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 .
Response to Amendment
The applicant’s amended claim(s) which relate to “obtained information includes information corresponding to an audio signal from another electronic device information corresponding to the audio signal including at least one of a content of the audio signal output from another electronic device and a volume level of the audio signal output from another electronic device” has been further considered and rejected over new ground of rejection.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/26 has been entered.
Allowable Subject Matter
Claim(s) 2, 4, 6-8, 10-11, 14 are allowed.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 13, 15 is/are rejected under 35 U.S.C. 102 a (1) as being anticipated by Gupta et al. (US 2020/0413147 A1).
Claim 1, Gupta et al. disclose of a method of adjusting a volume of an audio signal (fig.5 (570); par [37]), the method comprising: obtaining, from an external source, information related to adjustment of the volume of the audio signal which is output from an electronic device (fig.2 (120); par [37]/instruction to adjust volume may be given from external source); determining, based on the obtained information, whether to adjust the volume of the audio signal output from the electronic device, wherein the obtained information includes information corresponding to an audio signal from another electronic device information corresponding to the audio signal including at least one of a content of the audio signal output from another electronic device and a volume level of the audio signal output from the another electronic device (par [9, 18, 20, 32-33, 37]/the content and inherently the current volume information since it determine proximity and whether at a volume can be heard by the user for perceptibility so as to adjust output volume of the device); and adjusting, based on the determining, the volume of the audio signal output from the electronic device (par [36-37]).
Claim 13, Gupta et al. disclose of an electronic device, comprising: an audio output configured to output an audio signal; a memory to store one or more instructions; and at least one processor configured to execute the one or more instructions (fig.1-2 (10/20); fig.3; par [21]); the processor being configured to: obtain, from an external source, information related to adjustment of a volume of the audio signal output from the audio output (par [7-9]), determine, based on the obtained information, whether to adjust the volume of the audio signal output from the audio output, wherein the obtained information includes information corresponding to an audio signal from another electronic device including at least one of a content of the audio signal output from another electronic device and a volume level of the audio signal output from the other electronic device (par [9, 18, 20, 32-33, 37]/the content and the current volume information since it determine proximity and whether at such a volume can be heard by the user for perceptibility so as to adjust output volume of the device),and adjust, based on the determining, the volume of the audio signal output from the audio output (par [36-37]).
.
The claim(s) 15 which in substance disclose of the same features as the claim(s) 13 has been analyzed and rejected accordingly.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (US 2020/0413147 A1) and Ito et al. (US 9,270,242 B2).
3. (ORIGINAL) The method of claim 1, wherein the adjusting, based on the determining, of the volume of the audio signal output from the electronic device comprises: changing the volume of the audio signal output from the electronic device from a first level to a second level (par [32-33]).
Although, the art never specify as storing information pertaining to the first level. However, it shall be noted such similar concept as storing information pertaining to a first level is known (abstract). Thus, one of the ordinary skills in the art could have modified the art by adding such aspect related to storing information pertaining to the first level so as to initiate comparison for subsequent signal for determining proper adjustment.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (US 2020/0413147 A1) and Denton (US 2019/0050194 A1).
5. (CURRENTLY AMENDED) The method of claim 1, wherein the audio signal output from the electronic device is a first audio signal, and the obtaining of the information related to the adjustment of the volume of the first audio signal output from the electronic device as noted, but the art lacked of the specific as comprises: receiving a second audio signal; and determining whether the received second audio signal is a signal output from the other -electronic device, based on amplitude of each frequency band of the received second audio signal.
However, the art as Denton disclose of the above related to receiving a second audio signal; and determining whether the received second audio signal is a signal output from the other -electronic device, based on amplitude of each frequency band of the received second audio signal (par [57]). Thus, one of the ordinary skills in the art could have modified the art by adding such aspect related to receiving a second audio signal; and determining whether the received second audio signal is a signal output from the other -electronic device, based on amplitude of each frequency band of the received second audio signal so as to determine the particular fingerprint or characteristic of the signal for implementing the adjustment.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (US 2020/0413147 A1) and Jang et al. (US 2016/0103653 A1).
9. (ORIGINAL) The method of claim 1, but the art lacked of the concept as wherein the obtained information comprises event occurrence information related to occurrence of an event, the audio signal comprises a content sound signal output from the electronic device and an event sound signal output from the electronic device, and the determining of whether to adjust the volume of the audio signal comprises: determining whether the event is comprised in a preset event, based on the event occurrence information; and determining whether to adjust a volume of the content sound signal, based on determining whether the event is comprised in the preset event.
However, the prior art as in Jang et al. disclose of the above concept as cited herein (par [234,455,474,524]). Thus, one of the ordinary skills in the art could have modified the art by adding such aspect related to obtained information comprises event occurrence information related to occurrence of an event, the audio signal comprises a content sound signal output from the electronic device and an event sound signal output from the electronic device, and the determining of whether to adjust the volume of the audio signal comprises: determining whether the event is comprised in a preset event, based on the event occurrence information; and determining whether to adjust a volume of the content sound signal, based on determining whether the event is comprised in the preset event so as to automatically adjust the volume according to certain condition of events of sound content.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al. (US 2020/0413147 A1) and kim et al. (US 2017/0068507 A1).
12. (ORIGINAL) The method of claim 1, but the art never specify further comprising, based on the volume of the audio signal being adjusted, providing a user interface (UI) related to volume adjustment of the audio signal via a display of the electronic device.
However, Kim et al. disclose of similar aspect related to a based on the volume of the audio signal being adjusted, providing a user interface (UI) related to volume adjustment of the audio signal via a display of the electronic device (par [70-71]). Thus, one of the ordinary skills in the art could have modified the art by adding such aspect related to base on the volume of the audio signal being adjusted, providing a user interface (UI) related to volume adjustment of the audio signal via a display of the electronic device as to visually provide the user with proper indicator of the current operation of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DISLER PAUL whose telephone number is (571)270-1187. The examiner can normally be reached 9:00-6:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chin, Vivian 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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/DISLER PAUL/Primary Examiner, Art Unit 2695
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