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 .
Election/Restrictions
Upon additional review, the Requirement for Restriction/Election dated January 22, 2026 has been Withdrawn. Claims 1-50 are now eligible for examination here within.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 26-45, 48 and 50 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-35 of copending Application No. 18/615161 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are an obvious broader wording variant of the co-pending claim language as mapped in the table below.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Application 18/615148
Co-pending Application 18/615161
Claim 26
See Claim: 1-3
Claim 27
See Claim: 5
Claim 28
See Claim: 1,6
Claim 29
See Claim: 1,6,9
Claim 30
See Claim: 10
Claim 31
See Claim: 11
Claim 32
See Claim: 12
Claim 33
See Claim: 13
Claim 34
See Claim: 14
Claim 35
See Claim: 15
Claim 36
See Claim: 16
Claim 37
See Claim: 17
Claim 38
See Claim: 18
Claim 39
See Claim: 19
Claim 40
See Claim: 20
Claim 41
See Claim: 21
Claim 42
See Claim: 22
Claim 43
See Claim: 23
Claim 44
See Claim: 24
Claim 45
See Claim: 25-28
Claim 48
See Claim: 29
Claim 50
See Claim: 29, 35
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:
“base differential mode signal generator” as first appears in claims 6 and 26;
“common mode signal generator” as first appears in claims 6 and 26;
“differential mode signal generator” as first appears in claims 6 and 26;
“tweeter signal generator” as first appears in claims 6 and 26;
“spectral interlacing unit” as first appears in claims 8, 9, 28 and 29.
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 Objections
Claims 11-13, 16, 18-19, 31-33, 36 and 38-39 are objected to because of the following informalities:
Claims 11 and 31 disclose “a first low-pass” in lines 2 and 5. It appears that the term should read as “a first low-pass filter”.
Claims 11 and 31 disclose “a second high-pass or bandpass” in lines 3-4. It appears that the term should read as “a second high-pass or bandpass filter”.
Claims 11 and 31 disclose “the second high-pass” in line 6. It appears that the term should read as “a second high-pass filter”.
Claims 12 and 32 disclose “the third high-pass or bandpass” in line 4. It appears that the term should read as “the third high-pass or bandpass filter”.
Claims 13 and 33 disclose “the third bandpass” in lines 2 and 5. It appears that the term should read as “the third bandpass filter”.
Claims 13 and 33 disclose “a fourth high-pass or a fourth bandpass” in line 3. It appears that the term should read as “a fourth high-pass or a fourth bandpass filter”.
Claims 13 and 33 disclose “the fourth bandpass” in line 4. It appears that the term should read as “the fourth bandpass filter”.
Claims 16 and 36 disclose “a low-pass” in line 2. It appears that the term should read as “a low-pass filter”.
Claims 18-19 and 38-39 disclose “high-pass” in line 2. It appears that the term should read as “high-pass filter”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 3, 12-15 and 32-35 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 3 recites the limitation "the same" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claims 12 and 32 recite the limitation "the first way" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claims 13 and 33 are rejected under 35 USC 112(b) as dependent upon the rejected base claims 12 and 32, respectively
Claims 14 and 34 recite the limitation "the frequency filter" in line 1 of each claim. There is insufficient antecedent basis for this limitation in the claim. It is not clear what the term is referring to within the claim language. It appears that the claim 14 should be dependent upon claim 8 or 9, and claim 34 should be dependent upon claim 28 or 29. Due to the lack of clarity of the term “the frequency filter”, claims 14 and 34 have not been examined in regards to prior art.
Dependent claims 15 and 35 are also rejected under 35 USC 112(b) as dependent upon the rejected claims 14 and 34, respectively. These claims have also not been examined in regards to prior art due to the lack of clarity of the claim language.
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)(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) 1-5 and 47 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fadul et al (US 11223886 B1).
