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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/15/2025 has been entered.
Response to Arguments
Applicant’s arguments filed 12/15/2025 have been considered but are moot in view of a new ground of rejection.
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.
Claims 1, 4-5, 7-10, 12-14, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hitoshi (JP 2010171625 A – hereinafter Hitoshi, references to machine translated copy attached), Mathur (US 2021/0152966 A1 – hereinafter Mathur), and Hansen (US 2020/0258549 A1 – hereinafter Hansen).
Regarding claim 1, Hitoshi discloses an electronic device (Fig. 1 – electronic device 200) comprising: a camera (page 2 – the device 200 comprises a single-lens reflex camera); a microphone (page 3 – the device 200 comprises a microphone 201 as illustrated in Figs. 1 and 3); a wireless communication circuit transmitting and receiving data with respect to an external electronic device (Fig. 1 – a wireless communication circuit transmitting and receiving data with external electronic device 100, e.g. a WLAN); at least one processor (page 3; Fig. 3 – control unit 280); and memory storing instructions that, when executed by the at least one processor individually or collectively, cause the electronic device (Fig. 5 – a memory for storing instructions that, when executed by the control unit 280, cause the electronic device 200 to perform the operations) to: obtain first video data by using the camera (page 6, page 7 – obtaining and storing captured moving images into memory 230); obtain first reference audio data by enabling the microphone during a first duration at each first interval (page 3 – obtaining audio data as reference audio data using microphone 201 enabled at each first interval during a first duration, i.e. starting when photographing starts and ending at a time when a correlation is detected); receive first audio data corresponding to the first video data from the external electronic device via the wireless communication circuit (page 4 – receiving the first audio data corresponding to the moving image data from device 100 via the WLAN and storing the received first audio data into memory 230), the first audio data received in a state of not being synchronized with the first video data due to a delay occurring while receiving the first audio data from the external electronic device (page 9 – the first audio data not synchronized with the first video data due to delay thus need to be corrected); based on a comparison result between the first reference audio data and a portion of the first audio data (page 4 – comparing the first reference data and a portion of the first audio data to detect correlation to detect a correlation), correct, at a defined interval, the first audio data while in the state of not being synchronized based on the first reference audio data to generate corrected first audio data that is synchronized with the first video data (page 9 – correcting timing shift or error between the video data and the audio data at an interval during which a correlation between the reference audio data and the audio data from the external device is detected); and create a moving image file, based on the first video data and the corrected first audio data (page 3 – generating the moving image data based on the captured moving images and the corrected audio data captured from device 100).
However, Hitoshi does not disclose disabling the microphone during a remaining time other than the first duration at each first interval; the electronic device is caused to periodically correct, at each defined interval, the first audio data.
Mathur discloses disabling a microphone during a remaining time other than a first duration at each first interval ([0036]; [0044]; [0047] – disabling a microphone during a remaining time for which it is not needed other than a first duration when it is need at each first interval).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Mathur into the electronic device taught by Hitoshi to conserve power and to unnecessary sound interference during recording.
Hitoshi and Mathur do not disclose the electronic device is caused to periodically correct, at each defined interval, the first audio data.
Hansen discloses an electronic device is caused to periodically correct, at each defined interval, first audio data ([0036] – audio data is corrected periodically, e.g. to re-synchronize the audio data with video data).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Hansen into the electronic device taught by Hitoshi and Mathur to ensure that the synchronization between the video and the first audio data is maintained during a long recording.
Regarding claim 4, Hitoshi also discloses the electronic device of claim 1, wherein at least one of the first interval or the first duration is lengthened or shortened based on the comparison result between the first reference audio data and the portion of the first video (page 7 – at least the first duration is lengthened if a correlation is not detected because the detection process is repeated).
