DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No 2024/0245882 A1 to Ito et al. (“Ito”) in view of Korean Application KR 20090009541 A to Jeon.
As to claim 1, Ito discloses a sound adjustment device, comprising: a background sound source, used to provide a background audio signal (sample noise, see figure 5; pg. 2, ¶ 0032); an external sound source receiver, used to receive an external audio signal from outside (environmental sound, see pg. 1, ¶ 0001); a frequency adjuster, used to receive the background audio signal and adjust the background audio signal into a left ear background audio signal and a right ear background audio signal, wherein a first frequency of the left ear background audio signal and a second frequency of the right ear background audio signal have a frequency difference (conversion units, see figure 5; pg. 1, ¶ 0003; pg. 2, ¶ 0023, ¶ 0032); a mixer, used to mix the external audio signal and the left ear background audio signal into a left ear audio signal, and mix the external audio signal and the right ear background audio signal into a right ear audio signal (see figure 5; pg. 2, ¶ 0032); and an output port, used to output the left ear audio signal to a left ear speaker, and output the right ear audio signal to a right ear speaker (see figure 6; pg. 2, ¶ 0035; pg. 3, ¶ 0045 - ¶ 0047).
Ito does not expressly disclose wherein the background audio signal is a mono audio signal. However such a configuration is known in the art, as taught by Jeon, which discloses a similar device, and further discloses the frequency shifter device receives a mono background audio signal (see figure 3; pg. 5, 7th paragraph; pg. 6, 6th paragraph of the English translation). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, as such a configuration is merely a straightforward possibility from which a skilled person would select, depending on the type of sample or background signal being used, as well as available formats, as long as the background signal can be frequency shifted for mixing and outputting to left and right earphones (Jeon figure 3; pg. 5, 7th paragraph; pg. 6, 6th paragraph).
4. Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito in view of Jeon, and further in view of US Patent Pub No 2023/0001127 A1 to Khalil.
As to claim 2, Ito in view of Jeon discloses the sound adjustment device according to claim 1.
Ito in view of Jeon does not expressly disclose wherein when the mixer performs mixing, the mixer further adjusts a volume of the left ear background audio signal of the left ear audio signal, and adjusts a volume of the right ear background audio signal of the right ear audio signal. However such a configuration is known in the art, as taught by Khalil, which discloses a similar device, and further discloses the mixer being configured to provide gain adjustment (see pg. 3, ¶ 0034; pg. 4, ¶ 0037). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, as gain adjustments are known in the art, the motivation being to provide processing for the input signals, including gain adjustment, to influence the characteristics of the signals as necessary prior to output (Khalil pg. 3, ¶ 0034; pg. 4, ¶ 0037, ¶ 0043).
As to claim 3, Ito in view of Jeon and Khalil further discloses wherein the external sound source receiver is a wireless receiver (Khalil pg. 4, ¶ 0042).
As to claim 4, Ito in view of Jeon and Khalil further discloses wherein the external audio signal is a stereo audio signal comprising a left ear external audio signal and a right ear external audio signal, wherein the mixer is used to mix the left ear external audio signal and the left ear background audio signal into the left ear audio signal, the mixer further being used to mix the right ear external audio signal and the right ear background audio signal into the right ear audio signal (Ito figure 5; Jeon figure 2; Khalil figure 2; pg. 3, ¶ 0031 - ¶ 0032).
5. Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito in view of Jeon, and further in view of US Patent Pub No 2021/0082391 A1 to Reiss et al. (“Reiss”).
As to claim 5, Ito in view of Jeon discloses the sound adjustment device according to claim 1.
Ito in view of Jeon does not disclose wherein the background sound source generates the background audio signal using an algorithm. However such a configuration is known in the art, as taught by Reiss, which also discloses the use of sound effects or noise samples, and further discloses said samples can be generated using an algorithm (see pg. 1, ¶ 0002; pg. 2, ¶ 0059 - ¶ 0060). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to provide a broad range of sound effects or noise samples that can be controlled or defined by the user (Reiss pg. 1, ¶ 0001 - ¶ 0004, ¶ 0007).
As to claim 6, Ito in view of Jeon and Reiss further discloses wherein the background audio signal is a rain sound audio signal (Reiss pg. 2, ¶ 0036, ¶ 0050, ¶ 0060).
6. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito in view of Jeon, and further in view of US Patent Pub No 2021/0321910 A1 to Cabrera et al. (“Cabrera”).
As to claim 7, Ito in view of Jeon discloses the sound adjustment device according to claim 1.
Ito in view of Jeon does not expressly disclose wherein the background audio signal is pre-recorded and stored in the background sound source. However such a configuration is known in the art, as taught by Cabrera, which discloses a similar device, and further discloses the use of background noise, which can be pre-recorded (see pg. 2, ¶ 0011; pg. 5, ¶ 0041). The proposed modification is therefore considered obvious before the effective filing date of the claimed invention, the motivation being to enable the use of various different background sounds or noises, which can be stored in a database and selected as necessary (Cabrera pg. 2, ¶ 0011; pg. 5, ¶ 0041; pg. 9, ¶ 0079).
Conclusion
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/SABRINA DIAZ/Examiner, Art Unit 2693
/AHMAD F. MATAR/Supervisory Patent Examiner, Art Unit 2693
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