Office Action 1: Non-Final Rejection (2024-10-08)
Rejection types: Double Patenting

CLAIMS:
CLAIMS What is claimed is:
1\. A system comprising: an audio input device configured to receive or obtain input audio; and one or more circuits configured to: determine when the system operates in an audio modifying mode; and when the system operates in the audio modifying mode: determine one or more audio control settings for modifying audio in the audio modifying mode; and modify at least the input audio, based on the one or more audio control settings.
2\. The system of claim 1, wherein the one or more audio control settings comprise parameters relating to one or more of audio pitch, audio intensity, and audio tone.
3\. The system of claim 1, wherein the input audio is associated with a user of the system, and wherein the one or more circuits are configured to determine at least one of the one or more audio control settings for modifying the input audio in conjunction with use of the system by the user.
4\. The system of claim 3, wherein the one or more circuits are configured to determine the at least one of the one or more audio control settings for modifying the input audio in conjunction with an application used or performed via the system.
5\. The system of claim 4, wherein the input audio comprises or corresponds to a voice of the user, wherein the one or more circuits are configured to determine the at least one of the one or more audio control settings for adjusting the voice of the user in conjunction with an application used or performed via the system.
6\. The system of claim 1, wherein the one or more circuits are configured to determine at least one of the one or more audio control settings based on information obtained from a database associated with the system or with an application used or performed via the system.
7\. The system of claim 1, wherein the one or more circuits are configured to determine at least one of the one or more audio control settings based on a reference audio.
8\. The system of claim 7, wherein the one or more circuits are configured to process the reference audio to determine the at least one of the one or more audio control settings.
9\. The system of claim 7, wherein the one or more circuits are configured to obtain the reference audio from a database associated with an application used or performed via the system, and wherein the input audio is obtained and/or used during use or performing of the application.
10\. The system of claim 1, wherein the one or more circuits are configured to: determine, based on the one or more audio control settings, one or more sound effect adjustments; and modify, based on the one or more sound effect adjustments, at least one output audio provided via the system.
11\. A method comprising: in a system that comprises at least an input device: receiving or obtaining an input audio via the input device; determining when the system operates in an audio modifying mode; and when operating in the audio modifying mode: determining one or more audio control settings for modifying audio in the audio modifying mode; and modifying at least the input audio, based on the one or more audio control settings.
12\. The method of claim 11, wherein the one or more audio control settings comprise parameters relating to one or more of audio pitch, audio intensity, and audio tone.
13\. The method of claim 11, wherein the input audio is associated with a user of the system, and further comprising determining at least one of the one or more audio control settings for modifying the input audio in conjunction with use of the system by the user.
14\. The method of claim 13, further comprising determining the at least one of the one or more audio control settings for modifying the input audio in conjunction with an application used or performed via the system.
15\. The method of claim 14, wherein the input audio comprises or corresponds to a voice of the user, and further comprising determining the at least one of the one or more audio control settings for adjusting the voice of the user in conjunction with an application used or performed via the system.
16\. The method of claim 11, further comprising determining at least one of the one or more audio control settings based on information obtained from a database associated with the system or with an application used or performed via the system.
17\. The method of claim 11, further comprising determining at least one of the one or more audio control settings based on a reference audio.
18\. The method of claim 17, further comprising processing the reference audio to determine the at least one of the one or more audio control settings.
19\. The method of claim 17, further comprising obtaining the reference audio from a database associated with an application used or performed via the system, and wherein the input audio is obtained and/or used during use or performing of the application.
20\. The method of claim 11, further comprising: determining, based on the one or more audio control settings, one or more sound effect adjustments; and modifying, based on the one or more sound effect adjustments, at least one output audio provided via the system.

OFFICE ACTION:
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 .
Claims 1-20 are currently pending and have been examined.
This communication is to response to Application No. 18/611,254 filed on 03/20/2024.
