DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office Action is in response to the Amendment filed on 08/03/2026.
Response to Arguments
3. Applicants’ arguments filed 8/3/2026 have been fully considered. Applicants’ arguments with respect to some are moot because the examiner introduces a new prior art to read on the argued elements.
As per claim 20, the amendment made to claim 20 overcomes the US 101 rejection.
As per the argument directed to rejection of claims 1-3, 6-7, and 13-20 under 35 U.S.C. § 102(a)(2) as anticipated by Yang et al (US 2022/0198994 Al). This Argument is moot because new ground of rejection is applied to reject these claims.
Regarding Park, the applicant argues that Park does not disclose information regarding a viewing position of a user "acquired from an imaging device" as recited in claims 1, 19, and 20.
The examiner disagrees because Park clearly discloses and illustrates in several figures a sensor or a sensing device, wherein the display apparatus 1 may further include a sensor for sensing a nearby human body or sensing a distance from the human body, or an information acquirer 101 for acquiring relevant information from an external sensor. See at least [0059].
According, the arguments are not persuasive and the rejection is maintained, and it is a FINAL REJECTION.
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:
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.
4. Claims 1-3, 6-7, and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 20220198994 A1) in view of Takeshita (US 20060188234 A1 ).
As per claim 1, Yang discloses an information processing device comprising a processor configured to:
determine an adjustment amount of at least one of an image quality of a display unit and a sound quality of a speaker on a basis of information regarding a changed viewing position of a user acquired from an imaging device ([0483] the AI processor 1230 in the image display apparatus 100 may analyze the presence of a viewer using a position sensor and a motion sensor, the presence of a viewer near the image display apparatus 100 based on viewer position information, and an angle formed between a viewer and the image display apparatus 100, and if no viewer is present, the AI processor 1230 may change a mode to an off mode or a minimum operation mode, or may adjust an optimal image quality or sound for a viewing angle, and the like); and
While Yang further discloses [0122] The signal processor 170 may locate the user based on an image captured by a camera device. Yang further discloses upon sensing the motion sensor (S1542), the AI processor 1230 determines the presence of an individual (S1544), triggers the TV on time (S1546), checks whether the TV is turned on (S1548), turns on the TV (S1550), and performs preferred TV image quality and volume setting (S1555) see [0499]).
Even though, Yang detected a presence of the person Infront of a TV but Yang fall short to register for how long the person was Infront of the TV, as a result Yang fall short to teach
control at least one of the display or the speaker using the adjustment amount after the viewing position has remained unchanged for a predetermined time as required in the claim.
Takeshita, on the other hand, discloses [0066] if the face image detecting signal has been received before the predetermined time lapses (if determined as No in step S9 and as Yes in step S10), the process proceeds to step S7. [0067] In contrast, even though the predetermined time lapses, if the face image detecting signal is not received (if determined as Yes in step S9), it is determined that the viewer is not viewing the television in front of the television receiver, an operation mode of the television receiver is switched to a power saving mode. So Takeshita not only address who is in front of the TV he also identify how long the person was Infront of the TV so that appropriate adjustment of sound and image will take place .
Before effective filling date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the viewer’s identification by capturing image of the viewer within a predetermined amount of time so that the image and/or sound from the TV will be provided and adjusted. Therefore, it would have been obvious to combine Takeshita with Yang to obtain the invention as specified in claim 1.
As per claim 2, Yang in view of Takeshita further discloses that the information processing device according to claim 1, wherein the image quality is adjusted to a luminance corresponding a changed viewing position in a case where the viewing position is changed ( Yang, [0046] based on viewer position information which is calculated using image information captured by the sensor device, the signal processor may perform the image quality processing according to the image quality set by the AI processor. Accordingly, image quality processing may be performed based on AI. Also see [0483, 0514]).
