Ex Parte HOUG - Page 5



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

               digital convertors 19 and 23 to digital transmitters 20                
               and 24 for supplying digitized signals indicative of                   
               the triangulation or location of the principal listener                
               10, back through the transceivers 14 and 16,                           
               respectively, to the surround sound signal processor                   
               12.  This information is supplied to the microprocessor                
               30 which then supplies signals back to the surround                    
               sound signal processor 12 for automatically adjusting                  
               the “balance” of the audio signals to be reproduced by                 
               the loudspeakers of the transceivers 14 and 16.  The                   
               utilization of the infrared sensors 18 and 22 permits                  
               the system continually to triangulate on the principal                 
               listener 10 and, essentially, report the position of                   
               the principal listener 10 in the room to effect                        
               automatic adjustment of the balance of the speakers to                 
               the desired level initially set by the principal                       
               listener 10 for some initial starting position when the                
               system first is turned on [column 3, lines 28 through                  
               47].                                                                   
               As indicated above, independent claim 14 recites a method to           
          adjust an audio output signal comprising, inter alia, the step of           
          modifying “the intensity and at least another component of the              
          audio output signal” based on first and second distances from               
          first and second range devices to a listener.  In the face of               
          Stevenson’s apparent disclosure of modifying only the balance               
          (i.e., the intensity) of the audio output signal based on first             
          and second distances from first and second range devices to a               
          listener, the examiner submits that “the claim does not                     
          patentably differentiate over Stevenson’s adjusting of the                  
          balance of the speakers from a first setting to a second setting,           
          since the second setting would read upon the claimed ‘another               

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