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 .
Election/Restrictions
Applicant's election with traverse of Group I claims 1 - 11 and 18 - 20 in the reply filed on November 3, 2025 is acknowledged. The traversal is on the ground(s) that “all of the conditions for restriction of related invention according to MPEP § 806.05(j) are not met,” page 7 of the Remarks. This is not found persuasive because while Applicant argues that “independent claims 1 and 12 are capable of use together” the restriction requirement as acknowledged Applicant states “related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants,” emphasis added by the Examiner. As explicitly stated on page 2 of the requirement for restriction Dated September 5, 2025, “In the instant case, the inventions as claimed have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants,” emphasis added. The requirement is still deemed proper and is therefore made FINAL.
Claims 12 – 17 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on November 3, 2025.
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 – 9, 11, and 18 – 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsuyama (US 2016/0360315 A1), hereinafter Marsuyama, in view of Yang et al. (US 2016/0063850 A1), hereinafter Yang.
Claim 1: Marsuyama discloses a method, comprising:
obtaining, by a first process at an electronic device, audio content (see at least, “An audio apparatus 10 according to an embodiment of the present invention includes a signal processor 20 for receiving an audio signal from a sound source and processing the received audio signal,” Marsuyama [0030]) and corresponding power information for an upcoming audio content to be output by a speaker of electronic device (see at least, “an output level monitoring unit 28 for monitoring the level of an audio signal to be output from the signal processor 20,” Marsuyama [0031], “The output level monitoring unit 28 monitors the output level of an audio signal to be output from the signal processor 20 and the presence of an audio signal to be supplied to each channel of the power amplifier 30 on the basis of a result of processing of the signal processing unit 22. For example, in a case where all channels of the power amplifier 30 are used, the signal processor 20 outputs audio signals corresponding to these channels. The output level monitoring unit 28 preferably calculates not the peak value of an audio signal but the root-mean-square value of an audio signal and outputs a result of the calculation as one of the monitoring results,” Marsuyama [0033]).
providing the power information for the audio content from the first process to a second process at the electronic device (see at least, “A monitoring result P of the output level monitoring unit 28 is transmitted to a current consumption prediction unit 52 in the controller 50,” Marsuyama [0033], “The prediction unit preferably predicts power consumption on the basis of the number of channels used,” Marsuyama [0013]);
receiving, at the first process from the second process responsive to providing the power information, power budget information (see at least, “The current consumption prediction unit 52 predicts current consumption on the basis of a monitoring result of the output level monitoring unit 28 and a result of weighting of the weighting unit 60 and supplies a prediction result to the limiter control unit 54. The limiter control unit 54 controls the limiter 24 on the basis of current consumption predicted by the current consumption prediction unit 52,” Marsuyama [0039]);
determining, by the first process and based on the power budget information, whether to output the audio content or different audio content (see at least, “the limiter control unit 54 outputs a limiter control signal S used to control the limiter 24 in a normal mode. In a case where the predicted current consumption exceeds the target current, the limiter control unit 54 outputs a limiter control signal S used to control the limiter 24 in a current limiting mode,” Marsuyama [0039]); and
outputting, by the speaker of the electronic device and based on the determining, the audio content or the different audio content (see at least, “The gain adjustment unit 110 in the limiter 24 changes a threshold value and an attenuation speed in accordance with the received limiter control signal S. That is, in the normal mode, a threshold value is decreased and an attenuation speed is increased,” Marsuyama [0041], “On the other hand, unlike in the normal mode in which sound quality is emphasized, in the current limiting mode, it is necessary to reduce current consumption as soon as possible to prevent the occurrence of a blowout of a fuse,” Marsuyama [0042]).
Marsuyama does not disclose the audio content is an audio alert and therefore audio content as the audio alert. However, Yang discloses in a similar invention pertaining to power conservation where the audio content is an alert and therefore the audio content as an audio alert (see at least, “In some cases, one or more sensors are configured to detect a current battery level, which can, optionally be used to select an alert mode that conserves power or reduced peak power usage. For example, by separating the timing of audio and haptic alert components of an alert the peak power output may be reduced. Also, by reducing the amplitude of audio and/or haptic alert components, the peak power output may be reduced,” Yang [0030]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the audio content in Marsuyama to be an audio alert as disclosed by Yang since having an electronic device include “an ability to notify a user particular item of interest, such as, for example, an incoming phone call, or [may] otherwise attempt to gain the user's attention through the use of an alarm or signal,” Yang [0003], would be advantageous in the electronic devices disclosed by Marsuyama (see at least, Marsuyama [0029]).
