DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
3. The information disclosure statement filed on March 24, 2025 has been considered and placed in the application file.
Claim Rejections - 35 USC § 112
4. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
5. Claims 16-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Independent Claim 16 is indefinite because it is unclear whether limitation “two or more candidate devices” in line 6 is the same “two or more candidate devices” as recited in line 5. If it is, the examiner suggests that applicant can amend “two or more candidate devices” in line 6 to read “the two or more candidate devices” to overcome this problem.
Claim 17 is indefinite because it is unclear whether limitation “a candidate device” in line 1 is the same “a candidate device” as recited in line 11 of claim 16. If it is, the examiner suggests that applicant can amend “a candidate device” in line 1 of claim 17 to read “the candidate device” to overcome this problem.
Claims 17-26 depend from claim 16, and are also rejected for the same reasons.
Independent Claim 27 is indefinite because it is unclear whether limitation “two or more candidate devices” in line 3 is the same “two or more candidate devices” as recited in line 2. If it is, the examiner suggests that applicant can amend “two or more candidate devices” in line 3 to read “the two or more candidate devices” to overcome this problem.
Claim 28 is indefinite because it is unclear whether limitation “a candidate device” in line 1 is the same “a candidate device” as recited in line 8 of claim 27. If it is, the examiner suggests that applicant can amend “a candidate device” in line 1 of claim 28 to read “the candidate device” to overcome this problem.
Claims 28-33 depend from claim 27, and are also rejected for the same reasons.
Independent Claim 34 is indefinite because it is unclear whether limitation “two or more candidate devices” in line 4 is the same “two or more candidate devices” as recited in line 3. If it is, the examiner suggests that applicant can amend “two or more candidate devices” in line 4 to read “the two or more candidate devices” to overcome this problem.
Claim 35 is indefinite because it is unclear whether limitation “a candidate device” in lines 1-2 is the same “a candidate device” as recited in line 9 of claim 34. If it is, the examiner suggests that applicant can amend “a candidate device” in lines 1-2 of claim 35 to read “the candidate device” to overcome this problem.
Claim 35 depends from claim 34, and are also rejected for the same reasons.
Claim Rejections - 35 USC § 103
6. 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 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.
7. 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.
8. 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 CFR 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.
9. Claims 16-35 are rejected under 35 U.S.C. 103 as being unpatentable over Kanaris et al. U.S. Patent 11882415 (hereinafter, “Kanaris”) in view of Moreno et al. U.S. Patent 11575992 (hereinafter, “Moreno”).
Regarding claim 16, Kanaris teaches an apparatus (The device 106 may include memory 142 comprising one or more non-transitory computer-readable storage media (CRSM). The CRSM may be any one or more of an electronic storage medium, a magnetic storage medium, an optical storage medium, a quantum storage medium, a mechanical computer storage medium, and so forth. The memory 142 provides storage of computer-readable instructions, data structures, program modules, audio input data 150, and other data for the operation of the device 106. One or more of the modules shown here may be stored in the memory 142, although the same functionality may alternatively be implemented in hardware, firmware, or as a SoC. The modules may comprise instructions, that may be executed at least in part by the one or more processors 140, Fig. 1, col. 5, lines 45-59, see Kanaris) comprising:
at least one processor (The modules may comprise instructions, that may be executed at least in part by the one or more processors 140, Fig. 1, col. 5, lines 45-59, see Kanaris); and
at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to perform (The memory 142 provides storage of computer-readable instructions, data structures, program modules, audio input data 150, and other data for the operation of the device 106. One or more of the modules shown here may be stored in the memory 142, although the same functionality may alternatively be implemented in hardware, firmware, or as a SoC. The modules may comprise instructions, that may be executed at least in part by the one or more processors 140, Fig. 1, col. 5, lines 51-59, see Kanaris):
