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 .
DETAILED ACTION
The amendment filed 11/13/2025 has been entered. Claims 26-45 remain pending in the application.
Response to Arguments
Applicant's arguments filed 11/13/2025 have been fully considered but they are not persuasive.
Regarding applicants arguments to claim 26, applicant states “Gicklhorn, however, does not involve distinguishing any first audio segment from a second audio segment based on a first target audio signal”, examiner respectfully disagrees. Gicklhorn teaches the Client device 106 (receiving both first and second audio segments) is able to calculate the distance and angle of itself from host device 102 using the difference in the sounds it receives or "hears" from host device 102 (distinguishes first and second audio segments), certain correlation, also from host device 102, and stored audio frequency data (initial frequency data) on client device 106 (See Paragraph 24 of Gicklhorn). Thus, Gicklhorn properly teaches the limitation in question, specially distinguishing (difference in the received sounds) any first audio segment (104a or 112) from a second audio segment (104b or 112) based on a first target audio signal (first and second signals are coming from same device 102).
Further Regarding applicants arguments to claim 26, applicant states “…does not involve how to determine an arrival time related to an audio signal emitted by a speaker…”, examiner respectfully disagrees. Gicklhorn teaches the audio signals are emitted from speakers 104a, 104b and 112 thus all determination/calculation are with respect to and related to the speakers and Gicklhorn also teaches determining arrival time of these signals by determining the initial start time of the audio signals using the time contained in the audio event message from the host device and the time synchronization information regarding the difference between the clocks on the host and client devices and the initial audio frequency data (stored on the client device) is compared to the received audio frequency data (what the client device actually "heard") by producing a disparity value for each signal (See Paragraphs 37, 46, Claims 7, 14, 35 of Gicklhorn).
Further Regarding applicants arguments to claim 26, applicant states “…does not involve determining relative positions between devices based on a first arrival moment and a second arrival moment.”, examiner respectfully disagrees. Gicklhorn teaches using audio signals emitted from stereo speakers associated with a first device (transmitted first and second audio signals with arrival times) and a microphone associated with the second device (receiving first and second audio signals with arrival times) and determining relative positions based on these signals and times (See Abstract, Paragraphs 22-23, 50, Fig.8 of Gicklhorn).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 26-27, 37-39, 45 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gicklhorn (US 20120127831 A1).
Regarding claim 26, Gicklhorn teaches a method, comprising: obtaining a first target audio signal obtained by a first microphone (108) of a second device (106), wherein the first target audio signal is obtained based on a first audio signal emitted by a first speaker (104a) of a first device (102) and a second audio signal emitted by a second speaker (104b) of the first device (102). (Abstract, Paragraphs 23-25, Figs.1A-1B).
Gicklhorn also teaches determining a first audio segment and a second audio segment based on a first target moment and the first target audio signal, wherein the first target moment is determined in the first target audio signal based on a target amplitude, the first audio segment is in the first target audio signal and is related to the first audio signal, the second audio segment is in the first target audio signal and is related to the second audio signal, and in the first target audio signal, a time range corresponding to the first audio segment does not overlap a time range corresponding to the second audio segment. (Paragraphs 23-24, 45-47, 50, 34-35, Figs.1A-1B, 6, 8-9)
Gicklhorn also teaches separately searching for the first audio segment and the second audio segment, to obtain a first arrival moment and a second arrival moment, wherein the first arrival moment corresponds to a first target wave peak, the second arrival moment corresponds to a second target wave peak, the first target wave peak has an earliest receiving time in wave peaks whose signal amplitudes are greater than a first preset amplitude in the first audio segment, and the second target wave peak has an earliest receiving time in wave peaks whose signal amplitudes are greater than a second preset amplitude in the second audio segment. (Paragraphs 45-47, 50, 32, 34-36, Claim 6, Figs.3-6, 8-9)
Gicklhorn also teaches determining a relative location between the first device and the second device based on the first arrival moment and the second arrival moment. (Paragraph 50, Claims 1, 9-10, Fig.9)