Regarding claim 5, Hitoshi also discloses the electronic device of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: analyze a correlation between the first reference audio data and the first audio data (page 7 – analyzing a correlation between the first reference audio data, which is a next sampling timing of the audio data captured by the microphone 201 to the first audio data); identify a time by which the first audio data is delayed compared to the first reference audio data, based on a correlation analysis result (page 7 – at step S107 of a second loop where a correlation is detected); and correct the first audio data, based on the delayed time (page 9 – correcting the delay to generated a moving image synchronized with the first audio data).
Regarding claim 6, Hitoshi in view of Mathur and Hansen also discloses the electronic device of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: analyze a correlation between the portion of the first audio data and the first reference audio data (page 5 – analyzing correlation between audio data captured by microphone 201 and audio data captured by microphone 101); determine whether a correlation analysis result satisfies a specified condition (page 7 – whether the correlation analysis result indicates a correlation being detected); correct the first audio data based on the first reference audio data, in response that the correlation analysis result satisfies the specified condition (page – correcting the delay to generate the moving images synchronized with the captured audio data in response to detection of a correlation); and shorten the first interval or length the first duration in response that the correlation analysis result does not satisfy the specified condition (page 7 – if a correlation is not detected, repeating a correlation analysis for the next sampling timing).
However, Hitoshi, Mathur, and Hansen do not disclose the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: apply a first noise filter to the first reference audio data; apply a second noise filter to the first audio data.
Official Notice is taken that applying a noise filter to captured audio data is well known in the art.
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate applying a noise filter to each of the first reference data and the first audio data in the device taught by Hitoshi, Mathur, and Hansen above to enhance the quality of the audio as well as to improve the accuracy of correlation analysis.
Regarding claim 7, Hitoshi also discloses the electronic device of claim 1, wherein the external electronic device includes a first external microphone and a second external microphone (page 8; Fig. 7 – including a microphone in device 100-A and a microphone in device 100-B), and wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: receive, via the wireless communication circuit, the first audio data obtained by the external electronic device by using the first external microphone (page 8; Fig. 7 – receiving first audio data from device 100-A) and second audio data obtained by the external electronic device by using the second external microphone (page 8; Fig. 7 – receiving second audio data from device 100-B), wherein the first audio data and the second audio data correspond to the first video data (Fig. 7 – both the first and second audio data correspond to the first video data captured by device 200); and analyze a correlation between the first reference audio data and each of the first audio data and the second audio data (page 7 – analyzing the first reference audio data to detect correlation with each of the first audio data and the second audio data, when no correlation is detected at step S107 in the first loop).
Regarding claim 8, Hitoshi also discloses the electronic device of claim 7, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: select any one of audio data satisfying a specified condition from the first audio data and the second audio data, based on a correlation analysis result (page 9 – selecting audio data when a correlation is detected and correct the audio data); and create the moving image file based on the first video data and the selected audio data (page 9 – generating the moving image data based on the captured moving images and the corrected audio data captured from device 100-A and/or device 100-B).
Regarding claim 9, Hitoshi also discloses the electronic device of claim 7, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: select any one of audio data satisfying a specified condition from among the first audio data and the second audio data, based on a correlation analysis result (page 9 – selecting audio data when a correlation is detected and correct the audio data); identify a time by which the selected audio data is delayed compared to the first reference audio data (page 9 – identifying a timing shift or error to correct the audio data); and correct the first audio data or the second audio data, based on the delayed time (page 9 – correcting the audio data based on the timing shift or error).
Regarding claim 10, Hitoshi also disclose the electronic device of claim 1, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: analyze a correlation between the first reference audio data and the first audio data (page 7 – analyzing the first reference audio data to detect correlation with each of the first audio data); determine whether a correlation analysis result satisfies a specified condition (page 7 – determining whether a correlation is detected); correct the first audio data, based on the first reference audio data to create the moving image file based on the first video data and the corrected first audio data, in response that the correlation analysis result satisfies the specified condition (page 9 – correcting the timing shift or error of the audio data when a correlation is detected); and obtain internal audio data corresponding to the first video data by using the microphone to create the moving image file based on the first video data and the internal audio data, in response that the correlation analysis result does not satisfy the specified condition (page 3 – creating the moving image file based on the internal audio data not correlated with the audio data captured by the external device).
