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 .
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.
Claim(s) 1-2, 4-8, 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okabayashi (US2013/0322654) in view of Oishi et al (US2015/0189441) and Yuasa et al (US2022/0073092).
Consider claims 1, 10. Okabayashi teaches a signal processing device (see fig 1) for reproducing a musical piece from one or more loudspeakers (multiple speakers 5k), the signal processing device comprising: an obtainer that obtains data of a plurality of tracks that constitute the musical piece (para 3, It is thereby possible to adjust each of volumes and pans of respective instrumental sounds such as a drum, bass, guitar, piano and the like, and vocal recorded separately at a music creation time, to add effects on the vocal, and to add different effects on the respective instruments. By utilizing the functions, sound quality of each audio signal can be finely adjusted in music creation); and an outputter (fig. 4, mixer 5a and amplifier 4) that outputs an acoustic signal included in data of other tracks other than the first track data among the data of plurality of tracks to any loudspeaker among the one or more loudspeakers (fig. 4, para 33, 39-41: The mixed audio signals from the respective buses of the M pieces of mixing buses 33 are respectively outputted to output channels 35-1, 35-2, 35-3, . . . , 35-M of an output channel section 35 having M output channels. The respective output channels 35-1 to 35-N adjust characteristics such as frequency balance of the audio signal supplied from the corresponding mixing buses by equalizers, compressors, and the like, and output the adjusted audio signals to an output patch 37 as output channel signals Mix.1, Mix.2, Mix.3, Mix.M). Okabayashi further teaches that the outputter that outputs, to any loudspeaker among the one or more loudspeakers, an acoustic signal other than the kick drum included in the data of the drum track (para 3), and the acoustic signal of the kick drum has a lower frequency than the acoustic signal other than the kick drum (para 44, 49, The equalizer 44 is an equalizer adjusting frequency characteristics of the input digital audio signal, and for example, adjusts frequency characteristics of four bands of HI, MID HI, LOW MID, and LOW, respectively; The equalizer 51 is an equalizer adjusting frequency characteristics of the digital audio signal, and for example, adjusts frequency characteristics of six bands of HI, MID HI, MID, LOW MID, LOW, and SUB MID, respectively). It would have been obvious to one skilled in the art that para 3, 44, 49 suggest the output channels in fig. 4 can be selected to produce sounds such as drum, bass, guitar, piano at any frequency.
Okabayashi does not explicitly teach one or more actuators, and an outputter that outputs an acoustic signal included in first track data being data of one track among data of the plurality of tracks to the one or more actuators.
Oishi teaches the use of one or more actuators, and an outputter that outputs an acoustic signal included in first track data being data of one track among data of the plurality of tracks to the one or more actuators (fig. 2, para 32).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Oishi into the teachings of Okabayashi in order to provide means for a person to detect which direction a bass frequency sound is coming from because the wavelength associated with bass frequency sound is larger than the distance between a person's ears.
Okabayashi in view of Oishi an outputter that outputs to any loudspeaker among the one or more loudspeakers located higher than the first actuator, an acoustic signal other than the kick drum included in the data of the drum track.
Yuasa teaches reproducing a musical piece from one or more loudspeakers and one or more actuators (speakers 5a-c) that are provided in a seat (fig 3). Moreover, Okabayashi’s para 3, 44, 49 suggest the output channels in fig. 4 can be selected to produce sounds such as drum, bass, guitar, piano at any frequency. Oishi and Yuasa teach the use of both speakers and tactile devices (actuators). It would have been obvious that selecting any loudspeaker among the one or more loudspeakers located higher than the first actuator, to produce an acoustic signal other than the kick drum included in the data of the drum track being within the level of one skilled in the art. The modifications would only involve mere mechanical skill.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Yuasa into the teachings of Okabayashi in view of Oishi in order to provide a pattern that prompts a driver to sleep from an output device of a vehicle through at least one of sight, hearing, or touch, it is possible to provide an in-vehicle environment that prompts the driver to sleep.
