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 .
Claims 1-8, 10-14, 16-18 are presented.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection established below. As the claims have been amended to state: audio component of the media is selectively muted or not muted based on a call management option selected by a user, including maintaining uninterrupted playback of the audio when the user selects a graphical user interface (GUI) split option to continue viewing the video component while managing the incoming call. A new ground of rejection has been established to address the amendment.
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.
Claim(s) 7-8, 12-14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Koizumi et al. (US 2014/0173667) in view of Lee (US 2014/0108568).
As to claim 7:
Koizumi discloses:
A method for providing uninterrupted audio communication with an electronic device (Abstract, mobile phone, ¶0011, managing incoming call with continuous audio call), the method comprising:
displaying a media on a user device, wherein the media comprising an audio component and a video component; (¶0097, 0120, playing a multimedia content, for example streaming a TV program or video content, having a video and audio data, each output by their respective output units)
accepting an incoming call from the electronic device by the user device; (¶0011, receiving an incoming call from another device) and reversibly replacing the audio component of the media being played with audio of the incoming call while rendering the video component of the media being played on the user device for a duration of the incoming call. (¶0011, 0191-0195, splitting the screen into several partition screens, wherein continuing enjoying the video uninterrupted while answering to the caller in separate partitioned screens . See ¶0086, Fig. 5, ¶0179, 0180, if an external event occurs (i.e. incoming call arrives and accepted, the TV program’s audio stops temporarily so as the user can conduct the call while the still playing the video without sounds. The audio pause is capable to be undone after the call)
wherein the reversibly replacing including: muting the audio component of the media being played while the incoming call is in progress, and continuing the playing of the video component to enable uninterrupted communication with the electronic device; and resuming the audio component of the media on the user device on completion of the incoming call; (Koizumi, Fig. 5, 0073, 0087, mute media volume during a telephone call or AV email playback, also ¶0018” the mobile phone is able to adjust the volume of audio output on receipt of an incoming signal during video display, and output or mute the audio based on the adjusted volume”)
Koizumi however doesn’t explicitly disclose:
“ audio component of the media is selectively muted or not muted based on a call management option selected by a user, including maintaining uninterrupted playback of the audio when the user selects a graphical user interface (GUI) split option to continue viewing the video component while managing the incoming call.”
Lee, in a related field of call handling during video playback, discloses Fig. 12-13, ¶0170, 0171, 0172wherein a user is engaged in simultaneous multitasking of having a multimedia session while having voice exchange with a caller, in which the graphical user interface provides an option to generate a play control signal to control the volume of the multimedia content, including volume (up/down/mute).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the audio is automatically resumed for Koizumi’s system. Since Koizumi’s system is to mute audio portion to allow an external event to occur (incoming call), it would be might be restrictive should the user wants to share audio portion or simply prefer smaller volume to. Especially ¶0011, Koizumi expresses the desire for uninterrupted experience for the user to enjoy the TV broadcast, as such the implementation of Lee which allows user to take control of the volume should the user would like to unmute while the call is ongoing.
As to claim 13:
Koizumi discloses:
A non-transitory machine-readable media programmed to provide uninterrupted audio communication with an electronic device (Abstract, mobile phone having processor and memory (i.e. CRM), ¶0011, managing incoming call with continuous audio call), the media programmed to: display a media on a user device, wherein the media comprising an audio component and a video component (¶0097, 0120, playing a multimedia content, for example streaming a TV program or video content, having a video and audio data, each output by their respective output units); accept an incoming call from the electronic device by the user device; (¶0011, receiving an incoming call from another device) and reversibly replace the audio component of the media being played with audio of the incoming call while rendering the video component of the media being played on the user device for a duration of the incoming call. (¶0011, 0191-0195, splitting the screen into several partition screens, wherein continuing enjoying the video uninterrupted while answering to the caller in separate partitioned screens . See ¶0086, Fig. 5, ¶0179, 0180, if an external event occurs (i.e. incoming call arrives and accepted, the TV program’s audio stops temporarily so as the user can conduct the call while the still playing the video without sounds. The audio pause is capable to be undone after the call)
wherein the reversibly replacing including: muting the audio component of the media being played while the incoming call is in progress, and continuing the playing of the video component to enable uninterrupted communication with the electronic device; and resuming the audio component of the media on the user device on completion of the incoming call; (Koizumi, Fig. 5, 0073, 0087, mute media volume during a telephone call or AV email playback, also ¶0018” the mobile phone is able to adjust the volume of audio output on receipt of an incoming signal during video display, and output or mute the audio based on the adjusted volume”)
Koizumi however doesn’t explicitly disclose:
“ audio component of the media is selectively muted or not muted based on a call management option selected by a user, including maintaining uninterrupted playback of the audio when the user selects a graphical user interface (GUI) split option to continue viewing the video component while managing the incoming call.”
