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 .
Response to Arguments
Examiner has carefully considered Applicant’s Remarks dated July 1, 2026.
The objection to the specification is overcome as a result of the title of the invention having been amended to be more descriptive.
The objection to claims 11, 12, and 14 is overcome as a result of claims 11, 12, and 14 having been amended to correct informalities.
As for Applicant’s argument regarding the amendment to independent claim 1 overcoming the art: “Accordingly, even when Sato employs physical operators, these operators are not disposed on the display surface.” (Remarks, page 13); a new secondary reference is being use in this office action in order to explicitly teach the placement of physical buttons on a display surface.
Accordingly, amended independent claim 1 remains rejected. The dependent claims remain rejected as well.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries 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.
Claims 1-3 and 5-26 are rejected under 35 U.S.C. 103 as being unpatentable over Sato (US 2021/0124553 A1) in view of Chen (US 2014/0022174 A1).
Instant Claim 1: An audio and video processing device comprising: a channel configured to receive input of a signal related to at least one of audio and video; (“According to one aspect of the present disclosure, there is provided a mixing console which processes an audio signal in a plurality of channels, the mixing console comprising: a channel strip portion that includes a plurality of channel strips having an operator which adjusts a parameter value for controlling an audio signal;” (Sato, paragraph 8) The mixing console of Sato corresponds to the audio and video processing device of the claim.)
a processor configured to change a processing parameter corresponding to the signal; (“The digital mixing console 10 (fig 1) comprises an input interface 12, one or more processors 14,” (Sato, paragraph 25) The above citation from paragraph 8 of Sato teaches that a parameter value (“processing parameter”) is adjusted for controlling an audio signal. The processor 14 does the adjusting.)
a touch panel that has a display surface that is configured to display an icon corresponding to the channel and related to the processing parameter, (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation, or physical switches, buttons, knobs, or the like may be employed. The operator 22 includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28. The fader 24 adjusts input and output levels of the audio signal assigned to the channel strip,” (Sato, paragraph 33) The touch panel of Sato displays icons related to the channel.)
and a tangible physical operator (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation, or physical switches, buttons, knobs, or the like may be employed.” (Sato, paragraph 33) Sato may provide tangible physical buttons.)
wherein the processor is further configured to: change the processing parameter and display of the icon corresponding to the processing parameter in response to an input to the touch panel … via the operation of the physical operator. (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26,” (Sato, paragraph 33)
“When the user operates the SEL button (fig 1), the one or more processors 14 display a parameter setting screen of the corresponding channel strip on the display 20.” (Sato, paragraph 43) When the user of Sato changes the parameter on the display 20, the icon corresponding to the pattern will change accordingly.)
Sato does not explicitly teach the following limitations of this claim:
and to detect a change in electrostatic capacitance accompanying a user operation; and a tangible physical operator disposed on the display surface, and that is configured to change the electrostatic capacitance detected by the touch panel in response to being operated by a user,
In a similar field of endeavor, however, Chen does teach a touch screen wherein tangible physical buttons trigger a capacitive touch input.
and to detect a change in electrostatic capacitance accompanying a user operation; and a tangible physical operator disposed on the display surface, and that is configured to change the electrostatic capacitance detected by the touch panel in response to being operated by a user, (“The physical buttons are disposed in the keyboard body at intervals. When a distance between the trigger portion and the capacitive touch screen is less than a trigger interval, capacitance of a region of the capacitive touch screen corresponding to the trigger portion is changed by the trigger portion to generate a touch signal.” (Chen, abstract))
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to combine the mixing console as taught by Sato, wherein the mixing console includes a touch panel and tangible physical buttons; with the capacitive touch screen as taught by Chen, wherein tangible physical buttons are placed on the capacitive touch screen. Such a combination involves substituting a specific type of touch panel (Chen) in place of the generic touch panel of Sato in order to yield the predictable results of effective and reliable touch panel operation.
