DETAILED ACTION
This action is responsive to the Applicant’s amendment filed on August 18, 2025. As set forth in the Applicant’s response, claims 1, 3, 5, 7, 9 and 11 have been amended. Claims 1-7, 9 and 11 remain pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 18, 2025 has been entered.
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 .
Reissue Applications
For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. 10,587,976 is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Response to Amendment
The amendment filed August 18, 2025 proposes amendments to the claims that do not comply with 37 CFR 1.173(b), which sets forth the manner of making amendments in reissue applications.
The Examiner notes that the claims are not in compliance with 37 CFR 1.173(d) and 37 CFR 1.173(g) which states that all amendments must be made relative to the patent claims and that matter to be added by reissue must be underlined. It is noted that the amendment does not continue to underline previously added limitations that were added relative to the original patent claims (relates to prior amendments). In addition, brackets were added for terms which were not recited in the original patent claims (see e.g. claim 3, line 17 which removes “the” from the claim which was not previously recited in original claim 3). This also applies to claim 5.
Response to Arguments
Reissue Declaration
The Applicant states that they “will defer responding to the rejection…until allowable subject matter is indicated.”
The Examiner notes that since this issue has not been overcome, the rejection is maintained.
Rejections under 35 U.S.C. 112
In view of the amendment to claims 3, 5 and 11, the Examiner finds that the Applicant has overcome the issue with respect to antecedent basis. Therefore, the previous rejection has been withdrawn. The Examiner , however finds that amendment to claim 9 has not been corrected. Claim 9 recites “the gain calculating unit” without previously reciting “a gain calculating unit”. It is noted that the claim recites “a calculating unit”.
Rejections under 35 U.S.C. 103
As set forth in the Advisory Action, the Applicant stated that there is nothing in the combination of Ohashi and Lemieux that teaches or suggests “wherein the gain calculating unit is configured to calculate gain sums based on gains of the selected processing-target speakers, and calculate ultimate gains of respective processing-target speakers by normalizing the gain sums.
The Examiner notes that the ‘976 patent discloses in col. 16, lines 8-25:
The three-dimensional gain calculating units 92-1 through 92-4 perform three-dimensional VBAP based on the information indicating the combinations of speakers 12 and the information indicating the target sound image position supplied from the selecting unit 91, and supply the resultant gains of the respective speakers 12 to the adder 93. In the description below, where there is no particular need to distinguish the three-dimensional gain calculating units 92-1 through 92-4 from one another, the three-dimensional gain calculating units 92-1 through 92-4 will be also referred to simply as the three-dimensional gain calculating units 92.
The adder 93 determines gain sums based on the gains of the respective processing-target speakers 12 supplied from the three-dimensional gain calculating units 92-1 through 92-4, and calculates the ultimate gains of the respective processing-target speakers 12 by normalizing these gain sums. The adder 93 then supplies the ultimate gains to the gain outputting unit 24.
The Examiner finds that Lemieux discloses determining gain factors corresponding to the vertices of the four triangles by combining the gain factors for each of the triangles to determine the gain factors corresponding to the non-virtual vertices of the four triangles, and reproducing the audio on the set of sound reproduction devices includes playing back the audio on the sound reproduction devices corresponding to non-virtual vertices of the triangle. See col. 2, lines 51-58.
Thus, the Examiner finds that Lemieux provides teachings directed to the sum of the gains since it combines the gain factors. The Examiner notes that the amendment further states “calculate ultimate gains of respective processing-target speakers by normalizing the gain sums”.
The Examiner finds that Lemieux discloses in col. 11, lines 38-48, that “[g]ain factors can also be normalized to preserve power and scaled to introduce delay to account for sound reproduction device calibration.” In addition, Ohashi discloses generally the normalization of ‘angle sums’. See paragraph [0082]. The Examiner notes that the ‘976 patent discloses “ultimate gains” as follows:
“The multiplier 64 obtains ultimate gains of the speakers 12 by multiplying the gains supplied from the two-dimensional gain calculating unit 63 by the gains supplied from the three-dimensional gain calculating unit 62, and supplies the ultimate gains to the gain outputting unit 24. The multiplier 65 obtains ultimate gains of the speakers 12 by multiplying the gain supplied from the two-dimensional gain calculating unit 63 by the gains supplied from the three-dimensional gain calculating unit 62, and supplies the ultimate gains to the gain outputting unit 24.”
See col. 11, lines 14-23
“As the gain sums of the respective speakers are determined in the above manner, the values obtained by normalizing the gain sums of the respective speakers with the sum of squares of these gain sums are set as the ultimate gains of these speakers, or more specifically, as the gains of the sounds to be output form the speakers.”
See col. 14, line 66 – col. 15, line 4.
Thus, although, Lemiuex discloses of normalizing the gain factors, the Examiner acknowledges that it is not clear whether “ultimate gains” are calculated by normalizing the gain sums. The Examiner, however, notes that if the gains are normalized as set forth in Lemieux it may be considered that the result is “an ultimate gain”, nonetheless, as set forth above, this is not specifically set forth in Lemieux.
Although, the Examiner finds that Applicant’s arguments persuasive, a new ground(s) of rejection is set forth below.
Reissue Declaration
The reissue oath/declaration filed with this application is defective (see 37 CFR 1.175 and MPEP § 1414) because of the following:
As set forth in the Reissue Declaration, “[t]he scope of original claims 1, 3 and 5 is broadened by the addition of claims 7, 9 and 11 which omit the limitation “by performing three-dimensional vector base amplitude panning (VBAP). In addition, the reissue declaration stated that claim 1 fails to recite that “gains of the at least four processing-target speakers each have a value other than 0.”
