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 .
DETAILED ACTION
Claims 1-27 are presented for examination.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b) which forms the basis for all indefiniteness rejections:
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.
Claims 5, 11, 12 and 23 are rejected under 35 USC 112(b) as being indefinite for the following reasons:
Claim 5 includes the limitations ‘any available scent such as..” These limitations represent “exemplary claim language. The claim language includes a list of limited scents to include “vanilla, cherry, or pine or any develop future scent…” This means other scents can be used. Thus, the claim is not limited in scope to the cited scents.
Claim 11 includes the limitation “a touchscreen.” Claim 9, from which claim 11 depends, includes the limitation “a touchscreen tablet.” Unless the applicant intends these limitations to be different from each other, it is believed the limitations are the same. Accordingly, claim 11 is rejected as having antecedent basis issues.
Claim 12 includes the limitation “not limited to…” This limitation implies there are more songs than what is claimed. Accordingly, this would mean all the songs in human history would be included as a result of this limitation, which is indefinite.
Claim 23 includes the limitation “the bass.” The are no preceding limitations referring to “a bass” in a prior parent claim. Accordingly, claim 23 is rejected as having antecedent basis issues.
Claim Objections
Claim 1 claims the following: “a scent dispense.” It is believed the limitation should be “scent dispenser.”
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 may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 and Bradski et al., U.S. 2016/0026253.
On claim 1, Salas cites except as underlined:
A system for an immersive light experience comprising:
a plurality of physical components installed at a location;
[0039] With reference to FIG. 4, a room 400 or any other media consumption environment may include multiple light sources (e.g., lamps 401-405). In this example, each of the light sources 300 use the illustrative light source 300 as shown in FIG. 3. In this example, each lamp 401-405 may be a common household lamp (floor lamp, table lamp, light fixture, recessed light, etc.) using a light source 300 as described herein. Lamp 406 may include a special high-intensity bulb that, when lit to a high intensity, significantly lights up the entire room. Lamp 406 may be referred to as a burst lamp, akin to a subwoofer of light, whereby an intense brightness is generated to provide a sudden sensation of light. Lamp 401 may be placed in a rear right position with respect to a viewing angle of television 407; lamp 402 may be placed in a rear left position; lamp 403 may be placed in a front right position; lamp 404 may be placed in front left position; and lamp 405 may be placed behind TV 407 in a center position. Lamp 406 may be placed in a discreet position, e.g., behind a plant or other obstacle, so as to prevent a viewer from looking directly at lamp 406 when lamp 406 is fully engaged. The remote control device may associate the light sources 300 with a planar view of the area such as that shown on FIG. 4. Using ranging or other suitable mechanism, the light sources may detect the distance from for example, the television and/or set top device, and then display the relative location on a control device (e.g., an IPAD or other tablet device).
a plurality of lights generally located across a ceiling;
FIG. 13, the room setup on the left might correspond to a room setup with free standing lamps or table lamps, whereas the room setup on the right might correspond to a room having recessed lighting in the ceiling.
a plurality of speakers generally located across a ceiling;
[0072] While the above method has been described with respect to dynamic ambient lights, a similar pairing method may also be used with any other location dependent system using position-dependent devices, e.g., surround sound speakers, microphone arrays, vibration generators, smell/olfactory sources, directional wind generators, heat sources, moisture generators, and the like, in order to exchange pairing and position information in a single process.
a scent dispense (sic believed to be “dispenser”) can be located on a ceiling as well;
Sako cites:
[0151] In addition to the illumination unit 21 and the speaker 23, an actuator of the device 2 may be an actuator that can output scent, vibration (tactile sense), or wind pressure. Accordingly, the device 2 can output scent, vibration (tactile sense), or wind pressure according to a user.
a microprocessor;
figure 2, processor 201
a controller;
figure 2, lighting controller 211 or device controller 207;
a stereo audio receiver amplifier board for controlling one or more speakers;
[0084] For example, a type from within the PMT may be used, and the binary stream, synchronized to the concurrently received video and audio stream.
an LED or light controller for controlling one or more lights;
figure 2, lighting controller 211
[0034] Lighting controller 211 may dynamically control one or more light sources 300 (e.g., a light fixture and/or the bulb therein)
[0035] With reference to FIG. 3, an illustrative light source 300 is shown. In this embodiment, the light source 300 may be configured as a 4-color LED.
and
a control panel located or mounted on a wall or at any other location as desired.
Figure 2 and [0062] According to another aspect, pairing may be performed via near-field communications (NFC) or other short range RF communication using input device 208, e.g., a remote control. In such an aspect, device 200 and input device 208 may each include an NFC chip 212, 215. Device 200 may optionally include NFC chip 212 within lighting controller 211, I/O 209, or separately within device 200, as shown.
Regarding the excepted: a plurality of speakers generally located across a ceiling; Sallas, as disclosed above, includes an embodiment employing speakers in a surround sound configuration. Sallas doesn’t disclose the speakers “located across a ceiling.”
In the same art of illumination devices, Sako discloses:
[0005] For example, JP 2008-35133T discloses a speaker apparatus including an illumination cabinet integrally attached under a speaker cabinet that hangs from the ceiling, the speaker cabinet including multiple speakers at a substantial angle of 45 degrees such that the multiple speakers are directed toward the ceiling. The speaker apparatus receives audio signals from an audio main body, and reproduces the audio signals from the speakers included in the speaker cabinet. The speaker apparatus can provide an audio environment according to a luminous intensity of illumination by controlling an amplification level of an amplifier in conjunction with a light quantity level of the illumination. A sound volume of the speakers are hereby lowered, for example, when a listener makes a room darker than a given level in order to sleep.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Sallas’s embodiment to employ Sako’s ceiling mounted speaker system such that the claimed invention is realized. Sako discloses a known alternative embodiment for mounting speakers in the ceiling. One of ordinary skill would have substituted Sako’s embodiment into Sallas and the results of the substitution would have provided a modified embodiment meeting the claimed invention.
Regarding the excepted: “a scent dispense (sic believed to be “dispenser”) can be located on a ceiling as well,” Sallas doesn’t disclose the above claimed limitations. However, in the same art of audio illumination systems, Sako, as previously cited, discloses using a controller to control an illumination environment, an audio environment, and a “scent environment.”
