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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-5, 8-9, 11-14, 17-18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin et al (US 20230308827 A1).
With respect to claim 1, Shin discloses a method comprising:
determining a location of a speaker (fig.1 #105) relative to one or more other speakers (fig.1 #110,120,130)(Par.[0023] a relative location of user device #105 may be determined with respect to audio playback devices #110,120,130; Par.[0028] user device #105 may be a speaker, such as earbuds or an augmented reality or virtual reality headset, or a device that comprises a speaker, such as a mobile phone, laptop or portable gaming console); and
in response to a change in the location of the speaker relative to the one or more
other speakers, dynamically modifying audio playback of at least one of the speaker or
the one or more other speakers such that the modifying of the audio playback continually occurs while the change in the location of the speaker occurs (Par.[0027] audio output from each of the audio playback devices #110,120,130 may be modified to provide a spatialized audio experience for the user based on the determined current location; Par.[0060] the spatialized audio output may be continuously adjusted based on an updated location of the user).
With respect to claim 2, Shin discloses the method of claim 1, wherein the audio playback includes at least one audio playback property including, audio content, output volume, output directionality, output spatialization, frequency response, portions of an audio signal, channel assignment of an audio signal in a stereo configuration, or channel assignment of an audio signal in a surround sound configuration (Par.[0027]).
With respect to claim 3, Shin discloses the method of claim 1, wherein determining the location of the speaker relative to the one or more other speakers is based on at least one of, radio frequency (RF) based proximity detection, ultra-wide band (UWB) based proximity detection (Par.[0024] “UWB”), Bluetooth based proximity detection, or acoustic feedback-based proximity detection.
With respect to claim 4, Shin discloses the method of claim 3, wherein determining the location of the speaker relative to the one or more speakers is based on the radio frequency (RF) based proximity detection (Par.[0024] UWB is a radio frequency based technology), wherein at least one speaker includes a set of RF anchors (fig.3B #306,307) configured to aid in the RF based proximity detection (Par.[0037]).
With respect to claim 5, Shin discloses the method of claim 4, wherein the at least one speaker includes two or more RF anchors (fig.3B #306,307) and has a known orientation relative to a space (Par.[0037]).
With respect to claim 8, Shin discloses the method of claim 1, wherein dynamically modifying the audio playback includes indicating a transitional state of the audio playback during the change in location, wherein indicating the transitional state includes at least one of, fading audio in or out, increasing or decreasing volume, or providing a visual or audible indicator of the transitional state (Par.[0027] audio playback devices may output different relative volumes based on the determined relative locations, wherein a change in volume is an indication of a transitional state of a change in relative location).
With respect to claim 9, Shin discloses the method of claim 1, wherein the one or more other speakers are located in a space and wherein the change in location of the speaker is either, into or out of the space, or within the space (Par.[0039] As shown in figure 4, the change in location may be within a common space).
With respect to claim 11, Shin discloses the method of claim 1, wherein determining the location of the speaker relative to the one or more other speakers is dictated by a proximity detection approach of a host speaker in a space (Par.[0044] “The sensors 295 may be capable of detecting relative proximity of the wearable device 505 to the audio playback devices 510”).
With respect to claim 12, Shin discloses a speaker (fig.1 #105; fig.5 #505), comprising:
an electro-acoustic transducer (Par.[0028] user device #105/505 may comprise a an electro-acoustic transducer, such as earbuds or an augmented reality or virtual reality headset, or a device that comprises a speaker, such as a mobile phone, laptop or portable gaming console); and
a processor (fig.5 #291; Par.[0042]) coupled with the electro-acoustic transducer, the processor programmed to:
determine a location of the speaker relative to one or more other speakers (fig.1 #110,120,130; fig.5 #510) (Par.[0023] a relative location of user device #105 may be determined with respect to audio playback devices #110,120,130); and
in response to a change in the location of the speaker relative to the one or
more other speakers, provide instructions to dynamically modify audio playback
of at least one of the speaker or the one or more other speakers such that the
modifying of the audio playback continually occurs while the change in the
location of the speaker occurs (Par.[0027] audio output from each of the audio playback devices #110,120,130 may be modified to provide a spatialized audio experience for the user based on the determined current location; Par.[0060] the spatialized audio output may be continuously adjusted based on an updated location of the user).
With respect to claim 13, Shin discloses the speaker of claim 12, wherein the audio playback includes at least one audio playback property including,
audio content, output volume, output directionality, output spatialization, frequency response, portions of an audio signal, channel assignment of an audio signal in
a stereo configuration, or channel assignment of an audio signal in a surround sound
configuration (Par.[0027]).
With respect to claim 14, Shin discloses the speaker of claim 12, wherein determining the location of the speaker relative to the one or more other speakers is based on at least one of, radio frequency (RF) based proximity detection, ultra-wide band (UWB) based proximity detection (Par.[0024] “UWB”), Bluetooth based proximity detection, or acoustic feedback-based proximity detection.
