DETAILED ACTION
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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/ patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/ patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-17 of U.S. Patent Number 12,192,737 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the claims of the instant application anticipated by the conflicting claims of the U.S. Patent Number 12,192,737 B2. The following is the comparison of the claims of the instant application to the conflicting claims of the U.S. Patent Number 12,192,737 B2 for reference:
Claims 1-20 in the current application
Conflicting claims 1-17 in U.S. Patent Number 12,192,737 B2
1. A method comprising: creating audio compensation values to apply to one or more speakers in an area via a controller; applying the audio compensation values to the one or more speakers via the controller; identifying an optimized room performance rating based on the audio compensation values via the controller, wherein the optimized room performance rating results in enhanced audio performance; and providing the optimized room performance rating to a user via the controller.
2. The method of claim 1, comprising: generating an initial room performance rating via the controller, wherein the initial room performance rating is associated with audio performance values; and comparing an initial frequency response to a target frequency response via the controller.
3. The method of claim 1, comprising: determining an anticipated density of persons, wherein the persons will occupy the area during an audio presentation; measuring an initial speech intelligibility score before applying the audio compensation values to the one or more speakers; and from the audio compensation values, determining required audio compensation values based on the initial speech intelligibility score, wherein the required audio compensation values are to achieve a target intelligibility score by the one or more speakers that would accommodate the anticipated density of persons.
4. The method of claim 3, wherein the determining the anticipated density of persons to occupy the area comprises: determining a probable location of the persons in the area, wherein the one or more speakers comprises: two or more speakers in different locations of the area, and wherein the audio compensation values comprises: two or more speaker optimization values created for each of the two or more speakers.
5. The method of claim 4, comprising: applying the two or more speaker optimization values to the two or more speakers that are nearest the probable location of the persons.
6. The method of claim 4, comprising: detecting a number of people at least one of entering or exiting the area; and adjusting the two or more speaker optimization values based on the number of people entering or exiting the area changes as detected by a sensor.
7. The method of claim 1, comprising: after applying the audio compensation values to the one or more speakers, measuring a compensated frequency response of a compensated audio signal generated by the one or more speakers inside the area via one or more microphones; comparing the compensated frequency response to a target frequency response; and confirming that the compensated frequency response is closer to the target frequency response than an initial frequency response.
8. An apparatus comprising a controller configured to: create audio compensation values to apply to one or more speakers in an area; apply the audio compensation values to the one or more speakers; identify an optimized room performance rating based on the audio compensation values, wherein the optimized room performance rating results in enhanced audio performance; and provide the optimized room performance rating to a user.
9. The apparatus of claim 8, wherein the controller is further configured to: generate an initial room performance rating, wherein the initial room performance rating is associated with audio performance values; and compare an initial frequency response to a target frequency response.
10. The apparatus of claim 8, wherein the controller is further configured to: determine an anticipated density of persons, wherein the persons will occupy the area during an audio presentation; measure an initial speech intelligibility score before applying the audio compensation values to the one or more speakers; and from the audio compensation values, determine required audio compensation values based on the initial speech intelligibility score, wherein the required audio compensation values are to achieve a target intelligibility score by the one or more speakers that would accommodate the anticipated density of persons.
11. The apparatus of claim 10, wherein when the controller determines the anticipated density of persons, the controller is further configured to: determine a probable location of the persons in the area, wherein the one or more speakers comprises: two or more speakers in different locations of the area, and wherein the audio compensation values comprises: two or more speaker optimization values created for each of the respective two or more speakers.
12. The apparatus of claim 11, wherein the controller is further configured to apply the two or more speaker optimization values to the two or more speakers that are nearest the probable location of the persons.
13. The apparatus of claim 12, wherein the controller is further configured to: adjust the two or more speaker optimization values based on a number of people entering or exiting the area changes as detected by a sensor.
14. The apparatus of claim 8, wherein the controller is further configured to: after the audio compensation values are applied to the one or more speakers, measure a compensated frequency response of a compensated audio signal generated by the one or more speakers inside the area via one or more microphones; compare the compensated frequency response to a target frequency response; and confirm that the compensated frequency response is closer to the target frequency response than an initial frequency response.