determining locations for two or more candidate devices (For example, the device map data 282 may indicate that “device 106(1) is closest to device 106(2)” and “device 106(3) is closest to device 106(1)” (corresponds to two or more candidate devices) col. 8, lines 21-24, see Kanaris); The device management module 152 may determine device map data 282. The device map data 282 may be indicative of a relative or absolute arrangement of the devices 106 with respect to one another. This may be a logical or spatial relationship. For example, the device map data 282 may indicate that “device 106(1) is closest to device 106(2)” and “device 106(3) is closest to device 106(1)”. In another example, the device map data 282 may indicate a distance in the physical space, physical coordinates with respect to a specified datum, and so forth, Fig. 2, col. 8, lines 17-26, see Kanaris);
identifying two or more candidate devices (device 106(1), device 106(2), Fig. 1) that satisfy location criteria (i.e., relative position) (The device group 120 comprises two or more devices 106. As the user 128 moves within the physical space, one or more of the orientation or location of the user 128 changes with respect to the devices 106. For example, as the user 128 walks from one end of a room to another, they may move away from device 106(2) and towards device 106(1), Fig. 1, col. 4, lines 25-30, see Kanaris);
using microphones (microphone(s) 146, Fig. 1; FIG. 3 illustrates at 300 a time difference of arrival (TDOA) between two signals acquired using microphones 146 of respective devices 106, according to one implementation. A first graph illustrates a first signal represented by the first audio input data 150(1). A second graph illustrates a second signal represented by the second audio input data 150(2), Fig. 3, col. 12, lines 54-60, see Kanaris) of at least one portable device (device 122, acting as hub, see Fig. 1) to determine a location of a sound source relative to the at least one portable device (In some implementations, one or more of the energy ratios 228, the TDOA values 242, the first proximity data 262, or the second proximity data 264 may be used to determine an estimated relative location. The estimated relative location data 274 may indicate a distance, direction, coordinates with respect to a datum, and so forth. For example, the estimated relative location data 274 may be determined based on multilateration techniques using the TDOA values 242 from a plurality of pairs, Fig. 2, col. 10, line 67 – col. 11, line 8, see Kanaris);
comparing the location of the sound source and respective locations for the two or more candidate devices (To determine the closest device to a source of a sound, comparisons are made of audio input from pairs of devices in the plurality of devices. Pairwise set data designates unique pairings of devices within the plurality of devices that are operating in conjunction with one another. For example, if three devices are in use, there would be three pairs. For each pair comprising a first device and a second device, a determination is made as to which device is closest to the source of the sound. This determination is based on first proximity data and second proximity data (col. 2, lines 39-49, see Kanaris); In some implementations, the SLEM 160 may operate to determine respective pairwise estimated locations 410(1), 410(2), and 410(3). For example, the pairwise estimated locations 410 may be determined based on one or more of the energy ratio 228 or the TDOA value 242 for a respective pair. If the pairwise estimated location 410 is between a device 106 and a pairwise midpoint, that device 106 may be deemed to be closest to the input sound 130. For example, the pairwise estimated location 410(3) is between device 106(3) and the pairwise midpoint M3. As a result, device 106(3) may be deemed the closest device in the pair of devices 106(3)-106(1) (see Fig. 4, col, 13, lines 42-53, see Kanaris)); and
selecting a candidate device for connecting (The devices 106 may communicate with one another or the access points 108 using a protocol such as WiFi, Bluetooth, and so forth. Other devices 112 may also connect to the one or more access points 108. For example, a laptop computer, tablet computer, and so forth may connect to the access point 108, Fig. 1, col. 3. Lines 65 – col. 4, line 3, see Kanaris) (At 618, based on the ECDD 162, an operating set is determined that comprises at least one device 106 from the first plurality of devices. For example, the closest device 106 indicated by the ECDD 162 may be included in the operating set. In some implementations, the ECDD 162 may indicate a plurality of closest devices. For example, the ECDD 162 may indicate a pair of closest devices to provide for stereophonic audio input and audio output. One or more actions may be taken using the operating set, Fig. 6, col. 15, lines 54-62, see Kanaris).
However, Kanaris does not explicitly disclose connecting to the at least one portable device.
