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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. JP2022-165562, filed on 10/14/2022.
Response to Amendment
This action is in response to amendments and remarks filed on 09/02/2025. The examiner notes the following adjustments to the claims by the applicant: (i) Claims 1, 3, 13 and 15-20 are amended; (ii) Claims 2, 4-12 and 14 are cancelled; and (iii) Claims 21-31 are new. Therefore, Claims 1, 3, 13 and 15-31 are pending examination, in which Claims 1, 19 and 20 are independent claims.
In light of the instant amendments and arguments:
The objection to Claims 3-15, in accordance with MPEP § 608.01(n) - subsection IV, is withdrawn.
Regarding the objection to Claims 1, 15, 19 and 20 in accordance with 35 U.S.C. § 112(f), the applicant’s arguments have been considered and found persuasive. The rejection is withdrawn.
Further examination resulted in a new rejection of Claims 1, 3, 13 and 15-31 under 35 U.S.C. § 103, as detailed below.
THIS ACTION IS MADE FINAL. Necessitated by amendment.
Response to Arguments
Applicant presents the following arguments regarding the previous office action:
To overcome the 35 U.S.C. § 103 rejection, the applicant has amended each independent claim to include the additional underlined limitations: "wherein the searching flight comprises a volume searching flight, the processor performs the volume searching flight in which the inspection sound is output from the speaker while performing a flight of a first route to identify an optimal volume position ";
“Based on the above, Fujitah at least fails to disclose or teach the technical features of "perform a searching flight in which an inspection sound is output from the speaker while performing a flight of a predetermined flight route using the flight part" and "the processor performs the volume searching flight in which the inspection sound is output from the speaker while performing a flight of a first route" recited in the amended claim 1.”;
“Moreover, referring to Col. 33, Lns. 17-20 and Col. 9, Lns. 55-56 of Xu, Xu only generally states that the movement of a movable object can be restricted to a predetermined route, trajectory, or direction, and does not provide any teaching that would enable improvement of Fujita to "output the inspection sound from the speaker while performing a flight". The applicant respectfully submits that none of the references Xu, Kratz and Arksey can cure the deficiency of Fujita to disclose or teach each and every feature of the amend claim 1. For at least the above rationales, the amended claim 1 is non-obvious and patentable over the arts of record. Withdrawal of the anticipation rejection to claim 1 is respectfully requested.”.
Applicant's arguments A., B. and C. appear to be directed to the instantly amended subject matter. Accordingly, they have been addressed in the rejections below.
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.
Claims 1, 3, 13, 15-17 and 19-31 are rejected under 35 U.S.C. §103 as being unpatentable over the combination of Fujitah et al. (JP 2017069804 A), henceforth Fujitah, and Kunkel et al. (US 10,979,613 B2), henceforth Kunkel.