Consider claim 2. Okabayashi further teaches the outputter: outputs to any loudspeaker among the one or more loudspeakers, an acoustic signal included in data of a track other than the drum track among the plurality of tracks (para 3, It is thereby possible to adjust each of volumes and pans of respective instrumental sounds such as a drum, bass, guitar, piano and the like, and vocal recorded separately at a music creation time, to add effects on the vocal, and to add different effects on the respective instruments. By utilizing the functions, sound quality of each audio signal can be finely adjusted in music creation; para 44, 49, The equalizer 44 is an equalizer adjusting frequency characteristics of the input digital audio signal, and for example, adjusts frequency characteristics of four bands of HI, MID HI, LOW MID, and LOW, respectively; The equalizer 51 is an equalizer adjusting frequency characteristics of the digital audio signal, and for example, adjusts frequency characteristics of six bands of HI, MID HI, MID, LOW MID, LOW, and SUB MID, respectively). It would have been obvious to one skilled in the art that para 3, 44, 49 suggest the output channels in fig. 4 can be selected to produce sounds such as drum, bass, guitar, piano at any frequency.
Consider claim 4. Okabayashi in view of Oishi and Yuasa further teach wherein the one or more actuators include the first actuator, and the outputter outputs, to the first actuator, an acoustic signal of the kick drum included in data of the drum track among the data of the plurality of tracks. For instance, Okabayashi’s para 3, 44, 49 suggest the output channels in fig. 4 can be selected to produce sounds such as drum, bass, guitar, piano at any frequency. Oishi and Yuasa teach the use of both speakers and tactile devices (actuators). It would have been obvious that selecting any loudspeaker among the one or more loudspeakers located higher than the first actuator, to produce an acoustic signal other than the kick drum included in the data of the drum track being within the level of one skilled in the art. The modifications would only involve mere mechanical skill.
Consider claim 5. Okabayashi in view of Oishi and Yuasa further teach wherein the one or more actuators include the second actuator, and the outputter outputs, to the second actuator, an acoustic signal of the kick drum included in data of the drum track among the data of the plurality of tracks. For instance, Okabayashi’s para 3, 44, 49 suggest the output channels in fig. 4 can be selected to produce sounds such as drum, bass, guitar, piano at any frequency. Oishi and Yuasa teach the use of both speakers and tactile devices (actuators). It would have been obvious that selecting any loudspeaker among the one or more loudspeakers located higher than the first actuator, to produce an acoustic signal other than the kick drum included in the data of the drum track being within the level of one skilled in the art. The modifications would only involve mere mechanical skill.
Consider claim 6. Okabayashi further teaches wherein the one or more loudspeakers include the first loudspeaker, and the outputter outputs, to the first loudspeaker, an acoustic signal included in data of a bass track among the data of the plurality of tracks (see para 3, 44, 49).
Consider claim 7. Okabayashi further teaches wherein the one or more loudspeakers include the second loudspeaker, and the outputter outputs, to the second loudspeaker, an acoustic signal of a snare drum included in data of the drum track (it would have been obvious to one skilled in the art that the signal of a hi-hat included in the drum track), an acoustic signal included in data of a bass track, and an acoustic signal included in data of a vocal track, the data of the drum track, the data of the bass track, and the data of the vocal track being included among the data of the plurality of tracks (see para 3, 44, and 49).
Consider claim 8. Okabayashi further teaches the one or more loudspeakers include the third loudspeaker or It is thereby possible to adjust each of volumes and pans of respective instrumental sounds such as a drum, bass, guitar, piano and the like, and vocal recorded separately at a music creation time, to add effects on the vocal, and to add different effects on the respective instruments. By utilizing the functions, sound quality of each audio signal can be finely adjusted in music creation); and an acoustic signal of a hi-hat (it would have been obvious to one skilled in the art that the signal of a hi-hat included in the drum track) included in data of the drum track (para 3, It is thereby possible to adjust each of volumes and pans of respective instrumental sounds such as a drum, bass, guitar, piano and the like, and vocal recorded separately at a music creation time, to add effects on the vocal, and to add different effects on the respective instruments. By utilizing the functions, sound quality of each audio signal can be finely adjusted in music creation).
Consider claim 11. Okabayashi further teaches wherein the one or more actuators generate vibrations corresponding to an acoustic signal included in data of one track among a plurality of tracks constituting the musical piece (para 3, It is thereby possible to adjust each of volumes and pans of respective instrumental sounds such as a drum, bass, guitar, piano and the like, and vocal recorded separately at a music creation time, to add effects on the vocal, and to add different effects on the respective instruments. By utilizing the functions, sound quality of each audio signal can be finely adjusted in music creation), and the one or more loudspeakers reproduce an acoustic signal included in data of another track among the plurality of tracks (fig. 4, para 33, 39-41: The mixed audio signals from the respective buses of the M pieces of mixing buses 33 are respectively outputted to output channels 35-1, 35-2, 35-3, . . . , 35-M of an output channel section 35 having M output channels. The respective output channels 35-1 to 35-N adjust characteristics such as frequency balance of the audio signal supplied from the corresponding mixing buses by equalizers, compressors, and the like, and output the adjusted audio signals to an output patch 37 as output channel signals Mix.1, Mix.2, Mix.3, Mix.M).
