APPLE INC./BSTZ I EXAMINER 1279 OAKMEAD PARKWAY
UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTIVIENT OF COMIVIERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS PO. Box 1450 Alexandria1 Virginia 22313- 1450 wwwnsptogov
APPLICATION NO.
FILING DATE
FIRST NAMED INVENTOR
13/116,895
05/26/2011
Anthony J. Guetta
45217
7590
I ATTORNEY DOCKET NO.
CONFIRMATION NO.
04860.P10552
6431
l2/l7/2013
APPLE INC./BSTZ
I
EXAMINER
BLAKELY SOKOLOPF TAYLOR & ZAFMAN LLP
SAUNDERS JR, JOSEPH
1279 OAKMEAD PARKWAY SUNNYVALE, CA 94085-4040
I
ARTUNIT
I
PAPER NUMBER
I
DELIVERY MODE
2655
I
MAIL DATE
12/ 1 7/201 3
PAPER
Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication.
PTOL—90A (Rev. 04/07)
Application No.
Applicant(s)
13/116,895
Office Action Summary
GUETTA ET AL.
Examiner
Art Unit
AIA (First Inventorto File)
Joseph Saunders
2655
Status No
-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
Period for Reply
A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF THIS COMMUNICATION. -
Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing date of this communication. If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133). Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
Status
1)IXI Responsive to communication(s) filed on 29 August 2013. [I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
2a)IZI This action is FINAL.
.
2b)I:I This action is non-final.
3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on ; the restriction requirement and election have been incorporated into this action.
4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
Disposition of Claims* 5)IXI C|aim(s) 1-22 24 and 28-34 is/are pending in the application. 5a) Of the above claim(s) 31-34 is/are withdrawn from consideration.
6 ) III 7)IZ| 8 ) El 9)|:I
Claim ( s) is/are allowed. Claim(s ) 1-22 24 and 28-30 is/are rejected. Claim ( s) is/are objected to. C|aim(s ) are subject to restriction and/or election requirement.
* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information, please see hits://www.usnto.ctov/patents/init events/Dmit/indexisn or send an inquiry to PPl-Ifeedbackffibuspto.qov.
Application Papers 10)I:I The specification is objected to by the Examiner.
11)|Z| The drawing(s) filed on 26 May 2011 is/are: a)IXI accepted or b)I:I objected to by the Examiner. Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a). Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
Priority under 35 U.S.C. § 119 12)|:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
Certified copies:
a)I:I All
b)I:I Some** c)I:I None of the:
1.I:I
Certified copies of the priority documents have been received.
2.I:I
Certified copies of the priority documents have been received in Application No.
3.|:I
Copies of the certified copies of the priority documents have been received in this National Stage
application from the International Bureau (PCT Rule 17.2(a)). ** See the attached detailed Office action for a list of the certified copies not received.
Attachment(s) 1) D Notice of References Cited (PTO-892)
3) I] Interview Summary (PTO-413)
2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b) Paper No(s)/Mai| Date 8-29-13.
4) I] Other:
Paper No(s)/Mai| Date.
.
.
US. Patent and Trademark Office
PTOL-326 (Rev. 11-13)
Office Action Summary
Part of Paper No./Mai| Date 20131215
Application/Control Number: 13/116,895
Page 2
Art Unit: 2655
DETAILED ACTION 1.
The present application is being examined under the pre-AIA first to invent
provisions. This Office action is based on the communications filed August 29, 2013. Claims 1 — 22, 24, and 28 — 34 are currently pending and considered below.
Election/Restrictions 2.
Newly submitted claims 31 — 34 are directed to an invention that is independent
or distinct from the invention originally claimed for the following reasons: The previously pending claims decoding audio based upon the hardware format supported by an output device, whereas the newly added claims 31 — 34 merely decodes audio based on the quality of the output device and not hardware format support. Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 31 — 34 are withdrawn from
consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and
MPEP § 821.03.
Claim Rejections - 35 USC § 1 12 3.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise,
and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode
contemplated by the inventor orjoint inventor of carrying out the invention.
Application/Control Number: 13/116,895
Page 3
Art Unit: 2655
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to
enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the
inventor of carrying out his invention.
4.
Claims 1 — 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA),
first paragraph, as failing to comply with the written description requirement. The
claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites the limitation “wherein the output device has an audio fidelity determined by the frequency response of the output device,” however the closest recitation in the specification at paragraph [0040] does not have
support for fidelity determined by the frequency response. Therefore, the claim will be interpreted as “wherein the output device has an audio fidelity”. Claim 2 — 10 are rejected due to dependency.
