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 . This Office action is based on the communications filed October 17, 2023. Claims 1 – 20 are currently pending and considered below.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on October 17, 2023, April 17, 2024, December 12, 2024, and September 15, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the duration" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 introduces “a second time interval” however the claim does not disclose a first time interval and therefore it becomes unclear as to whether a second time interval should be a first time interval or if claim 8 should depend from claim 2 which discloses a first time.
Appropriate correction and/or clarification is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 6, 9, 11, 12, 15, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Ni et al. (WO 2022/052756 A1), with English citations provided from corresponding US 2023/0325145 A1, hereinafter Ni.
Claim 1: Ni discloses an electronic apparatus (see at least, “For example, FIG. 2 is a schematic diagram depicting a structure of the Bluetooth headset 10. The Bluetooth headset 10 may include at least one processor 101, at least one memory 102, a wireless communication module 103, an audio module 104, a power module 105, an input/output interface 106, and the like,” Ni [0166]) comprising:
a communication interface (see at least, “The wireless communication module 103 may be configured to support data exchange implemented between the Bluetooth headset 10 and another electronic device,” Ni [0170]); and
at least one processor configured to (see at least, “The processor 101 may be configured to execute the foregoing application code, and invoke related modules to implement functions of the Bluetooth headset 10 in this embodiment of this application. For example, functions such as physical connection and service specification connection between the Bluetooth headset 10 and the plurality of electronic devices, audio playback, call answering/making, and switching of service specification connections with different electronic devices based on the priorities of the devices are implemented,” Ni [0168]):
based on first audio data and a first play start signal corresponding to the first audio data being received from a first device through the communication interface (see at least, “S301: Receive a first operation of a user,” “S301: Transmit a media audio stream,” Ni FIG. 10A), cause the first audio data to be output (see at least, “S302: Receive and output the media audio stream,” Ni FIG. 10A),
based on second audio data and a second play start signal corresponding to the second audio data being received from a second device through the communication interface while the first audio data is being output (see at least, “S303: Initiate a call service,” S303 Transmit a call audio stream,” FIG. Ni 10A), cause the output of the first audio data to stop (see at least, “S304: Deactivate the A2DP,” S305: Stop transmitting the media audio stream,” Ni FIG. 10A) and cause the second audio data to be output (see at least, “S304: Receive and output the call audio stream,” Ni FIG. 10A),
based on the output of the second audio data ending (see at least, “S308: End the call service,” S308: Stop transmitting the call audio stream” Ni FIG. 10B), transmit a signal requesting playing of the first audio data to the first device through the communication interface (see at least, “S308: Reactivate the A2DP,” S309: Prompt whether to switch to a headset channel,” Ni FIG. 10B), and
based on the first play start signal being received through the communication interface subsequent to the transmitting of the signal requesting playing of the first audio data (see at least, “S310: Receive a switching confirmation operation of the user,” S310: Transmit the media audio stream,” Ni FIG. 10B), cause the first audio data to be output (see at least, “S311: Receive and output the media audio stream,” Ni FIG. 10B).
Claim 2: Ni discloses the electronic apparatus of claim 1, wherein the at least one processor is further configured to: based on a play stop signal corresponding to the second audio data being received from the second device through the communication interface within a first time from when the output of the second audio data is started, cause the output of the second audio data to stop (see at least, “S308: End the call service,” S308: Stop transmitting the call audio stream” Ni FIG. 10B).
Claim 6: Ni discloses the electronic apparatus of claim 2, wherein the at least one processor is further configured to: based on the second play start signal and the second audio data being received from the second device through the communication interface, identify whether the second audio data is an alarm type based on at least one from among the second audio data or history information corresponding to the second device (see at least, “The second processing policy: If the electronic device 1 determines that the currently processed media service is a second-type media service, for example, music or an alarm clock, the electronic device 1 pauses the audio service (pauses playing music), and prompts the user
whether to switch current audio to the local channel for output. The second processing policy corresponds to step S238B,” Ni [0337]), based on the second audio data being identified as the alarm type, identify whether the play stop signal is received from the second device through the communication interface during the first time, and based on identifying that the play stop signal was received during the first time, transmit the signal requesting the playing of the first audio data to the first device through the communication interface (see at least, “S239A: The electronic device 1 receives a confirmation operation of the user for triggering switching to the secondary sound output channel, and switches an audio output channel to the secondary sound output channel. Then, the electronic device 1 outputs the first media audio stream through the secondary sound output channel,” Ni [0338], “S239B: The electronic device 1 receives a cancellation operation of the user for triggering cancellation of switching to the secondary sound output channel, sends a notification message to the Bluetooth headset to indicate the user to manually preempt the Bluetooth headset channel, and transmits the first media audio stream to the Bluetooth headset,” Ni [0239]).