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention include into Sallas the scent environment disclosure of Sako such that the claimed invention is realized. Sako discloses a known alternative embodiment for including controlling scents. One of ordinary skill would have included Sako’s embodiment into Sallas and the results of the including would have provided an expanded embodiment producing a system that addresses audio, visual, and sensory experiences.
Regarding the excepted: a stereo audio receiver amplifier board for controlling one or more speakers, as discussed above, Sallas discloses using an “audio stream,” however, the excepted claim limitations aren’t disclosed.
In the related art of augmented reality, Bradski discloses:
[0538] The left PCBA 2502 may include a left earphone or speaker connector 2536, to communicatively couple audio signals to a left earphone or speaker 2538 of the head worn component. The left PCBA 2502 may include an audio signal amplifier (e.g., stereo amplifier) 2542, which is communicative coupled to the drive earphones or speakers
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Sallas the stereo receive amplifier such that the claimed invention is realized. Bradski discloses a known embodiment wherein stereo amplifiers as used in immersive system. Furthermore, the inclusion of the “board” limitation is merely a structure for providing a unification point to organize the components to which the claimed “stereo amplifier” is provided. One of ordinary skill in the art would have included the stereo amplifier as a known means to provide audio for an immersion experiences.
Additionally, the cited “board” as used in the “stereo amplifier board” is known in the art. Accordingly, the Examiner asserts an “Official Notice” regarding this known feature according to MPEP 2144.03.
On claim 2, Sallas cites:
The system of claim 1, wherein the location includes an enclosed room, an open room/bar area, entryway, game rooms, a restaurant, restaurant sections, customer gathering areas, or prize redemption areas in an arcade, casino, or similar establishment.
[0039] With reference to FIG. 4, a room 400 or any other media consumption environment may include multiple light sources (e.g., lamps 401-405).
On claim 3, Sallas and Sako cites:
The system of claim 1, wherein the plurality of lights and speakers located on the ceiling provide the audio and visual experience.
See the rejection of claim 1 wherein Sako was disclosed as:
[0005] For example, JP 2008-35133T discloses a speaker apparatus including an illumination cabinet integrally attached under a speaker cabinet that hangs from the ceiling, the speaker cabinet including multiple speakers at a substantial angle of 45 degrees such that the multiple speakers are directed toward the ceiling.
Claims 4, 9, and 17 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653.
On claim 4, Salas cites except as underlined:
The system of claim 1, wherein the scent dispenser dispenses a scent to match that of the immersive experience.
As disclosed in the rejection of claim 1, Sako disclosed an embodiment employing a “scent environment.” Sako did not disclosed the excepted claim limitations. In the same art of immersive experience inventions, Luna discloses:
[0182] In some examples the scent generator 3980 may be external to the combination speaker and light source device(s) as depicted in FIG. 39, may be internal to the combination speaker and light source device(s) (e.g., scent generator 3377 as depicted in FIG. 33), or both. Scent generation may be used to affect a mood of the user and/or induce a desired behavior in the user, such as emitting chemicals 3981 designed to relax the user when sensor data indicates the user is stressed, emitting chemicals 3981 designed to cause the user to sleep, emitting chemicals 3981 designed to awaken the user from sleep, or emitting chemicals 3981 designed to increase concentration, focus, or attention in the user, for example.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Sallas and Sako’s “scent environment” using the scent generator of Luna such that the claimed invention is realized. Per Luna, “Scent generation may be used to affect a mood of the user and/or induce a desired behavior in the user, such as emitting chemicals 3981 designed to relax the user when sensor data indicates the user is stressed, emitting chemicals 3981 designed to cause the user to sleep, emitting chemicals 3981 designed to awaken the user from sleep, or emitting chemicals 3981 designed to increase concentration, focus, or attention in the user, for example.”
On claim 9, Sallas cites except as underlined:
The system of claim 1, further comprising
the microprocessor
[0033] FIG. 2 illustrates general hardware and/or software elements that can be used to implement any of the various devices discussed above. In illustrative embodiments, the computing device 200 may include one or more processors 201
and controller connected between the control panel and
[0034] Lighting controller 211 may dynamically control one or more light sources 300 (e.g., a light fixture and/or the bulb therein)
physical components such as (112(b)) the lights,
[0034] Lighting controller 211 may dynamically control one or more light sources 300 (e.g., a light fixture and/or the bulb therein)
speakers,
[0072] The method may be modified by adding steps, combining steps, or rearranging steps, provided the end result is the same, namely, pairing each light with the lighting controller, with known positions.
scent dispenser; and
the microprocessor and controller having a
memory for the storing in memory
[0033] The instructions may be stored in any type of computer-readable medium or memory, to configure the operation of the processor 201. For example, instructions may be stored in a read-only memory (ROM) 202, random access memory (RAM) 203, removable media 204, such as a Universal Serial Bus (USB) drive, compact disk (CD) or digital versatile disk (DVD), floppy disk drive, or any other desired electronic storage medium. Instructions may also be stored in an attached (or internal) hard drive 205.
one or more pre-programmed immersive experiences and for controlling, presenting, and delivering a selected pre-programmed show to the room and participants for a fixed period of time.
[0076] With reference to FIG. 10, an illustrative method for dynamically altering lighting based on a lighting scheme corresponding to a video program is described. According to an aspect, a video program may have a predetermining lighting scheme with which it is associated, e.g., created by an individual or entity such as the content creator or provider, created automatically by video analysis software such as video segmenting software, and/or a mixture of the two, etc. According to one aspect, producers of content can insert and send lighting instructions having one or more predetermined lighting scheme in a video stream (e.g., and MPEG-2 video stream) which can control the ambient lighting as the video is being viewed, by leveraging the capabilities described above.