5.
The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
6.
Claims 9, 10, 19, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112
(pre-AIA), second paragraph, as being indefinite for failing to particularly point out and
Application/Control Number: 13/116,895
Page 4
Art Unit: 2655
distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. 7.
Claims 9 and 19 recites the limitation "a first output device". However, there was
already an "output device" in claim. Therefore it becomes unclear if the "first output device" and the "output device" are the same. A similar issue pertains to the limitation regarding fidelity. Claims 10 and 20 are rejected due to dependency.
Claim Rejections - 35 USC § 102 8.
The following is a quotation of the appropriate paragraphs of pre-AIA 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 — (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
9.
Claims 1, 2, 4, 5, 11, 12, 14, 15, 21, 22, and 24 are rejected under pre-AIA 35
U.S.C. 102(b) as being anticipated by Pan et al. (US 2009/0060455 A1), hereinafter
@-
Claim 1: fl discloses an audio processing device comprising a plurality of elements that include logic elements, wherein the plurality of elements are configured to perform
operations including: determining an encode format of audio content to be decoded by the audio processing device (see at least, “FIG. 2 is a functional block diagram showing an example of the functional structure of the image processing apparatus 11 when the image processing apparatus 11 sets (determines) formats of the image signal and the
Application/Control Number: 13/116,895
Page 5
Art Unit: 2655 audio signal in order to supply the image signal and the audio signal in the format appropriate for the capability of the monitor apparatus 12,” [0054]); determining a hardware format supported by an output device to which decoded audio data is to be provided, wherein the output device is coupled to the audio processing device (see at least, “The image processing apparatus 11 outputs the image signal and the audio signal in a format appropriate for the capability of the monitor apparatus 12 on the basis of the EDID acquired from the monitor apparatus 12,” [0053], see also at least [0045], [0054], [0057] — [0058]), and wherein the output device has an
audio fidelity (see at least, “quality,” [0118]) determined by the frequency response of the output device (frequency response not given patentable weight per 112 above); based at least in part upon the hardware format supported by the output device (see at least, “capability,” [0053]), the encode format of the audio content (see at least, “encodes or decodes the audio signal,” “output format,” [0048]), and the fidelity of the output device (see at least, “quality,” [0118]), determining a decode format, from a
plurality of decode formats, to which audio content is to be decoded (see at least, [0048], [0059] — [0060], [0070] — [0071], [0084] — [0094]); and decoding at least a portion of the audio content to the decode format (see at
least, [0048] — [0049], [0052]).
Claim 2: fl discloses the device of claim 1, wherein the audio content has one of the
following encode formats: 16-bit pulse-code modulation (PCM), 24-bit PCM, Advanced Audio Coding (AAC), MP3, Apple Lossless, Waveform Audio File Format (WAV), or
Application/Control Number: 13/116,895
Page 6
Art Unit: 2655 Audio Interchange File Format (AIFF) (see at least, [0048], [0059] — [0060], [0070] —
[0071], [0084] — [0094]).
Claim 4: Pan discloses the device of claim 1, wherein the decode format is based on a
32-bit floating point number, 8.24 fixed-point integer, a 24-bit integer, or a 16-bit integer
(see at least, [0048], [0059] — [0060], [0070] — [0071], [0084] — [0094]).
Claim 5: fl discloses the device of claim 1, wherein the plurality of elements are configured to perform further operations including: converting at least a portion of the audio content from the decode format to the hardware format supported by the output device; and providing the audio content to the output device after converting (see at least, [0118] — [0120]).
Claims 11, 12, 14, 15 and 21, 22, 24 are substantially similar in scope to claims 1, 2, 4 and 5 and therefore are rejected for the same reasons.
Claim Rejections - 35 USC § 103 10.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Application/Control Number: 13/116,895
Page 7
Art Unit: 2655
11.
Claims 3 and 13 are rejected under pre-AIA 35 U.S.C. 103(a) as being
unpatentable over E in view of Ainspan et al. (US 8,138,840 B2), hereinafter Ainspan.
