DETAILED ACTION
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 Arguments
Applicant’s arguments with respect to claims 1-8, 10-14 and 16-20 have been considered but are moot because the new ground of rejection does not rely on the combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-8, 10-14 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gouin (US 2022/0201414 A1) in view of Fink (US 5,652,544) and Pye, Jr. et al. (US 2017/0251314 A1), hereinafter “Pye,” as evidenced by Veprek (US 2002/0128838 A1) for further support.
As to claim 1, Gouin discloses a computing device for public address system commissioning (¶0032), comprising:
a memory (¶0067); and
a processor configured to execute executable instructions stored in the memory (¶0067) to:
communicate an audio file to a controller of a public address system of a facility, wherein the audio file is configured to be played by a speaker of the public address system (¶0032, ¶0042 and ¶0045, Fig. 1. “The principles of the invention may be applied equally well to other emergency notification systems, including but not limited to: evacuation, security, building management and public address systems.” “In step 116, one of plural audio output devices is selected. The selected test signal is then audibly broadcast from the selected audio output device (step 120).” “A separate controller/analyzer unit in communication with the control panel may perform some or all of the steps in FIG. 1. The control panel or the controller may control and communicate with each audio output device via wired and/or wireless connections.”);
create a recording of the played audio file using a microphone (¶0043, ¶0045 and ¶0048, Figs. 1 and 4c. “For each microphone (box 122), the broadcast test signal is detected.” “The control panel or the controller… may similarly receive audio signals from the microphones over wired and/or wireless connections.” “Each microphone M1-M9 may pick up the audible test signal (step 124) and the control panel or analyzer may receive the detected signals from each microphone.”);
receive the microphone-created recording of the played audio file (¶0043, ¶0045 and ¶0048, Figs. 1 and 4c. “For each microphone (box 122), the broadcast test signal is detected.” “The control panel or the controller… may similarly receive audio signals from the microphones over wired and/or wireless connections.” “Each microphone M1-M9 may pick up the audible test signal (step 124) and the control panel or analyzer may receive the detected signals from each microphone.”);
determine values of a plurality of audio parameters associated with the microphone-created recording of the played audio file, wherein the plurality of audio parameters include a volume of the recording, a pitch of the recording and a filter cutoff frequency of the recording (¶0032, ¶0051 and ¶0058-0060. “By measuring parameters such as the reverberation time which affects the intelligibility of voice signal.” Parameters measured. Veprek (¶0025) further provides examples of additional voice signal parameters, disclosing, “Parameters affecting voice characteristics 80 include, but are not limited to, speech rate, pitch (fundamental frequency), volume, parametric equalization, formants (format frequencies and bandwidths), glottal source, tilt of the speech power spectrum, gender, age and identity.”);
compare the values of the plurality of audio parameters associated with the microphone-created recording of the played audio file to target values of the plurality of audio parameters (¶0032, ¶0051 and ¶0058-0060, Figs. 1-2. “SPL measurements are taken for each microphone location. If the required SPL (in this example, 96 dBA) is not met at any one or more of the locations, as determined at step 220, one or more speakers will have to be adjusted upward, i.e., made louder (step 225).”);
modify audio settings on the controller of the public address system based on the comparison, wherein modifying the audio settings includes modifying a volume setting on the controller (¶0058-0060, Fig. 2. “SPL measurements are taken for each microphone location. If the required SPL (in this example, 96 dBA) is not met at any one or more of the locations, as determined at step 220, one or more speakers will have to be adjusted upward, i.e., made louder (step 225).”); and
store the modified audio settings (¶0067, Fig. 8. “Though control panels are not shown, they are typically remote from the monitored space. For example, a single control panel may be located in a building lobby though it monitors an entire building, and multiple control panels may be networked throughout a large building, campus, airport, etc. Control panels microcontrollers and memory for storing programs for the microprocessors and for storing other information, such as the information illustrated in the table of FIG. 8.”).
