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 filed 2/25/26 have been fully considered but they are not persuasive.
Applicant submits that Iwamatsu fails to disclose the audio signal supplying device can generate filtering information based on predetermined acoustic characteristics to be aimed for. The examiner respectfully disagrees. Iwamatsu (¶0088 and ¶0094) discloses the parameter setting portion 23 reads the parameter from the storing portion 25 and, based on switch and type information from operating portion 24, sets the parameter to the tone equality controlling portion 22. The tone quality controlling portion 22 is an equalizer that controls characteristics based on the set parameter. Therefore any adjustments are implicitly based on a comparison to desired characteristics.
Applicant further submits there is no motivation to combine the memory of Kang with the device of Iwamatsu. The examiner respectfully disagrees. P. 6 of the previous Office Action states that, “the motivation would have been applying a known technique to a known device to yield predictable results, storing audio content locally instead of externally is well-known, routine and conventional in the art.” Audio devices including “storage means for storing audio content of tunes,” i.e. music, is well-known, routine and conventional in the art in order to store playback content locally. Storing audio content in the memory of an audio device is not an inventive concept.
Regarding the newly added limitations of receiving a rejection to connect message, Yoshizawa (¶0042 and Fig. 8) teaches giving the user options to play audio with the speaker disconnected or to connect the speaker. See rejection below.
Information Disclosure Statement
The information disclosure statement filed 2/25/26 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claim 7 is objected to because of the following informalities: Claim 7 currently depends on “claim 7.” Based on previous claim sets, it appears that it should instead depend on “claim 6,” and is being interpreted as such in this Office Action. Appropriate correction is required.
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 1-4, 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Iwamatsu (US 2009/0147134 A1 – cited in IDS) in view of Kang et al. (US 2014/0250477 A1), hereinafter “Kang,” and further in view of Yoshizawa et al. (US 2007/0133812 A1), hereinafter “Yoshizawa.”
As to claim 1, Iwamatsu discloses an audio device for reproducing and outputting an audio signal with use of a plurality of speakers (Figs. 1 and 9. Television set 1 with internal speakers 28 and external speaker units 100.), the audio device comprising:
filtering information storage means for storing filtering information for each one of the plurality of speakers connected to the audio device (Storing portion 25, ¶0090 and ¶0092, Fig. 1. “external speaker units 100 whose external speaker parameters are stored in a storing portion 25.” “The parameters to be set in the tone quality controlling portion 22 are stored in the storing portion 25.”);
audio reproduction means for reproducing audio content, and outputting an audio reproduction signal for each of the plurality of speakers to a correction means (Audio signal inputting portion 21. ¶0086 and ¶0088. “Then, the signal outputting portion 10 outputs the video signal to a displaying portion 12 via a video signal inputting portion 11, and outputs the audio signal to a tone quality controlling portion 22 via an audio signal inputting portion 21.” “The tone quality controlling portion 22 controls the acoustic characteristic of the audio signal being input from the audio signal inputting portion 21.”).
