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
All three information disclosure statements filed prior to this Office Action comply with the provisions of 37 C.F.R. § 1.97, 1.98, and MPEP § 609, and therefore have been placed in the application file. The information referred to therein has been considered as to the merits.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 C.F.R. § 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: claim 7 recites a “radial X/Y” direction, which is missing from the specification. This appears to be a misreading of page 8 of the specification, which merely discloses that the gripping axis is oriented “substantially orthogonally to a radial X direction of the user, wherein the radial X direction is defined as a direction starting from the user and pointing substantially horizontally in a distal direction.” The concept of a “radial X/Y” direction does not appear to make sense in the context of the present disclosure.
Accordingly, “radial X/Y” in claim 7 should be replaced with “radial X.”
Claim Objections
Claim 19 purports to recite a method with additional steps, but one of its “elements” is a “wherein” clause that is not recited as a step. A suggestion for resolving all informalities and indefiniteness issues is provided in the 35 U.S.C. § 112(b) rejection of claim 19 below.
Claims 8 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections – 35 U.S.C. § 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 19 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 applicant regards as the invention.
Claim 19 lacks antecedent basis for “the teaching process.” The Examiner recommends amending claim 19 as follows:
19. The method of claim 18, wherein the step of modifying processing of the input data further depends on gesture data prepared by a teaching process, and the teaching process comprises
prompting the user to perform a gripping action, which corresponds to gripping a rod-shaped virtual grip, wherein the virtual grip has a longitudinal axis defining a gripping axis; and
prompting the user to perform a rotating gesture, which corresponds to rotating the virtual grip by a rotational angle about a rotational axis, said rotational axis being substantially orthogonal to the gripping axis;
observing, by using the gesture detecting unit, a gesture performed by the user in response to the gesture request; and
preparing the gesture data based on the observed gesture
Support for this proposal comes from page 12 of the specification as filed.
Claim Rejections – 35 U.S.C. § 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.
(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.
Claims 1, 2, 4–7, 10–12, 14, and 18–20 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2021/0004146 A1 (“Linville”).
Claim 1
Linville discloses:
A system for processing audio data, comprising:
“FIG. 6 schematically shows a simplified representation of a computing system 600 configured to provide any to all of the compute functionality described herein.” Linville ¶ 56.
“Computing system 600 includes a logic subsystem 602 and a storage subsystem 604,” with the storage subsystem 604 storing various sets of instructions that the logic subsystem 602 executes to cause computing system 600 to perform those functions. Linville ¶¶ 57–59. Below, this rejection will show how each of the claimed “units” correspond to respective portions of the instructions stored on storage subsystem 604 and executed by logic subsystem 602.
an audio input unit for receiving input data, the input data being audio data representing a piece of music;
The instructions include a portion of instructions for executing “a music player application currently playing audio.” Linville ¶ 16.
an audio processing unit for processing the input data to obtain output data;
The instructions further include a portion of instructions for “adjust[ing] the volume with which the augmented reality device outputs audio from music player application,” Linville ¶ 16, as well as adjusting several other audio-related values. See Linville ¶ 49.
an audio output unit for playing the output data;
The instructions further include a portion of instructions that enable “the augmented reality device [to] play[] audio” in accordance with the parameter set by the instructions mentioned above. Linville ¶ 49.
a gesture detecting unit for detecting a grip-rotate gesture of a hand of a user;
The instructions further include respective portions of instructions corresponding to each of the steps of method 200 shown in FIG. 2. See Linville ¶ 19 (“Method 200 may be implemented on any suitable combination of computer hardware having any suitable specifications and form factor. In one example, method 200 may be implemented on computing system 600 described below with respect to FIG. 6.”).
wherein the grip-rotate gesture comprises a sequence of:
As shown in FIG. 2, the instructions that perform method 200 are operable to detect a sequence comprising a rotation-initiating gesture 208, followed by a subsequent dial-rotating movement 210. See Linville FIG. 2.