Claim 2: Marsuyama and Yang disclose the method of claim 1, wherein the first process comprises an application process (see at least, “an output level monitoring unit 28 for monitoring the level of an audio signal to be output from the signal processor 20,” [0031]) and the second process comprises a system-level process (see at least, “a speaker/amplifier information unit 56 for storing information about specifications (for example, power consumption and rated power) of the power amplifier 30 and the speaker 40, a power supply voltage monitoring unit 58 for monitoring a power supply voltage, and a weighting unit 60 for assigning weights to the current consumption prediction unit 52 on the basis of a result of storage of the speaker/amplifier information unit 56 and/or a monitoring result of the power
supply voltage monitoring unit 58,” Marsuyama [0035]).
Claim 3: Marsuyama and Yang disclose the method of claim 1, wherein the power budget information comprises an approval (see at least, “normal mode,” S320, FIG. 3) or a disapproval of the audio content (see at least, “current limiting mode,” S330, FIG. 3), based on the power information and current power state information for the electronic device (see at least, “FIG. 11 is a flowchart describing a current control process according to the third embodiment. First, as described in the first embodiment, it is determined whether current consumption predicted by the current consumption prediction unit 52 exceeds a target current (S300). In a case where predicted current consumption exceeds the target current, the limiter control unit 54 controls the limiter 24 in the current limiting mode (S330). In a case where predicted current consumption does not exceed the target current, it is detected whether a voltage drop monitored by the power supply voltage monitoring unit is equal to or larger than a predetermined value as described in the second embodiment (S310). In a case where a monitored voltage drop is equal to or larger than the predetermined value, the limiter control unit 54 controls the limiter 24 in the current limiting mode (S330). In a case where the predicted current consumption does not exceed the target current and the monitored voltage drop is not equal to or larger than the predetermined value, the limiter control unit 54 controls the limiter 24 in the normal mode (S320). Thus, according to the third embodiment, in a case where one of predicted current consumption and a drop in power supply voltage satisfies the respective condition, the limiter 24 is controlled in the current limiting mode,” Marsuyama [0056]).
Claim 4: Marsuyama and Yang disclose the method of claim 3, wherein the power information for the audio content comprises a predetermined amount of power to be consumed by the electronic device to output the audio content (see at least, “The prediction unit preferably predicts power consumption on the basis of the number of channels used,” Marsuyama [0013]).
Claim 5: Marsuyama and Yang disclose the method of claim 4, wherein power information for the different audio content comprises a different predetermined amount of power to be consumed by the electronic device to output the different audio content, and wherein the different predetermined amount of power is less than the predetermined amount of power for the audio content (see at least, “FIG. 4 is a flowchart illustrating a current control process performed by an audio apparatus according to an embodiment of the present invention. When the operation of an audio apparatus is started, the current consumption prediction unit 52 predicts current consumption on the basis of a monitoring result of the output level monitoring unit 28 and a monitoring result of the power supply voltage moni-taring unit 58 (S100). Subsequently, the limiter control unit 54 determines whether the predicted current consumption exceeds a target current (S110). As described previously, a target current is determined in accordance with the rated current of a fuse. For example, when the rated current of a fuse is 40 A, a target current may be set to a value equal to or less than 40 A, for example, 30 A. In a case where the limiter control unit 54 determines that the predicted current consumption exceeds the target current, the limiter control unit 54 selects a current limiting mode in which a current limiting is emphasized (S120),” Marsuyama [0040], “On the other hand, unlike in the normal mode in which sound quality is emphasized, in the current limiting mode, it is necessary to reduce current consumption as soon as possible to prevent the occurrence of a blowout of a fuse,” Marsuyama [0042].
Claim 6: Marsuyama and Yang disclose the method of claim 1 wherein the different audio content comprises a modification of the audio content (see at least, “For example, the signal processing unit 22 decodes a coded audio signal and performs surround processing upon an audio signal. The limiter 24 controls the level of an input audio signal. FIG. 3A is an equivalent circuit diagram of the limiter 24. The limiter 24 includes an amplifier 100 for receiving an audio signal Sin, amplifying or attenuating the audio signal Sin, and outputting an audio signal Sout and a gain adjustment unit 110 for adjusting a gain Gn of the amplifier 100 using a threshold value,” Marsuyama [0032], Marsuyama FIG. 3A).
Claim 7: Marsuyama and Yang disclose the method of claim 6, wherein the modification of the audio content comprises an increase in a gap between portions of the audio content (see at least, “In some cases, one or more sensors are configured to detect a current battery level, which can, optionally be used to select an alert mode that conserves power or reduced peak power usage. For example, by separating the timing of audio and haptic alert components of an alert the peak power output may be reduced. Also, by reducing the amplitude of audio and/or haptic alert components, the peak power output may be reduced,” Yang [0030],“In some implementations, an alert mode is selected as having a visual component that corresponds to the detected acoustic level. For example, the alert mode may include a visual component, such as a beacon or strobe having an intensity or frequency that corresponds to the detected acoustic level. In some instances, one or more components (audio, haptic, visual) are used in conjunction with another component to produce an appropriate level of stimulation to the user, depending on the environmental conditions,” Yang [0075]).
