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 . This Office action is based on the communications filed October 24, 2023. Claims 1 – 20 are currently pending and considered below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “detector that: detects,” “a device setting adjustment component that: determines to adjust,” in claims 8 and 15.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5, 6, 15, 16, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Malode (US 2011/0051016 A1), hereinafter Malode.
Claim 1: Malode discloses a method performed by a first computing device associated with a first user, comprising (see at least, “FIG.1 is an isometric view of a remote control 10 in accordance with an exemplary embodiment, and FIG. 2 is a block diagram illustrating a number of components that may be included within exemplary remote control 10. As indicated in FIG. 2 at 12, remote control 10 is configured to send wireless command signals to an audio device 14. Audio device 14 is any electrical device that generates an audio output signal, which may then be applied to one or more loudspeakers to generate sound. As indicated in FIG. 2, audio device 14 preferably assumes the form of a television set. However, audio device 14 may also assume various other forms including, but not limited to, that of a set-top box, a dedicated media playback device (e.g., a digital versatile disc player), a radio receiver, a stereo system, and the like. The loudspeakers to which the audio output signals of audio device 14 are applied may be integrated into audio device 14 or may be independent of audio device 14 and connected thereto utilizing a coaxial cable, speaker wire, or other conventional connector cable,” Malode [0013], “In the exemplary embodiment illustrated in FIGS. 1 and 2, remote control IO includes a housing 15 (FIGS. 1 and 2) containing a controller 16 (FIG. 2), a battery 18 (FIG. 2), a memory 20 (FIG. 2), a user interface 22 (FIGS. 1 and 2), a wireless transmitter 24 (FIGS. 1 and 2), and a single microphone 26 (FIGS. 1 and 2),” Malode [0014]):
detecting an adjustment event based on an analysis of at least one of (see at least, “FIG. 3 is a flowchart illustrating an exemplary process 30 that may be performed by controller 16 (FIG. 2) to maintain the volume of audio device 14 (FIG. 2), as detected by microphone 26 (FIG. 2), within a desired range. Referring collectively to FIGS. 1-3, after initialization of process 30, controller 16 calculates a signal-to-noise ratio utilizing the sound levels detected by microphone 26 over a given time period,” Malode [0018]): an audio data signal received from a listening device (see at least, microphone 26 of remote control 10, Malode FIG. 2), or a command signal received from a second computing device via a network interface, the command signal comprising instructions to adjust a volume setting of a media presentation device, the second computing device associated with a second user and remotely located from the first computing device;
determining to adjust at least one of the volume setting of the media presentation device (see at least, “Utilizing the device silence level as the ambient noise level, controller 16 may then calculate the signal-to-noise ratio ("S/N ratio"), which controller 16 can then utilize to determine whether to generate VOLUME UP or VOLUME DOWN command signals as described more fully Below,” Malode [0019]) or a gain setting of a microphone based at least on the detected adjustment event; and responsive to said determining, transmitting a first command to at least one of the media presentation device or the microphone (see at least, “Continuing with exemplary process 30 illustrated in FIG. 3, controller 16 next determines if the current S/N ratio is greater than an upper moving threshold stored in memory 20 (STEP 36, FIG. 3). If controller 16 determines that the current S/N ratio is greater than the upper moving threshold, controller 16 causes transmitter 24 to transmit a VOLUME DOWN command to decrease the audio output of audio device 14 (STEP 38, FIG. 3). In this manner, controller 16 prevents the volume of level of audio device 14, as detected by microphone 26, from increasing above the upper moving threshold. After transmitting a VOLUME DOWN command (STEP 38, FIG. 3), controller 16 advances to STEP 44 of process 30. However, if during STEP 38 controller 16 instead determines that the current S/N ratio is less than or equal to the upper moving threshold, controller 16 advances to STEP 40 of process 30 (FIG. 3) and determines if the S/N ratio is less than a lower moving threshold stored in memory 20. If, during STEP 40, controller 16 determines that the current S/N ratio is greater than or equal to the lower moving threshold, controller 16 advances directly to STEP 44 as described below. However, if controller 16 instead determines the current S/N ratio is less than the lower moving threshold, controller 16 causes wireless transmitter 24 to emit a VOLUME UP command (STEP 42, FIG. 3) before continuing to STEP 44 of process 30. In so doing, controller 16 effectively prevents the volume level of audio device 14, as detected by microphone 26, from decreasing below the lower moving threshold,” Malode [0020], Malode FIG. 3).