Consider claim 12. Yuasa further teaches wherein the one or more loudspeakers and the one or more actuators are integrated into a single loudspeaker box (speakers 5a-c) that are provided in a single seat (fig 3).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okabayashi (US2013/0322654) in view of Oishi et al (US2015/0189441) and Yuasa et al (US2022/0073092) as applied to claim 1 above, and further in view of Bender (US2011/0251535).
Consider claim 3. Yuasa further teaches the one or more loudspeakers include: a first loudspeaker provided inside the seat back of the seat, at a position corresponding to an abdominal region of the person when the person is seated on the seat (fig. 3, 5a); a second loudspeaker provided inside the seat back of the seat, at a position corresponding to a back of the person when the person is seated on the seat (see fig. 3, 5bc).
Okabayashi in view of Oishi and Yuasa does not explicitly teach the use of loudspeaker provided inside a headrest of the seat; and the one or more actuators include: a first actuator provided inside a seating surface of the seat, at a position corresponding to thighs of a person when the person is seated on the seat; or a second actuator provided inside a seat back of the seat, at a position corresponding to a sacrum of the person when the person is seated on the seat.
Bender teaches the use of loudspeaker provided inside a headrest of the seat (actuator or speaker 150 -1, see fig. 2, 8 of Bender). Bender also teaches the one or more actuators include: a first actuator provided inside a seating surface of the seat, at a position corresponding to thighs of a person when the person is seated on the seat (fig. 2, 150-3); or a second actuator provided inside a seat back of the seat, at a position corresponding to a sacrum of the person when the person is seated on the seat (fig. 2, 150-2).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Bender into the teachings of Okabayashi in view of Oishi and Yuasa, so that an individual is physically relaxed while seated on the apparatus and physically stimulated (para 0005 of Bender).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okabayashi (US2013/0322654) in view of Oishi et al (US2015/0189441) and Yuasa et al (US2022/0073092) and Bender (US2011/0251535) as applied to claim 3 above, and further in view of Zhu et al (US2024/0385799).
Consider claim 9. Okabayashi in view of Oishi, Yuasa and Bender does not teach the one or more loudspeakers include the third loudspeaker or
Zhu teaches the use of ultrasonic speaker in audio reproducing system (para 0009 and 0076).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Zhu into the teachings of Okabayashi in view of Oishi, Yuasa and Bender in order to allow the audio device corresponding to the networking packet to be configured to play audio of the audio channel indicated by the direction corresponding to the first gesture (see the abstract of Zhu).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okabayashi (US2013/0322654) in view of Oishi et al (US2015/0189441) and Yuasa et al (US2022/0073092) as applied to claim 12 above, and further in view of Cho (KR 20180090229A).
Consider claim 13. Okabayashi in view of Oishi and Yuasa does not explicitly teach wherein the speaker box includes a partition that separates the one or more actuators from the one or more loudspeakers within the loudspeaker box.
Cho teaches wherein the speaker box includes a partition that separates the one or more actuators from the one or more loudspeakers within the loudspeaker box (FIG. 8 shows an internal configuration of a hearing aid earpiece 100 having a dual converter according to the present invention. The ear piece (100) of the present invention has three compartments in its interior. The compartment space includes an ear speaker arrangement space 175 provided in the outer direction of the ear piece 100; A bone conduction transducer disposing space 177 formed in a direction opposite to the speaker disposing space 175, and a battery disposing space 176, each of which is provided with a partition wall. A ear piece 180 is disposed between the ear speaker placement space 175, the bone conduction converter placement space 177, and the battery placement space 176).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Cho into the teachings of Okabayashi in view of Oishi and Yuasa in order to provide an ear speaker transmitting a sound wave to an external ear through an open path; and a bone conduction converter transmitting a sound wave by vibration of a skull, thereby providing a sound of high fidelity to a user.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DUC M NGUYEN whose telephone number is (571)272-7503. The examiner can normally be reached 6:30AM-3:45PM.
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, Duc M. Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DUC M. NGUYEN
Supervisory Patent Examiner
Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691