a gripping action,
“Returning briefly to FIG. 2, at 208, method 200 includes detecting a dial-rotation-initiating gesture from the human hand.” Linville ¶ 35.
which corresponds to gripping a rod-shaped virtual grip,
“In one example, the dial-rotation-initiating gesture may be a pinch gesture, characterized by convergence of the thumb and index finger (or another finger).” Linville ¶ 35. “As additional examples, a dial-rotation-initiating gesture may be performed when a user points at or near the virtual dial control with one or more fingers, hovers all or part of their hand in front or adjacent to the virtual dial control for over a threshold length of time, performs a grasping or twisting gesture, etc.” Linville ¶ 35. The virtual dial control is cylindrical, and therefore, the two fingers touching different ends of the virtual dial control at least “correspond to” gripping a rod-shaped virtual grip.
wherein the virtual grip has a longitudinal axis defining a gripping axis,
The virtual dial control lies on a two-dimensional virtual plane 304, onto which the real-world positions of the user’s hand relative to the X and Y axes are translated. Linville ¶ 31.
and a rotating gesture, which corresponds to rotating the virtual grip by a rotational angle about a rotational axis,
“Returning briefly to FIG. 2, at 210, method 200 includes tracking a dial-rotating movement of the human hand from the first real-world 3D position to a second real-world 3D position that corresponds to a second effective virtual position relative to the virtual coordinate system.” Linville ¶ 39.
said rotational axis being substantially orthogonal to the gripping axis;
“[T]he virtual dial control lies on a virtual plane 304 orthogonal to the axis of rotation of the virtual dial control.” Linville ¶ 31.
and wherein the audio processing unit is connected to the gesture detecting unit and the audio output unit such as to modify processing of the input data depending on the rotational angle detected by the gesture detecting unit, while continuing playback of the output data.
“During the interval of time in which the virtual dial control is being rotated—between detection of the dial-rotation-initiating gesture and dial-rotation-terminating gesture—the augmented reality device may provide . . . audible feedback” to represent turning of the virtual dial control. Linville ¶ 43. Thus, in the case of the example for controlling the audio volume of a music player, “rotation of virtual dial control 114 adjusts the volume with which the augmented reality device outputs audio from music player application.” Linville ¶ 16.
Claim 2
Linville discloses the system of claim 1,
wherein the audio processing unit is at least one of an equalizer, frequency filter, loop effect unit, a pitch effect unit, an audio effect unit, and a source separation unit decomposing the input data into a plurality of audio data representing different instruments or vocal components included in the input data,
“In general, the virtual dial control may be useful for selecting values—e.g., setting a volume, changing a channel, altering equalizer settings, changing a display brightness, tuning to a specific frequency—and/or providing any other suitable functions or controls with respect to the augmented reality device or another device or system.” Linville ¶ 49.
wherein at least one operating parameter of the audio processing unit is set depending on the rotational angle detected by the gesture detecting unit.
“As discussed above, in some cases, rotation of the virtual dial control may result in adjustment of an adjustable parameter associated with the augmented reality device or another device or system.” Linville ¶ 49.
Claim 4
Linville discloses the system of claim 1,
wherein the gesture detecting unit is adapted to detect whether the grip-rotate gesture is a valid grip-rotate gesture or not,
“Returning briefly to FIG. 2, at 208, method 200 includes detecting a dial-rotation-initiating gesture from the human hand.” Linville ¶ 35.
wherein the valid grip-rotate gesture comprises a sequence of: a valid gripping action which is the gripping action
“In one example, the dial-rotation-initiating gesture may be a pinch gesture, characterized by convergence of the thumb and index finger (or another finger). However, other suitable dial-rotation-initiating gestures or commands may be used. As additional examples, a dial-rotation-initiating gesture may be performed when a user points at or near the virtual dial control with one or more fingers, hovers all or part of their hand in front or adjacent to the virtual dial control for over a threshold length of time, performs a grasping or twisting gesture, etc.” Linville ¶ 35.
performed while the hand of the user is detected to be within a first tolerance zone around a predetermined virtual grip position which is a predetermined position of the virtual grip within an area around the user;
“In some cases, the virtual dial control may have a bounding box taking the form of a 2D or 3D region of space surrounding the virtual dial control. The dial-rotation-initiating gesture may therefore be detected while the human hand has an effective virtual position that is within or intersecting the bounding box.” Linville ¶ 37.
