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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/10/2024 and 01/29/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Detailed Action
Response to Arguments
Applicants’ arguments and amendments filed on 06/22/2026 have been fully considered and not found persuasive. The rejection of claims 3-5 under 35 U.S.C. 112(b) is withdrawn in view of Applicant's amendments. Furthermore, the previous ground of rejections has been maintained and a new ground of rejections has been added to show applicant that the amended independent claim 1 is still so broad that not only Immonen previously cited anticipates all limitations recited but also Hashimoto anticipates them as well (see rejections set forth below).
Regarding independent claim 1, the Applicant argues that the Immonen reference does not teach or disclose: “the gain setting part includes a first gain setting part configured to set the first gain corresponding to the operation amount, and a second gain setting part configured to set the second gain corresponding to the operation amount, and in response to a change in the operation amount, set a change in the second gain to be smaller than a change in the first gain.”
Applicant states that Figure 3 of Immonen merely derives the vibration level as a dependent function of the already-determined audio level, and therefore fails to teach setting the first gain and the second gain corresponding to the user's operation amount.
The Examiner respectfully disagrees with Applicant's arguments and maintains the rejection. Under the broadest reasonable interpretation, the present claim language broadly provides a setting of a first gain and a second gain based on the operation amount. Immonen provides a user setting for the second amplification related to sound output, which reads on the claimed first gain, and maps the user-selected second amplification to a corresponding first amplification related to vibration output, which reads on the claimed second gain. Therefore, both the first and second amplifications are set corresponding to the operation amount provided by the user. Accordingly, Immonen satisfies the claimed first gain setting part and second gain setting part (See Immonen: ¶¶ 0027- 0031, 0078, and Figs. 1-2).
The applicant further argues that Immonen does not set a change in the second gain to be smaller than a change in the first gain. However, as clearly can be seen from the mapping shown in Figure 3 of Immonen, for a change in the SPL associated with the sound output, the corresponding VAL associated with the vibration output changes by a smaller amount at SPL levels above the threshold LL. Therefore, the gain related to vibration output changes by a smaller amount than the gain related to sound output in response to the corresponding change in the operation amount (See Immonen: ¶¶ 0050-0053, and Fig. 3).
Accordingly, Applicant's arguments do not overcome the rejection of amended claim 1 over Immonen.
Claim Rejections – 35 USC Code § 102
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; or
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.
Claims 1 and 3-5 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Immonen et al. (US 2024/0284103 A1 and hereafter Immonen).
Regarding claim 1, Immonen (US 20240284103 A1) discloses bodily-sensible acoustic device (fig.1 #100; ¶ 0019 “sound and vibration reproduction arrangement”) that outputs sounds and vibrations to a user according to audio signals, the bodily-sensible acoustic device comprising (¶ 0019 “simultaneous reproduction of both sound and vibration is implied”):
an operation part (figs.1, and 2 “Control Input”) that is operated by a user (¶ 0078 “the control input signal may be provided by a user via user I/O components #340”);
a speaker (fig.1 #130) arranged in a position that allows the user to hear a sound output from the speaker (¶¶ 0022-0026);
an amplifier (fig.2 #116) configured to amplify an input audio signal at a first gain to output the amplified input audio signal (¶¶ 0027-0028, and 0030, second frequency band processing portion #116 provides an amplification, via a “first gain”, of the second frequency band for acoustic sound output via the speaker part of sound reproduction apparatus #130, therefore processing portion #116 constitutes an amplifier);
a vibrator (fig.1 #130) arranged in a position that enables vibrations of the vibrator to be transmitted to the user (¶ 0023, sound reproduction apparatus #130, may comprise a sound reproduction assembly (i.e. speaker) and a vibration apparatus (i.e. vibrator) separately);
