DETAILED ACTION
This Office Action is in response to Application 18/905,100 filed on 10/02/2024.
In the instant application, claims 1, 15 and 19 are independent claims; Claims 1-20 have been examined and are pending. This action is made non-final.
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 .
Drawings
The drawings submitted on 10/02/2024 are acceptable.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/13/2024, 07/10/2025, 10/14/2025, 11/04/2025, 12/16/2025, 02/24/2026, 03/19/2026 and 09/21/2026 were filed before the mailing date of the first office action on the merits. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Allowable Subject Matter
Claims 4 and 9-13 are objected to as being dependent upon a rejected based 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 § 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)(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.
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.
Claims 1-3, 5-6, 8 and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Killham et al. (“Killham,” US 2017/0374486), published on Dec. 28, 2017.
Regarding claim 1, Killham teaches a method, comprising:
displaying, by an electronic device (Killham: 0019 and Fig. 1; client device 120), a user interface element (Killham: ¶0020 and Fig. 1; the client device 120 initially obtains multimedia content 102 including a set of audio streams 104 over the network 105. The digital content 102 is then provided for output through the headset 130 as the interface 132. The user interface 132 enables the digital content 102 to be viewable to the user 132. The user interface 132 also includes spatial positions that are each assigned to objects 134a-134c. Note: objects 134a-134c are interpreted as user interface element);
tracking, by the electronic device, a location of a user action (Killham: ¶0020 and Fig. 1; user input such as head movement or eye tracking of the user 122 is then detected by the headset 130 during playback of the digital content 102 on the interface 132. ¶0026; the client device 120 can include multiple sensors that are capable of tracking user input data during playback of the multimedia content 102. For example, the sensors of the client device 120 may track head and/or eye movement of the user 122 relative to the user’s field of view on the interface 132);
generating, while tracking the location of the user action, an audio stream corresponding to the tracked location of the user action (Killham: ¶0020 and Fig. 1; the detected user input is then evaluated in relation to spatial positions within the interface 132 in order to determine position audio adjustment 106 associated with the output of each of the audio streams 104 for output to the user. ¶0022; a gaze point of the user is then evaluated against the respective spatial locations assigned to the interface elements 134a-134c in order to adjust the audio provided to the user), the audio stream comprising null audio content (Killham: ¶0022 and Fig. 1; the audio adjustment can either be a binary adjustment that either enables or disables output of a particular audio stream (Note: disables output of a particular audio stream is interpreted as null audio content), or a magnitude adjustment that adjusts a volume of output of an individual audio stream based on measured distance between the spatial position of the gaze point 101 and each of the assigned spatial positions of the interface elements 134a-134c. ¶0021; each of the artists are associated with audio streams A, B, C, respectively, within the list of audio streams 104. For example, each individual audio stream may include isolated audio data encoding sound produced specifically by the corresponding music artist);
in response to a determination that the location of the user action corresponds to a location of the user interface element, replacing the null audio content in the audio stream with audio content corresponding to an audio effect for the user interface element (Killham: ¶0046 and Fig. 3A; at each instance, the position tracker 310a initially determines a gaze point 302 associated with the user 122, and then evaluates the gaze point 302 in relation to spatial positions associated with the target objects 322, 322b, and 322c. The gaze point evaluation is then used by the audio assigner 310b to generate a set of positional audio assignment instructions 314, 324, and 334 for each instance. In this regard, the audio adjustment module 310 tracks the gaze of the user 122 and processes corresponding real-time audio adjustments based on the gaze of the user); and
generating, with one or more speakers of the electronic device, an audio output corresponding to the audio stream that includes the audio content corresponding to the audio effect (Killham: ¶0047-0049 and Fig. 3A; the position tracker 310a determines that the gaze point 302a corresponding to the determined gaze point 302a of the user 122 is within a vicinity of the spatial location assigned to the target object 322. In response to this determination, the audio assigner 310b then generates instructions 314 that assign the output of audio stream 314a corresponding to the target object 322. As shown, the instructions 314 specify only output of the audio stream 314a based on the close proximity of the gaze point 302a and the spatial position assigned to the target object 322. ¶0073; Audio codec 560 can likewise generate audible sound for a user, such as through a speaker, e.g., in a handset of device 550. Such sound can include sound from voice telephone calls, can include recorded sound, e.g., voice messages, music files, etc. and can also include sound generated by applications operating on device 550).