“As additional examples, a dial-rotation-initiating gesture may be performed when a user points at or near the virtual dial control.” Linville ¶ 35.
and a valid rotating gesture, which is the rotating gesture
“Returning briefly to FIG. 2, at 210, method 200 includes tracking a dial-rotating movement of the human hand from the first real-world 3D position to a second real-world 3D position that corresponds to a second effective virtual position relative to the virtual coordinate system.” Linville ¶ 39.
while the hand of the user is detected to be within a second tolerance zone around the predetermined virtual grip position;
Step 210 maintains tracking of the movement until it receives a particular input at 212 indicating termination of the gesture. Linville ¶ 41. “In some cases, the dial-rotation-terminating gesture may be detected when the dial-rotation-initiating gesture is released,” i.e., when “the fingers of the hand have separated and are no longer pinching.” Linville ¶ 41. In other words, step 210 judges that the dial rotating movements are valid while the hand/fingers are in a region that maintains the pinching motion.
and wherein the audio processing unit is adapted to activate a gesture control mode, in which processing of the input data is modified depending on the rotational angle detected by the gesture detecting unit, only if the grip-rotate gesture is a valid grip-rotate gesture.
“[R]otation of the virtual dial control may result in adjustment of an adjustable parameter associated with the augmented reality device or another device or system,” Linville ¶ 49, but rotation only occurs if the conditions in steps 208–210 are satisfied. See Linville ¶¶ 39 and 41.
Claim 5
Linville discloses the system of claim 4,
wherein the first tolerance zone is smaller than the second tolerance zone.
As mentioned in the rejection of claim 4, one alternative dial-rotation-initating gesture “may be performed when a user points at or near the virtual dial control with one or more fingers.” Linville ¶ 35. In embodiments where the dial-rotation-initating gesture involves directly pointing at the virtual dial control, the area where this is effective is necessarily smaller than the dial-rotation-terminating gesture detected when “the fingers of the hand have separated and are no longer pinching,” Linville ¶ 41, because a single point in space is smaller than the area of a hand’s fingers separating.
Claim 6
Linville discloses the system of claim 1, further comprising
an artificial reality apparatus adapted to provide visual input for the user to create an artificial reality environment,
“FIG. 1 schematically shows a user 100 using an augmented reality device 102 in a real-world environment 104. In this example, the augmented reality device is an HMD including a near-eye display 106. Via near-eye display 106, user 100 has a field-of-view 108 in which virtual imagery presented by the augmented reality device is visible to the user.” Linville ¶ 14.
wherein the artificial reality apparatus is adapted to display the rod-shaped virtual grip at a predetermined virtual grip position in space within an area around the user.
“In FIG. 1, virtual images 112 and 114 are shown in dashed lines to indicate that, while they are visible to the user, they do not physically exist in the real-world environment.” Linville ¶ 16. “In some cases, the virtual dial control may be “body-locked,” in that it is presented in such a way that it maintains a fixed relationship with respect to the augmented reality device. For instance, in FIG. 1, user 100 may desire that virtual dial control follow their movements around real-world environment 104, such that the user can adjust the volume regardless of their current position within the environment.” Linville ¶ 22.
Claim 7
Linville discloses the system of claim 6,
wherein the rod-shaped virtual grip has a longitudinal rod portion defining, along its longitudinal axis, the gripping axis of the virtual grip, wherein the artificial reality apparatus is adapted to display the virtual grip with its gripping axis oriented substantially orthogonally to a radial X/Y direction of the user, wherein the radial X/Y direction is defined as a direction starting from the user and pointing substantially horizontally in a distal direction.