Regarding claim 27, Gicklhorn teaches wherein determining the first audio segment and the second audio segment based on the first target moment and the first target audio signal comprises: determining the first audio segment from the first target audio signal based on the first target moment, a distance between the first speaker and the second speaker, and a sampling frequency of the first microphone; and determining the second audio segment from the first target audio signal based on the first target moment, the distance between the first speaker and the second speaker, the sampling frequency of the first microphone, and a time interval between a moment at which the first speaker generates the first audio signal and a moment at which the second speaker generates the second audio signal. (Paragraphs 23-24, 31, 48, 50, Claims 2, 7-8, 26, 33)
Regarding claim 37, Gicklhorn teaches wherein the first device is a projection device, the second device is a projected device, and after determining the relative location between the first device and the second device based on the first arrival moment and the second arrival moment, the method further comprises: displaying, in a preset area on a display interface of the second device, content displayed on a display interface of the first device, wherein a location of the preset area on the display interface of the second device is the same as a location of the first device relative to the second device. (Paragraphs 23-25, 27, 58, 60, Figs.1A-2, 10A-10B)
Regarding claim 38, Gicklhorn teaches an apparatus, comprising: a memory storing instructions that are executable by at least one processor; and the at least one processor coupled to the memory, wherein when the at least one processor executes the instructions. (Paragraphs 59-61, Figs.10A-10B)
Gicklhorn also teaches the apparatus performs operations comprising: obtaining a first target audio signal obtained by a first microphone (108) of a second device (106), wherein the first target audio signal is obtained based on a first audio signal emitted by a first speaker (104a) of a first device (102) and a second audio signal emitted by a second speaker (104b) of the first device (102). (Paragraphs 23-25, Figs.1A-1B)
Gicklhorn also teaches determining a first audio segment and a second audio segment based on a first target moment and the first target audio signal, wherein the first target moment is determined in the first target audio signal based on a target amplitude, the first audio segment is a segment that is in the first target audio signal and is related to the first audio signal, the second audio segment is in the first target audio signal and is related to the second audio signal, and in the first target audio signal, a time range corresponding to the first audio segment does not overlap a time range corresponding to the second audio segment. (Paragraphs 23-24, 45-47, 50, 34-35, Figs.1A-1B, 6, 8-9)
Gicklhorn also teaches separately searching for the first audio segment and the second audio segment to obtain a first arrival moment and a second arrival moment, wherein the first arrival moment corresponds to a first target wave peak, the second arrival moment corresponds to a second target wave peak, the first target wave peak has earliest receiving time in wave peaks whose signal amplitudes are greater than a first preset amplitude in the first audio segment, and the second target wave peak has earliest receiving time in wave peaks whose signal amplitudes are greater than a second preset amplitude in the second audio segment. (Paragraphs 45-47, 50, 32, 34-36, Claim 6, Figs.3-6, 8-9)
Gicklhorn also teaches determining a relative location between the first device and the second device based on the first arrival moment and the second arrival moment. (Paragraph 50, Claims 1, 9-10, Fig.9)
Regarding claim 39, Gicklhorn teaches wherein determining the first audio segment and the second audio segment based on the first target moment and the first target audio signal comprises: determining the first audio segment from the first target audio signal based on the first target moment, a distance between the first speaker and the second speaker, and a sampling frequency of the first microphone; and determining the second audio segment from the first target audio signal based on the first target moment, the distance between the first speaker and the second speaker, the sampling frequency of the first microphone, and a time interval between a moment at which the first speaker generates the first audio signal and a moment at which the second speaker generates the second audio signal. (Paragraphs 45-50, Figs.6, 8-9)
Regarding claim 45, Gicklhorn teaches wherein the first device is a projection device, the second device is a projected device, and wherein when the at least one processor executes the instructions, the apparatus performs operations comprising: after the relative location between the first device and the second device is determined based on the first arrival moment and the second arrival moment, displaying, in a preset area on a display interface of the second device, content displayed on a display interface of the first device, wherein a location of the preset area on the display interface of the second device is the same as a location of the first device relative to the second device. (Paragraphs 23-25, 27, 58, 60, Figs.1A-2, 10A-10B)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 35 and 43 are rejected under 35 U.S.C. 103 as being unpatentable over Gicklhorn.