Claim 9: Ni discloses the electronic apparatus of claim 1, further comprising: an outputter (see at least, “outputs the second media audio stream through the electronic device 1 (for example, the speaker or the earpiece),” Ni [0325]), wherein the second audio data is an alarm type, and wherein the at least one processor is further configured to (see at least, “The second processing policy: If the electronic device 1 determines that the currently processed media service is a second-type media service, for example, music or an alarm clock, the electronic device 1 pauses the audio service (pauses playing music), and prompts the user whether to switch current audio to the local channel for output. The second processing policy corresponds to step S238B,” Ni [0337]): based on the first play start signal being received from the first device through the communication interface, output the first audio data through the outputter (see at least, “S301:Receive a first operation of a user,” “S301:Transmit a media audio stream,” Ni FIG. 10A), cause the first audio data to be output (see at least, “S302: Receive and output the media audio stream,” Ni FIG. 10A), based on the second play start signal being received from the second device through the communication interface while the first audio data is being output, output the second audio data through the outputter, and based on the first play start signal being received through the communication interface in response to the signal requesting playing of the first audio, output the first audio data through the outputter (see at least, “S239A: The electronic device 1 receives a confirmation operation of the user for triggering switching to the secondary sound output channel, and switches an audio output channel to the secondary sound output channel. Then, the electronic device 1 outputs the first media audio stream through the secondary sound output channel,” Ni [0338], “S239B: The electronic device 1 receives a cancellation operation of the user for triggering cancellation of switching to the secondary sound output channel, sends a notification message to the Bluetooth headset to indicate the user to manually preempt the Bluetooth headset channel, and transmits the first media audio stream to the Bluetooth headset,” Ni [0239]).
Claims 11, 12, and 15 are directed to a method of controlling an electronic apparatus, substantially similar in scope to the method performed by the electronic apparatus of claims 1, 2, and 6, respectively, and therefore are rejected for the same reasons.
Claims 17 – 18 are directed to a non-transitory computer-readable recording medium having instructions stored therein, which when executed by at least one processor cause the at least one processor to execute a method of controlling an electronic apparatus, the method substantially similar in scope to claims 1 – 2, respectively and therefore are rejected for the same reasons (see also at least, “The memory 920 may include a read-only memory and a random access memory, and provides instructions and data to the processor 910. A part of the processor 910 may further include a non-volatile random access memory. For example, the processor 910 may further store device type
information. When the electronic device 900 runs, the processor 910 executes computer executable instructions in the memory 920, to perform the operation steps of the foregoing method by using the system 800,” Ni [0622] – [0623]).
Claim Rejections - 35 USC § 103
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) 3, 4, 13, 14, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ni in view of Zhang et al. (CN 113573172 A), with English citations provided from corresponding machine translation, hereinafter Zhang.
Claim 3: Ni discloses the electronic apparatus of claim 2, but does not disclose further comprising: at least one memory storing at least one from among history information corresponding to a device or audio duration time information corresponding to a plurality of application types, wherein the at least one processor is further configured to: based on the play stop signal being received through the communication interface during the first time and based on at least one from among the history information or the audio duration time information, cause the output of the second audio data to stop and transmit the signal requesting the playing of the first audio data to the first device through the communication interface. However, Zhang discloses a similar dual-device audio playing method and device, electronic device and storage medium. Zhang further discloses at least one memory storing at least one from among history information corresponding to a device or audio duration time information corresponding to a plurality of application types (see at least, “The memory 28 may include at least one
program product 40 having a set of program modules 42 configured to perform the functions of the various embodiments of the present invention. The program product 40 may be stored in, for example, the memory 28. Such program modules 42 include but are not limited to one or more application programs, other program modules, and program data. Each or some combination of these examples may include a network environment The realization. The program module 42 generally executes the functions and/or methods in the described embodiments of the present invention,” Zhang page 10 of the translation, paragraph 6, “In this embodiment, the preset duration threshold may be a preset threshold for judging the audio type of the second audio data,” Zhang page 4 of the translation, paragraph 5), wherein the at least one processor is further configured to: based on the play stop signal being received through the communication interface during the first time and based on at least one from among the history information or the audio duration time information, cause the output of the second audio data to stop and transmit the signal requesting the playing of the first audio data to the first device through the communication interface (see at least, “S130. If the actual playback duration of the second audio data does not exceed the preset duration threshold, the target Bluetooth headset controls the first terminal device to continue to play the first audio data on the target Bluetooth headset based on the resume playlist,” Zhang page 5 of the translation, paragraph 4). 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 aforementioned features of Zhang in the invention of Ni thereby allowing for “The advantage of setting the preset duration threshold in this embodiment is that in the process of playing the second audio data, it is judged whether the second audio data is the audio data of the prompt sound type, and then it is realized that when the second audio data is the prompt sound, the playback is After the second audio data, the playback of the first audio data is resumed, so that the prompt tone of one device can be resumed to play the audio of another device after the prompt sound of one device is rushed. This avoids missing important information of the device and does not affect the user to continue listening to the Bluetooth headset playback. The original audio to improve the user experience,” Zhang page 5 of the translation, paragraph 7).