Regarding the excepted: scent dispenser, Sallas, as indicated above, discloses an embodiment in which lights and controlled using the cited lighting control. However, Sallas doesn’t disclose using a “scent dispenser.” As disclosed in the rejection of claim 1, Sako disclosed an embodiment employing a “scent environment.” While Sako did not disclosed the excepted claim limitations, Luna disclosed:
[0182] In some examples the scent generator 3980 may be external to the combination speaker and light source device(s) as depicted in FIG. 39, may be internal to the combination speaker and light source device(s) (e.g., scent generator 3377 as depicted in FIG. 33), or both. Scent generation may be used to affect a mood of the user and/or induce a desired behavior in the user, such as emitting chemicals 3981 designed to relax the user when sensor data indicates the user is stressed, emitting chemicals 3981 designed to cause the user to sleep, emitting chemicals 3981 designed to awaken the user from sleep, or emitting chemicals 3981 designed to increase concentration, focus, or attention in the user, for example.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Sallas and Sako’s “scent environment” to connect Luna’s “scent generator” such that the claimed invention is realized. Scent generation is known in the art of immersive systems and one of ordinary skill would have included Luna’s scent generation into the Sallas since this is a known element used in immersive experience systems and one of ordinary skill would have expanded the sensor perception of Sallas using Luna’s embodiment.
Regarding the excepted: delivering a selected pre-programmed show to the room and participants for a fixed period of time, as indicated in Sallas, programs are included to alter lighting and indicated in [0010]. Sallas doesn’t disclose the excepted claim limitations. However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention include into Sallas the added quality of ending an immersive lighting experience “for a fixed period of time.” One of ordinary skill would have incorporated an end state to the programming to allow the user to pursue other activities.
On claim 17, Sallas cites except as underlined:
The system of claim 9, further comprising a wireless microphone and transmitter which is either static or interactive with the song and/or lights;
[0033] There may also be one or more user input devices 208, such as a remote control, keyboard, smart phone, tablet, mouse, touch screen, microphone, etc.
[0072] While the above method has been described with respect to dynamic ambient lights, a similar pairing method may also be used with any other location dependent system using position-dependent devices, e.g., surround sound speakers, microphone arrays,
the wireless microphone also provides feedback for karaoke and makes the environment dynamic (112(b)) instead of static or pre-programmed; and
a plug in for third party devices provides wireless connection for third party devices.
[0031] This content may be, for example, video on demand movies, television programs, songs, text listings, etc. The content may include associated lighting instructions. The content server 106 may include software to validate user identities and entitlements, locate and retrieve requested content, encrypt the content, and initiate delivery (e.g., streaming) of the content to the requesting user and/or device. The content server 106 may also include segmented video where lighting instructions are inserted into the video and associated with particular segments of video.
Regarding the excepted: the wireless microphone also provides feedback for karaoke and makes the environment dynamic instead of static or pre-programmed, as disclosed previously, as discussed in Sallas, a microphone is provided as an input device 208. However, the microphone isn’t characterized as wireless microphone.
However Sallas discloses:
[0054] Using the hardware components (lights, wireless networks, media distribution networks, etc.), primitives, effects, and schemes described above, aspects described herein provide the architecture for dynamic lighting schemes to be performed in conjunction with a media program, which will dynamically change the hue and intensity of light sources within the proximate viewing area surrounding a video in order to enhance the viewing experience.
And
[0030] The central location 103 may also include one or more network interfaces 108, which can permit the central location 103 to communicate with various other external networks 109. These external networks 109 may include, for example, networks of Internet devices, telephone networks, cellular telephone networks (3G, 4G, etc.), fiber optic networks, local wireless networks (e.g., WiMAX), satellite networks, PSTN networks, internets, intranets, the Internet, and/or any other desired network. The interface 108 may include the corresponding circuitry needed to communicate on the external network 109, and/or to other devices on the external.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention modify Sallas’s microphone to include wireless capability. One of ordinary skill would have included a wireless microphone as way to avoid the use of cabling between the microphone and the immersion system. Furthermore, as discussed above, while Sallas doesn’t specifically disclose using the microphone to provide a microphone for “karaoke.” However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include at least songs, as disclosed in [0031] used in conjunction with the microphone. One of ordinary skill would have included this feature to act as an announcer or “DJ” for the programming for the immersive experience.
Claim 10 is rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 (as evidenced by Sun U.S. 2014/0298177) in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653 (as evidenced by Sun, U.S. 2014/0298177).
On claim 10, Sallas (as evidenced by Sun U.S. 2014/0298177) cites:
The system of claim 9, wherein the microprocessor communicates with the led controller which controls the lights to deliver the lighting experienced of a selected pre-programmed show;
figure 2, lighting controller 211
[0034] Lighting controller 211 may dynamically control one or more light sources 300 (e.g., a light fixture and/or the bulb therein)
[0035] With reference to FIG. 3, an illustrative light source 300 is shown. In this embodiment, the light source 300 may be configured as a 4-color LED.
the microprocessor receives input from a touchscreen tablet or from a wireless microphone and transmitter to received input and feedback to control and/or adjust the pre-programmed light show based on the received input, including audio from the microphone over the speakers or adjustments or changes received from the tablet which are then processed by the microprocessor and disseminated to the corresponding hardware to make the input effective.
[0038] According to some embodiments, transceiver 321 may instead consist only of a receiver, and not include the ability to output send data. According to other embodiments, light 300 might include only 3 LEDs, omitting the high-intensity white LED. Light source may be variously configured such that processor 311 and/or transceiver 321 may be mounted in the base of the housing 301. In illustrative embodiments, an application downloadable to a remote control device (e.g., an i-Pad/i-Phone) may be utilized to set and/or control the light source either alone and/or in conjunction with the lighting instructions. The remote control may override the lighting instructions and/or enable the lighting instructions. Further, the remote control may set parameters for the lighting instructions such as minimum lighting levels.
(Sun: [0003] In respect to mobile computing devices, such as touchscreen-based mobile devices like the iPad, iPhone, Samsung Galaxy, HTC One, Windows-based devices like the Nokia Lumina, and Blackberry)
Claim 11 is rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 (as evidenced by Sun U.S. 2014/0298177) in view of Sako et al., U.S. 2014/0125451 and Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653.
