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 .
Allowable Subject Matter
Claim(s) 10-14, 24-30 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.
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) 1-3, 6, 9, 15-17, 20, 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soulier et al. (US 12,543,121 B2) and Schmidt et al. (US 2025/0024189 A1).
Claim 1, Soulier et al. disclose of a method of processing audio data, comprising: obtaining, at a computing device, sensing information from an audio device outputting a spatial audio stream for a user, wherein the audio device includes a first audio output device and a second audio output device (fig.2 (201/203); col.15 line 30-50) ; determining, based on the sensing information, that the second audio output device is not in use (col.15 line 30-50); modifying the spatial audio stream based on determining that the second audio output device is not in use and providing the modified spatial audio stream to the first audio output device (fig.2 (201/203); col.15 line 30-50).
However, Soulier et al. never specify the aspect as modifying the spatial audio according to a head pose of the user to create a modified spatial audio stream, However, Schmidt disclose of the similar aspect related to a certain method as modifying the spatial audio according to a head pose of the user to create a modified spatial audio stream (par [96-97]; fig.9 (934. 946)). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to a certain method as modifying the spatial audio according to a head pose of the user to create a modified spatial audio stream so as to provide the high quality sound according to user’s fixed location.
2. The method of claim 1, further comprising:obtaining motion information related to motion of the user from at least the first audio output device; and determining the head pose of the user based on the motion information (Sch-fig.9 (934); par [96-97]).
3. The method of claim 1, wherein the sensing information indicates that the second audio output device is decoupled from the user, the first audio output device, or the computing device, and further comprising: detecting, based on the sensing information, decoupling of the second audio output device from the user, the first audio output device, or the computing device (sou- col.15 line 30-50).
6. The method of claim 1, wherein obtaining the sensing information includes receiving the sensing information from the first audio output device or the second audio output device (Sch-fig.9 (934); par [96-97]).
9. The method of claim 1, wherein determining that the first audio output device or the second audio output device is not in use comprises: receiving, at the computing device, a message from the first audio output device or the second audio output device indicating that the first audio output device or the second audio output device is not in use (Sou-fig.2 (201/203); col.15 line 30-50).
Claim 15, Soulier et al. disclose of an apparatus comprising: at least one memory; and at least one processor coupled to at least one memory and configured to: obtain sensing information from an audio device outputting a spatial audio stream for a user, wherein the audio device includes a first audio output device and a second audio output device (fig.2 (201/203); (fig.2 (201/203); col.15 line 30-50); determine, based on the sensing information, that the second audio output device is not in use (col.15 line 30-50);modify the spatial audio stream based on determining that the second audio output device is not in use and a head pose of the user to create a modified spatial audio stream; and provide the modified spatial audio stream to the first audio output device (fig.2 (201/203); col.15 line 30-50).
However, Soulier et al. never specify the aspect as modify the spatial audio according to a head pose of the user to create a modified spatial audio stream, However, Schmidt disclose of the similar aspect related to a certain apparatus as modify the spatial audio according to a head pose of the user to create a modified spatial audio stream (par [96-97]; fig.9 (934. 946)). Thus, one of the ordinary skills in the art could have modified the prior art by adding such noted aspect related to a certain method as modifying the spatial audio according to a head pose of the user to create a modified spatial audio stream so as to provide the high quality sound according to user’s fixed location.
.
Similarly, the claim(s) 16-17, 20, 23 which in substance disclose of the same features as noted in claim(s) 1-3, 6, 9 have been analyzed and rejected accordingly.
Claim(s) 4, 7, 18, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soulier et al. (US 12,543,121 B2) and Schmidt et al. (US 2025/0024189 A1) and Steele (US 11,800,269 B2)..
4. The method of claim 1, although, lacking is concerning as wherein obtaining the sensing information includes receiving the sensing information from a proximity sensor of the second audio output device.
However, Steele disclose of the similar method wherein obtaining the sensing information includes receiving the sensing information from a proximity sensor of the second audio output device (fig.3 (129); col.7 line 35-67). Thus, one of the ordinary skills in the art could have modified the art by adding such noted method wherein obtaining the sensing information includes receiving the sensing information from a proximity sensor of the second audio output device so as to determine whether each earbud are located near a particular object.
Claim 7. The method of claim 1, but the prior art never specify as wherein determining that the second audio output device is not in use comprises: determining that a distance between the second audio output device and a head of the user is greater than a threshold distance.
However, Steele disclose of the similar aspect related to as determining that the second audio output device is not in use comprises: determining that a distance between the second audio output device and a head of the user is greater than a threshold distance (col.10 line 15-30). Thus, one of the ordinary skills in the art could have modified the prior art by adding such method related as determining that the second audio output device is not in use comprises: determining that a distance between the second audio output device and a head of the user is greater than a threshold distance for determining that the device is not proximity to user’s ear.
Similarly, the claim(s) 18, 21 which in substance disclose of the same features as noted in claim(s) 4, 17 have been analyzed and rejected accordingly.
Claim(s) 5, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soulier et al. (US 12,543,121 B2) and Schmidt et al. (US 2025/0024189 A1) and Lee et al. (US 2020/0336817 A1).
5. The method of claim 1, but the prior art never specify as wherein obtaining the sensing information includes receiving the sensing information from a pressure sensor of the first audio output device or the second audio output device.
However, the prior art as in Lee et al. disclose of the similar method regarding obtaining the sensing information includes receiving the sensing information from a pressure sensor of an output device (par [70]). Thus, one of the ordinary skills in the art could have modified the prior art regarding such obtaining the sensing information includes receiving the sensing information from a pressure sensor of an output device so as to detect the operational state of the device.
Similarly, the claim(s) 19 which in substance disclose of the same features as noted in claim(s) 5 have been analyzed and rejected accordingly.
Claim(s) 8, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Soulier et al. (US 12,543,121 B2) and Schmidt et al. (US 2025/0024189 A1) and Boesen (US 10, 698,983 B2).
8. The method of claim 1, although, the prior art lacked such method as wherein determining that the second audio output device is not in use comprises: determining a signal strength of a signal from the audio device.
However, Boesen disclose of the similar method wherein determining that the second audio output device is not in use comprises: determining a signal strength of a signal from the audio device (col.8 line 25-40). Thus, one of the ordinary skills in the art could have modified the prior art by adding such aspect regarding method wherein determining that the second audio output device is not in use comprises: determining a signal strength of a signal from the audio device for determining proximity of various devices to one another.
Although, none of the prior art specify such method as determining that the second audio output device is separated from a head of the user based on the signal strength. But, one of the ordinary skills in the art could have varied the aspect regarding signal strength in regard to determine proximity and also proximity to user’s ear as a whole, by adding such specific as determining that the second audio output device is separated from a head of the user based on the signal strength base on combination for achieving the same result as determining device operation according to signal strength.
Similarly, the claim(s) 22 which in substance disclose of the same features as noted in claim(s) 8 have been analyzed and rejected accordingly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DISLER PAUL whose telephone number is (571)270-1187. The examiner can normally be reached 9:00-6:00 M-F.
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/DISLER PAUL/Primary Examiner, Art Unit 2695
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