As shown in FIG. 1, near-eye display 100 defines for user 100 a field-of-view 108 that radiates outward and away from user 100’s body, such that virtual images 112 and 114 lie on the claimed X/Y plane (in other words, they lie on a plane that is parallel to the floor). See Linville FIG. 1 and ¶ 14. Looking at FIG. 1, we also see that virtual image 114 is oriented to face the user, such its top and bottom are aligned in a direction that is orthogonal to the floor/ceiling (the so-called X/Y plane). And, in addition to displaying the virtual image 114 orthogonally to this plane, Linville further discloses that “the dial-rotation-initiating gesture may be a pinch gesture, characterized by convergence of the thumb and index finger (or another finger).” Linville ¶ 35. This means that the gesture for gripping the dial displayed in virtual image 114 is, much like its display orientation in the field of view, orthogonal to the plane that corresponds to the claimed X/Y direction.
Claim 10
Linville discloses the system of claim 6,
wherein the artificial reality apparatus is adapted to display a grip tag in association with the virtual grip, wherein the grip tag shows information regarding a current modification of the processing of the input data depending on the rotational angle.
“Visual feedback during rotation of a virtual dial control is illustrated with respect to FIGS. 4A and 4B. Specifically, in FIG. 4A, a human hand has moved from a first effective virtual position 400A to a second effective virtual position 400B. A reference line 402 extends from the center of the virtual dial control, through second effective virtual position 400B, and to a second point 404B, representing the endpoint of the rotation at which the dial-rotation-terminating gesture was detected. A first point 404A, representing the starting point of the rotation at which the dial-rotation-initiating gesture was detected, is shown for reference. In this example, reference line 402 is displayed to the user as a form of visual feedback during rotation of the virtual dial control. Multiple former positions of the reference line during the rotation of the virtual dial control are shown as dashed lines.” Linville ¶ 44.
Claim 11
Linville discloses the system of claim 10,
wherein the grip tag is displayed by the artificial reality apparatus as a circle or part of a circle around the rotational axis of the virtual grip, wherein the circle or circle part comprises a marked circle segment having an angle along the circle or circle part which is equal to or corresponds to the rotational angle detected by the gesture detecting unit.
As shown in FIG. 4A, “[a] reference line 402 extends from the center of the virtual dial control, through second effective virtual position 400B, and to a second point 404B, representing the endpoint of the rotation at which the dial-rotation-terminating gesture was detected.” Linville ¶ 44.
As the claim requires, reference line 402 is displayed as “part of” (i.e. within) the circle formed by the virtual dial control, and the circle formed by the virtual dial control comprises marking(s) of reference lines showing the angle of the rotation of the virtual dial control. Linville ¶ 44.
Claim 12
Linville discloses the system of claim 1,
wherein the gesture detecting unit comprises a camera adapted to capture images of the user's hand,
“The augmented reality device may be configured to detect the real-world 3D position of the human hand in any suitable way. For instance, the augmented reality device may be communicatively coupled with one or more suitable cameras.” Linville ¶ 25.
and a gesture recognition unit adapted to analyze the images captured by the camera, based on gesture data relating to at least one expected hand gesture.
“Based on images captured by the one or more cameras, the augmented reality device may detect the human hand and resolve it to a particular real-world 3D position.” Linville ¶ 25.
Claim 14
Linville discloses the system of claim 2
wherein the operating parameter is selected from the group consisting of filter frequency, filter gain and filter bandwidth, gain of a frequency or frequency range, a looping parameter, a pitch, an audio effect (FX) parameter, or a volume or other parameter of an instrument or a vocal component.
“In general, the virtual dial control may be useful for selecting values—e.g., setting a volume, changing a channel, altering equalizer settings, changing a display brightness, tuning to a specific frequency—and/or providing any other suitable functions or controls with respect to the augmented reality device or another device or system.” Linville ¶ 49.