Claim 2: Malode discloses the method of claim 1, wherein said detecting the adjustment event is based on the analysis of the audio data signal (see at least, “Utilizing the device silence level as the ambient noise level, controller 16 may then calculate the signal-to-noise ratio ("S/N ratio"), which controller 16 can then utilize to determine whether to generate VOLUME UP or VOLUME DOWN command signals as described more fully Below,” Malode [0019]); the listening device comprises the microphone (see at least, microphone 26 of remote control 10, Malode FIG. 2); and the audio data signal is representative of audio played back by the media presentation device and captured by the microphone (see at least, “More specifically, above-described exemplary the remote control automatically transmits VOLUME UP and VOLUME DOWN commands to an audio device in relation to variations in the volume output of the audio device and ambient noise levels, as detected by a single microphone included within the remote control. Furthermore, when carried on a user's person, the above-described remote control automatically transmits command signals to the audio device to increase or decrease the volume of the audio device dynamically in relation to the user's movement relative to the audio device,” Malode [0023]).
Claim 5: Malode discloses the method of claim 1, wherein said detecting the adjustment event comprises determining a volume of the audio data signal (see at least, “More specifically, above-described exemplary the remote control automatically transmits VOLUME UP and VOLUME DOWN commands to an audio device in relation to variations in the volume output of the audio device and ambient noise levels, as detected by a single microphone included within the remote control. Furthermore, when carried on a user's person, the above-described remote control automatically transmits command signals to the audio device to increase or decrease the volume of the audio device dynamically in relation to the user's movement relative to the audio device,” Malode [0023]).
Claim 6: Malode discloses the method of claim 5, wherein said determining to adjust at least one of the volume setting or the gain setting comprises: determining to increase the volume setting if the volume of the audio data signal is below a first threshold; and determining to decrease the volume setting if the volume of the audio data signal is above a second threshold greater than the first threshold (see at least, “Continuing with exemplary process 30 illustrated in FIG. 3, controller 16 next determines if the current S/N ratio is greater than an upper moving threshold stored in memory 20 (STEP 36, FIG. 3). If controller 16 determines that the current S/N ratio is greater than the upper moving threshold, controller 16 causes transmitter 24 to transmit a VOLUME DOWN command to decrease the audio output of audio device 14 (STEP 38, FIG. 3). In this manner, controller 16 prevents the volume of level of audio device 14, as detected by microphone 26, from increasing above the upper moving threshold. After transmitting a VOLUME DOWN command (STEP 38, FIG. 3), controller 16 advances to STEP 44 of process 30. However, if during STEP 38 controller 16 instead determines that the current S/N ratio is less than or equal to the upper moving threshold, controller 16 advances to STEP 40 of process 30 (FIG. 3) and determines if the S/N ratio is less than a lower moving threshold stored in memory 20. If, during STEP 40, controller 16 determines that the current S/N ratio is greater than or equal to the lower moving threshold, controller 16 advances directly to STEP 44 as described below. However, if controller 16 instead determines the current S/N ratio is less than the lower moving threshold, controller 16 causes wireless transmitter 24 to emit a VOLUME UP command (STEP 42, FIG. 3) before continuing to STEP 44 of process 30. In so doing, controller 16 effectively prevents the volume level of audio device 14, as detected by microphone 26, from decreasing below the lower moving threshold,” Malode [0020]).
