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 Interpretation
1. Claims 21-30 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim.
2. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “configured to” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “configured to” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “configured to” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “configured to” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “configured to” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “configured to” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “configured to” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 103
3.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.
4. Claim(s) 1-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pogue et al. (US 9,799,329) in view of Tateishi (US 9398247)
Regarding claims 1 and 11, Pogue discloses a method comprising: receiving, by a computing device, a signal corresponding to audio content of a content item being output in an environment (Col.7 lines 61-62, Col.12 lines 5-15 and fig.3B, 300, 302: Pogue discusses receiving a first audio signal based on first sound emitted in an environment); detecting environmental audio comprising the audio content and remaining audio (Col.3 lines 65-67, Col.4 lines 1-2 and fig.1, 102, 104, 142(1): Pogue discusses how the system detects audio from the environment, such as sounds uttered from the user as well as sounds emitted from other entities within the environment such as phone ringing etc.); determining the remaining audio by removing the audio content from the environmental audio (Col.11 lines 44-57, Col.2 lines 6-34 and Col.3 lines 20-33: Pogue discusses removing, from the second audio signal, the first component which corresponding to the environmental sound to generate a modified second audio signal; and performing automatic speech recognition on the modified second audio signal to identify the voice command uttered by the user); determining a location, within the environment, associated with the remaining audio (Col.3 lines 20-29 and Col.9 lines 41-53: determining that the sound is the environmental sound may be further based on this information; For instance, if church bells often ring at 9:00 am on a Sunday);
Pogue discloses the invention set forth above but does not specifically point out “adjusting, based on a determination of a type of the remaining audio, output of the content item at the location”
Tateishi however discloses adjusting, based on a determination of a type of the remaining audio, output of the content item at the location (abstract, Col.1 lines 39-62 and Col.4 lines 33-46: Tateishi discusses how the volume/gain controller controls the speaker controller according to the surrounding situation from the situation analyzer, thereby controlling the output of the
sound of the TV; such as, the volumes of the speakers 15L and 15R, the gain of the sound output from the speakers 15L and 15R and the like.; and when a voice is heard around the TV, there are a case where it is proper to adjust the output of the sound from the TV and a case where it is proper not to adjust the output of the sound from the TV).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Pogue, and modify a system to adjust, based on a determination of a type of the remaining audio, output of the content item at the location, as taught by Tateishi, thus analyzes a situation of the environment based on a result of the detection and the captured sound data and controls an audio volume corresponding to reproduced content based on a result of the analyzing, as discussed by Tateishi.
Regarding claim 21, Pogue discloses a system comprising: a first computing device; and a second computing device configured to send, to the first computing device, one or more signals (fig.1 and fig.2); wherein the first computing device is configured to: receive, from the second computing device, one of the one or more signals corresponding to audio content of a content item being output in an environment (Col.7 lines 61-62, Col.12 lines 5-15 and fig.3B, 300, 302: Pogue discusses receiving a first audio signal based on first sound emitted in an environment); detect environmental audio comprising the audio content and remaining audio (Col.3 lines 65-67, Col.4 lines 1-2 and fig.1, 102, 104, 142(1): Pogue discusses how the system detects audio from the environment, such as sounds uttered from the user as well as sounds emitted from other entities within the environment such as phone ringing etc.); determine the remaining audio by removing the audio content from the environmental audio (Col.11 lines 44-57, Col.2 lines 6-34 and Col.3 lines 20-33: Pogue discusses removing, from the second audio signal, the first component which corresponding to the environmental sound to generate a modified second audio signal; and performing automatic speech recognition on the modified second audio signal to identify the voice command uttered by the user); determine a location, within the environment, associated with the remaining audio (Col.3 lines 20-29 and Col.9 lines 41-53: determining that the sound is the environmental sound may be further based on this information; For instance, if church bells often ring at 9:00 am on a Sunday);
Pogue discloses the invention set forth above but does not specifically point out “adjust, based on a determination of a type of the remaining audio, output of the content item at the location”
Tateishi however discloses adjusting, based on a determination of a type of the remaining audio, output of the content item at the location (abstract, Col.1 lines 39-62 and Col.4 lines 33-46: Tateishi discusses how the volume/gain controller controls the speaker controller according to the surrounding situation from the situation analyzer, thereby controlling the output of the
sound of the TV; such as, the volumes of the speakers 15L and 15R, the gain of the sound output from the speakers 15L and 15R and the like.; and when a voice is heard around the TV, there are a case where it is proper to adjust the output of the sound from the TV and a case where it is proper not to adjust the output of the sound from the TV).