This application is a continuation of U.S. application No. 17/992,118 filed on 11/22/2022 now U.S Patent 11,944,911 See MPEP 201.07. In accordance with MPEP 609.02 A.2 and MPEP 2001.06 (b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP 2001.06 (b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Patent Application need not be resubmitted in this application unless Applicants desire the information to be printed on a patent issuing from this application. See MPEP 609.02 A. 2. Finally, Applicants are reminded that the prosecution history of the Patent Application is relevant in this application.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the right to exclude granted by a patent and to prevent possible harassment by multiple assignees.  See In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970);and, In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent is shown to be commonly owned with this application.  See 37 CFR 1.130(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer.  A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-21 of U.S. Pat. No.11,944,911. Although the conflicting claims are not identical, they are not patentably distinct from each other. Accordingly, it would have been obvious to those in possession of the invention defined by claims 1-20 to observe that the limitations described in claims 22-42 are already incorporated in claims 1-21 of U.S. Pat. No.11,944,911. Therefore, one of ordinary skill in the art would have realized that by adding the limitations of: ”obtain reference data and process the reference data” is an obvious expedient since the remaining elements perform the same functions as before. In re Karlson, 136 USPQ 184 (CCPA 1963.
Conclusion
6.

APPLICANT REBUTTAL: REMARKS
AND
ARGUMENTS
nvents Act). Office Action at 2.Initially, Applicant notes that a goal of patent examination is to provide a prompt and complete examination of a patent application:
particu
when they serve as a basis for a rejection. W
practic
USPTO personnel should indicate how rejections may be overcome and how problems may be resolved. A failure to follow this approach can lead to unnecessary delays in the
prosecution of the application.
that the presentOffice Action has set forth "all reasons and bases" for rejecting the claims.
ndependent claims 1 and 11.
All of claims 1-20, as pending when the Office Action was issued, stand rejected. In particular, claims 1-20 stand rejected on double patenting grounds.
Applicant respectfully traverses these rejections at least based on the following remarks. In addition, Applicant also reserves the right to argue additional reasons beyond those set forth herein to support allowability of the claims, should a need arise in the future.
Double Patenting Claim Re
i
ections
11 Patent"). Office Action at 3-4.
Applicant respectfully traverses these rejections. Nonetheless, in order to further prosecution, Applicant submits herewith this correspondence terminal disclaimer(s), in compliance with 37 C.F.R. § 1.321(c), directed to the '911 Patent, to obviate these double patenting rejections.
Accordingly, Applicant respectfully requests that the double patenting based rejection of claims 1-20 be withdrawn. Applicant also reserves the right to argue additional reasons beyond those set forth herein, should such a need arise.
Final Remarks
The Office Action makes various statements that are now moot in light of the above remarks. Thus, Applicant will not address such statements at the present time. However, Applicant expressly reserves the right to challenge such statements or provide additional arguments supporting patentability in the future should the need arise (e.g., should these statements become relevant or are relied upon in any proceeding involving this Application or a corresponding patent).
CONCLUSION

NEXT OFFICE ACTION: REASONS FOR ALLOWANCE
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 .
This is an Examiner’s statement of reason for allowance.
Regarding the claimed terms, the Examiner notes that a “general term must be understood in the context in which the inventor presents it.” In re Glaug 283 F.3d 1335, 1340, 62 USPQ2d 1151, 1154 (Fed. Cir. 2002).  Therefore the Examiner must interpret the claimed terms as found on pages 1-25 of the specification.  Clearly almost all the general terms in the claims may have multiple meanings.  So where a claim term “is susceptible to various meanings, . . . the inventor’s lexicography must prevail . . . .” Id.  Using these definitions for the claims, the claimed invention was not reasonably found in the prior art.
4.	The closest prior art Reiss, Jordan et al (U.S. Pat. No. 8,602,892) which discloses a system/method for mixing player voice signals with game sounds signal. However, Reiss singularly or in combination fails to disclose the recited feature:
As per claims 1 and 11 “determine when the system operates in an audio modifying mode; and when the system operates in the audio modifying mode: determine one or more audio control settings for modifying audio in the audio modifying mode; and modify at least the input audio, based on the one or more audio control settings”.
Conclusion
5.

