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 .
Response to Amendment
1. The amendment filed March 31, 2026 has been entered. Claims 1-4, 7, 8, 16-19, and 22-27 are pending in the application. Claims 5, 6, 20, and 21 have been canceled. The objections to Claims 4, 19, and 27 have been withdrawn. The 35 U.S.C. 101 rejections of Claims 1-4, 7, and 8 are withdrawn.
Claim Rejections - 35 USC § 103
2. 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.
3. Claim(s) 1, 16, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Pance et al. (U.S. Pub. No. 2020/0389623 A1, hereinafter "Pance") in view of Cho et al. (U.S. Pub. No. 2014/0235290 A1, hereinafter "Cho"), and further in view of Kalayjian et al. (U.S. Pub. No. 2012/0077503 A1, hereinafter "Kalayjian").
Regarding Claim 1, Pance teaches a method of switching audio input and output (method 200, Fig. 3, Paras. [0043]-[0050]; operation 210 adjusts the audio output device and optionally a user input device to accommodate a new user location, Para. [0050]) applied to live streaming (video sensor 134 may be used to capture video and still images that may be used for various applications, Para. [0038]), implemented by an electronic device (computer 102, Figs. 1A and 1B, Para. [0030]), comprising:
obtaining, by the electronic device, a live stream image of a live streamer during live streaming, and determining a live scene of the live streamer according to the live stream image (computer 102 may utilize the video sensor 134 to capture and analyze an image (e.g., facial recognition), Para. [0043]), the live scene including a far-field scene and a near-field scene (the computer 102 may simply detect that a user is not directly in front of the computer 102, Para. [0044]; the computer 102 may also detect if the user were sitting directly in front the of the computer 102, Para. [0045]);
in response to a change of the live scene, switching, by the electronic device, audio input and output of a live streaming device according to the change of the live scene (the computer 102 may compare the user's location with the current audio output settings to determine whether the audio is within an optimum range based on the position of the user. As one example, if the user is located a few yards away from the computer 102 and the audio is configured to output as if the user were sitting directly in front the of the speakers 110 or computer 102, the audio may need to be adjusted, Para. [0045]; operation 210 adjusts the audio output device and optionally a user input device to accommodate a new user location, Para. [0050]).
Pance fails to explicitly teach wherein if the change of the live scene is changing from the near-field scene to the far-field scene, switching the audio input of the live streaming device to a microphone input of the live streaming device, and switching the audio output of the live streaming device to an external output of the live streaming device;
wherein if the change of the live scene is changing from the far-field scene to the near-field scene, switching the audio input of the live streaming device to a microphone input of a headphone connected to the live streaming device, and switching the audio output of the live streaming device to an output of the headphone.
However, Cho teaches wherein if the change of the live scene is changing from the near-field scene to the far-field scene, switching the audio input of the live streaming device to a microphone input of the live streaming device, and switching the audio output of the live streaming device to an external output of the live streaming device (when detected distance between electronic device 100 and user exceeds a reference value, sound input and output paths is switched to the electronic device 100, Fig. 7, Paras. [0057] and [0058]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method (as taught by Pance) to include the switching of audio input and output to the streaming device when scene changes from near-field to far-field (as taught by Cho). Doing so, improves switching action control by eliminating the physical action of pressing a button (Cho Para. [0009]).
However, Kalayjian teaches wherein if the change of the live scene is changing from the far-field scene to the near-field scene, switching the audio input of the live streaming device to a microphone input of a headphone connected to the live streaming device, and switching the audio output of the live streaming device to an output of the headphone (in instance 279, sensor data from proximity sensors on the headset and the phone indicate that both the headset and the phone are close to the user and in this case, the default action which may occur automatically is to enable the audio on the headset while disabling the audio on the phone. Instance 279 may represent a situation in which the user is holding the phone and the headset is being worn by the user on the user's ear, Fig. 3A, Para. [0043]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method (as taught by Pance in view of Cho) to include the switching of audio input and output to the headphone when scene changes from far-field to near-field (as taught by Kalayjian). Doing so prevents audio bleed from external speakers avoiding disruptive feedback loops.
Regarding Claim 16, it is similarly rejected as Claim 1. The electronic device comprising: at least one processor and memory can be found in Pance (Figs. 1A and 1B, Para. [0030]).
Regarding Claim 24, it is similarly rejected as Claim 1. The non-transitory computer readable storage medium can be found in Pance (Figs. 1A and 1B, Para. [0030]).
4. Claim(s) 2-4, 17-19, and 25-27 are rejected under 35 U.S.C. 103 as being unpatentable over Pance et al. (U.S. Pub. No. 2020/0389623 A1, hereinafter "Pance") in view of Cho et al. (U.S. Pub. No. 2014/0235290 A1, hereinafter "Cho") in view of Kalayjian et al. (U.S. Pub. No. 2012/0077503 A1, hereinafter "Kalayjian"), and further in view of Huang et al., (Chinese Pub. No. CN 111738099 A, hereinafter "Huang").
Regarding Claim 2, Pance in view of Cho, and further in view of Kalayjian fail to explicitly teach wherein the first recognition result is used to characterize a correlation between a first human feature of the live streamer in the live stream image and a second human feature of the live streamer in a real scene;
determining the live scene according to the correlation.
