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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/11/2024 and 10/12/2023 was filed after the mailing date of the Application on 10/12/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 of U.S. Patent No. US 11,816,391, B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitation “future slider position signals that correspond to future times” is not patentably distinct from the limitation “predicted future slider position signals.” One of the ordinary skills in the art before the effective filing date of the application could use the future slider position signals that correspond to future times as predicted future slider position signals.
Claims 6-16 are rejected on the ground of nonstatutory double patenting as being dependent on claim 5.
Claims 17-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 14-16 of U.S. Patent No. US 11,816,391, B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitation “a predicted crossfader signal” is not patentably distinct of the limitation “an accelerated crossfader signal that is a prediction of future slider movement”.
Claim 20 is rejected on the ground of nonstatutory double patenting as being dependent on claim 17.
Instant Application #18379258
US 11,816,391 B2
claim 5, a fade device comprising: a crossfader and mixer interconnected via a processor; a crossfader slider control configured to generate slider signals indicative of actual slider positions; a rotary control connected to the processor; a first direction of rotary control movement configured to create delayed slider position signals; a second direction of rotary control movement configured to create future slider position signals that correspond to future times; a mixer configured to receive a first analog audio input, a second analog audio input, and one of a) the delayed slider position signal or b) the predicted future slider position signal; and, a mixer output configured to combine an audio signal derived from the first audio input and an audio signal derived from the second audio input; wherein the gain of at least one of the derived signals is controlled by the direction of rotary control movement.
2. A fade device comprising: a crossfader and mixer interconnected via a processor; a crossfader slider control for generating slider signals indicative of actual slider positions; a rotary control connected to the processor; a first direction of rotary control movement for creating delayed slider position signals; a second direction of rotary control movement for creating predicted future slider position signals; a mixer for receiving a first analog audio input, a second analog audio input, and one of a) the delayed slider position signal or b) the predicted future slider position signal; and, a mixer output for combining an audio signal derived from the first audio input and an audio signal derived from the second audio input; wherein the gain of at least one of the derived signals is controlled by the delayed slider position signal or the predicted future slider position signal.
claim 17, a fade device for making a transition from a first audio source to a second audio source comprising: a digital processor interconnecting a crossfader and a first mixer; first mixer inputs derived from the first and second audio sources; a first mix that is a combination of the first and second audio sources determined by a processor signal derived from the crossfader; a cued audio signal derived from the first or the second audio source; a modulated cued audio signal that is the cued audio signal after modulation by a predicted crossfader signal; and, a second mixer output that is a combination of the first mix and the modulated cued audio signal.
14. A fade device for making a transition from a first audio source to a second audio source comprising: a digital processor interconnecting a crossfader and a first mixer; first mixer inputs derived from the first and second audio sources; a first mix that is a combination of the first and second audio sources determined by a processor signal derived from the crossfader; a cued audio signal derived from the first or the second audio source; a modulated cued audio signal that is the cued audio signal after modulation by an accelerated crossfader signal that is a prediction of future slider movement; and, a second mixer output that is a combination of the first mix and the modulated cued audio signal.
claim 18, a fade device for making a transition from a first audio source to a second audio source comprising: a digital processor interconnecting a crossfader and a first mixer; first and second audio source outputs processed in first and second voltage controlled amplifiers, at least one amplifier controlled by a signal based on predictions of future positions of a crossfader slider control; cued audio from one of the first audio source, the second audio source, or an output of the first mixer; the cued audio source modulated via a predicted version of the crossfader slider control positions; and, a fade device output from a second mixer that combines the modulated cued audio and a first mixer output of combined signals derived from the first and second voltage controlled amplifier outputs.
15. A fade device for making a transition from a first audio source to a second audio source comprising: a digital processor interconnecting a crossfader and a first mixer; first and second audio source outputs processed in first and second voltage controlled amplifiers, at least one amplifier controlled by an acceleration signal; the acceleration signal based on predictions of future positions of a crossfader slider control; cued audio from one of the first audio source, the second audio source, or an output of the first mixer; the cued audio source modulated via a latent or an accelerated version of the crossfader slider control positions; and, a fade device output from a second mixer that combines the modulated cued audio and a first mixer output of combined signals derived from the first and second voltage controlled amplifier outputs.
claim 19, the fade device of claim 18 further comprising: a modulator, the cued audio source modulated by the modulator; the modulation source providing an indication of time versus playhead positions; the time versus playhead positions indicating what portions of the cued audio will be included in the modulated cued audio; and, the time versus playhead positions indicating the order in which the included portions will be arranged.
16. The fade device of claim 15 further comprising: a modulator, the cued audio source modulated by the modulator; the modulation source providing an indication of time versus playhead positions; the time versus playhead positions indicating what portions of the cued audio will be included in the modulated cued audio; and, the time versus playhead positions indicating the order in which the included portions will be arranged.
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hattori (US 2011/0317851 A1) in view of Norio et al (JPH0689501A).
