DETAILED ACTION
This action is in response to communication filed on 03 December 2025. Claims 1, 9 and 15 have been amended. No claim has been canceled or added. Claims 1-20 are pending in the application and have been considered below.
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 .
Response to Arguments
Applicant argues that ["Because Beverly, Haddadi, and Meyer, alone or in combination, do not teach or even suggest each of the limitations contained in amended independent Claim 1, Beverly, Haddadi, and Meyer cannot render amended independent Claim 1 obvious, or any of the claims that depend therefrom. Accordingly, Applicant respectfully requests that this rejection be withdrawn, and that Claim 1 be allowed" (Page 8)] (see also similar arguments regarding independent claims 9 and 15 on pages 9 and 10, respectively).
The argument described above has been considered, and are persuasive. Therefore, rejection has been withdrawn. However, upon further search and consideration, a new ground of rejection is made, citing the new references MAYER et al. (US20130086831A1) and CUTLER et al. (US20040263636A1) (see claim 1, 9 and 15 rejections below).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over BEVERLY (US20060173564A1) in view of HADDADI et al. (EP4321230B1) and further view of MEYER et al. (US4089598A) and further view of MAYER et al. (US20130086831A1).
As to claim 1, BEVERLY teaches a personalized audio recording and playing device comprising: an audio recording device having a housing, and a plurality of electronic components for recording and playing an audio message (see par. 0008, wherein the present invention is reusable, preferably disposable, miniature, short duration audio recording and playback device; see also par. 0018, wherein as shown in FIGS. 1A-1C, the audio recording and playback device 10 comprises a housing 100 and a user interface 200. The housing 100 is adapted to receive the user interface 200, so that an individual can effectively utilize the user interface 200 to activate the audio recording and playback device 10; as taught by BEVERLY); wherein said electronic components having a touch based record button and a play button for initiating an audio recording and actuating a playback of said audio recording, a speaker, a microphone (see fig. 1A, par. 0021, wherein the user interface 200 can comprise a play switch 205, a record switch 210, a microphone 215, and a speaker 225; as taught by BEVERLY), a memory (see fig. 2, par. 0031, wherein the audio recording and playback system 300 includes a combination of components of the user interface 200 with a recording and playback unit 305, a memory storage device 310; as taught by BEVERLY), and a microprocessor (see par. 0038, wherein one skilled in the art will recognize that the recording and playback unit 305 can include a computer processor and software for performing the above-mentioned functionality; as taught by BEVERLY); wherein said record button activates said microphone for capturing said audio recording and for saving said audio recording to said memory (see par. 0022, wherein when the record switch 210 is triggered, the audio recording and playback device 10 is activated into the record mode, wherein audio is received by the microphone 215 and then stored on the audio recording and playback device 10 for subsequent playback; as taught by BEVERLY); wherein said audio recording having a message duration of up to a predetermined time duration (see par. 0017, wherein an audio recording and playback device 10 of FIG. 1 provides for the recording of audio having a predetermined duration and for the subsequent playback of the stored audio upon request by an individual; as taught by BEVERLY).
BEVERLY does not expressly teach a pivotable lid; a volume adjustment; wherein the housing comprises a top surface and a bottom surface that is detachable from the top surface; and further wherein the top surface comprises a static stylus glued to the top surface.
In similar field of endeavor, HADDADI teaches a pivotable lid (see figs. 1-8, par. 0016, wherein the toy includes a lid movably attached to the base for moving between a closed position in which the lid covers the PCB to prevent the PCB being viewed from outside housing, and a fully open position in which the housing exposes the PCB to viewing from outside the housing; see also par. 0027, wherein in embodiments of the toy of the third aspect, the lid may be pivotably attached to the base,; as taught by HADDADI).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the BEVERLY device to include the teachings of HADDADI for having a pivotable lid. Such a person would have been motivated to make this combination as it is beneficial for the user to be able to be able to use the lid to protect the device when it is stored away (see also HADDADI, par. 0046).
BEVERLY and HADDADI do not expressly teach a volume adjustment; wherein the housing comprises a top surface and a bottom surface that is detachable from the top surface; and further wherein the top surface comprises a static stylus glued to the top surface.