As per claim 3, Yang in view of Takeshita further discloses that the information processing device according to claim 2, wherein the luminance of the display is increased in a case where the changed viewing position becomes farther than the viewing position before the change, and the luminance is decreased in a case where the changed viewing position becomes closer (Yang, [0165] Referring to (c) of FIG. 4A, while pressing a predetermined button of the remote controller 200, the user moves the remote controller 200 away from the display 180. Then, a selected area corresponding to the pointer 205 may be zoomed in and enlarged on the display 180. On the contrary, if the user moves the remote controller 200 toward the display 180, the selection area corresponding to the pointer 205 is zoomed out and thus contracted on the display 180. On the other hand, when the remote controller 200 moves away from the display 180, the selection area may be zoomed out and when the remote controller 200 approaches the display 180, the selection area may be zoomed in. Examiner’s note: as shown in Fig. 4A, the brightness or luminance of the displayed pointer (image shown on the display) is changed based on the user’s movement holding the remote controller).
As per claim 6, Yang in view of Takeshita further discloses that the information processing device according to claim 1, wherein in a case where the viewing position is changed, a balance of sounds from left and right speakers according to the changed viewing position is adjusted (Yang, [0027] based on the viewer position information which is calculated using the image information captured by the sensor device, the signal processor may perform the audio processing according to the sound quality set by the AI processor. (Yang, [0520] Meanwhile, in the case where the viewer is located at PA or PC, instead of PB, image or audio distortion may occur, such that in order to prevent this occurrence, the AI processor 1230 may perform image processing, image quality processing, audio processing, and the like by considering the viewer's position, angle, distance, and the like. Accordingly, it is possible to provide a viewer with images or sounds suitable for the viewer's position).
As per claim 7, Yang in view of Takeshita further discloses that the information processing device according to claim 6, wherein the adjustment of the balance of the sounds from the left and right speakers is adjustment of lowering the volume of the sound output from the speaker having a shorter distance between the user and the speaker or adjustment of raising the volume of the sound output from the speaker having a longer distance between the user and the speaker (Yang, [0520] AI processor 1230 may perform image processing, image quality processing, audio processing, and the like by considering the viewer's position, angle, distance, and the like. Accordingly, it is possible to provide a viewer with images or sounds suitable for the viewer's position).
As per claim 13, Yang in view of Takeshita further discloses that the information processing device according to claim 1, wherein a screen including at least one of the viewing position of the user detected by the imaging device and the adjustment amount is displayed on the display unit ( Yang, [0483] Meanwhile, the AI processor 1230 in the image display apparatus 100 may analyze the presence of a viewer using a position sensor and a motion sensor, the presence of a viewer near the image display apparatus 100 based on viewer position information, and an angle formed between a viewer and the image display apparatus 100, and if no viewer is present, the AI processor 1230 may change a mode to an off mode or a minimum operation mode, or may adjust an optimal image quality or sound for a viewing angle, and the like).
As per claim 14, Yang in view of Takeshita further discloses that the information processing device according to claim 1, further comprising a sensor that detects ambient light, wherein the image quality is adjusted by using one or both of the adjustment of the image quality based on the intensity of the ambient light detected by the sensor and the adjustment of the image quality based on the information from the imaging device (Yang, [0482] the AI processor 1230 in the image display apparatus 100 may perform processing, such as converting brightness magnitude into numerical values based on ambient brightness information from an illumination sensor, and may adaptively adjust brightness, contrast, and the like).
As per claim 15, Yang in view of Takeshita further discloses that the information processing device according to claim 1, wherein the imaging device is configured to be detachably attached (Yang, [0097] The external device interface 130 may be connected to an external device, wirelessly or by wire, such as a Digital Versatile Disk (DVD) player, a Blu-ray Disk (BD) player, a game console, a camera, a camcorder, a computer (e.g. a laptop computer), or a set-top box. Then, the external device interface 130 may transmit and receive signals to and from the external device.