the correction means for correcting the audio reproduction signal from the audio reproduction means to be output to the each one of the plurality of speakers, in accordance with the filtering information of the each one of the plurality of speakers which is stored in the filtering information storage means (Tone quality controlling portion 22. ¶0088, ¶0092 and ¶0094, Fig. 1. “the tone quality controlling portion 22 is an equalizer that controls the frequency characteristic of the audio signal based on the set parameter.” “the tone quality controlling portion 22 controls the frequency characteristic of the input audio signal in response to the contents that the set parameter indicates.” “The parameter setting portion 23 reads the parameter from the storing portion 25, based on the switch information and the type information being output from the operating portion 24, and sets this parameter to the tone quality controlling portion 22.”);
identification information acquisition means for acquiring, when one of the plurality of speakers is newly connected, identification information of the newly connected one of the plurality of speakers from the newly connected one of the plurality of speakers (Identifying portion 41. ¶0095 and ¶0127, Figs. 9 and 12. “Then, the identifying portion 41 may acquire the identification information stored in the identification information storing portion 106, and may identify the type of the external speaker unit 100.” “Then, when the data acquiring portion 40 acquires the external speaker parameter corresponding to the type of the external speaker unit 100 indicated by the type information and stores newly the parameter in the storing portion 25.”);
acoustic characteristics acquisition means for acquiring acoustic characteristics of the newly connected one of the plurality of speakers from a server for managing acoustic characteristics of each of the plurality of speakers, by notifying the identification information acquired by the identification information acquisition means to the server (Data acquiring portion 40, ¶0096, Fig. 1. “The data acquiring portion 40, when received the type information from the parameter setting portion 23, acquires the external speaker parameter by communicating with the server 200 and receiving the external speaker parameter corresponding to the type of the external speaker unit 100 indicated by the type information from the server 200.”);
filtering information generation means for generating filtering information for making an audio reproduction signal output from the newly connected one of the plurality of speakers close to predetermined acoustic characteristics by comparing the acoustic characteristics acquired by the acoustic characteristics acquisition means to the predetermined acoustic characteristics (¶0088, ¶0094. “The parameter setting portion 23 reads the parameter from the storing portion 25, based on the switch information and the type information being output from the operating portion 24, and sets this parameter to the tone quality controlling portion 22.”); and
registering the filtering information generated by the filtering information generation means, in the filtering information storage means in association with the newly connected one of the plurality of speakers (¶0090, ¶0092 and ¶0095. “External speaker parameters are stored in a storing portion 25.” “The parameters to be set in the tone quality controlling portion 22 are stored in the storing portion 25.” “the parameter setting portion 23 outputs the type information being input from the operating portion 24 to the data acquiring portion 40. Then, when the data acquiring portion 40 acquires the external speaker parameter corresponding to the type of the external speaker unit 100 indicated by the type information and stores newly the parameter in the storing portion 25.”).
Iwamatsu does not expressly disclose a separate filtering information registration means.
However, as cited above, Iwamatsu discloses storing the external speaker parameters in the storing portion 25 based on output from the parameter setting portion 23 (¶0090, ¶0092 and ¶0095), that is, the registering of the filter information is performed. One of ordinary skill in the art would have found it obvious to replace the single element performing two different functions with two different elements. The motivation would have been applying a known technique to a known device to yield predictable results.
Iwamatsu does not expressly disclose content storage means for storing audio content of tunes.
Kang discloses content storage means for storing audio content of tunes (Kang, ¶0070, Fig. 2. “The memory 205 may store various programs necessary for the controller 206 to process and control signals, and may also store processed video, audio and data signals.”).
Iwamatsu and Kang are analogous art because they are from the same field of endeavor with respect to media device 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 store audio at the device, as taught by Kang. The motivation would have been applying a known technique to a known device to yield predictable results, storing audio content locally instead of externally is well-known, routine and conventional in the art.
Iwamatsu in view of Kang does not expressly disclose connection permission and rejection inquiry means for issuing, in a case in which the acoustic characteristics acquisition means fails to acquire the acoustic characteristics of the newly connected one of the plurality of speakers, an inquiry to a user about whether to establish connection to the newly connected one of the plurality of speakers, wherein when a rejection to connect message is received, disconnecting from the newly connected one of the plurality of speakers.
Yoshizawa discloses connection permission and rejection inquiry means for issuing, in a case in which the acoustic characteristics acquisition means fails to acquire the acoustic characteristics of the newly connected one of the plurality of speakers, an inquiry to a user about whether to establish connection to the newly connected one of the plurality of speakers, wherein when a rejection to connect message is received, disconnecting from the newly connected one of the plurality of speakers (Yoshizawa, ¶0030-0031 and ¶0042, Figs. 1-2 and 7-8. “The detected speaker connection is shown in the display unit, and a warning can be indicated if there is an incorrect connection.” Options provided to user to output audio with other speakers when front-right speaker is not connected or to connect the front right speaker.).