15. A non-transitory computer-readable storage medium configured to store instructions that, when executed by a processor, cause the processor to perform: creating audio compensation values to apply to one or more speakers in an area via a controller; applying the audio compensation values to the one or more speakers via the controller; identifying an optimized room performance rating based on the audio compensation values via the controller, wherein the optimized room performance rating results in enhanced audio performance; and providing the optimized room performance rating to a user via the controller.
16. The non-transitory computer-readable storage medium of claim 15, wherein the instructions further cause the processor to perform: generating an initial room performance rating via the controller, wherein the initial room performance rating is associated with audio performance values; and comparing an initial frequency response to a target frequency response via the controller.
17. The non-transitory computer-readable storage medium of claim 15, wherein the instructions further cause the processor to perform: determining an anticipated density of persons, wherein the persons will occupy the area during an audio presentation; measuring an initial speech intelligibility score before applying the audio compensation values to the one or more speakers; and from the audio compensation values, determining required audio compensation values based on the initial speech intelligibility score, wherein the required audio compensation values are to achieve a target intelligibility score by the one or more speakers that would accommodate the anticipated density of persons.
18. The non-transitory computer-readable storage medium of claim 17, wherein the determining the anticipated density of persons to occupy the area comprises: determining a probable location of the persons in the area, wherein the one or more speakers comprises: two or more speakers in different locations of the area, and wherein the audio compensation values comprises: two or more speaker optimization values created for each of the two or more speakers.
19. The non-transitory computer-readable storage medium of claim 18, wherein the instructions further cause the processor to perform: applying the two or more speaker optimization values to the two or more speakers that are nearest the probable location of the persons.
20. The non-transitory computer-readable storage medium of claim 19, wherein the instructions further cause the processor to perform: adjusting the two or more speaker optimization values based on a number of people entering or exiting the area changes as detected by a sensor.
1. A method comprising detecting one or more microphones and one or more speakers in an area via a controller; measuring an initial frequency response of an audio signal generated by the one or more speakers inside the area via the controller; generating an initial room performance rating via the controller, wherein the initial room performance rating is associated with audio performance values; comparing the initial frequency response to a target frequency response via the controller; creating audio compensation values to apply to the one or more speakers via the controller based on the comparing; applying the audio compensation values to the one or more speakers via the controller; identifying an optimized room performance rating based on the audio compensation values via the controller, wherein the optimized room performance rating results in enhanced audio performance, optimizing the audio performance values; and providing the optimized room performance rating to a user via the controller.
2. The method of claim 1, comprising: determining an anticipated density of persons, wherein the persons will occupy the area during an audio presentation; measuring an initial speech intelligibility score before applying the compensation values to the one or more speakers; and from the audio compensation values, determining required audio compensation values based on the initial speech intelligibility score, wherein the required audio compensation values are those necessary to achieve a target intelligibility score by the one or more speakers that would accommodate the anticipated density of persons.
3. The method of claim 2, wherein the determining the anticipated density of persons to occupy the area comprises: determining a probable location of the persons in the area, wherein the one or more speakers comprises: two or more speakers in different locations of the area, and wherein the audio compensation values comprises: two or more speaker optimization values created for each of the two or more speakers.
4. The method of claim 3, comprising: applying the two or more speaker optimization values to the two or more speakers that are nearest the probable location of the persons.
5. The method of claim 3, comprising:
detecting a number of people at least one of entering or exiting the area; and adjusting the two or more speaker optimization values based on the number of people entering or exiting the area changes as detected by a sensor.
6. The method of claim 1, comprising: after applying the audio compensation values to the one or more speakers, measuring a compensated frequency response of a compensated audio signal generated by the one or more speakers inside the area via the one or more microphones; comparing the compensated frequency response to the target frequency response; and confirming that the compensated frequency response is closer to the target frequency response than the initial frequency response.
