DETAILED ACTION
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 13-18 rejected under 35 U.S.C. 101 because they are directed to non-statutory subject matter “a computer-readable medium”. The broadest reasonable interpretation of a claim drawn to a computer-readable medium covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of memory medium storing program. Transitory signal does not fall within a statutory category since it is clearly not a series of steps or acts to constitute a process, not a mechanical device or combination of mechanical devices to constitute a machine, not a tangible physical article or object which is some form of matter to be a product and constitute a manufacture, and not a composition of two or more substances to constitute a composition of matter.
Note that a claim drawn to such a computer readable media that covers both transitory and non-transitory embodiments may be amended to narrow the claim to cover only statutory embodiments to avoid a rejection under 35 U.S.C. § 101 by adding the limitation "non-transitory" to the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-25 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by U.S Pub. No. 2017/0310293 A1 to YANG et al. (hereinafter “YANG”).
Regarding claim 1, YANG teaches an audio recording method for use in an audio recording device, the method comprising:
receiving user input indicating that a user desires to make an audio recording using the device (Abstract, paragraphs [0038 and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data);
prompting the user to input audio data via visual and audible prompting (Fig.6 and paragraphs [0027]- [0028]; providing a user interface on the display);
receiving a first portion of the audio data input by the user and performing a routine that automatically determines a record level suitable for the received audio (paragraphs [0043], [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data) ;
setting a record level for the device automatically in accordance with the determined record level resulting from the routine that automatically determines a record level (paragraphs [0043], [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data);
subsequently, automatically recording a second portion of the audio data input by the user; and playing the recorded second portion back to the user (Abstract, paragraphs [0044]-[0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 2, YANG teaches the audio recording method in accordance with claim 1, wherein the step of receiving user input indicating that a user desires to make an audio recording using the device further comprises detecting that the audio recording device has been powered on (paragraphs [0034]-[0036]; when the mode start option 97 is turned “ON” and the mode start option 98 is turned “OFF”, the processor 40 activates only the built-in mode of the equalizer E).
Regarding claim 3, YANG teaches the audio recording method in accordance with claim 1, wherein the step of receiving user input indicating that a user desires to make an audio recording using the device further comprises detecting that a mic or line source has been plugged into the audio recording device (paragraphs [0043], [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 4, YANG teaches the audio recording method in accordance with claim 1, wherein the step of receiving user input indicating that a user desires to make an audio recording using the device further comprises detecting that recording on the audio recording device has been enabled (paragraphs [0031] and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 5, YANG teaches the audio recording method in accordance with claim 1, wherein the step of prompting the user to input audio data further comprises using a display of the audio recording device (Fig.6 and paragraphs [0027]- [0028]; providing a user interface on the display).
Regarding claim 6, YANG teaches the audio recording method in accordance with claim 1, wherein the step of prompting the user to input audio data further comprises using a speaker of the audio recording device (Abstract, paragraphs [0038] and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 7, YANG teaches an audio recording device for automatically setting a record level for a user, the audio recording device comprising:
a display for receiving input from the user and conveying visual information to the user (Fig.6 and paragraphs [0027]- [0028]; providing a user interface on the display);
an audio input to receive audio information for recording; an audio speaker (Abstract, paragraphs [0038 and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data); and
a processor configured to receive user input indicating that a user desires to make an audio recording using the device, prompt the user audibly and visually to input audio data, receive a first portion of the audio data input by the user and perform a routine to determine a record level suitable for the received audio, set a record level for the device in accordance with the determined record level resulting from the routine, subsequently, automatically record a second portion of the audio data input by the user, and play the recorded second portion back to the user via the speaker (Abstract, paragraphs [0044]-[0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 8, YANG teaches the audio recording device in accordance with claim 7, wherein the processor is configured to receive user input indicating that a user desires to make an audio recording using the device by detecting that the audio recording device has been powered on (paragraphs [0034]-[0036]; when the mode start option 97 is turned “ON” and the mode start option 98 is turned “OFF”, the processor 40 activates only the built-in mode of the equalizer E).
Regarding claim 9, YANG teaches the audio recording device in accordance with claim 7, further comprising a mic or line source input, and wherein the processor is configured to receive user input indicating that a user desires to make an audio recording using the device by detecting that a mic or line source has been plugged into the mic or line source input (Abstract, paragraphs [0043] and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 10, YANG teaches the audio recording device in accordance with claim 7, wherein the audio recording device includes a record mode and wherein the processor is configured to receive user input indicating that a user desires to make an audio recording using the device by detecting that the record mode has been activated enabled (Abstract, paragraphs [0031] and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 11, YANG teaches the audio recording device in accordance with claim 7, wherein the processor is configured to prompt the user to input audio data via the display (Fig.6 and paragraphs [0027]- [0028]; providing a user interface on the display).