CITED REFERENCE SUMMARIES: Ref US8602892B1: Claims:
A system comprising: a game communications exchange having multiple ports, a first of said multiple ports is configured to receive first game audio information from a first game console and a second of said multiple ports is configured to receive second game audio information from a second game console, wherein the first game console and second game console are connected via a local area network and not the Internet, the game communications exchange comprising: a first set of circuitry configured for transmitting first game audio information received from the first game console to a first gamer audio gear set the first game audio information comprising sounds from a game being played on the first game console; a second set of circuitry configured for transmitting second game audio information received from the second game console to a second gamer audio gear set, the second game audio information comprising sounds from a game being played on the second game console; and a mixer including summing circuitry configured for creating a summed common channel of first chat audio information received from a microphone of the first gamer audio gear set and second chat audio information received from a microphone of the second gamer audio gear set, wherein the summing circuitry sums the first chat audio information and second chat audio information and transmits the resulting summed common channel to both the first gamer audio gear set and second gamer audio gear set, wherein the game communications exchange is external to both the first game console and second game console.
a game communications exchange having multiple ports, a first of said multiple ports is configured to receive first game audio information from a first game console and a second of said multiple ports is configured to receive second game audio information from a second game console, wherein the first game console and second game console are connected via a local area network and not the Internet, the game communications exchange comprising: a first set of circuitry configured for transmitting first game audio information received from the first game console to a first gamer audio gear set the first game audio information comprising sounds from a game being played on the first game console; a second set of circuitry configured for transmitting second game audio information received from the second game console to a second gamer audio gear set, the second game audio information comprising sounds from a game being played on the second game console; and
a first set of circuitry configured for transmitting first game audio information received from the first game console to a first gamer audio gear set the first game audio information comprising sounds from a game being played on the first game console;
a second set of circuitry configured for transmitting second game audio information received from the second game console to a second gamer audio gear set, the second game audio information comprising sounds from a game being played on the second game console; and
a mixer including summing circuitry configured for creating a summed common channel of first chat audio information received from a microphone of the first gamer audio gear set and second chat audio information received from a microphone of the second gamer audio gear set, wherein the summing circuitry sums the first chat audio information and second chat audio information and transmits the resulting summed common channel to both the first gamer audio gear set and second gamer audio gear set,
wherein the game communications exchange is external to both the first game console and second game console.
The system of claim 1 , further comprising technician audio gear coupled to the game communications exchange for a technician to listen to.
The system of claim 1 , wherein the game communications exchange is coupled to a recording instrument such that the first chat audio information and second chat audio information are recorded.
The system of claim 1 , wherein the game communications exchange further comprises at least one potentiometer to allow adjustment of a balance of the game audio information from the first game console and chat audio information from the common channel.
The system of claim 4 , wherein the game communications exchange further comprises at least one potentiometer to allow the adjustment of a balance of the game audio information from the second game console and chat audio information from the common channel.
The system of claim 1 , wherein the game communications exchange further comprises a third set of circuitry configured for transmitting game audio information from a third game console to a third gamer audio gear set, and wherein the summing circuitry adds chat audio information from the third gamer audio gear set to the common channel and transmits the common channel to the third audio gear set.
The system of claim 6 , wherein the game communications exchange further comprises at least one potentiometer to allow the adjustment of a balance of the game audio information from the third game console and chat audio information from the common channel.
The system of claim 6 , wherein the game communications exchange further comprising a fourth set of circuitry configured for transmitting game audio information from a fourth game console to a fourth gamer audio gear set, and wherein the summing circuitry adds chat audio information from the fourth gamer audio gear set to the common channel and transmits the common channel to the fourth audio gear set.
The system of claim 8 , wherein the game communications exchange further comprises at least one potentiometer to allow the adjustment of a balance of the game audio information from the fourth television set and chat audio information from the common channel.
Ref US7785197B2: Claims:
A multi-player video game playing method for use with a networked multi-player video game playing system that, in use, accepts interactive inputs from a first game player and additional inputs from at least a second game player over a network and thereby provides interactive multiplayer game play for both said first game player and said second game player, said method comprising: receiving user inputs from said first game player manipulating at least a first handheld video game controller; communicating multiplayer game playing information over a network with the second game player's video game playing system; displaying, in a coordinated manner on a first display associated with said first game player and on a second display associated with said second game player, multiplayer interactive video game play at least in part in response to said received user input and said communicated multiplayer game playing information; sensing audible speech uttered by the first game player; automatically, by computer, converting the sensed uttered speech to written text; analyzing said speech and/or said text for aggressive content; and generating formatting for said text for display to the second video game player on the second display, including formatting at least a portion of said displayed text in a way so that as displayed on the second display the formatting of the text display at least in part reflects how aggressive the first game player's speech is.