On claim 11, Sallas cites:
The system of claim 10, wherein the microprocessor communicates with the stereo audio receiver amplifier board which controls the speakers to deliver the sound/audio experienced of a selected pre-programmed show;
See the rejection of claim 1 citing the Bradski on the “stereo amplifier board.”
the microprocessor communicates through the controller with a touchscreen (112(b) a.b.) for user control for receiving input;
See the rejection of claim 10 citing Sallas’s remote control being an iPad.
the microprocessor communicates through the controller with a WIFI hub for receiving input;
[0037] The processor 311 may control the LEDs based on communication signals (e.g., lighting instructions) received via transceiver 321, when those communication signals are addressed to the MAC address associated with that light source. Transceiver 321 may be variously configured to include, for example, a Wi-Fi,
the microprocessor communicates through the controller with a wireless remote control for receiving input;
See the rejection of claim 10 citing Sallas’s remote control being an iPad.
the microprocessor communicates through the controller with a display for displaying visual output;
figure 2, processor 201 coupled to lighting controller 211 controlling lights 300.
and
the microprocessor communicates through the controller with a wireless scent mister for scent output.
Regarding the excepted: the microprocessor communicates through the controller with a wireless scent mister for scent output, Sako, as disclosed in the rejection of claim 1 cites:
[0151] In addition to the illumination unit 21 and the speaker 23, an actuator of the device 2 may be an actuator that can output scent, vibration (tactile sense), or wind pressure. Accordingly, the device 2 can output scent, vibration (tactile sense), or wind pressure according to a user.
Sako did not disclosed the excepted claim limitations, Luna disclosed:
[0182] In some examples the scent generator 3980 may be external to the combination speaker and light source device(s) as depicted in FIG. 39, may be internal to the combination speaker and light source device(s) (e.g., scent generator 3377 as depicted in FIG. 33), or both. Scent generation may be used to affect a mood of the user and/or induce a desired behavior in the user, such as emitting chemicals 3981 designed to relax the user when sensor data indicates the user is stressed, emitting chemicals 3981 designed to cause the user to sleep, emitting chemicals 3981 designed to awaken the user from sleep, or emitting chemicals 3981 designed to increase concentration, focus, or attention in the user, for example.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Sallas and Sako’s “scent environment” to connect Luna’s “scent generator” such that the claimed invention is realized. Scent generation is known in the art of immersive systems and one of ordinary skill would have included Luna’s scent generation into the Sallas since this is a known element used in immersive experience systems and one of ordinary skill would have expanded the sensor perception of Sallas using Luna’s embodiment.
Claims 5 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653 and Kvietok et al., U.S. 2004/0028551.
On claim 5, Sallas cites except:
The system of claim 4, wherein the scent is any available scent such as (112(b) indef) vanilla, cherry, or pine, or any developed future scent could be selected for dispensing.
As disclosed in the rejection of claim 4, Sako and Luna disclosed an embodiment wherein scent generation is used. None of the references disclosed a particular scent.
In the related art of volatile compositions, Kvietok discloses
[0041] The different scents can be related to each other by a common theme, or in some other manner. For example, the different scents can all be floral, fruit scents, etc. An example of scents that are different, but complementary might be a vanilla scent and a French vanilla scent.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention. As discussed in Kvietok, scents can be related to a common theme. In the rejection of claim 4, the theme involved putting a user into a desired behavior. Per Kvietok, an example of using vanilla would be part of that behavior. One of ordinary skill would have included vanilla as another way to influence the mood of a user.
Claims 6 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Tamaoki et al., U.S. 2017/0076503.
On claim 6, Sallas cites except:
The system of claim 1, wherein the control panel is comprised of a selectable menu via a touch panel or a wireless touchscreen tablet for selecting pre-programmed immersive experience programs as desired for the immersive experience desired to be delivered.
In the rejection of claim 1, Sallas disclosed an embodiment for immersive experiences wherein a control panel is disclosed, which was a remote control. Sallas didn’t disclose the excepted claim limitations:
In the similar art of virtual reality systems, Tamaoki discloses:
[0260] Note that the game device main body 1002 has been connected to the touch panel 1004, the range sensor unit 1100, the game controller 1200, and the headset 1300 after completion of an authentication process. In one embodiment of the invention, the desired menu item can also be selected using the game controller 1200.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention modify Sallas’s remote control using the touch panel menu selection feature of Tamaoki such that the claimed invention is realized. Tamaoki discloses a known way to provide control for an entertainment system and one of ordinary skill would have incorporated such a known device into the immersion system disclosed in Sallas such that the claimed invention is realized.
Claims 7 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Velazquez, U.S. 2014/0292222.
On claim 7, Sallas cites except as underlined:
The system of claim 1, wherein a typical on/off button is used as a remote control panel or button to simply turn on and off the experience, or to start a pre-programmed experience for execution/delivery to the room.
As disclosed in the rejection of claim 1, Sallas disclosed the use of a remote control for controlling an immersion system. Sallas doesn’t disclose using an “on/off button.”
In the same art of lighting controls, Vasquez discloses:
[0025] The power switch 312 provides a means for turning on/off the lighting system controller 300. The antenna 310 provides the means for communicating with the portable wireless remote control device 200 (FIG. 1).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to substitute Sallas’s remote control device with the power switch of Vasquez such that the claimed invention is realized. Vasquez’s on/off button is the same as a power switch and one of ordinary skill would have substituted the remote control for the power switch as a known way to control power and the substitution would have realized the claimed invention.
Claims 8 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Velazquez, U.S. 2014/029222 and Cornell et al., U.S. 2006/0166728.
On claim 8, Sallas cites except as underlined:
The system of claim 7, wherein a digital or hard button is used to start the show;
(see the rejection of claim 7 citing the power switch which is analogous to the claimed “hard button.”)
and
the button is a multi-button with colored buttons for selecting different pre-programmed themes or immersive experience routines.
As disclosed in the rejection of claim 1, Sallas discloses a remote control used as an input device to allow a user to select different aspects of the immersive light system. Sallas doesn’t disclose the excepted claim limitations.
In the related art of gaming, Cornell discloses:
[0014] FIGS. 5a and 5b are top views of a button panel with multicolored buttons illuminated in first and second colors, respectively
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to substitute Sallas’s remote control with the multicolored buttons disclosed in Cornell such that the claimed invention is realized. Cornell discloses a known embodiment for using colored buttons to allow a user to select a choice based on color and one of ordinary skill would have included such a feature into Sallas to allow a user a festive choice in selection that aligns with the user’s immersive experience choice.