As per claim 16, Yang in view of Takeshita further discloses that the information processing device according to claim 1, wherein in a case where a plurality of users is detected, the image quality and the sound quality that are optimal at the center of gravity of the viewing positions of the plurality of users are adjusted (Yang, [0483] Meanwhile, the AI processor 1230 in the image display apparatus 100 may analyze the presence of a viewer using a position sensor and a motion sensor, the presence of a viewer near the image display apparatus 100 based on viewer position information, and an angle formed between a viewer and the image display apparatus 100, and if no viewer is present, the AI processor 1230 may change a mode to an off mode or a minimum operation mode, or may adjust an optimal image quality or sound for a viewing angle, and the like. (Yang, [0519] In the drawing, an angle and the like are illustrated when a viewer is located at positions PA, PB, and PC. (Yang, [0520] Meanwhile, in the case where the viewer is located at PA or PC, instead of PB, image or audio distortion may occur, such that in order to prevent this occurrence, the AI processor 1230 may perform image processing, image quality processing, audio processing, and the like by considering the viewer's position, angle, distance, and the like. Accordingly, it is possible to provide a viewer with images or sounds suitable for the viewer's position. Also see users viewing positions PA, PB, and PC. in Fig. 19).
As per claim 17, Yang in view of Takeshita further discloses that the information processing device according to claim 1, wherein in a case where a plurality of users is detected, the image quality and the sound quality are adjusted to be optimal for a user at a viewing position closest to the information processing device among the plurality of users (Yang, [0483] the AI processor 1230 in the image display apparatus 100 may analyze the presence of a viewer using a position sensor and a motion sensor, the presence of a viewer near the image display apparatus 100 based on viewer position information, and an angle formed between a viewer and the image display apparatus 100, and if no viewer is present, the AI processor 1230 may change a mode to an off mode or a minimum operation mode, or may adjust an optimal image quality or sound for a viewing angle, and the like).
As per claim 18, Yang in view of Takeshita further discloses that the information processing device according to claim 1, wherein the processor is configured to adjust image quality corresponding to peripheral light or a reflection of a peripheral object on the display unit on a basis of the information acquired from the imaging device (Yang, [0026] based on viewer position information which is calculated using image information captured by the sensor device, the signal processor may perform the image quality processing according to the image quality set by the AI processor. [0143] For example, the image quality processor 635 may reduce noise of a received image signal, extend grayscale of the received image signal, enhance image resolution, perform High Dynamic Range (HDR)-based signal processing, change a frame rate, or perform image quality processing to corresponding to characteristics of a panel, especially, an organic light emitting panel).
As per claim 19, Yang in view of Takeshita further discloses an information processing method (see Yang, flowchart of Fig. 15c and 17) for causing an information processing device to perform: determining an adjustment amount of at least one of an image quality of a display unit and a sound quality of a speaker on a basis of information regarding a viewing position of a user acquired from an imaging device; and controlling the display unit and the speaker using the adjustment amount (Yang, [0483] the AI processor 1230 in the image display apparatus 100 may analyze the presence of a viewer using a position sensor and a motion sensor, the presence of a viewer near the image display apparatus 100 based on viewer position information, and an angle formed between a viewer and the image display apparatus 100, and if no viewer is present, the AI processor 1230 may change a mode to an off mode or a minimum operation mode, or may adjust an optimal image quality or sound for a viewing angle, and the like.
As per claim 20, Yang in view of Takeshita further discloses a program (see Yang, program instructions or flowchart stored in memory of 14 see Figs. 2, 15c and 17) for causing a computer to execute processing comprising the steps of: determining an adjustment amount of at least one of an image quality of a display unit and a sound quality of a speaker on a basis of information regarding a viewing position of a user acquired from an imaging device; and controlling the display unit and the speaker using the adjustment amount (Yang, [0483] the AI processor 1230 in the image display apparatus 100 may analyze the presence of a viewer using a position sensor and a motion sensor, the presence of a viewer near the image display apparatus 100 based on viewer position information, and an angle formed between a viewer and the image display apparatus 100, and if no viewer is present, the AI processor 1230 may change a mode to an off mode or a minimum operation mode, or may adjust an optimal image quality or sound for a viewing angle, and the like).