Moreno teaches system and method for dynamic line-of-sight multi-source audio control (see Title) in which also shown in FIG. 1 is user 138. User 138 is situated within listening area 108 and is utilizing wireless line-of-sight (“LOS”) detector 140. LOS device 140 is adapted to detect, store and transmit information indicative of the device's relative position within listening area 108 with respect to wireless transceiver 120 (see Fig. 1, col. 3, lines 4-9, see Moreno). Processor 124 is adapted to utilize information stored in memory 126 along with positional and motion data received via wireless transceiver 120 to control switching fabric 128 and thereby connect a selected one of audio output lines 112, 116 and 118 (output lines from corresponds to a candidate device) to audio reproduction system 136 (corresponds to at least one portable device) (see Fig. 1, col. 3, lines 27-32, see Moreno). A system for selecting a particular audio source from among a plurality of audio sources, the system comprising: a wireless transceiver adapted to communicate with devices within a listening area; a plurality of audio devices (corresponds to a candidate device) located within the listening area, wherein each audio device produces an independent audio output and is adapted to transmit information indicative of its location within the listening area to the wireless transceiver; a switching fabric, linked to an audio output of each of the plurality of audio devices and adapted to establish a connection to the audio output of a single selected one of the plurality of audio outputs; a sensor adapted to produce signals indicative of a user's position and line-of-sight within the listening area and to transmit information indicative of such to the wireless transceiver; and at least one processor adapted to: determine, based upon the information indicative of the location of the plurality of audio devices and the information indicative of the user's position and line-of-sight within the listening area, that the user's line-of-sight is directed to a particular one of the plurality of audio devices; and based at least in part upon the determination, instruct the switching fabric to establish an exclusive connection to the audio output of a particular one of the plurality of audio devices (see claim 1, col. 6, lines 15-43, see Moreno).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the system and method for dynamic line-of-sight multi-source audio control taught by Moreno with the apparatus of Kanaris such that to obtain connecting to the at least one portable device in order to provide for a system and method whereby a user could quickly select a desired audio source through the execution of simple, intuitive device-independent commands as suggested by Moreno in column 1, lines 49-52.
Regarding claim 17, Kanaris in view of Moreno teaches an apparatus as claimed in claim 16. Kanaris in view of Moreno, as modified, further teaches wherein a candidate device is selected if the location of the candidate device corresponds with the location of the sound source (A sound location estimation module (SLEM) 160 accepts as input the audio input data 150 associated with the pairs indicated by the pairwise set data 154. For example, for the pair “106(1), 106(2)” the corresponding first audio input data 150(1) and second audio input data 150(2) are accepted as input. The SLEM 160 may provide as output estimated closest device data (ECDD) 162, an estimated location, or other information. The SLEM 160 may take into consideration one or more of energy in the audio input data 150, time difference of arrival of a signal present in both the first audio input data 150(1) and second audio input data 150(2), and so forth. Operation of the SLEM 160 is discussed in more detail in the following figures, see Fig. 1, col. 9, lines 49-61, see Kanaris).
Regarding claim 18, Kanaris in view of Moreno teaches an apparatus as claimed in claim 16. Kanaris in view of Moreno, as modified, further teaches wherein the candidate device is selected based, at least in part, on information obtained from one or more additional sensor (Wireless device 140 comprises a sensor to detect and measure relative movement in both the x-plane and y-plane. Such sensors are well known in the art are typically comprised of orthogonally-situated accelerometers of gyroscopic sensors that convert measured acceleration (or displacement in the case of gyroscopic sensors) to numerical values. These numerical values, indicative of LOS device orientation, would then be transmitted to wireless transceiver 140, Fig. 1, col. 3, lines 18-26, see Moreno).
