DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Request for Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/13/2025 has been entered.
Response to Arguments
Applicant's arguments regarding claims 1-20 filed 06/13/2025 have been fully considered but they are not persuasive.
Regarding the applicant’s argument that the Office Action fails to establish that the combination of references suggests the limitations of “ configuring at least a user control element to enable a user input that comprises a selection for the one or more audio settings” particularly where “the configuring comprises adjusting operation of the at least one user control element, and the adjusting comprises enabling for selection or setting, via the at least one user control element”, the examiner argues that the button in Fig 3 is interpreted as the user control element because is used by the user to configure the settings selection. Moreover, the user will use the button to select a bass or treble configuration for the selected audio mode. Therefore, Therkelsen read on the limitation “the configuring comprises adjusting operation of the at least one user control element, and the adjusting comprises enabling for selection or setting, via the at least one user control element”.
Regarding applicant’s argument that Therkelsen does not teach valid values, the examiner argues that reference Therkelsen is not relied on for limitation “valid values for at least one audio setting are fewer than all possible values for the at least one audio setting”. The examiner relied on reference TurtleBeach for reading on the limitation “valid values for at least one audio setting are fewer than all possible values for the at least one audio setting”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-8, 10-15, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Therkelsen et al (EP 2675187 A1) in view of TurtleBeach (NPL, Advanced Sound editor User Guide).
Regarding claim 1, Therkelsen et al disclose a method comprising: in an audio system that comprises at least one audio output element: determining, based on a selected audio mode supported in the audio system (Therkelsen et al; Fig 2; selected audio mode) one or more audio settings from a plurality of audio settings supported in the audio system (Therkelsen et al; Para [0032] parameters PP are stored together with audio mode; different equalizing options for the selected audio mode), wherein the mapping data defines, for at least the selected audio mode, valid values for at least one audio setting form the determined one or more audio settings (Therkelsen et al; Para [0037]; Fig 3; valid values for bass treble and equalizer audio settings); and configuring at least one user control element to enable a user input that comprises a selection for the one or more audio settings (Therkelsen et al; Para [0037]; Fig 3 user selection button for bass treble audio settings), wherein: the configuring comprises adjusting operation of the at least one user control element (Therkelsen et al; Para [0037]; [0016]; Fig 3 user interface arranged selection through change of button position for bass treble audio settings selection; select between different equalizing options for the selected audio mode), and the adjusting comprises enabling for selection or setting, via the at least one user control element, values for the user input that match or correspond to only the valid values for the at least one audio setting (Therkelsen et al; Para [0018][0037][0023]; bass valid value of +3dB selected for bass as audio setting; Fig 3); but do not expressly disclose determining, based on a selected audio mode supported in the audio system and mapping data, one or more audio settings; wherein the valid values for the at least one audio setting are fewer than possible values for the at least one audio setting. However, TurtleBeach disclose a method comprising determining, based on a selected audio mode supported in the audio system and mapping data, one or more audio settings (TurtleBeach; Page 3; determining audio setting based on selected and mapping data to selected preset1 to preset8) wherein the valid values for the at least one audio setting are fewer than possible values for the at least one audio setting (TurtleBeach; Page 3; preset1 to preset8 setting for each audio mode is a valid values of audio setting and the selected preset value is fewer than the eight possible audio setting values). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio settings determination of TurtleBeach as audio setting determination in the method taught by Therkelsen. The motivation to do so would have been to improve the user experience.
Regarding claim 3, Therkelsen et al in view of TurtleBeach disclose the method of claim 1, but do not expressly disclose comprising setting and/or adjusting the mapping data based on one or more of: data, real-time data, and/or user input. However, TurtleBeach disclose a method comprising setting and/or adjusting the mapping data based on one or more of: data, real-time data, and/or user input (TurrtleBeach; Page 5; preset button to select preset to preset8). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio settings determination of TurtleBeach as audio setting determination in the method taught by Therkelsen. The motivation to do so would have been to improve the user experience.
Regarding claim 4, Therkelsen et al in view of TurtleBeach disclose the method of claim 1, wherein the one or more audio settings comprise equalization (EQ) settings (Therkelsen et al; Fig 3; Para [0007]).
Regarding claim 5, Therkelsen et al in view of TurtleBeach disclose the method of claim 1, wherein the selected audio mode comprises one of a plurality of supported audio modes in the audio system (Therkelsen et al; Fig 2; Para [0015]).
Regarding claim 6, Therkelsen et al in view of TurtleBeach disclose the method of claim 5, wherein the plurality of supported audio modes comprise stereo mode, surround movie mode, surround gaming mode, and surround music mode (Therkelsen et al; Fig 2; Para [0015][0018]).