The further specification that the audio is “an instrument or a vocal component” does not limit the claim, because claim language that merely describes the underlying meaning of a message to a human listener is printed matter. MPEP § 2111.05. “Where the only difference between a prior art product and a claimed product is printed matter that is not functionally related to the product, the content of the printed matter will not distinguish the claimed product from the prior art.” MPEP § 2112.02(III.) (citing In re Ngai, 367 F.3d 1336, 1339 (Fed. Cir. 2004)). To receive patentable weight, the Applicant may want to consider specifying that there is more than one component, and that the operating parameter only adjusts one of them. See, e.g., Spec. 11 ll. 21–23 (disclosing “source separation unit decomposing the input data into a plurality of audio data representing different instruments or vocal components”).
Claim 18
Claim 18 recites the same method that the system of claim 1 performs as part of its normal operation, and is therefore rejected over the same findings and rationale as provided above for claim 1.
Claim 19
Linville discloses the method of claim 18, further comprising the steps of:
requesting a user to carry out a grip-rotate gesture, by: prompting the user to perform a gripping action,
“At 202, method 200 includes displaying a virtual dial control having a virtual three-dimensional position in a virtual coordinate system.” Linville ¶ 20.
which corresponds to gripping a rod-shaped virtual grip, wherein the virtual grip has a longitudinal axis defining a gripping axis; and
“In one example, the dial-rotation-initiating gesture may be a pinch gesture, characterized by convergence of the thumb and index finger (or another finger).” Linville ¶ 35. The virtual dial control is cylindrical, and therefore, the two fingers touching different ends of the virtual dial control at least “correspond to” gripping a rod-shaped virtual grip.
wherein the virtual grip has a longitudinal axis defining a gripping axis,
The virtual dial control lies on a two-dimensional virtual plane 304, onto which the real-world positions of the user’s hand relative to the X and Y axes are translated. Linville ¶ 31.
prompting the user to perform a rotating gesture, which corresponds to rotating the virtual grip by a rotational angle about a rotational axis, said rotational axis being substantially orthogonal to the gripping axis;
“During the interval of time in which the virtual dial control is being rotated—between detection of the dial-rotation-initiating gesture and dial-rotation-terminating gesture—the augmented reality device may provide any suitable feedback to represent turning of the virtual dial control. This may include one or more of visual feedback, audible feedback, haptic feedback, and/or other suitable feedback.” Linville ¶ 43.
observing, by using the gesture detecting unit, a gesture performed by the user in response to the gesture request;
“The augmented reality device may be configured to detect the real-world 3D position of the human hand in any suitable way. For instance, the augmented reality device may be communicatively coupled with one or more suitable cameras. Based on images captured by the one or more cameras, the augmented reality device may detect the human hand and resolve it to a particular real-world 3D position.” Linville ¶ 25.
preparing gesture data based on the observed gesture; and wherein the gesture detecting unit is adapted to detect a current grip-rotate gesture by observing a current gesture and analyzing the current gesture based on the gesture data previously prepared within the teaching process.
“In some implementations, the augmented reality device may include a calibration program allowing a user to repeatedly perform one or more gestures, thereby allowing the augmented reality device to more accurately detect the trained gestures in the future.” Linville ¶ 36.
Claim 20
Claim 20 is directed to a non-transitory computer-readable medium embodying program code that, when executed by one or more processors, causes the processors to perform recites the same method that the device of claim 1 performs. Linville discloses a device that performs the same method for the reasons given in the rejection of claim 1, and as the rejection of claim 1 also explains, Linville’s device is programmed to perform that method via a processor that executes corresponding instructions stored on a memory. Therefore, claim 20 is rejected over all of the findings and reasons provided in the rejection of claim 1, above.
Claim Rejections – 35 U.S.C. § 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were effectively filed absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned at the time a later invention was effectively filed in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention.
I. Fujiuta and Griffiths teach claims 1, 3, 15, 16, and 18.
Claims 1, 3, 15, 16, and 18 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Patent Application Publication No. 2024/0126369 A1 (“Fujita”) in view of U.S. Patent Application Publication No. 2013/0305152 A1 (“Griffiths”).
