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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/5/2011 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 15-18 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang (US 20260006401 A1).
Regarding claim 1, Zhang (US 20260006401 A1) discloses a method performed by at least one programmed processor (Zhang, Fig. 2, item 210) of a first electronic device, the method comprising:
driving a first speaker of the first electronic device using a mix of a first audio signal and a second audio signal (Zhang, ¶ [0064]: “ the host device may mix the left and right channels from the source into a monophonic audio stream and assign a default position to the monophonic audio stream within a 3D space” and ¶ [0066]: “if the listener removes an audio output device from their left ear, the spatial audio stream may include a right channel and may omit a left channel.”);
determining that the first electronic device is within a threshold distance of a second electronic device within an environment in which the first electronic device is located, the second electronic device comprising a second speaker (Zhang, Fig. 5B, items 504, 510, 506; ¶ [0061] and ¶ [0139]); and
responsive to the determining that the first electronic device is within the threshold distance,
causing the second electronic device to drive the second speaker with the second audio signal; and driving the first speaker using the first audio signal instead of the mix (Zhang, ¶ [0059]: “FIG. 5A illustrates a host device 502 to provide spatial audio to a left audio output device 504 and a right audio output device 506 to a listener 508 over a wireless communication link.”).
Regarding claim 15, Zhang (US 20260006401 A1) discloses a processor (Zhang, ¶ [0003]) of a headset (Zhang, ¶ [0088]) that is configured to:
playback a first sound and a second sound of audio content through a first speaker (Zhang, ¶ [0064]: “the host device may mix the left and right channels from the source into a monophonic audio stream and assign a default position to the monophonic audio stream within a 3D space” and ¶ [0066]: “if the listener removes an audio output device from their left ear, the spatial audio stream may include a right channel and may omit a left channel.”);
determine that an electronic device is to playback the first sound of the audio content through a second speaker (Zhang, ¶ [0039]: “each audio output device can receive and generate sound to provide an enhanced user interface for the host device”); and
responsive to determining that the electronic device is to playback the first sound,
transmit, via a wireless connection, a control signal to the electronic device to cause the electronic device to playback the first sound of the audio content through the second speaker (Zhang, ¶ [0038]: “as a mobile communication device (e.g., a smartphone), … can transmit audio data to a wireless audio output device”);
cease playing back the first sound of the audio content through the first speaker (Zhang, ¶ [0072]: “second audio output device is not in use…decoupling of the second audio output device from the user”); and
continue to playback the second sound of the audio content through the first speaker (Zhang, Fig. 6, item 620).
Regarding claim 3, Zhang discloses all the limitations of claim 1.
Zhang further discloses, wherein the first audio signal comprises sound of a first software application and the second audio signal comprises sound of a second software application (Zhang, ¶ [0063]: “a source (e.g., an application executing on the host device (software)) includes position information. For example, a music playback application that is providing a stereophonic audio track”, different audio for left and right ear).
Regarding claim 16, Zhang discloses all the limitation of claim 15.
Zhang further discloses a processor (Zhang, Fig. 2, item 210) configured to determine that the electronic device is within a threshold distance of the headset, wherein a determination that the electronic device is to playback the first sound is in response to determining that the electronic device is within the threshold distance (Zhang, Fig. 5B, items 504, 510, 506; ¶ [0061] and ¶ [0139]; ¶ [0029]: “ the sensing information can identify or indicate to the electronic device that a distance from a wireless earbud (e.g., a left earbud or a right earbud) to a person is greater than a threshold distance (e.g., 5 centimeters), and based on the sensing information, the electronic device can determine that the wireless earbud is not in use.”).
Regarding claim 17, Zhang discloses all the limitation of claim 16.
Zhang further discloses, wherein the electronic device is a first electronic device, wherein the processor is further configured to:
determine that the headset is within the threshold distance from a second electronic device (Zhang, Fig. 5B, items 504, 510, 506; ¶ [0061] and ¶ [0139]; ¶ [0029]: “the sensing information can identify or indicate to the electronic device that a distance from a wireless earbud); and
determine, for each of the first and second electronic devices, a device characteristic (device not in ear), wherein
determining that the electronic device is to playback the first sound comprises determining that the first electronic device is to playback the first sound of the audio content (Zhang, ¶ [0062]: “detect that a single audio output device is being used by the listener and may provide a spatial audio stream configured for that single audio output device that provides a single audio channel”) instead of the second electronic device based on a comparison of the device characteristics of the first and second electronic devices (Zhang, ¶ [0061]: “detecting that the left audio output device has been … removed”).
