DETAILED ACTION
Introduction
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 01/14/2025, 08/01/2025 and 10/30/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
3. Claim 20 is objected to because of the following informalities: typographical errors.
Claim 20 recites “acquire acquiring…” This should be changed to “. Appropriate correction is required.
Double Patenting
4. 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 §§ 706.02(l) (1) - 706.02(l) (3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
5. Claims 10, 12-15, 22-24 and 26- 27 of the pending application 18/663922 filed on 01/14/2025 are rejected on the ground of nonstatutory double patenting as being unpatentable over 7-13, 13 and 14-15 of the issued patent US 12,248,733 B1 respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the pending application are similar in scope in comparison to the issued patent US 12,248,733 B1. Please see the below table for claim similarities for the independent claim. The pending application and the issued patent refer to the same method of controlling a speaker profile. Therefore, it would have been obvious to a one of ordinary skill in the art before the effective filing date of the claimed invention to use the device/the method of controlling a speaker profile as recited in the issued patent to controlling a speaker profile as claimed in the pending application.
Pending Application 18/663922
Issued Patent 12,248,733
10. (Currently Amended) A device comprising:
a network interface configured to support a communication session between the device and a remote device;
a speaker; and
a controller configured to switch, based on a request to initiate the communication session, a speaker profile for the speaker from a first speaker profile to a second speaker profile, wherein the first speaker profile includes a first equalization setting and a first compression setting, and wherein the second speaker profile includes a second equalization setting different from the first equalization setting and a second compression setting different from the first compression setting.
7. A device comprising:
a network interface configured to support a communication session between the device and a remote device;
a speaker; and
a controller configured to adjust one or more parameters of the speaker based on a source of an audio signal to be output by the speaker, the one or more parameters including at least one of an equalization setting or a compression setting;
wherein the source of the audio signal is one of a first source or a second source, the first source being the communication session; and
wherein, to adjust the one or more parameters of the speaker, the controller is configured to apply a first speaker profile for the speaker based on the source of the audio signal being the first source, the first speaker profile having a first equalization setting and a first compression setting, or
apply a second speaker profile for the speaker based on the source of the audio signal being the second source, the second speaker profile having a second equalization setting different from the first equalization setting and a second compression setting different from the first compression setting.
12. (Currently Amended) The device of claim 10, wherein the second compression setting includes dynamic range compression.
8. The device of claim 7, wherein the first compression setting includes dynamic range compression.
13. (Currently Amended) The device of claim 10, further comprising:
a non-transitory computer-readable storage medium coupled to the controller and storing one or more system sounds;
wherein the controller is configured to apply the first speaker profile based on an instruction to cause the speaker to render one of the one or more system sounds stored on the non-transitory computer-readable storage medium.
9. The device of claim 7, further comprising: a non-transitory computer-readable storage medium coupled to the controller and storing one or more system sounds;
wherein the second source of the audio signal is the non-transitory computer-readable storage medium.
14. (Original) The device of claim 10, further comprising:
a microphone;
wherein the network interface is configured to support a two-way communication session between the device and the remote device.
10. The device of claim 7, further comprising:
a microphone;
wherein the network interface is configured to support a two-way communication session between the device and the remote device.
15. (Currently Amended) The device of claim 10, further comprising:
a camera;
wherein the device is configured to transmit video imagery acquired by the camera to the remote device during the communication session.
11. The device of claim 7, further comprising: a camera; wherein the device is configured to transmit video imagery acquired by the camera to the remote device during the communication session.
22. (New) A method comprising:
applying a first speaker profile for processing audio signals output by a speaker, the first speaker profile including a first equalization setting and a first compression setting;
establishing a communication session between a first device and a second device that comprises the speaker; and
applying, based on establishing the communication session, a second speaker profile for processing the audio signals output by the speaker, the second speaker profile including a second equalization setting, different from the first equalization setting, and a second compression setting different from the first compression setting.
12. One or more non-transitory computer-readable media storing sequences of instructions executable to control a security camera disposed at a location, the security camera including a speaker and a network interface, and the sequences of instructions comprising instructions to:
apply a first speaker profile for processing audio signals output by the speaker, the first speaker profile including a first equalization setting and a first compression setting;
establish, using the network interface, a communication session with a remote device; and
based on establishing the communication session, apply a second speaker profile for processing the audio signals output by the speaker, the second speaker profile including a second equalization setting, different from the first equalization setting, and a second compression setting different from the first compression setting.
