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
Claims 1 and 2 currently 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. Examiner is interpreting “input test noise signal in the absence of any audio signal” as stated in applicant’s specification ¶ [0049] “a test tone such as pink noise or other types of audio noise can be used”.); 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. Examiner is interpreting “input test noise signal in the absence of any audio signal” as stated in applicant’s specification ¶ [0049] “a test tone such as pink noise or other types of audio noise can be used”.); 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 filed 03/30/2026 have been fully considered but they are not persuasive. Applicant’s arguments page 1 lines 18-22 assert that the prior art Shin used in the non-final office action dated 12/30/2025 does not disclose the claimed features of “receiving an input test noise signal in the absence of any audio signal” and “setting a broadcast output volume level of the selected audio source, based on the received input test noise signal in the absence of any audio signal”. To this the examiner disagrees, the use of system test frequencies is discussed in paragraphs [0033], [0043-0052] and [0061] where the system test frequencies are measured to set an average volume value (step S521) which meets the definition per applicant’s specification ¶ [0049]. This test frequency measurement step is performed prior to step S540 output sound source which reads on the above recited claim language of “receiving an input test noise signal in the absence of any audio signal” and “setting a broadcast output volume level of the selected audio source, based on the received input test noise signal in the absence of any audio signal”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Goff et al (US Pub No. 2022/0232336) teaches setting of initial power and gain parameters through the use of a stimulus signal.
Lee (US Pub No. 2023/0050136) teaches a controller transmitting test audio to adjust audio output settings.
THIS ACTION IS MADE FINAL. 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.
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/T.M.L./Examiner, Art Unit 2694 /FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694
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