With respect to claim 1, Fadul discloses a loudspeaker system, comprising:
a tweeter (fig.1 #118);
two midrange speakers (fig.1 #116) or woofers that can be controlled separately and that each comprise a membrane of essentially equal size (col.7 ln.20-28; it is inherent that each speaker driver of the system #100 receives a controlling audio signal for output, thereby “controlled separately”); and
a loudspeaker system housing (fig.1 #102), wherein the tweeter and the two midrange speakers or woofers are arranged in the loudspeaker system housing, and the tweeter is arranged between the two midrange speakers or woofers (col.5 ln.11-30).
With respect to claim 2, Fadul discloses the loudspeaker system according to claim 1, provided as a loudspeaker module to be installed in an installation area, wherein the loudspeaker system housing comprises a flat shape, wherein a top side of the loudspeaker system housing comprises a length, a width, or a diameter that is at least twice as large as a height of the loudspeaker housing system (fig.1; mounting rail #103 is a flat shape that defines a top side of the loudspeaker system #100, wherein a length of the top side is twice that of a height of the system), and wherein the tweeter and the two midrange speakers or woofers each comprise a membrane that is deflectable essentially perpendicular to a top side of the loudspeaker system housing (As shown in figure 1, each speaker and tweeter is mounted in a perpendicular manner relative to top surface #103).
With respect to claim 3, Fadul discloses the loudspeaker system according to claim 1, configured as a flat cassette and comprising a circular (fig.1 #102; col.5 ln.11-30; “tubular housing #102”comprises a circular shape), polygonal, or oval-type shape, wherein the short diameter of the oval-type shape is between 8 cm and 12 cm, and wherein the long diameter of the oval-type shape or the single diameter of the circular shape is between 13 cm and 17 cm, wherein a membrane diameter of a midrange speaker or woofer is between 4 cm and 8 cm, wherein a membrane diameter of a tweeter is between 1.5 cm and 5 cm, and wherein the height of the loudspeaker system is between 3 cm and 10 cm, and wherein the loudspeaker system housing is configured to be closed, or wherein the same is configured as a loudspeaker module to be installed in a rear shelf or an instrument panel or a side panel or a roof panel in a vehicle (col.6 ln 8-13; mounting legs #114 provide a structure for mounting to a vehicle, such as a vehicle panel, via fasteners, such as screws, rivets, or pins).
With respect to claim 4, Fadul discloses the loudspeaker system according to claim 1, wherein the loudspeaker system housing comprises an cylindrical or cuboid-type shape that stands upright, wherein the two midrange speakers or woofers each comprise a membrane, wherein a first membrane of a first midrange speaker or woofer is arranged in parallel to a second membrane of a second midrange speaker or woofer and extending from bottom to top in the loudspeaker system housing, and is deflectable perpendicular to a membrane surface, and wherein a membrane of the tweeter is arranged between the first and the second membrane, and is essentially deflectable perpendicular to the first membrane and second membrane (As shown in figure 1, speakers #116 and tweeter #118 face a front direction of the system #100; wherein the tweeter membrane is between the membranes of the midrange speakers).
With respect to claim 5, Fadul discloses the loudspeaker system according to claim 4, wherein the loudspeaker system housing comprises a front direction that can be directed towards an area that is to be acoustically irradiated, wherein the first and the second membrane are arranged essentially in parallel to the front direction and are deflectable essentially perpendicular to the front direction, wherein a front side of the loudspeaker system housing is configured to be essentially perpendicular to the front direction, or comprises at least an area that is configured to be essentially perpendicular to the front direction (As shown in figure 1, speakers #116 and tweeter #118 face a front direction of the system #100 for radiating acoustic sound waves to an area of a vehicle).
With respect to claim 47, Fadul discloses a method for manufacturing a loudspeaker system, comprising: a tweeter (fig.1 #118); two midrange speakers (fig.1 #116) or woofers that can be controlled separately and that each comprise a membrane of essentially equal size (col.7 ln.20-28; it is inherent that each speaker driver of the system #100 receives a controlling audio signal for output, thereby “controlled separately”); and a loudspeaker system housing (fig.1 #102), the method comprising: arranging the tweeter and the two midrange speakers or woofers in the loudspeaker system housing so that the tweeter is arranged between the two midrange speakers or woofers (col.5 ln.11-30).