Claim 1
Fujita teaches:
A system for processing audio data, comprising: an audio input unit for receiving input data, the input data being audio data
System 1 includes computer program instructions that initiate “[t]he processing of the flowchart of FIG. 5 . . . in a case in which the user selects an item for sound volume adjustment from a menu.” Fujita ¶ 51. Such software falls within the scope of the claimed audio input “unit,” while the “item” falls within the scope of the claimed input data being audio data.
representing a piece of music;
The prior art does not need to disclose or teach data that “represents” a piece of music, because claim language that merely describes the underlying meaning of a message to a human listener is printed matter, see MPEP § 2111.05, and, “[w]here the only difference between a prior art product and a claimed product is printed matter that is not functionally related to the product, the content of the printed matter will not distinguish the claimed product from the prior art.” MPEP § 2112.02(III.) (citing In re Ngai, 367 F.3d 1336, 1339 (Fed. Cir. 2004)).
an audio processing unit for processing the input data to obtain output data;
System 1 further includes computer program instructions for controlling sound volume, such that “[s]ound volume is controlled in accordance with operations of the virtual dial 300.” Fujita ¶ 46.
a gesture detecting unit for detecting a grip-rotate gesture of a hand of a user;
System 1 further includes an image processing device 110 with a control unit 211, see Fujita ¶ 35 and FIG. 2, which “operates the virtual dial 300 by changing (updating) display of the virtual dial 300 on the basis of information of the position of the hand of the user that is obtained from the image-captured image acquired by the image-capturing unit 202 in the HMD 100.” Fujita ¶ 50.
wherein the grip-rotate gesture comprises a sequence of:
As shown in FIG. 5, control unit 211 detects a sequence of gestures for rotating virtual dial 300, the sequence comprising touching the dial (step S503), followed by rotating the dial (steps S505–509). Fujita FIG. 5. Each element of the sequence will be discussed as they relate to the claim limitations, below.
a gripping action, which corresponds to gripping a rod-shaped virtual grip,
“In step S503, the control unit 211 determines whether or not the finger of the user has touched the virtual dial 300, on the basis of the image-captured image.” Fujita ¶ 55. The virtual dial 300 is cylindrically-shaped, see Fujita FIGS. 3 and 4, and therefore, the two fingers touching different ends of the virtual dial 300 at least “correspond to” gripping a rod-shaped virtual grip.
wherein the virtual grip has a longitudinal axis defining a gripping axis,
“Further, the control unit 211 calculates a distance L between the center position of the virtual dial 300 and the controller 120 on the x-y plane” Fujita ¶ 57.
and a rotating gesture, which corresponds to rotating the virtual grip by a rotational angle about a rotational axis, said rotational axis being substantially orthogonal to the gripping axis;
“In step S505, the control unit 211 determines the current position of the controller 120 (the finger on which the controller 120 is mounted), Fujita ¶ 60, and then “[i]n step S509, the control unit 211 determines (detects), out of motion of the hand of the user, rotation of the hand on the x-y plane.” Fujita ¶ 70.
and wherein the audio processing unit is connected to the gesture detecting unit and the audio output unit such as to modify processing of the input data depending on the rotational angle detected by the gesture detecting unit, while continuing playback of the output data.
By operating the virtual dial 300 in accordance with rotation of the hand (wrist) in an x-y plane, “[s]ound volume is controlled in accordance with operations of the virtual dial 300.” Fujita ¶ 46.
Fujita does not appear to explicitly disclose an audio output unit, although “controlling” sound in accordance with operations of the virtual dial 300 arguably discloses (if not at least suggests) that the system is outputting the audio at the virtual dial 300’s settings.