Regarding claim 2, Killham teaches the method of claim 1,
Killham also teaches: wherein generating the audio stream comprises applying a spatialization process, based on the tracked location, to the null audio content (Killham: ¶0022 and Fig. 1; the audio adjustment can either be a binary adjustment that either enables or disables output of a particular audio stream (Note: disables output of a particular audio stream is interpreted as null audio content), or a magnitude adjustment that adjusts a volume of output of an individual audio stream based on measured distance between the spatial position of the gaze point 101 and each of the assigned spatial positions of the interface elements 134a-134c. ¶0021; each of the artists are associated with audio streams A, B, C, respectively, within the list of audio streams 104. For example, each individual audio stream may include isolated audio data encoding sound produced specifically by the corresponding music artist).
Regarding claim 3, Killham teaches the method of claim 2,
Killham also teaches: wherein generating the audio output comprises: applying the spatialization process, based on the location of the user interface element, to the audio stream including the audio content corresponding to the audio effect; and operating multiple speakers of the electronic device to generate the audio output according to the audio stream that includes the audio content corresponding to the audio effect and has had the spatialization process applied based on the location of the user interface element (Killham: ¶0047-0049 and Fig. 3A; the position tracker 310a determines that the gaze point 302a corresponding to the determined gaze point 302a of the user 122 is within a vicinity of the spatial location assigned to the target object 322. In response to this determination, the audio assigner 310b then generates instructions 314 that assign the output of audio stream 314a corresponding to the target object 322. As shown, the instructions 314 specify only output of the audio stream 314a based on the close proximity of the gaze point 302a and the spatial position assigned to the target object 322. ¶0073; Audio codec 560 can likewise generate audible sound for a user, such as through a speaker, e.g., in a handset of device 550. Such sound can include sound from voice telephone calls, can include recorded sound, e.g., voice messages, music files, etc. and can also include sound generated by applications operating on device 550)..
Regarding claim 5, Killham teaches the method of claim 3,
Killham also teaches: wherein applying the spatialization process, based on the location of the user interface element comprises: in response to the determination that the location of the user action corresponds to the location of the user interface element, replacing the tracked location of the user action with the location of the user interface element in the spatialization process (Killham: ¶0047-0049 and Fig. 3A; the position tracker 310a determines that the gaze point 302a corresponding to the determined gaze point 302a of the user 122 is within a vicinity of the spatial location assigned to the target object 322. In response to this determination, the audio assigner 310b then generates instructions 314 that assign the output of audio stream 314a corresponding to the target object 322. As shown, the instructions 314 specify only output of the audio stream 314a based on the close proximity of the gaze point 302a and the spatial position assigned to the target object 322. ¶0073; Audio codec 560 can likewise generate audible sound for a user, such as through a speaker, e.g., in a handset of device 550. Such sound can include sound from voice telephone calls, can include recorded sound, e.g., voice messages, music files, etc. and can also include sound generated by applications operating on device 550).
Regarding claim 6, Killham teaches the method of claim 1,
Killham also teaches: wherein the location of the user action comprises a gaze location Killham: ¶0047-0049 and Fig. 3A; the position tracker 310a determines that the gaze point 302a corresponding to the determined gaze point 302a of the user 122 is within a vicinity of the spatial location assigned to the target object 322).