Regarding claim 18, Zhang discloses all the limitation of claim 17.
Zhang further discloses, wherein the device characteristics of the first and second electronic devices comprises at least one of locations, sensitivities, power ratings and playback availabilities of the first and second electronic devices (Zhang, Fig. 2, items 230; ¶ [0042]: “The discharged energy can be used to power the electrical components of audio output device”).
Regarding claim 20, Zhang discloses all the limitation of claim 16.
Zhang further discloses determine that the headset is outside the threshold distance from the electronic device (Zhang, ¶ [0029]:” The electronic device can determine, based on the sensing information, that the second audio output device is not in use. For example, the sensing information can identify or indicate to the electronic device that a distance from a wireless earbud (e.g., a left earbud or a right earbud) to a person is greater than a threshold distance (e.g., 5 centimeters), and based on the sensing information, the electronic device can determine that the wireless earbud is not in use.”); and
responsive to a determination that the headset is outside the threshold distance, transmit, via the wireless connection, another control signal to the electronic device to cause the electronic device to cease playback of the first sound; and
begin to playback the first and second sounds of the audio content through the first speaker (Zhang, Fig. 2, items 210, 230, 233; ¶ [0029]: “The electronic device can modify a spatial audio stream based on determining that the second audio output device is not in use. The electronic device provides the modified spatial audio stream to the first audio output device” and ¶ [0040]: “communication system 233 can include wireless and wired communication components for enabling the audio output device 230 to send and receive data/commands from the host device 210.”).
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:
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 20260006401 A1), and further in view of Souviraa (US 20230064627 A1).
Regarding claim 2, Zhang discloses all the limitations of claim 1.
However, Zhang fails to disclose wherein the first audio signal and the second audio signal include different portions of a piece of audio content.
In an analogous field of endeavor, Souviraa (US 20230064627 A1) discloses a first audio signal and the second audio signal include different portions of a piece of audio content (Souviraa, ¶ [0284]: “a first a first audio stream including all footstep sounds, for example, and a second audio stream including the rest of the game mix from the input audio stream”).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of a first audio signal and the second audio signal include different portions of a piece of audio content as taught by Souviraa in Zhang’s invention. The motivation is that the extracted sounds may be separately provided to the play or may be enhanced to improve the player's enjoyment and competitiveness in the game (Souviraa, ¶ [0036]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 20260006401 A1), and further in view of Giannuzzi (US 20150189423 A1).
Regarding claim 8, Zhang (US 20260006401 A1) discloses first electronic device comprising:
a first speaker (Zhang, Fig. 3, item 310);
at least one processor (Zhang, ¶ [0007]: “at least one processor”); and
memory having stored therein instructions which when executed by the at least one processor (Zhang, ¶ [0039]: “a processor that executes computer-readable instructions stored in a memory”) causes the first electronic device to:
receive audio content (Zhang, ¶ [0004]: “receive a stream of audio”),
determine that the first electronic device is within a physically audible range of a second electronic device (Zhang, ¶ [0061]), wherein
the second electronic device comprises a second speaker (Zhang, Fig. 3, item 320).
However, Zhang fails to disclose a second electronic device to playback a first portion of the audio content through the second speaker, and playback a second portion of the audio content through the first speaker.
In an analogous field of endeavor, Giannuzzi (US 20150189423 A1) discloses a second electronic device to playback a first portion of the audio content through the second speaker, and playback a second portion of the audio content through the first speaker (Giannuzzi, Figs. 4-6, items 500, 600, ¶ [0075-0076]).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of a second electronic device to playback a first portion of the audio content through the second speaker, and playback a second portion of the audio content through the first speaker as taught by Giannuzzi in Zhang’s invention. The motivation is to achieve audio (sonic) results desired, which closely approximate actual 5.1 and 7.1 sounds, and to achieve optimized audio for gaming purposes.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 20260006401 A1), in view of Giannuzzi (US 20150189423 A1), and further in view of Pike (US 20250258641 A1).
Regarding claim 9, the combination of Zhang and Giannuzzi disclose all the limitations of claim 8.