With respect to claim 17, Shin discloses the speaker of claim 12, wherein dynamically modifying the audio playback includes indicating a transitional state of the audio playback during the change in location, wherein indicating the transitional state includes at least one of, fading audio in or out, increasing or decreasing volume, or providing a visual or audible indicator of the transitional state (Par.[0027] audio playback devices may output different relative volumes based on the determined relative locations, wherein a change in volume is an indication of a transitional state of a change in relative location).
With respect to claim 18, Shin discloses the speaker of claim 12, wherein the one or more other speakers are located in a space and wherein the change in location of the speaker is either, into or out of the space, or within the space (Par.[0039] As shown in figure 4, the change in location may be within a common space).
With respect to claim 20, Shin discloses the speaker of claim 12, wherein determining the location of the speaker relative to the one or more other speakers is dictated by a proximity detection approach of a host speaker in a space (Par.[0044] “The sensors 295 may be capable of detecting relative proximity of the wearable device 505 to the audio playback devices 510”).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al (US 20230308827 A1) in view of Schevciw et al (US 20210409888 A1).
With respect to claim 6, Shin discloses the method of claim 4, however does not disclose expressly wherein the at least one speaker includes a soundbar.
Scheviciw discloses a method of modifying audio playback of at least one speaker (fig.16 #1602), wherein the speaker includes a soundbar (Par.[0293]).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use a soundbar as the at least one speaker of Shin, as performed by Schevciw. The motivation for doing so would have been to implement the modification of audio playback in commonly known speaker devices, such as soundbars.
With respect to claim 15, Shin discloses the speaker of claim 14, wherein determining the location of the speaker relative to the one or more speakers is
based on the radio frequency (RF) based proximity detection (Par.[0024] UWB is a radio frequency based technology), wherein the speaker includes a set of at least two RF anchors (fig.3B #306,307) configured to aid in the RF based proximity
detection, and wherein the speaker has a known orientation relative to a space (Par.[0037]).
Shin does not disclose expressly wherein the at least one speaker includes a soundbar.
Scheviciw discloses a method of modifying audio playback of at least one speaker (fig.16 #1602), wherein the speaker includes a soundbar (Par.[0293]).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use a soundbar as the at least one speaker of Shin, as performed by Schevciw. The motivation for doing so would have been to implement the modification of audio playback in commonly known speaker devices, such as soundbars.
Claim(s) 7and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al (US 20230308827 A1) in view of Van Leest et al (US 20100135118 A1).
With respect to claim 7, Shin discloses the method of claim 3, however does not disclose expressly wherein determining the location of the speaker relative to the one or more speakers is based on the acoustic feedback-based proximity detection, the method further comprising, detecting, using at least one microphone at the speaker or the one or more speakers, at least one acoustic signal from another speaker in a space, and determining the location of the speaker relative to the one or more speakers based
on the at least one acoustic signal.
Van Leest discloses a method of determining the location of a speaker (fig.2a “L1”) relative to the one or more speakers (fig.2a “L2”) is based on the acoustic feedback-based proximity detection, the method further comprising, detecting, using at least one microphone (fig.2a “M2”) at the speaker or the one or more speakers, at least one acoustic signal (fig.2a “SN”) from another speaker in a space, and determining the location (fig.2a “d1,2”) of the speaker relative to the one or more speakers based on the at least one acoustic signal (Par.[0044-0052]).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use the acoustic feedback processing of Van Leest to determine the location of the speakers of Shin. The motivation for doing so would have been to simplify the components needed in determining the location by implementing only a microphone and processing circuitry.
With respect to claim 16, Shin discloses the speaker of claim 14, however does not disclose expressly wherein determining the location of the speaker relative to
the one or more speakers is based on the acoustic feedback-based proximity detection, the processor further programmed to, detect, using at least one microphone at the speaker or the one or more speakers, at least one acoustic signal from another speaker in a space, and determine the location of the speaker relative to the one or more speakers based on the at least one acoustic signal.
Van Leest discloses a method of determining the location of a speaker (fig.2a “L1”) relative to the one or more speakers (fig.2a “L2”) is based on the acoustic feedback-based proximity detection, the method further comprising, detecting, using at least one microphone (fig.2a “M2”) at the speaker or the one or more speakers, at least one acoustic signal (fig.2a “SN”) from another speaker in a space, and determining the location (fig.2a “d1,2”) of the speaker relative to the one or more speakers based on the at least one acoustic signal (Par.[0044-0052]).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use the acoustic feedback processing of Van Leest to determine the location of the speakers of Shin. The motivation for doing so would have been to simplify the components needed in determining the location by implementing only a microphone and processing circuitry.
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al (US 20230308827 A1) in view of Carlsson et al (US 9232335 B2).