Regarding claim 7, Therkelsen et al in view of TurtleBeach disclose the method of claim 1, wherein the audio output element is a headset (Therkelsen et al; Fig 2; Para [0015]).
Regarding claim 8, Therkelsen et al disclose a system comprising: one or more circuits that are used in controlling handling of audio signals in the system, the one or more circuits being configured to: determine, based on a selected audio mode supported in the system (Therkelsen et al; Fig 2; selected audio mode) one or more audio settings from a plurality of audio settings supported in the system (Therkelsen et al; Para [0032] parameters PP are stored together with audio mode; different equalizing options for the selected audio mode), wherein the mapping data defines, for at least the selected audio mode, valid values for at least one audio setting form the determined one or more audio settings (Therkelsen et al; Para [0037]; Fig 3; valid values for bass treble and equalizer audio settings); and configure at least one user control element to enable a user input that comprises a selection for the one or more audio settings (Therkelsen et al; Para [0037]; Fig 3 user selection button for bass treble audio settings), wherein: the configuring comprises adjusting operation of the at least one user control element, and the adjusting comprises enabling for selection or setting, via the at least one user control element (Therkelsen et al; Para [0037]; [0016]; Fig 3 user interface arranged selection through change of button position for bass treble audio settings selection; select between different equalizing options for the selected audio mode), values for the user input that match or correspond to only the valid values for the at least one audio setting (Therkelsen et al; Para [0018][0037][0023]; bass valid value of +3dB selected for bass as audio setting; Fig 3); but do not expressly disclose determine, based on a selected audio mode supported in the system and mapping data, one or more audio settings; wherein the valid values for the at least one audio setting are fewer than possible values for the at least one audio setting. However, TurtleBeach disclose a method comprising determining, based on a selected audio mode supported in the audio system and mapping data, one or more audio settings (TurtleBeach; Page 3; determining audio setting based on selected and mapping data to selected preset1 to preset8) wherein the valid values for the at least one audio setting are fewer than possible values for the at least one audio setting (TurtleBeach; Page 3; preset1 to preset8 setting for each audio mode is a valid values of audio setting and the selected preset value is fewer than the eight possible audio setting values). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio settings determination of TurtleBeach as audio setting determination in the method taught by Therkelsen. The motivation to do so would have been to improve the user experience.
Regarding claim 10, Therkelsen et al in view of TurtleBeach disclose the system of claim 8, but do not expressly disclose wherein the one or more circuits are configured to set and/or adjust the mapping data based on one or more of: data, real-time data, and/or user input. However, TurtleBeach disclose a system comprising setting and/or adjusting the mapping data based on one or more of: data, real-time data, and/or user input (TurtleBeach; Page 5; preset button to select preset! to preset). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio settings determination of TurtleBeach as audio setting determination in the method taught by Therkelsen. The motivation to do so would have been to improve the user experience.
Regarding claim 11, Therkelsen et al in view of TurtleBeach disclose the system of claim 8, wherein the one or more audio settings comprise equalization (EQ) settings (Therkelsen et al; Fig 3; Para [0007]).
Regarding claim 12, Therkelsen et al in view of TurtleBeach disclose the system of claim 8, wherein the selected audio mode comprises one of a plurality of supported audio modes in the system (Therkelsen et al; Fig 2; Para [0015]).
Regarding claim 13, Therkelsen et al in view of TurtleBeach disclose the system of claim 12, wherein the plurality of supported audio modes comprise stereo mode, surround movie mode, surround gaming mode, and surround music mode (Therkelsen et al; Fig 2; Para [0015][0018]).
Regarding claim 14, Therkelsen et al in view of TurtleBeach disclose the system of claim 12, wherein the system comprises or is component of a headset (Therkelsen et al; Fig 2; Para [0015]).