Claim 12 is rejected for the same reason as discussed in claim 1 above.
Claim 13 is rejected for the same reason as discussed in claim 4 above.
Claim 14 is rejected for the same reason as discussed in claim 5 above.
Claim 15 is rejected for the same reason as discussed in claim 6 above.
Regarding claim 16, Hitoshi discloses an electronic device (Fig. 1 – electronic device 200) comprising: a camera (page 2 – the device 200 comprises a single-lens reflex camera); a microphone (page 3 – the device 200 comprises a microphone 201 as illustrated in Figs. 1 and 3); a wireless communication circuit transmitting and receiving data with respect to an external electronic device (Fig. 1 – a wireless communication circuit transmitting and receiving data with external electronic device 100, e.g. a WLAN); at least one processor (page 3; Fig. 3 – control unit 280); and memory storing instructions that, when executed by the at least one processor individually or collectively, cause the electronic device (Fig. 5 – a memory for storing instructions that, when executed by the control unit 280, cause the electronic device 200 to perform the operations) to: obtain video data by using the camera (page 6, page 7 – obtaining and storing captured moving images into memory 230); obtain reference audio data by enabling the microphone during a first duration at each first interval (page 3 – obtaining audio data as reference audio data using microphone 201 enabled at each first interval during a first duration, i.e. starting when photographing starts and ending at a time when a correlation is detected); receive audio data corresponding to the video data from the external electronic device via the wireless communication circuit (page 4 – receiving the audio data corresponding to the moving image data from device 100 via the WLAN and storing the received audio data into memory 230), the audio data received in a state of not being synchronized with the video data due to a delay occurring while receiving the audio data from the external electronic device (page 9 – the first audio data not synchronized with the first video data due to delay thus need to be corrected); perform a correlation analysis using the at least one processor to correct the audio data while in the state of not being synchronized based at least in part on the reference audio data to generate corrected audio data that is synchronized with the video data (page 7; page 9 – performing a correlation analysis to determine whether a correlation exists to identify timing shift or error in the audio data with respect to the video data and correct the timing shift or error); and create a moving image file based at least in part on the video data and the corrected audio data (page 3; page 9 – generating the moving image file with the corrected audio data).
However, Hitoshi does not disclose disabling the microphone during a remaining time other than the first duration at each first interval; the electronic device is caused to periodically perform a correlation analysis using the at least one processor to periodically correct, at each defined interval, a delay of the audio data.
Mathur discloses disabling a microphone during a remaining time other than a first duration at each first interval ([0036]; [0044]; [0047] – disabling a microphone during a remaining time for which it is not needed other than a first duration when it is need at each first interval).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Mathur into the electronic device taught by Hitoshi to conserve power and to unnecessary sound interference during recording.
Hitoshi and Mathur do not disclose the electronic device is caused to periodically perform a correlation analysis using the at least one processor to periodically correct, at each defined interval, the audio data.
Hansen discloses an electronic device is caused to periodically perform a correlation analysis using at least one processor to periodically correct, at each defined interval, audio data ([0036] – audio data is corrected periodically, e.g. to re-synchronize the audio data with video data).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Hansen into the electronic device taught by Hitoshi and Mathur to ensure that the synchronization between the video and the first audio data is maintained during a long recording.
Claim 17 is rejected for the same reason as discussed in claim 6 above.
Regarding claim 18, Hitoshi in view of Mathur, Hansen, and Official Notice above also discloses the electronic device of claim 17, wherein the correlation analysis further comprises: determining by the electronic device a time difference between the filtered audio data and the filtered reference audio data (page 9 – determining the timing shift); and removing the time difference to correct the audio data (page 9 – removing the delay to synchronize the audio data with the video data).
