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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2/27/26 has been entered.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 19-25, 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jehan et al. (US 2017/0301372 A1).
Re claim 19: Jehan et al. teaches a method for processing audio data, comprising:
providing an audio track of mixed input data (for example a movement/section of a longer musical composition, paragraph [0074] that includes track T1 and track T2, those portions required to form a song or portions of a given song), the mixed input data representing an audio signal comprising a plurality of different timbres (paragraphs [0065, 0080, 0083]) i.e. while a track is played (figure 3, block 204);
decomposing the mixed input data (musical composition into track portions) to obtain one or more playable decomposed audio signals (T1 and T2) wherein each playable audio signal contains at least one, but not all, of the plurality of different timbres (such as those timbers discussed in paragraph [0098]); and
analyzing at least one of the one or more playable decomposed data signals to determine a transition point or a song part junction between a first song part and a second song part within the audio track, (figure 3, blocks 206, 208, 210)
wherein the first song part and the second song part are selected from a verse, a chorus, a bridge, an intro or an outro of the same song (section part of a musical composition (paragraph [0074]).
Re claim 29: See paragraph [0150] concerning crossfade
Re claim 20: Jehan et al. teaches a method for processing audio data, comprising:
providing a set of three or more audio tracks (first track- fourth track; paragraph [0075])), wherein each audio track of the set of audio tracks corresponds to a different song (paragraph [0074] tracks, i.e. each track can be song or a section of a musical composition). Also note paragraph [0062] the media content items can include three or more (170A, 170B and 170Z) which are capable of being output by a playback device (such as device (102)); and each audio track of the set of audio tracks including includes mixed input data (such as a play list of tracks, paragraph [0075]); the mixed input data representing audio signals comprising a plurality of different timbres (such as those timbers discussed in paragraph [0098]);
decomposing each audio track of the set of audio tracks to obtain a decomposed track associated with the respective audio track, such as (T1 and T2) wherein the playable decomposed track represents an audio signal comprising at least one, but not all, of the plurality of different timbres of the respective audio track thereby obtaining a set of decomposed tracks, wherein each decomposed track of the set of decomposed tracks is associated with the same song as its respective audio track (paragraphs [0079] and [0098], obtaining track features (figure 5));
analyzing each of the one or more playable audio signals associated with the respective track decomposed track of the set of decomposed tracks to determine one or more track parameters of the respective audio track with which the decomposed track is associated (paragraph [0084] detecting transition points), (figure 3, blocks 206, 208, 210);
selecting or allowing a user to select at least one selected audio track out of the set of audio tracks, based on at least one of the one or more track parameters (figure 1, by use of user interface, paragraph [0048]); and
generating an output track based on the at least one selected audio track (that track (song or song portions or series of songs that is played back). Note also as amended the set of audio tracks is not limited to two tracks but include a set of three or more audio tracks (paragraphs [0035] and [0037], plurality of media content items; paragraph [0062] the media content items can include three or more (170A, 170B and 170Z) which are capable of being output by a playback device (such as device (102))
Re claim 21: the track parameter is taught by an acoustic feature of a track including timbre (paragraph [0080])
Re claim 22: see paragraph [0080]) teaching at least a beat and tempo satisfying the language “at least one of “as set forth.
Re claim 23: note that the arrangement includes a touch screen (paragraph [0048]) and a display panel (paragraph [0054]) used to in displaying media content/output (108) which includes viewable information to a user about the audio being played such as a displayed tempo.
Re claim 24: see use of a screen, paragraph [0048] and display panel, paragraph [0054] for graphically displaying information concerning an audio track and which also allows for a user selection via a user displayed interface (144)
Re claim 25: note the arrangement of Jehan et al. allows for the playing of a selected track made by the user via the user interface
Allowable Subject Matter
Claim 31 is allowed.
Response to Arguments
Applicant's arguments filed 2/27/26 have been fully considered but they are not persuasive.
Applicant argues that Jehan et al. does not teach 1) decomposing audio tracks to derive one or more playable decomposed audio signals and 2) analyzing the one or more playable decomposed audio signals to determine song part junctions and track parameters. Examiner does not agree. It is clear from the teaching in Jehan et al. that audio tracks (in the form of a group of songs or a sections of a musical composition) is/are decomposed into track portions (such as T1 and T2) are played (for example figure 3 block 204), along with paragraph [0078] and then analyzed to determine song part junctions and track parameters (figure 3, blocks 206, 208, 210) along with paragraph [0079]. Therefor contrary to applicants remarks the track features are playable audio tracks. Although Jehan et al. teaches as applicant argues the use of metadata., as indicated in paragraph [0080] alternatively acoustic features can be used. These acoustic features are obtained during the playback of a decomposed audio portions such as T1 and T2 of a song or musical composition.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW SNIEZEK whose telephone number is (571)272-7563. The examiner can normally be reached Monday-Friday 7:00 AM-3:30 PM EST.
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/ANDREW SNIEZEK/ Primary Examiner, Art Unit 2693
/A.S./Primary Examiner, Art Unit 2693 3/3/26