Instant Claim 2: The audio and video processing device according to claim 1, wherein the channel comprises a plurality of channels, (“According to one aspect of the present disclosure, there is provided a mixing console which processes an audio signal in a plurality of channels,” (Sato, paragraph 8))
and wherein the tangible physical operator comprises a collectively corresponding operator that corresponds to the plurality of channels. (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28. The fader 24 adjusts input and output levels of the audio signal assigned to the channel strip, and includes a linear fader or a rotary fader. The SEL button 26 is a button for the user to select a desired channel strip or a desired group of channel strips.” (Sato, paragraph 33))
Instant Claim 3: The audio and video processing device according to claim 2, wherein the display surface has a first region in which the tangible physical operator is arranged, and a second region in which the tangible physical operator is not arranged, and the second region displays information related to the channel that has been selected in response to an input to the touch panel. (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation,” (Sato, paragraph 33) The portion of display 20 of Sato containing operator 22 corresponds to the first region of the claim. The portion of display 20 not containing operator 22 corresponds to the second region of the claim.)
Instant Claim 5: The audio and video processing device according to claim 1, wherein the tangible physical operator comprises a light transmitting portion that transmits light, (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation,” (Sato, paragraph 33) The operator 22 on the touch panel of Sato transmits light on order for the user to see the operator 22.)
and wherein the icon that is displayed in a region overlapping the tangible physical operator is visible through the light transmitting portion. (Any icons on the touch panel display 20 of Sato are visible through the light emitted by the operator 22.)
Instant Claim 6: The audio and video processing device according to claim 1, wherein the display surface has a first region in which the tangible physical operator is arranged, and a second region in which the tangible physical operator is not arranged. (This portion of claim 6 is included within claim 3, and thus, is rejected under the same rationale.)
Instant Claim 7: The audio and video processing device according to claim 6, wherein the tangible physical operator is one of: a push switch that allows a push operation; an encoder that allows a rotation operation; or a fader that allows a linear movement operation, (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28. The fader 24 adjusts input and output levels of the audio signal assigned to the channel strip, and includes a linear fader or a rotary fader.” (Sato, paragraph 33) The operator 22 of Sato may include a fader.)
and wherein, in a case where the tangible physical operator is the push switch, the first region detects contact by a user's finger with the push switch, and pushing of the push switch, through a change in the electrostatic capacitance, wherein, in a case where the tangible physical operator is the encoder, the first region detects a rotation operation of the encoder through a change in the electrostatic capacitance, and wherein, in a case where the tangible physical operator is the fader, the first region detects a linear movement operation of the fader through a change in the electrostatic capacitance, (When the capacitive touch screen of Chen is incorporated into Sato, changes in capacitance are used to detect the user’s touch operation on the fader 24.)
and wherein the second region detects contact by a user's finger with respect to the second region through a change in the electrostatic capacitance. (When the capacitive touch screen of Chen is incorporated into Sato, changes in capacitance are used to detect the user’s touch operation.)
Instant Claim 8: The audio and video processing device according to claim 6, wherein a mechanism that is configured to detect a change in the electrostatic capacitance is the same in the first region and the second region. (When the capacitive touch screen of Chen is incorporated into Sato, changes in capacitance are used to detect the user’s touch operation.)
Instant Claim 9: The audio and video processing device according to claim 6, wherein a sensitivity with which a change in the electrostatic capacitance is detected in the first region is higher than a sensitivity with which a change in the electrostatic capacitance is detected in the second region. (It would be obvious for the capacitive touch detection of Sato/Chen to be more sensitive when detecting for the operator 22 since a linear motion related to the fader is less likely to be accidental.)
Instant Claim 10: The audio and video processing device according to claim 6, wherein the first region is configured to detect the electrostatic capacitance at a plurality of levels. (“The fader 24 (fig 1) adjusts input and output levels of the audio signal assigned to the channel strip,” (Sato, paragraph 33) When the capacitive touch screen of Park is incorporated into Sato, changes in capacitance are used to detect the touch operation.)
Instant Claim 11: The audio and video processing device according to claim 1, wherein the tangible physical operator comprises a plurality of tangible physical operators, (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation, or physical switches, buttons, knobs, or the like may be employed.” (Sato, paragraph 33))
and wherein the audio and video processing device comprises a support body that integrally supports the plurality of tangible physical operators. (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation,” (Sato, paragraph 33) Referring to fig 2 of Sato, the housing surrounding the display 20 of Sato corresponds to the support body of the claim.)
Instant Claim 12: The audio and video processing device according to claim 1, wherein the tangible physical operator comprises a plurality of tangible physical operators, (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation, or physical switches, buttons, knobs, or the like may be employed.” (Sato, paragraph 33))
and wherein the plurality of tangible physical operators are joined. (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28. The fader 24 adjusts input and output levels of the audio signal assigned to the channel strip, and includes a linear fader or a rotary fader.” (Sato, paragraph 33) The various components of the operator 22 of Sato are joined.)