Regarding Claim 1, Fujitah discloses the limitations: a flight speaker {“The acoustic system 1 includes a content reproduction device 10, five traveling speaker devices 20 (20C, 20FR, 20FL, 20SR, 20SL), and two flying speaker devices 30 (30R, 30L).”, ¶[0009]}, comprising: a flight part, comprising a drone for flying {“205 drive control unit 206 A, 206 B, 206 C, 206 D drive source” of traveling speakers, ¶[0025], and rotating blades 33A-33D for flying speakers, Fig. 5}; a speaker, outputting a sound {speaker 36, Fig. 5}; and a processor {¶[0014]}, configured to: perform a searching flight in which an inspection sound is output from the speaker while performing a flight {“measurement sound signal generation unit 304 generates a measurement sound signal again. Then, the reproducing unit 302 reproduces the measurement sound signal, thereby causing the speaker 36 to output the measurement sound (step S31)”, ¶[0050]}; and in a case where a determination is made that sound information at a time of observing {the Abstract solution-section describes how a test signal is used to move the traveling speakers into a preferred position, whereas the similar approach is described for the flying speakers in ¶[0047-0049]}, by using a microphone disposed at a predetermined position {microphone is placed at position P in Fig. 1: “The microphone MIC is, for example, an omnidirectional microphone, and is a sound collecting means that is installed at the listening position P when measuring the acoustic characteristics of the acoustic space 100”, ¶[0022]}, the inspection sound output in the searching flight satisfies a predetermined condition {“The measurement unit 111 determines whether each of the speaker distance, the frequency characteristic, the sound pressure level, and the phase, for example, falls within a predetermined numerical range.”, ¶[0036]}, identifying an output position that is a position where the sound is output from the speaker based on a position where the inspection sound corresponding to the determination is output {“For example, when the speaker distance is larger than the target value, the drive control unit 305 moves the flying speaker device 30 so as to reduce the speaker distance so as to approach the target distance, and when the speaker distance is smaller than the target value, the speaker The flying speaker device 30 is moved so as to increase the distance to approach the target distance. Furthermore, the drive control unit 305 desirably changes the direction of the flying speaker device 30 so that the speaker 36 faces the listening position.”, ¶[0039]}
Fujitah does not appear to explicitly recite the limitations: performing a flight of a predetermined flight route using the flight part; and wherein the searching flight comprises a volume searching flight, the processor performs the volume searching flight in which the inspection sound is output from the speaker while performing a flight of a first route to identify an optimal volume position.
However, Kunkel explicitly recites the limitation: performing a flight of a predetermined flight route using the flight part {path taken by 306B in Fig. 3B; “The controller 102 can determine a flight path for the recording device 206 based on the locations calculated by the content analyzer 107, and submit the flight path and commands to follow the flight path to the recording device 206.”, Col. 7, Lns. 55-59}; and wherein the searching flight comprises a volume searching flight, the processor performs the volume searching flight in which the inspection sound is output from the speaker while performing a flight of a first route to identify an optimal volume position {positioning audio/visual-drone for optimal sound is described in Col. 2, Lns. 41-58}.
Fujitah and Kunkel are analogous art because they both deal with audio-drone movements.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Fujitah and Kunkel before them, to modify the teachings of Fujitah to include the teachings of Kunkel to optimize sound quality gathered or emitted by a drone {Col. 10, Lns. 23-26}.
Regarding Claim 3, the combination of Fujitah and Kunkel discloses all the limitations of Claim 1, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein the sound information comprises a sound quality {“the distance from the listening position to the traveling loudspeaker device 20 (hereinafter referred to as "speaker distance"), the frequency characteristic, the sound pressure level and the phase are measured.”, ¶[0036]}, the searching flight comprises a sound quality searching flight performing a sound quality searching flight, which is the searching flight in which the inspection sound is output from the speaker, while performing a flight of a second route as the flight route {“The control command includes, for example, drive data calculated from the measurement result of the acoustic characteristics. The control command may include data indicating the acoustic characteristic measurement result. In the flying speaker device 30, when the command receiving unit 303 receives the control command, the drive control unit 305 adjusts the position or orientation of the flying speaker device 30 based on the control command (step S30).”, ¶[0049]}, and in a case where a determination is made that a sound quality at a time of making observation by using the microphone during the sound quality searching flight satisfies a predetermined condition {“The measurement unit 111 determines whether each of the speaker distance, the frequency characteristic, the sound pressure level, and the phase, for example, falls within a predetermined numerical range.”, ¶[0036]}, identifies an optimal sound quality position that is the position where the inspection sound corresponding to the determination is output, and identifies the output position based on the optimal sound quality position identified by the processor {positional adjustments made to account for frequency characteristics and phase: “For example, when the speaker distance is larger than the target value, the drive control unit 305 moves the flying speaker device 30 so as to reduce the speaker distance so as to approach the target distance, and when the speaker distance is smaller than the target value, the speaker The flying speaker device 30 is moved so as to increase the distance to approach the target distance. Furthermore, the drive control unit 305 desirably changes the direction of the flying speaker device 30 so that the speaker 36 faces the listening position. Note that when the frequency characteristic, the sound pressure level, or the phase needs to be corrected, the reproducing unit 202 may perform these corrections. When the adjustment of the position in step S30 is completed, the measurement sound signal generation unit 304 generates a measurement sound signal again”, ¶[0049-0050]}.