Claims 12-15 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653 and Yang et al., U.S. 2007/0150082.
On claim 12, Sallas cites except as underlined:
The system of claim 9, wherein options stored in memory and selectable include, but are not limited to (112(b) indefinite), selectable sound profiles for bass, the “Happy Birthday” song, and sport club song(s).
[0031] This content may be, for example, video on demand movies, television programs, songs, text listings, etc. The content may include associated lighting instructions. The content server 106 may include software to validate user identities and entitlements, locate and retrieve requested content, encrypt the content, and initiate delivery (e.g., streaming) of the content to the requesting user and/or device. The content server 106 may also include segmented video where lighting instructions are inserted into the video and associated with particular segments of video.
On claim 13, Sallas cites:
The system of claim 9, wherein in a single immersive experience, a pre-programmed immersive experience might (112(b)) include a light show in combination with playing a song.
[0031] This content may be, for example, video on demand movies, television programs, songs, text listings, etc. The content may include associated lighting instructions. The content server 106 may include software to validate user identities and entitlements, locate and retrieve requested content, encrypt the content, and initiate delivery (e.g., streaming) of the content to the requesting user and/or device. The content server 106 may also include segmented video where lighting instructions are inserted into the video and associated with particular segments of video.
On claim 14, Salas cites:
The system of claim 9, wherein in an immersive experience, one or more songs are played in combination with a pre-programmed light show for a period of time or possibly (112(b) indefinite) on a loop.
[0031] This content may be, for example, video on demand movies, television programs, songs, text listings, etc. The content may include associated lighting instructions. The content server 106 may include software to validate user identities and entitlements, locate and retrieve requested content, encrypt the content, and initiate delivery (e.g., streaming) of the content to the requesting user and/or device. The content server 106 may also include segmented video where lighting instructions are inserted into the video and associated with particular segments of video.
On claim 15, Sallas cites:
The system of claim 9, further comprising supplemental or replacement lights including one or more laser lights, rope LED lights, projection screens or projectors, pictures, video, and other sensory technologies for visual displays.
[0035] With reference to FIG. 3, an illustrative light source 300 is shown. In this embodiment, the light source 300 may be configured as a 4-color LED.
[0031] This content may be, for example, video on demand movies, television programs, songs, text listings, etc. The content may include associated lighting instructions. The content server 106 may include software to validate user identities and entitlements, locate and retrieve requested content, encrypt the content, and initiate delivery (e.g., streaming) of the content to the requesting user and/or device. The content server 106 may also include segmented video where lighting instructions are inserted into the video and associated with particular segments of video.
Claim 16 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653 and Peace et al., U.S. 2024/0111484.
On claim 16, Sallas cites except as underlined:
The system of claim 9, further comprising supplemental or replacement sound device including one or more subwoofers, and
a plug in for user or third/party music players.
[0031] This content may be, for example, video on demand movies, television programs, songs, text listings, etc. The content may include associated lighting instructions. The content server 106 may include software to validate user identities and entitlements, locate and retrieve requested content, encrypt the content, and initiate delivery (e.g., streaming) of the content to the requesting user and/or device. The content server 106 may also include segmented video where lighting instructions are inserted into the video and associated with particular segments of video.
Regarding the excepted: The system of claim 9, further comprising supplemental or replacement sound device including one or more subwoofers, Sallas previously disclosed:
[0084] For example, a type from within the PMT may be used, and the binary stream, synchronized to the concurrently received video and audio stream.
Sallas didn’t disclose using subwoofers.
In the related art of entertainment systems, Peace cites:
[0129] A home theater system setup is depicted by a numerical notation including a first value indicating a number of audio channels that are supported by the home theater system, (e.g., front, left, and right audio channels that provide sound on a horizontal plane), a second value indicating a number of subwoofers that are included in the home theater system,
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention include into Sallas’s embodiment the subwoofer included embodiment of Peace such that the claimed invention is realized. Peace discloses an known embodiment for providing audio related to an immersion experience and one of ordinary skill would have adopted Peace’s subwoofer system to improve or change Sallas’s immersion system.
Claims 18 and 19 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653 and Peace et al., U.S. 2024/0111484 and Rivera, U.S. 2022/0329892.
On claim 18, Sallas cites except as underlined:
The system of claim 17, further comprising the wireless microphone and microprocessor communicate with a karaoke machine, device, or service to deliver a form of entertainment;
See the rejection of claim 17, which discloses the same subject matter.
the wireless microphone and microprocessor communicate with a karaoke machine to combine the audio recorded by the microphone with the audio from the prerecorded backing tracks and displays or streams them over a web based platform;
[0031] This content may be, for example, video on demand movies, television programs, songs, text listings, etc. The content may include associated lighting instructions. The content server 106 may include software to validate user identities and entitlements, locate and retrieve requested content, encrypt the content, and initiate delivery (e.g., streaming) of the content to the requesting user and/or device. The content server 106 may also include segmented video where lighting instructions are inserted into the video and associated with particular segments of video.
and configured to provide automotive karaoke, where lighting, and projection can be added individually or in combination through the microprocessor and an additional karaoke controller to an automobile.
As previously disclosed in the rejection of claim 17, Sallas cites;
[0031] This content may be, for example, video on demand movies, television programs, songs, text listings, etc. The content may include associated lighting instructions. The content server 106 may include software to validate user identities and entitlements, locate and retrieve requested content, encrypt the content, and initiate delivery (e.g., streaming) of the content to the requesting user and/or device.
Salas doesn’t disclose using the microphone with a karaoke system.
In the same art of entertainment systems, Rivera discloses:
[0022] At the network location, the captured video is combined, with reference to the synchronized times, with high-quality audio captured by the first microphone connected to the jukebox and high-quality song audio corresponding to the song associated with the karaoke performance, in order to create a combined recording of the karaoke performance.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Sallas the microphone/karaoke features disclosed in Rivera such that the claimed invention is realized. Rivera discloses an embodiment employing a known karaoke system with a microphone which is networked into an entertainment system. One of ordinary skill, apprised of these known features, would have included Rivera’s karaoke system as another means of expanding an existing entertainment system.