Claim 3: fl discloses the device of claim 1, but does not disclose wherein decoding the audio content to the decode format comprises: generating, based at least in part
upon the audio content, a first version of decoded audio that is at a first bit depth corresponding to the bit depth of the decode format; and generating, based at least in part upon the first version of decoded audio and a dithering processing, a second version of decoded audio that is at a second bit depth that is lower than the first bit depth, the second bit depth corresponding to the bit depth of the hardware format supported by the output device. fl does disclose converting audio from first bit depth to second bit depths (see at least, “CODEC 61 [0048], “number of bit setup,” [0048], [0059] — [0060], [0070] — [0071], [0084] — [0094]). Further, Ainspan discloses, “Dithering
is an applied form of noise, used to randomize quantization error, thereby preventing the occurrence of large-scale patterns that may be more objectionable than uncorrelated noise. Dither is routinely used in processing of digital data. Dither may be applied to rate conversions and to bit-depth transitions. It is utilized in many different fields where digital processing and analysis are used, especially waveform analysis. These uses include systems employing digital signal processing, such as digital audio,”
Column 5 Lines 45 — 53. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include dithering as disclosed by Ainspan when transition from a high bit depth to a lower bit depth as desired by a user of the device
Application/Control Number: 13/116,895
Page 8
Art Unit: 2655 based on hardware format supported in Pan, thereby “preventing the occurrence of large-scale patterns that may be more objectionable than uncorrelated noise,” Ainspan Column 5 Lines 45 — 53
Claim 13 is substantially similar in scope to claim 3 and therefore is rejected for the same reasons.
12.
Claims 6 — 8, 16 — 18, and 28 — 30 are rejected under pre-AIA 35 U.S.C. 103(a)
as being unpatentable over E in view of Kasa et al. (US 2008/0312761 A1), hereinafter Kasa.
Claim 6: fl discloses the device of claim 5, wherein decoding the audio content to the decode format further comprises: in response to determining that at least one of the one or more operations will be performed: generating the decoded audio at a first bit depth that is higher than the bit depth of the hardware format supported by the output device (see at least, “CODEC 61
fl [0048], “number of bit setup,” fl [0048], [0059] —
[0060], [0070] — [0071], [0084] — [0094]); generating, based at least in part upon the second audio data, third audio data that is at a second bit depth that is lower than the first bit depth the second bit depth corresponding to the hardware format supported by the output device (see at least, “CODEC 61
fl [0048], “number of bit setup,” fl
[0048], [0059] — [0060], [0070] — [0071], [0084] — [0094]), but does not disclose wherein
the plurality of elements are configured to further operations including: determining
Application/Control Number: 13/116,895
Page 9
Art Unit: 2655 whether at least one operation of one or more operations will be performed on decoded audio resulting from the decoding prior to the decoded audio being converted into an analog signal. However, m discloses a similar audio playing apparatus and method. m further teaches determining whether at least one operation of one or more
operations (see at least, “mixer 67”, “mixer 73,” FIGS. 2 — 5) will be performed on decoded audio (see at least, “decoder 63,” “decoder 64,” FIGS. 2 — 5) resulting from the decoding prior to the decoded audio being converted into an analog signal (see at least, “The audio output terminal 84 may include an A/D converter that converts the data of an
audio stream to an analog audio signal and an internal speaker that receives the supply of the analog audio signal,” [0043]). It would have been obvious to one of ordinary skill
in the art at the time of the invention to further configure the output mixing as disclosed by w in the invention of E thereby further allowing for the output mixing to be specified based on the connected device thereby allowing for the output to be controlled as desired by the user.
Claim 7: fl and m disclose the device of claim 6, wherein the audio content is at a
first bit depth, wherein decoding the audio content to the decode format further comprises: in response to determining that none of the one or more operations will be performed on the decoded audio prior to the decoded audio being converted into the hardware format supported by the output device, generating the decoded audio at the first bit depth without first generating a version of the decoded audio at a second bit depth that is higher than the first bit depth (see at least, “mixer 67 , mixer 73,
decoder
Application/Control Number: 13/116,895
Page 10
Art Unit: 2655
63,” “decoder 64,” Kasa FIGS. 2 — 5, “The audio output terminal 84 may include an A/D converter that converts the data of an audio stream to an analog audio signal and an internal speaker that receives the supply of the analog audio signal,” Kasa [0043]).
Claim 8: Pan and Kasa disclose the device of claim 6, wherein the one or more operations include mixing the decoded audio with other audio data, applying volume to decoded audio, and equalization of the decoded audio (see at least, “mixer 67 , mixer 73,” Kasa FIGS. 2 — 5).