7. An apparatus comprising a controller configured to: detect one or more microphones and one or more speakers in an area; measure, via the one or more microphones, an initial frequency response of an audio signal generated by the one or more speakers inside the area; generate an initial room performance rating, wherein the initial room performance rating is associated with audio performance values; compare the initial frequency response to a target frequency response; create audio compensation values to apply to the one or more speakers based on the comparison; apply the audio compensation values to the one or more speakers; identify an optimized room performance rating based on the audio compensation values, wherein the optimized room performance rating results in enhanced audio performance, optimizing the audio performance values; and provide the optimized room performance rating to a user.
8. The apparatus of claim 7, wherein the controller is further configured to: determine an anticipated density of persons, wherein the persons will occupy the area during an audio presentation; measure an initial speech intelligibility score before applying the compensation values to the one or more speakers; and from the audio compensation values, determine required audio compensation values based on the initial speech intelligibility score, wherein the required audio compensation values are those necessary to achieve a target intelligibility score by the one or more speakers that would accommodate the anticipated density of persons.
9. The apparatus of claim 8, wherein when the controller determines the anticipated density of persons, the controller is further configured to: determine a probable location of the persons in the area, wherein the one or more speakers comprises: two or more speakers in different locations of the area, and wherein the audio compensation values comprises: two or more speaker optimization values created for each of the respective two or more speakers.
10. The apparatus of claim 9, wherein the controller is further configured to apply the two or more speaker optimization values to the two or more speakers that are nearest the probable location of the persons.
11. The apparatus of claim 10, wherein the controller is further configured to: adjust the two or more speaker optimization values based on the number of people entering or exiting the area changes as detected by a sensor.
12. The apparatus of claim 7, wherein the controller is further configured to: after the audio compensation values are applied to the one or more speakers, measure a compensated frequency response of a compensated audio signal generated by the one or more speakers inside the area via the one or more microphones; compare the compensated frequency response to the target frequency response; and confirm that the compensated frequency response is closer to the target frequency response than the initial frequency response.
13. A non-transitory computer-readable storage medium configured to store instructions that, when executed by a processor, cause the processor to perform: detecting one or more microphones and one or more speakers in an area; measuring an initial frequency response of an audio signal generated by the one or more speakers inside the area; generating an initial room performance rating, wherein the initial room performance rating is associated with audio performance values; comparing the initial frequency response to a target frequency response; creating audio compensation values to apply to the one or more speakers based on the comparing; and applying the audio compensation values to the one or more speakers via the controller; identifying an optimized room performance rating based on the audio compensation values, wherein the optimized room performance rating results in enhanced audio performance, optimizing the audio performance values; and providing the optimized room performance rating to a user.
14. The non-transitory computer-readable storage medium of claim 13, wherein the instructions further cause the processor to perform: determining an anticipated density of persons, wherein the persons will occupy the area during an audio presentation; measuring an initial speech intelligibility score before applying the compensation values to the one or more speakers; and from the audio compensation values, determining required audio compensation values based on the initial speech intelligibility score, wherein the required audio compensation values are those necessary to achieve a target intelligibility score by the one or more speakers that would accommodate the anticipated density of persons.
15. The non-transitory computer-readable storage medium of claim 14, wherein the determining the anticipated density of persons to occupy the area comprises: determining a probable location of the persons in the area, wherein the one or more speakers comprises; two or more speakers in different locations of the area, and wherein the audio compensation values comprises: two or more speaker optimization values created for each of the two or more speakers.
16. The non-transitory computer-readable storage medium of claim 15, wherein the instructions further cause the processor to perform: applying the two or more speaker optimization values to the two or more speakers that are nearest the probable location of the persons.
17. The non-transitory computer-readable storage medium of claim 16, wherein the instructions further cause the processor to perform: adjusting the two or more speaker optimization values based on the number of people entering or exiting the area changes as detected by a sensor.
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..
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 8-9, 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eastty (US 20130114830 A1).