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.
Claim(s) 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fadul et al (US 11223886 B1) in view of Stickles et al (US 20030076964 A1).
With respect to claim 49, Fadul discloses the loudspeaker system according to claim 1; however does not disclose expressly a position in a the vehicle the loudspeaker system is located.
Stickles discloses a loudspeaker system (fig.1 #1) mounted at a center position of a vehicle (see fig.1).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to mount the loudspeaker of Fadul at a center position within the vehicle as performed by Stickles. The motivation for doing so would have been to provide an audio output system that is equidistant from seats within the vehicle.
The combination of Fadul and Stickles does not disclose expressly wherein a sound generator with a transducer is located at a left position and right position within the vehicle.
Official Notice is taken that it is well-known in the art to mount transducers at left and right locations in a vehicle, such as within left and right vehicle doors, or left and right portions of a dashboard. It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use left and right transducers in the vehicle of Fadul and Stickles. The motivation for doing so would have been to output left and right channel stereo audio signals respectively.
Claim(s) 6-7, 16-19, 22 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fadul et al (US 11223886 B1) in view of Easley et al (US 20180192229 A1) and in further view of McGrael et al (US 10952005 B1).
With respect to claim 6, Fadul discloses the loudspeaker system according to claim 1, however does not disclose expressly further comprising a control circuit.
Easley discloses a control circuit for a loudspeaker system with two midrange speakers or woofers, comprising:
a first input (fig.4A #402; “L”) for a first channel signal of a multi-channel audio signal (Par.[0040]);
a second input (fig.4A #404; “R”) for a second channel signal of a multi-channel audio signal (Par.[0040]);
a first output (fig.4A “Lo”) for a first control signal for a first midrange speaker or woofer;
a second output (fig.4A “Ro”) for a second control signal for a second midrange speaker or woofer (Par.[0040] middle range frequencies are output via “Lo” and “Ro” to stereo speakers commonly found in televisions, wireless speaker systems and sound bars; see Par.[0004]);
a base differential mode signal generator (fig.4A #406) for forming a base differential mode signal of the first channel signal at the first input and the second channel signal at the second input (Par.[0040] summing unit #406 generates the base differential signal #407);
a common mode signal generator (fig.4A #408) for generating a common mode signal from the first channel signal or the second channel signal for the first control signal and the second control signal (Par.[0040] summing unit #408 generates the common mode or sum signal #409);
a differential mode signal generator (fig.4A #410,412,414,416) for generating a first differential mode signal (fig.4A signal output from #416) and a second differential mode signal (fig.4A signal output from #414) from the base differential mode signal, wherein the first differential mode signal is phase-shifted with respect to the second differential mode signal (Par.[0041] first differential mode signal is phase shifted via delay unit #432 of the L-R Delay loop #412, relative to the second differential mode signal);
a mixer (fig.4A #418,420,428) for mixing the common mode signal with the first differential mode signal to acquire the first control signal, and for mixing the common mode signal with the second differential mode signal to acquire the second control signal (As shown in figure 4A, the common mode signal is mixed with the first and second differential mode signals to acquire the first and second control signals Lo,Ro).
Easley does not disclose expressly wherein the control circuit comprises a third output for a third control signal for a tweeter; or a tweeter signal generator for generating the third control signal from the first channel signal and the second channel signal.
McGrael disclose a control circuit (fig.5 #60) for a loudspeaker system comprising a third output for a third control signal for a tweeter (fig.5 #530); and a tweeter signal generator (fig.5 #520) for generating the third control signal from the first channel signal and the second channel signal (col.8 ln.17-54; col.10 ln.4-13; controller #60 may output a control signal in the form of a center channel signal from a first right channel and a second left channel to a tweeter).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use control circuit of Easley and McGrael to generate control signals for the loudspeaker system of Fadul. The motivation for doing so would have been to generate a driving audio signal for output via the mid-range and tweeter speakers.
