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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 13 recites a method performed by a first terminal device, the method substantially comprises one step: transmitting a first piece of audio data to the audio output device. The first piece of audio data is configured to enable the audio output device to perform functions on the audio output device, with a condition that only when the audio output device receives a second piece of audio data transmitted from the second terminal device. Since the claim regards the method only performed by the first terminal device, it fails to provide clear claim boundary whether the functions executed on the audio output device should be part of the method, further the phrase “when” creates uncertainty conditions including when the audio output device does not receive the second piece of audio data transmitted from the second terminal device, specially the reception of the second piece of audio data is uncertain and exclusive from the first terminal device.
Claims 14-17 are rejected for depend from claim 13.
Claim 14 recites “in case” in line 3, however this phrase creates uncertainty condition and unclear claim boundary with other possible cases, if it intended to recite call service, which should be clearly recited.
Claims 15-17 are rejected for depend from claim 14.
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.
Claim(s) 1-4, 6 and 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KIM (US 20210255823 A1).
For claim 1. KIM discloses ([0026], [0028], figure 1) A audio playing control method performed by an audio output device, wherein the audio output device is configured to establish a Bluetooth connection with each of a first terminal device and a second terminal device, and the method comprises: receiving a second piece of audio data transmitted from the second terminal device to the audio output device when the first terminal device transmits a first piece of audio data to the audio output device (figure 4 steps 401-405, [0063], [0065]); determining a target piece of audio data from the first piece of audio data and the second piece of audio data ([0065]); and playing the target piece of audio data (figure 4 steps 407-413) and performing a first processing operation corresponding to a non-target piece of audio data to prevent the audio output device from outputting the non-target piece of audio data ([0056]), wherein the non-target piece of audio data is another piece of audio data of the first piece of audio data and the second piece of audio data other than the target piece of audio data ([0056], figure 4 steps 407-413).
For claim 2. The method according to claim 1, KIM discloses wherein the determining a target piece of audio data from the first piece of audio data and the second piece of audio data comprises: determining a priority of each of the first piece of audio data and the second piece of audio data based on a service type of the each of the first piece of audio data and the second piece of audio data and determining a piece of audio data of the first piece of audio data and the second piece of audio data with the greatest priority as the target piece of audio data ([0031], [0089], [0090]).
For claim 3. The method according to claim 2, KIM discloses wherein the service type comprises a call service and a media service, the determining a priority of each of the first piece of audio data and the second piece of audio data based on a service type of the each of the first piece of audio data and the second piece of audio data and determining a piece of audio data of the first piece of audio data and the second piece of audio data with the greatest priority as the target piece of audio data comprises: determining that the priority of the second piece of audio data is greater than the priority of the first piece of audio data and determining the second piece of audio data as the target piece of audio data in response to the service type corresponding to the second piece of audio data being the call service; or determining that the priority of the first piece of audio data is greater than the priority of the second piece of audio data and determining the first piece of audio data as the target piece of audio data in response to the service type corresponding to the second piece of audio data being the media service ([0031], [0034], [0089], [0090]).
For claim 4. The method according to claim 1, KIM discloses wherein the playing the target piece of audio data and performing a first processing operation corresponding to a non-target piece of audio data comprises: playing the target piece of audio data and putting the non-target piece of audio data on mute ([0034], [0056]).
For claim 6. The method according to claim 4, KIM discloses wherein the putting the non-target piece of audio data on mute comprises: setting a volume corresponding to the non-target piece of audio data to be 0, and mixing the target piece of audio data with the non-target piece of audio data of which the volume is set to be 0 to obtain a mixed output data; and playing the mixed output data ([0034], [0056], [0073], [0095]).
For claim 12. The method according to claim 1, KIM discloses wherein after the playing the target piece of audio data and performing a first processing operation corresponding to a non-target piece of audio data, the method further comprises: responding to a third switch instruction, stopping playing the target piece of audio data based on the third switch instruction, and playing the non-target piece of audio data ([0006], [0074]).
For claim 13. KIM discloses ([0026], [0028], figure 1) An audio playing control method performed by a first terminal device, wherein the first terminal device is configured to establish a Bluetooth connection with an audio output device, the audio output device is further configured to establish another Bluetooth connection with a second terminal device, and the method comprises: transmitting a first piece of audio data to the audio output device (figure 4 steps 401-405, [0063], [0065]), wherein when the audio output device receives a second piece of audio data transmitted from the second terminal device, the first piece of audio data is configured to enable the audio output device to determine a target piece of audio data from the first piece of audio data and the second piece of audio data ([0065]), play the target piece of audio data (figure 4 steps 407-413), and perform a first processing operation corresponding to a non-target piece of audio data to prevent the audio output device from outputting the non-target piece of audio data, wherein the non-target piece of audio data is another piece of audio data of the first piece of audio data and the second piece of audio data other than the target piece of audio data ([0056], figure 4 steps 407-413).