5. Claims 1, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al (US 20170192486 A1)
As per claim 1 (device), claim 19 (method) and claim 20 (program), Park discloses an information processing device (display apparatus 1, Fig.1), comprising a processor configured to:
a control unit (controller 203) that determines and controls an adjustment amount of at least one of an image quality of a display unit and a sound quality of a speaker on a basis of information regarding a viewing position of a user acquired from an imaging device ([0149] According to another example embodiment, the controller 203 lowers only the sound output level of the loudspeaker 600 when a user is positioned between the first critical range 10a and the second critical range 10b, and decreases the brightness of the display 100 when the user comes within the second critical range 10b. Likewise, the operations of different elements are restricted in accordance with distances of a user, thereby reducing the consumption power of the display apparatus 1).
control at least one of the display or the speaker using the adjustment amount after the viewing position has remained unchanged for a predetermined time ([0137] If a user stays within the critical range 10, the controller 203 performs the control operations for reducing the consumption power of the display apparatus 1 as described above after the preset critical time (i.e. the first critical time) elapses. If it is determined that a user is moving, the controller 203 performs the control operations for reducing the consumption power of the display apparatus 1 after the preset critical time (e.g., the second critical time or the third critical time) elapses. For example, the second critical time may be longer than the first critical time, and the third critical time may be shorter than the first critical time. Also see [0141] also see Figs. 5-10).
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6. Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Takeshita and Imahama (US 20240179467 A1).
As per claim 8, Yang in view of Takeshita does not seem to disclose a delay amount as recite in clam 8. That is, Yang in view of Takeshita fails to teach the information processing device according to claim 1, wherein a delay amount of sounds from the left and right speakers is adjusted according to the changed viewing position in a case where the viewing position is changed.
On the other hand, Imahama [0008] for example, discloses that when the sound bar is installed to the left of a below-and-center position or an above-and-center position of the display device, the output timing of the speaker of a right channel is delayed from the output timing of the speaker of a center channel by a predetermined delay time T and the output timing of the speaker of the center channel is delayed from the output timing of the speaker of a left channel by the above-mentioned delay time T, and the output volume of the speaker of the right channel is reduced from the output volume of the speaker of the center channel by a predetermined attenuation volume V and the output volume of the speaker of the center channel is reduced from the output volume of the speaker of the left channel by the above-mentioned attenuation volume V. also see [0009]. [0074] Further, in this embodiment, the user can change the delay time T and the attenuation volume V for adjusting the output timing and the output volume of the center channel speaker 10-1, the left channel speaker 10-2, and the right channel speaker 10-3 via the arrangement information input screen 200 displayed on the human-machine interface unit 21 of the controller 2. Therefore, according to this embodiment, the user can determine the delay time T and the attenuation volume V so as to obtain the optimum surround sound audio output while listening to the surround sound audio output from the sound bar 1 (while playing the reproduced sound of the multi-channel audio signals output from the television receiver 3) at the predetermined viewing position, and thus convenience is improved.
Before effective filling date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the teaching of Imahama with Yang in view of Takeshita . The suggestion /motivation for doing so would have been to provide improved convenience to the television viewing user, wherein such advantages are clearly described above in Imahama.
Therefore, it would have been obvious to combine Imahama with Yang in view of Takeshita to obtain the invention as specified in claim 8.
As per claim 9, Yang in view of Takeshita and Imahama further discloses that the information processing device according to claim 8, wherein the adjustment of the delay amount of the sounds from the left and right speakers is adjustment for delaying the sound output from the speaker having a shorter distance between the user and the speaker (Imahama discloses [0069] For example, as illustrated in FIG. 5(A), when the arrangement position of the sound bar 1 with respect to the television receiver 3 is at the below-and-center position of the television receiver 3, the output volume and the output timing of the center channel speaker 10-1, the left channel speaker 10-2, and the right channel speaker 10-3 are adjusted so that the output timing of the center channel speaker 10-1 is delayed from the output timing of the left channel speaker 10-2 and the right channel speaker 10-3 by the delay time T, and the output volume of the center channel speaker 10-1 is reduced from the output volume of the left channel speaker 10-2 and the right channel speaker 10-3 by the attenuation volume V. Also see [0070-0074]).