In similar field of endeavor, MEYER teaches volume adjustment (see fig. 1, item 100, the volume switch; as taught by MEYER).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the BEVERLY and HADDADI device to include the teachings of MEYER for having a volume adjustment. Such a person would have been motivated to make this combination as it is beneficial for the user to be able to control the volume of the sound to the desirable level.
BEVERLY, HADDADI and MEYER do not expressly teach wherein the housing comprises a top surface and a bottom surface that is detachable from the top surface; and further wherein the top surface comprises a static stylus glued to the top surface.
In similar field of endeavor, MAYER teaches wherein the housing comprises a top surface and a bottom surface that is detachable from the top surface; and further wherein the top surface comprises a static stylus glued to the top surface (see par. 0011, wherein the die cut piece resembling the record player arm 14 is positioned such that it is slightly angled above the record 12, such that it appears that the arm 14 is attached at one end to a turntable and at the other to a needle which is in contact with the top surface of the record 12; as taught by MAYER).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the BEVERLY, HADDADI and MEYER device to include the teachings of MAYER wherein the housing comprises a top surface and a bottom surface that is detachable from the top surface; and further wherein the top surface comprises a static stylus glued to the top surface. Such a person would have been motivated to make this combination as it is beneficial for the device to contain finishings which create the illusion of an old-fashioned phonograph or record player (see MAYER, par. 0011).
Claims 2-7 are rejected under 35 U.S.C. 103 as being unpatentable over BEVERLY (US20060173564A1) in view of HADDADI et al. (EP4321230B1) and further view of MEYER et al. (US4089598A) and further view of MAYER et al. (US20130086831A1) and further view of RAJARAM et al. (US20070078709A1).
As to claim 2, BEVERLY, HADDADI, MEYER and MAYER teach the limitations of claim 1. BEVERLY further teaches wherein said predetermined time duration is selected from the group consisting of 1 minute (see par. 0009, wherein the … audio recording and playback device … allows the recording and/or appending of audio message(s) up to 60 seconds long and playback of same; as taught by BEVERLY).
BEVERLY, HADDADI, MEYER and MAYER do not expressly teach: 2 minutes, 4 minutes, and 6 minutes.
In similar field of endeavor, RAJARAM teaches: 2 minutes, 4 minutes, and 6 minutes (see fig. 9, par. 0075, wherein the audio publisher or some other entity may provide absolute or relative times when ad spots are to start. The publisher or some other entity may further provide duration or times when the ad spots are to stop. For example, an audio publisher may specify that a first ad spot is to start at 8:20 AM EST and last two (2) minutes, a second ad spot is to start at 8:40 AM EST and last four (4) minutes and a third ad spot is to start at 8:52 and last six (6) minutes; as taught by RAJARAM).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the BEVERLY, HADDADI, MEYER and MAYER device to include the teachings of RAJARAM for selecting 2 minutes, 4 minutes, and 6 minutes. Such a person would have been motivated to make this combination as it is beneficial for the user to be able to select the length of the personal message based on the circumstances and preferences of the user.
As to claim 3, BEVERLY, HADDADI, MEYER, MAYER and RAJARAM teach the limitations of claim 2. HADDADI further teaches wherein said playback of said audio recording automatically actuated upon opening said lid (see fig. 24, par. 0086, wherein in at step 406, the controller 150 generates an audio control signal to control the audio transducer 130 to output a sound in accordance with selected audio file 158. Step 406 may be performed when the lid 50 is either closed or open; see also par. 0087, wherein The controller 150 also selects two different audio files 158 to control the audio transducer 130 to output different sounds when the lid 50 is closed and when the lid 50 is fully opened; as taught by HADDADI).
As to claim 4, BEVERLY, HADDADI, MEYER, MAYER and RAJARAM teach the limitations of claim 3. HADDADI further teaches wherein said electronic components having a power supply including batteries for portability of said audio recording device (see fig. 21, par. 0075, wherein in the power supply 180 may be one or more batteries, or in other embodiments, may be another source of electrical power (e.g., an electrical power supply adapter); as taught by HADDADI).