With respect to claim 7, Fadul discloses the loudspeaker system according to claim 6, wherein the differential mode signal generator is configured to generate the first differential mode signal and the second differential mode signal with a phase shift that is between 1000 and 2600 wherein the first differential mode signal comprises a phase shift of between +450 and +135° with respect to the base differential mode signal, and wherein the second differential mode signal comprises a phase shift of -45° and -135° with respect to the base differential mode signal (Easley: Par.[0042-0043]).
With respect to claim 16, Fadul discloses the loudspeaker system according to claim 6, wherein the common mode signal generator comprises a low-pass (fig.1 #104: Cross-over Network comprises a Low-Band component thereby a low-pass filter).
With respect to claim 17, Fadul discloses the loudspeaker system according to claim 16, however does disclose expressly wherein a cutoff frequency of the low-pass filter is between 3 kHz and 5 kHz.
Official Notice is taken that it is well-known in the art to provide a cross-over with cutoff frequencies that correspond to the optimal operating range of an audio transducer. It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to set the cutoff frequency of the low-pass filter of Easley between 3 kHz and 5 kHz. The motivation for doing so would have been to match the operational limits or range of a loudspeaker connected to the control circuit.
With respect to claim 18, Fadul discloses the loudspeaker system according to claim 6, wherein the tweeter signal generator comprises a high-pass (see McGrael: col.6 ln.1-4 “passively crossed-over tweeter”).
With respect to claim 19, Fadul discloses the loudspeaker system according to claim 18, however does disclose expressly wherein a cutoff frequency of the high-pass is between 3 kHz and 5 kHz.
Official Notice is taken that it is well-known in the art to provide a cross-over with cutoff frequencies that correspond to the optimal operating range of an audio transducer. It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to set the cutoff frequency of the crossover of Easley and McGrael between 3 kHz and 5 kHz. The motivation for doing so would have been to match the operational limits or range of a loudspeaker connected to the control circuit.
With respect to claim 22, Fadul discloses the loudspeaker system according to claim 6, configured for a third reproduction position between a first reproduction position for the first channel signal and the second reproduction position for the second channel signal, wherein the common mode signal generator is configured to generate the common mode signal by using a combination of the first channel signal and the second channel signal (Easley: As shown in figure 4A, the common mode signal is mixed with the first and second differential mode signals to acquire the first and second control signals Lo,Ro), and wherein the tweeter signal generator is configured to identify the third control signal by using a combination of the first channel signal and the second channel signal (McGrael: col.8 ln.17-54; col.10 ln.4-13; controller #60 may output a control signal in the form of a center channel signal from a first right channel and a second left channel to a tweeter).
With respect to claim 25, Fadul discloses the loudspeaker system according to claim 6, wherein the base differential mode signal generator comprises: an inverter for inverting the first channel signal or the second channel signal; an adder for adding an inverted channel signal to another channel signal so as to acquire the base differential mode signal or a raw differential mode signal (Par.[0040] #406,408), or wherein the base differential mode signal generator is configured to calculate a difference from the first channel signal and the second channel signal or between the second channel signal and the first channel signal so as to acquire the base differential mode signal or a raw signal, or wherein the base differential mode signal generator is configured to combine the first channel signal and the second channel signal to the extent that there is a phase difference between 450 and 1350 between the first channel signal and the second channel signal, or wherein the base differential mode signal generator is configured for shifting a phase of the first channel signal and/or the second channel signal by a phase value of between 60° and 3000 and for adding or subtracting a result of the shifting of the phase so as to acquire the base differential mode signal.
Claim(s) 26-27, 36-39, 42, 45-46, 48 and 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Easley et al (US 20180192229 A1) in view of McGrael et al (US 10952005 B1).