Regarding Claim 13, the combination of Fujitah and Kunkel discloses all the limitations of Claim 1, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein in a case where the sound information observed by using the microphone does not satisfy the predetermined condition for a predetermined period since the searching flight using the processor starts {“The start command indicates an instruction to start control for bringing the flying speaker device 30 into an appropriate position or orientation by the flight operation of the flying speaker device 30.”, ¶[0045]}, the processor identifies the output position {“In the flying speaker device 30, when the command receiving unit 303 receives the control command, the drive control unit 305 adjusts the position or orientation of the flying speaker device 30 based on the control command (step S30)”, ¶[0049]} based on a position most approximate to the predetermined condition in the searching flight so far {a range of acceptable values is provided: “The measurement unit 111 determines whether each of the speaker distance…falls within a predetermined numerical range.”, ¶[0036]}.
Regarding Claim 15, the combination of Fujitah and Kunkel discloses all the limitations of Claim 13, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein the processor adjusts a setting value for outputting a sound in the speaker , so that the sound information at the time of observing, by using the microphone {“As functions of the control unit 11, there are a measurement unit 111 and an analysis unit 112. The measurement unit 111 functions as a measurement unit that measures the acoustic characteristics of the acoustic space 100. The analysis unit 112 functions as analysis means for analyzing the content to be reproduced.”, ¶[0014], and “The signal processing unit 15 processes the audio signal output by the content reproduction unit 13.”, ¶[0016]}, the inspection sound output by the speaker satisfies the predetermined condition at the output position identified by the processor {a range of acceptable values is provided: “The measurement unit 111 determines whether each of the speaker distance…falls within a predetermined numerical range.”, ¶[0036]}.
Regarding Claim 16, the combination of Fujitah and Kunkel discloses all the limitations of Claim 1, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein the processor detects an obstacles and reverses a flight direction in a case where the obstacle is detected in the flight direction in the searching flight {“The traveling type loudspeaker apparatus 20 and the flying type speaker apparatus 30 are provided with detecting means for detecting obstacles in the surroundings such as a camera, a stereo camera, various sensors or the like, and based on the detection result by this detecting means, an obstacle such as furniture may be avoided while moving.”, ¶[0072]}.
Regarding Claim 17, the combination of Fujitah and Kunkel discloses all the limitations of Claim 1, as discussed supra. In addition, Fujitah explicitly recite the limitation: wherein the sound output from the speaker {Fig. 1 represents a surround sound system (¶[0004]), that includes drone speakers 30L and 30R, fed voice and music content wirelessly from content reproduction apparatus 10 (¶[0014])} is an ambience sound comprising a reverberation component in a musical sound output from an electronic musical instrument disposed together with the flight speaker and a specific frequency component of the musical sound {one skilled in the art will appreciate that sound output is related to the sound input, here the content reproduction apparatus is a TV or DVD player, but the output of speaker drones 30L and 30R will directly reflect the input whether it is from the acoustic signal from a DVD player or from a microphone at a live performance; “In addition to the acoustic signal received by the channel base signal receiving unit 201, the reproducing unit 202 selects a measurement sound signal representing a measurement sound to be used for measurement of acoustic characteristics of the acoustic space 100 as a target of reproduction. The command receiving unit 203 functions as a command receiving unit that receives the command transmitted by the command transmitting unit 16 of the content reproducing device 10. The measurement sound signal generation unit 204 functions as a measurement sound signal generation unit that generates a measurement sound signal. The measurement sound is, for example, a sound with no periodicity centered on 4 kHz, or a sound with no periodicity like noise.”, ¶[0023-0024]}.