Gouin as evidenced by Veprek does not expressly disclose the plurality of audio parameters include a frequency of the recording and a bandwidth of the recording; and
wherein modifying the audio settings includes modifying a frequency setting on the controller, a bandwidth setting on the controller, a pitch setting on the controller, and a filter cutoff frequency setting on the controller.
Fink discloses the plurality of audio parameters include a frequency of the recording and a bandwidth of the recording; and wherein modifying the audio settings includes modifying a frequency setting on the controller, a bandwidth setting on the controller, a pitch setting on the controller, and a filter cutoff frequency setting on the controller (Fink, Col. 1 lines 30-36. “The various elements of the signal processing circuit define a plurality of sound processing parameters such as a frequency and an amplitude of a cross-over function, relative levels and routing in a mixer, response times, ratios and thresholds in a compressor and frequency, gain and bandwidth in an equalizer.” Frequency and bandwidth parameters, frequency of cross-over (i.e. cutoff frequency). Additionally, pitch is a well-known audio parameter and pitch shifting with an equalizer is well-known, routine and conventional in the art.).
Gouin and Fink are analogous art because they are from the same field of endeavor with respect to public address systems.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use frequency and bandwidth parameters, as taught by Fink. The motivation would have been that they are well known audio parameters to monitor/modify (see ¶09 of instant specification, “Audio parameters are known to those of skill in the art and can refer, for example, to volume, frequency, bandwidth, pitch, filter cutoff frequency, etc.”).
Gouin in view of Fink as evidenced by Veprek does not expressly disclose storing the modified audio settings at a cloud server accessible to the controller via a network relationship.
Pye discloses storing the modified audio settings at a cloud server accessible to the controller via a network relationship (Pye, ¶0037. “the database 150 may maintain a look-up table for the speakers 105 within the network. The table may include a speaker status, as well as an audio content identifier indicating the content being played on the speaker. Other speaker attributes may also be included in the table, such as equalization parameters, volume settings, speaker names, icons, groupings, user-preferred behavior, etc.” “Furthermore, the database 150 may be located in another device, such as the mobile device 125 (e.g., user's phone, tablet or PC) or another electronic device on the network. The database 150 may also be maintained in cloud storage.”).
Gouin, Fink and Pye are analogous art because they are from the same field of endeavor with respect to audio outputting systems.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use cloud storage, as taught by Pye. The motivation would have been applying a known technique (storing settings in the could) to a known device (public address speaker system) to yield predictable results (settings stored and accessible). Storing data in a cloud server instead of on site is further well-known, routine and conventional in the art.
As to claim 2, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the audio file is created via a different microphone in the facility (Gouin, ¶0061-0062. “The test for a voice alert may comprise a brief vocal utterance.” “An audio output device may be able to deliver various types of alerts, such as a synthesized bell, a siren, a voiced announcement, background music, etc.”).
As to claim 3, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the microphone is associated with the speaker (Gouin, ¶0043 and ¶0046. “For each microphone (box 122), the broadcast test signal is detected.” “Some of the microphones (M1 through M5) are paired with the speakers and may reside in the same notification device.”).
As to claim 4, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the microphone is associated with a different speaker of the public address system (Gouin, ¶0043, ¶0046 and ¶0048. “Some of the microphones (M1 through M5) are paired with the speakers and may reside in the same notification device. On the hand, some or all of the microphones may be permanently or temporarily placed at locations where measurements are desired.” “Each microphone M1-M9 may pick up the audible test signal (step 124).”).
As to claim 5, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the instructions to modify the audio settings on the controller based on the comparison include instructions to modify the audio settings without any user input (Gouin, ¶0040. “The system may have individual control of each speaker, the goal being to maximize the intelligibility of any vocal announcement or other aural signals by tuning out the most offensive speakers in favor of those better suited.”).