Lee, in a related field of call handling during video playback, discloses Fig. 12-13, ¶0170, 0171, 0172wherein a user is engaged in simultaneous multitasking of having a multimedia session while having voice exchange with a caller, in which the graphical user interface provides an option to generate a play control signal to control the volume of the multimedia content, including volume (up/down/mute).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the audio is automatically resumed for Koizumi’s system. Since Koizumi’s system is to mute audio portion to allow an external event to occur (incoming call), it would be might be restrictive should the user wants to share audio portion or simply prefer smaller volume to. Especially ¶0011, Koizumi expresses the desire for uninterrupted experience for the user to enjoy the TV broadcast, as such the implementation of Lee which allows user to take control of the volume should the user would like to unmute while the call is ongoing.
As to claims 8, 14:
Koizumi in view of Lee discloses all limitations of claims 7/13 further comprising a step of rendering the audio component of the media to different audio output devices connected to the user device via a network. (Koizumi, ¶0029, 0312, Fig. 3, speakers to receive and output audio data)
As to claim 12:
Koizumi in view of Lee discloses all limitations of claim 7 wherein the user device is a smartphone. (Koizumi, 0212, 0209, 0011, smart phone with streaming, email, video call and Internet access)
As to claim 17:
Koizumi in view of Lee discloses all limitations of claim 14 wherein the network is an internet. (See Koizumi, ¶0212, Internet)
Claim(s) 1, 2, 3, 5, and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koizumi et al. (US 2014/0173667) in view of Yoo (KR 2009/0077603) in view of Lee (US 2014/0108568).
As to claim 1:
Koizumi discloses:
An apparatus for providing uninterrupted audio communication with an electronic device, the apparatus (Abstract, mobile phone, ¶0011, managing incoming call with continuous audio call) comprising: a radio frequency unit configured to connect to a network and to receive a phone call from the electronic device via the network (¶0011, 0093 RF antenna for communication, for example receiving a call arriving from network); an output device, a display screen; and a processor electrically connected to the radio frequency unit, the at least one output device, and display screen, (Fig. 3 showing wireless unit , display unit, output units such as speakers, control unit 112. ¶0213, processor, i.e. connected to all elements to control their operations) wherein the processor is configured to:
display a media on a user device, wherein the media comprising an audio component and a video component; (¶0097, 0120, playing a multimedia content, for example streaming a TV program or video content, having a video and audio data, each output by their respective output units)
accept an incoming call from the electronic device by the user device (¶0011, receiving an incoming call); and reversibly replacing the audio component of the media being played with audio of the incoming call while rendering the video component of the media being played on the user device for a duration of the incoming call. (¶0011, 0191-0195, splitting the screen into several partition screens, wherein continuing enjoying the video uninterrupted while answering to the caller in separate partitioned screens . (See ¶0086, Fig. 5, ¶0179, 0180, if an external event occurs (i.e. incoming call arrives and accepted, the TV program’s audio stops temporarily so as the user can conduct the call while the still playing the video without sounds. The audio pause is capable to be undone after the call)
Koizumi discloses allowing communication with the caller while continuing the media without interruption by the incoming call (¶0011, 0194) above, however is silent on the screen being touch-enabled display screen configured to present a graphical user interface as well as output unit to vibrate upon receiving the incoming call.
