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 .
1. This communication in response to application filed 11/21/2024
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Priority
3. Foreign priority filed in this application has been verified and acknowledged by the Examiner.
Claim Rejections - 35 USC § 102
4. 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.
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.
Claim(s) 22-26, 33, 35-37, 39 and 40is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsoi et al. (Pub.No.: 2021/0029452 A12).
Regarding claims 22, 39 40, Tosi teaches an apparatus, method and non-transitory computer readable medium (reads on electronic device 700, see [0086]- [0091] and [0099]) comprising:
at least one processor (reads on processing unit 710 within electronic device 700, see [0086]- [0091] and [0099]. Note that processing unit processes instructions, receives input signals, and changes outputs); and
at least one memory storing instructions (reads on memory 720 within electronic device 700, see [0086]- [0091] and [0099]. Note that memory 720 stores electronic data, applications, control signals, and other information.) that, when executed by the at least one processor, cause the apparatus at least to:
receive, from a first user, a first audio signal command (reads on the smart speaker receives and acts on commands issued by a person or electronic device. A user initiates playback, and the portable device sends commands to stop, initiate, or transfer audio, see [0027]- [0028] and [0044]-[0049]);
determine a location of the first user in an environment (the speakers or sensors determine the person’s location or motion. The location of a portable device carried by the person maybe tracked and used as a proxy for the person’s location, see [0035] and [0063]-[0070]);
select at least a first loudspeaker from a plurality of loudspeakers located in the environment, the at least first loudspeaker being one or more loudspeakers in closest physical proximity to the first user (Tosi determines distances between the person and multiple smart speakers. As the person approaches the second speaker, that closer speaker begin p[laying or increases its output, see [0034]-[0035], [0042] and [0063]-[0070]); and
modify an audio output from the at least first loudspeaker of the plurality of loudspeakers based on the first audio signal command (in response to commands and proximity, audio is transferred between devices; one speaker begins playing while another stops, fades, or changes volume, see [0028], [0044]-[0049], [0055]-[0056] and [0063]-[0069]), such that the at least first loudspeaker has a different audio output to a remainder of the plurality of loudspeakers (the farther speaker decreases or ceases output while the closer speaker begins or continues output at a different volume, see [0034] and [0065]-[0066]).
Independent claim 39 is a method claim being rejected for the same reasons addressed in independent claim 22, including receiving audio commands, locating the user or associated device, selecting a closer speaker, and modifying speaker outputs differently (see [0027]-[0028], [0034]-[0035], [0042]-[0049] and [0063]-[0070]).
Independent claim 40 is a non-transitory computer readable medium claim being rejected for the same reasons addressed in independent claim 22 and further discloses processing unit 710 and memory 720, including RAM, ROM, flash memory, removable memory, applications, control signals, and executable instructions (see [0086]- [0091] and [0099]).
Regarding claim 23, Tosi teaches wherein modifying the audio output from the at least first loudspeaker comprises changing at least one feature of the audio output (reads on volume changes, applies fading and equalization, stops output, and mute output, see [0029-0030], [0052] and [0055-0056]).
Regarding claim 24, Tosi teaches wherein the at least one audio feature comprises at least one of the following: volume, bass, treble, balance or equalization parameters (reads on adjusting volume and applying equalization involving bass, midrange, treble, spectrum, and frequencies, see [0029-0030], [0052] and [0056]).
Regarding claim 25, Tosi teaches wherein the apparatus is further caused to: modify a second audio output from at least a second loudspeaker of the plurality of loudspeakers, wherein the second audio output is modified such that is different to the audio output (in Tosi, as the person moves between speakers, the farther speaker decreases or ceases output while the closer speaker begins playing or increases its volume, see [0034] and [0063-0066]).
Regarding claim 26, Tosi teaches wherein modifying the audio output from the at least first loudspeaker comprises playing a specific piece of audio (Tosi identifies and transfers particular audio, expressly including the same song at the same point in the audio, see [0028], [0043-0044] and [0049-0051]).
Regarding claim 28, Tosi teaches wherein modifying the audio output from the at least first loudspeaker comprises playing, pausing (see [0028 and [0055-56]), muting (see [0028 and [0055-56]), unmuting, rewinding or fast- forwarding the audio output.
Regarding claim 33, Tosi teaches wherein determining a location of a first user in an environment comprises determining a location of a first device in the environment, wherein the first device is associated to the first user (reads on determining the user’s location from the location of a portable electronic device carried by the user and using the device location as a proxy for the user’s location, see [0035] and [0070]).
Regarding claim 35, Tosi teaches wherein determining a location of the first user in an environment, comprises at least one camera configured to locate the position of the first user (the optical sensor designed to determine a person’s position or motion and identifies such optical or visual sensors as including cameras, see [0035] and [0095]).