Regarding claim 35, Gicklhorn teaches wherein the first microphone (108) of the second device (108) is comprised in a one or more of microphones (Device B has at least one microphone) of the second device and: the first microphone has a maximum difference between a distance from the first speaker and a distance from the second speaker, wherein the maximum difference is greater than a preset distance; or the first microphone is least blocked by the second device relative to the first speaker and the second speaker. (Paragraph 23, Figs.1A-1C) Gicklhorn discloses the claimed invention except for a plurality of microphones. It would have been obvious to one having ordinary skill in the art at the time the invention was filled to incorporate a plurality of microphones, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 43, Gicklhorn teaches wherein the first microphone (108) of the second device (108) is comprised in a one or more of microphones (Device B has at least one microphone) of the second device and: the first microphone has a maximum difference between a distance from the first speaker and a distance from the second speaker, wherein the maximum difference is greater than a preset distance; or the first microphone is least blocked by the second device relative to the first speaker and the second speaker. (Paragraph 23, Figs.1A-1C) Gicklhorn discloses the claimed invention except for a plurality of microphones. It would have been obvious to one having ordinary skill in the art at the time the invention was filled to incorporate a plurality of microphones, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim(s) 31-34, 36, 41-42 and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Gicklhorn in view of Ferren (WO 2012027644 A2).
Regarding claim 31, Gicklhorn teaches wherein the first target audio signal comprises a third audio signal (104a or 112) and a fourth audio signal (104b or 112), the third audio signal is the first audio signal that is emitted by the first speaker (104a) and that is received by the first microphone (108), and the fourth audio signal (104b) is the second audio signal that is emitted by the second speaker (104b) and that is received by the first microphone (108). (Paragraphs 24-25, Fig.1A-1B)
Gicklhorn also teaches wherein determining a first audio segment and a second audio segment based on a first target moment and the first target audio signal comprises: determining a fifth time range based on the first target moment and a preset time threshold and determining a sixth time range based on a second target moment and the preset time threshold, wherein the first target moment is determined in the third audio signal based on the target amplitude, the second target moment is determined in the fourth audio signal based on the target amplitude, an end moment of the fifth time range is the first target moment, an end moment of the sixth time range is the second target moment, and both a duration of the fifth time range and a duration of the sixth time range are the present time threshold. (Paragraphs 37-45, Claims 1, 20, Figs.3-6)
Gicklhorn also teaches obtaining the first audio segment from the third audio signal based on the fifth time range, and obtaining the second audio segment from the fourth audio signal based on the sixth time range. (Paragraphs 37-45, Claims 1, 20, Figs.3-6)
Gicklhorn does not explicitly teach multiple microphones receiving audio signals.
Ferren teaches multiple microphones receiving audio signals. (Paragraphs 99-100, Figs.5-6, 8A)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Gicklhorn to incorporate multiple microphones receiving audio signals in order to have multiple microphones with maximum sensitivity of signals that are directed towards the user with the control device therefore improving accuracy.
Regarding claim 32, Gicklhorn teaches wherein the preset time threshold is determined based on a preset distance and a time interval between a moment at which the first speaker generates the first audio signal and a moment at which the second speaker generates the second audio signal. (Paragraphs 33-36, 40, 44, Claims 26)
Regarding claim 33, Gicklhorn teaches wherein determining the relative location between the first device and the second device based on the first arrival moment and the second arrival moment comprises: building a first function based on the first arrival moment and the second arrival moment; and determining the relative location between the first device and the second device based on the first function and a distance between the first speaker and the second speaker. (Paragraphs 22-23, 29, 50)
Gicklhorn does not explicitly teach a first hyperbolic function.
Ferren teaches a first hyperbolic function. (Paragraphs 62, 88)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Gicklhorn to incorporate a first hyperbolic function in order to a location of a control device based on the one or more acoustic signals and the acoustic relay information.