Instant Claim 13: The audio and video processing device according to claim 1, wherein the tangible physical operator is configured to be freely attached to, and detached from, the display surface. (According to section 2144.04 of the MPEP, under the heading Making Separable, in the case of In re Dulberg the court ruled “if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose”. Similarly in Sato, the operator 22 being attachable/detachable is a matter of design choice.)
Instant Claim 14: The audio and video processing device according to claim 1, wherein the tangible physical operator comprises a plurality of tangible physical operators, (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation, or physical switches, buttons, knobs, or the like may be employed.” (Sato, paragraph 33))
and wherein the processor is configured to change the processing parameter as a result of a user's finger sliding so as to sequentially make contact with the plurality of tangible physical operators. (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28. The fader 24 adjusts input and output levels of the audio signal assigned to the channel strip, and includes a linear fader or a rotary fader.” (Sato, paragraph 33)
“When the user operates the SEL button (fig 1), the one or more processors 14 display a parameter setting screen of the corresponding channel strip on the display 20.” (Sato, paragraph 43))
Instant Claim 15: The audio and video processing device according to claim 1, wherein the tangible physical operator is a push switch that allows a push operation, (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28.” (Sato, paragraph 33) The select button 26 and the fix layer button 28 of Sato correspond to the push switch of the claim.)
and wherein the touch panel is configured to detect contact by a user's finger with the push switch and pushing of the push switch through a change in the electrostatic capacitance. (When the capacitive touch screen of Chen is incorporated into Sato, changes in capacitance are used to detect the user’s touch operation.)
Instant Claim 16: The processing device according to claim 15, wherein the push switch comprises a key top, a support portion placed on the display surface, and a joint portion that joins the key top and the support portion, wherein the joint portion holds the key top such that the key top is arranged with a spacing from the display surface, and is elastically deformed when the key top is pushed by a user's finger and moves toward the display surface, (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28.” (Sato, paragraph 33) The select button 26 and the fix layer button 28 of Sato are obviously typical buttons containing a top portion, an elastic middle portion, and a portion that directly contacts the mixing console.)
and wherein a top surface of the key top with which a user's finger makes contact is recessed in a concave shape. (The exact shape of the top portion of the select button 26 and the fix layer button 28 of Sato is a matter of design choice.)
Instant Claim 17: The audio and video processing device according to claim 15, wherein the push switch comprises a switch body, and a conductive layer that is coated on a surface of the switch body. (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28.” (Sato, paragraph 33) The select button 26 and the fix layer button 28 of Sato contain a capacitive conductive portion.)
Instant Claim 18: The audio and video processing device according to claim 1, wherein the tangible physical operator is an encoder that allows a rotation operation, (“In one channel strip, a rotary encoder, various buttons, and the fader (electricity-driven fader) 24 (fig 1) are provided as the operator 22.” (Sato, paragraph 39))
and wherein the touch panel is configured to detect a rotation operation of the encoder through a change in the electrostatic capacitance. (When the capacitive touch screen of Chen is incorporated into Sato, changes in capacitance are used to detect the user’s touch operation.)
Instant Claim 19: The audio and video processing device according to claim 18, wherein the touch panel is configured to detect both contact by a user's finger with respect to the encoder and a rotation operation of the encoder through a change in the electrostatic capacitance. (“In one channel strip, a rotary encoder, various buttons, and the fader (electricity-driven fader) 24 (fig 1) are provided as the operator 22.” (Sato, paragraph 39) When the capacitive touch screen of Chen is incorporated into Sato, changes in capacitance are used to detect the user’s touch operation.)
Instant Claim 20: The audio and video processing device according to claim 18, wherein the encoder comprises a cylinder-shaped rotation operation portion that is configured to be subjected to a rotation operation by a user's finger, (“In one channel strip, a rotary encoder, various buttons, and the fader (electricity-driven fader) 24 (fig 1) are provided as the operator 22.” (Sato, paragraph 39) The rotary encoder of Sato is obviously cylinder-shaped.)
and a push operation portion that is arranged on an inner side of the rotation operation portion and is configured to be subjected to a push operation by a user's finger. (Rotary knobs are commonly also push buttons, providing the user an additional functional component.)