Iwamatsu and Yoshizawa are analogous art because they are from the same field of endeavor with respect to loudspeaker 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 display a message of an incorrect connection, as taught by Yoshizawa. The motivation would have been to alert the user.
As to claim 2, Iwamatsu in view of Kang as modified by Yoshizawa discloses displaying, by the connection permission and rejection inquiry means, a message that informs of the failure on a controller for remotely operating the audio device or on a display device included in the audio device (Yoshizawa, ¶0030-0031, Figs. 1-2 and 7-8. “The detected speaker connection is shown in the display unit, and a warning can be indicated if there is an incorrect connection.”); and
output control means for restricting, when the connection permission and rejection inquiry means receives connection rejection from the user with respect to the newly connected one of the plurality of speakers, output of an audio reproduction signal to the newly connected one of the plurality of speakers (Yoshizawa, ¶0035. “The case where neither FR speaker 211 or FL speaker 212 is connected nor found is taken into consideration with reference to the device block diagram of FIG. 2. The speaker marked by oblique lines in the diagram is connected by a speaker cable. The speaker cables 221, 222 are drawn by a dashed line in the diagram, and not connected as marked by an X mark… when the aforementioned switcher 201 with an audio amplifier detects that these speakers are not connected, the switcher 201 sends sound signals for the FR and FL channels to the display unit 101, thereby to reproduce a sound by a front-right speaker 111 and a front-left speaker 112 of the display unit.”).
The motivation is the same as claim 1 above.
As to claim 3, it is directed towards substantially the same subject matter as claim 1 and is therefore rejection using the same motivation as claim 1 above. Further reference is made to Iwamatsu (¶0127 and Fig. 12) which discloses the identification information storing portion 106 of an external speaker transmits information to the identifying portion 41 (i.e. identification information transmission means for transmitting identification information).
As to claim 4, it is directed substantially the same subject matter as claim 1 and is therefore rejection using the same motivation as claim 1 above. Further, using software on a processor/computer is well-known, routine and conventional in the art of audio signal processing and would have been obvious to one of ordinary skill in the art.
As to claim 8, Iwamatsu in view of Kang as modified by Yoshizawa discloses a sound bar and a subwoofer connected to the audio device by cables (Iwamatsu, ¶0085, Fig. 1. “terminals to which the speaker unit is connected on the outside.” External speaker unit 100 connected via connection terminal 29. Sound bars and subwoofers are well-known types of external speakers and would have been obvious to one of ordinary skill in the art. Further, the claims are directed to “the audio device,” not what is connected to it.).
As to claim 13, Iwamatsu in view of Kang as modified by Yoshizawa discloses a speaker connection unit for connecting to the plurality of speakers via a plurality of cable connection terminals (Iwamatsu, ¶0085, Fig. 1. “terminals to which the speaker unit is connected on the outside.” Connecting multiple speakers via cables is a simple duplication of parts, and further, is well-known, routine and conventional in the art and would have been obvious to one of ordinary skill in the art.).
Claims 6-7 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Iwamatsu in view of Kang and Yoshizawa, as applied to claim 1 above, in view of Kang et al. (US 2016/0080314 A1), hereinafter “Kim.”
As to claim 6, Iwamatsu in view of Kang as modified by Yoshizawa discloses wherein a controller is configured from a wireless terminal (Kang, Fig. 1. Remote controller 140.).
The motivation would have been for the user to controller the device remotely.
Iwamatsu in view of Kang as modified by Yoshizawa does not expressly disclose such as a smartphone or a tablet personal computer and connects by wireless connection to the audio device via an access point.
Kim discloses such as a smartphone or a tablet personal computer and connects by wireless connection to the audio device via an access point (Kim, ¶0071 and ¶0074, Figs. 3-4. “The mobile terminal 330 will be connected, and a signal for requesting connection will be transmitted to the TV 310 connected to access point 1.” Mobile Terminal 330 can connect to speaker 320 and TV 310 using an access point.).