receiving user inputs from said first game player manipulating at least a first handheld video game controller;
communicating multiplayer game playing information over a network with the second game player's video game playing system;
displaying, in a coordinated manner on a first display associated with said first game player and on a second display associated with said second game player, multiplayer interactive video game play at least in part in response to said received user input and said communicated multiplayer game playing information;
sensing audible speech uttered by the first game player;
automatically, by computer, converting the sensed uttered speech to written text;
analyzing said speech and/or said text for aggressive content; and
generating formatting for said text for display to the second video game player on the second display, including formatting at least a portion of said displayed text in a way so that as displayed on the second display the formatting of the text display at least in part reflects how aggressive the first game player's speech is.
The method of claim 1 wherein said formatting includes aggression-indicating font size.
The method of claim 1 wherein the formatting includes aggression-indicating font color.
The method of claim 1 wherein the formatting includes aggressive punctuation.
The method of claim 1 wherein the formatting includes aggression-indicating font style.
The method of claim 1 wherein the characteristic comprises aggression-indicating uttered speech amplitude.
The method of claim 1 wherein the aggressive content comprises use of predetermined stress words.
The method of claim 1 wherein the aggressive content comprises audible voice features that reflect aggression.
The method of claim 1 wherein the aggressive content comprises a threat.
Video game playing equipment comprising: at least one handheld game controller that in use provides local input from a first video game player; a computing device executing video game play instructions at least in part in response to said local input from said first video game player via said at least one handheld game controller and at least in part in response to additional signals communicated over a network from a second video game player remote to said first video game player, to provide a multiplayer video game display; a microphone that, in use, receives audible speech from said first video game player; a speech-to-text converter that automatically converts said received audible speech into written text; an analyzer that analyzes said audible speech and/or text to determine whether at least one predetermined aggression characteristic is present in utterance by said first video game player; and a text formatter that selectively formats said text for display on a second display associated with said second video game player to demonstrate, to said second video game player, aggression of said first video game player at least in part in response to said analyzer determination.
at least one handheld game controller that in use provides local input from a first video game player;
a computing device executing video game play instructions at least in part in response to said local input from said first video game player via said at least one handheld game controller and at least in part in response to additional signals communicated over a network from a second video game player remote to said first video game player, to provide a multiplayer video game display;
a microphone that, in use, receives audible speech from said first video game player;
a speech-to-text converter that automatically converts said received audible speech into written text;
an analyzer that analyzes said audible speech and/or text to determine whether at least one predetermined aggression characteristic is present in utterance by said first video game player; and
a text formatter that selectively formats said text for display on a second display associated with said second video game player to demonstrate, to said second video game player, aggression of said first video game player at least in part in response to said analyzer determination.
A video game chat system comprising: a plurality of video game play sites, each said site including a user input device and a display, said displays providing coordinated interactive video game play in response to user inputs said user input devices provide, wherein at least one of said sites further includes an audio transducer that picks up audible speech uttered by a first game player; a speech recognizer coupled to said audio transducer, said speech recognizer converting said first game player's audible speech into displayable indicia and further analyzing said audible speech to determine whether a predetermined characteristic indicating emotion is present therein; and a display formatter that displays said displayable indicia on at least one of said displays to at least a second game player different from said first game player, said display formatter formatting said display to show first game player's emotion to said second game player at least in part in response to whether said predetermined characteristic is present in said first player's audible speech.
a plurality of video game play sites, each said site including a user input device and a display, said displays providing coordinated interactive video game play in response to user inputs said user input devices provide, wherein at least one of said sites further includes an audio transducer that picks up audible speech uttered by a first game player;
a speech recognizer coupled to said audio transducer, said speech recognizer converting said first game player's audible speech into displayable indicia and further analyzing said audible speech to determine whether a predetermined characteristic indicating emotion is present therein; and
a display formatter that displays said displayable indicia on at least one of said displays to at least a second game player different from said first game player, said display formatter formatting said display to show first game player's emotion to said second game player at least in part in response to whether said predetermined characteristic is present in said first player's audible speech.