Regarding claim 12, YANG teaches the audio recording device in accordance with claim 7, wherein the processor is configured to prompt the user to input audio data via the speaker (Abstract, paragraphs [0038] and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 13, YANG teaches a computer-readable medium having thereon computer-executable instructions for automatically setting a record level for a user of an audio recording device, the instructions comprising instructions for:
receiving user input indicating that the user desires to make an audio recording using the device (Abstract, paragraphs [0038] and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data);
prompting the user audibly and visually to input audio data (Fig.6 and paragraphs [0027]- [0028]; providing a user interface on the display);
receiving a first portion of the audio data input by the user; determining a record level suitable for the first portion of received audio (paragraphs [0043], [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data);
set a record level for the device in accordance with the determined record level; and automatically recording a second portion of the audio data input by the user, and playing the recorded second portion back to the user (Abstract, paragraphs [0044]-[0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 14, YANG teaches the computer-readable medium in accordance with claim 13, wherein the instructions for receiving user input indicating that a user desires to make an audio recording using the device further comprise instructions for detecting that the audio recording device has been powered on (paragraphs [0034]-[0036]; when the mode start option 97 is turned “ON” and the mode start option 98 is turned “OFF”, the processor 40 activates only the built-in mode of the equalizer E).
Regarding claim 15, YANG teaches the computer-readable medium in accordance with claim 13, wherein the instructions further comprise instructions for detecting that a mic or line source has been plugged into the mic or line source input (paragraphs [0043], [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 16, YANG teaches the computer-readable medium in accordance with claim 13, wherein the instructions for receiving user input indicating that a user desires to make an audio recording using the device further comprise instructions for detecting that the record mode has been activated (paragraphs [0031] and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 17, YANG teaches the computer-readable medium in accordance with claim 13, wherein the instructions further comprise instructions for prompting the user to input audio data by providing a visual prompt to the user via the display (Fig.6 and paragraphs [0027]- [0028]; providing a user interface on the display).
Regarding claim 18, YANG teaches the computer-readable medium in accordance with claim 13, wherein the processor is configured to prompt the user to input audio data by providing an audible prompt to the user via the speaker (Abstract, paragraphs [0038] and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data);
Regarding claim 19, YANG teaches an audio recording method on a recording device, the method comprising:
prompting a user to provide audio data having a time duration via visual and audible prompting (Fig.6 and paragraphs [0027]- [0028]; providing a user interface on the display);
automatically determining a record level suitable for the provided audio data based on audio received during only a portion of the time duration, leaving a remainder of the duration (Abstract, paragraphs [0038 and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data);
setting a record level for subsequent recording in accordance with the determined record level (Abstract, paragraphs [0038 and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data); and
recording during the remainder of the duration using the set record level (Abstract, paragraphs [0044]- [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 20, YANG teaches the audio recording method in accordance with claim 19, further comprising audibly playing the audio recorded during the remainder of the duration back to the user (Abstract, paragraphs [0044]-[0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 21, YANG teaches the audio recording method in accordance with claim 19, wherein the step of prompting a user to provide audio data is initiated upon detecting that the audio recording device has been powered on (paragraphs [0034]- [0036]; when the mode start option 97 is turned “ON” and the mode start option 98 is turned “OFF”, the processor 40 activates only the built-in mode of the equalizer E).
Regarding claim 22, YANG teaches the audio recording method in accordance with claim 19, wherein the step of prompting a user to provide audio data is initiated upon detecting that a mic or line source has been plugged into the audio recording device (Abstract, paragraphs [0043] and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 23, YANG teaches the audio recording method in accordance with claim 19, wherein the step of prompting a user to provide audio data is initiated upon detecting that recording on the audio recording device has been enabled (paragraphs [0043], [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Regarding claim 24, YANG teaches the audio recording method in accordance with claim 19, wherein visual prompting of the user to input audio data comprises using a display of the audio recording device (Fig.6 and paragraphs [0027]- [0028]; providing a user interface on the display).
Regarding claim 25, YANG teaches the audio recording method in accordance with claim 19, wherein audible prompting of the user to input audio data comprises using a speaker of the audio recording device (Abstract, paragraphs [0038 and [0045]; a user to record a sound file and a gain setting data, which enables the electronic device 1 to play the same sound file next time; the electronic device 1 can automatically set the gain adjustment value of the equalizer E to be the values provided by the gain setting data).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
KR20050113983A to KEUN discloses A method for generating an audio recording file is provided to allow a user who does not have hardware knowledge to record reproduced various sound data and conveniently generate a desired audio record file by analyzing a computer system of the user and automatically setting an audio device necessary for performing recording (Abstract and page 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKELAW A TESHALE whose telephone number is (571)270-5302. The examiner can normally be reached 9 am -6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FAN TSANG can be reached at (571) 272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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AKELAW TESHALE
Primary Examiner
Art Unit 2694
/AKELAW TESHALE/Primary Examiner, Art Unit 2694