With respect to claim 26, Easley discloses a control circuit for a loudspeaker system with two midrange speakers or woofers, comprising:
a first input (fig.4A #402; “L”) for a first channel signal of a multi-channel audio signal (Par.[0040]);
a second input (fig.4A #404; “R”) for a second channel signal of a multi-channel audio signal (Par.[0040]);
a first output (fig.4A “Lo”) for a first control signal for a first midrange speaker or woofer;
a second output (fig.4A “Ro”) for a second control signal for a second midrange speaker or woofer (Par.[0040] middle range frequencies are output via “Lo” and “Ro” to stereo speakers commonly found in televisions, wireless speaker systems and sound bars; see Par.[0004]);
a base differential mode signal generator (fig.4A #406) for forming a base differential mode signal of the first channel signal at the first input and the second channel signal at the second input (Par.[0040] summing unit #406 generates the base differential signal #407);
a common mode signal generator (fig.4A #408) for generating a common mode signal from the first channel signal or the second channel signal for the first control signal and the second control signal (Par.[0040] summing unit #408 generates the common mode or sum signal #409);
a differential mode signal generator (fig.4A #410,412,414,416) for generating a first differential mode signal (fig.4A signal output from #416) and a second differential mode signal (fig.4A signal output from #414) from the base differential mode signal, wherein the first differential mode signal is phase-shifted with respect to the second differential mode signal (Par.[0041] first differential mode signal is phase shifted via delay unit #432 of the L-R Delay loop #412, relative to the second differential mode signal);
a mixer (fig.4A #418,420,428) for mixing the common mode signal with the first differential mode signal to acquire the first control signal, and for mixing the common mode signal with the second differential mode signal to acquire the second control signal (As shown in figure 4A, the common mode signal is mixed with the first and second differential mode signals to acquire the first and second control signals Lo,Ro).
Easley does not disclose expressly wherein the control circuit comprises a third output for a third control signal for a tweeter; or a tweeter signal generator for generating the third control signal from the first channel signal and the second channel signal.
McGrael disclose a control circuit (fig.5 #60) for a loudspeaker system comprising a third output for a third control signal for a tweeter (fig.5 #530); and a tweeter signal generator (fig.5 #520) for generating the third control signal from the first channel signal and the second channel signal (col.8 ln.17-54; col.10 ln.4-13; controller #60 may output a control signal in the form of a center channel signal from a first right channel and a second left channel to a tweeter).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use the tweeter signal generator and third signal output of McGrael in the control circuit of Easley. The motivation for doing so would have been to generate an output channel for high-frequency audio drivers, such as tweeters.
With respect to claim 27, Easley discloses the control circuit according to claim 26, wherein the differential mode signal generator is configured to generate the first differential mode signal and the second differential mode signal with a phase shift that is between 1000 and 2600 wherein the first differential mode signal comprises a phase shift of between +45° and +1350 with respect to the base differential mode signal, and wherein the second differential mode signal comprises a phase shift of -45° and -135° with respect to the base differential mode signal (Par.[0042-0043]).
With respect to claim 36, Easley discloses the control circuit according to claim 26, wherein the common mode signal generator comprises a low-pass (fig.1 #104: Cross-over Network comprises a Low-Band component thereby a low-pass filter).
With respect to claim 37, Easley discloses the control circuit the control circuit according to claim 36, however does disclose expressly wherein a cutoff frequency of the low-pass filter is between 3 kHz and 5 kHz.
Official Notice is taken that it is well-known in the art to provide a cross-over with cutoff frequencies that correspond to the optimal operating range of an audio transducer. It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to set the cutoff frequency of the low-pass filter of Easley between 3 kHz and 5 kHz. The motivation for doing so would have been to match the operational limits or range of a loudspeaker connected to the control circuit.
With respect to claim 38, Easley discloses the control circuit according to claim 26, wherein the tweeter signal generator comprises a high-pass (see McGrael: col.6 ln.1-4 “passively crossed-over tweeter”).
With respect to claim 39, Easley discloses the control circuit according to claim 38, however does disclose expressly wherein a cutoff frequency of the high-pass is between 3 kHz and 5 kHz.