Yoo, in a related field of endeavor, discloses in Page 11, per description of Fig. 13, wherein, with a mobile device having display being a touch screen, communication with a user while an on-going broadcast content occurring. Yoo further discloses and the mobile phone having at least one output device configured to vibrate on receiving the incoming phone call (page 5, alarm unit 153)
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the system of Koizumi to further incorporate response to a caller using an overlaying chat interface, in particular for a touch screen GUI and vibration alarm for incoming call. Such implementation advantageously improves flexibility of system, namely to allow user more intuitive manner to enter input as touch screen has become mainstream, and to notify to a callee of a call in situation where noise might be inconvenient. A touch-screen with GUI allow for intuitive user manipulation and compatible with modern technology that is frequent touch-based.
Koizumi disclose:
wherein the reversibly replacing including: muting the audio component of the media being played while the incoming call is in progress, and continuing the playing of the video component to enable uninterrupted communication with the electronic device; (Koizumi, Fig. 5, 0073, 0087, mute media volume during a telephone call or AV email playback, also ¶0018” the mobile phone is able to adjust the volume of audio output on receipt of an incoming signal during video display, and output or mute the audio based on the adjusted volume”)
Koizumi however does not explicitly disclose:
“ audio component of the media is selectively muted or not muted based on a call management option selected by a user, including maintaining uninterrupted playback of the audio when the user selects a graphical user interface (GUI) split option to continue viewing the video component while managing the incoming call.”
Lee, in a related field of call handling during video playback, discloses Fig. 12-13, ¶0170, 0171, 0172wherein a user is engaged in simultaneous multitasking of having a multimedia session while having voice exchange with a caller, in which the graphical user interface provides an option to generate a play control signal to control the volume of the multimedia content, including volume (up/down/mute).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that the audio is automatically resumed for Koizumi’s system. Since Koizumi’s system is to mute audio portion to allow an external event to occur (incoming call), it would be might be restrictive should the user wants to share audio portion or simply prefer smaller volume to. Especially ¶0011, Koizumi expresses the desire for uninterrupted experience for the user to enjoy the TV broadcast, as such the implementation of Lee which allows user to take control of the volume should the user would like to unmute while the call is ongoing.
As to claims 2:
Koizumi in view of Yoo and Lee discloses all limitations of claim 1 wherein the processor is further configured to render the audio component of the media to different audio output devices connected to the radio frequency unit via the network. (Koizumi, ¶0029, 0312, Fig. 3, speakers to receive and output audio data received)
As to claim 3:
Koizumi in view of Yoo and Lee discloses all limitations of claim 1 wherein the processor is further configured to mute the audio component of the media playing on the user device to enable uninterrupted communication with the electronic device. (Koizumi, Fig. 5, mute media volume during a telephone call)
As to claim 5:
Koizumi in view of Yoo and Lee discloses all limitations of claim 1 wherein the network is a mobile telecommunication network. (Koizumi, ¶0208, mobile communication network such as CDMA. Yoo also provides various examples of cellular mobile networks in page 8, UMTS, LTE etc.)
As to claim 6:
Koizumi in view of Yoo and Lee discloses all limitations of claim 1 wherein the user device is a cellular phone. (Koizumi, ¶0208, Abstract. Cellular phone)
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koizumi et al. (US 2014/0173667) in view of Yoo (KR 2009/0077603) in view of Lee (US 2014/0108568) and in further view of Bodin et al. (US 2007/0168194).
As to claim 4:
Koizumi in view of Yoo and Lee discloses all limitations of claim 2, and rendering audio to different output devices during reversible replacement of a media audio component with audio of the incoming call while concurrently rendering the video component of the media on the graphical user interface. (Lee, ¶0166, 0167, multimedia audio from the first terminal is sent and rendered in the second terminal with the first terminal as the host to control the playing via the user interface while the call is ongoing)
They however is/are silent on wherein the processor is further configured to create mixer objects and instantiated methods from an audio system class to handle one or more streams of audio output.
