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 09/24/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claims 1 and 2 have the limitations in this application that use the word “means” are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre- AIA 35 U.S.C. 112, sixth paragraph limitation:
reproduction means, (Fig. 3, item 105)
transmission means (Fig. 3, item 106)
reception means (Fig. 5 item 123)
sub-reproduction means (Fig. 5 item 124)
setting means, ¶ [0053] and Fig.6.
If applicant wishes to provide further explanation or dispute the examiner's interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9,2011 ).
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 20170223457 A1), and further in view of Fischer (US 20180367939 A1).
Regarding claim 1, Park (US 20170223457 A1) sound bar device, comprising a plurality of speakers (Park, Fig. 13), the sound bar device further comprising:
a first housing including, in a front surface thereof, a corresponding one of the plurality of speakers to which a center channel is assigned (Park, Fig. 13, item 1300; ¶ [0281]: “a system is configured to include a main speaker”);
a second housing including, in a front surface thereof, a corresponding one of the plurality of speakers to which a left channel is assigned, the second housing being removable from and mountable on a left side of the first housing (Park, Fig. 13, item 1310; ¶ [0282]: “sub speakers 1310 and 1320 are connected to the main
speaker 1300 by wire or wireless to enable communications and designed to be detachably attached to the main speaker 1300.”) and
a third housing including, in a front surface thereof, a corresponding one of the plurality of speakers to which a right channel is assigned, the third housing being removable from and mountable on a right side of the first housing (Park, Fig, 16, Separated); and
an external device connection means for connecting to an external device configured to transmit a multi-channel audio signal (Park, ¶ [0008]: “a bi-directional communication (Channel) with an external mobile device as well as with the sub speaker and the main speaker.”);
main reproduction means for extracting and reproducing, from the multi-channel audio signal received from the external device (source) (Park, ¶ [0012]: “connecting a communication (channel) with the main speaker by wire or wireless, if the communication is connected, outputting a first audio signal received from the main speaker, and if the sub speaker is separated from the main speaker, outputting a second audio signal received from a second source device.”) an audio signal of a channel assigned to the corresponding one of the plurality of speakers included in the main housing (Park, Fig. 29, item S2910) and outputting the reproduced audio signal from the corresponding one of the plurality of speakers (Park, Fig. 29, item S2940); and
audio signal transmission means for extracting, for each of the sub-housings, from the multi-channel audio signal received from the external device (Park, Fig. 27a, b), an audio signal of a channel assigned to the corresponding one of the plurality of speakers included in the each of the sub-housings (Park, Fig. 27a, b; items 2710, 2700, 2770), and transmitting the extracted audio signal to the each of the sub-housings (Park, Fig. 27a, b, separate channel for TV, mobile device), and wherein each of the sub-housings includes:
audio signal reception means for receiving the audio signal from the main housing (Park, ¶ [0012]: “sub speaker capable of receiving audio signals from a main speaker and an external device”); and
sub-reproduction means for reproducing the audio signal received from the main housing and outputting the reproduced audio signal from the corresponding one of the plurality of speakers included in the each of the sub-housings (Park, ¶ [0302]: “a main speaker and two sub speakers are in ‘coupled’ state, a standard mode is recognized, hence, each of a first sub speaker and a second sub speaker outputs an audio signal of a virtual front channel”).
However, Park fails to teach, remaining two sub-housings.
In an analogous field of endeavor, Fischer (US 20180367939 A1) discloses remaining two are sub-housings (Fischer, Fig. 3, items 306c, 306d; ¶ [0038]: “the speakers 306 are arranged in a nominal 5.1 surround sound arrangement so that speakers 306a and 306b are the L/R ide channel speakers, 306c and 306d are
the L/R surround channel speakers”).
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 housing, the second housing, and the third housing is a main housing, and remaining two thereof are sub-housings as taught by Fischer in Park’s invention. The motivation is to provide a housing for the various speaker arrangements.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 20170223457 A1), and further in view of Fischer (US 20180367939 A1).
Regarding claim 2, the combination of Park and Fischer discloses all the limitations of claim 1.