Regarding claim 36, Tosi teaches wherein determining that the first loudspeaker is one or more loudspeakers in closest proximity to the first user is based on the determined location of a first device in the environment and positions of loudspeakers in the environment (determining the user’s carried device’s distances to first and second smart speakers and controlling speaker output according to those distances, see [0035] and [0063-0070]).
Regarding claim 37, Tosi teaches wherein the apparatus is an audio entertainment system or comprises an audio entertainment system (Tso discloses an audio entertainment arrangement for movies, television shows, games, virtual-reality experiences, and other entertainment, see [0085]).
Claim Rejections - 35 USC § 103
5. 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.
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.
Claim(s) 27, 29-32 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsoi et al. (Pub.No.: 2021/0029452 A12).
Claim 27 recites “wherein the specific piece of audio comprises at least one piece of audio selected by the first user”.
Tsoi teaches that a user initiates playback of specific audio, such as song (see [0028]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to allow the initiating user to select that audio because user selection predictably identifies the content to be played and transferred.
Claim 29 recites “wherein the apparatus is further caused to:
rank each of the plurality of loudspeakers according to the proximal physical distance from the first user to produce a list; and
implement the first audio signal command according to the order of the list”.
Tsoi determines distances between a user or user-carried device and multiple speakers and controls the speakers according to those distances (see [0063]- [0070]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange the determined distances into an ordered list to identify the closest and successive speakers for Tsoi’s proximity-based audio control.
Claim 30 recites “wherein the apparatus is further caused to:
receive a second audio signal command from a second user;
determine that the second user is remote from an audio entertainment system such that the second user is not located within the environment;
modify the audio output from at least one loudspeaker based on the second audio signal command; and
implement an audio indicator based on the determination that the second user is remote from the audio entertainment system”.
Tsoi teaches remote instructions that modify smart-speaker output, sound effects or notifications at a remote location, and indicators showing that audio has been modified (see [0039] and [0079]- [0081]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the indicator when the command originates from a remote user to confirm successful implementation of the remote command.
Regarding claim 31, Tsoi teaches wherein the audio indicator comprises at least one of: a sound effect (reads on indicator or modification may comprise a sound effect, see [0039], [0052] and [0075]), a change in at least one audio feature (Also, indicator or modification may comprise audio feature change, see [0039], [0052] and [0075]), or a filter implemented over the audio output (indicator or modification may also comprise equalization/filtering, see [0039], [0052] and [0075]).
Claim 32 recites “wherein the apparatus is further caused to: inform the second user that the second audio signal command has been implemented”.
Tsoi teaches transmitting confirmation that an audio adjustment has been completed and indicating that audio has been modified (see [0038] and [0079]- [0081]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide that confirmation to the remote command-issuing user.
Claim 34 recites “wherein determining the location of the first user in the environment comprises at least one of the following:
informing the audio entertainment system of the location of the first device in the environment by user command (note that Tsoi teaches user commands between a portable device and smart speaker, determining the device’s location as a proxy for the user, location sensors, wireless communication and processing received inputs, see [0044]- [0047], [0070], [0095] and [0098]-[0099]);
using radio signal-strength based triangulation to determine the location of the first device in the environment;
using Bluetooth or Bluetooth Low Energy signal-strength based triangulation to determine the location of the first device in the environment; or
using Ultra Wide Band positioning technology to determine the location of the first device in the environment”.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the determined device location in the user command so the system could perform Tsoi’s proximity-based speaker selection.
Claim(s) 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsoi et al. (Pub.No.: 2021/0029452 A12) in view of Von Tuerckheim et al. (Pub.No.: 2023/0134271 A1).
Claim 38 recites “wherein the apparatus is for a vehicle and the environment comprises the inside of the vehicle”.
Tsoi teaches that a smart speaker maybe integrated into a vehicle (see [0027]), but it does not specifically teach “wherein the apparatus is for a vehicle and the environment comprises the inside of the vehicle” as recited in claim 38.
However, Tuerckheim teaches a multichannel audio system implemented in a vehicle interior with speakers positioned around driver and passenger listener locations (see [0002], [0022], [0039] and [0073]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement Tsoi’s proximity-based speaker control in Von Tuerckheim’s vehicle interior to direct audio toward the closest vehicle occupant and reduce disturbance to other occupants.
Conclusion
6. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rasha S. AL-Aubaidi whose telephone number is (571) 272-7481. The examiner can normally be reached on Monday-Friday from 8:30 am to 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ahmad Matar, can be reached on (571) 272-7488.
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/RASHA S AL AUBAIDI/Primary Examiner, Art Unit 2693
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