away from the operation surface as shown in Lee et al. (column 10 lines 4-35).
Claims 8 and 17: Lee et al. modified by Hermanson discloses a reproduction control method and system as stated above, where the feature amount of the sound is disclosed in Lee et al. to be a pitch (tone) of the sound (column 6 lines 57-63).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 9,666,173 B2) in view of Kim et al. (US 201180136479 A).
Claim 9: Lee et al. discloses a reproduction control method executed by a computer comprising: outputting sound (processed sound data) in a state in which an object (input tool) is in contact (touch input) with an operation surface (touch panel 161) (column 10 lines 19-23, column 12 lines 8-12), and changing a feature amount of the sound with a speed that corresponds to a movement speed with which the object is moving in a process of the object separating from the operation surface (column 6 line 65 through column 7 line 5). This reference fails to disclose the outputted sound to be stopped in response to a predetermined time period being elapsed from a state in which the object, which has been in contact with the operation surface, separates from the operation surface.
However Kim et al. teaches a reproduction control method executed by a computer, where an outputted sound is reverted back to an original condition gradually in response to a predetermined time period (predetermined time duration) being elapsed from a state in which the object moves with respect to an operation surface (page 10 paragraph [0204]).
Given the teachings of Kim et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the reproduction control method disclosed in Lee et al. with providing the outputted sound to gradually be reverted back to an original condition, i.e., stopped, in response to a predetermined time period being elapsed from a state in which the object, which has been in contact with the operation surface, separates from the operation surface. Doing so would allow effects such as a fade out to be implemented with the outputted sound.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER UHLIR whose telephone number is (571)270-3091. The examiner can normally be reached M-F 8:30-4.
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/Christopher Uhlir/Primary Examiner, Art Unit 3619 June 13, 2026
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