Iwamatsu, Kang and Kim are analogous art because they are from the same field of endeavor with respect to media device 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 connect devices via an access point, as taught by Kim. The motivation would have been to connect numerous apparatuses together wirelessly (Kim, ¶0005).
As to claim 7, Iwamatsu in view of Kang as modified by Yoshizawa and Kim discloses wherein the audio device reproduces audio content by following a user's instruction received via the controller and outputs the audio reproduction signal of the audio content from the plurality of speakers (Kang, ¶0059 and ¶0094, Fig. 1. “Various functions of the digital display device 100 may be controlled using the remote controller 140.” “The remote controller 510 may transmit a command for power on/off, channel change and volume change to the digital display device 500 via the IR module 514b as necessary.”).
The motivation is the same as claim 6 above.
As to claim 9, Iwamatsu in view of Kang as modified by Yoshizawa and Kim discloses wherein the plurality of speakers connect wirelessly to the audio device through an access point (Kim, ¶0073 and Figs. 3-4. “In response to determining that access point 2 is allocated with the second IP address, the wireless speaker 320 is connected, and a signal for requesting connection will be transmitted to the TV 310 connected to access point 1.”).
The motivation is the same as claim 6 above.
As to claim 10, Iwamatsu in view of Kang as modified by Yoshizawa and Kim discloses a main control unit that notifies the identification information acquisition unit of an address of the newly connected one of the plurality of speakers (Kim, ¶0073-0074 and ¶0085. “In response to determining that access point 2 is allocated with the second IP address, the wireless speaker 320 is connected, and a signal for requesting connection will be transmitted to the TV 310 connected to access point 1.” “a signal for requesting connection between the first electronic apparatus and the second electronic apparatus connected to another access point is transmitted to the another access point based on an IP address type allocated to the access point (S520). The process of determining the IP address type allocated to the access point is made based on whether the IP address is a certified IP address or a proprietary IP address.”).
The motivation is the same as claim 6 above.
As to claim 11, Iwamatsu in view of Kang as modified by Yoshizawa and discloses wherein the plurality of speakers connects wirelessly to the audio device through an access point (Kim, ¶0073, Fig. 3. “in response to determining that access point 2 is allocated with the second IP address, the wireless speaker 320 is connected, and a signal for requesting connection will be transmitted to the TV 310 connected to access point 1.” Multiple speakers is a simple duplication of parts and connecting multiple wireless speaker is well-known, routine and conventional in the art.).
The motivation is the same as claim 6 above.
As to claim 12, Iwamatsu in view of Kang as modified by Yoshizawa and Kim discloses a wireless interface unit for connecting by wireless connection to an access point (Kim, Fig. 3. TV 310 connects to AP1 wirelessly.).
The motivation would have been to for wireless connections.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Iwamatsu in view of Kang.
As to claim 5, Iwamatsu discloses a method of setting an audio reproduction environment in an audio system including a plurality of speakers and an audio device for reproducing and outputting an audio signal with use of the plurality of speakers (Figs. 1 and 9), the method comprising:
correcting, by the audio device, for each one of the plurality of speakers connected to the audio device, an audio reproduction signal from an audio reproduction means to be output to the each one of the plurality of speakers, in accordance with a piece of filtering information that is registered in association with the each one of the plurality of speakers (¶0088, ¶0092 and ¶0094, Fig. 1. “the tone quality controlling portion 22 is an equalizer that controls the frequency characteristic of the audio signal based on the set parameter.” “the tone quality controlling portion 22 controls the frequency characteristic of the input audio signal in response to the contents that the set parameter indicates.” “The parameter setting portion 23 reads the parameter from the storing portion 25, based on the switch information and the type information being output from the operating portion 24, and sets this parameter to the tone quality controlling portion 22.”;
acquiring, by the audio device, when one of the plurality of speakers is newly connected, identification information of the newly connected one of the plurality of speakers from the newly connected one of the plurality of speakers (¶0095 and ¶0127, Figs. 9 and 12. “Then, the identifying portion 41 may acquire the identification information stored in the identification information storing portion 106, and may identify the type of the external speaker unit 100.” “Then, when the data acquiring portion 40 acquires the external speaker parameter corresponding to the type of the external speaker unit 100 indicated by the type information and stores newly the parameter in the storing portion 25.”);