As to claim 6, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the instructions to modify the audio settings on the controller based on the comparison include instructions to modify the audio settings responsive to a user input (Gouin, ¶0041 and ¶0045. “Alternatively, the system may provide a report that installers can follow. Such a report might state, for example, “speaker 4, 7 and 8: adjust down to 1/2W tap and retest”. An installer may then climb a ladder to access the speaker, change the setting and restart the test.” “Some or all of the steps in FIG. 1 may be performed from a control panel such as a fire alarm control panel.” “Alternatively, a separate controller/analyzer unit in communication with the control panel may perform some or all of the steps in FIG. 1. The control panel or the controller may control and communicate with each audio output device via wired and/or wireless connections.”).
As to claim 7, Gouin in view of Fink and Pye as evidenced by Veprek does not expressly disclose wherein the user input is made using a mobile device.
However, Gouin (¶0045) does disclose “Some or all of the steps in FIG. 1 may be performed from a control panel such as a fire alarm control panel. Alternatively, a separate controller/analyzer unit in communication with the control panel may perform some or all of the steps in FIG. 1. The control panel or the controller may control and communicate with each audio output device via wired and/or wireless connections.”
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to use a mobile device as the separate control device to remotely control the system. The motivation would have been applying a known technique to a known device to yield predictable results (controlling system settings wirelessly from a mobile device.).
As to claim 8, Gouin in view of Fink and Pye as evidenced by Veprek discloses instructions to generate a report (Gouin, ¶0041 and Figs. 4H, 6 and 8. “Alternatively, the system may provide a report that installers can follow. Such a report might state, for example, “speaker 4, 7 and 8: adjust down to 1/2W tap and retest”. An installer may then climb a ladder to access the speaker, change the setting and restart the test.”).
Gouin does not expressly disclose the report includes the values of the plurality of audio parameters associated with the recording.
However, one of ordinary skill in the art would have found it obvious that the audio parameters could be included in the report. The motivation would have been to provide the installer with all the information. Figs. 4H, 6 and 8 already show the audio parameters in a table. Outputting the data to the installer would have been trivial.
As to claim 10, Gouin in view of Fink and Pye as evidenced by Veprek discloses receive a plurality of recordings of the played audio file created by a plurality of microphones associated with a plurality of speakers distributed in the facility (Gouin, ¶0043, ¶0045 and ¶0048, Figs. 1 and 4c. “For each microphone (box 122), the broadcast test signal is detected.” “The control panel or the controller… may similarly receive audio signals from the microphones over wired and/or wireless connections.” “Each microphone M1-M9 may pick up the audible test signal (step 124) and the control panel or analyzer may receive the detected signals from each microphone.”);
compare values of the plurality of audio parameters associated with the recordings to target values of the plurality of audio parameters (Gouin, ¶0051 and ¶0058-0060, Figs. 1-2. “SPL measurements are taken for each microphone location. If the required SPL (in this example, 96 dBA) is not met at any one or more of the locations, as determined at step 220, one or more speakers will have to be adjusted upward, i.e., made louder (step 225).”); and
modify the audio settings on the controller of the public address system based on the comparisons (Gouin, ¶0058-0060, Fig. 2. “SPL measurements are taken for each microphone location. If the required SPL (in this example, 96 dBA) is not met at any one or more of the locations, as determined at step 220, one or more speakers will have to be adjusted upward, i.e., made louder (step 225).”).
As to claim 11, it is directed towards substantially the same subject matter as claim 1 and is therefore rejected using the same rationale as claim 1 above.
As to claim 12, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the microphone is associated with one of: the speaker a different speaker of the public address system (Gouin, ¶0043 and ¶0046. “For each microphone (box 122), the broadcast test signal is detected.” “Some of the microphones (M1 through M5) are paired with the speakers and may reside in the same notification device.”).