Regarding the excepted “automotive karaoke,” as disclosed previously, Rivera discloses a networked karaoke system provided in a network. Furthermore, Rivera cites:
[0017] An aspect of certain exemplary embodiments relates to providing a karaoke jukebox connected system with collaborative touch points (including, for example, user devices such as mobile phones, tablets, etc.; jukeboxes themselves; game or other fixed or portable terminals in a location; etc.) that define unique moments
Neither Sallas nor Rivera discloses “automotive karaoke.” However, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Sallas and Rivera the aspect of having “automative karaoke” as an option. First, Rivera already suggests a “mobile implementation” of the above karaoke system by having at least a mobile phone connected to the system. Second, having “automotive karaoke” presumes there is a portability aspect to this embodiment. Unless implementing a portable karaoke system provides something new and unexpected, and the non-mobile version of the karaoke device provides the same functions as the mobile karaoke system, making the system portable isn’t considered patentable subject matter.
MPEP 2144 V. MAKING PORTABLE, INTEGRAL, SEPARABLE, ADJUSTABLE, OR CONTINUOUS
A. Making Portable
In re Lindberg, 194 F.2d 732, 93 USPQ 23 (CCPA 1952) (Fact that a claimed device is portable or movable is not sufficient by itself to patentably distinguish over an otherwise old device unless there are new or unexpected results.).
On claim 19, Salas cites except:
The system of claim 17, further comprising a debit card system trigger, from a game for high value winnings.
[0077] In this example, in step 1001, a lighting scheme is generated based on a particular video program. The lighting designer may include a human user, using a studio application or other software, manually selecting effects to be applied within a video program, and associating those effects with specified times, durations, and/or transitions. Alternatively, the lighting designer may include automated video analysis software that automatically segments the video into various segments, detects certain events within those segments, e.g., flashing police lights, explosions, plays in a football game, touch downs, etc., and automatically applies applicable effects at corresponding times and durations in the video program.
Sallas doesn’t disclose using a “debit card system trigger.”
In the same art of entertainment systems, Rivera cites:
[0004] Each of these jukebox devices are generally located in a bar, restaurant, club, or other desired location, and are operable to play music (e.g., from a suitable storage location such as, for example, from a local server, a central and potentially remote server, from local storage, etc.) in response to receiving a payment from a user, such as coins, bills, credit/debit card, etc., and having one or more songs selected by the user for play.
Accordingly, Rivera discloses an embodiment in which an entertainment device become enabled with a debit/credit card transaction occurs.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Sallas the features described in Rivera such that the claimed invention is realized. As Sallas disclosed above, lighting and other effaces are used to highlight certain events such as football games (which depending on the venue, can be discloses as a “game for high value winnings.” The debit/credit card trigger can be used to enable access to a closed cast football game. One of ordinary skill would have included the debit/credit card feature to monetize the system.
Claims 20-23 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451, Bradski et al., U.S. 2016/0026253, and Luna et al., U.S. 2014/0334653, and Jin et al., U.S. 2018/0154034.
On claim 20, Sallas cites except as underlined:
The system of claim 17, wherein when used in combination with a casino, arcade, or other gaming location, in connection with a jackpot being hit;
a scent dispenser releases a selected scent; and
remote area displays can be used to display the jackpot, which can be a light or a video feed from the microprocessor.
In the rejection of claim 9, of which claim 20 depends, Luna discloses:
[0182] In some examples the scent generator 3980 may be external to the combination speaker and light source device(s) as depicted in FIG. 39, may be internal to the combination speaker and light source device(s) (e.g., scent generator 3377 as depicted in FIG. 33), or both. Scent generation may be used to affect a mood of the user and/or induce a desired behavior in the user, such as emitting chemicals 3981 designed to relax the user when sensor data indicates the user is stressed, emitting chemicals 3981 designed to cause the user to sleep, emitting chemicals 3981 designed to awaken the user from sleep, or emitting chemicals 3981 designed to increase concentration, focus, or attention in the user, for example.
Furthermore, Sako, in the rejection of claim 1, cited:
[0151] In addition to the illumination unit 21 and the speaker 23, an actuator of the device 2 may be an actuator that can output scent, vibration (tactile sense), or wind pressure. Accordingly, the device 2 can output scent, vibration (tactile sense), or wind pressure according to a user.
However, neither Sako nor Luna disclosed using the scent feature in conjunction with gaming.
In the related art of scent dispensing, Jin discloses:
Page 15, claim 85:
The device as in claim 82, wherein the scent experience includes a gaming experience operated on a computer in a facility or operated remotely.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Sallas, Sako, and Luna the claimed embodiment disclosed in Jin such that the claimed invention is realized. Jin discloses a known embodiment in which scent is used to highlight a gaming experience by using scent. Additionally, while none of the references speak to a “jackpot” in particular, the broadest reasonable interpretation that one of ordinary skill would be derived from Jin is any gaming experience will include scent. A “jackpot” is associated with a slot machine, and by definition, a slot machine is a gaming (albeit also a gambling) device. Thus one of ordinary skill would have included incorporating scents to highlight the gaming experience of a slot machine to bring to the user “attention in the user” (as disclosed in Luna.
On claim 21, Sallas cites except:
The system of claim 17, wherein when used in combination with a bowling lane or alley;
a pre-programmed theme or immersive experience routine run in response to a strike.
Sallas cites:
[0077] In this example, in step 1001, a lighting scheme is generated based on a particular video program. The lighting designer may include a human user, using a studio application or other software, manually selecting effects to be applied within a video program, and associating those effects with specified times, durations, and/or transitions. Alternatively, the lighting designer may include automated video analysis software that automatically segments the video into various segments, detects certain events within those segments, e.g., flashing police lights, explosions, plays in a football game, touch downs, etc., and automatically applies applicable effects at corresponding times and durations in the video program.
Sallas doesn’t disclose using this feature in conjunction with celebrating a bowling strike.