As to claim 5, BEVERLY, HADDADI, MEYER, MAYER and RAJARAM teach the limitations of claim 4. HADDADI further teaches wherein said memory connected to said speaker for said playback of said audio recording (see fig. 21, par. 0071, wherein the audio transducer 130 is implemented by a loud speaker disposed in the compartment 58 defined by the lid 50. Referring to Fig. 21, the audio files 158 are stored in the memory 154, such as in digital format. Different audio files 158 encode different sounds such as musical sequences, vocalized speech, or sound effects; as taught by HADDADI).
As to claim 6, BEVERLY, HADDADI, MEYER, MAYER and RAJARAM teach the limitations of claim 5. BEVERLY further teaches wherein said audio recording is a single audio message (see par. 0048, wherein if at 420, however, the recording and playback unit 305 determines that the received record signal does not indicate an append mode, then the recording and playback unit 305 proceeds to 430, where the recording and playback unit 305 converts the first electronic signal to digital data and provides the digital data to the memory storage device 310 for storage. The memory storage device 310 overwrites any data previously recorded on the memory storage device 310; as taught by BEVERLY).
As to claim 7, BEVERLY, HADDADI, MEYER, MAYER and RAJARAM teach the limitations of claim 6. BEVERLY further teaches wherein said microprocessor controlling said speaker and said microphone during said recording and said playback of said audio recording (see fig. 2, par. 0031, wherein the audio recording and playback system 300 includes the interaction between the play switch 205, record switch 210, microphone 215, speaker 225, message indicator 240, record toggle 245, recording and playback unit 305, memory storage device 310, and power supply 315; as taught by BEVERLY).
Claims 9-13 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over BEVERLY (US20060173564A1) in view of HADDADI et al. (EP4321230B1) and further view of MEYER et al. (US4089598A) and further view of MAYER et al. (US20130086831A1) and further view of RAJARAM et al. (US20070078709A1) and further view of CUTLER et al. (US20040263636A1).
Claim 9 amounts to the personalized audio recording and playing device of the combination of devices of claims 1, 5 and 6. Accordingly, claims 9 is rejected for substantially the same reasons as presented above for the combination of claims 1, 5 and 6, and based on the references’ disclosure of the necessary supporting hardware and software.
MAYER further teaches wherein the housing comprises a top surface and a bottom surface that is detachable from the top surface; ; wherein the plurality of electronic components are stored inside the housing between the top and bottom surfaces (see fig. 3, par. 0009, wherein a significant portion of the protective insert 18 contains a sunken in portion or cutout which is at a lower elevation than the perimeter edges and the remaining portion of the structure. This cutout portion contains openings thereon for the placement of one or more mechanical or electrical components, such as, for example, a speaker 20, a motor 22, a power source such as one or more batteries 26 and various wires which connect the various components to a circuit board 24. The openings in the cutout portion of the protective insert 18 may be shaped like the components such as a circular opening for the circular speaker; see also par. 0010, wherein various mechanical and electronic components, such as the motor 22 and sound modules may include, but are not limited to, a circuit board 24, an integrated circuit chip, a memory or digital storage device, a power source such as one or more batteries 26, a speaker 20, a motor 22, a switch 28, and any other component, familiar to one of skill in the art that is required or that facilitates the storage and playback of digital audio, the movement of a motor and other components connected thereto, the activation of one or more lights, or any other such special effects; see also figs. 2-3, items 20-32, par. 0011; as taught by MAYER) [see also figs. 1-8 HADDADI].
However, claim 9 differs from claim 1 wherein BEVERLY, HADDADI, MEYER, MAYER and RAJARAM do not expressly teach wherein the microphone is an echo cancellation microphone.
In similar field of endeavor, CUTLER teaches wherein the microphone is an echo cancellation microphone (see fig. 11, par. 0179, wherein a microphone input 1106 provides audio of the meeting to the remote client. TCP key frames 1114 are also available to the client … The microphone array 506 output is processed by the AEC module 1128 which performs acoustic echo cancellation, noise suppression and automatic gain control on the audio signal; as taught by CUTLER).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the BEVERLY, HADDADI, MEYER and MAYER device to include the teachings of CUTLER wherein the microphone is an echo cancellation microphone. Such a person would have been motivated to make this combination as it is beneficial for the user to use a system that offers echo cancellation/noise reduction/auto gain control to provide a rich conferencing and meeting recording experience (see also CUTLER, par. 0054).