23. (New) The method of claim 22, further comprising:
receiving data during the communication session, the data including unprocessed speech; and
wherein applying the second speaker profile comprises processing the data according to the second speaker profile.
13. The one or more non-transitory computer-readable media of claim 12, wherein the sequences of instructions further comprise instructions to:
during the communication session, receive from the remote device, one or more audio signals comprising unprocessed speech;
wherein the second compression setting comprises dynamic range compression.
24. (New) The method of claim 23, wherein processing the data according to the second speaker profile includes applying dynamic range compression to the data.
13. The one or more non-transitory computer-readable media of claim 12, wherein the sequences of instructions further comprise instructions to:
during the communication session, receive from the remote device, one or more audio signals comprising unprocessed speech;
wherein the second compression setting comprises dynamic range compression.
26. (New) The method of claim 22, further comprising:
reverting, based on termination of the communication session, to applying the first speaker profile.
14. The one or more non-transitory computer-readable media of claim 12, wherein the sequences of instructions further comprise instructions to:
based on termination of the communication session, revert to applying the first speaker profile.
27. (New) The method of claim 26, wherein applying the first speaker profile comprises:
outputting, with the speaker, at least one audio signal processed according to the first speaker profile, wherein the at least one first audio signal comprises a pre-processed system sound, and wherein the first compression setting does not include dynamic range compression.
15. The one or more non-transitory computer-readable media of claim 12, wherein the sequences of instructions further comprise instructions to:
output, with the speaker, at least one first audio signal processed according to the first speaker profile, wherein the at least one first audio signal comprises a pre-processed system sound, and wherein the first compression setting does not include dynamic range compression.
This is a non-provisional nonstatutory double patenting rejection because the patentably indistinct claims have in fact been patented.
Claim Rejections - 35 USC § 101
6. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
7. Claims 1-4, 8, 10, 12-15, 17-18 and 20-27 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. Claims 1-4, 8, 10, 12-15, 17-18 and 20-27 are directed to the abstract idea of mental processes.
Claim 1 recites
“1. (Currently Amended) A method comprising:
determining, based on a request to operate a speaker, that a type of sound to be produced by the speaker includes unprocessed speech;
adjusting, based on determining that the sound comprises unprocessed speech, equalization or compression settings of the speaker to output speech, the adjusting including switching from a first setting to a second setting different from the first setting; and
initiating operation of the speaker using the second setting to render the unprocessed speech.”
The limitations recited in independent claims as drafted cover mental processes. More specifically, a human could listen to sound, detect that the sound is unprocessed/unqualified (i.e., unprocessed/unqualified sound contains all its original imperfections like background noise, uneven volume, sibilance and lack of effects) and control the speaker to improve qualification of the sound.
Claim 10 recites
“10. (Currently Amended) A device comprising:
a network interface configured to support a communication session between the device and a remote device;
a speaker; and
a controller configured to switch, based on a request to initiate the communication session, a speaker profile for the speaker from a first speaker profile to a second speaker profile, wherein the first speaker profile includes a first equalization setting and a first compression setting, and wherein the second speaker profile includes a second equalization setting different from the first equalization setting and a second compression setting different from the first compression setting.”
The limitations recited in independent claims as drafted cover mental processes. More specifically, a human could set a loudspeaker profile by adjusting the loudspeaker levels.
Claim 22 recites
“22. (New) A method comprising:
applying a first speaker profile for processing audio signals output by a speaker, the first speaker profile including a first equalization setting and a first compression setting;
establishing a communication session between a first device and a second device that comprises the speaker; and
applying, based on establishing the communication session, a second speaker profile for processing the audio signals output by the speaker, the second speaker profile including a second equalization setting, different from the first equalization setting, and a second compression setting different from the first compression setting.”
The limitations recited in independent claims as drafted cover mental processes. More specifically, a human could set the loudspeaker at a first profile and switch the loudspeaker to a second profile when the communication session starts.
Examiner respectfully notes “The court do not distinguish between mental processes that are performed entirely in the human mind and mental processes that require a human to use a physical aid (e.g., pen and paper or a slide rule) to perform the claim limitation. See, e.g., Benson 409 U.S. at 67,65,175 USPQ at 674-75,674 (noting that the claimed “conversion of [binary-coded decimal] numeral to pure binary numeral can be done mentally, ”i.e., “as a person would do it by head and hand.”) Synopsys, 839 F.3d at 1139, 120 USPQ2d at 1474 (holding that claims to the mental process of “translating a functional description of a logic circuit into a hardware component description of the logic circuit” are directed to an abstract idea, because the claims “read on an individual performing the claimed steps mentally or with pencil and paper”). Nor do the courts distinguish between claims that recite mental processes performed by humans and claims that recite mental processes performed on a computer. As the Federal Circuit has explained, “[c]outs have examined claims that required the use of a computer and still found that the underlying patent-ineligible invention could be performed via pen and paper or in a person’s mind.” Versata Dev. Group v. SAP Am., Inc, 793 F.3d 1306, 1335, 115 USPQ2d 1681, 1702 (Fed. Cir. 2015).