Claim 15: Malode discloses a system associated with a first user, comprising (see at least, “FIG.1 is an isometric view of a remote control 10 in accordance with an exemplary embodiment, and FIG. 2 is a block diagram illustrating a number of components that may be included within exemplary remote control 10. As indicated in FIG. 2 at 12, remote control 10 is configured to send wireless command signals to an audio device 14. Audio device 14 is any electrical device that generates an audio output signal, which may then be applied to one or more loudspeakers to generate sound. As indicated in FIG. 2, audio device 14 preferably assumes the form of a television set. However, audio device 14 may also assume various other forms including, but not limited to, that of a set-top box, a dedicated media playback device ( e.g., a digital versatile disc player), a radio receiver, a stereo system, and the like. The
loudspeakers to which the audio output signals of audio device 14 are applied may be integrated into audio device 14 or may be independent of audio device 14 and connected thereto utilizing a coaxial cable, speaker wire, or other conventional connector cable,” Malode [0013], “In the exemplary embodiment illustrated in FIGS. 1 and 2, remote control IO includes a housing 15 (FIGS. 1 and 2) containing a controller 16 (FIG. 2), a battery 18 (FIG. 2), a memory 20 (FIG. 2), a user interface 22 (FIGS. 1 and 2), a wireless transmitter 24 (FIGS. 1 and 2), and a single microphone 26 (FIGS. 1 and 2),” Malode [0014]): an event detector that: detects a first adjustment event based on an analysis of at least one of: an audio data signal received from a listening device (see at least, “More specifically, above-described exemplary the remote control automatically transmits VOLUME UP and VOLUME DOWN commands to an audio device in relation to variations in the volume output of the audio device and ambient noise levels, as detected by a single microphone included within the remote control. Furthermore, when carried on a user's person, the above-described remote control automatically transmits command signals to the audio device to increase or decrease the volume of the audio device dynamically in relation to the user's movement relative to the audio device,” Malode [0023]), or a command signal received from a computing device via a network interface of the system, the command signal comprising instructions to adjust a volume setting of a media presentation device, the computing device associated with a second user and remotely located from the system; a device setting adjustment component that: determines to adjust a volume setting of the media presentation device based at least on the first adjustment event; and responsive to the determination to adjust the volume setting, transmits a first command to the media presentation device, the first command comprising instructions to adjust the volume setting (see at least, “Continuing with exemplary process 30 illustrated in FIG. 3, controller 16 next determines if the current S/N ratio is greater than an upper moving threshold stored in memory 20 (STEP 36, FIG. 3). If controller 16 determines that the current S/N ratio is greater than the upper moving threshold, controller 16 causes transmitter 24 to transmit a VOLUME DOWN command to decrease the audio output of audio device 14 (STEP 38, FIG. 3). In this manner, controller 16 prevents the volume of level of audio device 14, as detected by microphone 26, from increasing above the upper moving threshold. After transmitting a VOLUME DOWN command (STEP 38, FIG. 3), controller 16 advances to STEP 44 of process 30. However, if during STEP 38 controller 16 instead determines that the current S/N ratio is less than or equal to the upper moving threshold, controller 16 advances to STEP 40 of process 30 (FIG. 3) and determines if the S/N ratio is less than a lower moving threshold stored in memory 20. If, during STEP 40, controller 16 determines that the current S/N ratio is greater than or equal to the lower moving threshold, controller 16 advances directly to STEP 44 as described below. However, if controller 16 instead determines the current S/N ratio is less than the lower moving threshold, controller 16 causes wireless transmitter 24 to emit a VOLUME UP command (STEP 42, FIG. 3) before continuing to STEP 44 of process 30. In so doing, controller 16 effectively prevents the volume level of audio device 14, as detected by microphone 26, from decreasing below the lower moving threshold,” Malode [0020], Malode FIG. 3).
Claim 16: Malode discloses the system of claim 15, wherein the event detector detects the adjustment event based on the analysis of the audio data signal (see at least, “Utilizing the device silence level as the ambient noise level, controller 16 may then calculate the signal-to-noise ratio ("S/N ratio"), which controller 16 can then utilize to determine whether to generate VOLUME UP or VOLUME DOWN command signals as described more fully Below,” Malode [0019]); the listening device comprises the microphone (see at least, microphone 26 of remote control 10, Malode FIG. 2); and the audio data signal is representative of audio played back by the media presentation device and captured by the microphone (see at least, “More specifically, above-described exemplary the remote control automatically transmits VOLUME UP and VOLUME DOWN commands to an audio device in relation to variations in the volume output of the audio device and ambient noise levels, as detected by a single microphone included within the remote control. Furthermore, when carried on a user's person, the above-described remote control automatically transmits command signals to the audio device to increase or decrease the volume of the audio device dynamically in relation to the user's movement relative to the audio device,” Malode [0023]).