In the same art of gaming, Vaioli discloses:
[0019] More specifically, the present invention contemplates interacting Special Effects with a bowling scoring and management system. In this way, the bowling scoring and/or management system of a bowling center can control and/or manage the Special Effects content to be delivered within the bowling center, in order to behave with some meaningful interaction based on information available to a bowling scoring system. This information can be, illustratively, detection of a person or bowling ball at a certain location within the bowling center, e.g., crossing over a foul line, scoring events such as a strike, etc.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Sallas the features disclosed in Vaioli such that the claimed invention is realized. Vaioli discloses an known embodiment in which a special effects system is used to highlight a bowling strike. One of ordinary skill would have incorporate this known embodiment into Sallas as a known way to utilize the immersive experience as applied to bowling.
On claim 22, Sallas cites:
The system of claim 17, further comprising a strobe light or plurality of flashing lights near the entrance as part of the light show to simulate a VIP entrance and emulate the or replicate a paparazzi or red carpet type experience.
[0077] In this example, in step 1001, a lighting scheme is generated based on a particular video program. The lighting designer may include a human user, using a studio application or other software, manually selecting effects to be applied within a video program, and associating those effects with specified times, durations, and/or transitions. Alternatively, the lighting designer may include automated video analysis software that automatically segments the video into various segments, detects certain events within those segments, e.g., flashing police lights, explosions, plays in a football game, touch downs, etc., and automatically applies applicable effects at corresponding times and durations in the video program.
[0085] Predetermined effects may include any desired light channel(s), colors, strobes, durations, patterns, etc. The auxiliary devices such as laundry may be tied in via network 210.
Claims 23 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653 and Bone et al., U.S. 2009/0197673.
On claim 23, Sallas cites except as underlined:
The system of claim 17, further comprising seat speakers for hearing impaired people to feel the bass (112(b) a.b.) or the audio.
Sallas cites:
[[0072] While the above method has been described with respect to dynamic ambient lights, a similar pairing method may also be used with any other location dependent system using position-dependent devices, e.g., surround sound speakers, microphone arrays, vibration generators, smell/olfactory sources, directional wind generators, heat sources, moisture generators, and the like, in order to exchange pairing and position information in a single process.
Sallas doesn’t disclose using seat speakers.
In the same art of entertainment devices, Bone cites:
[0027] The audio chair example shown at 302 illustrates how a peripheral device can be built into a fixture within a game establishment, such as into a chair, table, or wall. In this example, the game player sits in the provided chair to use the wireless wagering game device 301, such as within a lounge or restaurant area, or within a gaming-specific area of the gaming establishment. The chair includes one or more speakers 303 that are operable to play sound to a chair occupant. The wireless wagering game system is operable to establish a connection with the audio chair's controller 304, such that audio information from the wagering game system such as sound effects, music, instructions, communication with an attendant, selected broadcast programming, or other audio information available via the wireless wagering game system 301 is sent to the controller 304 of the audio chair for playback via the audio chair's speakers 303. In a further embodiment, the audio chair includes other features, such as a bass shaker 305 that is operable to vibrate the chair to enhance the low frequency effect presented to a wagering game player sitting in the chair without disturbing other wagering game establishment patrons.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention include into Sallas the audio chair features disclosed in Bone such that the claimed invention is realized. Bone discloses another known device, the audio chair. One of ordinary skill would have included the audio chair into Sallas to allow a user an additional immersive experience. Furthermore, while the claim includes a requirement for the citation to include “hearing impaired people,” assuming the “hearing impared people” do not have sensory perception of “touch,” it can be assumed that the cited audio chair inherently includes properties applicable not only to normal people but also the hearing impaired. Furthermore, one cannot claim a class of people to associate with a device.
Claims 24 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653 and O’Connor et al., U.S. 2024/0149163 and Fulker et al., U.S. 2010/0245107.
On claim 24, Sallas cites except as underlined:
The system of claim 17, wherein the touchscreen control panel is further equipped with a software application to add wireless connectivity or remote activated experiences.
[0032] Another application server may be configured to operate ambient lighting devices manually via controls input by the user from a remote device such as a remote control, IPHONE, IPAD, tablet, laptop computer, and/or similar device.
However, Sallas doesn’t disclose the excepted claim limitations.
In the related art of software-enabled games,
O’Connor cites:
[0103] The platform operating service application can invoke additional software-enabled functionality including the “play on any screen” function (allows the user to reconfigure the multi-use port to have other functionality via the integrated application), live streaming, screen sharing, flashback recording, and more.
and in the art of touchscreen devices, Fulker cites:
[0277]The touchscreen 902 thus enables or forms a separate wireless network, or sub-network, that includes some number of devices and is coupled or connected to the LAN 250 of the host premises.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention include into Sallas the features disclosed in O’Connor and Fulker such that the claimed invention is realized. Sallas, while disclosing a touchscreen device, an iPad, doesn’t specifically disclose the touchscreen as using controls to control lighting. O’Connor discloses a feature of a service application include the ability to enable a function, the function of enabling connectivity to a wireless network provided by Fulker. One of ordinary skill, apprised of these renderings, would have provided an embodiment incorporating these known features such that the claimed invention is realized.
Claims 25 are rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653 and Duriseti et al., U.S. 2020/0320789.
On claim 25, Sallas cites except as underlined:
The system of claim 17, wherein the microprocessor is connected to an artificial intelligence (AI) module to add an interactive element to an immersive experience;
the microprocessor is connected to a third party AI application which enables one or more users to ask questions and get answers.
Sallas doesn’t disclose the excepted claimed invention. However, in the same art of immersive devices, Durisetti discloses:
[0044] The application has built-in AI to present relevant information in a context-intelligent way. [0049] Zingo: Zingo is a platform designed to assist members (patients/customers) with immersive and engaging ways to manage health conditions better, thus helping with reduced cost of care and improved wellbeing, and in the process, significantly reducing the health insurance expense for payers.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention include into Sallas the AI embodiment of Duriseti such that the claimed invention is realized. One of ordinary skill would have included AI into the system as a way to assist users in the operation of the system.
Claim 26 is rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al., U.S. 2014/0125451 Bradski et al., U.S. 2016/0026253 and Luna et al., U.S. 2014/0334653 and Yang et al., U.S. 2007/0150082 and Keeley et al., U.S. .
