Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . See 35 U.S.C. § 100 (note).
Art Rejections
Anticipation
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.
Claims 1, 2, 4–6, 8, 11 and 13–15 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by US Patent Application Publication 2011/0235825 (published 29 September 2011) (“Okabayashi”).
Claim 1 is drawn to “a computer-implemented method for controlling an audio processing apparatus.” The following table illustrates the correspondence between the claimed method and the Okabayashi reference.
Claim 1
The Okabayashi Reference
“1. A computer-implemented method for controlling an audio processing apparatus, the method comprising:
Okabayashi describe a mixer and a method for controlling the mixer. Okabayashi at Abs., ¶ 18, FIG.1. The mixer corresponds to the claimed audio processing apparatus. The mixer includes a CPU 28, DSP12 and ROM 30 to control operation of mixer 1 in a computer-implemented method. Id. at ¶¶ 19, 20, FIG.1.
“adjusting, by at least one processor, a first audio signal in accordance with a first parameter to generate a first signal; …
“adjusting, by the at least one processor, a second audio signal in accordance with a third parameter to generate a third signal;
Okabayashi’s mixer 1 includes a DSP 12 having an input patch 108 that receives inputs from multiple sources 2, 6, 10 and produces 128 channels of audio. Id. at ¶¶ 21, 22, FIG.2. Channels 1 and 2 correspond to the claimed first and second audio signals.
DSP 12 further has an input channel adjustment unit 112 for each of the 128 channels. Id. Each unit 112 includes a main system unit 150, direct out setting unit 170 and first mix send unit 190. Id. at ¶ 26, FIG.3. Main system unit 150 includes a fader 160 that adjusts the level of its channel from input patch 108 according to a fader value. Id. at ¶¶ 27, 28, FIG.3. The main fader value set for channels 1 and 2 correspond to first and third parameters. The resulting output 164 for each of channels 1 and 2 corresponds to one of the claimed first signal and third signal.
“adjusting, by the at least one processor, the first audio signal in accordance with a second parameter to generate a second signal; …
“adjusting, by the at least one processor, the second audio signal in accordance with a fourth parameter to generate a fourth signal;
Direct out setting unit 170 and first mix send unit 190 further adjusts each channel audio in accordance with a parameter by fader linking units 180 and 200. Id. at ¶ 31, 38, 39, FIG.3. In channel 1, the fader parameter applied by fader linking unit 200 corresponds to a second parameter applied to channel 1 audio, or a first audio signal. In channel 2, the fader parameter applied by fader linking unit 200 corresponds to a fourth parameter applied to channel 2 audio, or a second audio signal.
“mixing, by the at least one processor, the first signal and the third signal;
ST bus 118 mixes the DCA outputs of input channel adjustment units 112. Id. at ¶ 23, FIG.2.
“mixing, by the at least one processor, the second signal and the fourth signal;
Further, each channel’s audio from first mix send unit 190 is mixed at mix bus 116. Id. at ¶¶ 23, 35, 36, FIG.2.
“controlling, in the first operation mode, the third parameter in accordance with a third operation of a second operable element;
“controlling, in the first operation mode, the second parameter in accordance with a second operation different to the first operation;
“controlling, in the first operation mode, the third parameter in accordance with a third operation of a second operable element;
“controlling, in the first operation mode, the fourth parameter in accordance with a fourth operation different to the third operation;
Okabayashi’s mixer 1 operates in two modes. In a first mode, units 150, 170 and 190 are operated independently. Id. at ¶¶ 8, 9, 31. In as second mode, units 150, 170 and 190 are linked. Id.
Specifically, in the first mode, fader 160 is not linked to fader linking units 180 and 200. Id. Thus, the audio output level of unit is set by fader 160 while the output level of 170 and 190 are set in accordance with an operation of one of controls 174 and 194. Id.
“controlling, in a second operation mode, the first parameter and the second parameter in accordance with the first operation; and
“controlling, in the second operation mode, the third parameter and the fourth parameter in accordance with the third operation.”
In the second mode of operation, Okabayashi’s units 150, 170 and 190 are linked so that manipulation of fader 160 adjusts the output level of each unit 150, 170 and 190. Id. Thus, channel 1 and channel 2 are both adjusted in corresponding units 150 based on manipulation of corresponding fader 160 and channels 1 and 2 are adjusted in corresponding units 170 and 190 based on manipulation of fader 160. Id.
