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 .
Applicant’s Submission of a Response
Applicant’s submission of a response was received on 02/20/2026. Presently, claims 1 and 18-36 are pending.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 18-25, and 27-36 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication No. 2019/0246229 to Wardle in view of US Patent Application Publication No. 2012/0093320 to Flaks.
With regard to claim 1, Wardle discloses a computer-implemented method comprising: outputting a calibration signal with loudspeakers during use of a video gaming system, the calibration signal comprising an audio signal (0017); receiving the calibration signal with a microphone of a user device (0017; 0031); determining a location of the user device relative to the loudspeakers based on the received calibration signal (0017; 0031); applying an offset to the determined location of the user device to generate an estimate location of a user (0023-0024); adjusting in-game audio output base don the estimated location of the user (0023-0024).
Wardle does not explicitly use the word “ears.” However, Wardle does explicitly discuss tracking where the user’s head is (0023-0024). Based on knowing where the user’s head is would also determine where a user’s ears are. That being said, Flaks explicitly discusses estimating where a user’s ears are based on the user’s head (0068).
With regard to claim 18, Wardle discloses wherein outputting the calibration signal with loudspeakers during use of the video game system comprises outputting the calibration signal with a first loudspeaker and a second loudspeaker, wherein the first loudspeaker is positioned at a first location and the second loudspeaker is positioned at a second, different location (fig. 1; 0003; 0016-0017; 0020-0022).
With regard to claim 19, Wardle discloses wherein receiving the calibration signal with the microphone of the user device comprises receiving the calibration signal with the microphone of a controller used to interact with the video gaming system (0030).
With regard to claim 20, Wardle discloses wherein determining the location of the user device relative to the loudspeakers based on the received calibration signal comprises determining the location of the user device relative the first loudspeaker and the second loudspeaker based on the received calibration signal (0020-0024).
With regard to claim 21¸Wardle discloses wherein outputting the calibration signal with loudspeakers during use of the video game system comprises outputting a first calibration signal with the first loudspeaker and a second calibration signal with the second loudspeaker (fig. 1; 0003; 0016-0017; 0020-0022).
With regard to claim 22¸Wardle discloses wherein determining the location of the user device relative to the loudspeakers based on the received calibration signal comprises: determining a first time of flight from a first loudspeaker to the user device; and determining a second time of flight from a second loudspeaker to the user device (0017-0022; 0031).
With regard to claim 23¸Wardle discloses wherein the calibration signal comprises an ultrasound signal (0017). With regard to claim 24, the combination of Wardle and Flaks teaches wherein applying an offset to the determined location of the user device to generate an estimated location of a user's ears comprises: determining, by a calibration routine, a distance between the microphone of the user device and a location of the user's ears; and estimating the location of the user's ears based on the determined distance (Wardle at 0023-0024; Flaks at 0068).
With regard to claim 25, the combination of Wardle and Flaks teaches wherein applying an offset to the determined location of the user device to generate an estimated location of a user's ears comprises: capturing image data of the user interacting with the user device during gameplay with the video gaming system; determining a location of the user device during the gameplay using the captured image data; and determining the offset between the microphone of the user device and the location of the user's ears (Wardle at 0023; Flaks at fig. 6; 0067-0068; 0073).
Claims 27-36 and mirrored claims to claims 1 and 18-25 and are rejected in like manner.
It would have been obvious to one of ordinary skill in the art at the time of filing to combine the teachings of Flaks with the disclosure of Wardle in order to understand better where the ears of the user would be located and thus provide a high-precision 3-Dimensional sound to the user (See Flaks title).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Wardle in view of Flaks as applied to claim 1 above, and further in view of US Patent Application Publication No. 2012/0237037 to Ninan.
With regard to claim 26, Wardle does not appear to be explicitly clear about outputting continuously or periodically. However, the combination of Wardle and Ninan teaches selecting multiple portions of gameplay audio during gameplay for use as the calibration signal, wherein each portion of the multiple portions of the gameplay audio comprises different frequencies; and outputting the calibration signal continuously or periodically during the gameplay (Wardle at 0017; 0030; Ninan at 0079).
It would have been obvious to one of ordinary skill in the art at the time of filing to combine the teachings of Ninan with the disclosure of Wardle such that a player that might move around will have sound adjusted to be optimal for the player.
Response to Arguments
Applicant has provided no substantive arguments regarding the previous rejection. Rather only stating that the claims have been amended and the present amendments were not previously examined (Arguments, page 7).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jay Liddle whose telephone number is (571)270-1226. The examiner can normally be reached M-F 9-5.
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/Jay Trent Liddle/Primary Examiner, Art Unit 3715