Does the claim recite the additional elements that integrate the judicial exception into a practical application? No, the judicial exception is not integrated into a practical application. In particular, claims recite the additional elements of a network interface, a speaker, a controller, and a non-transitory computer-readable storage medium. The additional element(s) or combination of elements such as a network interface, a speaker, a controller, and a non-transitory computer-readable storage medium in the claim(s) other than the abstract idea per se amount(s) to no more than (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structure that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. There is further no improvement to the computing device other than controlling the loudspeaker. The mere recitation of a microphone, a processor and a speaker and/or the like is akin of adding the word “apply it” and/or “use it” with a computer in conjunction with the abstract idea. The paragraph [0049] of the present specification discloses “Continuing with the example of FIG. 2, the processor 200 can include one or more programmable processors to execute one or more executable instructions, such as a computer program specified by the code 208, to control the operations of the base station 114. As used herein, the term “processor” describes circuitry that executes a function, an operation, or a sequence of operations. The function, operation, or sequence of operations can be hard coded into the circuitry or soft coded by way of instructions held in a memory device (e.g., the volatile memory 202) and executed by the circuitry. In some examples, the processor 200 is a digital processor, but the processor 200 can be analog, digital, or mixed. As such, the processor 200 can execute the function, operation, or sequence of operations using digital values and/or using analog signals. In some examples, the processor 200 can be embodied in one or more application specific integrated circuits (ASICs), microprocessors, digital signal processors (DSPs), graphics processing units (GPUs), neural processing units (NPUs), microcontrollers, field programmable gate arrays (FPGAs), programmable logic arrays (PLAs), or multicore processors. Examples of the processor 200 that are multicore can provide functionality for parallel, simultaneous execution of instructions or for parallel, simultaneous execution of one instruction on more than one piece of data.”
The claimed invention merely uses a computer as a tool to implement an abstract idea of mental processes. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. Claim 22 recites “establishing a communication session between a first device and a second device that comprises the speaker”. The claimed limitation is considered to be insignificant extra-solution activity. See MPEP 2106.05(g).
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element of using a computer is noted as a general computer as noted. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
The dependent claims 2-4, 8, 12-15, 17-18, 20-21, 23-27 do not remedy the issued noted above. More specifically, claim 2 recites a mental process of applying dynamic range compression in setting the loudspeaker. No additional limitations are present. Claim 3 recites receiving data during the communication session. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; Claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. No additional limitations are present. Claim 4 recites a mental process of establishing the communication session includes establishing a one-way or two-way, real-time communication session. No additional limitations are present. Claim 8 recites a mental process of setting a threshold in controlling the loudspeaker. No additional limitations are present. Claim 12 recites the similar features as Claim 2. Claim 13 recites a non-transitory computer-readable storage medium in controlling the loudspeaker. The additional element(s) or combination of elements such as a network interface, a speaker, a controller, and a non-transitory computer-readable storage medium in the claim(s) other than the abstract idea per se amount(s) to no more than (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structure that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry. Claim 14 recites the microphone, the network interface to support the communication session. The claimed invention merely uses a computer as a tool to implement an abstract idea of mental processes. Claim 15 recites a camera and transmit video imagery. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; Claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. No additional limitations are present. Claim 17 recites establishing a communication session and receiving one or more audio signals. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; Claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. No additional limitations are present. Claim 18 recites a mental process of reverting the loudspeaker to the first loudspeaker profile. No additional limitations are present. Claim 20 recites acquiring and transmitting video imagery. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; Claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. No additional limitations are present. Claim 21 recites a mental process of readjusting the loudspeaker. No additional limitations are present. Claim 23 recites the receiving data and applying the second speaker profile. Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362; Claims that amount to nothing more than an instruction to apply the abstract idea using a generic computer do not render an abstract idea eligible. Applying the speaker profile is a mental process. Claim 24 recites the similar features as Claims 2 and 12. Claim 25 recites the similar features as Claim 4. Claim 26 recites the similar features as Claim 18. Claim 27 recites outputting the processed sound and indicating that the first compression setting is not dynamic range compression. No additional limitations are present.