Claims 16 — 18 and 28 are substantially similar in scope to claims 6 — 8 and therefore are rejected for the same reasons.
Claim 29: fl discloses the device of claim 1 but does not disclose, wherein the
decode format is a first decode format, and wherein the plurality of elements are configured to perform further operations including: while decoding at least a portion of the audio content to the first decode format: determining a second decode format to which a second portion of the audio content is to be decoded, wherein the second
decode format is different than the first decode format, wherein the second portion is different than the portion; and decoding the second portion of the audio content to the second decode format. m discloses a similar audio playing apparatus and method. m further teaches wherein the decode format is a first decode format, wherein the
plurality of elements are configured to perform: while decoding at least a portion of the
Application/Control Number: 13/116,895
Page 11
Art Unit: 2655 audio content to the first decode format: determining a second decode format to which a second portion of the audio content is to be decoded, wherein the second decode
format is different than the first decode format, wherein the second portion is different than the portion; and decoding the second portion of the audio content to the second decode format (see at least, m “decoder 63,” “decoder 64,” FIGS. 2 — 5). It would have been obvious to one of ordinary skill in the art at the time of the invention to further configure the output mixing as disclosed by w in the invention of E thereby further allowing for the output mixing to be specified based on the connected device thereby allowing for the output to be controlled as desired by the user.
Claim 30: fl and @ disclose the device of claim 9, wherein decoding the second portion of the audio content to the second decode format comprises: determining whether any other data content is being decoded while the portion of the audio content is being decoded; and only decoding the second portion of the audio content to the second decode format if it is determined that no other data content is being decoded while the portion of the audio content is being decoded (see at least, Kasa “decoder 63, “decoder 64,” FIGS. 2 — 5).
Response to Arguments 13.
Applicant's arguments filed August 29, 2013 have been fully considered but they
are not persuasive. Applicant argues Pan does not disclose the amendments regarding decoding based upon the hardware format supported by the output device. However,
Application/Control Number: 13/116,895
Page 12
Art Unit: 2655 the Examiner respectfully disagrees and has updated the rejection with additional
citations to illustrate that Pan also teaches the newly claimed limitations.
Conclusion 14.
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
CFR1.136(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
extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph Saunders whose telephone number is (571 )2701063. The examiner can normally be reached on Monday - Thursday, 9:00 am. - 4:00 pm, EST.
Application/Control Number: 13/116,895
Page 13
Art Unit: 2655 If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
/Joseph Saunders/ Primary Examiner, Art Unit 2655
APPLICATION NO.
FILING DATE
FIRST NAMED INVENTOR
13/116,895
05/26/2011
Anthony J. Guetta
45217
7590
I ATTORNEY DOCKET NO.
CONFIRMATION NO.
04860.P10552
6431
l2/l7/2013
APPLE INC./BSTZ
I
EXAMINER
BLAKELY SOKOLOPF TAYLOR & ZAFMAN LLP
SAUNDERS JR, JOSEPH
1279 OAKMEAD PARKWAY SUNNYVALE, CA 94085-4040
I
ARTUNIT
I
PAPER NUMBER
I
DELIVERY MODE
2655
I
MAIL DATE
12/ 1 7/201 3
PAPER
Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication.
PTOL—90A (Rev. 04/07)
Application No.
Applicant(s)
13/116,895
Office Action Summary
GUETTA ET AL.
Examiner
Art Unit
AIA (First Inventorto File)
Joseph Saunders
2655
Status No
-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
Period for Reply
A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF THIS COMMUNICATION. -
Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing date of this communication. If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133). Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
Status
1)IXI Responsive to communication(s) filed on 29 August 2013. [I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
2a)IZI This action is FINAL.
.
2b)I:I This action is non-final.
3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on ; the restriction requirement and election have been incorporated into this action.
4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
Disposition of Claims* 5)IXI C|aim(s) 1-22 24 and 28-34 is/are pending in the application. 5a) Of the above claim(s) 31-34 is/are withdrawn from consideration.
6 ) III 7)IZ| 8 ) El 9)|:I
Claim ( s) is/are allowed. Claim(s ) 1-22 24 and 28-30 is/are rejected. Claim ( s) is/are objected to. C|aim(s ) are subject to restriction and/or election requirement.
* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information, please see hits://www.usnto.ctov/patents/init events/Dmit/indexisn or send an inquiry to PPl-Ifeedbackffibuspto.qov.
