DETAILED ACTION
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
2. 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)(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.
3. Claims 1, 2, 6 and 7 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by S et al, U.S. Patent Application Publication No. 2024/0184510 (hereinafter S).
Regarding claim 1, S discloses an audio playback system (from Figure 5, see 500), comprising:
an audio output device (from Figure 5, see 504); and
a computing device (from Figure 5, see 502) executing an application program (from Figure 5, see 508), wherein a sound signal (from Figure 5, see 506) corresponding to the application program and an EQ setting (from paragraph 0046, see equalizer setting) are transmitted (from abstract, see transmitting, via the proximity based communications system, the audio configuration information for the audio playback device) from the computing device to the audio output device,
wherein after the sound signal and the EQ setting from the computing device are received by the audio output device, the audio output device outputs sound according to the EQ setting (from paragraph 0049, see The audio playback device may then apply the received audio configuration information (e.g., by adjusting the sound effects applied to audio being played back)).
Regarding claim 2, S discloses the audio playback system according to claim 1, wherein the EQ setting is a combination of plural sound bands and gain values corresponding to the plural sound bands (from paragraph 0047, see In some cases, these sound effects (e.g., audio configuration) may be used to personalize the audio playback for a user. For example, a user may be able to adjust the audio configuration of the audio data to adjust the playback of the audio data to their preferences. Thus, a first user may adjust the audio configuration to add bass and increase the volume, while a second user may adjust the audio configuration to help achieve a flatter audio profile with spatial audio effects added to help virtually localize audio playback to a location about the second user. In another example, a single user may have multiple audio playback devices, such as a headset and earbuds, but may prefer a different audio configuration for the headset as compared to the earbuds).
Regarding claim 6, S discloses the audio playback system according to claim 1, wherein the audio output device is a headphone, a speaker, a smart speaker or a conference speaker, and the computing device is a desktop computer, a notebook computer, an integrated full-function computer, a minicomputer, a computer stick, a tablet computer, a mobile phone, a broadcaster or a live broadcast controller (from paragraph 0046, see FIG. 5 is a block diagram of an audio playback system 500, in accordance with aspects of the present disclosure. Audio playback system 500 may include a device 502 coupled to an audio playback device 504. In some cases, device 502 may be any device capable of processing audio data and causing playback of the audio data such as a mobile device, a wearable device, an extended reality device (e.g., a virtual reality (VR) device, an augmented reality (AR) device or a mixed reality (MR) device), a personal computer, a laptop computer, a video server, a vehicle, and the like. Audio playback device 504 may be any device capable of reproducing audio such as a speaker, audio system, network connected speaker, headphones, earbuds, soundbar, and the like).
Regarding claim 7, S discloses The audio playback system according to claim 1, wherein the audio output device is in communication with the computing device in a wired transmission manner or a wireless (from Figure 2, see 218) transmission manner.
Claim Rejections - 35 USC § 103
4. 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.
5. Claims 3-5, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over S in view of Lei et al, U.S. Patent Application Publication No. 2022/0197588 (hereinafter Lei).
Regarding claim 3, although S discloses the EQ setting is transmitted to the audio output device, so that the audio output device outputs the sound according to the EQ setting (from abstract, see transmitting, via the proximity based communications system, the audio configuration information for the audio playback device), S does not clearly teach an EQ setting program, the application program being executed by the computing device is detected or compared, and the EQ setting corresponding to this application is selected for transmission. All the same Lei discloses an EQ setting program, the application program being executed by the computing device is detected or compared, and the EQ setting corresponding to this application is selected (from paragraph 0045, see determining the active application and the corresponding hardware equalizer setting thus facilitating the switch). Therefore, it would have been obvious to one of ordinary skill in the art to modify S with an EQ setting program, the application program being executed by the computing device is detected or compared, and the EQ setting corresponding to this application is selected as taught by Lei. This modification would have improved the system’s convenience by providing an accurate user experience as suggested by Lei (see paragraph 0031).
Regarding claim 4, S as modified by Lei discloses if the EQ setting program does not detect the application program that is being executed by the computing device, the audio output device outputs the sound according to a default EQ setting (from paragraph 0059, see then the “NO” branch is taken and the method proceeds to block 465 where the method applies a standard or default flat hardware equalizer setting).
Regarding claim 5, S as modified by Lei discloses the audio playback system according to claim 3, wherein the EQ setting program is a driver, a utility program, a background program or a resident program (from paragraph 0068 of Lei, see the methods described herein may be implemented by software programs executable by a computer system. Further, in an exemplary, non-limited embodiment, implementations can include distributed processing, component/object distributed processing, and parallel processing. Alternatively, virtual computer system processing can be constructed to implement one or more of the methods or functionalities as described herein).
Regarding claim 8, the combination of S and Lei discloses the audio output device and the computing device are in communication with other in a wired transmission manner (from paragraph 0084 of S, see The phrase “coupled to” refers to any component that is physically connected to another component either directly or indirectly and/or any component that is in communication with another component (e.g., connected to the other component over a wired or wireless connection, and/or other suitable communication interface) either directly or indirectly), the computing device automatically executes the EQ setting program (from paragraph 0038 of Lei, see controller 215 may be configured to automatically switch between equalizer settings), or the computing device disables the EQ setting program.
Regarding claim 9, S as modified by Lei discloses the audio output device is paired with the computing device in a Bluetooth communication manner (from paragraph 0033 of S, see In cases where the audio playback device and NFC device also include other short range connectivity capability via a radio access technology (e.g., Bluetooth™ connectivity), the audio playback device and NFC device may be paired for the short range connectivity radio access technology (e.g., Bluetooth™ connectivity) along with receiving the audio configuration information), the computing device automatically executes the EQ setting program (from paragraph 0038 of Lei, see controller 215 may be configured to automatically switch between equalizer settings), or the computing device disables the EQ setting program.
6. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over S in view of Lei in further view of Young et al, U.S. Patent Application Publication No. 2023/0084944 (hereinafter Young).
Regarding claim 10, although the combination of S and Lei discloses the audio output device is paired with the computing device (from paragraph 0033 of S, see the audio playback device and NFC device may be paired for the short range connectivity radio access technology (e.g., Bluetooth™ connectivity) along with receiving the audio configuration information), the computing device automatically executes the EQ setting program (from paragraph 0038 of Lei, see controller 215 may be configured to automatically switch between equalizer settings), or the computing device disables the EQ setting program, the combination of S and Lei does not clearly teach the pairing is through a dongle. All the same, Young discloses the pairing is through a dongle (from paragraph 0009, see The game controller 100 may comprise a wireless interface that is operable to communicate directly with a video game console. A dongle may be plugged into the video game console to allow the wireless communication. For example, a USB connection on the video game console may be adapted, via the dongle, to communicate with the game controller 100 via Bluetooth, Wi-Fi or any other wireless protocol). This modification would have the system’s reliability by providing a secure connection.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
Olisa Anwah
Patent Examiner
December 29, 2025
/OLISA ANWAH/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692