Claim 18: Malode discloses the system of claim 15, wherein to detect the adjustment event, the event detector determines a volume of the audio data signal (see at least, “More specifically, above-described exemplary the remote control automatically transmits VOLUME UP and VOLUME DOWN commands to an audio device in relation to variations in the volume output of the audio device and ambient noise levels, as detected by a single microphone included within the remote control. Furthermore, when carried on a user's person, the above-described remote control automatically transmits command signals to the audio device to increase or decrease the volume of the audio device dynamically in relation to the user's movement relative to the audio device,” Malode [0023]).
Claim 19: Malode discloses the system of claim 18, wherein to determine to adjust the volume setting, the device adjustment component further: determines to increase the volume setting if the volume of the received audio signal is below a first threshold; and determines to decrease the volume setting if the volume of the received audio signal is above a second threshold greater than the first threshold (see at least, “Continuing with exemplary process 30 illustrated in FIG. 3, controller 16 next determines if the current S/N ratio is greater than an upper moving threshold stored in memory 20 (STEP 36, FIG. 3). If controller 16 determines that the current S/N ratio is greater than the upper moving threshold, controller 16 causes transmitter 24 to transmit a VOLUME DOWN command to decrease the audio output of audio device 14 (STEP 38, FIG. 3). In this manner, controller 16 prevents the volume of level of audio device 14, as detected by microphone 26, from increasing above the upper moving threshold. After transmitting a VOLUME DOWN command (STEP 38, FIG. 3), controller 16 advances to STEP 44 of process 30. However, if during STEP 38 controller 16 instead determines that the current S/N ratio is less than or equal to the upper moving threshold, controller 16 advances to STEP 40 of process 30 (FIG. 3) and determines if the S/N ratio is less than a lower moving threshold stored in memory 20. If, during STEP 40, controller 16 determines that the current S/N ratio is greater than or equal to the lower moving threshold, controller 16 advances directly to STEP 44 as described below. However, if controller 16 instead determines the current S/N ratio is less than the lower moving threshold, controller 16 causes wireless transmitter 24 to emit a VOLUME UP command (STEP 42, FIG. 3) before continuing to STEP 44 of process 30. In so doing, controller 16 effectively prevents the volume level of audio device 14, as detected by microphone 26, from decreasing below the lower moving threshold,” Malode [0020]).
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malode in view of Marumoto et al. (US 2005/0013443 A1), hereinafter Marumoto.
Claim 3: Malode discloses the method of claim 1, but does not disclose wherein the second computing device comprises the microphone. However, Marumoto discloses a similar audio correcting apparatus comprising “a television apparatus 100 and a remote controller 200,” Marumoto [0047] and further discloses where each comprise a microphone (see at least, “The television apparatus 100 includes a television (TV) audio output unit 10, an audio-correcting filter 20, a loudness-compensation-gain calculating unit 30, acoustic characteristic setting units 40 and 42, an arithmetic unit 50, an amplifier 60, a speaker 62, a microphone 64,” Marumoto [0048], “Also, as shown in FIG. 2, the remote controller 200 includes a microphone 210,” Marumoto [0059]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned second computing device comprising the microphone as disclosed by Marumoto in the invention of Malode thereby allowing for acoustic correction at the location of the second computing device.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malode and Marumoto in view of Edelson et al. (US 6,504,926 B1), hereinafter Edelson.