For claim 14. The method according to claim 13, KIM discloses wherein after the transmitting a first piece of audio data to the audio output device, the method further comprises: in case that a service type corresponding to the first piece of audio data is a call service, responding to a call processing instruction, stopping transmitting the first piece of audio data to the audio output device, and performing a second processing operation corresponding to the call service of the first terminal device in response to the call processing instruction transmitted by the audio output device being received (the phrase “in case” creates uncertainty conditions that including the service type is other than the call service, which is disclosed by KIM including media [0031], [0034]).
For claim 15. The method according to claim 14, KIM discloses wherein the call processing instruction comprises a call loudspeaker instruction, and the performing a second processing operation corresponding to the call service of the first terminal device comprises: responding to the call loudspeaker instruction and externally playing the first piece of audio data through a loudspeaker (the phrase “in case” in claim 14 creates uncertainty conditions that including the service type is other than the call service, which is disclosed by KIM including media [0031], [0034]).
For claim 16. The method according to claim 15, KIM discloses wherein the responding to the call loudspeaker instruction and externally playing the first piece of audio data through a loudspeaker comprises: setting a volume corresponding to the first piece of audio data to be 0; and responding to the call loudspeaker instruction and externally playing the first piece of audio data of which the volume is set to be 0 through the loudspeaker (the phrase “in case” in claim 14 creates uncertainty conditions that including the service type is other than the call service, which is disclosed by KIM including media [0031], [0034]).
For claim 17. The method according to claim 14, KIM discloses wherein the call processing instruction comprises a call suspending instruction, and the performing a second processing operation corresponding to the call service of the first terminal device comprises: responding to the call suspending instruction, transmitting a suspending prompt sound to a call object of the first terminal device, and setting the call service to be a suspending state (the phrase “in case” in claim 14 creates uncertainty conditions that including the service type is other than the call service, which is disclosed by KIM including media [0031], [0034]).
For claim 18. KIM discloses ([0026], [0028], figure 1) An audio output device comprising a memory and a processor, wherein the audio output device is configured to establish a Bluetooth connection with each of a first terminal device and a second terminal device, a computer program is stored in the memory, and when being executed by the processor, the computer program causes the processor to execute: receiving a second piece of audio data transmitted from the second terminal device to the audio output device when the first terminal device transmits a first piece of audio data to the audio output device (figure 4 steps 401-405, [0063], [0065]); determining a target piece of audio data from the first piece of audio data and the second piece of audio data (figure 4 steps 401-405, [0063], [0065]); and playing the target piece of audio data (figure 4 steps 401-405, [0063], [0065]) and performing a first processing operation corresponding to a non-target piece of audio data to prevent the audio output device from outputting the non-target piece of audio data, wherein the non-target piece of audio data is another piece of audio data of the first piece of audio data and the second piece of audio data other than the target piece of audio data ([0034], [0056], figure 4 steps 407-413).
For claim 19. The audio output device according to claim 18, KIM discloses wherein the determining a target piece of audio data from the first piece of audio data and the second piece of audio data comprises: determining a priority of each of the first piece of audio data and the second piece of audio data based on a service type of the each of the first piece of audio data and the second piece of audio data and determining a piece of audio data of the first piece of audio data and the second piece of audio data with the greatest priority as the target piece of audio data ([0031], [0034], [0089], [0090]).
For claim 20. The audio output device according to claim 19, KIM discloses wherein the service type comprises a call service and a media service, the determining a priority of each of the first piece of audio data and the second piece of audio data based on a service type of the each of the first piece of audio data and the second piece of audio data and determining a piece of audio data of the first piece of audio data and the second piece of audio data with the greatest priority as the target piece of audio data comprises: determining that the priority of the second piece of audio data is greater than the priority of the first piece of audio data and determining the second piece of audio data as the target piece of audio data in response to the service type corresponding to the second piece of audio data being the call service; or determining that the priority of the first piece of audio data is greater than the priority of the second piece of audio data and determining the first piece of audio data as the target piece of audio data in response to the service type corresponding to the second piece of audio data being the media service ([0031], [0034], [0089], [0090]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM (US 20210255823 A1) in view ZHU (US 20220116492 A1).
For claim 5. The method according to claim 4, KIM fails to disclose wherein the putting the non-target piece of audio data on mute comprises: discarding the received non-target piece of audio data to prevent the audio output device from decoding and playing the non-target piece of audio data.
This teaching is disclosed by ZHU ([0106]).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the selection techniques taught by ZHU into the art of KIM as to discard non-target audio packets as muting to avoid unnecessary process in decoder.
Allowable Subject Matter
Claims 7-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, because none of the references, either alone or in combination, discloses or renders obvious the claims 7-11.
Conclusion
Any response to this Office Action should be faxed to (571) 273-8300, submitted online via the USPTO's Electronic Filing System-Web (EFS-Web) (Registered eFilers only, Registered users of the USPTO's EFS-Web system may submit a response electronically through EFS-Web at https://efs.uspto.gov/TruePassSample/AuthenticateUserLocalEPF.html), or mailed to:
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rui Meng Hu whose telephone number is 571-270-1105, email is ruimeng.hu@uspto.gov. The examiner can normally be reached on Monday - Friday, 8:00 a.m. - 5:00 p.m., EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached on (571)272-3965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Rui Meng Hu/
R.H./rh
March 22, 2026
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643