Bodin, in a related field of endeavor, discloses a multimedia system embodied in form of a smart phone, a laptop computer etc. to have software for executing/management audio data (¶0033, 0034) in which a processor is configured to create mixer objects and instantiated methods from an audio system class to handle one or more streams of audio output (¶0173, 0174, using audio system class such as Java Sound API to handle one or more stream of audio output to speakers, wherein mixer objects are formed and used to process audio data as streams).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that in the system of Koizumi where audio streams are handled to incorporate mixer objects and instantiated methods from an audio system class to handle one or more streams of audio output. Such implementations advantageously address the need an ongoing need for data management and data rendering for disparate data types that provides access to uniform data type access to content from disparate data sources (¶0004 of Bodin)
Claim(s) 10, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koizumi et al. (US 2014/0173667) in view of Lee (US 2014/0108568)and in view of Bodin et al. (US 2007/0168194).
As to claims 10, 16:
Koizumi in view of Lee discloses all limitations of claims 8/14, and rendering audio to different output devices during reversible replacement of a media audio component with audio of the incoming call while concurrently rendering the video component of the media on the graphical user interface. (Lee, ¶0166, 0167, multimedia audio from the first terminal is sent and rendered in the second terminal with the first terminal as the host to control the playing via the user interface while the call is ongoing)
however is silent on wherein the processor is further configured to create mixer objects and instantiated methods from an audio system class to handle one or more streams of audio output.
Bodin, in a related field of endeavor, discloses a multimedia system embodied in form of a smart phone, a laptop computer etc. to have software for executing/management audio data (¶0033, 0034) in which a processor is configured to create mixer objects and instantiated methods from an audio system class to handle one or more streams of audio output (¶0173, 0174, using audio system class such as Java Sound API to handle one or more stream of audio output to speakers, wherein mixer objects are formed and used to process audio data as streams).
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that in the system of Koizumi where audio streams are handled to incorporate mixer objects and instantiated methods from an audio system class to handle one or more streams of audio output. Such implementations advantageously address the need an ongoing need for data management and data rendering for disparate data types that provides access to uniform data type access to content from disparate data sources (¶0004 of Bodin)
Claim(s) 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Koizumi et al. (US 2014/0173667) in view of Lee (US 2014/0108568) and in view of Lee (US 2014/0108568).
As to claim 11:
Koizumi in view of Lee discloses all limitations of claim 8 however is silent on the network is a Wi-Fi network.
Lee however discloses networks accessible to a mobile device includes a WiFi network. (See ¶0002-0003)
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that communication networks for Koizumi’s device to communicate include a WiFi network. Since Koizumi explicitly indicates Internet to be accessed by the smart phone (¶0212), which implies WiFi as a most likely option. Per ¶0003 of Lee, WiFi is widely used for IP-capable devices, and further for advantage of high speed and mobility.
As to claim 18:
Koizumi in view of Lee discloses all limitations of claim 13 however is silent on the user device is a tablet.
Lee however discloses networks accessible to a mobile device includes a tablet (¶0136)
It would have been obvious to one of ordinary skill in the art before the effective filing time of the invention that communication networks for Koizumi’s device includes a tablet. Since Koizumi indicates the mobile device to have phone capability (¶0212), it can be seen in Lee ¶ 0136 that such mobile device with phone capability can be a tablet PC, iPad etc. Such implementation advantageously allow user to flexibly access voice communication functionalities regardless of devices they are on.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
VanEpps (US 2008/0002022) - A mobile communication device includes video communication capability. When the video call is place on hold by the mobile communication device, a pre-recorded video is transmitted to the holding party. The pre-recorded video may be stored in the memory of the mobile communication device or may be stored in a video server in the network. In the latter case, the mobile communication device signals the video server to transmit a selected video to the holding party when the video call is placed on hold
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/QUAN M HUA/Primary Examiner, Art Unit 2645