Regarding claim 19, Kanaris in view of Moreno teaches an apparatus as claimed in claim 18. Kanaris in view of Moreno, as modified, further teaches wherein the information obtained from the one or more additional sensor is used if there is not a sufficient match between the location of the sound source and the respective locations for the two or more candidate devices (FIG. 5 depicts a system (500) supporting an alternate embodiment of the invention. System 500 is primarily identical to system 100, and like components have been numbered in the same manner as FIG. 1. However, the independent systems, consisting of set-top box 502, gaming system 504 and music system 506, differ from the independent systems of system 100. None of the independent system of system 500 are adapted to support wireless communication with wireless transceiver 120. Consequently, wireless transceiver 120 cannot be utilized to determine the relative location of these independent systems within listening area 108, see Fig. 5, col. 4, lines 26-37, see Moreno; The user would then direct his or her line-of-sight to each of the independent systems (502, 504 and 506) within listening area 108. Upon fixing their gaze upon a particular independent system, the user would momentarily depress device select button 604. In response, LOS device 508 detect its relative position and orientation withing listening area 108 and transmits information indicative of such to processor 124 for storage in memory 126. Upon receipt of the relative position and orientation information, processor 124 would transmit information representing samples of audio being produced by each of the independent systems, Fig. 5, col. 4, lines 53-63, see Moreno).
Regarding claim 20, Kanaris in view of Moreno teaches an apparatus as claimed in claim 19. Kanaris in view of Moreno, as modified, further teaches wherein the one or more additional sensor comprises at least one of: a camera; or a motion sensor (Wireless device 140 comprises a sensor to detect and measure relative movement in both the x-plane and y-plane. Such sensors are well known in the art are typically comprised of orthogonally-situated accelerometers of gyroscopic sensors (i.e., motion sensor) that convert measured acceleration (or displacement in the case of gyroscopic sensors) to numerical values. These numerical values, indicative of LOS device orientation, would then be transmitted to wireless transceiver 140, Fig. 1, col. 3, lines 18-26, see Moreno).
Regarding claim 21, Kanaris in view of Moreno teaches an apparatus as claimed in claim 16. Kanaris in view of Moreno, as modified, further teaches wherein the apparatus is further caused to connect the selected candidate device to the at least one portable device to enable the selected candidate device to provide audio content to the at least one portable device (Although the invention herein has been described with reference to particular embodiments, it is to be understood that these embodiments are merely illustrative of the principles and applications of the present invention. For example, the link between the audio switching system and the audio reproduction system could be wired or wireless. The user could also utilize a personal listening device, such as headphones or wireless earbuds to listen to the output of the audio reproduction system, col. 5, lines 55-64, see Moreno).
Regarding claim 22, Kanaris in view of Moreno teaches an apparatus as claimed in claim 16. Kanaris in view of Moreno, as modified, further teaches wherein the location criteria are determined relative to the at least one portable device (The device management module 152 may determine device map data 282. The device map data 282 may be indicative of a relative or absolute arrangement of the devices 106 with respect to one another. This may be a logical or spatial relationship. For example, the device map data 282 may indicate that “device 106(1) is closest to device 106(2)” and “device 106(3) is closest to device 106(1)”. In another example, the device map data 282 may indicate a distance in the physical space, physical coordinates with respect to a specified datum, and so forth. In yet another implementation, the device map data 282 may indicate a room. For example, the device map data 282 may indicate “device 106(1), kitchen; device 106(2), kitchen; device 106(3), dining room” and so forth, Fig. 2, col8, lines 17-30, see Kanaris).
Regarding claim 23, Kanaris in view of Moreno teaches an apparatus as claimed in claim 16. Kanaris in view of Moreno, as modified, further teaches wherein the location criteria comprise at least one of: a proximity threshold to the at least one portable device; or a proximity threshold between respective candidate devices (The estimated location may be used to determine an estimated closest device. For example, a device that is a shortest distance (i.e., a proximity threshold) in the physical space from the estimated location may be deemed the estimated closest device, col. 3, lines 14-17, see Kanaris).
Regarding claim 24, Kanaris in view of Moreno teaches an apparatus as claimed in claim 16. Kanaris in view of Moreno, as modified, further teaches wherein the at least one portable device is configured to provide audio outputs (Although the invention herein has been described with reference to particular embodiments, it is to be understood that these embodiments are merely illustrative of the principles and applications of the present invention. For example, the link between the audio switching system and the audio reproduction system could be wired or wireless. The user could also utilize a personal listening device, such as headphones or wireless earbuds to listen to the output of the audio reproduction system, col. 5, lines 55-64, see Moreno).
