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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/29/2026 has been entered. Applicant’s submission of a response on 6/29/2026 has been received and considered. In the response, Applicant amended claims 1, 3, 4, 11 and 13; cancelled claims 19 and 20; and added new claims 21 - 22. Therefore, claims 1- 18 and 21 – 22 are pending.
Claim Rejections - 35 USC § 102
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.
Claims 1 – 8 and 21 - 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greff et al. (US Pub. No. 2023/0066209 A1).
As per claim 1, Greff et al. discloses a method comprising: receiving, by a device, a game data stream for an electronic game, wherein the game data stream includes game data for at least one user of the electronic game (see [0035], [0163], [1064]); analyzing, by the device, a performance of the at least one user using the game data stream (see [0253], [0035]) and determining, by the device, at least one sound cue for the at least one user of the electronic game, wherein the at least one sound cue is determined based on the performance of the at least one user, and independently of game code execution of the electronic game (the Accessory Management Software (AMS) application can be configured to track the performance of a gamer and adapt a threshold as the game improves or declines in performance, [0253], individual sounds within the game audio may be analyzed and identified, such as by a neural network, and enhanced to give the gamer an improved audio experience and a competitive advantage in playing the video game, see [0035], The AMS determines and enhances the sound(s) on the basis of the tracked user performance, operating upon the game audio and data stream as an accessory-management application and independently of execution of the electronic game’s own code); and updating, by the device, the game data stream for the at least one user of the electronic game to include the at least one sound cue (See [0035], [0163] and [1064]) and controlling, by the device, output of the game data stream and the at least one sound cue (see [0035], [0163], [0164]).
As per claim 2, Greff et al. discloses receiving the game data stream includes identifying at least one sound asset of the game data stream for the at least one user, and wherein updating the game data stream includes replacing the at least one sound asset with the at least one sound cue (see [0120] and [0124]).
As per claim 3, Greff et al. discloses analyzing performance of the at least one user includes tracking user performance for the electronic game a for a period of time and determining a performance rating for the user for a period of time associated with a received game data stream (see [0253]).
As per claim 4, Greff et al. discloses the at least one sound cue includes at least one sound effect added to audio data of the game data stream and indicates a user performance level rather than a current game state (see [0044] and [0254], Greff’s AMS adds and enhances an independent sound layer, keyed to the tracked user performance, that communicates a user performance level).
As per claim 5, Greff et al. discloses the at least one sound cue is a control setting for control of at least one of game sound effect volume and game chat volume (see [0225]).
As per claim 6, Greff et al. discloses the at least one sound cue is generated to include a sound effect for at least one of excited approval and a disapproval sound (see [0225]).
As per claim 7, Greff et al. discloses the at least one sound cue is generated to indicate user performance relative to multiplayer users of a gaming session (see [0225]).
As per claim 8, Greff et al. discloses updating the game data stream for the at least one user of the electronic game includes reducing volume of the game data stream for a period of time associated with poor user performance (see [0184], [0225] and [0253]).
As per claim 9, Greff et al. discloses updating a game data stream includes at least one of embedding and adding a sound component of a sound cue to a game data stream for output (see [0127] and [0146]).
As per claim 10, Greff et al. discloses detecting a user reaction to the sound cue and controlling a game data stream based on the user reaction (see [0280] – [0282]).
As per claim 21, Greff et al. discloses determining the at least one sound cue comprises correlating a fluctuation in the performance with a change in an audio characteristic of the at least one sound cue (adapts a threshold as the gamer improves or declines in performance (a fluctuation in the performance) and correspondingly analyzes and enhances individual sounds within the game audio (a change in an audio characteristic of the at least one sound cue), see [0253] and [0035]).
As per claim 22, Greff et al. discloses determining the at least one sound cue comprises processing the game data stream using a machine learning model to dynamically generate or select the at least one sound cue based on a current gameplay state (analyzes and identifies individual sounds within the game audio, such as by a neural network, and enhances those sounds, see [0035]).
As per claims 11 – 18, the instant claims are a device in which corresponds to the method of claims 1 – 10. Therefore, it is rejected for the reason set forth above.
Response to Arguments
Applicant's arguments filed on 6/29/2026 have been fully considered but they are not persuasive.
Applicant argues on p.6 – 7 that that the audio changes in Greff occur only as a consequence of a native game engine executing its own code to shift environmental variables through an automated difficulty loop, such that Greff’s audio is dependent upon game code execution, whereas amended claims 1 and 11 require that the sound cue be determined independently of game code execution. The Examiner respectfully disagrees.
The rejection does not rely on native, engine-generated environmental audio produced by execution of the game’s own code. Rather, the rejection relies on the Accessory Management Software (AMS) (a software application separate and distinct from the electronic game itself) which tracks the performance of a gamer and adapts a threshold as the gamer improves or declines in performance ([0253]), and analyzes and identifies individual sounds within the game audio, such as by a neural network, and enhances those sounds ([0035]).
Geoff further discloses the AMS operates upon the game audio and data stream as a distinct accessory-management application. The determination and enhancement of the individual sound or sounds (at least one sound cue) is performed by the AMS on the basis of the tracked user performance and independently of execution of the electronic game’s own code. The AMS analyzes and enhances sounds present within the audio stream rather than requiring the game engine to execute the game’s code in order to generate them.
Further, Applicant argues that the audio modifications of Greff indicate a current game state rather than a user performance level. The Examiner respectfully disagrees. Greff discloses providing to an user audible comparisons of performance and adapting a sound-related threshold as the gamer’s performance improves. The AMS adds and enhances an independent sound layer, keyed to the tracked user performance, that communicates a user performance level, an improved audio experience and competitive advantage tied to the gamer’s tracked performance, rather than merely reflecting a current game state. Therefore, the 102 rejection above is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKIT B DOSHI whose telephone number is (571)270-7863. The examiner can normally be reached Mon - Fri. ~8:30 - ~5:30.
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/ANKIT B DOSHI/Examiner, Art Unit 3715
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