acquiring, by the audio device, acoustic characteristics of the newly connected one of the plurality of speakers from a server for managing acoustic characteristics of each of the plurality of speakers, by notifying the acquired identification information to the server (¶0096, Fig. 1. “The data acquiring portion 40, when received the type information from the parameter setting portion 23, acquires the external speaker parameter by communicating with the server 200 and receiving the external speaker parameter corresponding to the type of the external speaker unit 100 indicated by the type information from the server 200.”);
generating, by the audio device, filtering information for making an audio reproduction signal output from the newly connected one of the plurality of speakers close to predetermined acoustic characteristics by comparing the acquired acoustic characteristics to the predetermined acoustic characteristics (¶0088, ¶0094. “The parameter setting portion 23 reads the parameter from the storing portion 25, based on the switch information and the type information being output from the operating portion 24, and sets this parameter to the tone quality controlling portion 22.”);registering, by the audio device, the generated filtering information in association with the newly connected one of the plurality of speakers (¶0090, ¶0092 and ¶0095. “External speaker parameters are stored in a storing portion 25.” “The parameters to be set in the tone quality controlling portion 22 are stored in the storing portion 25.” “the parameter setting portion 23 outputs the type information being input from the operating portion 24 to the data acquiring portion 40. Then, when the data acquiring portion 40 acquires the external speaker parameter corresponding to the type of the external speaker unit 100 indicated by the type information and stores newly the parameter in the storing portion 25.”); and
transmitting, by one of the plurality of speakers, identification information of the one of the plurality of speakers to the audio device when the one of the plurality of speakers is connected to the audio device (¶0095 and ¶0127, Figs. 9 and 12. “Then, the identifying portion 41 may acquire the identification information stored in the identification information storing portion 106, and may identify the type of the external speaker unit 100.” “Then, when the data acquiring portion 40 acquires the external speaker parameter corresponding to the type of the external speaker unit 100 indicated by the type information and stores newly the parameter in the storing portion 25.”).
Iwamatsu does not expressly disclose storing, by the audio device, audio content of tunes received by a content storage unit.
Kang discloses storing, by the audio device, audio content of tunes received by a content storage unit (Kang, ¶0070, Fig. 2. “The memory 205 may store various programs necessary for the controller 206 to process and control signals, and may also store processed video, audio and data signals.”).
The motivation is the same as claim 1 above.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Iwamatsu in view of Kang, as applied to claim 5 above, in view of Kim.
As to claim 14, Iwamatsu in view of Kang does not expressly disclose transmitting to a controller, a message that is an inquiry about whether to establish connection to newly connected one of the plurality of speakers in light of the circumstance that the acoustic characteristics of the newly connected one of the plurality of speakers are unknown.
Kim discloses transmitting to a controller, a message that is an inquiry about whether to establish connection to newly connected one of the plurality of speakers in light of the circumstance that the acoustic characteristics of the newly connected one of the plurality of speakers are unknown (Kim, ¶0076-0077, Figs. 3-4. “the TV 310 that received a signal for requesting connection may provide a message 410 asking the user whether to make a connection. Herein, an apparatus name, e.g., ABC1, of the first electronic apparatus may be, but without limitation, displayed on the TV 310 corresponding to the second electronic apparatus.” “If the user wishes to connect to the first electronic apparatus, he/she may input a connection approval command. However, if the first electronic apparatus is an electronic apparatus that has nothing to do with the user… the user may input a connection reject command and stop the connection between the first electronic apparatus and second electronic apparatus).
The motivation would have been to allow the user to select which devices are connected.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at 5712727848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMES K MOONEY/Primary Examiner, Art Unit 2695
Prosecution Insights