Fischer further discloses wherein each of the second housing and the third housing further includes, in an upper surface thereof, a corresponding one of the plurality of speakers to which a height channel is assigned (Fischer, ¶ [0026]: “The speaker can be oriented in one of a number of different orientations, such as vertically or horizontally. It transmits its orientation information to a renderer that transmits appropriate speaker feeds to the speaker based on its orientation. The speaker may comprise an integrated speaker having front-firing and
upward-firing drivers, a sensor determines the orientation of the speaker and a transceiver and control unit that transmits the orientation to a decoder/renderer and receives updated speaker feeds based on the orientation.”), and wherein the main housing further includes:
change instruction reception means for receiving a channel change instruction (Fischer, ¶ [0026]: “transmits its orientation information to a renderer that transmits appropriate speaker feeds to the speaker based on its orientation.”); and
channel setting means for changing, when the channel change instruction is received by the change instruction reception means, channels assigned to corresponding two of the plurality of speakers included in the second housing in the front surface and the upper surface thereof to the right channel and a right surround channel, respectively, and changing channels assigned to corresponding two of the plurality of speakers included in the third housing in the front surface and the upper surface thereof to the left channel and a left surround channel, respectively (Fischer, Fig. 2, items 205, 206, 208; this speaker can be collocated on the right or the left side, Fig. 3. ¶ [0040]: “The AVR … provides a connection point for multiple source devices, and the AVR is responsible for switching among the inputs.”).
Regarding claim 3, the combination of Park, and Fischer discloses all the limitations of claim 2.
Fischer further discloses wherein the second housing further includes, in a left side surface thereof (Fischer, Fig. 6B, item 602; Fig. 3, items 306b, 306d), a corresponding one of the plurality of speakers to which the left surround channel is assigned, wherein
the third housing further includes, in a right-side surface thereof (Fischer, Fig. 6B, item 604, Fig. 3, items 306a, 306c), a corresponding one of the plurality of speakers to which the right surround channel is assigned, and wherein
the channel setting means is further configured to change, when the channel change instruction is received by the change instruction reception means, each of channels assigned to the corresponding one of the plurality of speakers included in second housing in the left side surface thereof and the corresponding one of the plurality of speakers included in the third housing in the right side surface thereof to the height channel (Fischer, Fig. 3, ¶ [0040]: “The AVR generally performs three functions. First, it provides a connection point for multiple source devices, and the AVR is responsible for switching among the inputs”, ¶ [0044]: “The AVR 305 communicates wirelessly with the speakers 306a-f.” see also FIG 6a & 6b).
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hong (US 20180184182 A1), and further in view of Fischer (US-20180367939-A1).
Regarding claim 4, Hong (US 20180184182 A1) discloses a method of setting a sound bar device including speakers of a plurality of channels (Hong, Fig. 3), the sound bar device further including:
a first housing including, in a front surface thereof, a corresponding one of the speakers to which a center channel is assigned (Hong, Fig. 12, item 229; ¶ [0100]: “a sound transducer for a low-frequency range, that is, a woofer speaker.”);
a second housing including, in a front surface and an upper surface thereof, corresponding two of the speakers, the second housing being removable from and mountable on a left side of the first housing (Hong, Fig. 9, item 130, 131; ¶ [0089]: “the enclosure surrounds the sound transducer for a mid-frequency range and the sound transducer for a high-frequency range and forms an outer appearance of the sound transducer part 130.”, detachable ¶ [0051]: “FIG. 3 is an exploded perspective view illustrating an example sound bar apparatus having a detachable sound transducer according to an example embodiment of the present disclosure.”); and
a third housing including, in a front surface and an upper surface thereof, corresponding two of the speakers, the third housing being removable from and mountable on a right side of the first housing (Hong, Fig. 3, Fig. 9, item 130, 131; ¶ [0089], ¶ [0051]).
However, Hong fails to disclose assigning, when the second housing is arranged with the upper surface thereof being directed upward on the left side of the first housing and the third housing is arranged with the upper surface thereof being directed upward on the right side of the first housing, a left channel and a height channel to the respective corresponding two of the speakers included in the second housing in the front surface and the upper surface thereof, and assigning a right channel and the height channel to the respective corresponding two of the speakers included in the third housing in the front surface and the upper surface thereof; and assigning, when the third housing is arranged with the upper surface thereof being directed leftward on the left side of the first housing and the second housing is arranged with the upper surface thereof being directed rightward on the right side of the first housing, the right channel and a right surround channel to the respective corresponding two of the speakers included in the second housing in the front surface and the upper surface thereof, and assigning the left channel and a left surround channel to the respective corresponding two of the speakers included in the third housing in the front surface and the upper surface thereof.