Application Papers 10)I:I The specification is objected to by the Examiner.
11)|Z| The drawing(s) filed on 26 May 2011 is/are: a)IXI accepted or b)I:I objected to by the Examiner. Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a). Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
Priority under 35 U.S.C. § 119 12)|:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
Certified copies:
a)I:I All
b)I:I Some** c)I:I None of the:
1.I:I
Certified copies of the priority documents have been received.
2.I:I
Certified copies of the priority documents have been received in Application No.
3.|:I
Copies of the certified copies of the priority documents have been received in this National Stage
application from the International Bureau (PCT Rule 17.2(a)). ** See the attached detailed Office action for a list of the certified copies not received.
Attachment(s) 1) D Notice of References Cited (PTO-892)
3) I] Interview Summary (PTO-413)
2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b) Paper No(s)/Mai| Date 8-29-13.
4) I] Other:
Paper No(s)/Mai| Date.
.
.
US. Patent and Trademark Office
PTOL-326 (Rev. 11-13)
Office Action Summary
Part of Paper No./Mai| Date 20131215
Application/Control Number: 13/116,895
Page 2
Art Unit: 2655
DETAILED ACTION 1.
The present application is being examined under the pre-AIA first to invent
provisions. This Office action is based on the communications filed August 29, 2013. Claims 1 — 22, 24, and 28 — 34 are currently pending and considered below.
Election/Restrictions 2.
Newly submitted claims 31 — 34 are directed to an invention that is independent
or distinct from the invention originally claimed for the following reasons: The previously pending claims decoding audio based upon the hardware format supported by an output device, whereas the newly added claims 31 — 34 merely decodes audio based on the quality of the output device and not hardware format support. Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 31 — 34 are withdrawn from
consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and
MPEP § 821.03.
Claim Rejections - 35 USC § 1 12 3.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise,
and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode
contemplated by the inventor orjoint inventor of carrying out the invention.
Application/Control Number: 13/116,895
Page 3
Art Unit: 2655
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to
enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the
inventor of carrying out his invention.
4.
Claims 1 — 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA),
first paragraph, as failing to comply with the written description requirement. The
claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites the limitation “wherein the output device has an audio fidelity determined by the frequency response of the output device,” however the closest recitation in the specification at paragraph [0040] does not have
support for fidelity determined by the frequency response. Therefore, the claim will be interpreted as “wherein the output device has an audio fidelity”. Claim 2 — 10 are rejected due to dependency.
5.
The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
6.
Claims 9, 10, 19, and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112
(pre-AIA), second paragraph, as being indefinite for failing to particularly point out and
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Art Unit: 2655
distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention. 7.
Claims 9 and 19 recites the limitation "a first output device". However, there was
already an "output device" in claim. Therefore it becomes unclear if the "first output device" and the "output device" are the same. A similar issue pertains to the limitation regarding fidelity. Claims 10 and 20 are rejected due to dependency.
Claim Rejections - 35 USC § 102 8.
The following is a quotation of the appropriate paragraphs of pre-AIA 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 — (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
9.
Claims 1, 2, 4, 5, 11, 12, 14, 15, 21, 22, and 24 are rejected under pre-AIA 35
U.S.C. 102(b) as being anticipated by Pan et al. (US 2009/0060455 A1), hereinafter
@-
Claim 1: fl discloses an audio processing device comprising a plurality of elements that include logic elements, wherein the plurality of elements are configured to perform
operations including: determining an encode format of audio content to be decoded by the audio processing device (see at least, “FIG. 2 is a functional block diagram showing an example of the functional structure of the image processing apparatus 11 when the image processing apparatus 11 sets (determines) formats of the image signal and the
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Art Unit: 2655 audio signal in order to supply the image signal and the audio signal in the format appropriate for the capability of the monitor apparatus 12,” [0054]); determining a hardware format supported by an output device to which decoded audio data is to be provided, wherein the output device is coupled to the audio processing device (see at least, “The image processing apparatus 11 outputs the image signal and the audio signal in a format appropriate for the capability of the monitor apparatus 12 on the basis of the EDID acquired from the monitor apparatus 12,” [0053], see also at least [0045], [0054], [0057] — [0058]), and wherein the output device has an
audio fidelity (see at least, “quality,” [0118]) determined by the frequency response of the output device (frequency response not given patentable weight per 112 above); based at least in part upon the hardware format supported by the output device (see at least, “capability,” [0053]), the encode format of the audio content (see at least, “encodes or decodes the audio signal,” “output format,” [0048]), and the fidelity of the output device (see at least, “quality,” [0118]), determining a decode format, from a
plurality of decode formats, to which audio content is to be decoded (see at least, [0048], [0059] — [0060], [0070] — [0071], [0084] — [0094]); and decoding at least a portion of the audio content to the decode format (see at
least, [0048] — [0049], [0052]).
