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 Objections
Claim 16 is objected to because of the following informalities:
Claim 16, Line 5: Change “the listening device” to – of the listening device --.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
3. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
4. Claims 16 and 19 are rejected under 35 U.S.C. § 102 (a1)(a2) as being anticipated by U.S. Pat. No. 2021/0249758 to Van Erven.
In Reference to Claim 16
Van Erven discloses an apparatus comprising:
at least one computer storage that is not a transitory signal and that comprises instructions executable by at least one processor assembly to ([0084] "Examples of
such components include receivers, transmitters, processors 112 a, memory, amplifiers, switches, and/or filters"; [0121] "In these examples, the transceiver 364 may comprise one or more network processors that execute instructions stored in a memory (e.g., a memory within the transceiver 364 such as an internal read-only memory (ROM) or an internal read-write memory) that causes the transceiver 364 to perform various operations."):
receive first signals from a first wireless receiver (247, 244a, para [0084] "In some embodiments, the communication circuitry 247 may comprise any of a variety of electronic components that enable transmission and/or receipt of wireless signals via antennas 244a and 244b. Examples of such components include receivers, transmitters, processors 112a, memory, amplifiers, switches, and/or filters. In some embodiments, the communication circuitry 247 may employ diversity combining techniques to intelligently combine and/or switch between the signals received from the antennas 244a and 244 b") on a listening device (240a, 114a, FIG.2a, [0081] "Each of the earpieces 240a and 240b may house any portion of the electronic components in the headphone device 200 (e.g., transducers 114a and 114b, amplifiers, filters, processors 212a and 212 memory, receivers, transmitters, switches, etc.).");
receive second signals from a second wireless receiver on the listening device (244b, FIG. 2A, [0106] "To connect the second antenna 244b In the second earpiece 240b with the communication circuitry 247 in the first earpiece 240a, the headband includes a cable
assembly 248 that connects circuitry (Including but not limited to the second antenna 244b, the second transducer 114b, and/or perhaps other circuitry (not shown)) disposed within the second earpiece 240b to circuitry (including but not limited to one or more of the switching
circuitry 246, communication circuitry 247, processor 112a, and/or perhaps other circuitry (not shown)) disposed within the second earpiece 240b). To connect the second antenna 244b in the second earpiece 240b with the communication circuitry 247 in the first earpiece 240a, the headband includes a cable assembly 248 that connects circuitry (including but not limited to the second antenna 244b, the second transducer 114b, and/or perhaps other circuitry (not shown)) disposed within the second earpiece 240b to circuitry (including but not limited to one or more of the switching circuitry 246, communication circuitry 247, processor 112a, and/or perhaps other
circuitry (not shown)) disposed within the second earpiece 240b). The cable assembly 248 may be constructed as, for example, a set of one or more cables that couple (e.g., electrically couple) one or more components at least partially housed by the first earpiece 240a with
one or more components at least partially housed by the second earpiece 240b. In the context of the antenna switching schemes disclosed and described herein, the cable assembly 248 connects the second antenna 244b in the second earpiece 240b with the switching circuitry 246 in the first earpiece 240a so that the switching circuitry 246 can selectively connect one of the first antenna 244a or the second antenna 244b to the communication circuitry 247 according to any of the antenna switching protocols disclosed herein.");
mix the first and second signals to generate a mixed audio signal; and provide the mixed audio to first and second speakers of the listening device (112a, combine signals, Fig. 2a, [0084] "In some embodiments, the communication circuitry 247 may employ diversity combining techniques to intelligently combine and/or switch between the signals received from the antennas 244a and 244b. Such diversity combining/switching techniques may advantageously improve the quality of the received signal provided to the receiver to reduce the likelihood of dropouts. ").
In Reference to Claim 19
Van Erven discloses wherein the device and the at least one processor are on the listening device FIG.2a, [0081] "Each of the earpieces 240 a and 240 b may house any portion of the electronic components in the headphone device 200 (e.g., transducers 114a and 114b, amplifiers, filters, processors 212 a and 212 b, memory, receivers, transmitters, switches, etc.).").
Claim Rejections - 35 USC § 103
5. 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 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.
6. 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.
7. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
8. Claims 1-6, 8, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Van Erven.
In Reference to Claim 1
Van Erven discloses a head-wearable listening device (200, FIG.2A, [0081], FIG. 2A shows some aspects of an example headphone device 200 according to some embodiments. The
Headphone device 200 may be implemented as a wearable device such as over-ear headphones, in-ear headphones, in-ear headphones, or on-ear headphones.”), comprising:
a left {right} speaker assembly configured to engage a left ear (240a/b, 114a/b, Fig. 2a [0081], ”Each of the earpieces 240a and 240b may house any portion of the electronic components in the headphone device 200 (e.g., transducers 114a and 114b, amplifiers, filters, processors 212a and 212b, memory, receivers, transmitters, switches etc.).”;
a first wireless receiver (247, 244a, [0084]] “In some embodiments, the communication circuitry 247 may comprise anu of a variety of electronic components that enable transmission and/or receipt of wireless signals via antennas 244a and 244b. Examples of such components include receivers, transmitters, processors 212a memory, amplifiers, switches, and/or switch between the signals received from antennas 244a and 244b”);
a second wireless receiver ([0106] “To connect the second antenna 244b in the second earpiece 240b with the communication circuitry 247 in the first earpiece 240a, the headband includes a cable assembly 248 that connects circuitry (including but not limited to the second antenna 244b, the second transducer 114b, and/or perhaps other circuitry (not shown)) disposed within the second earpiece 240b to circuitry (including but not limited to one or more of the switching circuitry 246, communication circuitry 247, processor 112a, and/or
perhaps other circuitry (not shown)) disposed within the second earpiece 240b). "); and
a processor assembly to mix output of the first and second wireless receivers and provide audio signals representing mixed output of the first and second wireless receivers to the speaker assemblies for transducing the audio signals representing mixed output of the first and
second wireless receivers (112a, combine signals, Fig. 2a, [0084] "In some embodiments, the communication circuitry 247 may employ diversity combining techniques to intelligently combine and/or switch between the signals received from the antennas 244a and 244b. Such diversity combining/switching techniques may advantageously improve the quality of the received signal provided to the receiver to reduce the likelihood of dropouts.
However, Van Erven does not disclose in the above embodiment: The first wireless receiver: configured to operate at a first frequency and/or first protocol and the second wireless receiver: configured to operate at a second {different} frequency and/or second {different} protocol.
Yet, Van Erven in a different embodiment discloses these elements wherein: (different communication protocols, [0085] "In some embodiments, the antennas 244a and 244b are multi-band antennas configured to operate on several frequency bands (e.g., the 2.4 GHz band and the 5 GHz band), such as a dual-band inverted-F antenna (IFA)."; [0086] "It should be appreciated that the headphone device 200 may employ any number of antennas and is not limited to implementations with only two antennas. For example, the headphone device 200
may comprise two antennas for communication over WI-FI and a third antenna for communication over BLUETOOTH. Additionally (or alternatively), the headphone device 200 may comprise an additional antenna to enable near-field communication (NFC).").
The Supreme Court in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way; and
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
Here, it would have been obvious to a person of ordinary skill in the art to have included the method of operating the multiple receivers in multiple bands as per the other embodiment of Van Erven since it allows for switching to which antenna receiving a stronger signal at a given
time ([0087]). The Courts have held that combining prior art elements according to known methods to yield predictable results to be indicia of obviousness.
In Reference to Claim 2
Van Erven discloses wherein the first wireless receiver is configured to operate at a first frequency (212a to 466a operating in 5GHz band, FIG.4B, [0130] "By incorporating additional splitters into the communication system as shown in FIG. 4B, a single wide-band splitter may be replaced with multiple narrow-band splitters each configured to combine and split signals in
different frequency bands (e.g., non-overlapping frequency bands). For example, the splitter 466 a may be a narrow-band splitter configured to combine and split signals in a 5 GHz frequency band and the splitter 466b may be a narrow-band splitter configured to combine and split signals in a 2.4 GHz frequency band.") and the second wireless receiver is configured to operate at a second frequency (212b to 466b, FIG.4B, [0130] "By incorporating additional splitters into the communication system as shown in FIG. 4B, a single wide-band splitter may be replaced with multiple narrow-band splitters each configured to combine and split signals in different frequency bands (e.g., non-overlapping frequency bands). For example, the splitter 466 a may be a narrow-band splitter configured to combine and split signals in a 5 GHz frequency band and the splitter 466b may be a narrow-band splitter configured to combine and split signals in a 2.4 GHz frequency band.").
Here, it would have been obvious to a person of ordinary skill in the art to have included the method of using different frequency bands for the two antennas/speakers as per the other embodiment of Van Erven since it allows for combining any required signals as required for the
performance ([0139]).