Either way, Griffiths explicitly discloses:
A system for processing audio data, comprising:
“FIG. 1 shows an example system configuration 100 in which one or more of the methods and/or apparatus disclosed herein can be practiced or implemented.” Griffiths ¶ 32. In this system, “[a] zone player 102-124, also referred to as a playback device, a multimedia unit, speaker, subwoofer, and so on, provides audio, video and/or audiovisual output,” and “[a] controller 130 (e.g., shown in the kitchen for purposes of illustration) provides control to the system configuration 100.” Griffiths ¶ 32. The zone players are further discussed as “zone player 200” in FIG. 2, see Griffiths ¶ 43, and the controller 130 is further discussed as “controller 600” in FIG. 2. Griffiths ¶ 63. This rejection will therefore refer to the components of both zone player 200, and controller 600, which are all part of the same system 100.
an audio input unit for receiving input data, the input data being audio data representing a piece of music;
Zone player 200 includes a network interface 202 that retrieves audio data from a network. Griffiths ¶ 47. “Sources of audio content to be played by zone players 102–124 are numerous. Music from a personal library stored on a computer or networked-attached storage (NAS) can be accessed via the data network 128 and played. Internet radio stations, shows, and podcasts can be accessed via the data network 128. Music services that let a user stream and download music and audio content can be accessed via the data network 128. Audio content can be accessed via cloud-based storage, for example. Further, music can be obtained from traditional sources, such as a turntable or CD player, via a line-in connection to a zone player, for example.” Griffiths ¶ 41.
an audio processing unit for processing the input data to obtain output data;
“In the illustrated example of FIG. 2, the audio processing component 212 can include one or more digital-to-analog converters (DAC), an audio preprocessing component, an audio enhancement component or a digital signal processor, and so on.” Griffiths ¶ 47.
an audio output unit for playing the output data;
“The processed analog audio signals are then provided to the audio amplifier 216 for play back through speakers 218.” Griffiths ¶ 47.
a gesture detecting unit
“The controller 600 is provided with a screen 602 and an input interface 614 that allows a user to interact with the controller 600, for example, to navigate a playlist of many multimedia items and to control operations of one or more zone players.” Griffiths ¶ 64.
wherein the audio processing unit is connected to the gesture detecting unit and the audio output unit such as to modify processing of the input data depending on the rotational angle detected by the gesture detecting unit, while continuing playback of the output data.
“In some examples, a dial calibration may be used to calibrate the subwoofer configuration of the subwoofer 120 in the paired playback system. For example, a soft dial may be provided to the user to adjust the subwoofer equalization settings. In the illustrated example, the user may rotate a finger along the screen of the controller interface to adjust the sound output from zone players 116, 118 and 120.” Griffiths ¶ 88.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to affirmatively output the volume-controlled audio in Fujita’s system, as taught by Griffiths. One would have been motivated to output the audio from Fujita’s system “[g]iven the high demand for such audio and video content,” and because outputting the audio while setting a parameter of the audio would facilitate “deliver[ing] the best possible sound,” by “allow[ing] the listener to adjust various Digital Signal Processing (DSP) settings.” Griffiths ¶ 2.
Claim 3
Fujita and Griffiths teach the system of claim 1
wherein the gesture detecting unit is adapted to detect the rotational angle within a predefined angular range between a minimum rotational angle and a maximum rotational angle,
“[T]he control unit 211 determines an action angle θ(t) representing the rotational angle of the hand . . . as shown in Expression 7.” Fujita ¶ 70. Importantly, Expression 7 provides that the value of θ(t) consists of the output of the arccosine function (cos-1), and by mathematical definition, the range of arccosine is necessarily between 0 and π radians inclusive (which is 0° to 180° in degrees).1 Since the entirety of the right side of the equation is the output of all of the parameters within the cos-1 function, the minimum rotational angle of θ(t) is 0°, and the maximum rotational angle of θ(t) is 180°. Thus, the control unit 211 always reports an angle of rotation that falls within (or includes) that range.
Griffiths likewise provides an overlapping teaching of using a 0 to 180° range to control an audio parameter. See Griffiths ¶ 88.
and wherein rotational angles within the predefined angular range are mapped to respective operating values of at least one operating parameter of the audio processing unit.
“In step S510, the control unit 211 operates the virtual dial 300 by the action angle θ(t).” Fujita ¶ 72. “Thus, adjustment of the sound volume in accordance with rotation of the virtual dial 300 ends.” Fujita ¶ 74.