Claim 4: Ni and Zhang disclose the electronic apparatus of claim 3, wherein the at least one processor is further configured to: identify, based on the second play start signal being received from the second device through the communication interface while the first audio data is being output, type information of an application from among the plurality of application types corresponding to the second audio data (see at least, “The advantage of setting the preset duration threshold in this embodiment is that in the process of playing the second audio data, it is judged whether the second audio data is the audio data of the prompt sound type, and then it is realized that when the second audio data is the prompt sound, the playback is After the second audio data, the playback of the first audio data is resumed, so that the prompt tone of one device can be resumed to play the audio of another device after the prompt sound of one device is rushed. This avoids missing important information of the device and does not affect the user to continue listening to the Bluetooth headset playback. The original audio to improve the user experience,” Zhang page 5 of the translation, paragraph 7) and identify, based on the identified type information of the application and the audio duration time information, a duration of the first time (see at least, “Wherein, the actual playback duration of the second audio data can be understood as the actual playback duration of the second audio data on the target Bluetooth headset. It should be noted that the actual playback duration of the second audio data is determined during the playback process of the second audio data, that is, the actual playback duration of the second audio data is determined along with the playback of the second audio data. Exemplarily, if the second audio data is a short message prompt tone, the actual playback duration of the second audio data on the target Bluetooth headset may be 2 seconds; the second audio data is an incoming call request prompt tone, then the second audio data is in the target Bluetooth headset. The actual playback duration on the headset may be 7 seconds; the second audio data is the video background sound, and the actual playback duration of the second audio data on the target Bluetooth headset may be 9 seconds,” Zhang page 5 of the translation, paragraph 5, “In this embodiment, the preset duration threshold may be a preset threshold for judging the audio type of the second audio data. Optionally, the preset duration threshold may be a threshold used to determine whether the second audio data is audio data of a prompt sound type. Among them, the types of notification sounds include, but are not limited to, SMS notification sounds, incoming call request notification sounds, WeChat notification sounds, low battery notification sounds, schedule to-do notification sounds, alarm sounds, etc. Exemplarily, considering that the playing time of most prompt sounds is short, the preset duration threshold can be set to 8 seconds; if the actual playing time of the second audio data does not exceed 8 seconds, the second audio data is The audio data of the prompt tone type, but the instinctive invention is not limited to this,” Zhang page 5 of the translation, paragraph 6).
Claims 13 – 14 are directed to a method of controlling an electronic apparatus, substantially similar in scope to the method performed by the electronic apparatus of claims 3 – 4, respectively, and therefore are rejected for the same reasons.
Claims 19 – 20 are directed to a non-transitory computer-readable recording medium having instructions stored therein, which when executed by at least one processor cause the at least one processor to execute a method of controlling an electronic apparatus, the method substantially similar in scope to claims 3 – 4, respectively and therefore are rejected for the same reasons.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ni in view of Bates et al. (US 2013/0317635 A1), hereinafter Bates.
Claim 5: Ni discloses the electronic apparatus of claim 2, but does not disclose further comprising: a user interface, wherein the at least one processor is further configured to: identify, based on a user input received through the user interface, the duration of the first time. However, Bates discloses a similar systems and method for playback of audio content in an “audition mode”. Bates further discloses a user interface, wherein the at least one processor is further configured to: identify, based on a user input received through the user interface, the duration of the first time (see at least, “Audition mode may be set to last for a fixed duration of time or until a user manually exits the mode. In one example, the duration of time may be a system parameter that can be configured by the user using a user interface on a controller. For example, the duration of time for audition mode may be initially set at 30 seconds, but users may modify the duration of time in increments of, for example, 15 seconds, or decide to manually terminate the audition prior to the expiration of the time period,” Bates [0075]. 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 aforementioned features of the “audition mode” of Bates in the invention of No thereby allowing for the advantage of “resuming rendering of the first audio content by the at least one playback
device. In one example, once the at least one playback device exits audition mode, whether due to completion of the second audio content, expiration of the duration of time, or at the request of the user, the at least one playback device may resume rendering the first audio content,” Bates [0124], Bates FIG. 7.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ni in view of Shiloh Perl et al. (US 2023/0215460 A1), hereinafter Shiloh Perl.