In Reference to Claim 3
Van Erven discloses wherein the first wireless receiver is configured to operate using a first protocol and the second wireless receiver is configured to operate using a second protocol ([0085] "In some embodiments, the antennas 244a and 244b are multi-band antennas configured to operate on several frequency bands (e.g., the 2.4 GHz band and the 5 GHz band), such as a dual-band inverted-F antenna (IFA)."; [0086] "It should be appreciated that the headphone device 200 may employ any number of antennas and is not limited to implementations with only two antennas. For example, the headphone device 200 may comprise two antennas for communication over Wi-Fi and a third antenna for communication over BLUETOOTH. Additionally (or alternatively), the headphone device 200 may comprise an additional antenna to enable near-field communication (NFC),").
In Reference to Claim 4
Van Erven discloses wherein the first protocol comprises Bluetooth ([0085] "In some embodiments, the antennas 244a and 244b are multi-band antennas configured to operate on several frequency bands (e.g., the 2.4 GHz band and the 5 GHz band), such as a dual-band inverted-F antenna (IFA)."; [0086] "It should be appreciated that the headphone device 200 may employ any number of antennas and is not limited to implementations with only two antennas. For example, the headphone device 200 may comprise two antennas for communication over WI-FI and a third antenna for communication over BLUETOOTH. Additionally (or alternatively), the headphone device 200 may comprise an additional antenna to enable near-field communication (NFC).").
In Reference to Claim 5
Van Erven discloses wherein the device comprises left and right ear buds ([0081] "FIG.
2A-shows some aspects of an example headphone device 200 according to some embodiments. The headphone device 200 may be implemented as a wearable device
such as over-ear headphones, in-ear headphones, or on-ear headphones. As shown, the headphone device 200 includes a headband 242 that couples a first earpiece 240a to a second earpiece 240b. "; [0083] "As shown in FIG. 2A, the headphone device 200 may further
include ear cushions 245a and 245b that are coupled to earpieces 240 a and 240 b, respectively. The ear cushions 245a and 245b may provide a soft barrier between the head of a user and the earpieces 240a and 240b, respectively, to improve user comfort and/or provide
acoustic Isolation from the surrounding environment (e.g., passive noise reduction (PNR)).").
In Reference to Claim 6
Van Erven discloses wherein the device comprises left and right ear pads and is configured as a headphone ([0081] "FIG. 2A shows some aspects of an example headphone device 200 according to some embodiments. The headphone device 200 may be implemented as a wearable device such as over-ear headphones, in-ear headphones, or on-ear headphones, As shown, the headphone device 200 includes a headband 242 that couples a first earpiece 240a to a second earpiece 240b."; [0083] "As shown in FIG. 2A, the headphone device 200 may further include ear cushions 245a and 245b that are coupled to earpieces 240a and 240b, respectively. The ear cushions 245a and 245b may provide a soft barrier between the head of a user and the earpieces 240a and 240b, respectively, to improve user comfort and/or provide acoustic isolation from the surrounding environment (e.g., passive noise reduction (PNR)).").
In Reference to Claim 8
Van Erven discloses wherein the processor assembly is configured to:
establish a mlx output of the first and second wireless receivers according to a mix established by a user of the device (combine signals according to various combining, Fig. 2a, [0084] "In some embodiments, the communication circuitry 247 may employ diversity combining techniques to intelligently combine and/or switch between the signals received from the antennas 244a and 244b. Such diversity combining/switching techniques may advantageously
improve the quality of the received signal provided to the receiver to reduce the likelihood of dropouts Examples of such combining/switching techniques to avoid dropouts include equal-gain combining (e.g., received signals are summed), maximum-ratio combining (e.g., received signals are weighted based on signal strength and then summed), switched combining (e.g., received signals from one antenna are used until the signal strength drops below a threshold), and selection combining (e.g., the received signal(s) with the highest signal strength are used).").
In Reference to Claim 17
Van Erven discloses in a different embodiment discloses wherein the first wireless receiver is configured to operate at a first frequency (212a to 466a operating In 5GHz band, FIG.4B, [0130] "By incorporating additional splitters into the communication system as shown in
FIG. 4B, a single wide-band splitter may be replaced with multiple narrow-band splitters each configured to combine and split signals in different frequency bands (e.g., non-overlapping frequency bands). For example, the splitter 466 a may be a narrow-band splitter configured to combine and split signals in a 5 GHz frequency band and the splitter 466b may be a narrow-band splitter configured to combine and split signals in a 2.4 GHz frequency band.") and
the second wireless receiver is configured to operate at a second frequency (212b to 466b, FIG.4B, para [0130] "By incorporating additional splitters into the communication system as shown in FIG. 4B, a single wide-band splitter may be replaced with multiple narrow-band splitters each configured to combine and split signals in different frequency bands (e.g., non-overlapping frequency bands). For example, the splitter 466a may be a narrow-band splitter configured to combine and split signals in a 5 GHz frequency band and the splitter 466b may be a narrow-band splitter configured to combine and split signals in a 2.4 GHz frequency band.").