Regarding claim 34, Gicklhorn teaches obtaining a third arrival moment and a fourth arrival moment, wherein the third arrival moment corresponds to a third target wave peak, the fourth arrival moment corresponds to a fourth target wave peak, the third target wave peak has an earliest receiving time in wave peaks whose signal amplitudes are greater than a third preset amplitude in a fifth audio segment, the fourth target wave peak has an earliest receiving time in wave peaks whose signal amplitudes are greater than a fourth preset amplitude in a sixth audio segment, the fifth audio segment is in a second target audio signal and is related to the first audio signal, the sixth audio segment is in the second target audio signal and is related to the second audio signal, and the second target audio signal is obtained by a microphone of the second device based on the first audio signal emitted by the first speaker and the second audio signal emitted by the second speaker; and wherein determining the relative location between the first device and the second device based on the first arrival moment and the second arrival moment comprises: determining the relative location between the first device and the second device based on the first arrival moment, the second arrival moment, the third arrival moment, the fourth arrival moment, a distance between the first speaker and the second speaker, and a distance between the first microphone and the microphone. (Paragraphs 24-25, 37-45, 50, Claims 1, 20, Figs.3-6)
Gicklhorn does not explicitly teach multiple microphones receiving audio signals.
Ferren teaches multiple microphones receiving audio signals. (Paragraphs 99-100, Figs.5-6, 8A)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Gicklhorn to incorporate multiple microphones receiving audio signals in order to have multiple microphones with maximum sensitivity of signals that are directed towards the user with the control device therefore improving accuracy.
Regarding claim 36, Gicklhorn does not explicitly teach wherein the first microphone and a second microphone of the second device comprise: two microphones that are farthest from each other in a plurality of microphones of the second device; two microphones that are in a plurality of microphones of the second device and that each has a difference, greater than a preset distance, between a distance from the first speaker and a distance from the second speaker; or two microphones that are in a plurality of microphones of the second device and that are least blocked by the second device relative to the first speaker and the second speaker.
Ferren teaches wherein the first microphone and a second microphone of the second device comprise: two microphones that are farthest from each other in a plurality of microphones of the second device; two microphones that are in a plurality of microphones of the second device and that each has a difference, greater than a preset distance, between a distance from the first speaker and a distance from the second speaker; or two microphones that are in a plurality of microphones of the second device and that are least blocked by the second device relative to the first speaker and the second speaker. (Paragraphs 99-101, 103, Figs.7-8A)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Gicklhorn to incorporate wherein the first microphone and a second microphone of the second device comprise: two microphones that are farthest from each other in a plurality of microphones of the second device; two microphones that are in a plurality of microphones of the second device and that each has a difference, greater than a preset distance, between a distance from the first speaker and a distance from the second speaker; or two microphones that are in a plurality of microphones of the second device and that are least blocked by the second device relative to the first speaker and the second speaker in order to have multiple microphones with maximum sensitivity of signals that are directed towards the user with the control device therefore improving accuracy.
Regarding claim 41, the claim discloses substantially the same limitations, as claim 31. All limitations as recited have been analyzed and rejected with respect to claim 41, and do not introduce any additional narrowing of the scopes of the claims as analyzed. Therefore, claim 41 is rejected for the same rational over the prior art cited in claim 31.
Regarding claim 42, the claim discloses substantially the same limitations, as claim 32. All limitations as recited have been analyzed and rejected with respect to claim 42, and do not introduce any additional narrowing of the scopes of the claims as analyzed. Therefore, claim 42 is rejected for the same rational over the prior art cited in claim 32.
Regarding claim 44, the claim discloses substantially the same limitations, as claim 36. All limitations as recited have been analyzed and rejected with respect to claim 44, and do not introduce any additional narrowing of the scopes of the claims as analyzed. Therefore, claim 44 is rejected for the same rational over the prior art cited in claim 36.
Allowable Subject Matter
Claims 28-30, 40 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDALLAH ABULABAN whose telephone number is (571)272-4755. The examiner can normally be reached Monday - Friday 7:00am-3:00pm EST.
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/ABDALLAH ABULABAN/Primary Examiner, Art Unit 3645