With respect to claim 10, Shin discloses the method of claim 9, however does not disclose expressly wherein the space is defined by a proximity border, and wherein movement of the speaker relative to the proximity border triggers at least one audio transition experience, wherein the audio transition experience includes at least one of: a first experience wherein, the speaker is outputting audio prior to the change in location and the one or more speakers is not outputting audio prior to the change in location, in response to the speaker entering the proximity border, initiating audio output at the one or more speakers, and maintaining the audio output at the one or more speakers in response to the speaker subsequently leaving the proximity border, a second experience wherein, the speaker is outputting audio prior to the change in location and the one or more speakers is not outputting audio prior to the change in location, in response to the speaker entering the proximity border, initiating audio output at the one or more speakers, and terminating the audio output at the one or more speakers in response to the speaker subsequently leaving the proximity border, a third experience wherein, the speaker is not outputting audio prior to the change in location and the one or more speakers is outputting audio prior to the change in location, and in response to the speaker entering the proximity border, initiating audio output at the speaker, a fourth experience wherein, the speaker and the one or more speakers are outputting audio prior to the change in location, and in response to the speaker entering the proximity border, re-assigning a role of at least one speaker, or a fifth experience wherein, the speaker and the one or more speakers are not outputting audio prior to the change in location, and in response to the speaker entering the proximity border, assigning a role
to the speaker configured to take effect in response to a subsequent trigger.
Carlsson discloses an experience wherein a speaker (fig.4 #12; fig.1 #12/16) changes location by entering or leaving a proximity border (fig.4 Rooms A and B are separated by a proximity border such as a wall #130), in response to the speaker entering the proximity border one or more speakers (fig.4 #40) initiate audio output and in response to the speaker subsequently leaving the proximity border, terminating or deenergizing the one or more speakers (#40), as described in the second experience of the claim (See: col.10 ln.3-27).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use the energizing or de-energizing of the one or more speakers Shin based on a proximity border of the speaker, as provided by Carlsson. The motivation for doing so would have been to activate speakers as a user enters a room.
The combination of Shin and Carlsson does not disclose expressly wherein the speaker of device #12 is outputting audio prior to the change in location, as required by the second experience. However, it is an inherent feature of mobile devices equipped with loudspeakers, such as the device #12 of Shin and Carlsson to provide a capability of outputting an audio signal. Therefore the device #12 of Carlsson contains the inherent capability of outputting audio prior to entering the proximity border.
With respect to claim 19, Shin discloses the speaker of claim 18, however does not disclose expressly wherein the space is defined by a proximity border, and wherein movement of the speaker relative to the proximity border triggers at least one audio transition experience, wherein the audio transition experience includes at least one of:
a first experience wherein, the speaker is outputting audio prior to the change in location and the one or more speakers is not outputting audio prior to the change in location, in response to the speaker entering the proximity border, initiating audio output at the one or more speakers, and maintaining the audio output at the one or more speakers in response to the speaker subsequently leaving the proximity border, a second experience wherein, the speaker is outputting audio prior to the change in location and the one or more speakers is not outputting audio prior to the change in location, in response to the speaker entering the proximity border, initiating audio output at the one or more speakers, and terminating the audio output at the one or more speakers in response to the speaker subsequently leaving the proximity border, a third experience wherein, the speaker is not outputting audio prior to the change in location and the one or more speakers is outputting audio prior to the change in location, and in response to the speaker entering the proximity border, initiating audio output at the speaker, a fourth experience wherein, the speaker and the one or more speakers are outputting audio prior to the change in location, and in response to the speaker entering the proximity border, re-assigning a role of at least one speaker, or a fifth experience wherein, the speaker and the one or more speakers are not outputting audio prior to the change in location, and in response to the speaker entering the proximity border, assigning a role
to the speaker configured to take effect in response to a subsequent trigger.
Carlsson discloses an experience wherein a speaker (fig.4 #12; fig.1 #12/16) changes location by entering or leaving a proximity border (fig.4 Rooms A and B are separated by a proximity border such as a wall #130), in response to the speaker entering the proximity border one or more speakers (fig.4 #40) initiate audio output and in response to the speaker subsequently leaving the proximity border, terminating or deenergizing the one or more speakers (#40), as described in the second experience of the claim (See: col.10 ln.3-27).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to use the energizing or de-energizing of the one or more speakers Shin based on a proximity border of the speaker, as provided by Carlsson. The motivation for doing so would have been to activate speakers as a user enters a room.
The combination of Shin and Carlsson does not disclose expressly wherein the speaker of device #12 is outputting audio prior to the change in location, as required by the second experience. However, it is an inherent feature of mobile devices equipped with loudspeakers, such as the device #12 of Shin and Carlsson to provide a capability of outputting an audio signal. Therefore the device #12 of Carlsson contains the inherent capability of outputting audio prior to entering the proximity border.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Po (US 20170280265 A1) discloses a method to determine loudspeaker change of placement.
Yamaji (US 11974101 B2) discloses a reproduction device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin 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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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/Primary Examiner, Art Unit 2695