a vibration driver (fig.2 #114) configured to vibrate the vibrator according to a signal obtained by amplifying the input audio signal at a second gain (¶¶ 0027-0028, and 0030, first frequency band processing portion #114 provides an amplification, via a “second gain”, of the first frequency band for vibration output via the vibrator part of sound reproduction apparatus #130, therefore processing portion #114 constitutes a vibration driver); and
a gain setting part (fig.1, 2 #120) configured to set the first gain and the second gain according to an operation amount of the operation part, where the first gain and the second gain are set to have different gain characteristics (¶ 0027, control portion #120 separately controls amplification of the first and second frequency bands, and therefore provides separate first and second gains for each respective first and second frequency band; see also ¶¶ 0032-0033, and Fig. 3 showing different amplification characteristics),
wherein the gain setting part includes
a first gain setting part configured to set the first gain corresponding to the operation amount (as shown in figure 2, control portion #120 provides a 2nd amplification which can read on the claimed “first gain” for setting an amplification of 2nd band processing portion #116), and
a second gain setting part configured to set the second gain corresponding to the operation amount (as shown in figure 2, control portion #120 provides a 1st amplification which can read on the claimed “second gain” for setting an amplification of 1st band processing portion #114), and
in response to a change in the operation amount, set a change in the second gain to be smaller than a change in the first gain (¶¶ 0050-0053, and Fig. 3; Immonen discloses a mapping between the SPL associated with the sound output and the corresponding VAL associated with the vibration output, wherein, for SPL levels above the threshold LL, a change in the SPL results in a corresponding change in the VAL that is smaller than the change in the SPL. Thus, the vibration-related first amplification, which reads on the claimed second gain, changes by a smaller amount than the sound-related second amplification, which reads on the claimed first gain, in response to the corresponding change in the user-controlled operation amount).
Regarding claim 3, Immonen further discloses:
The bodily-sensible acoustic device according to claim 1 (as discussed above), wherein the vibrator is disposed on a surface of a seat on which the user sits, or inside the seat (the sound and vibration reproduction assembly including the vibration-producing actuator may be arranged within cushioning of a chair or seat, ¶ 26; see also ¶¶ 22-23).
Regarding claim 4, Immonen further discloses:
The bodily-sensible acoustic device according to claim 3 (as discussed above), wherein the vibrator is disposed on a seating surface of the seat, or a backrest of the seat (the sound and vibration reproduction assembly including the vibration-producing actuator may be arranged in a backrest of the seat, ¶ 26; see also ¶¶ 22-23).
Regarding claim 5, Immonen further discloses:
The bodily-sensible acoustic device according to claim 1 (as discussed above), wherein the speaker is disposed on a surface of a headrest of a seat on which the user sits, or inside the headrest (the sound reproduction assembly includes a loudspeaker arranged inside padding, ¶ 23, and the sound and vibration reproduction assembly may be arranged in a headrest of the seat, ¶ 26).
Claims 1, 3 and 6 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Hashimoto et al. (hereafter Hashimoto, US 20200389730 A1).
Regarding claim 1, Hashimoto teaches:
A bodily-sensible acoustic device (vibration output apparatus 1, Fig. 1, and ¶ 53) that outputs sounds and vibrations to a user according to audio signals (full-range speakers SP1 and SP2 and subwoofer SW, ¶¶ 55, 57, and Fig. 1), the bodily-sensible acoustic device comprising:
an operation part (volume setting device 20, ¶ 56, Fig. 1) that is operated by a user;
a speaker (full-range speakers SP1 and SP2, ¶ 57) arranged in a position that allows the user to hear a sound output from the speaker;
an amplifier (first amplifier 31, ¶ 58, Fig. 1) configured to amplify an input audio signal at a first gain (signal level of sound, ¶ 121) to output the amplified input audio signal;
a vibrator (subwoofer SW, ¶ 57, Fig. 1) arranged in a position that enables vibrations of the vibrator to be transmitted to the use;
a vibration driver (second amplifier 32, ¶¶ 58 and 150, Figs. 1 and 23) configured to vibrate the vibrator according to a signal obtained by amplifying the input audio signal at a second gain (signal level of vibration, ¶ 121) ; and a gain setting part (volume controller 400, ¶ 121, and Fig. 1) configured to set the first gain and the second gain according to an operation amount of the operation part (reads on: volume controller 400 controls the signal level of the sound and the signal level of the vibration in accordance with the volume level set by volume setting device 20, ¶ 121, Figs. 1, and 17), where the first gain and the second gain are set to have different gain characteristics (reads on: the sound output level and vibration output level are controlled according to different characteristics relative to the volume level set by volume setting device 20, ¶¶ 122-124, and Fig. 17),
