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
In response to the non-final office action on 07/16/2025, applicant has submitted arguments/remarks. Claims 1-2 are pending in the application.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin (US Pub No. 2020/0021262).
Regarding claim 1, Shin teaches a method for automatically adjusting an output level of audio (Fig 4, method of controlling a personalized audio frequency equalizer) in an audio playback network (Fig 2, apparatus 100 with sound source output unit 130), the method comprising: selecting an audio source to be received into (¶ [0029], main-stream hardware media inputs), and output from (Fig 4, output sound source S540), an audio playback network; receiving an input test noise signal in the absence of any audio signal (Fig 4, system test frequency S521); setting a broadcast output volume level of the selected audio source (Fig 4, create custom-tailored equalizer S530), based on the received input test noise signal in the absence of any audio signal (¶ [0063], output sound volume adjusted and maintained based on system test hearing average value); receiving new audio from any one of a plurality of audio sources (¶ [0070], outputs a sound source through personalized equalizer), and broadcasting the new audio from one or more loudspeakers (Fig 4, output sound source S540); substantially continuously measuring a volume level of the broadcast new audio (¶ [0063], output sound volume adjusted and maintained based on system test hearing average value); and correcting the broadcast new audio to match the set broadcast output volume level (¶ [0063], output sound volume adjusted and maintained based on system test hearing average value).
Regarding claim 2, Shin teaches a system for automatically adjusting an output level of audio (Fig 1, apparatus 100) in an audio playback network (Fig 2, apparatus 100 with sound source output unit 130), comprising: at least one processor (Fig 1 & ¶ ]0028], apparatus 100 requires a processor to function); and a memory operatively connected with the at least one processor (¶ [0037], system and application volume are stored which requires memory), wherein the memory stores computer-executable instructions that, when executed by the at least one processor, causes the at least one processor to execute a method (Fig 4, executable instructions are required to perform method steps) that comprises: selecting an audio source to be received into (¶ [0029], main-stream hardware media inputs), and output from (Fig 4, output sound source S540), an audio playback network; receiving an input test noise signal in the absence of any audio signal (Fig 4, system test frequency S521); setting a broadcast output volume level of the selected audio source (Fig 4, create custom-tailored equalizer S530) based on the received input test noise signal in the absence of any audio signal (¶ [0063], output sound volume adjusted and maintained based on system test hearing average value); receiving new audio from any one of a plurality of audio sources (¶ [0070], outputs a sound source through personalized equalizer), and broadcasting the new audio from one or more loudspeakers (Fig 4, output sound source S540); substantially continuously measuring a volume level of the broadcast new audio (¶ [0063], output sound volume adjusted and maintained based on system test hearing average value); and correcting the broadcast new audio to match the set broadcast output volume level (¶ [0063], output sound volume adjusted and maintained based on system test hearing average value).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER LIEBGOTT whose telephone number is (703)756-1818. The examiner can normally be reached Mon-Fri 10-6:30 EST.
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/T.M.L./Examiner, Art Unit 2694
/Daniel R Sellers/Primary Examiner, Art Unit 2694