Official Notice is taken that it is well-known in the art to provide a cross-over with cutoff frequencies that correspond to the optimal operating range of an audio transducer. It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to set the cutoff frequency of the crossover of Easley and McGrael between 3 kHz and 5 kHz. The motivation for doing so would have been to match the operational limits or range of a loudspeaker connected to the control circuit.
With respect to claim 42, Easley discloses the control circuit according to claim 26, configured for a third reproduction position between a first reproduction position for the first channel signal and the second reproduction position for the second channel signal, wherein the common mode signal generator is configured to generate the common mode signal by using a combination of the first channel signal and the second channel signal (Easley: As shown in figure 4A, the common mode signal is mixed with the first and second differential mode signals to acquire the first and second control signals Lo,Ro), and wherein the tweeter signal generator is configured to identify the third control signal by using a combination of the first channel signal and the second channel signal (McGrael: col.8 ln.17-54; col.10 ln.4-13; controller #60 may output a control signal in the form of a center channel signal from a first right channel and a second left channel to a tweeter).
With respect to claim 45, Easley discloses the control circuit according to claim 26, wherein the base differential mode signal generator comprises: an inverter for inverting the first channel signal or the second channel signal; an adder for adding an inverted channel signal to another channel signal so as to acquire the base differential mode signal (Par.[0040] #406,408) or a raw differential mode signal, or wherein the base differential mode signal generator is configured to calculate a difference from the first channel signal and the second channel signal or between the second channel signal and the first channel signal so as to acquire the base differential mode signal or a raw signal, or wherein the base differential mode signal generator is configured to combine the first channel signal and the second channel signal to the extent that there is a phase difference between 450 and 1350 between the first channel signal and the second channel signal, or wherein the base differential mode signal generator is configured for shifting a phase of the first channel signal and/or the second channel signal by a phase value of between 600 and 3000 and for adding or subtracting a result of the shifting of the phase so as to acquire the base differential mode signal.
With respect to claim 46, Easley discloses the control circuit according to claim 26, configured in a mobile device and comprising an input interface (fig.1 #1) to acquire the first channel signal and the second channel signal, and comprising an output interface (fig.1 #2) to output the first control signal, the second control signal, and the third control signal in a wireless or wired manner (Par.[0017] “Blocks 102, 112, 114 and 126 are stereo input/output blocks inclusive. All connections between blocks should be regarded as stereo”).
With respect to claim 48, Easley discloses a method for generating control signals for a loudspeaker system with two midrange speakers or woofers, comprising:
receiving a first channel signal (fig.4A #402; “L”) of a multi-channel audio signal and a second channel signal (fig.4A #404; “R”) of the multi-channel audio signal (Par.[0040]);
outputting a first control signal (fig.4A “Lo”) for a first midrange speaker or woofer, a second control signal (fig.4A “Ro”)for a second midrange speaker or woofer (Par.[0040] middle range frequencies are output via “Lo” and “Ro” to stereo speakers commonly found in televisions, wireless speaker systems and sound bars; see Par.[0004]);
forming a base differential mode signal of the first channel signal at the first input and the second channel signal at the second input (Par.[0040] summing unit #406 generates the base differential signal #407);
generating a common mode signal from the first channel signal or the second channel signal for the first control signal and the second control signal (Par.[0040] summing unit #408 generates the common mode or sum signal #409);
generating a first differential mode signal and a second differential mode signal from the base differential mode signal, wherein the first differential mode signal is phase-shifted with respect to the second differential mode signal (Par.[0041] first differential mode signal is phase shifted via delay unit #432 of the L-R Delay loop #412, relative to the second differential mode signal);
mixing the common mode signal with the first differential mode signal to acquire the first control signal, and mixing the common mode signal with the second differential mode signal to acquire the second control signal (As shown in figure 4A, the common mode signal is mixed with the first and second differential mode signals to acquire the first and second control signals Lo,Ro).
Easley does not disclose expressly wherein the method comprises generating a third output for a third control signal for a tweeter; or a tweeter signal generator for generating the third control signal from the first channel signal and the second channel signal.