Regarding claim 8, Killham teaches the method of claim 1,
Killham also teaches: while generating the audio output corresponding to the audio stream that includes the audio content corresponding to the audio effect, generating a new audio stream corresponding to the tracked location of the user action and including the null audio content (Killham: ¶0022 and Fig. 1; the audio adjustment can either be a binary adjustment that either enables or disables output of a particular audio stream (Note: disables output of a particular audio stream is interpreted as null audio content), or a magnitude adjustment that adjusts a volume of output of an individual audio stream based on measured distance between the spatial position of the gaze point 101 and each of the assigned spatial positions of the interface elements 134a-134c. ¶0021; each of the artists are associated with audio streams A, B, C, respectively, within the list of audio streams 104. For example, each individual audio stream may include isolated audio data encoding sound produced specifically by the corresponding music artist).
Regarding claim 14, Killham teaches the method of claim 1,
Killham also teaches: wherein tracking the location of the user action comprises tracking the location of the user action while the user interface element is displayed (Killham: ¶0020 and Fig. 1; the detected user input is then evaluated in relation to spatial positions within the interface 132 in order to determine position audio adjustment 106 associated with the output of each of the audio streams 104 for output to the user. ¶0022; a gaze point of the user is then evaluated against the respective spatial locations assigned to the interface elements 134a-134c in order to adjust the audio provided to the user).
Regarding claims 15-18, these claims are directed to a non-transitory computer readable medium storing instructions to execute the method as claimed in claims 1-3 and 5, respectively; Claims 15-18 are similar scope to claims 1-3 and 5, respectively and are therefore rejected under similar rationale.
Regarding claim 19, this claim is directed to an electronic device (Killham: ¶0062 and Fig. 5; computing device 500), comprising: a memory; and one or more processors (Killman: ¶0062 and Fig. 5; computing device includes a processor 502 and memory 504) executing the method as claimed in claim 1; Claim 19 is similar to claim 1 and is therefore rejected under similar rationale.
Regarding claim 20, Killham teaches the electric device of claim 19,
Killham also teaches: wherein the location of the user action comprises at least one of a gaze location (Killham: ¶0020 and Fig. 1; user input such as head movement or eye tracking of the user 122 is then detected by the headset 130 during playback of the digital content 102 on the interface 132. ¶0026; the client device 120 can include multiple sensors that are capable of tracking user input data during playback of the multimedia content 102. For example, the sensors of the client device 120 may track head and/or eye movement of the user 122 relative to the user’s field of view on the interface 132) and a location of at least a part of a hand of a user of the electronic device.
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 at the time any inventions covered therein were effectively filed absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned at the time a later invention was effectively filed 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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Killham as applied to claim 1 above in view of Hess (US 2011/0242102), published on Oct. 6, 2011.
Regarding claim 7, Killham teaches the method of claim 1,
Killham does not explicitly teach: wherein the location of the user action comprises a location of at least a part of a hand of a user of the electronic device.
However Hess teaches a vehicle user interface; wherein the location of the user action comprises a location of at least a part of a hand of a user of the electronic device (Hess: ¶0041, 0027-0028 and Fig. 1; the vehicle user interface unit 100 may be configured to provide acoustic feedback to the user 140 when the user-controlled object 150 is within a predetermined distance of an element of the 3D object 111 in the virtual 3D image 110. The acoustic feedback may reduce the attention required of the user 140 on the display 102 while operating the vehicle user interface 100. Example implementations may use a variety of techniques for providing user feedback including using different sounds being output for different events. For example, a first audio signal may provided when the finger of the user approaches the 3D object 111, which may be generated using a frequency that changes according to the distance from the 3D object 111. A second sound may be provided when the finger of the user virtually touches an interaction element)..
Accordingly, it would have been obvious to one of ordinary skill in the art , before the effective filing date of the claimed invention, having the teachings of Hess and Killham in front of them to include the method of providing feedback based on user’s finger action associated with an interaction element as disclosed by Hess with the positional audio assignment system of Hess to provide an effective, efficient and safe way to find the desired menu item while driving (Hess: ¶0007).
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
It is noted that any citation to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275,277 (CCPA 1968)).
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tam T. Tran whose telephone number is (571) 270-5029. The examiner can normally be reached M-F: 7:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William L. Bashore can be reached on 571-272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TAM T TRAN/Primary Examiner, Art Unit 2174