On claim 26, Sallas cites except the underlined:
The system of claim 15, wherein the AI module (112(b) a.b.) is combined with a mirror or other static or interactive display of an image to create a party room attendant experience.
Sallas cites:
[0077] In this example, in step 1001, a lighting scheme is generated based on a particular video program. The lighting designer may include a human user, using a studio application or other software, manually selecting effects to be applied within a video program, and associating those effects with specified times, durations, and/or transitions. Alternatively, the lighting designer may include automated video analysis software that automatically segments the video into various segments, detects certain events within those segments, e.g., flashing police lights, explosions, plays in a football game, touch downs, etc., and automatically applies applicable effects at corresponding times and durations in the video program.
Sallas doesn’t disclose the excepted claim limitations.
In the related art of AI assisted devices, Keeley cites:
[0050] The remote physical therapy system 100 includes a sensor 111 enabled to capture data, a client device 110 that displays an interactive avatar through a graphical user interface 112, a server system 105 that includes an AI Virtual Game Engine 120 which provides the functionality of the system and all of its embodiments as described throughout this document. The system may also include an Electronic Medical Record system 125. The different components of the system are connected via a network 115.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention include into Sallas the AI assisted system of Keeley such that the claimed invention is realized. One of ordinary skill would have included this feature to allow a user present in the Sallas immersive experience to be highlighted in the cited AI enabled gaming system of Keeley.
Furthermore, while the claim includes the intended use of the mirror to be in a “party room” setting, the intended use has no patentable effect.
Claim 27 is rejected under 35 USC 103 as being unpatentable over Sallas, U.S. 2014/0273818 in view of Sako et al. al., U.S. 2014/0125451 Bradski et al. al., U.S. 2016/0026253 and Luna et al. al., U.S. 2014/0334653 and Yang et al. al., U.S. 2007/0150082 and Smith et al., WO1/07094 (as evidenced by InEvent 2022)
On claim 27, Sallas cites except as underlined:
The system of claim 15, wherein the microprocessor runs/executes a white label software application to control the light and audio show to add commercials for revenue generation; and
the microprocessor runs/executes a white label software application controls the scent dispenser.
Sallas cites:
[0031] The content server 106 may include software to validate user identities and entitlements, locate and retrieve requested content, encrypt the content, and initiate delivery (e.g., streaming) of the content to the requesting user and/or device. The content server 106 may also include segmented video where lighting instructions are inserted into the video and associated with particular segments of video
Furthermore, in the rejection of claim 9, of which claim 27 depends, Luna discloses:
[0182] In some examples the scent generator 3980 may be external to the combination speaker and light source device(s) as depicted in FIG. 39, may be internal to the combination speaker and light source device(s) (e.g., scent generator 3377 as depicted in FIG. 33), or both. Scent generation may be used to affect a mood of the user and/or induce a desired behavior in the user, such as emitting chemicals 3981 designed to relax the user when sensor data indicates the user is stressed, emitting chemicals 3981 designed to cause the user to sleep, emitting chemicals 3981 designed to awaken the user from sleep, or emitting chemicals 3981 designed to increase concentration, focus, or attention in the user, for example.
However, neither Sallas nor Luna discloses the excepted claim limitations. In the related art of immersive advertising, Smith cites:
Page 58, lines 24-37 and page 59, lines 5-7: Other forms of advertising via the World Wide Web on the internet are possible. For example, banner advertising which are now prevalent throughout various web sites can utilize the scent technology. In an effort to grasp people's attention, banner advertisements for flower shops, for example, could emit floral scents either automatically as soon as the banner appears on the screen, or upon the user's clicking on the banner itself. For banners which emit scents automatically, the banner ad itself would have the scent object files incorporated in the banner along with other advertising information. For click-and-smell banners, the banners could simply employ a hyperlink which would reference the scent object files. A particular user's clicking of the hyperlink would initiate the scent transmission and the server web site would "serve" the scent object file. In effect, the "click-and-smell" function would simulate a "scratch-and-sniff' motif found in various print advertisements of popular magazines. With this new scent feature for banners, the advertisements can "come alive" and add a more forceful promotional effect. User interactive games in which people mail scent objects to each other will also be possible. Scent enabled greeting cards and electronic mail will also provide further marketing tools. In such as case, the greeting cards as well as the electronic mail will be sent from one user to another and will contain the scent chosen by the sender.
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include into Sallas the features disclosed in Luna as further modified by Smith such that the claimed invention is realized. Smith discloses a known embodiment of using advertising websites to advance the product of the sponsoring company of these websites and one of ordinary skill would have included this feature as an added sensory feature to sell the company’s product.
Furthermore, the claim includes the limitation “white label software.” InEvent, page 1 describes “while label software” in the following manner:
White label software is a fully customizable software, enabling companies to rebrand it as their own. Integrating front-end development services into the customization process of white label software can significantly enhance the user interface and experience, ensuring that the final product not only aligns with your brand identity but also meets the highest standards of user engagement and satisfaction. Explore the world of white label software development and discover how it can revolutionize your business. White label software is a fully customizable software, enabling companies to rebrand it as their own. It is typically sold as part of a subscription, as the software developer lends rights to use and customize the front-end aspects for a specific period. Front-end development services play a crucial role in creating a seamless user experience, from creating attractive interfaces to optimizing website performance. As such, customers can add their branding elements and present the software as their own to the end-users. In certain circumstances, such as the case of agencies, the customer can buy the software, rebrand it and resell it to another customer.
In short, “white label software” is nothing more than a type of “attractive website interface,” not unlike the World Wide Web advertising disclosed in Smith. Accordingly, even though none of the references specifically disclose the term “white label software,” that limitation has no patentable meaning since it is synonymous with a type of programmable advertising as shown in Smith.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAL EUSTAQUIO whose telephone number is (571)270-7229. The examiner can normally be reached on 8am-5pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Zimmerman, can be reached at (571) 272-3059. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application lnformation Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAlR only. For more information about the PAlR system, see http:/lpair-direct.uspto.gov. Should you have questions on access to the Private PAlR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-91 99 (IN USA OR CANADA) or 571-272-1000.
/CAL J EUSTAQUIO/Examiner, Art Unit 2686
/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686