McGrael disclose a control circuit (fig.5 #60) for a loudspeaker system comprising a third output for a third control signal for a tweeter (fig.5 #530); and a tweeter signal generator (fig.5 #520) for generating the third control signal from the first channel signal and the second channel signal (col.8 ln.17-54; col.10 ln.4-13; controller #60 may output a control signal in the form of a center channel signal from a first right channel and a second left channel to a tweeter).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use the tweeter signal generator and third signal output of McGrael in the control circuit of Easley. The motivation for doing so would have been to generate an output channel for high-frequency audio drivers, such as tweeters.
With respect to claim 50, Easley discloses a non-transitory digital storage medium having a computer program stored thereon to perform a method for generating control signals for a loudspeaker system with two midrange speakers or woofers, comprising:
receiving a first channel signal (fig.4A #402; “L”) of a multi-channel audio signal and a second channel signal (fig.4A #404; “R”) of the multi-channel audio signal (Par.[0040]);
outputting a first control signal (fig.4A “Lo”) for a first midrange speaker or woofer, a second control signal (fig.4A “Ro”)for a second midrange speaker or woofer (Par.[0040] middle range frequencies are output via “Lo” and “Ro” to stereo speakers commonly found in televisions, wireless speaker systems and sound bars; see Par.[0004]);
forming a base differential mode signal of the first channel signal at the first input and the second channel signal at the second input (Par.[0040] summing unit #406 generates the base differential signal #407);
generating a common mode signal from the first channel signal or the second channel signal for the first control signal and the second control signal (Par.[0040] summing unit #408 generates the common mode or sum signal #409);
generating a first differential mode signal and a second differential mode signal from the base differential mode signal, wherein the first differential mode signal is phase-shifted with respect to the second differential mode signal (Par.[0041] first differential mode signal is phase shifted via delay unit #432 of the L-R Delay loop #412, relative to the second differential mode signal);
mixing the common mode signal with the first differential mode signal to acquire the first control signal, and mixing the common mode signal with the second differential mode signal to acquire the second control signal (As shown in figure 4A, the common mode signal is mixed with the first and second differential mode signals to acquire the first and second control signals Lo,Ro).
Easley does not disclose expressly wherein the method comprises generating a third output for a third control signal for a tweeter; or a tweeter signal generator for generating the third control signal from the first channel signal and the second channel signal.
McGrael disclose a control circuit (fig.5 #60) for a loudspeaker system comprising a third output for a third control signal for a tweeter (fig.5 #530); and a tweeter signal generator (fig.5 #520) for generating the third control signal from the first channel signal and the second channel signal (col.8 ln.17-54; col.10 ln.4-13; controller #60 may output a control signal in the form of a center channel signal from a first right channel and a second left channel to a tweeter).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use the tweeter signal generator and third signal output of McGrael in the control circuit of Easley. The motivation for doing so would have been to generate an output channel for high-frequency audio drivers, such as tweeters.
Allowable Subject Matter
Claims 8-11, 20-21 and 23-24 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.
Claims 12-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 28-31, 40-41 and 43-44 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, and upon filing a Terminal Disclaimer.
Claims 32-33 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims, and upon filing a Terminal Disclaimer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
North (US 9197963 B1) discloses a sound system processor for converting left and right channel signals from an audio source into composite left and right signals and employing at least one low and high pass filters, a plurality of sum processors, and at least one difference processor so as to create at least two or more composite signals for delivery to speaker drivers to generate a broad sound field from a compact multi-speaker sound system source (See Abstract).
Kallai et al (US 20130287228 A1) discloses techniques for optimizing a player based on the addition of a second player are disclosed. In an embodiment, when a first player no longer needs to play certain audio frequencies due to the addition of a second player, the gain of the first player is automatically increased as part of the setup process. In another embodiment, when a first player needs to play certain audio frequencies, for example due to the removal of a second player, the gain of the first player is automatically decreased (See Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at (571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/Primary Examiner, Art Unit 2695