Claim 15 largely amounts to the method that is performed by the combination of devices of claims 1, 5 and 6. Accordingly, claim 15 is rejected for substantially the same reasons as presented above for the combination of claims 1, 5 and 6, and based on the references’ of the necessary supporting hardware and software.
However, claim 15 differs from claim 1 wherein BEVERLY, HADDADI, MEYER, MAYER and RAJARAM do not expressly teach wherein the microphone is an echo cancellation microphone.
In similar field of endeavor, CUTLER teaches wherein the microphone is an echo cancellation microphone (see fig. 11, par. 0179, wherein a microphone input 1106 provides audio of the meeting to the remote client. TCP key frames 1114 are also available to the client … The microphone array 506 output is processed by the AEC module 1128 which performs acoustic echo cancellation, noise suppression and automatic gain control on the audio signal; as taught by CUTLER).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the BEVERLY, HADDADI, MEYER and MAYER device to include the teachings of CUTLER wherein the microphone is an echo cancellation microphone. Such a person would have been motivated to make this combination as it is beneficial for the user to use a system that offers echo cancellation/noise reduction/auto gain control to provide a rich conferencing and meeting recording experience (see also CUTLER, par. 0054).
Claims 10 and 16 amount to the personalized audio recording and playing device, and the method that is performed by the combination of devices of claim 2. Accordingly, claims 10 and 16 are rejected for substantially the same reasons as presented above for the claim 2 and based on the references’ disclosure of the necessary supporting hardware and software.
Claims 11 and 17 amount to the personalized audio recording and playing device, and the method that is performed by the combination of devices of claim 3. Accordingly, claims 11 and 17 are rejected for substantially the same reasons as presented above for the claim 3 and based on the references’ disclosure of the necessary supporting hardware and software.
Claims 12 and 18 amount to the personalized audio recording and playing device, and the method that is performed by the combination of devices of claim 4. Accordingly, claims 12 and 18 are rejected for substantially the same reasons as presented above for the claim 4 and based on the references’ disclosure of the necessary supporting hardware and software.
Claims 13 and 19 amount to the personalized audio recording and playing device, and the method that is performed by the combination of devices of claim 7. Accordingly, claims 13 and 19 are rejected for substantially the same reasons as presented above for the claim 7 and based on the references’ disclosure of the necessary supporting hardware and software.
Claims 8, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over BEVERLY (US20060173564A1) in view of HADDADI et al. (EP4321230B1) and further view of MEYER et al. (US4089598A) and further view of MAYER et al. (US20130086831A1) and further view of RAJARAM et al. (US20070078709A1) and further view of BORN et al. (US20240406654A1).
As to claim 8, BEVERLY, HADDADI, MEYER and RAJARAM teach the limitations of claim 7. BEVERLY, HADDADI, MEYER and RAJARAM do not teach wherein said microprocessor controlling an audio compression, an audio filtering, and an audio optimization of said audio recording.
In similar field of endeavor, BORN teaches wherein said microprocessor controlling an audio compression, an audio filtering, and an audio optimization of said audio recording (see fig. 10, item 1002c (DSP); see also par. 0184, wherein a DSP may perform various operations such as compression, decompression, filtering, equalization, modulation, demodulation, denoising, echo cancelation, reverberation reduction, signal to noise ratio optimization, audio mixing, and the like. DSP may be optimized for rapid or low latency processing of audio signals; as taught by BORN).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the BEVERLY, HADDADI, MEYER and RAJARAM device to include the teachings of BORN wherein said microprocessor controlling an audio compression, an audio filtering, and an audio optimization of said audio recording. Such a person would have been motivated to make this combination as it is beneficial for the user to be able to improve the quality of audio that is recorded and played back.
Claims 14 and 20 amount to the personalized audio recording and playing device, and the method that is performed by the combination of devices of claim 8. Accordingly, claims 14 and 20 are rejected for substantially the same reasons as presented above for the claim 8 and based on the references’ disclosure of the necessary supporting hardware and software.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Publication Number
Filing Date
Title
US10714123B2
2018-09-07
Record player
US7239800B2
2001-05-02
Portable player for personal video recorders
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KOOROSH NEHCHIRI/Examiner, Art Unit 2174
/WILLIAM L BASHORE/ Supervisory Patent Examiner, Art Unit 2174