Instant Claim 21: The audio and video processing device according to claim 18, wherein the encoder comprises a fixed portion that is fixed to the touch panel, a rotation operation portion that allows a rotation operation relative to the fixed portion, and a bearing provided between the fixed portion and the rotation operation portion. (“In one channel strip, a rotary encoder, various buttons, and the fader (electricity-driven fader) 24 (fig 1) are provided as the operator 22.” (Sato, paragraph 39) The rotary encoder of Sato is obviously a typical rotary knob containing a top rotary portion, a middle portion, and a portion that directly contacts the mixing console.)
Instant Claim 22: The audio and video processing device according to claim 1, wherein the tangible physical operator is a fader configured to allow a linear movement operation, and wherein the touch panel is configured to detect a linear movement operation of the fader through a change in the electrostatic capacitance. (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28. The fader 24 adjusts input and output levels of the audio signal assigned to the channel strip, and includes a linear fader or a rotary fader.” (Sato, paragraph 33) When the capacitive touch screen of Chen is incorporated into Sato, changes in capacitance are used to detect the user’s touch operation on the fader 24.)
Instant Claim 23: The audio and video processing device according to claim 22, wherein the fader comprises: a knob portion that is configured to be operated by a user's finger; and a cover portion that is arranged on the display surface and has a guide groove, wherein the guide groove is formed in a linearly extending groove shape and is configured to guide the knob portion in a linear direction. (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28. The fader 24 adjusts input and output levels of the audio signal assigned to the channel strip, and includes a linear fader or a rotary fader.” (Sato, paragraph 33) The fader 24 of Sato is obviously a typical linear-moving knob containing a top portion which the user’s finger operates; and a portion that directly contacts the mixing console and which is guided in a liner direction along a groove.)
Instant Claim 24: The audio and video processing device according to claim 22, wherein the fader comprises a knob portion that is configured to be held by a user's finger and is configured to be linearly moved, (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28. The fader 24 adjusts input and output levels of the audio signal assigned to the channel strip, and includes a linear fader or a rotary fader.” (Sato, paragraph 33) The fader 24 of Sato is obviously a typical linear-moving knob containing a top portion which the user’s finger operates.)
and wherein the touch panel is configured to detect contact by a user's finger with respect to the knob portion, pushing of the knob portion, and linear movement of the knob portion through a change in the electrostatic capacitance. (When the capacitive touch screen of Chen is incorporated into Sato, changes in capacitance are used to detect the user’s touch operation on the fader 24.)
Instant Claim 25: The audio and video processing device according to claim 1, wherein the tangible physical operator is configured such that the icon displayed on the display surface is visible therethrough, (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation, or physical switches, buttons, knobs, or the like may be employed.” (Sato, paragraph 33) The user of Sato must inherently be able to view the icons presented on display 20.)
and wherein the processor is configured to change the icon in response to a change in the processing parameter based on an operation of the tangible physical operator. (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26,” (Sato, paragraph 33)
“When the user operates the SEL button (fig 1), the one or more processors 14 display a parameter setting screen of the corresponding channel strip on the display 20.” (Sato, paragraph 43) When the user of Sato changes the parameter on the display 20, the icon corresponding to the pattern will change accordingly.)
Instant Claim 26: The audio and video processing device according to claim 25, wherein the tangible physical operator is either a push switch configured to allow a push operation, or an encoder configured to allow a rotation operation, (“The operator 22 (fig 1) includes a fader 24, a select (SEL) button 26, and a fix layer (FIX LAYER) button 28.” (Sato, paragraph 33) The select button 26 and the fix layer button 28 of Sato correspond to the push switch of the claim.)
wherein, in a case where the tangible physical operator is the push switch, the push switch is configured such that the icon displayed on the display surface is visible therethrough, and wherein, in a case where the tangible physical operator is the encoder, the encoder comprises a cylinder-shaped rotation operation portion that is configured to be subjected to a rotation operation by a user's finger, and an inner portion that is arranged on an inner side of the rotation operation portion, and the inner portion is formed such that the icon displayed on the display surface is visible therethrough. (“For example, the display 20 (fig 1) may be formed by a touch panel, and the operator 22 may be displayed on the touch panel to allow a touch operation, or physical switches, buttons, knobs, or the like may be employed.” (Sato, paragraph 33) The user of Sato must inherently be able to view the icons presented on display 20.)
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/YARON COHEN/Examiner, Art Unit 2626
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