In an analogous field of endeavor, Fischer (US-20180367939-A1) discloses assigning, when the second housing is arranged with the upper surface thereof being directed upward on the left side of the first housing (Fischer, Fig. 1, item 106; ¶ [0033]: “The upward-firing driver may be installed at a fixed angle, or it may be installed such that the tilt angle may be adjusted manually.”, can be located on the left or right side); and the third housing is arranged with the upper surface thereof being directed upward on the right side of the first housing (Fischer, Fig. 1, item 106; ¶ [0033]: “The upward-firing driver may be installed at a fixed angle, or it may be installed such that the tilt angle may be adjusted manually.”, can be located on the left or right side); a left channel and a height channel to the respective corresponding two of the speakers included in the second housing in the front surface and the upper surface thereof (Fischer, Fig. 2, items 208 and 206; ¶ [0034]: “the integrated front/upward firing speaker receives two speaker feeds (channels) from an audio renderer. One speaker feed is used to drive the front-firing speaker driver or drivers (for example, the Left speaker feed), and the other speaker feed is used to drive the upward-firing speaker driver (for example, the Left Top Middle speaker feed)”), and assigning a right channel and the height channel to the respective corresponding two of the speakers included in the third housing in the front surface and the upper surface thereof (Fischer, Fig. 2, items 208 and 206; ¶ [0034]) ; and
assigning, when the third housing is arranged with the upper surface thereof being directed leftward on the left side of the first housing and the second housing is arranged with the upper surface thereof being directed rightward on the right side of the first housing (Fischer, Fig. 6B, items 602 and 604; ¶ [0050]: “left and right-angled side-firing drivers”).
the right channel and a right surround channel to the respective corresponding two of the speakers included in the second housing in the front surface and the upper surface thereof (Fischer, Fig. 2, items 206, 208; ¶ [0038]: “The speakers 306 are identical to one another but receive different speaker feeds from the renderer 305 based on their location within the room and orientation. As shown in FIG. 3, the speakers 306 are arranged in a nominal 5.1 surround sound arrangement so that speakers 306a and 306b are the L/R side channel
speakers, 306c and 306d are the L/R surround channel speakers, 306e is the subwoofer speaker and 306f is the center channel speaker.”) and
assigning the left channel and a left surround channel to the respective corresponding two of the speakers included in the third housing in the front surface and the upper surface thereof (Fischer, Fig. 2, items 206, 208; Fig. 3; ¶ [0038]).
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 housing is arranged with the upper surface thereof being directed upward on the left side of the first housing and the third housing is arranged with the upper surface thereof being directed upward on the right side of the first housing, a left channel and a height channel to the respective corresponding two of the speakers included in the second housing in the front surface and the upper surface thereof, and assigning a right channel and the height channel to the respective corresponding two of the speakers included in the third housing in the front surface and the upper surface thereof; and assigning, when the third housing is arranged with the upper surface thereof being directed leftward on the left side of the first housing and the second housing is arranged with the upper surface thereof being directed rightward on the right side of the first housing, the right channel and a right surround channel to the respective corresponding two of the speakers included in the second housing in the front surface and the upper surface thereof, and assigning the left channel and a left surround channel to the respective corresponding two of the speakers included in the third housing in the front surface and the upper surface thereof as taught by Fischer in Hong’s invention. The motivation is to provide a housing and arrangement, configuration of speakers in a surround sound immersive environment.
Regarding claim 5, the combination of Hong and Fischer discloses all the limitations of claim 4.
Fischer further discloses, wherein the second housing further includes, in a left side surface thereof, a corresponding one of the speakers (Fischer, Fig. 6B, item 602), wherein
the third housing further includes, in a right-side surface thereof, a corresponding one of the speakers (Fischer, Fig. 6B, item 604), and wherein the method further comprises:
assigning, when the second housing is arranged with the upper surface thereof being directed upward on the left side (Fischer, Fig. 2, item 208, this housing can be positioned on either side) of the first housing and
the third housing is arranged with the upper surface thereof being directed upward on the right side (Fischer, Fig. 2, item 208, this housing can be positioned on ither side) of the first housing,
the left surround channel to the corresponding one of the speakers included in the second housing in the left side surface (Fischer, Fig. 3, item 306b; ¶ [0038]) thereof, and
assigning the right surround channel to the corresponding one of the speakers accommodated in the right-side surface (Fischer, Fig. 3, item 306a; ¶ [0038]) of the third housing; and
assigning, when the third housing is arranged with the upper surface thereof being directed leftward on the left side (Fischer, Fig. 2, items 205 and 208, this housing can be positioned on ither side) of the first housing and
the second housing is arranged with the upper surface thereof being directed rightward on the right side (Fischer, Fig. 2, items 205 and 208, this housing can be positioned on ither side) of the first housing,
the height channel to each of the corresponding one of the speakers included in the second housing in the left side surface thereof and the corresponding one of the speakers included in the third housing in the right side surface thereof (Fischer, Fig. 2, ¶ [0034]: “ a height signal to be played through the upward-firing driver 208 of the speaker”, these housings can be placed on right and on the left side as in Fig. 3, items 306a and 306b are the L/R side channel speakers).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN EDWARDS can be reached at (571)270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
/FRIEDRICH FAHNERT/
Examiner
Art Unit 2692
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