Regarding claim 25, Kanaris in view of Moreno teaches an apparatus as claimed in claim 16. Kanaris in view of Moreno, as modified, further teaches wherein the at least one portable device is a wearable device (Although the invention herein has been described with reference to particular embodiments, it is to be understood that these embodiments are merely illustrative of the principles and applications of the present invention. For example, the link between the audio switching system and the audio reproduction system could be wired or wireless. The user could also utilize a personal listening device, such as headphones or wireless earbuds (i.e., wearable device) to listen to the output of the audio reproduction system, col. 5, lines 55-64, see Moreno).
Regarding claim 26, Kanaris in view of Moreno teaches an apparatus as claimed in claim 25. Kanaris in view of Moreno, as modified, further teaches wherein the wearable device is at least one of: ear buds; a head mounted display; or headphones (Although the invention herein has been described with reference to particular embodiments, it is to be understood that these embodiments are merely illustrative of the principles and applications of the present invention. For example, the link between the audio switching system and the audio reproduction system could be wired or wireless. The user could also utilize a personal listening device, such as headphones or wireless earbuds (i.e., wearable device) to listen to the output of the audio reproduction system, col. 5, lines 55-64, see Moreno).
Regarding claim 27, this claim merely reflects the method to the apparatus claim of Claim 16 and is therefore rejected for the same reasons.
Regarding claim 28, this claim merely reflects the method to the apparatus claim of Claim 17 and is therefore rejected for the same reasons.
Regarding claim 29, this claim merely reflects the method to the apparatus claim of Claim 18 and is therefore rejected for the same reasons.
Regarding claim 30, this claim merely reflects the method to the apparatus claim of Claim 19 and is therefore rejected for the same reasons.
Regarding claim 31, this claim merely reflects the method to the apparatus claim of Claim 21 and is therefore rejected for the same reasons.
Regarding claim 32, this claim merely reflects the method to the apparatus claim of Claim 22 and is therefore rejected for the same reasons.
Regarding claim 33, this claim merely reflects the method to the apparatus claim of Claim 23 and is therefore rejected for the same reasons.
Regarding claim 34, this claim merely reflects a non-transitory computer readable medium comprising program instructions that, when executed by an apparatus, cause the apparatus to perform at least the limitations of claim 16, and is therefore rejected for the same reasons. (It is noted that Kanaris in view of Moreno teaches the device 106 may include memory 142 comprising one or more non-transitory computer-readable storage media (CRSM). The CRSM may be any one or more of an electronic storage medium, a magnetic storage medium, an optical storage medium, a quantum storage medium, a mechanical computer storage medium, and so forth. The memory 142 provides storage of computer-readable instructions, data structures, program modules, audio input data 150, and other data for the operation of the device 106 (co. 5, lines 45-59, see Kanaris).
Regarding claim 35, this claim merely reflects a non-transitory computer readable medium comprising program instructions that, when executed by an apparatus, cause the apparatus to perform at least the limitations of claim 17, and is therefore rejected for the same reasons.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inventor
Publication
Number
Disclosure
Gomes-Casseres et al.
US Patent
9729211
The proximity sensor can be configured (i) to receive a first proximity signal associated with a first portable source device when the first portable source device is disposed in proximity thereto and to receive a second proximity signal associated with a second portable source device when the second portable source device is disposed in proximity thereto (col. 2, lines 17-23).
Chang et al.
US Patent
11317201
A smart sound source locator determines the location from which a sound originates according to attributes of the signal representing the sound or corresponding to the sound being generated at a plurality of distributed microphone (col. 1, line 66 to col. 2, line 2).
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/C.P.T/Examiner, Art Unit 2695
/PAUL KIM/Primary Examiner, Art Unit 2695
Prosecution Insights