Regarding Claim 19, Fujitah discloses the limitations: an output position identification method {the Abstract solution-section describes how a test signal is used to move the traveling speakers into a preferred position, whereas the similar approach is described for the flying speakers in ¶[0047-0049]}, executed by a flight speaker {“The acoustic system 1 includes a content reproduction device 10, five traveling speaker devices 20 (20C, 20FR, 20FL, 20SR, 20SL), and two flying speaker devices 30 (30R, 30L).”, ¶[0009]} comprising a flight part, wherein the flight part comprises a drone for flying {“205 drive control unit 206 A, 206 B, 206 C, 206 D drive source” of traveling speakers, ¶[0025], and rotating blades 33A-33D for flying speakers, Fig. 5} and a speaker outputting a sound {speaker 36, Fig. 5}, the output position identification method comprising: a searching flight step of performing a searching flight in which an inspection sound is output from the speaker while performing a flight {“measurement sound signal generation unit 304 generates a measurement sound signal again. Then, the reproducing unit 302 reproduces the measurement sound signal, thereby causing the speaker 36 to output the measurement sound (step S31)”, ¶[0050]}; and an identification step, in a case where a determination is made that sound information at a time of observing {the Abstract solution-section describes how a test signal is used to move the traveling speakers into a preferred position, whereas the similar approach is described for the flying speakers in ¶[0047-0049]}, by using an microphone disposed at a predetermined position {microphone is placed at position P in Fig. 1: “The microphone MIC is, for example, an omnidirectional microphone, and is a sound collecting means that is installed at the listening position P when measuring the acoustic characteristics of the acoustic space 100”, ¶[0022]}, the inspection sound output in the searching flight using the searching flight step satisfies a predetermined condition {“The measurement unit 111 determines whether each of the speaker distance, the frequency characteristic, the sound pressure level, and the phase, for example, falls within a predetermined numerical range.”, ¶[0036]}, identifying an output position that is a position where the sound is output from the speaker based on a position where the inspection sound corresponding to the determination is output {“For example, when the speaker distance is larger than the target value, the drive control unit 305 moves the flying speaker device 30 so as to reduce the speaker distance so as to approach the target distance, and when the speaker distance is smaller than the target value, the speaker The flying speaker device 30 is moved so as to increase the distance to approach the target distance. Furthermore, the drive control unit 305 desirably changes the direction of the flying speaker device 30 so that the speaker 36 faces the listening position.”, ¶[0039]}.
Fujitah does not appear to explicitly recite the limitations: performing a flight of a predetermined flight route using the flight part; and wherein the searching flight comprises a volume searching flight, the processor performs the volume searching flight in which the inspection sound is output from the speaker while performing a flight of a first route to identify an optimal volume position.
However, Kunkel explicitly recites the limitation: performing a flight of a predetermined flight route using the flight part {path taken by 306B in Fig. 3B; “The controller 102 can determine a flight path for the recording device 206 based on the locations calculated by the content analyzer 107, and submit the flight path and commands to follow the flight path to the recording device 206.”, Col. 7, Lns. 55-59}; and wherein the searching flight comprises a volume searching flight, the processor performs the volume searching flight in which the inspection sound is output from the speaker while performing a flight of a first route to identify an optimal volume position {positioning audio/visual-drone for optimal sound is described in Col. 2, Lns. 41-58}.