As per claim 10, Yang in view of Takeshita and Imahama further discloses that the information processing device according to claim 1, wherein a value related to voice processing of emphasizing a speech is adjusted according to the viewing position, and the voice processing is controlled with the adjusted value (Imahama, [0033] The controller 2 adjusts an output volume and output timing of the center channel speaker 10-1, the left channel speaker 10-2, and the right channel speaker 10-3 of the sound bar 1 in accordance with an installation position of the sound bar 1 with respect to the television receiver 3 so that an optimum surround sound effect can be obtained at a predetermined viewing position (for example, a position in front of the television receiver 3 by a predetermined distance from the television receiver 3). Also see [0068]).
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7. Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Takeshita and Shintani ( US 20100107184 A1).
As per claim 11, Yang in view of Takeshita does not seem to determine or identify whether a TV view/user is awake of sleeping, as a result, Yang falls shot to teach the information processing device according to claim 1, wherein adjustment is performed to reduce luminance of the display unit in a case where a state in which the user is not viewing is detected.
On the other hand, Shintani disclose a TV With Eye Detection. [0022] In one example implementation, if analysis of the user's eyes indicates that the viewer has fallen asleep, the TV could be instructed via a programmed processor to reduce the volume and/or picture brightness gradually and then go into a "standby" or "sleep" mode (i.e., the mode a user generally considers to be "off"). [0051] In certain implementations, the at least one characteristic is interpreted as an indication that the viewer is asleep. In certain implementations, the action comprises at least one of fading an audio volume of the television system, fading reducing a video brightness of the television system, and placing the television system in a "standby", "sleep" or "off" mode.
Before effective filling date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the teaching of Shintani with Yang in view of Takeshita.
The suggestion /motivation for doing so would have been to provide improved convenience to the television viewing user. For example , detection of the state of a viewer can allow the TV to save energy and/or add to user convenience. The television device can be adapted to detect a state of attention it is receiving from the viewers and modify its operational state or the operational state of associated or integrated devices (see Shintani, [0017], 0020, 0022, etc.)
Therefore, it would have been obvious to combine Shintani with Yang in view of Takeshita to obtain the invention as specified in claim 11.
As per claim 12, Yang in view of Takeshita and Shintani further discloses that the information processing device according to claim 1, wherein adjustment is performed to reduce luminance of the display unit in a case where it is detected that the user has moved out of an imaging range by the imaging device (Shintani, [0028] if the brightness is fading, the viewer may be diverting attention from the television system or falling asleep and if the eyes are closed, the viewer can be presumed to have left the room or be asleep. Various actions can be taken as a result of this analysis, and the example process 100 is but one example. Also see [0029]).
Allowable Subject Matter
8. Claims 4 and 5 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. The prior art of records does not teach the language of claim 4, wherein the information processing device according to claim 1, wherein the image quality is adjusted to saturation corresponding to the changed viewing position in a case where the viewing position is changed. The prior art of records does not teach the information processing device according to claim 4, wherein the saturation of the display unit is increased in a case where the changed viewing position becomes farther than the viewing position before the change, and the saturation is decreased in a case where the changed viewing position becomes closer.
Conclusion
9. THIS ACTION IS MADE FINAL. 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.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TADESSE HAILU whose telephone number is (571)272-4051; and the email address is Tadesse.hailu@USPTO.GOV. The examiner can normally be reached Monday- Friday 9:30-5:30 (Eastern time).
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, Bashore, William L. can be reached (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TADESSE HAILU/Primary Examiner, Art Unit 2174
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