The system of claim 11 wherein said emotion comprises aggression.
A multi-player video game playing method for use with a networked multi-player video game playing system that, in use, accepts interactive inputs from a first game player and additional inputs from at least a second game player over a network and thereby provides interactive multiplayer game play for both said first game player and said second game player, said method comprising: receiving user inputs from said first game player manipulating at least a first handheld video game controller; communicating multiplayer game playing information over a network with the second game player's video game playing system; displaying, in a coordinated manner on a first display associated with said first game player and on a second display associated with said second game player, multiplayer interactive video game play at least in part in response to said received user input and said communicated multiplayer game playing information; sensing audible speech uttered by the first game player; automatically, by computer, converting the first player's uttered speech to text; analyzing said speech and/or said text for emotional content; and formatting said text for display to said second video game player, including formatting at least a portion of said text n a way so that as displayed on the second display screen the format of said text display at least in part graphically reflects said emotional content.
automatically, by computer, converting the first player's uttered speech to text;
analyzing said speech and/or said text for emotional content; and
formatting said text for display to said second video game player, including formatting at least a portion of said text n a way so that as displayed on the second display screen the format of said text display at least in part graphically reflects said emotional content.
Video game playing equipment comprising: at least one handheld game controller that in use provides local input from a first video game player; a computing device executing video game play instructions at least in part in response to said local input from said first video game player via said at least one handheld game controller and at least in part in response to additional signals communicated over a network from a second video game player remote to said first video game player, to provide a multiplayer video game display; a microphone that, in use, receives speech from at least the second game player; a speech-to-text converter that converts said received speech into text; an analyzer that analyzes said speech and/or text to determine whether at least one predetermined emotional characteristic is present; and a text formatter that selectively formats said text to graphically show, with said formatting, emotion on the display at least in part in response to said analyzer determination.
a microphone that, in use, receives speech from at least the second game player;
a speech-to-text converter that converts said received speech into text;
an analyzer that analyzes said speech and/or text to determine whether at least one predetermined emotional characteristic is present; and
a text formatter that selectively formats said text to graphically show, with said formatting, emotion on the display at least in part in response to said analyzer determination.
Ref US20130006629A1: Claims:
A searching device comprising: a voice recognition unit to subject input voice to voice recognition; a matching unit to perform matching, regarding each of a plurality of word strings for search results which are word strings that are to be search results for word strings corresponding to said input voice, of a pronunciation symbol string for search results, which is an array of pronunciation symbols expressing pronunciation of said word string search result, and a recognition result pronunciation symbol string which is an array of pronunciation symbols expressing pronunciation of the voice recognition results of said input voice; and an output unit to output a search result word string which is the result of searching the word strings corresponding to said input voice from said plurality of word strings for search results, based on the matching results of said pronunciation symbol string for search results and said recognition result pronunciation symbol string.
a voice recognition unit to subject input voice to voice recognition;
a matching unit to perform matching, regarding each of a plurality of word strings for search results which are word strings that are to be search results for word strings corresponding to said input voice, of a pronunciation symbol string for search results, which is an array of pronunciation symbols expressing pronunciation of said word string search result, and a recognition result pronunciation symbol string which is an array of pronunciation symbols expressing pronunciation of the voice recognition results of said input voice; and
of a pronunciation symbol string for search results, which is an array of pronunciation symbols expressing pronunciation of said word string search result, and
a recognition result pronunciation symbol string which is an array of pronunciation symbols expressing pronunciation of the voice recognition results of said input voice; and
an output unit to output a search result word string which is the result of searching the word strings corresponding to said input voice from said plurality of word strings for search results, based on the matching results of said pronunciation symbol string for search results and said recognition result pronunciation symbol string.
The searching device according to claim 1 , wherein said pronunciation symbol is a symbol expressing the pronunciation of a syllable or a phoneme; and wherein said matching unit, in the matching of said pronunciation symbol string for search results and said recognition result pronunciation symbol string, for a vector for search results which is a vector expressing said pronunciation symbol string for search results and a recognition result vector which is a vector expressing said recognition result pronunciation symbol string, finds a correction distance wherein the cosine distance of a vector-space method has been corrected, so as to reduce influence from the diffe
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