As to claim 13, Gouin discloses a system, comprising:
a computing device (¶0045. “Some or all of the steps in FIG. 1 may be performed from a control panel such as a fire alarm control panel. Alternatively, a separate controller/analyzer unit in communication with the control panel may perform some or all of the steps in FIG. 1.”);
a public address system (¶0032. “public address systems.”), comprising:
a controller (¶0045. “Some or all of the steps in FIG. 1 may be performed from a control panel such as a fire alarm control panel. Alternatively, a separate controller/analyzer unit in communication with the control panel may perform some or all of the steps in FIG. 1.”);
a speaker (¶0046, Fig. 4A. “audio output devices (S1 through S5).”); and
a microphone (¶0046, Fig. 4A. “microphones (M1 through M9).”);
wherein: the controller is configured to cause the speaker to play audio (¶0042. “The selected test signal is then audibly broadcast from the selected audio output device (step 120).”);
the microphone is configured to convert the played audio to an electrical signal (¶0048. “Each microphone M1-M9 may pick up the audible test signal (step 124) and the control panel or analyzer may receive the detected signals from each microphone.”);
the computing device is configured to:
receive the electrical signal converted by the microphone (¶0043, ¶0045 and ¶0048, Figs. 1 and 4c. “For each microphone (box 122), the broadcast test signal is detected.” “The control panel or the controller… may similarly receive audio signals from the microphones over wired and/or wireless connections.” “Each microphone M1-M9 may pick up the audible test signal (step 124) and the control panel or analyzer may receive the detected signals from each microphone.”);
determine values of a plurality of audio parameters associated with the audio based on the electrical signal, wherein the plurality of audio parameters include a volume associated with the audio, a pitch associated with the audio and a filter cutoff frequency associated with the audio (¶0032, ¶0051 and ¶0058-0060. “By measuring parameters such as the reverberation time which affects the intelligibility of voice signal.” Parameters measured. Veprek (¶0025) further provides examples of additional voice signal parameters, disclosing, “Parameters affecting voice characteristics 80 include, but are not limited to, speech rate, pitch (fundamental frequency), volume, parametric equalization, formants (format frequencies and bandwidths), glottal source, tilt of the speech power spectrum, gender, age and identity.”);
compare the values to target values of the plurality of audio parameters (¶0032, ¶0051 and ¶0058-0060, Figs. 1-2. “SPL measurements are taken for each microphone location. If the required SPL (in this example, 96 dBA) is not met at any one or more of the locations, as determined at step 220, one or more speakers will have to be adjusted upward, i.e., made louder (step 225).”);
automatically adjust audio settings of the controller based on the comparison (¶0040. “The system may have individual control of each speaker, the goal being to maximize the intelligibility of any vocal announcement or other aural signals by tuning out the most offensive speakers in favor of those better suited.”),
wherein adjusting the audio settings includes adjusting a volume setting on the controller (¶0058-0060, Fig. 2. “SPL measurements are taken for each microphone location. If the required SPL (in this example, 96 dBA) is not met at any one or more of the locations, as determined at step 220, one or more speakers will have to be adjusted upward, i.e., made louder (step 225).”); and
store the adjusted audio settings (¶0067, Fig. 8. “Though control panels are not shown, they are typically remote from the monitored space. For example, a single control panel may be located in a building lobby though it monitors an entire building, and multiple control panels may be networked throughout a large building, campus, airport, etc. Control panels microcontrollers and memory for storing programs for the microprocessors and for storing other information, such as the information illustrated in the table of FIG. 8.”).
Gouin does not expressly disclose an amplifier.
However, using an amplifier to amplify signals for a speaker is well-known, routine and conventional and would have been obvious to one of ordinary skill in the art. Using an amplifier to adjust the dB level if also implicit. Further, the claim does not address what the purpose of the amplifier actually is, just that there is an amplifier.
Gouin does not expressly disclose wherein the plurality of audio parameters include a frequency of the recording and a bandwidth of the recording; and wherein modifying the audio settings includes modifying a frequency setting on the controller, a bandwidth setting on the controller, a pitch setting on the controller, and a filter cutoff frequency setting on the controller.