For at least the supra provided reasons, claims 1-4, 8, 10, 12-15, 17-18 and 20-27 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Allowable Subject Matter
8. Claims 1-4, 8, 10, 12-15, 17-18 and 20-27 are allowed in view of the prior art of record. The claims stand rejected under 101 Abstract idea, and for the application to pass to allowance this rejection need to be overcome. Any amendments to overcome the 101 rejection that results in any change in scope require further search and/or consideration in order to determine it allowability.
The following is a statement of reasons for the indication of allowable subject matter: the prior art(s) taken alone or in combination fail(s) to teach the following element(s) in combination with the other recited elements in the claim(s).
“determining, based on a request to operate a speaker, that a type of sound to be produced by the speaker includes unprocessed speech;
adjusting, based on determining that the sound comprises unprocessed speech, equalization or compression settings of the speaker to output speech, the adjusting including switching from a first setting to a second setting different from the first setting; and” as recited in Claim 1.
“a controller configured to switch, based on a request to initiate the communication session, a speaker profile for the speaker from a first speaker profile to a second speaker profile, wherein the first speaker profile includes a first equalization setting and a first compression setting, and wherein the second speaker profile includes a second equalization setting different from the first equalization setting and a second compression setting different from the first compression setting.” as recited in Claim 10.
“applying a first speaker profile for processing audio signals output by a speaker, the first speaker profile including a first equalization setting and a first compression setting;
establishing a communication session between a first device and a second device that comprises the speaker; and
applying, based on establishing the communication session, a second speaker profile for processing the audio signals output by the speaker, the second speaker profile including a second equalization setting, different from the first equalization setting, and a second compression setting different from the first compression setting.” as recited in Claim 22.
Claims 2-4, 8, 12-15, 17-18, 20-21 and 23-27 and 20-21 are allowed in view of the prior art of record as the independent claims by virtue of their dependency.
The closest prior arts found as following.
a. Milne et al. (US 2020/0133621 A1.) In this reference, Milne et al. disclose switching the speaker setting based on a location of a speaker, walls or other barriers in a room or based on a location of a listener (Milne et al. [0093] Returning to FIG. 8, decision diamond 804 is used to indicate that if “outdoors” is determined, logic advances to block 806 et seq. to automatically establish audio settings for the system appropriate for outdoor operation, whereas if “indoors” is determined, logic advances to block 816 et seq. to establish audio settings for the system appropriate for indoor operation, [0094] At block 806, audio channels are established according to how many speakers are in the outdoor environment. If only a single speaker is outdoors, input audio (e.g., stereo) is converted to mono and played on the sole outdoor speaker. If two speakers are outdoors, stereo is output for play of one channel on one of the speakers and the other channel on the other speaker. If three speakers are outdoors, input audio, if stereo, for example, is converted to left, center, and right channels for play of the three channels on the three respective speakers. Similarly, if four speakers are outdoors, input audio, if stereo, for example, is converted to four channels (for example, left front, right front, left rear, right rear) for play of the four channels on the four respective speakers. In general, input stereo may be up-converted to N-channel audio for play on N outdoors speakers, [0097] On the other hand, when indoor operation is identified at decision diamond 804, the logic may move to block 816 to determine the direction from a user (listener) to the audio system or a speaker thereof (such as the center channel speaker). At block 818 the distance between the user (listener) and system or audio speaker may also be determined. Locations of nearby barriers such as walls may be determined at block 820, if desired for each indoor speaker.) Milne et al. detects a location of the speaker (i.e., indoor/outdoor/nearby barriers) and the location of the listener in order to switch the loudspeaker setting. Milne et al. does not determine, based on a request to operate a speaker, that type a type of sound to be produced by the speaker includes unprocessed speech and switch, based on determining that the sound comprised unprocessed speech, from a first setting to a second setting for the speaker as recited in Claim 1. Milne et al. does not switch the loudspeaker setting based on a request to initiate a communication session as recited in Claim 10. Milne et al. does not apply a first speaker profile and apply a second loudspeaker profile based on establishing a communication session as recited in Claim 22. Thus, Milne et al. fail to teach and/or suggest the allowable subject matter.