Claim1: Eastty teaches a method (title and abstract, ln 1-15, figs. 5a-5b) comprising:
creating audio compensation values (processed audio data 252 generated by using control settings or corresponding configuration parameters or updated control settings or corresponding configuration parameters in figs. 2a-2c, and the configuration of the sub-operations is determined at step S306, and details in figs. 5a-5b, including control settings or corresponding configuration/control parameters for each of sub-operations in figs. 2a-2c, via audio processing operations 200 to generate processed audio data 252, para 69-71, control parameters in para 87, and control settings include gain G, frequency f, Q value, and tilt T for four-coefficient bi-quad filtering sub-operation, para 92 or generated processed audio data 252 by the configuration parameters corresponding to the control settings at step S308) in an area (e.g., a room corresponding to measured frequency response, para 14) via a controller (a processor 108 executing programs or instructions stored in a storage medium 104 for the method steps and functions, para 42);
applying the audio compensation values to the one or more speakers via the controller (applying the processed audio data 252 to the speakers 121, the processed audio data 252 generated by applying the control settings or corresponding configuration/control parameters on the input audio data 250 via audio processing operations in figs. 2a-2c, e.g., part of step 308, para 72);
identifying an optimized room performance rating (a size of the difference between the target and actual measured frequency responses, para 70, or satisfied or best or smallest RMS with respect to difference is identified, para 141 or identified by user’s judgement for adjusting the target, para 73) based on the audio compensation values via the controller (the identification performed on the bases of the actual frequency response measurement from the microphone received audio data caused by the application of control settings or corresponding configuration parameters above, para 73), wherein the optimized room performance rating results in enhanced audio performance (through the feedback to optimization S306 from step S310); and
providing the optimized room performance rating to a user via the controller (via the display 120 controlled by the processor 108, and the difference is displayed by presenting both the actual and the target frequency response, a metric, or the RMS is displayed to the operator, para 70).
Claim 8 has been analyzed and rejected according to claim 1 above and Eastty further teaches an apparatus (a computer 102 in fig. 1) comprising a controller (ASIC or DSP for executing software, etc., para 51 and by using processor 108, para 44) to implement the method steps of claim 1 (the method discussed in claim 1 above).
Claim 15 has been analyzed and rejected according to claims 1, 8 above and Eastty further teaches a non-transitory computer-readable storage medium (storage medium 104 and memory 106 in fig. 1) configured to store instructions (the element 104 storing computer programs or software or instructions, para 42 and the memory 106 also storing data and computer programs, para 43) that, when executed by a processor, cause the processor to perform the method steps of claim 1 (the programs and instructions executed by a processor 108 to accomplish the method of claim 1, para 44 and discussed in claim 1 above).
Claim 2: Eastty further teaches, according to claim 1 above, the method further comprising generating an initial room performance rating via the controller (a RMS with respect to a difference between the target and the actual frequency responses prior to smallest RMS achieved or prior to the feedback from step S310 to step 306 in fig. 3), wherein the initial room performance rating is associated with audio performance values (the actual frequency response is corresponding to the specified control parameters corresponding to the determined control settings in step S306, para 69-71 and applied on the input audio data 250 to generate the processed output audio data 252 and discussed in claim 1 above); and comparing an initial frequency response to a target frequency response via the controller (the comparison is performed via the display of the target frequency response with a display of the actually achieved frequency response, para 73).
Claim 9 has been analyzed and rejected according to claims 8, 2 above.
Claim 16 has been analyzed and rejected according to claims 15, 2 above.
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.
Claims 3-5, 7, 10-12, 14, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Eastty (above) and in view of reference Robinson et al. (US 20140133683 A1, hereinafter Robinson).