Claim 7: Ni disclose the electronic apparatus of claim 6, but does not disclose further comprising: at least one memory storing a trained neural network model, wherein the at least one processor is further configured to: identify whether the second audio data is the alarm type by inputting the second audio data into the trained neural network model. However, Shiloh Perl discloses in regards to audio event detection at least one memory storing a trained neural network model, wherein the at least one processor is further configured to: identify whether the second audio data is the alarm type by inputting the second audio data into the trained neural network model (see at least, “After training the neural network 38, the computer system 10 produces and outputs a trained neural network 40, which may be used for audio event detection in the manner discussed below. FIG. 2 shows a schematic view of the computing system 10 with processor 12 executing an audio event detection program 122, which includes the AI model 22 with the trained neural network 40, at run time, to perform inference on a run-time audio signal 50,” Shiloh Perl [0021] – [0022], “The run-time audio signal 50 may be a raw audio signal that includes audio events 27 that the trained neural network 40 has been trained to identify, such as a siren, alarm, dog barking, baby crying, gunshot, and laughter. These are simply examples, and it will be appreciated that the audio events 27 may be defined by, and thus are extensible by, a user of the computer system 10, who can train event detector 25 to tag such events during training, as described above. The run-time audio signal 50 may also include various background noises such as music, conversations, traffic noise, etc.,” Shiloh Perl [0024]). 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 aforementioned features of Shiloh Perl in the invention of Ni thereby allowing for the advantage of utilizing artificial intelligence to “analyze audio signals for purposes including speaker identification and sound event detection,” Shiloh Perl Abstract, with increased robustness.
Claim(s) 10 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ni in view of Hamilton et al. (US 2012/0029672 A1), hereinafter Hamilton.
Claim 10: Ni disclose the electronic apparatus of claim 1, but does not disclose wherein the at least one processor is further configured to: based on the first play start signal being received through the communication interface in response to the signal requesting playing of the first audio data, cause the first audio data to be output from a second play time point in the first audio data that precedes, by a pre-set time interval, a first play time point corresponding to a play time point in the first audio data when the output of the first audio data was stopped. However, Hamilton discloses in a similar invention pertaining to continuous audio interaction with interruptive audio disclose wherein the at least one processor is further configured to: based on the first play start signal being received through the communication interface in response to the signal requesting playing of the first audio data, cause the first audio data to be output from a second play time point in the first audio data that precedes, by a pre-set time interval, a first play time point corresponding to a play time point in the first audio data when the output of the first audio data was stopped (see at least, “The operating system 112 may, for example, determine to temporarily interrupt the continuous or first audio 108 generated by the first application 104 based on an interrupt or interruptive notification associated with the second application
106. Based on the interruption, the first application 104 may pause the continuous or first audio 108. The second application 106 may generate the interruptive audio 110 during the pausing of the continuous or first audio 108. After the interruptive audio 110 has completed, the first application
104 may resume playing and/or outputting the continuous or first audio 108. However, simply resuming at the point where the first application 104 paused playing and/or outputting the continuous or first audio 108 may result in a loss of context or continuity of the continuous or first audio 108. Therefore, the first application 104 may identify a portion of the continuous or first audio 108 that was previously played or outputted before the continuous or first audio 108 was paused. The first application 104 may identify the portion by determining a time, such as five second or ten seconds, which should be
replayed, or identifying a complete sentence or a scene which was interrupted and which should be replayed, according to example embodiments. The first application 104 may replay and/or re-output or regenerate a portion of the continuous or first audio 108 which was output or generated before the
pausing or interruption, and/or resume playing of the continuous or first audio 108 so that the portion of the continuous or first audio 108 that was previously played is replayed, regaining the context of the continuous or first audio 108,” Hamilton [0030]). 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 aforementioned features of Hamilton in the invention of Ni thereby allowing for the advantage of “regaining the context of the continuous or first audio,” Hamilton [0030], when resuming the first audio in the invention of Ni.
Claim 16 are directed to a method of controlling an electronic apparatus, substantially similar in scope to the method performed by the electronic apparatus of claim 10, respectively, and therefore is rejected for the same reasons.
Allowable Subject Matter
Claim 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
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/JOSEPH SAUNDERS JR/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692