Table 1
For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Claim 2 depends on claim 1, and further requires the following:
“wherein the controlling, in the second operation mode, the first parameter and the second parameter in accordance with the first operation comprises controlling, in the second operation mode, the first parameter and the second parameter to be linked to each other in accordance with the first operation, and
“wherein the controlling, in the second operation mode, the third parameter and the fourth parameter in accordance with the third operation comprises controlling, in the second operation mode, the third parameter and the fourth parameter to be linked to each other in accordance with the third operation.”
In their second mode of operation, Okabayashi’s units 150, 170 and 190 are linked so that manipulation of fader 160 adjusts the output level of each unit 150, 170 and 190. Okabayashi at ¶¶ 8, 9, 31–39, 45. Thus, channel 1 and channel 2 are both adjusted in corresponding units 150 based on manipulation of corresponding fader 160 and channels 1 and 2 are adjusted in corresponding units 170 and 190 based on manipulation of fader 160. For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Claim 4 depends on claim 2, and further requires the following:
“further comprising: in response to the first operation mode being changed to the second operation mode:
“setting a value of the second parameter to a value of the first parameter at a point in time immediately before the first operation mode is changed to the second operation mode, and
“setting a value of the fourth parameter to a value of the third parameter at the point in time immediately before the first operation mode is changed to the second operation mode.”
When units 150, 170 and 190 are linked, the fader value set in unit 150 is applied to units 170 and 190. Okabayashi at ¶¶ 8, 9, 31–39, 45. For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Claim 5 depends on claim 1, and further requires the following:
“comprising: selecting, for each of a pair of the first parameter and the second parameter and a pair of the third parameter and the fourth parameter, an operation mode from among a plurality of operation modes including the first operation mode and the second operation mode.”
Likewise, a user of mixer 1 either links or unlinks units 150, 170 and 190 in each channel. Okabayashi at ¶¶ 8, 9, 31–39, 45. For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Claim 6 depends on claim 1, and further requires the following:
“comprising: adjusting, by the at least one processor, a third audio signal in accordance with a fifth parameter to generate a fifth signal;
“adjusting, by the at least one processor, the third audio signal in accordance with a sixth parameter to generate a sixth signal;
“mixing, by the at least one processor, the first signal, the third signal, and the fifth signal;
“mixing, by the at least one processor, the second signal, the fourth signal, and the sixth signal;
“controlling, in the first operation mode, the fifth parameter in accordance with a fifth operation of a fifth operable element;
“controlling, in the first operation mode, the sixth parameter in accordance with a sixth operation different to the fifth operation; and
“controlling, in the second operation mode, the fifth parameter and the sixth parameter in accordance with the fifth operation.”
This claim requires performing the same adjusting, mixing and controlling operations recited in claim 1 in a third signal. Okabayashi’s mixer 1 similarly includes support for up to 128 channels, meaning it can perform the claimed operations performed on channels 1 and 2 (shown to be anticipated in the rejection of claim 1, incorporated herein) on any of the other channels, corresponding to the claimed third signal. Okabayashi at ¶ 22. For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Claim 8 is drawn to “an audio processing apparatus.” The following table illustrates the correspondence between the claimed apparatus and the Okabayashi reference.
Claim 8
The Okabayashi Reference
“8. An audio processing apparatus comprising:
“at least one memory configured to store instructions; and
“at least one processor configured to execute the instructions to:
Okabayashi describe a mixer and a method for controlling the mixer. Okabayashi at Abs., ¶ 18, FIG.1. The mixer corresponds to the claimed audio processing apparatus. The mixer includes a CPU 28, DSP12 and ROM 30 to control operation of mixer 1 in a computer-implemented method. Id. at ¶¶ 19, 20, FIG.1.
“adjust a first audio signal in accordance with a first parameter to generate a first signal; …
“adjust a second audio signal in accordance with a third parameter to generate a third signal; …
Okabayashi’s mixer 1 includes a DSP 12 having an input patch 108 that receives inputs from multiple sources 2, 6, 10 and produces 128 channels of audio. Id. at ¶¶ 21, 22, FIG.2. Channels 1 and 2 correspond to the claimed first and second audio signals.