Claim 4: Malode and Marumoto disclose the method of claim 3, but do not disclose wherein: said determining to adjust at least one of the volume setting or the gain setting comprises: determining the volume setting of the media presentation device is at a maximum level, and determining to increase the gain of the microphone; and said transmitting the first command to the microphone comprises transmitting the first command to the second computing device to cause the second computing device to increase the gain of the microphone. However, Edelson discloses in regards to adjusting a setting of the gain of a speaker and microphone wherein: said determining to adjust at least one of the volume setting or the gain setting comprises: determining the volume setting of the media presentation device is at a maximum level, and determining to increase the gain of the microphone; and said transmitting the first command to the microphone comprises transmitting the first command to the second computing device to cause the second computing device to increase the gain of the microphone (see at least, “For example, the gain of the local speaker may be adjusted to its maximum value and the resulting volume may still be too soft. The user of the present invention, after adjusting the gain of his local speaker to its maximum may then adjust the sensitivity of the microphone at the remote personal computer to further increase the volume to the desired volume level,” Edelson Column 5 Lines 14 – 20, “the software 32 will present a message to the TCP /IP to be transmitted back to the other PC to adjust the sensitivity of the remote microphone,” Edelson Column 5 Lines 2 – 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned teacher of Edelson in the intervention of Malode and Marumoto thereby insuring the adjusted level is not “too soft,” Edelson Column 5 Lines 14 – 20, for the user.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malode in view of Edelson.
Claim 17: Malode discloses the system of claim 15, but does not disclose wherein: the event detector detects a second adjustment event based on an analysis of audio captured by the listening device subsequent to the transmission of the first command; and the device setting adjustment component further: determines the volume setting of the media presentation device is at a maximum level, determines to increase a gain setting of a microphone of the computing device, and transmits a second command to the computing device to cause the computing device to increase the gain setting of the microphone. However, Edelson discloses in regards to adjusting a setting of the gain of a speaker and microphone wherein: the event detector detects a second adjustment event based on an analysis of audio captured by the listening device subsequent to the transmission of the first command; and the device setting adjustment component further: determines the volume setting of the media presentation device is at a maximum level, determines to increase a gain setting of a microphone of the computing device, and transmits a second command to the computing device to cause the computing device to increase the gain setting of the microphone (see at least, “For example, the gain of the local speaker may be adjusted to its maximum value and the resulting volume may still be too soft. The user of the present invention, after adjusting the gain of his local speaker to its maximum may then adjust the sensitivity of the microphone at the remote personal computer to further increase the volume to the desired volume level,” Edelson Column 5 Lines 14 – 20, “the software 32 will present a message to the TCP /IP to be transmitted back to the other PC to adjust the sensitivity of the remote microphone,” Edelson Column 5 Lines 2 – 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned teacher of Edelson in the intervention of Malode thereby insuring the adjusted level is not “too soft,” Edelson Column 5 Lines 14 – 20, for the user.
Claim(s) 7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malode in view of Young (US 2014/0267933 A1), hereinafter Young.
Claim 7: Malode discloses the method of claim 1, but does not disclose further comprising, subsequent to said transmitting the first command: determining audio representative of user interaction has not been detected for a predetermined time; and transmitting a second command to increase the volume setting of the media presentation device or increase the gain setting of the microphone device. However, Young discloses in regards to detecting commands via a microphone subsequent to said transmitting the first command: determining audio representative of user interaction has not been detected for a predetermined time; and transmitting a second command to increase the volume setting of the media presentation device or increase the gain setting of the microphone device (see at least, “In step 124, upon detection of the trigger word, the speech recognition system can reduce the television volume to a predetermined level, allowing the microphone to more accurately detect the user's voice in
order to respond to subsequent voice commands. In step 125, if no voice command is detected within a set timeout, the speech recognition system will return the television to the previous volume state in step 126, and return to step 120 to monitor the microphone audio output and to listening for the trigger word again (which it can do with better accuracy despite more ambient noise),” Young [0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Young in the invention of Malode thereby allowing for the advantage of “allowing the microphone to more accurately detect the user's voice in order to respond to subsequent voice commands,” Young [0050], with the additional benefit of increasing the “television to the previous volume state,” Young [0050], via the system without the need for manual adjustment.