Regarding Claim 20, Fujitah discloses the limitations: a non-transitory computer readable medium, storing an output position identification program causing a computer {¶[0014]} comprising a flight part {“205 drive control unit 206 A, 206 B, 206 C, 206 D drive source” of traveling speakers, ¶[0025], and rotating blades 33A-33D for flying speakers, Fig. 5} and a speaker {“The acoustic system 1 includes a content reproduction device 10, five traveling speaker devices 20 (20C, 20FR, 20FL, 20SR, 20SL), and two flying speaker devices 30 (30R, 30L).”, ¶[0009]} outputting a sound {speaker 36, Fig. 5} to execute a process for identifying an output position that is a position where the sound is output from the speaker {the Abstract solution-section describes how a test signal is used to move the traveling speakers into a preferred position, whereas the similar approach is described for the flying speakers in ¶[0047-0049]}, the computer being caused to execute: a searching flight step of performing a searching flight in which an inspection sound is output from the speaker while performing a flight using the flight part {“measurement sound signal generation unit 304 generates a measurement sound signal again. Then, the reproducing unit 302 reproduces the measurement sound signal, thereby causing the speaker 36 to output the measurement sound (step S31)”, ¶[0050]}; and an identification step, in a case where a determination is made that sound information at a time of observing {the Abstract solution-section describes how a test signal is used to move the traveling speakers into a preferred position, whereas the similar approach is described for the flying speakers in ¶[0047-0049]}, by using an microphone disposed at a predetermined position {microphone is placed at position P in Fig. 1: “The microphone MIC is, for example, an omnidirectional microphone, and is a sound collecting means that is installed at the listening position P when measuring the acoustic characteristics of the acoustic space 100”, ¶[0022]}, the inspection sound output in the searching flight using the searching flight step satisfies a predetermined condition {“The measurement unit 111 determines whether each of the speaker distance, the frequency characteristic, the sound pressure level, and the phase, for example, falls within a predetermined numerical range.”, ¶[0036]}, identifying an output position that is a position where the sound is output from the speaker based on a position where the inspection sound corresponding to the determination is output {“For example, when the speaker distance is larger than the target value, the drive control unit 305 moves the flying speaker device 30 so as to reduce the speaker distance so as to approach the target distance, and when the speaker distance is smaller than the target value, the speaker The flying speaker device 30 is moved so as to increase the distance to approach the target distance. Furthermore, the drive control unit 305 desirably changes the direction of the flying speaker device 30 so that the speaker 36 faces the listening position.”, ¶[0039]}.
Fujitah does not appear to explicitly recite the limitations: performing a flight of a predetermined flight route using the flight part; and wherein the searching flight comprises a volume searching flight, the processor performs the volume searching flight in which the inspection sound is output from the speaker while performing a flight of a first route to identify an optimal volume position.
However, Kunkel explicitly recites the limitation: performing a flight of a predetermined flight route using the flight part {path taken by 306B in Fig. 3B; “The controller 102 can determine a flight path for the recording device 206 based on the locations calculated by the content analyzer 107, and submit the flight path and commands to follow the flight path to the recording device 206.”, Col. 7, Lns. 55-59}; and wherein the searching flight comprises a volume searching flight, the processor performs the volume searching flight in which the inspection sound is output from the speaker while performing a flight of a first route to identify an optimal volume position {positioning audio/visual-drone for optimal sound is described in Col. 2, Lns. 41-58}.
Regarding Claim 21, Fujitah in view of Kunkel discloses all the limitations of Claim 1, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein the sound information comprises a volume {“the distance from the listening position to the traveling loudspeaker device 20 (hereinafter referred to as "speaker distance"), the frequency characteristic, the sound pressure level and the phase are measured.”, ¶[0036]}, in a case where a determination is made that a volume at a time of making observation by using the microphone during the volume searching flight satisfies a predetermined condition {“The measurement unit 111 determines whether each of the speaker distance, the frequency characteristic, the sound pressure level, and the phase, for example, falls within a predetermined numerical range.”, ¶[0036]}, identifies the optimal volume position that is the position where the inspection sound corresponding to the determination is output, and identifies the output position based on the optimal volume position identified by the processor {positional adjustments made to account for frequency characteristics and phase: “For example, when the speaker distance is larger than the target value, the drive control unit 305 moves the flying speaker device 30 so as to reduce the speaker distance so as to approach the target distance, and when the speaker distance is smaller than the target value, the speaker The flying speaker device 30 is moved so as to increase the distance to approach the target distance. Furthermore, the drive control unit 305 desirably changes the direction of the flying speaker device 30 so that the speaker 36 faces the listening position. Note that when the frequency characteristic, the sound pressure level, or the phase needs to be corrected, the reproducing unit 202 may perform these corrections. When the adjustment of the position in step S30 is completed, the measurement sound signal generation unit 304 generates a measurement sound signal again”, ¶[0049]}.