It would have been obvious to a person of ordinary skill in the art to have included the method of using different frequency bands for the two antennas/speakers as per the other embodiment of Van Erven since it allows for combining any required signals as required for the
performance ([0139]).
In Reference to Claim 18
Van Erven discloses in a different embodiment wherein the first wireless receiver is configured to operate using a first protocol and the second wireless receiver is configured to operate using a second protocol (different communication protocols, [0085] "In some embodiments, the antennas 244a and 244b are multi-band antennas configured to operate on several frequency bands (e.g., the 2.4 GHz band and the 5 GHz band), such as a dual-band
inverted-F antenna (IFA)."; [0086] "It should be appreciated that the headphone device 200 may employ any number of antennas and is not limited to implementations with only two antennas. For example, the headphone device 200 may comprise two antennas for communication over Wi-Fi and a third antenna for communication over BLUETOOTH. Additionally (or alternatively), the headphone device 200 may comprise an additional antenna to enable near-field communication (NFC).").
It would have been obvious to a person of ordinary skill in the art to have included the method of operating the multiple receivers in multiple bands as per the other embodiment of Sonos since it allows for switching to which antenna receiving a stronger signal at a given
time ([0087]).
In Reference to Claim 20
Van Erven discloses a method comprising:
receiving, using a listening device, first wireless signals from a first source of audio (247, 244a, [0084] "In some embodiments, the communication circuitry 247 may comprise any of a variety of electronic components that enable transmission and/or receipt of wireless signals via antennas 244a and 244b. Examples of such components include receivers, transmitters, processors 112a, memory, amplifiers, switches, and/or filters. In some embodiments, the communication circuitry 247 may employ diversity combining techniques to intelligently combine and/or switch between the signals received from the antennas 244a and 244b");
receiving, using the listening device, second wireless signals ([0106] "To connect the second antenna 244b in the second earpiece 240b with the communication circuitry 247 in the first earpiece 240a, the headband Includes a cable assembly 248 that connects circuitry
(including but not limited to the second antenna 244b, the second transducer 114b, and/or perhaps other circuitry (not shown)) disposed within the second earpiece 240b to circuitry (including but not limited to one or more of the switching circuitry 246, communication circuitry
247, processor 112a, and/or perhaps other circuitry (not shown)) disposed within the second earpiece 240b). ");
mixing outputs representing he first and second wireless signals to render a mix; and playing the mix on plural speakers of the listening device (112a, combine signals, Fig. 2a, [0084] "In some embodiments, the communication circuitry 247 may employ diversity combining techniques to intelligently combine and/or switch between the signals received from the antennas 244a and 244b. Such diversity combining/switching techniques may advantageously improve the quality of the received signal provided to the receiver to reduce the likelihood of dropouts. "; FIG.2a, [0081] "Each of the earpieces 240a and 240b may house any portion of the electronic components in the headphone device 200 (e.g., transducers 114a and 114b, amplifiers, filters, processors 212a and 212b, memory, receivers, transmitters, switches, etc.).).
However Van Erven does not disclose in the above embodiment receiving the second wireless signals from a second source of audio. Yet, in a different embodiment Van Erven discloses these elements wherein the second wireless signals from a second source of audio ([0088] "By way of example, a user may be listening to the headphone device 200 over a Wi-Fi connection in a house via a wireless router and/or wireless modem (sometimes referred to herein generally as wireless access point). In this example, the user may initially be in a position where the first antenna 244a receives a stronger Wi-Fi source signal from the wireless access point than the second antenna 244b. While walking around the house wearing the headphones, the strength of signal in each of the antennas 244a and 244b will vary greatly based on, for example: (1) the user's location with respect to the wireless access point, (2) positioning of the user's head relative to the wireless access point, and/or (3) other items and/or structures in the location that tend to absorb and/or reflect RF signals.").
It would have been obvious to a person of ordinary skill in the art to have included the method of using the second wireless signals from a difference source as per the other embodiment of Van Erven since it allows for audio reproduction as required by user or based on the signal strength of the signal ([0088]-0092]).
9. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Van Erven in view of U.S. Pat. Pub. No. 2005/0053252 to Cohen.
Van Erven discloses the invention substantially as claimed further wherein the processor assembly is configured to:
establish a mix output of the first and second wireless receivers (112a, combine signals, Fig. 2a, [0084] "In some embodiments, the communication circuitry 247 may employ diversity
combining techniques to intelligently combine and/or switch between the signals received from the antennas 244a and 244b. Such diversity combining/switching techniques may advantageously improve the quality of the received signal provided to the receiver to reduce
the likelihood of dropouts. "). However, the reference does not explicitly disclose mixing according to a manufacturer-defined mix. One of skill in the art would be aware of the teachings of Cohen.
Cohen discloses sound transmission pads (abstract) and further discloses mixing according to a manufacturer-defined mix ([0385] "The Equalizer (EQ) function allows the user to filter the mixed audio signal before it is outputted by the speakers. This function can be independently applied to the audio signals sent to each of the Head, Spine, and External speakers and the seat driver."; [0392]-[0393] "Virtual Surround Sound or VSS is the virtual creation of surround sound using the audio data supplied to the head speakers. One can access this function by pressing the VSS button in one of the Head Speaker Control Screens. The user can turn the VSS function on or off by pressing the Virtual Surround Sound status button (it will be labeled "ON" or "OFF" depending on whether this function is turned "ON" or "OFF", respectively). One may press this button to change the status. The user should use the factory default settings in the Mixer when in 5.1 Mode for VSS to function best, but the user should not hesitate to experiment because the user can always press the RD button and restore the default settings.").
Here, it would have been obvious to a person of ordinary skill in the art to have included the method of mixing the 2 audio signals as per the factory/manufacturer settings as per Cohen for the system of Van Erven since it allows for providing best function of the system under certain output conditions for various spatial characteristics of the sound (Cohen, [0394]-[0396]).
10. Claims 9-15 is rejected under 35 U.S.C. 103 as being unpatentable over Van Erven in view of U.S. Pat. Pub. No. 2023/0060642 to Mahlmeister.
In Reference to Claim 9
Van Erven discloses the invention substantially as claimed. However, the reference does not explicitly disclose wherein the processor assembly is configured to establish a mix output of the first and second wireless receivers according to an application programming interface (API).
Mahlmeister discloses a gaming system with a headset (abstract, [0139]) and further discloses wherein the processor assembly is configured to establish a mix output of the first and second wireless receivers ([0043] "One or more aspects of the subject disclosure include receiving a plurality of audio streams from a gaming system and providing, on a display
device of a gamer, a graphical user Interface including an audio mix panel configured to receive audio adjustments for each audio stream of the plurality of audio streams, the audio mix panel including a plurality of selectable views for user interaction by the gamer to modify
audio processing of each audio stream of the plurality of audio streams, the plurality of selectable views including a parametric equalizer and an audio render effects for each audio stream of the plurality of audio streams. "), according to an application programming interface (API) (para [0112] "Contemporaneous to the embodiments described above, the AMS
application can monitor in step 750 for game action results supplied by the gaming application via API messages previously described. For instance, suppose the stimulation sent to the gaming application in step 738 is a command to shoot a pistol. The gaming application can
determine that the shot fired resulted in a miss of a target or a hit. The gaming application can respond with a message which is submitted by way of the API to the AMS application that indicates the shot fired resulted in a miss or a hit.").
Here, it would have been obvious to a person of ordinary skill In the art to have included the method of establishing the mix as per an API as per Mahlmeister for the device of Van Ervan since it allows for efficiently controlling the mixing as required for the game action
(See Mahlmeister [0112], [0135]).
In Reference to Claim 10
Mahlmeister also wherein the processor assembly is configured to establish a mix output of the first and second wireless receivers according to a machine learning (ML) model. Mahlmeister teaches a gaming system with a headset (abstract, [0139]) and further to establish a mix output of the first and second wireless receivers ([0135] "The computing device 206 operates according to an operating system (OS) for controlling various functions of the computing device 206 including input of data and other information and output of data or other information. The audio processing system 7600 further cooperates with the OS of the computing device to control audio processing, including mixing and equalization of audio streams associated with the computing device 206."), according to a machine learning (ML) model ([0150] "The neural network effects service 7622 provides audio processing of the user audio stream from the chat audio input stream 7604. In some embodiments, the neural network effects service 7624 implements an artificial intelligence routine for customizing one or more audio streams such as the audio stream from the chat audio sources 7620.").