Regarding claim 1, Hattori discloses a fade device comprising: a processor configured to receive a crossfader signal and (Hattori; Fig 1; processor 4 configured to receive a crossfader signal from crossfader 5); a mixer configured to receive a first analog audio input, a second analog audio input, and a processed crossfader signal (Hattori; Fig 1; Para [0034]; mixer 2 configured to receive a first analog audio input from INPUT CH1, a second analog audio input INPUT CH2, and a processed crossfader signal from crossfader 5); the processor coupled to a mixer (Hattori; Fig 1; processor 4 coupled to mixer 2); and, a mixer output configured to combine an audio signal derived from the first audio input and an audio signal derived from the second audio input (Hattori; Fig 1; mixer 2 output combines audio signal derived from INPUT CH1 and INPUT CH2); wherein a gain of at least one of the derived signals is controlled at least in part by the processed crossfader signal (Hattori; Para [0035]; mixing ratio interpreted as gain); but do not expressly disclose a rotary control signal. However, in the same field of endeavor, Norio et al disclose comprising a processor configured to receive a rotary control signal (Norio et al; Page 2; lines 20-40; rotation sensor outputs rotation signal). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the rotary signal taught by Norio et al to mix the captured and synthesized audio taught by Hattori. The motivation to do so would have been to generate freely a sound effect (Norio et al; Page 1; lines 25-40).
Regarding claim 2, Hattori in view of Norio et al disclose the fade device of claim 1; but do not expressly disclose wherein: a first direction of rotary control movement delays the crossfader signal such that the crossfader signal is delayed in time; and, a second direction of rotary control movement predicts a future crossfader signal such that the crossfader signal is a prediction corresponding to a future time. However, in the same field of endeavor, Norio et al disclose a device wherein: a first direction of rotary control movement delays the crossfader signal such that the crossfader signal is delayed in time (Norio et al; Page 3; lines 15-45; reverse direction of fader delays data that are affected by crossfader signal; Page 2; lines 20-40 ); and, a second direction of rotary control movement predicts a future crossfader signal such that the crossfader signal is a prediction corresponding to a future time (Norio et al; Page 3; lines 15-45; forward direction of fader controls future input data by crossfader signal; Page 2; lines 20-40). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the rotary signal taught by Norio et al to mix the captured and synthesized audio taught by Hattori. The motivation to do so would have been to generate freely a sound effect (Norio et al; Page 1; lines 25-40).
Regarding claim 3, Hattori discloses a fade device comprising: a processor configured to receive a signal from a crossfader signal (Hattori; Fig 1; processor 4 configured to receive a crossfader signal from crossfader 5); a mixer configured to receive a first analog audio input, a second analog audio input, and a processed crossfader signal (Hattori; Fig 1; Para [0034]; mixer 2 configured to receive a first analog audio input from INPUT CH1, a second analog audio input INPUT CH2, and a processed crossfader signal from crossfader 5); and, the processor coupled to a mixer (Hattori; Fig 1; processor 4 coupled to mixer 2); a mixer output that combines first and second signals derived from the first and second audio inputs (Hattori; Fig 1; mixer 2 output combines audio signal derived from INPUT CH1 and INPUT CH2) but do not expressly disclose and a signal from a rotary control; wherein a first direction of rotary control movement delays the crossfader signal resulting in a delayed crossfader signal, a second direction of rotary control movement predicts a future crossfader signal that corresponds to a future time resulting in a predicted crossfader signal, a mixer output that combines first and second signals derived from the first and second audio inputs, the derivations being influenced by the delayed or predicted crossfader signals. However, in the same field of endeavor, Norio et al disclose a device comprising a signal from a rotary control (Norio et al; Page 2; lines 20-40; rotation sensor outputs rotation signal) wherein a first direction of rotary control movement delays the crossfader signal resulting in a delayed crossfader signal (Norio et al; Page 3; lines 15-45; reverse direction of fader delays data that are affected by crossfader signal; Page 2; lines 20-40); and, a second direction of rotary control movement predicts a future crossfader signal such that the crossfader signal is a prediction corresponding to a future time a second direction of rotary control movement predicts a future crossfader signal that corresponds to a future time resulting in a predicted crossfader signal (Norio et al; Page 3; lines 15-45; forward direction of fader controls future input data by crossfader signal; Page 2; lines 20-40) a mixer output that combines first and second signals derived from the first and second audio inputs, the derivations being influenced by the delayed or predicted crossfader signals (Norio et al; Page 2; lines 35-50). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the rotary signal taught by Norio et al to mix the captured and synthesized audio taught by Hattori. The motivation to do so would have been to generate freely a sound effect (Norio et al; Page 1; lines 25-40).
Regarding claim 4, Hattori in view of Norio et al disclose the fade device of claim 3 wherein the influence is gain (Hattori; Para [0035]; mixing ratio interpreted as gain influences the mixing of the audio input channel).
Conclusion
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/KUASSI A GANMAVO/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692