Claim 3: Eastty further teaches, according to claim 1 above, comprising:
determining factors affecting a desired audio processing result (limited size of the device and restricted small acoustic enclosures, para 2 and negative affection, para 10);
measuring an initial speech intelligibility score before applying the audio compensation values to the one or more speakers (represented by loss or severely degraded in speech intelligibility in the traditional device, i.e., prior to application of the audio compensation values to the speakers, para 8 and e.g. the difference between the target and the audio data processing relied on initial control parameters or configuration parameters in figs. 2a-2c or prior to update through the feedback from step S310, in fig. 3, and discussed in claim 1 above, and in the aspect of speech intelligence, para 8, as the initial speech intelligibility score); and
from the audio compensation values (the processed audio data 252 or the control settings or corresponding configuration/control parameters as discussed in claim 1 above ), determining required audio compensation values (through the feedback from S310 by adjusting the target frequency response S310 in fig. 3) based on the initial speech intelligibility score, wherein the required audio compensation values are to achieve a target intelligibility score by the one or more speakers (difference based on the RMS error between the target and calculated frequency response. lost acoustic performances would be expected to be compensated to achieve a desired audio processing result, para 2-8, 10).
However, Eastty does not explicitly teach measuring an anticipated density of people, wherein the persons will occupy the area during an audio presentation; and wherein the achieved target intelligibility score would accommodate the anticipated density of person.
Robinson teaches an analogous field of endeavor by disclosing a method (title and abstract, ln 1-19 and fig. 3) and wherein determining an anticipated density of persons is disclosed (present occupancy and density of people in the room is determined from a condition of playback environment and stored in metadata, para 125), wherein the persons will occupy the area during an audio presentation (the present occupancy of the audience in the room, para 125) and it is on the basis of the initial speech intelligibility score (e.g., the signal level corresponding to clipping, para 66) to determine a required audio compensation values (limited to the highest signal level corresponding to the anticipated playback configurations without clipping, para 66); and wherein the achieved target intelligibility score would accommodate the anticipated density of person (e.g., replace the first playback environment to the second playback environment with the factor including the density of people in the room and defined in the metadata, para125) for benefits of improving audio quality (quality improvement in different playback environment, e.g., different rooms, without need of matching timbral, para 12 and by designing sound and grouping the different types of audio signals, para 58, and by improving the power handling and frequency response of the playback speakers, para 89, and by enhancing the audibility and intelligibility of the dialog type of audio signals, para 98).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the anticipated density of people and wherein the measuring of the anticipated density of people, and the persons will occupy the area during the audio presentation and the achieved target intelligibility score would accommodate the anticipated density of person, as taught by Robinson, to determining of factors affecting the desired audio processing result and the required audio compensation values are to achieve the target intelligibility score by the one or more speakers in the method, as taught by Eastty, for the benefits discussed above.
Claim 4: the combination of Eastty and Robinson further teaches, according to claim 3 above, wherein the determining the anticipated density of persons to occupy the area comprises:
determining a probable location of the persons in the area (Robinson, the spatial information for indicating where a listener is positioned relative to physical objects such as buildings or geographic points of interest, para 95),
wherein the one or more speakers comprises:
two or more speakers in different locations of the area (Eastty, the speakers 121 and Robinson, individual speakers such as 5.1, 7.1 system and inherently, the speakers in 5.1 and 7.1 systems are in different locations of the room, para 12), and
wherein the audio compensation values comprises:
two or more speaker optimization values created for each of the two or more speakers (Eastty, the speakers 121 on a computer 102 in fig. 1 and Robinson, the equalization engine is used for optimizing the adaptive audio system up to 64 outputs for more accurately balance the sound in the theatre, para 133 and wherein the individual speakers including 5.1, 7.1 systems, para 12).
Claim 5: The method of claim 4, comprising:
applying the two or more speaker optimization values to the two or more speakers that are nearest the probable location of the persons (Eastty, the optimization S306 in fig. 3, and Robinson, the optimization for each of the speakers such as 5.1, 7.1 and discussed in claim 4 above).
Claim 7: the combination of Eastty and Robinson further teaches, according to claim 1 above, the method further comprising:
after applying the audio compensation values to the one or more speakers, measuring a compensated frequency response of a compensated audio signal generated by the one or more speakers inside the area via one or more microphones (Eastty, microphone 125 in the room and pickup audio data that caused a data stream as an input for real-time processing of audio by using the respective values of the determined configuration, para 50, the operator is gauged a degree of the optimization of step 306, para 70 and measuring the difference between the target frequency response and the frequency response of the resulting audio processing operation 200, para 142 and Robinson, measurement is performed by using a microphones array, para 7);
comparing the compensated frequency response to a target frequency response (Eastty, the measurement is based on the comparison of the target frequency response with the frequency response of the resulting audio data, para 142 and comparison via the display, para 73); and
confirming that the compensated frequency response is closer to the target frequency response than an initial frequency response (Eastty, the operator is gauged to provide how well the optimization process by matching the frequence response of the configured audio processing operation 200 to the target frequency response through the display of the difference or RMS, para 70 or by listening to the sound effects produced by configuring the audio processing operation 200 and checking whether the configuration is satisfied, para 72).