Regarding Claim 22, the combination of Fujitah and Kunkel discloses all the limitations of Claim 21, as discussed supra. In addition, Fujitah explicitly recites the limitations: wherein the sound information comprises the volume and a sound quality {“the distance from the listening position to the traveling loudspeaker device 20 (hereinafter referred to as "speaker distance"), the frequency characteristic, the sound pressure level and the phase are measured.”, ¶[0036]}, the searching flight comprises a sound quality searching flight performing a sound quality searching flight, which is the searching flight in which the inspection sound is output from the speaker, while performing a flight of a second route as the flight route {“The control command includes, for example, drive data calculated from the measurement result of the acoustic characteristics. The control command may include data indicating the acoustic characteristic measurement result. In the flying speaker device 30, when the command receiving unit 303 receives the control command, the drive control unit 305 adjusts the position or orientation of the flying speaker device 30 based on the control command (step S30).”, ¶[0049]} based on the identified optimal volume position, and in a case where a determination is made that a sound quality at a time of making observation by using the microphone during the sound quality searching flight satisfies a predetermined condition {“The measurement unit 111 determines whether each of the speaker distance, the frequency characteristic, the sound pressure level, and the phase, for example, falls within a predetermined numerical range.”, ¶[0036]}, identifies an optimal sound quality position that is the position where the inspection sound corresponding to the determination is output, and identifies the output position based on the optimal sound quality position identified by the processor {positional adjustments made to account for frequency characteristics and phase: “For example, when the speaker distance is larger than the target value, the drive control unit 305 moves the flying speaker device 30 so as to reduce the speaker distance so as to approach the target distance, and when the speaker distance is smaller than the target value, the speaker The flying speaker device 30 is moved so as to increase the distance to approach the target distance. Furthermore, the drive control unit 305 desirably changes the direction of the flying speaker device 30 so that the speaker 36 faces the listening position. Note that when the frequency characteristic, the sound pressure level, or the phase needs to be corrected, the reproducing unit 202 may perform these corrections. When the adjustment of the position in step S30 is completed, the measurement sound signal generation unit 304 generates a measurement sound signal again”, ¶[0049]}.
Regarding Claim 23, the combination of Fujitah and Kunkel discloses all the limitations of Claim 22, as discussed supra. In addition, Fujitah explicitly recites the limitations: wherein the processor performs the searching flight in which the inspection sound is output from the speaker while performing a flight using the flight part {“ The start command indicates an instruction to start control for bringing the flying speaker device 30 into an appropriate position or orientation by the flight operation of the flying speaker device 30.”, ¶[0045]}, and the processor estimates an input position that is a position of the microphone based on a volume at a time of observing, by using the microphone {microphone is placed at position P in Fig. 1: “The microphone MIC is, for example, an omnidirectional microphone, and is a sound collecting means that is installed at the listening position P when measuring the acoustic characteristics of the acoustic space 100”, ¶[0022]}, the inspection sound output in a flight, wherein the first route is a flight route on which a current position of the flight speaker is approaching the input position estimated by the processor or a flight route on which the current position of the flight speaker is leaving the input position {“When the adjustment of the position in step S30 is completed, the measurement sound signal generation unit 304 generates a measurement sound signal again”, ¶[0050], wherein adjustment of flying speaker position is described in detail in ¶[0046-0049]}.