Claim 2: fl discloses the device of claim 1, wherein the audio content has one of the
following encode formats: 16-bit pulse-code modulation (PCM), 24-bit PCM, Advanced Audio Coding (AAC), MP3, Apple Lossless, Waveform Audio File Format (WAV), or
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Art Unit: 2655 Audio Interchange File Format (AIFF) (see at least, [0048], [0059] — [0060], [0070] —
[0071], [0084] — [0094]).
Claim 4: Pan discloses the device of claim 1, wherein the decode format is based on a
32-bit floating point number, 8.24 fixed-point integer, a 24-bit integer, or a 16-bit integer
(see at least, [0048], [0059] — [0060], [0070] — [0071], [0084] — [0094]).
Claim 5: fl discloses the device of claim 1, wherein the plurality of elements are configured to perform further operations including: converting at least a portion of the audio content from the decode format to the hardware format supported by the output device; and providing the audio content to the output device after converting (see at least, [0118] — [0120]).
Claims 11, 12, 14, 15 and 21, 22, 24 are substantially similar in scope to claims 1, 2, 4 and 5 and therefore are rejected for the same reasons.
Claim Rejections - 35 USC § 103 10.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis
for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
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11.
Claims 3 and 13 are rejected under pre-AIA 35 U.S.C. 103(a) as being
unpatentable over E in view of Ainspan et al. (US 8,138,840 B2), hereinafter Ainspan.
Claim 3: fl discloses the device of claim 1, but does not disclose wherein decoding the audio content to the decode format comprises: generating, based at least in part
upon the audio content, a first version of decoded audio that is at a first bit depth corresponding to the bit depth of the decode format; and generating, based at least in part upon the first version of decoded audio and a dithering processing, a second version of decoded audio that is at a second bit depth that is lower than the first bit depth, the second bit depth corresponding to the bit depth of the hardware format supported by the output device. fl does disclose converting audio from first bit depth to second bit depths (see at least, “CODEC 61 [0048], “number of bit setup,” [0048], [0059] — [0060], [0070] — [0071], [0084] — [0094]). Further, Ainspan discloses, “Dithering
is an applied form of noise, used to randomize quantization error, thereby preventing the occurrence of large-scale patterns that may be more objectionable than uncorrelated noise. Dither is routinely used in processing of digital data. Dither may be applied to rate conversions and to bit-depth transitions. It is utilized in many different fields where digital processing and analysis are used, especially waveform analysis. These uses include systems employing digital signal processing, such as digital audio,”
Column 5 Lines 45 — 53. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to include dithering as disclosed by Ainspan when transition from a high bit depth to a lower bit depth as desired by a user of the device
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Art Unit: 2655 based on hardware format supported in Pan, thereby “preventing the occurrence of large-scale patterns that may be more objectionable than uncorrelated noise,” Ainspan Column 5 Lines 45 — 53
Claim 13 is substantially similar in scope to claim 3 and therefore is rejected for the same reasons.
12.
Claims 6 — 8, 16 — 18, and 28 — 30 are rejected under pre-AIA 35 U.S.C. 103(a)
as being unpatentable over E in view of Kasa et al. (US 2008/0312761 A1), hereinafter Kasa.