Considering claims 2, 12 and 22, Pogue discloses the method of claims 1, 11 and 21, wherein the determining the remaining audio by removing the audio content from the environmental audio comprises combining the environmental audio with an inverse of the signal corresponding to the audio content to cancel the audio content from the environmental audio (Col.1 lines 29-33, Col.2 lines 30-38, and Col.3 lines 15-19: Pogue discusses how the system remove the portion of the audio signal corresponding to the environmental sound; such as, a filter (e.g., a parametric filter) may be inserted to remove one or more frequency ranges of the audio signal).
Considering claims 3, 13 and 23, Tateishi discloses the method of claims 1, 11 and 21, wherein the adjusting the output of the content item comprises lowering an audio volume at the location based on determining that a conversation is occurring at the location while maintaining or increasing an audio volume at a different location in the environment (Col.1 lines 39-62, Col.4 lines 33-46 and fig.4, S24, S26).
Considering claims 4, 14 and 24, Pogue discloses the method of claims 1, 11 and 21, wherein the determined type of remaining audio comprises one or more of: a conversation, a doorbell ringing, a telephone ringing, footsteps, an appliance operating, construction work, a siren, an alarm, a vehicle, a dog barking, a door opening or closing, or a mobile device alert (Col.3 lines 11-19 and Col.8 lines 25-35: Pogue discusses environmental sounds, such as the ring of a doorbell, the squeak of a door, or the like).
Considering claims 5, 15 and 25, Pogue discloses the method of claims 1 and 11, wherein the adjusting the output of the content item is further based on classifying one or more portions of the remaining audio into at least one sound type (Col.3 lines 11-49 and Col.7 lines 21-24: environmental sounds include the sound of a doorbell, street noise, ringtones, and the like.).
Considering claims 6, 16 and 26, Tateishi discloses the method of claims 1, 11 and 21, wherein the adjusting the output of the content item comprises reducing, via an audio output device at the location associated with the remaining audio, a volume level of the audio content while maintaining or increasing an audio volume of the audio content via another audio output device at a different location in the environment (Col.1 lines 39-62, Col.4 lines 33-46 and fig.4, S22, S24, S26: adjusting volume based on the environmental sound).
Considering claims 7, 17 and 27, Tateishi discloses the method of claims 1, 11 and 21, wherein the adjusting the output of the content item comprises adjusting, based on determining that a distance between a user within the environment and an audio output device satisfies a distance threshold, a volume level of the audio content output via the audio output device (Col.9 lines 18-34 and fig.5: Tateishi discusses how the sound output control can be performed according to the distance (from the TV) to a user who is watching a program (watching distance; and how an adjustment amount by which the volume is turned up according to the predetermined threshold distance).
Considering claims 8, 18 and 28, Pogue discloses the method of claims 1, 11 and 21, wherein the remaining audio comprises an ambient noise level in the environment without the audio content (Col.3 lines 11-49 and Col.7 lines 21-24: Pogue discusses environmental sounds include the sound of a doorbell, street noise, ringtones, and the like., i.e. an ambient noise level in the environment without the audio content).
Considering claims 9, 19 and 29, Tateishi discloses the method of claims 1, 11 and 21, further comprising: wirelessly receiving, prior to outputting the content item in the environment, the signal corresponding to the audio content and information indicating a corresponding type of scene of the content item to be output, wherein adjusting the output of the content item is further based on a type of scene of the content item to be output (Col.2 lines 5-7, Col.13 lines 35-67 and Col.16 lines 5-25: Tateishi discusses how the system controls an audio volume corresponding to reproduced content based on a result of the analyzing; and how the system controls the audio volume corresponding to the reproduced content to be lowered when it is determined that the captured sound data is a human's voice ).
Considering claims 10, 20 and 30, Pogue discloses the method of claims 1, 11 and 21, wherein the signal corresponding to the audio content is received via program information that includes audio of the content item (Col.10 lines 22-24, Col.4 lines 49-57 and fig.1, 142(1), 142(2)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/
Primary Examiner, Art Unit 2691
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