However, Huang teaches wherein the first recognition result is used to characterize a correlation between a first human feature of the live streamer in the live stream image and a second human feature of the live streamer in a real scene (first recognition result of step 5 characterizes a correlation between the first human feature of image input of step 5 with a second human feature of face picture of step 1, Paras. [0042]-[0057]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method (as taught by Pance in view of Cho, and further in view of Kalayjian) to include the first recognition result as a correlation between a first human feature and a second human feature and using the correlation to determine the live scene (as taught by Huang). Doing so, improves accuracy of face detection and maintains faster detection speed (Huang Para. [0041]).
Regarding Claim 3, Pance in view of Cho in view of Kalayjian, and further in view of Huang teach wherein the correlation characterizes a ratio of the first human feature to the second human feature (Huang, the correlation of the first human feature in step 5 and the second human feature in step 1 characterizes a ratio, Paras. [0042]-[0057]).
Regarding Claim 4, Pance in view of Cho in view of Kalayjian, and further in view of Huang teach wherein if the ratio is greater than a preset first threshold, the live scene is a far-field scene (Kalayjian, a threshold value may represent a distance which is compared to a value derived from a light intensity measurement in a proximity sensor. A light intensity measurement which represents a distance larger than the threshold value indicates that the object (which reflected the emitter's light) is not near, Para. [0087]);
if the ratio is less than the first threshold, the live scene is a near-field scene (Kalayjian, a light intensity measurement which represents a distance smaller than the threshold value indicates that the object is near, Para. [0087]).
Regarding Claim 17, it is similarly rejected as Claim 2. The electronic device comprising: at least one processor and memory can be found in Pance (Figs. 1A and 1B, Para. [0030]).
Regarding Claim 18, it is similarly rejected as Claim 3. The electronic device comprising: at least one processor and memory can be found in Pance (Figs. 1A and 1B, Para. [0030]).
Regarding Claim 19, it is similarly rejected as Claim 4. The electronic device comprising: at least one processor and memory can be found in Pance (Figs. 1A and 1B, Para. [0030]).
Regarding Claim 25, it is similarly rejected as Claim 2. The non-transitory computer readable storage medium can be found in Pance (Figs. 1A and 1B, Para. [0030]).
Regarding Claim 26, it is similarly rejected as Claim 3. The non-transitory computer readable storage medium can be found in Pance (Figs. 1A and 1B, Para. [0030]).
Regarding Claim 27, it is similarly rejected as Claim 4. The non-transitory computer readable storage medium can be found in Pance (Figs. 1A and 1B, Para. [0030]).
5. Claim(s) 7, 8, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable Pance et al. (U.S. Pub. No. 2020/0389623 A1, hereinafter "Pance") in view of Cho et al. (U.S. Pub. No. 2014/0235290 A1, hereinafter "Cho") in view of Kalayjian et al. (U.S. Pub. No. 2012/0077503 A1, hereinafter "Kalayjian"), and further in view of Zhang et al. (Chinese Pub. No. CN 112286347 A, hereinafter "Zhang").
Regarding Claim 7, Pance in view of Cho, and further in view of Kalayjian fail to explicitly teach wherein determining a live scene of the live streamer according to the live stream image comprises:
obtaining a second recognition result by recognizing the live stream image, wherein the second recognition result is used to characterize a relative distance between the live streamer and the live streaming device;
determining the live scene according to the relative distance.
However, Zhang teaches obtaining a second recognition result by recognizing the live stream image (image captured by camera is input into the distance model for recognition to identify the face image [i.e. the second recognition result of the live stream image], Paras. [0068]-[0075]), wherein the second recognition result is used to characterize a relative distance between the live streamer and the live streaming device (the face image recognized by the distance model is used to characterize a relative distance between the face and the screen, Paras. [0068]-[0083]);
determining the live scene according to the relative distance (the method is used to acquire face images in real time and recognize the face based on distance, Para. [0068]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method (as taught by Pance in view of Cho, and further in view of Kalayjian) to include the second recognition result characterizing a distance between the steamer and streaming device (as taught by Zhang). Doing so leads to fast recognition speed (Zhang Para. [0068]).
Regarding Claim 8, Pance in view of Cho in view of Kalayjian, and further in view of Zhang teach wherein if the relative distance is less than a preset second threshold, the live scene is a near-field scene (Zhang, distance of user from the screen is based on ratio value, when the ratio is less than a threshold the face image is marked as near-field, Para. [0081]);
if the relative distance is greater than the second threshold, the live scene is a far-field scene (Zhang, distance of user from the screen is based on ratio value, when the ratio is greater than a threshold the face image is marked as far-field, Para. [0081]).
Regarding Claim 22, it is similarly rejected as Claim 7. The electronic device comprising: at least one processor and memory can be found in Pance (Figs. 1A and 1B, Para. [0030]).
Regarding Claim 23, it is similarly rejected as Claim 8. The electronic device comprising: at least one processor and memory can be found in Pance (Figs. 1A and 1B, Para. [0030]).
Response to Arguments
6. Applicant’s arguments with respect to independent Claim(s) 1, 16, and 24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Independent Claims 1, 16, and 24 have been rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Pance in view of Cho, and further in view of Kalayjian.
Pance is applied in the rejection for its teaching of the features of obtaining a live stream image of streamer and determining a live scene according to the live stream image which includes a far-field and near-field scene by analyzing the image using facial recognition and detecting if the user is in front or far from the computer device.
Cho teaches the feature of switching audio input and output to microphone and external output when scene changes from near-field to far-field.
Kalayjian teaches the feature of switching audio input and output to microphone and output of the headphone when scene changes from far-field to near-field.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIMEZIE E BEKEE whose telephone number is (571)272-0202. The examiner can normally be reached M-F 7.30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHIMEZIE EZERIWE BEKEE/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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