DSP 12 further has an input channel adjustment unit 112 for each of the 128 channels. Id. Each unit 112 includes a main system unit 150, direct out setting unit 170 and first mix send unit 190. Id. at ¶ 26, FIG.3. Main system unit 150 includes a fader 160 that adjusts the level of its channel from input patch 108 according to a fader value. Id. at ¶¶ 27, 28, FIG.3. The main fader value set for channels 1 and 2 correspond to first and third parameters. The resulting output 164 for each of channels 1 and 2 corresponds to one of the claimed first signal and third signal.
“adjust the first audio signal in accordance with a second parameter to generate a second signal;
“adjust the second audio signal in accordance with a fourth parameter to generate a fourth signal;
Direct out setting unit 170 and first mix send unit 190 further adjusts each channel audio in accordance with a parameter by fader linking units 180 and 200. Id. at ¶ 31, 38, 39, FIG.3. In channel 1, the fader parameter applied by fader linking unit 200 corresponds to a second parameter applied to channel 1 audio, or a first audio signal. In channel 2, the fader parameter applied by fader linking unit 200 corresponds to a fourth parameter applied to channel 2 audio, or a second audio signal.
mix the first signal and the third signal;
ST bus 118 mixes the DCA outputs of input channel adjustment units 112. Id. at ¶ 23, FIG.2.
“mix the second signal and the fourth signal;
Further, each channel’s audio from first mix send unit 190 is mixed at mix bus 116. Id. at ¶¶ 23, 35, 36, FIG.2.
“control, in a first operation mode, the first parameter in accordance with a first operation of a first operable element;
“control, in the first operation mode, the second parameter in accordance with a second operation different to the first operation;
“control, in the first operation mode, the third parameter in accordance with a third operation of a second operable element;
“control, in the first operation mode, the fourth parameter in accordance with a fourth operation different to the third operation;
Okabayashi’s mixer 1 operates in two modes. In a first mode, units 150, 170 and 190 are operated independently. Id. at ¶¶ 8, 9, 31. In as second mode, units 150, 170 and 190 are linked. Id.
Specifically, in the first mode, fader 160 is not linked to fader linking units 180 and 200. Id. Thus, the audio output level of unit is set by fader 160 while the output level of 170 and 190 are set in accordance with an operation of one of controls 174 and 194. Id.
“control, in a second operation mode, the first parameter and the second parameter in accordance with the first operation; and
“control, in the second operation mode, the third parameter and the fourth parameter in accordance with the third operation.”
In the second mode of operation, Okabayashi’s units 150, 170 and 190 are linked so that manipulation of fader 160 adjusts the output level of each unit 150, 170 and 190. Id. Thus, channel 1 and channel 2 are both adjusted in corresponding units 150 based on manipulation of corresponding fader 160 and channels 1 and 2 are adjusted in corresponding units 170 and 190 based on manipulation of fader 160. Id.
Table 2
For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Claim 11 depends on claim 8, and further requires the following:
“wherein the at least one processor is configured to execute the instructions to:
“control, in the second operation mode, the first parameter and the second parameter in accordance with the first operation by controlling, in the second operation mode, the first parameter and the second parameter to be linked to each other in accordance with the first operation; and
“control, in the second operation mode, the third parameter and the fourth parameter in accordance with the third operation by controlling, in the second operation mode, the third parameter and the fourth parameter to be linked to each other in accordance with the third operation.”
In their second mode of operation, Okabayashi’s units 150, 170 and 190 are linked so that manipulation of fader 160 adjusts the output level of each unit 150, 170 and 190. Okabayashi at ¶¶ 8, 9, 31–39, 45. Thus, channel 1 and channel 2 are both adjusted in corresponding units 150 based on manipulation of corresponding fader 160 and channels 1 and 2 are adjusted in corresponding units 170 and 190 based on manipulation of fader 160. For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Claim 13 depends on claim 11, and further requires the following:
“wherein the at least one processor is configured to execute the instructions to:
“in response to the first operation mode being changed to the second operation mode:
“set a value of the second parameter to a value of the first parameter at a point in time immediately before the first operation mode is changed to the second operation mode, and
“set a value of the fourth parameter to a value of the third parameter at the point in time immediately before the first operation mode is changed to the second operation mode.”