Fink discloses wherein the plurality of audio parameters include a frequency associated with the audio and a bandwidth associated with the audio; and wherein adjusting the audio settings includes adjusting a frequency setting on the controller, a bandwidth setting on the controller, a pitch setting on the controller, and a filter cutoff frequency setting on the controller. (Fink, Col. 1 lines 30-36. “The various elements of the signal processing circuit define a plurality of sound processing parameters such as a frequency and an amplitude of a cross-over function, relative levels and routing in a mixer, response times, ratios and thresholds in a compressor and frequency, gain and bandwidth in an equalizer.” Frequency and bandwidth parameters, frequency of cross-over (i.e. cutoff frequency). Additionally, pitch is a well-known audio parameter and pitch shifting with an equalizer is well-known, routine and conventional in the art.).
The motivation is the same as claim 1 above.
Gouin in view of Fink as evidenced by Veprek does not expressly disclose storing the modified audio settings at a cloud server accessible to the controller via a network relationship.
Pye discloses storing the modified audio settings at a cloud server accessible to the controller via a network relationship (Pye, ¶0037. “the database 150 may maintain a look-up table for the speakers 105 within the network. The table may include a speaker status, as well as an audio content identifier indicating the content being played on the speaker. Other speaker attributes may also be included in the table, such as equalization parameters, volume settings, speaker names, icons, groupings, user-preferred behavior, etc.” “Furthermore, the database 150 may be located in another device, such as the mobile device 125 (e.g., user's phone, tablet or PC) or another electronic device on the network. The database 150 may also be maintained in cloud storage.”).
The motivation is the same as claim 1 above.
As to claim 14, Gouin in view of Fink and Pye as evidenced by Veprek does not expressly disclose wherein the computing device is configured to display the values of the plurality of audio parameters.
However, Gouin (¶0041 and ¶0045) does discloses outputting a report to an installer and a control panel such as a fire alarm control panel. Control panels generally have displays.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to display the parameters. The motivation would have been applying a known technique (displaying information) to a known device (security system) to yield predictable results (conveying the information to a user).
As to claim 16, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the computing device is configured to output a recommendation associated with adjusting the audio settings on the controller based on the comparison (Gouin, ¶0041 and ¶0045. “Alternatively, the system may provide a report that installers can follow. Such a report might state, for example, “speaker 4, 7 and 8: adjust down to 1/2W tap and retest.” “Some or all of the steps in FIG. 1 may be performed from a control panel such as a fire alarm control panel. Alternatively, a separate controller/analyzer unit in communication with the control panel may perform some or all of the steps in FIG. 1.” Control panels generally have displays.).
Gouin does not expressly disclose displaying the recommendation.
However, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to display the recommendation. The motivation would have been applying a known technique (displaying a recommendation/report) to a known device (security system) to yield predictable results (conveying the information to a user).
As to claim 17, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the microphone and the speaker are contained within a single housing (Gouin, ¶0046. “Some of the microphones (M1 through M5) are paired with the speakers and may reside in the same notification device.”).
As to claim 18, Gouin in view of Fink and Pye as evidenced by Veprek discloses another microphone and another speaker contained within a single housing (Gouin, ¶0046. “Some of the microphones (M1 through M5) are paired with the speakers and may reside in the same notification device.”).
As to claim 19, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the other microphone is configured to convert the played audio to another electrical signal (Gouin, ¶0048. “Each microphone M1-M9 may pick up the audible test signal (step 124) and the control panel or analyzer may receive the detected signals from each microphone.”).
As to claim 20, Gouin in view of Fink and Pye as evidenced by Veprek discloses wherein the computing device is configured to determine the values of the plurality of audio parameters associated with the audio based on the electrical signal and the other electrical signal (Gouin, ¶0048. “Each microphone M1-M9 may pick up the audible test signal (step 124) and the control panel or analyzer may receive the detected signals from each microphone.”).
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 JAMES K MOONEY whose telephone number is (571)272-2412. The examiner can normally be reached Monday-Friday, 9:00 AM -5:00 PM EST.
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/JAMES K MOONEY/Primary Examiner, Art Unit 2695