Claim 6: fl discloses the device of claim 5, wherein decoding the audio content to the decode format further comprises: in response to determining that at least one of the one or more operations will be performed: generating the decoded audio at a first bit depth that is higher than the bit depth of the hardware format supported by the output device (see at least, “CODEC 61
fl [0048], “number of bit setup,” fl [0048], [0059] —
[0060], [0070] — [0071], [0084] — [0094]); generating, based at least in part upon the second audio data, third audio data that is at a second bit depth that is lower than the first bit depth the second bit depth corresponding to the hardware format supported by the output device (see at least, “CODEC 61
fl [0048], “number of bit setup,” fl
[0048], [0059] — [0060], [0070] — [0071], [0084] — [0094]), but does not disclose wherein
the plurality of elements are configured to further operations including: determining
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Art Unit: 2655 whether at least one operation of one or more operations will be performed on decoded audio resulting from the decoding prior to the decoded audio being converted into an analog signal. However, m discloses a similar audio playing apparatus and method. m further teaches determining whether at least one operation of one or more
operations (see at least, “mixer 67”, “mixer 73,” FIGS. 2 — 5) will be performed on decoded audio (see at least, “decoder 63,” “decoder 64,” FIGS. 2 — 5) resulting from the decoding prior to the decoded audio being converted into an analog signal (see at least, “The audio output terminal 84 may include an A/D converter that converts the data of an
audio stream to an analog audio signal and an internal speaker that receives the supply of the analog audio signal,” [0043]). It would have been obvious to one of ordinary skill
in the art at the time of the invention to further configure the output mixing as disclosed by w in the invention of E thereby further allowing for the output mixing to be specified based on the connected device thereby allowing for the output to be controlled as desired by the user.
Claim 7: fl and m disclose the device of claim 6, wherein the audio content is at a
first bit depth, wherein decoding the audio content to the decode format further comprises: in response to determining that none of the one or more operations will be performed on the decoded audio prior to the decoded audio being converted into the hardware format supported by the output device, generating the decoded audio at the first bit depth without first generating a version of the decoded audio at a second bit depth that is higher than the first bit depth (see at least, “mixer 67 , mixer 73,
decoder
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63,” “decoder 64,” Kasa FIGS. 2 — 5, “The audio output terminal 84 may include an A/D converter that converts the data of an audio stream to an analog audio signal and an internal speaker that receives the supply of the analog audio signal,” Kasa [0043]).
Claim 8: Pan and Kasa disclose the device of claim 6, wherein the one or more operations include mixing the decoded audio with other audio data, applying volume to decoded audio, and equalization of the decoded audio (see at least, “mixer 67 , mixer 73,” Kasa FIGS. 2 — 5).
Claims 16 — 18 and 28 are substantially similar in scope to claims 6 — 8 and therefore are rejected for the same reasons.
Claim 29: fl discloses the device of claim 1 but does not disclose, wherein the
decode format is a first decode format, and wherein the plurality of elements are configured to perform further operations including: while decoding at least a portion of the audio content to the first decode format: determining a second decode format to which a second portion of the audio content is to be decoded, wherein the second
decode format is different than the first decode format, wherein the second portion is different than the portion; and decoding the second portion of the audio content to the second decode format. m discloses a similar audio playing apparatus and method. m further teaches wherein the decode format is a first decode format, wherein the
plurality of elements are configured to perform: while decoding at least a portion of the
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Art Unit: 2655 audio content to the first decode format: determining a second decode format to which a second portion of the audio content is to be decoded, wherein the second decode
format is different than the first decode format, wherein the second portion is different than the portion; and decoding the second portion of the audio content to the second decode format (see at least, m “decoder 63,” “decoder 64,” FIGS. 2 — 5). It would have been obvious to one of ordinary skill in the art at the time of the invention to further configure the output mixing as disclosed by w in the invention of E thereby further allowing for the output mixing to be specified based on the connected device thereby allowing for the output to be controlled as desired by the user.
Claim 30: fl and @ disclose the device of claim 9, wherein decoding the second portion of the audio content to the second decode format comprises: determining whether any other data content is being decoded while the portion of the audio content is being decoded; and only decoding the second portion of the audio content to the second decode format if it is determined that no other data content is being decoded while the portion of the audio content is being decoded (see at least, Kasa “decoder 63, “decoder 64,” FIGS. 2 — 5).
Response to Arguments 13.
Applicant's arguments filed August 29, 2013 have been fully considered but they
are not persuasive. Applicant argues Pan does not disclose the amendments regarding decoding based upon the hardware format supported by the output device. However,
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Art Unit: 2655 the Examiner respectfully disagrees and has updated the rejection with additional
citations to illustrate that Pan also teaches the newly claimed limitations.
Conclusion 14.
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
CFR1.136(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
extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph Saunders whose telephone number is (571 )2701063. The examiner can normally be reached on Monday - Thursday, 9:00 am. - 4:00 pm, EST.
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Art Unit: 2655 If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571 -273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR.
Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
/Joseph Saunders/ Primary Examiner, Art Unit 2655