However, the combination of Zhang and Giannuzzi fails to disclose wherein the first portion of the audio content comprises direct sound and the second portion of the audio content comprises ambient sound.
In an analogous field of endeavor, Pike (US 20250258641 A1) discloses wherein the first portion of the audio content comprises direct sound and the second portion of the audio content comprises ambient sound (Pike, Fig. 8, item 863, 865; ¶ [0157-0158]).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of a first portion of the audio content comprises direct sound and the second portion of the audio content comprises ambient sound as taught by Pike in Zhang’s and Giannuzzi’s invention. The motivation is to provide a surround configuration.
Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 20260006401 A1), in view of Giannuzzi (US 20150189423 A1), and further in view of Silfvast (US 20240211200 A1).
Regarding claim 10, the combination of Zhang and Giannuzzi disclose all the limitations of claim 8.
However, the combination of Zhang and Giannuzzi fails to disclose, wherein the audio content is of an extended reality (XR) environment in which a first user of the first electronic device is participating, wherein the first portion of the audio content comprises speech of a second user who is participating within the XR environment.
In an analogous field of endeavor, Silfvast (US 20240211200 A1) discloses an audio content is of an extended reality (XR) environment in which a first user of the first electronic device is participating, wherein the first portion of the audio content comprises speech of a second user who is participating within the XR environment (Silfvast, Fig. 1; ¶ [0026] and ¶ [0039]: “the first user 110 and second user 130 is wearing a respective device 105, 125 configured with a respective speaker set 115, 135
(configured to provide audio 118, 138 near/on an ear 112, 132, respectively) and a sound capturing device set 116, 136, e.g., microphone, microphone array, beam-forming device, etc., positioned to capture speech or other sounds 107, 127 from a respective user 110, 130”).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of an audio content is of an extended reality (XR) environment in which a first user of the first electronic device is participating, wherein the first portion of the audio content comprises speech of a second user who is participating within the XR environment as taught by Silfvast in Zhang’s and Giannuzzi’s invention. The motivation is to hear sounds from select sound sources and/or ensure that their own voices and sounds are heard by intended recipients.
Regarding claim 12, the combination of Zhang and Giannuzzi disclose all the limitations of claim 8.
However, the combination of Zhang and Giannuzzi fails to disclose, wherein the memory has further instructions to decompose the audio content into the first portion and the second portion based on an audio characteristic of the audio content.
In an analogous field of endeavor, Silfvast (US 20240211200 A1) discloses to decompose the audio content into the first portion and the second portion based on an audio characteristic of the audio content (Silfvast, ¶ [0004]: “selectively send audio from an audio source (e.g., a talking user's voice captured by their device, a TV, etc.) to one or more listening users' devices and/or adjusts audio cancellation/transparency of environmental noise on the one or more listening users' devices in a given environment… based on the volume/whisper/other
characteristics of the audio source.”).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of an audio content is of an extended reality (XR) environment in which a first user of the first electronic device is participating, wherein the first portion of the audio content comprises speech of a second user who is participating within the XR environment as taught by Silfvast in Zhang’s and Giannuzzi’s invention. The motivation is to hear sounds from select sound sources and/or ensure that their own voices and sounds are heard by intended recipients.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 20260006401 A1), in view of Giannuzzi (US 20150189423 A1), and further in view of Eubank (US 20250113154 A1).
Regarding claim 14, the combination of Zhang and Giannuzzi disclose all the limitations of claim 8.
However, the combination of Zhang and Giannuzzi fails to disclose, wherein, wherein the first electronic device is a head mounted device and the first speaker is an extra-aural speaker.
In an analogous field of endeavor, Eubank (US 20250113154 A1) discloses an electronic device is a head mounted device and the first speaker is an extra-aural speaker (Eubank, ¶ [0034]: “headset with attached extra-aural speakers”, see also claim 3).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have used the teachings of an electronic device is a head mounted device and the first speaker is an extra-aural speaker as taught by Eubank in Zhang’s and Giannuzzi’s invention. The motivation is to produce spatially selective sound output, sound that are directed towards locations within the environment, such as towards the ears of the user.
Allowable Subject Matter
Claims 4-8, 11, 13 and 19 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRIEDRICH FAHNERT whose telephone number is (571)270-7797. The examiner can normally be reached 7:00 am-4:00 pm.
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/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
/FRIEDRICH FAHNERT/
Examiner
Art Unit 2692
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