Claim 10 has been analyzed and rejected according to claims 8, 3 above.
Claim 11 has been analyzed and rejected according to claims 10, 4 above.
Claim 12 has been analyzed and rejected according to claims 11, 5 above.
Claim 14 has been analyzed and rejected according to claims 8, 7 above.
Claim 17 has been analyzed and rejected according to claims 15, 3 above.
Claim 18 has been analyzed and rejected according to claims 17, 4 above.
Claim 19 has been analyzed and rejected according to claims 18, 5 above.
Claims 6, 13, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Eastty (above) and in view of references Robinson (above) and Shields et al. (US 20070147625 A1, hereinafter Shields).
Claim 6: the combination of Eastty and Robinson further teaches, according to claim 4 above, wherein the method further comprising:
detecting a number of people (Robinson, the density of the people specified in the metadata, discussed in claims 3-4 above); and
adjusting the two or more speaker optimization values (Eastty, through the optimization step S306 and discussed in claim 4 above and Robinson, optimized for adaption to different environment specified by the metadata, para 43, and discussed in claim 4 above), except
detecting a number of people at least one of entering or exiting the area; and
adjusting the two or more speaker optimization values based on the number of people entering or exiting the area changes as detected by a sensor.
Shields teaches an analogous field of endeavor by disclosing a method (title and abstract, ln 1-6 and figs. 3A-3B) and wherein detecting a number of people at least one of entering or exiting the area is disclosed (the acoustic environment changed, including in a circumstance where individuals are attempting to evacuate the space, or normal office environment, i.e., individuals are staying in the office, para 25); and adjusting the two or more speaker optimization values based on the number of people entering or exiting the area changes (through set new optimum SPL remediation at 206, 210, new optimum pitch remediation at 212, etc. in fig. 3B based on the measured remediation of acoustic environment at 110-118, and including individuals attempted to evacuate the space or remaining to stay, i.e., normal office environment, para 25), for benefits of improving the speech intelligibility (by selectively enhancing the certain of frequency band that is important for the speech intelligibility, para 24, and by altering the rate, pitch, amplitude and frequency bands energy during presentation of the speech signal, abstract and by slowing the rate of the speech and/or concentrating the energy of the amplified speech signal in certain frequency bands, para 20).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the detecting of the number of people at least one of entering or exiting the area and adjusting the two or more speaker optimization values based on the number of people entering or exiting the area changes, as taught by Shields, to the adjustment of the two or more speaker optimization values in the method, as taught by the combination of Eastty and Robinson, for the benefits discussed above.
However, the combination of Eastty, Robinson, and Shields does not explicitly teach wherein it is by a sensor to detect the number of people entering or exiting the area.
An Official Notice is taken that detecting or counting the number of people into or out of a room or space is by using one or more image sensors such as a camera is notoriously well-known in the art for benefits of cost-saving hardware and configuration by using out-of-shelf products.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the detecting of the number of people entering or exiting detected by the sensor, as taught by the well-known in the art above, to detected number of people entering or exiting the area, as taught by the combination of Eastty, Robinson, and Shields, for the benefits discussed above.
Claim 13 has been analyzed and rejected according to claims 12, 6 above.
Claim 20 has been analyzed and rejected according to claims 19, 6 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESHUI ZHANG whose telephone number is (571)270-5589. The examiner can normally be reached on Monday-Friday 7:00am-4:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached on 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LESHUI ZHANG/
Primary Examiner, Art Unit 2695
Prosecution Insights