Ex Parte HOUG - Page 7



          Appeal No. 2003-2116                                                        
          Application No. 09/306,954                                                  

          an audio signal.  Independent claims 11 and 17 contain similar              
          recitations.  The examiner (see page 5 in the answer) concedes              
          that Stevenson does not respond to these claim limitations.  To             
          overcome this deficiency, the examiner turns to Tatemi.                     
               It is not disputed that Tatemi discloses an audio system for           
          a theater wherein the distances between one or more movable sound           
          sources on a stage and a plurality of stationary speakers is                
          sensed and utilized to adjust the timing of the speaker outputs             
          so as to enable spectators to readily recognize the relative                
          positions of the sound sources.                                             
               In proposing to combine Stevenson and Tatemi to reject                 
          independent claims 1, 11 and 17, the examiner concludes that it             
          would have been obvious in view of Tatemi “to have modified                 
          Stevenson to include modifying the timing of the audio signals              
          from the speakers in addition to the volume or intensity and                
          balance so as to optimize the ambiance of the audio sound system            
          and the directional audio quality” (answer, pages 5 and 6).  The            
          examiner adds that                                                          
               with respect to Tatemi et al, it is irrelevant whether                 
               the source or the listener is the one moving.  . . .                   
               [T]here is no difference, conceptually, in the timing                  
               of signals based upon a movement of a source or a                      
               movement of a listener.  What is important is the fact                 
               that the timing of audio receiving apparatuses or                      

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