When units 150, 170 and 190 are linked, the fader value set in unit 150 is applied to units 170 and 190. Okabayashi at ¶¶ 8, 9, 31–39, 45. For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Claim 14 depends on claim 8, and further requires the following:
“wherein the at least one processor is configured to execute the instructions to:
“select, for each of a pair of the first parameter and the second parameter and a pair of the third parameter and the fourth parameter, an operation mode from among a plurality of operation modes including the first operation mode and the second operation mode.”
Likewise, a user of mixer 1 either links or unlinks units 150, 170 and 190 in each channel. Okabayashi at ¶¶ 8, 9, 31–39, 45. For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Claim 15 depends on claim 8, and further requires the following:
“wherein the at least one processor is configured to execute the instructions to:
“adjust a third audio signal in accordance with a fifth parameter to generate a fifth signal;
“adjust the third audio signal in accordance with a sixth parameter to generate a sixth signal;
“mix the first signal, the third signal, and the fifth signal;
“mix the second signal, the fourth signal, and the sixth signal;
“control, in the first operation mode, the fifth parameter in accordance with a fifth operation of a fifth operable element;
“control, in the first operation mode, the sixth parameter in accordance with a sixth operation different to the fifth operation; and
“control, in the second operation mode, the fifth parameter and the sixth parameter in accordance with the fifth operation.”
This claim requires performing the same adjusting, mixing and controlling operations recited in claim 1 in a third signal. Okabayashi’s mixer 1 similarly includes support for up to 128 channels, meaning it can perform the claimed operations performed on channels 1 and 2 (shown to be anticipated in the rejection of claim 1, incorporated herein) on any of the other channels, corresponding to the claimed third signal. Okabayashi at ¶ 22. For the foregoing reasons, the Okabayashi reference anticipates all limitations of the claim.
Obviousness
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 7, 9, 10 and 16 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Okabayashi and US Patent Application Publication 2020/0241831 (published 30 July 2020) (“Takahashi”).
Claim 7 depends on claim 1, and further requires the following:
“comprising:
“providing a first output signal to a sound emitter, the first output signal being obtained by mixing the first signal and the third signal; and
“transmitting a second output signal to an information apparatus via a communication network, the second output signal being obtained by mixing the second signal and the fourth signal.”
Similarly, Okabayashi describes outputting a first output signal by mixing a first and third signal (e.g., channels 1 and 2 output by units 150) and outputting the mixed signal to a sound emitter, like through a DA converter 4. Okabayashi at ¶¶ 19, 25, FIGs.1, 2. Okabayashi also describes outputting a second output signal by mixing third and fourth signals (e.g., channels 1 and 2 output by one of units 170, 190) and outputting the mixed signal to a digital output 7. Id. Okabayashi does not describe transmitting the digital output 7 over a communication network.
Takahashi, like Okabayashi, is drawn to a mixer. Takahashi further teaches and suggests improving a mixer by providing it with both an audio interface 203 and a network interface 205. Takahashi at ¶¶ 21–28, FIGs.1, 2. In this way, the mixer is able to output audio directly to connected speakers or to remote speakers connected through a network. Id. These teachings from Takahashi would have reasonably suggested modifying Okabayashi’s mixer 1 to similarly include an audio interface 108 and a network interface 101 so that audio produced by DA converter 4 may be emitted by speakers and so that audio output by digital output 7 may be transmitted remotely over a network. For the foregoing reasons, the combination of the Okabayashi and the Takahashi references makes obvious all limitations of the claim.
Claim 9 depends on claim 8, and further requires the following:
“comprising: a housing accommodating the at least one memory and the at least one processor,
“wherein the first operation is an operation of a physical operable element provided within the housing,
“wherein the third operation is an operation of a physical operable element provided within the housing,
“wherein the second operation is an operation of a virtual operable element displayed on a display, and
“wherein the fourth operation is an operation of a virtual operable element displayed on the display.”
Claim 10 depends on claim 9, and further requires the following:
“comprising: a selection operable element configured to select the first operation mode or the second operation mode, wherein the selection operable element is a virtual operable element displayed on the display.”