Claim 8: Marsuyama and Yang disclose the method of claim 6, wherein the modification of the audio content comprises a decrease in a duration of a peak-intensity portion of the audio content (see at least, “Under the present circumstances, a digital signal processor (DSP) for performing signal processing for an audio apparatus reduces power consumption by estimating the value of an output current and decreasing the threshold value (amplitude) of a limiter so as to prevent an output current from exceeding a predetermined value or by measuring a voltage across a small resistor inserted into a power-supply line to measure a current and decreasing the threshold value (amplitude level) of a limiter at the time of occurrence of a large current,” Marsuyama [0006]).
Claim 9: Marsuyama and Yang disclose the method of claim 6, wherein the modification of the audio content comprises an increase in a taper of a portion of the audio content (see at least, “In the case of Th<Sout, the gain adjustment unit 110 increases the gain Gn,” Marsuyama [0032]).
Claim 11: Marsuyama and Yang disclose the method of claim 1, wherein determining, by the first process and based on the power budget information, whether to output the audio content or different audio content prevents a voltage provided by a power source for the electronic device from drooping below a threshold while outputting the audio alert (see at least, “FIG. 10 is a flowchart describing a current control process performed by an audio apparatus according to the second embodiment. The power supply voltage monitoring unit 58 monitors the voltage of a power-supply line extending from a battery to an audio apparatus at regular intervals of, for example, 1 ms (S200). Subsequently, the power supply voltage monitoring unit 58 detects whether a voltage drop at the power-supply line is equal to or larger than a predetermined value (S210). This predetermined value corresponds to the level of a voltage drop when a large current flows through the audio apparatus, that is, the level of a voltage drop when current consumption exceeds a target current. For example, in a case where a battery supplies a power supply voltage of 12 V, a voltage drop of approximately 1 V is detected. The power supply voltage monitoring unit 58 supplies a detection result to the limiter control unit 54. The limiter control unit 54 controls the limiter 24 in the current limiting mode in a case where it has been detected that a voltage drop is equal to or larger than the predetermined value (S220) and controls the limiter 24 in the normal mode in a case where it has not been detected that a voltage drop is equal to or larger than the predetermined value (S230),” Marsuyama [0053], Marsuyama FIG. 10, “Under the present circumstances, a digital signal processor (DSP) for performing signal processing for an audio apparatus reduces power consumption by estimating the value of an output current and decreasing the threshold value (amplitude) of a limiter so as to prevent an output current from exceeding a predetermined value or by measuring a voltage across a small resistor inserted into a power-supply line to measure a current and decreasing the threshold value (amplitude level) of a limiter at the time of occurrence of a large current,” Marsuyama [0006]).
Claims 18 – 20 are directed to an electronic device comprising: a speaker; and one or more processors configured to perform the method substantially similar in scope to claims 1, 2, 3, and 5, respectively, and therefore is rejected for the same reasons (see also at least, “FIG. 2 is a block diagram illustrating an exemplary configuration of an audio apparatus according to a first embodiment of the present invention. An audio apparatus 10 according to an embodiment of the present invention includes a signal processor 20 for receiving an audio signal from a sound source and processing the received audio signal, a power amplifier 30 for amplifying an audio signal output from the signal processor 20, a speaker 40 for converting an audio signal output from the power amplifier 30 into audible sound, and a controller 50 for controlling the signal processor 20,” Marsuyama [0030], Marsuyama FIG. 2)
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marsuyama and Yang in view of Zhao et al. (US 2021/0120351A1), hereinafter Zhao.
Claim 10: Marsuyama and Yang disclose the method of claim 1, but do not disclose wherein the audio content comprises a first predetermined pattern of sounds and wherein the different audio content comprises a second, different, predetermined pattern of sounds. However, Zhao discloses in regards to dynamic power/current allocation among groups of audio amplifiers wherein the audio content comprises a first predetermined pattern of sounds and wherein the different audio content comprises a second, different, predetermined pattern of sounds (see at least, “An input source 16 represents a source of multiple audio or haptic vibratory pattern signals, that is reproduced by corresponding transducers TD1-TD4,” Zhao [0015]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the multiple aforementioned pattern signals of Zhao in the invention of Marsuyama and Yang thereby allowing for selection of reproduceable pattern signals “within the system power budget available from battery 18,” Zhao [0015] for reproduction “without distortion or limiting of the current or power supplied by the individual power output stages 12A-12D to corresponding transducers TD1-TD4,” Zhao [0015] as taught by Zhao in the invention of Marsuyama and Yang.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH SAUNDERS whose telephone number is (571)270-1063. The examiner can normally be reached Monday-Thursday, 9:00 a.m. - 4 p.m., EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn R Edwards can be reached at (571)270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH SAUNDERS JR/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692