It would have been obvious to a person of ordinary skill in the art to have included the method of establishing the mix as per a ML model as per Mahlmeister for the system of Van Ervan since it allows for customizing the audio streams as required (See Mahlmeister [0150]).
In Reference to Claim 11
Mahlmeister also discloses a gaming system with a headset (abstract, [0139]) and further discloses wherein the processor assembly is configured to establish a mix output of the first and second wireless receivers ([0135] "The computing device 206 operates according to an operating system (OS) for controlling various functions of the computing device 206 including input of data and other information and output of data or other information. The audio processing system 7600 further cooperates with the OS of the computing device to control audio processing, including mixing and equalization of audio streams associated with the
computing device 206."), according to information from a computer simulation providing wireless signals to the first receiver (para [0137] "The game audio input channel 7602 operates under control of the GUI 7610 to select one or more audio streams from game audio source 7614 and to control audio processing of the selected audio streams in the game audio processing module 7618. Further, the game audio input channel 7602 operates under control of the GUI 7610 to'route processed audio of the game audio input channel 7602 to an output device 7608. The
game audio input channel 7602 includes a game audio input source 7614, a gaming virtual audio device 7616, and an audio processing module 7618. Other embodiments may include other or alternative features or functions The audio from the gaming system may include
game sounds associated with video displayed on a video display device of the computing device 206. In the case of a war simulation game, for example, the game audio input stream 7602 may include sounds of gun shots, footsteps of teammates or opponents, explosions, vehicle noises, and others.").
It would have been obvious to a person of ordinary skill in the art to have included the method of using the audio information from the computer simulation to provide the audio mixing data as per Mahlmeister for the system of Van Ervan since it allows efficiently controlling the
mixing as required for the game action (See Mahlmeister [0112], [0135], [0137]).
In Reference to Claims 12-15
Examiner deems the limitations referring to a “game” scenario, state, pixel data and audio data to be non-functional descriptive as whether or not the source is a game does not result in any differences or manner of operation of the claimed invention.
Nonetheless, Mahlmeister discloses wherein the information from the computer simulation comprises at least one computer game scenario (gaming system on the computing device, [0137] "The audio from the gaming system may include game sounds associated with
video displayed on a video display device of the computing device 206. In the case of a war simulation game, for example, the game audio input stream 7602 may include sounds of gun shots, footsteps of teammates or opponents, explosions, vehicle noises, and others."). Mahlmeister teaches of a at least one computer game state wherein footsteps of teammates, [0137] "The audio from the gaming system may include game sounds associated with video displayed on a video display device of the computing device 206. In the case of a war simulation game, for example, the game audio input stream 7602 may include sounds of gun shots, footsteps of teammates or opponents, explosions, vehicle noises, and others.".
Mahlmeister teaches of wherein the information from the computer simulation comprises at least one computer game pixel data (video information, [0122] "Aspects of sharing the representation of the gameplay may be controlled via one or more control parameters."; [0127] "The notice referred to early can take several forms, in accordance with embodiments of the disclosure. The AMS application can send a text message such as "Player A taking fire" or "Bomb detonated at Player A." In an embodiment, this message can be shown on the display of the player station, superimposed on the gaming video being presented; in another embodiment, the message can be sent to a different player device.").
Lastly, Mahlmeister teaches of at least one computer game audio data (para [0137] "The game audio input channel 7602 operates under control of the GUI 7610 to select one or more audio streams from game audio source 7614 and to control audio processing of the selected audio streams in the game audio processing module 7618. Further, the game audio input channel 7602 operates under control of the GUI 7610 to route processed audio of the game audio input channel 7602 to an output device 7608. The game audio input channel 7602 includes a game audio input source 7614, a gaming virtual audio device 7616, and an audio processing module 7618. Other embodiments may include other or alternative features or functions. The audio from the gaming system may include game sounds associated with video displayed on a video display device of the computing device 206. In the case of a war simulation game, for example, the game audio input stream 7602 may include sounds of gun shots,
footsteps of teammates or opponents, explosions, vehicle noises, and others.").
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is in the Notice of References Cited.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul A. D’Agostino whose telephone number is (571) 270-1992.
13. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
14. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Lewis can be reached on (571) 272-7673. The fax phone number for the organization where this application or proceeding is assigned is 571-270-2992.
/PAUL A D'AGOSTINO/Primary Examiner, Art Unit 3715