Regarding Claim 24, the combination of Fujitah and Kunkel discloses all the limitations of Claim 23, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein the first route is formed in a linear shape connecting the current position of the flight speaker and the input position estimated by using the processor {as described in ¶[0033], Fig. 8 shows the traveling speakers 20 moved linearly, as part of the speaker placement process; one skilled in the will appreciate that flying speakers 30 in Fig. 8 can be moved similarly}.
Regarding Claim 25, the combination of Fujitah and Kunkel discloses all the limitations of Claim 22, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein the processor performs the searching flight in which the inspection sound is output from the speaker while performing a flight using the flight part {“The start command indicates an instruction to start control for bringing the flying speaker device 30 into an appropriate position or orientation by the flight operation of the flying speaker device 30.”, ¶[0045]}, and the processor estimates an input position that is a position of the microphone based on a volume at a time of observing, by using the microphone {microphone is placed at position P in Fig. 1: “The microphone MIC is, for example, an omnidirectional microphone, and is a sound collecting means that is installed at the listening position P when measuring the acoustic characteristics of the acoustic space 100”, ¶[0022]}, the inspection sound output in a flight, wherein the second route is a flight route based on a distance between the optimal volume position identified by the processor and the input position estimated by the processor {“When the adjustment of the position in step S30 is completed, the measurement sound signal generation unit 304 generates a measurement sound signal again”, ¶[0050], wherein adjustment of flying speaker position is described in detail in ¶[0046-0049]}.
Regarding Claim 26, the combination of Fujitah and Kunkel discloses all the limitations of Claim 25, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein the second route is formed in an arc shape in which the input position estimated by the processor is set as a center {as described in ¶[0033], Fig. 8 shows the traveling speakers 20 moved linearly, as part of the speaker placement process; one skilled in the will appreciate that flying speakers 30 in Fig. 8 can be moved similarly, and that non-linear motion is well known in the art} and the distance between the optimal volume position identified by the processor and the input position estimated by the processor {“When the adjustment of the position in step S30 is completed, the measurement sound signal generation unit 304 generates a measurement sound signal again”, ¶[0050], wherein adjustment of flying speaker position is described in detail in ¶[0046-0049]}.
Regarding Claim 27, the combination of Fujitah and Kunkel discloses all the limitations of Claim 25, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein in the sound quality searching flight by using the processor, in a case where the volume observed by using the microphone does not satisfy the predetermined condition, {“The measurement unit 111 determines whether each of the speaker distance…falls within a predetermined numerical range.”, ¶[0036]}, the volume searching flight is performed again by the processor {it will be appreciated by one skilled in the art that the test signal flying speaker adjustment process described here can be iterative until the desired measurement quantity threshold is satisfied: “In the flying speaker device 30, when the command receiving unit 303 receives the control command, the drive control unit 305 adjusts the position or orientation of the flying speaker device 30 based on the control command (step S30)…When the adjustment of the position in step S30 is completed, the measurement sound signal generation unit 304 generates a measurement sound signal again”, ¶[0046-0049]}.
Regarding Claim 28, the combination of Fujitah and Kunkel discloses all the limitations of Claim 22, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein in the sound quality searching flight by using the processor, in a case where the volume observed by using the microphone does not satisfy the predetermined condition {“The measurement unit 111 determines whether each of the speaker distance…falls within a predetermined numerical range.”, ¶[0036]}, the volume searching flight is performed again by the processor {it will be appreciated by one skilled in the art that the test signal flying speaker adjustment process described here can be iterative until the desired measurement quantity threshold is satisfied: “In the flying speaker device 30, when the command receiving unit 303 receives the control command, the drive control unit 305 adjusts the position or orientation of the flying speaker device 30 based on the control command (step S30)…When the adjustment of the position in step S30 is completed, the measurement sound signal generation unit 304 generates a measurement sound signal again”, ¶[0046-0049]}.