Regarding claim 19, Hitoshi in view of Mathur, Hansen, and Official Notice discussed above also discloses the electronic device of claim 18, wherein removing the time difference comprises: identifying at least one reference signal pattern occurring at a first time period in the filtered reference audio data (page 7; page 9 – identifying a signal pattern causing the correlation in the filtered reference data); identifying at least one audio signal pattern occurring at a different second time period included in the filtered audio data (page 7; page 9 – identifying a signal pattern causing the correlation in the filtered audio data); synchronizing the second time period of the at least one audio signal pattern to match the first time period of the at least one reference signal pattern to remove the time difference (page 9 – synchronizing the period in the filtered reference data and the period in the filtered audio data during which the correlation is detected).
Regarding claim 20, Hitoshi also discloses the electronic device of claim 16, wherein the audio data includes first audio data corresponding to the video data obtained from a first audio output device, and second audio data corresponding to the video data obtained from a second audio output device (page 8; Fig. 7 – the audio data including first audio data obtained from a microphone in device 100-A and second audio data obtained from a microphone in device 100-B).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Hitoshi, Mathur, and Hansen as applied to claims 1, 4-10, and 12-20 above, and further in view of McLaughlin (US 2015/0147913 A1 – hereinafter McLaughlin).
Regarding claim 2, Hitoshi in view of Mathur and Hansen also discloses the electronic device of claim 1, wherein the external electronic device includes a first device and a second device (page 8; Fig. 7 – including device 100-A and device 100-B), and wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: receive the first audio data corresponding to the first video data from the first device via the wireless communication circuit (page 8; Fig. 7 – receiving first audio data from device 100-A); and receive second audio data corresponding to the first video data from the second device via the wireless communication circuit (page 8; Fig. 7 – receiving second audio data from device 100-B).
Hitoshi, Mathur, and Hansen do not disclose the first device and a second device as a first ear bud and a second ear bud.
McLaughlin discloses a first ear bud comprising a first microphone and a second ear bud comprising a second microphone ([0041]; Fig. 4).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of McLaughlin into the external electronic device taught by Hitoshi, Mathur, and Hansen because ear buds with microphones were known to have been advantageous in providing clearer audio capture and better voice quality in calls or recordings especially in noisy environments.
Regarding claim 3, Hitoshi in view of Mathur, Hansen, and McLaughlin also disclose the electronic device of claim 2, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to: correct each of the first audio data and the second audio data to generate the corrected first audio data and corrected second audio data (page 9 – correcting each of the first audio data and the second audio data), based on the first reference audio data (page 7 – based on the reference audio data when the start position of the audio data, for each of the first audio data and the second audio data, is detected); and create the moving image file, based on the first video data, the corrected first audio data, and the corrected second audio data (page 8 – creating stereo audio moving image data).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hitoshi, Mathur, and Hansen as applied to claims 1, 4-10, and 12-20 above, and further in view of Harwell et al. (US 2012/0192239 A1 – hereinafter Harwell).
Regarding claim 11, see the teachings of Hitoshi, Mathur, and Hansen as discussed in claim 10 above. However, Hitoshi, Mathur, and Hansen do not disclose the electronic device comprising: a display operatively coupled to the at least one processor, wherein the instructions, when executed by the at least one processor individually or collectively, cause the electronic device to display, on the display, a User Interface (UI) indicating whether audio data included in a moving image picture is obtained from the external electronic device or obtained via the microphone.
Harwell discloses an electronic device comprising: a display operatively coupled to at least one processor, wherein instructions, when executed by at least one processor individually or collectively, cause the electronic device to display, on the display, a User Interface (UI) indicating whether audio data included in a moving image picture is obtained from an external electronic device or obtained via a built-in microphone (Fig. 3; Fig. 5; [0104]).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Harwell into the electronic device taught by Hitoshi, Mathur, and Hansen to provide the user with options to select the audio sources, thus enhancing the user interface of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q DANG whose telephone number is (571)270-1116. The examiner can normally be reached IFT.
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/HUNG Q DANG/Primary Examiner, Art Unit 2484