Regarding claim 15, Therkelsen et al disclose a system comprising: a headset that comprises one or more user control elements (Therkelsen et al; Para [0036]); and one or more circuits for controlling operation of the headset (Therkelsen et al; Para [0024][0026]), wherein the one or more circuits are configured to: determine, based on a selected audio mode supported in the system (Therkelsen et al; Fig 2; selected audio mode) one or more audio settings from a plurality of audio settings supported in the system (Therkelsen et al; Para [0032] parameters PP are stored together with audio mode; different equalizing options for the selected audio mode), wherein the mapping data defines, for at least the selected audio mode, valid values for at least one audio setting form the determined one or more audio settings (Therkelsen et al; Para [0037]; Fig 3; valid values for bass treble and equalizer audio settings); and configure at least one user control element of one or more user control elements of the headset to enable a user input that comprises a selection for the one or more audio settings (Therkelsen et al; Para [0037]; Fig 3 user selection button for bass treble audio settings), wherein: the configuring comprises adjusting operation of the at least one user control element (Therkelsen et al; Para [0037]; [0016]; Fig 3 user interface arranged selection through change of button position for bass treble audio settings selection; select between different equalizing options for the selected audio mode), and the adjusting comprises enabling for selection or setting, via the at least one user control element, values for the user input that match or correspond to only the valid values for the at least one audio setting (Therkelsen et al; Para [0018][0037][0023]; bass valid value of +3dB selected for bass as audio setting; Fig 3); but do not expressly disclose determine, based on a selected audio mode supported in the system one or more audio settings; wherein the valid values for the at least one audio setting are fewer than possible values for the at least one audio setting. However, TurtleBeach disclose a method comprising determining, based on a selected audio mode supported in the audio system and mapping data, one or more audio settings (TurrtleBeach; Page 3; determining audio setting based on selected and mapping data to selected preseti to preset8) wherein the valid values for the at least one audio setting are fewer than possible values for the at least one audio setting (TurtleBeach; Page 3; preset1 to preset8 setting for each audio mode is a valid values of audio setting and the selected preset value is fewer than the eight possible audio setting values). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio settings determination of TurtleBeach as audio setting determination in the method taught by Therkelsen. The motivation to do so would have been to improve the user experience.
Regarding claim 17, Therkelsen et al in view of TurtleBeach disclose the system of claim 15, but do not expressly disclose wherein the mapping data is set and/or adjusted based on one or more of: data, real-time data, and/or user input. However, TurtleBeach disclose a system wherein the mapping data is set and/or adjusted based on one or more of: data, real-time data, and/or user input (TurrtleBeach; Page 5; preset button to select preset! to preset8). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio settings determination of TurtleBeach as audio setting determination in the method taught by Therkelsen. The motivation to do so would have been to improve the user experience.
Regarding claim 18, Therkelsen et al in view of TurtleBeach disclose the system of claim 15, wherein the one or more audio settings comprise equalization (EQ) settings (Therkelsen et al; Fig 3; Para [0007]).
Regarding claim 19, Therkelsen et al in view of TurtleBeach disclose the system of claim 15, wherein the selected audio mode comprises one of a plurality of supported audio modes in the system (Therkelsen et al; Fig 2; Para [0015]).
Regarding claim 20, Therkelsen et al in view of TurtleBeach disclose the system of claim 19, wherein the plurality of supported audio modes comprise stereo mode, surround movie mode, surround gaming mode, and surround music mode (Therkelsen et al; Fig 2; Para [0015][0018]).
Claim(s) 2, 9, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Therkelsen et al (EP 2675187 A1) in view of TurtleBeach (NPL, Advanced Sound editor User Guide) and further in view of Kitamura (US 2003/0189881 A1).
Regarding claim 2, Therkelsen et al in view of TurtleBeach disclose the method of claim 1, but do not expressly disclose comprising pre-programming the mapping data. However, Kitamura discloses a method comprising pre-programming the mapping data (Kitamura; col 3; lines 10-30). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the programing of audio settings determination of Kitamura as audio setting determination in the method taught by Therkelsen. The motivation to do so would have been to better facilitate user control (Kitamura; col 2; lines 7-12).
Regarding claim 9, Therkelsen et al in view of TurtleBeach disclose the system of claim 8, but do not expressly disclose wherein the one or more circuits are configured to enable pre-programming the mapping data. However, Kitamura discloses a system comprising pre-programming the mapping data (Kitamura; col 3; lines 10-30). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the programing of audio settings determination of Kitamura as audio setting determination in the method taught by Therkelsen. The motivation to do so would have been to better facilitate user control (Kitamura; col 2; lines 7-12).
Regarding claim 16, Therkelsen et al in view of TurtleBeach disclose the system of claim 15, but do not expressly disclose wherein the mapping data is pre- programmed. However, Kitamura discloses a system wherein the mapping data is pre- programmed (Kitamura; col 3; lines 10-30). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the programing of audio settings determination of Kitamura as audio setting determination in the method taught by Therkelsen. The motivation to do so would have been to better facilitate user control (Kitamura; col 2; lines 7-12).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUASSI A GANMAVO whose telephone number is (571)270-5761. The examiner can normally be reached M-F 9 AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached at 5712707136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KUASSI A GANMAVO/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692