wherein the gain setting part includes a first gain setting part configured to
set the first gain corresponding to the operation amount (reads on: sound level control function of volume controller 400, wherein the signal output level of the sound is set in accordance with and in proportion to the volume level set by volume setting device 20, ¶¶ 121-122, and Fig. 17), and
a second gain setting part configured to set the second gain corresponding to the operation amount (reads on: vibration level control function of volume controller 400, wherein the output level of the vibration is set in accordance with the volume level set by volume setting device 20, ¶¶ 121-123, and Fig. 17), and
in response to a change in the operation amount, set a change in the second gain to be smaller than a change in the first gain (reads on: when the volume level set by volume setting device 20 is increased or reduced within the range of -40 dB to 0 dB, the sound level has a variation/control range of -40 dB to 0 dB while the vibration level has a narrower variation/control range of -10 dB to 0 dB, ¶¶ 123-124 and 152, Fig. 17).
Regarding claim 3, Hashimoto teaches:
wherein the vibrator is disposed on a surface of a seat on which the user sits, or inside the seat (reads on: subwoofer SW is installed inside the seating portion of the seat, ¶ 57, Figs. 1 and 23).
Regarding claim 6, Hashimoto teaches:
wherein each of the first gain and the second gain is in a proportional relationship with the operation amount (reads on: the signal output level of the sound and the output level of the vibration are set in relation to the volume level set by volume setting device 20, ¶¶ 122-123, Fig. 17), where a proportional constant of the first gain and a proportional constant of the second gain are set to be different from each other (reads on: between an input volume level of -40 dB and 0 dB, the sound output level changes from -40 dB to 0 dB while the vibration output level changes from -10 dB to 0 dB, thereby providing different proportional relationships, ¶¶ 122-123, and Fig. 17).
Claim Rejections – 35 USC Code § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being obvious over Hashimoto et al. (hereafter Hashimoto, US 20200389730 A1) as applied to claims 1 and 3 above, in view of Immonen et al. (hereafter Immonen, US 20240284103 A1).
Regarding claim 4, Hashimoto does not teach: wherein the vibrator is disposed on a seating surface of the seat, or a backrest of the seat.
However, Immonen discloses a sound and vibration reproduction assembly comprising an actuator configured to generate vibration (actuator of sound and vibration reproduction apparatus 130, ¶¶ 22-23) wherein, when the sound and vibration reproduction assembly is arranged in cushioning of a seat, the assembly may be arranged in a backrest of the seat (¶ 26).
Thus, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to modify the location of the vibrator/subwoofer of Hashimoto to be disposed in the backrest of the seat, as taught by Immonen. The rationale to do so is to place the assembly in an alternative location expressly taught by Immonen to effectively transmit vibration from a seat to a seated user.
Regarding claim 5, Hashimoto does not teach: The bodily-sensible acoustic device according to claim 1, wherein the speaker is disposed on a surface of a headrest of a seat on which the user sits, or inside the headrest.
However, Immonen discloses a sound reproduction assembly comprising a loudspeaker arranged inside padding such that audible sound is radiated through an outer surface of the padding (see Immonen, ¶ 23), and further discloses that, when the sound reproduction assembly is arranged in cushioning of a seat, the assembly may be arranged in a headrest of the seat in close proximity to the head of a person sitting in the seat (see Immonen, ¶ 26).
Thus, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the application to modify the placement of the full range speakers of Hashimoto such that the speakers are disposed in the headrest, as taught by Immonen, in order to position the sound reproduction assembly in close proximity to the head of the seated user and thereby predictably and effectively provide audible sound to the user.
Conclusion
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/PRADIP C. PODDER/
Examiner, Art Unit 2694
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
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