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 .
Allowable Subject Matter
Claim(s) 6-8, 10-11, 14 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.
Response to Amendment
The amended claim(s) which relate to “ obtained information associated with adjustment of volume of audio includes information corresponding to an audio signal from another electronic device” has been further considered and rejected over new ground of rejection, herein “Charlton et al. (US 10,461,710 B1).
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.
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) 1-2, 13,15 is/are rejected under 35 U.S.C. 102 a (1) as being anticipated by Charlton et al. (US 10,461,710 B1).
Claim 1, Charlton et al. disclose of a method of adjusting a volume of an audio signal, 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.1B (110 m); col.30 line 35-50/the playback device may receive a particular volume adjustment information from the group coordinator); 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; and adjusting, based on the determining, the volume of the audio signal output from the electronic device (col.30 line 35-50; col.31 line 5-20/the instruction to change the group coordinator volume may also be exchange as a group to other playback device so they could change their own volume as a group).
2. (CURRENTLY AMENDED) The method of claim 1, wherein the audio signal output from the electronic device is a first audio signal, the obtained information related to the adjustment of the volume comprises information about a second audio signal that is output from the other electronic device, and the determining of whether to adjust the volume of the first audio signal output from the electronic device comprises: based on a volume of the second audio signal output from the other electronic device being changed from a first level to a second level by a preset threshold or more, determining to adjust the volume of the first audio signal output from the electronic device (col.30 line 35-50; col.31 line 5-20).
Claim 13, Charlton 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 to: obtain, from an external source, information related to adjustment of a volume of the audio signal output from the audio output ( (fig.1C (110); fig.1B (110 m); col.30 line 35-50/the playback device may receive a particular volume adjustment information from the group coordinator); and, 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, and adjust, based on the determining, the volume of the audio signal output from the audio output (col.30 line 35-50; col.31 line 5-20/the instruction to change the group coordinator volume may also be exchange as a group to other playback device so they could change their own volume as a group).
.
The claim(s) 15 which in substance disclose of the similar limitation as in claim(s) 1 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) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charlton et al. (US 10,461,710 B1) 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 col.30 line 35-50; col.31 line 5-20).
However, Charlton lacked of the specific feature regarding storing information pertaining to the first level. However, it shall be noted ito et al. disclose of similar concept of storing information pertaining to the first level (abstract). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted concept regarding storing information pertaining to the first level so as to initiate comparison for the subsequent signal for determining proper adjustment.
4. (CURRENTLY AMENDED) The method of claim 2, further comprising: based on the volume of the second audio signal output from the external other electronic device being re-changed from a second level to a first level, re-changing the volume of the first audio signal output from the electronic device from the second level to the first level based on information that is received pertaining to the first level (col.30 line 35-50; col.31 line 5-20/the playback device will refer to stored first level ).
However, Charlton lacked of the specific feature regarding storing information pertaining to the first level. However, it shall be noted ito et al. disclose of similar concept of storing information pertaining to the first level (abstract). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted concept regarding storing information pertaining to the first level so as to initiate comparison for the subsequent signal for determining proper adjustment.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charlton et al. (US 10,461,710 B1) 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 comprises: but, the art failed the aspect as receiving a second audio signal; and determining whether the received second audio signal is a signal output from an external electronic device the other electronic device, based on amplitude of each frequency band of the received second audio signal.
But the prior art as in Denton disclose of the similar concept related to the aspect as receiving a second audio signal; and determining whether the received second audio signal is a signal output from an external electronic device 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 noted aspect related to receiving a second audio signal; and determining whether the received second audio signal is a signal output from an external electronic device 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 .
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charlton et al. (US 10,461,710 B1) and Kim et al. (US 2017/0068507 A1).
12. (ORIGINAL) The method of claim 1, but the art never specify as 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 a similar 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 prior art by adding such noted 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 so as to visually provide the user with proper indicator of the current operation of the device.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Charlton et al. (US 10,461,710 B1) and Jang et al. (US 2016/0103653 A1).
9. (ORIGINAL) The method of claim 1, but the prior art lacked of the specific 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.
But Jang disclose of the similar concept 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 (par [234, 455, 474, 524]). Thus, one of the ordinary skills in the art could have modified the prior art by adding such aspect related to 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 and sound content.
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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/DISLER PAUL/Primary Examiner, Art Unit 2695