Claim 20: Malode discloses system of claim 15, but does not disclose wherein: subsequent to the transmission of the first command to the microphone, the event detector determines audio representative of user interaction has not been detected for a predetermined time; and the device setting adjustment component further transmits a second command comprising instructions to increase the volume setting of the media presentation device. However, Young discloses in regards to detecting commands via a microphone subsequent to the transmission of the first command to the microphone, the event detector determines audio representative of user interaction has not been detected for a predetermined time; and the device setting adjustment component further transmits a second command comprising instructions to increase the volume setting of the media presentation device (see at least, “In step 124, upon detection of the trigger word, the speech recognition system can reduce the television volume to a predetermined level, allowing the microphone to more accurately detect the user's voice in order to respond to subsequent voice commands. In step 125, if no voice command is detected within a set timeout, the speech recognition system will return the television to the previous volume state in step 126, and return to step 120 to monitor the microphone audio output and to listening for the trigger word again (which it can do with better accuracy despite more ambient noise),” Young [0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Young in the invention of Malode thereby allowing for the advantage of “allowing the microphone to more accurately detect the user's voice in order to respond to subsequent voice commands,” Young [0050], with the additional benefit of increasing the “television to the previous volume state,” Young [0050], via the system without the need for manual adjustment.
Claim(s) 8, 9, 12, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malode in view of Qureshi (US 2021/0305960 A1), hereinafter Qureshi.
Claim 8: Malode discloses a system associated with a first user, comprising (see at least, “FIG.1 is an isometric view of a remote control 10 in accordance with an exemplary embodiment, and FIG. 2 is a block diagram illustrating a number of components that may be included within exemplary remote control 10. As indicated in FIG. 2 at 12, remote control 10 is configured to send wireless command signals to an audio device 14. Audio device 14 is any electrical device that generates an audio output signal, which may then be applied to one or more loudspeakers to generate sound. As indicated in FIG. 2, audio device 14 preferably assumes the form of a television set. However, audio device 14 may also assume various other forms including, but not limited to, that of a set-top box, a dedicated media playback device ( e.g., a digital versatile disc player), a radio receiver, a stereo system, and the like. The loudspeakers to which the audio output signals of audio device 14 are applied may be integrated into audio device 14 or may be independent of audio device 14 and connected thereto utilizing a coaxial cable, speaker wire, or other conventional connector cable,” Malode [0013], “In the exemplary embodiment illustrated in FIGS. 1 and 2, remote control IO includes a housing 15 (FIGS. 1 and 2) containing a controller 16 (FIG. 2), a battery 18 (FIG. 2), a memory 20 (FIG. 2), a user interface 22 (FIGS. 1 and 2), a wireless transmitter 24 (FIGS. 1 and 2), and a single microphone 26 (FIGS. 1 and 2),” Malode [0014]): an event detector that: detects an adjustment event based on an analysis of at least one of: an audio data signal received from a listening device (see at least, “More specifically, above-described exemplary the remote control automatically transmits VOLUME UP and VOLUME DOWN commands to an audio device in relation to variations in the volume output of the audio device and ambient noise levels, as detected by a single microphone included within the remote control. Furthermore, when carried on a user's person, the above-described remote control automatically transmits command signals to the audio device to increase or decrease the volume of the audio device dynamically in relation to the user's movement relative to the audio device,” Malode [0023]), or a command signal received from a computing device via a network interface of the system, the command signal comprising instructions to adjust a volume setting of a media presentation device, the computing device associated with a second user and remotely located from the system; a device setting adjustment component that: determines to adjust a gain setting based at least on the detected adjustment event; and responsive to the determination to adjust the gain setting, transmits a first command, the first command comprising instructions to adjust the gain setting (see at least, “Continuing with exemplary process 30 illustrated in FIG. 3, controller 16 next determines if the current S/N ratio is greater than an upper moving threshold stored in memory 20 (STEP 36, FIG. 3). If controller 16 determines that the current S/N ratio is greater than the upper moving threshold, controller 16 causes transmitter 24 to transmit a VOLUME DOWN command to decrease the audio output of audio device 14 (STEP 38, FIG. 3). In this manner, controller 16 prevents the volume of level of audio device 14, as detected by microphone 26, from increasing above the upper moving threshold. After transmitting a VOLUME DOWN command (STEP 38, FIG. 3), controller 16 advances to STEP 44 of process 30. However, if during STEP 38 controller 16 instead determines that the current S/N ratio is less than or equal to the upper moving threshold, controller 16 advances to STEP 40 of process 30 (FIG. 3) and determines if the S/N ratio is less than a lower moving threshold stored in memory 20. If, during STEP 40, controller 16 determines that the current S/N ratio is greater than or equal to the lower moving threshold, controller 16 advances directly to STEP 44 as described below. However, if controller 16 instead determines the current S/N ratio is less than the lower moving threshold, controller 16 causes wireless transmitter 24 to emit a VOLUME UP command (STEP 42, FIG. 3) before continuing to STEP 44 of process 30. In so doing, controller 16 effectively prevents the volume level of audio device 14, as detected by microphone 26, from decreasing below the lower moving threshold,” Malode [0020], Malode FIG. 3).