Claims 9 and 10 are treated together. The Takahashi reference, like Okabayashi, is drawn to a mixer. Takahashi further teaches and suggests that a mixer may have a housing with a physical fader panel 252 and a touch screen display 251. Id. at ¶ 48, FIG.8. Takahashi further teaches implementing virtual faders through the GUI presented on touch screen display 251. Id. This reasonably suggests modifying Okabayashi’s mixer 1 to similarly be contained in a housing that has a physical fader panel for user input and a display that provides additional virtual user inputs through a GUI presented on the display. Given the flexibility inherent in programming computers, it would have also been obvious to program Okabayashi’s mixer 1 to use any of the physical or virtual user inputs to control the faders and mode of the mixer, including using physical controllers for controlling Okabayashi’s mixer elements 160 while using virtual controllers for everything else, including setting the levels of units 170 and 190 and enabling/disabling a link mode. For the foregoing reasons, the combination of the Okabayashi and the Takahashi references makes obvious all limitations of the claims.
Claim 16 depends on claim 8, and further requires the following:
“wherein the at least one processor is configured to execute the instructions to:
“provide a first output signal to a sound emitter, the first output signal being obtained by mixing the first signal and the third signal; and
“transmit a second output signal to an information apparatus via a communication network, the second output signal being obtained by mixing the second signal and the fourth signal.”
Similarly, Okabayashi describes outputting a first output signal by mixing a first and third signal (e.g., channels 1 and 2 output by units 150) and outputting the mixed signal to a sound emitter, like through a DA converter 4. Okabayashi at ¶¶ 19, 25, FIGs.1, 2. Okabayashi also describes outputting a second output signal by mixing third and fourth signals (e.g., channels 1 and 2 output by one of units 170, 190) and outputting the mixed signal to a digital output 7. Id. Okabayashi does not describe transmitting the digital output 7 over a communication network.
Takahashi, like Okabayashi, is drawn to a mixer. Takahashi further teaches and suggests improving a mixer by providing it with both an audio interface 203 and a network interface 205. Takahashi at ¶¶ 21–28, FIGs.1, 2. In this way, the mixer is able to output audio directly to connected speakers or to remote speakers connected through a network. Id. These teachings from Takahashi would have reasonably suggested modifying Okabayashi’s mixer 1 to similarly include an audio interface 108 and a network interface 101 so that audio produced by DA converter 4 may be emitted by speakers and so that audio output by digital output 7 may be transmitted remotely over a network. For the foregoing reasons, the combination of the Okabayashi and the Takahashi references makes obvious all limitations of the claim.
Summary
Claims 1, 2 4–11 and 13–16 are rejected under at least one of 35 U.S.C. §§ 102 and 103 as being unpatentable over the cited prior art. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention.
Allowable Subject Matter
Claims 3 and 12 are objected to for reciting allowable subject matter while depending on a rejected base claim. The claims would be allowable if rewritten in independent form, including all limitations of their base claim and any and all intervening claims.
Claim 3 depends on claim 2, and further requires the following:
“further comprising: in response to the second operation mode being changed to the first operation mode:
“releasing a state in which the first parameter and the second parameter are linked to each other while maintaining a value of the second parameter at a point in time immediately before the second operation mode is changed to the first operation mode; and
“releasing a state in which the third parameter and the fourth parameter are linked to each other while maintaining a value of the fourth parameter at the point in time immediately before the second operation mode is changed to the first operation mode.”
Claim 12 recites substantially similar subject matter.
In Okabayashi, when units 150, 170 and 190 are unlinked, the fader value set in unit 150 is no longer applied to unit 170 and 190. However, this will bypass fader linking units 180 and 200, causing the level applied to the outputs of units 180 and 200 to vary from the level applied in unit 150. Units 170 and 190 will then reflect a level set exclusively by their respective level modules 174, 194. Okabayashi does not describe adjusting the level modules 174, 194 to maintain the same level as when fader 160 is reflected in units 170 and 190. For the foregoing reasons, the claims are allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WALTER F BRINEY III whose telephone number is (571)272-7513. The examiner can normally be reached M-F 8 am-4:30 pm.
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/Walter F Briney III/
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
Walter F Briney IIIPrimary ExaminerArt Unit 2692
3/13/2026