Regarding Claim 29, the combination of Fujitah and Kunkel discloses all the limitations of Claim 21, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein the processor performs the searching flight in which the inspection sound is output from the speaker while performing a flight using the flight part {“ The start command indicates an instruction to start control for bringing the flying speaker device 30 into an appropriate position or orientation by the flight operation of the flying speaker device 30.”, ¶[0045]}, and the processor estimates an input position that is a position of the microphone {microphone is placed at position P in Fig. 1: “The microphone MIC is, for example, an omnidirectional microphone, and is a sound collecting means that is installed at the listening position P when measuring the acoustic characteristics of the acoustic space 100”, ¶[0022]} based on a volume at a time of observing, by using the microphone, the inspection sound output in a flight, wherein the first route is a flight route on which a current position of the flight speaker is approaching the input position estimated by the processor or a flight route on which the current position of the flight speaker is leaving the input position {“When the adjustment of the position in step S30 is completed, the measurement sound signal generation unit 304 generates a measurement sound signal again”, ¶[0050], wherein adjustment of flying speaker position is described in detail in ¶[0046-0049]}.
Regarding Claim 30, the combination of Fujitah and Kunkel discloses all the limitations of Claim 29, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein the first route is formed in a linear shape connecting the current position of the flight speaker and the input position estimated by using the processor {as described in ¶[0033], Fig. 8 shows the traveling speakers 20 moved linearly, as part of the speaker placement process; one skilled in the will appreciate that flying speakers 30 in Fig. 8 can be moved similarly to adapt}.
Regarding Claim 31, the combination of Fujitah and Kunkel discloses all the limitations of Claim 1, as discussed supra. In addition, Fujitah explicitly recites the limitation: wherein in a case where the sound information observed by using the microphone does not satisfy the predetermined condition for a predetermined period since the searching flight using the processor starts {“The start command indicates an instruction to start control for bringing the flying speaker device 30 into an appropriate position or orientation by the flight operation of the flying speaker device 30.”, ¶[0045]}, the processor identifies {“In the flying speaker device 30, when the command receiving unit 303 receives the control command, the drive control unit 305 adjusts the position or orientation of the flying speaker device 30 based on the control command (step S30)”, ¶[0049]} the output position based on a position of the flight speaker at such time point {a range of acceptable values is provided: “The measurement unit 111 determines whether each of the speaker distance…falls within a predetermined numerical range.”, ¶[0036]}.
Claim 18 is rejected under 35 U.S.C. §103 as being unpatentable over the combination of Fujitah, Kunkel and Arksey et al. (US 2022/0399936 A1), henceforth Arksey.
Regarding Claim 18, the combination of Fujitah and Kunkel discloses all the limitations of Claim 1, as discussed supra. The combination of Fujitah and Kunkel does not appear to explicitly recite the limitation: wherein the flight part is formed by a silent drone comprising the drone and a balloon.
However, Arksey explicitly recites the limitation: wherein the flight part is formed by a silent drone comprising the drone and a balloon {“Fixed wing UAVs may also include lighter-than-air crafts that use balloons or blimp structures filled with helium, hydrogen, or other gasses.”, ¶[0012], and “Drone 600 may include a lighting system 6250 for identification and visibility and an audio system 6260, which may include one or more speakers, one or more microphones, or other audio input/output components.”, ¶[0165]}.
The combination of Fujitah and Kunkel along with Arksey are analogous art because they all deal with sound capturing and/or emitting drones.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Fujitah, Kunkel and Arksey before them, to modify the teachings of the combination of Fujitah and Kunkel to include the teachings of Arksey to provide a hybrid drone capable hovering over an area for long periods of time {¶[0165]}.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20230035692 A1 – Controlling movements of a speaker drone {second speaker 3, Figs. 8-9}.
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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/R.E.G./Examiner, Art Unit 3665
/CHRISTIAN CHACE/ Supervisory Patent Examiner, Art Unit 3665