b. Koppens et al. (US 2016/0197590 A1.) In this reference, Koppens et al. disclose dynamic range control for a wide variety of playback environment (Koppens et al. [0067] Different dynamic range compression curves may correspond to different playback environments. For example, a dynamic range compression curve for a playback environment of a flat panel TV may be different from a dynamic range compression curve for a playback environment of a portable device. In some embodiments, a playback device may have two or more playback environments. For example, a first dynamic range compression curve for a first playback environment of a portable device with speakers may be different from a second dynamic range compression curve for a second playback environment of the same portable device with headset, [0073] In some embodiments, the dynamic range controller (106) may comprise a selector 110, a loudness calculator 112, DRC gain unit 114, etc. The selector (110) may be configured to determine a speaker configuration (e.g., flat panel mode, portable device with speakers, portable device with headphones, a 5.1 speaker configuration, a 7.1 speaker configuration, etc.) relating to a specific playback environment at the decoder (100), select a specific dynamic range compression curve from the dynamic range compression curves extracted from the encoded input signal (102), etc. See paragraphs [0079, 0088, 0108].) Koppens et al. switches from one dynamic range compression curve to another dynamic range compression curve based on the playback environment and based on the loudness level of the sound. Koppens et al. does not switch from one dynamic range compression curve to another dynamic range compression curve in response to determining that the sound is unprocessed speech. Koppens et al. does not switch the loudspeaker setting based on a request to initiate a communication session as recited in Claim 10. Koppens et al. does not apply a first speaker profile and apply a second loudspeaker profile based on establishing a communication session as recited in Claim 22. Thus, Koppens et al. fail to teach and/or suggest the allowable subject matter.
c. Gerrard (US 2020/0329327 A1.) In this reference, Gerrard applies compression and equalization effects to modify an original audio clip (Gerrard [0030] For the embodiment of FIG. 1, circuit 103 comprises a switch to activate the audio playback, memory to store the audio, and a logic circuit or component to playback the audio through the speakers 102a, 102b, and one or more batteries to power the circuit, though batteries may also be provided separately in the card and connected to circuit 103 through wires or conductive connectors. The circuit 103 is tuned to correct for deficiencies of the original audio sound clips when played through small speakers and in a non-resonant medium, such as a paper card. The tuning process takes objective measurements of the acoustic properties of the card and provides these to a tuning component. The tuning component then generates tuning coefficients for pre-processing algorithms to modify the original audio clip, such as through compression and equalization effects, [0031] Audio cards with small speakers generally do not have a flat frequency response curve, and thus sound distorted. Furthermore, there is typically very little bass response (high bass roll-off). With regard to compensating for the greeting card deficiencies, the goal is generally to achieve a flat speaker with response and enhance the inherent low fidelity associated with cards and similar media. The tuning process uses knowledge of how the card sounds to improve the sound output. The tuning circuit measures the speaker output characteristics and applies equalization to produce a flat response so the sound is not as distorted, and adds compression to make up for low sound levels to make the sound clearer. The tuning circuit also adds speaker virtualization to make the speakers sound more immersive, [0032] The tuning process thus comprises equalization (frequency enhancement) to provide frequency response correction and compression (volume enhancement) to increase low volume response. If an array of speakers is provided (e.g., two or more speakers), the tuning process adds virtualization effects to playback spatial audio through virtualization for audio objects. This tuning is generally provided as a pre-process during production based on the configuration (dimensions/material) of the card, the audio content, and the number and configuration of speakers at the manufacturing stage, such as when the card is assembled or produced.) Gerrard modifies the original audio clip through compression and equalization effects to improve the qualification of the audio clip. However, Gerrard does not determine that the received audio clip is an original audio clip or a processed audio clip. Gerrad does not switch from a first setting to a second setting in response to determining that the audio clip is original/unprocessed. Gerrard does not switch the loudspeaker setting based on a request to initiate a communication session as recited in Claim 10. Gerrard does not apply a first speaker profile and apply a second loudspeaker profile based on establishing a communication session as recited in Claim 22. Thus, Gerrard fail to teach and/or suggest the allowable subject matter.
Conclusion
9. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO-892.
a. Botcha et al. (US 2025/0110686 A1.) In this reference, Botcha et al. disclose processing ,e.g., equalization, compression, speaker protection limit, etc.
b. Torno et al. (US 2023/0069729 A1.) In this reference, Torno et al. disclose dynamics compression.
c. Mariglio, III (US 2023/0036487 A1.) In this reference, Mariglio, III disclose the harmonic spectral component may be further processed with e.g. equalization, compression, etc., to generate the output channel for the speaker.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THUYKHANH LE whose telephone number is (571)272-6429. The examiner can normally be reached Mon-Fri: 9am-5pm.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew C. Flanders can be reached on 571-272-7516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THUYKHANH LE/Primary Examiner, Art Unit 2655
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