Malode does not disclose the gain setting is of a microphone and therefore does not disclose transmitting a command to the microphone to adjust the gain. However, Qureshi discloses in regards to similar dynamic and self-adjusting microphone gain for voice-enabled devices transmitting a command to adjust the microphone gain based on the audio levels of the environment (see at least, “Embodiments described herein provide methods and systems that facilitate improved voice recognition or battery savings. Various embodiments herein can detect current noise and audio levels of an environment (e.g., from a microphone). Corresponding methods or systems can increase or decrease gain or volume input levels on the microphone. Raising gain can, for example, amplify input audio to better determine if a wake trigger has been uttered by a user. This can also make it easier for a user to speak in a native voice instead of raising his/her voice or "yelling" at a voice-enabled device in order for the device to clearly recognize a command. Lowering gain can, for example, save battery life by reducing power consumption of an associated device (e.g., a mobile device such as a smartphone). Embodiments described herein enable a user to speak in a native voice while being clearly understood by a voice enabled device,” Qureshi [0028], “According to an embodiment, a system 104 can receive an input of audio 102 via a microphone 106. The audio 102 can be previously filtered or can be unfiltered. The system 104 can determine a level in dBu. The system 104 can then adjust gain based on a determination regarding the gain adjustment needed to allow a spoken command to be clearly recognized. The system 104 can adjust the gain by the determined value. The system 104 can generate an output. The output can comprise the audio 102 as filtered and/or gain-adjusted by the system 104,” Qureshi [0044], Qureshi FIG. 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Qureshi in the invention of Malode thereby adjusting the microphone gain in addition to the volume allowing for the advantage of “spoken commands to be clearly recognized,” Qureshi [0044], in the invention of Malode.
Claim 9: Malode and Qureshi disclose the system of claim 8, wherein the event detector detects the adjustment event based on the analysis of the audio data signal (see at least, “Utilizing the device silence level as the ambient noise level, controller 16 may then calculate the signal-to-noise ratio ("S/N ratio"), which controller 16 can then utilize to determine whether to generate VOLUME UP or VOLUME DOWN command signals as described more fully Below,” Malode [0019]); the listening device comprises the microphone (see at least, microphone 26 of remote control 10, Malode FIG. 2); and the audio data signal is representative of audio played back by the media presentation device and captured by the microphone (see at least, “More specifically, above-described exemplary the remote control automatically transmits VOLUME UP and VOLUME DOWN commands to an audio device in relation to variations in the volume output of the audio device and ambient noise levels, as detected by a single microphone included within the remote control. Furthermore, when carried on a user's person, the above-described remote control automatically transmits command signals to the audio device to increase or decrease the volume of the audio device dynamically in relation to the user's movement relative to the audio device,” Malode [0023]).
Claim 12: Malode and Qureshi disclose the system of claim 8, wherein to detect the adjustment event, the event detector: determines a volume of the audio data signal (see at least, “More specifically, above-described exemplary the remote control automatically transmits VOLUME UP and VOLUME DOWN commands to an audio device in relation to variations in the volume output of the audio device and ambient noise levels, as detected by a single microphone included within the remote control. Furthermore, when carried on a user's person, the above-described remote control automatically transmits command signals to the audio device to increase or decrease the volume of the audio device dynamically in relation to the user's movement relative to the audio device,” Malode [0023]).
Claim 13: Malode and Qureshi disclose the system of claim 12, wherein to determine to adjust the gain setting the device setting adjustment component further: determines to increase the gain setting if the volume of the audio data signal is below a first threshold; and determines to decrease the gain setting if the volume of the audio data signal is above a second threshold greater than the first threshold (see at least, “More specifically, above-described exemplary the remote control automatically transmits VOLUME UP and VOLUME DOWN commands to an audio device in relation to variations in the volume output of the audio device and ambient noise levels, as detected by a single microphone included within the remote control. Furthermore, when carried on a user's person, the above-described remote control automatically transmits command signals to the audio device to increase or decrease the volume of the audio device dynamically in relation to the user's movement relative to the audio device,” Malode [0023]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malode and Qureshi in view of Marumoto.