Claim 15
Fujita and Griffiths teach the system of claim 3
wherein the size of the angular range is between about 120 degrees and about 240 degrees.
“[T]he control unit 211 determines an action angle θ(t) representing the rotational angle of the hand . . . as shown in Expression 7.” Fujita ¶ 70. Importantly, Expression 7 provides that the value of θ(t) consists of the output of the arccosine function (cos-1), and by mathematical definition, the range of arccosine is necessarily between 0 and π radians inclusive (which is 0° to 180° in degrees).2 Since the entirety of the right side of the equation is the output of all of the parameters within the cos-1 function, the minimum rotational angle of θ(t) is 0°, and the maximum rotational angle of θ(t) is 180°. Thus, the control unit 211 always reports an angle of rotation that falls within (or includes) that range.
Griffiths likewise provides an overlapping teaching of using a 0 to 180° range to control an audio parameter. See Griffiths ¶ 88.
Claim 16
Fujita and Griffiths teach the system of claim 3
wherein the size of the angular range is between about 165 degrees and about 195 degrees.
“[T]he control unit 211 determines an action angle θ(t) representing the rotational angle of the hand . . . as shown in Expression 7.” Fujita ¶ 70. Importantly, Expression 7 provides that the value of θ(t) consists of the output of the arccosine function (cos-1), and by mathematical definition, the range of arccosine is necessarily between 0 and π radians inclusive (which is 0° to 180° in degrees).3 Since the entirety of the right side of the equation is the output of all of the parameters within the cos-1 function, the minimum rotational angle of θ(t) is 0°, and the maximum rotational angle of θ(t) is 180°. Thus, the control unit 211 always reports an angle of rotation that falls within (or includes) that range.
Griffiths likewise provides an overlapping teaching of using a 0 to 180° range to control an audio parameter. See Griffiths ¶ 88.
Claim 18
Claim 18 recites the same method that the system of claim 1 performs as part of its normal operation, and is therefore rejected over the same findings and rationale as provided above for claim 1.
II. Linville and Oldroyd teach claim 9.
Claim 9 is rejected under 35 U.S.C. § 103 as being unpatentable over Linville as applied to claim 6 above, and further in view of U.S. Patent Application Publication No. 2018/0218561 A1 (“Oldroyd”).
Claim 9
Linville teaches the system of claim 6, but does not explicitly disclose that the virtual grip position is at the same level as or higher than a user’s shoulder height. Oldroyd, however, explicitly teaches that a user interface should be positioned:
at the same level as or higher than a user’s shoulder height.
Referring to FIG. 2, Oldroyd explains that the “active portion 202” of a large touchscreen should “be positioned within the vertical touchscreen 102 by the control system according to . . . the height of the user’s chin, shoulders or elbow,” or “a predetermined height below the detected height of the user's eyes, for example 0.3 m.” Oldroyd ¶ 50.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to improve Linville’s user interface with Oldroyd’s suggestion to display and receive inputs at a position that is at the height of the user’s chin, shoulders, or 0.3m below the user’s eyes. One would have been motivated to adopt Oldroyd’s advice because this position enables the user interface “to be at a comfortable position both for reading and also for operating (by touching or pressing).” Oldroyd ¶ 50.
Conclusion
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Justin R. Blaufeld
Primary Examiner
Art Unit 2151
/Justin R. Blaufeld/Primary Examiner, Art Unit 2151
1 The Examiner hereby takes Official Notice of the fact that the range of angles determined by the arccosine (cos-1) of any value is between 0 ≤ θ ≤ π radians, which converts to 0 ≤ θ ≤ 180°.
2 The Examiner hereby takes Official Notice of the fact that the range of angles determined by the arccosine (cos-1) of any value is between 0 ≤ θ ≤ π radians, which converts to 0 ≤ θ ≤ 180°.
3 The Examiner hereby takes Official Notice of the fact that the range of angles determined by the arccosine (cos-1) of any value is between 0 ≤ θ ≤ π radians, which converts to 0 ≤ θ ≤ 180°.