Claim 10: Malode and Qureshi disclose the system of claim 8, but do not disclose wherein the computing device comprises the microphone. However, Marumoto discloses a similar audio correcting apparatus comprising “a television apparatus 100 and a remote controller 200,” Marumoto [0047] and further discloses where each comprise a microphone (see at least, “The television apparatus 100 includes a television (TV) audio output unit 10, an audio-correcting filter 20, a loudness-compensation-gain calculating unit 30, acoustic characteristic setting units 40 and 42, an arithmetic unit 50, an amplifier 60, a speaker 62, a microphone 64,” Marumoto [0048], “Also, as shown in FIG. 2, the remote controller 200 includes a microphone 210,” Marumoto [0059]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned second computing device comprising the microphone as disclosed by Marumoto in the invention of Malode and Qureshi thereby allowing for acoustic correction at the location of the second computing device.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malode, Qureshi, and Marumoto, in further view of Edelson.
Claim 11: Malode, Qureshi, and Marumoto disclose the system of claim 10, but do not disclose wherein: to determine to adjust the gain setting, the device setting adjustment component: determines the volume setting of the media presentation device is at a maximum level, and determines to increase the gain of the microphone; and to transmit the first command to the microphone, the device setting adjustment component transmits the first command to the computing device to cause the computing device to increase the gain of the microphone. However, Edelson discloses in regards to adjusting a setting of the gain of a speaker and microphone wherein: to determine to adjust the gain setting, the device setting adjustment component: determines the volume setting of the media presentation device is at a maximum level, and determines to increase the gain of the microphone; and to transmit the first command to the microphone, the device setting adjustment component transmits the first command to the computing device to cause the computing device to increase the gain of the microphone (see at least, “For example, the gain of the local speaker may be adjusted to its maximum value and the resulting volume may still be too soft. The user of the present invention, after adjusting the gain of his local speaker to its maximum may then adjust the sensitivity of the microphone at the remote personal computer to further increase the volume to the desired volume level,” Edelson Column 5 Lines 14 – 20, “the software 32 will present a message to the TCP /IP to be transmitted back to the other PC to adjust the sensitivity of the remote microphone,” Edelson Column 5 Lines 2 – 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned teacher of Edelson in the intervention of Malode, Qureshi, and Marumoto thereby insuring the adjusted level is not “too soft,” Edelson Column 5 Lines 14 – 20, for the user.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Malode and Qureshi in view of Young.
Claim 4: Malode and Qureshi discloses system of claim 8, but do not disclose wherein: subsequent to the transmission of the first command to the microphone, the event detector determines audio representative of user interaction has not been detected for a predetermined time; and the device setting adjustment component further transmits a second command comprising instructions to increase the gain setting of the microphone device. However, Young discloses in regards to detecting commands via a microphone : subsequent to the transmission of the first command to the microphone, the event detector determines audio representative of user interaction has not been detected for a redetermined time; and the device setting adjustment component further transmits a second command comprising instructions to increase the gain setting of the microphone device (see at least, “In step 124, upon detection of the trigger word, the speech recognition system can reduce the television volume to a predetermined level, allowing the microphone to more accurately detect the user's voice in order to respond to subsequent voice commands. In step 125, if no voice command is detected within a set timeout, the speech recognition system will return the television to the previous volume state in step 126, and return to step 120 to monitor the microphone audio output and to listening for the trigger word again (which it can do with better accuracy despite more ambient noise),” Young [0050]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Young in the invention of Malode and Qureshi thereby allowing for the advantage of “allowing the microphone to more accurately detect the user's voice in order to respond to subsequent voice commands,” Young [0050], with the additional benefit of increasing the “television to the previous volume state,” Young [0050], via the system without the need for manual adjustment.
Conclusion
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/JOSEPH SAUNDERS JR/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692