The Examiner notes that in view of the Applicant’s amendment, the error statement is no longer based upon limitations set forth in the claim. It is noted that new claims 7, 9 and 11 do not include any limitation reciting “gains of the at least four processing-target speakers each have a value other than 0”. In addition, claims 7, 9, and 11 do no remove the entirety of “by performing three-dimensional vector based amplitude panning (VBAP).
Claims 1-7, 9, and 11 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
Claim Objections
Claims 1 and 7 are objected to because of the following informalities:
Claim 1 recites “the gain calculating unit”. The Examiner notes that the claim previously recites “a virtual speaker gain calculating unit”. For consistency in the claim, the Examiner recommends changing the amended limitation to “the virtual speaker gain calculating unit”. This same issue should be corrected in claim 7.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 71 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to merely software and thus has no physical or tangible form.
The Examiner finds that claims 1 and 7 recites “a speaker selecting unit”, “a virtual speaker position determining unit”, “a virtual speaker gain calculating unit” and a “gain adjusting unit”.
As set forth in col. col. 18, lines 35-43, the series of processes “may be performed by software”. Thus, in light of the patent specification, the claimed ‘units’ can exclude hardware.
Since the claim does not positively recite any structural hardware components, the Examiner finds that the claim as a whole does not fall within any statutory category and thus is non-statutory.
Claim Rejections - 35 USC § 112
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.
Claim 9 is 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 distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites the limitation “the gain adjusting unit” in line 13. The Examiner determines that there are insufficient antecedent basis for this limitation in these claims.
Claim Rejections - 35 USC § 103
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 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3, 5, 7 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lemieux US Patent 9,197,979 in view of Ohashi US Patent Pub. 2009/0034764 and further in view of Araki WO 2012/1442272 (US Patent Pub. 2013/0343550) and further in view of Dausel US Patent Pub. 2015/0271622.
Regarding claim 1:
A sound processing apparatus comprising:
Lemieux is directed to a method of reproducing object-based audio and determining, for a plurality of sound reproduction devices, one or more audio reproducing parameters using modified vector base amplitude panning (VBAP). See col. 1, lines 52-63. See also col. 7, lines 4-18.
a speaker selecting unit configured to select four processing-target speakers from a number N of speakers greater than four;
As set forth in col. 2, lines 4-21, Lemieux discloses selecting a plurality of sound reproduction devices from a group of sound reproduction devices. See also col. 3, lines 26-31 (“the plurality of sound reproduction device is selected from the group consisting of loudspeakers and headphones”). As explained in col. 12, lines 40-45, Lemieux explains that the number of sound reproduction devices can be four. The Examiner notes that Lemieux in col. 12, lines 40-45 teaches of using different number of selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations as explained in col. 10, lines 18-27. See also Figure 3 which shows a total of 7 speakers which corresponds to a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead speakers).
To the extent this teaching is not sufficient to disclose that a “speaker selecting unit” is configured to “select four processing-target speakers from a number N of speakers greater than four”, the Examiner finds that Ohashi is directed to a sound field control apparatus which includes a localization calculating unit which selects four speakers from 8 speakers (N speakers greater than four) based on the localization information of each audio signal input from the audio source input unit. See paragraph [0030]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select four speakers out of N speakers greater than four by a speaker selecting unit. As explained above, Lemieux in col. 10, lines 18-27 and col. 12, lines 40-45 teaches of using different number of selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations. See also Figure 3 which shows a total of 7 speakers which corresponds to a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead speakers). See col. 10, lines 18-27.
Therefore, since Lemieux discloses of at least selecting four speakers as well as being configured to have more than 4 speakers, one of ordinary skill in the art would have understood that it would have been obvious to have a speaker selecting unit select speakers out of more than four speakers since as evidenced by both Lemieux and Ohashi it was known to have a plurality of speakers (e.g. 8 speakers) and thus have N speakers greater than four and selecting those speakers by a speaker selecting unit would have yielded a predictable result based on the teachings directed to using more than four speakers in Lemieux.
a virtual speaker position determining unit configured to determine a position of a virtual speaker based on the four processing-target speakers selected by the speaker selecting unit; and
Lemieux discloses a virtual sound reproduction device (virtual speaker) as well as determining the location of the virtual sound reproduction device. See col. 13, lines 5-28. With reference to Figure 6C, the region 608 is made up of physical sound reproduction devices 1, 2, 3, and 4 and the position of the virtual sound reproduction device 5 is determined based the position of the physical speakers (i.e. the physical sound reproduction devices 1, 2, 3 and 4).
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See also col. 13, lines 28-39.
a virtual speaker calculating unit configured to calculate a gain of the virtual speaker at least by performing Vector Base Amplitude Panning (VBAP) based on a positional relationship among the virtual speaker, two speakers of the four processing-target speakers, and a sound image localization position; and
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As shown in figure 6B, Lemieux discloses e.g. two speakers among the four speakers (e.g. speaker 612 and 614), a virtual speaker 620 and a virtual sound source 610. As explained in col. 10, lines 59-col. 11, lines 48, VBAP can be used to determine gain factors for each of the sound reproduction devices. See also col. 11, lines 33-48.
As explained above, the gain factor of triangle 625 is based on the virtual speaker 620, two speakers 612 and 614 (of the four) and the virtual sound source 610. See col. 14, lines 27-30 and col. 18, lines 46-col. 19, line 2. In col. 13, lines 29-col. 14, line 56, Lemieux explains the computation of the gain factors which is performed after determining the position of the virtual speaker as well as determining the location of the virtual sound source in triangle 625, i.e. the sound image localization of the virtual sound source 610.
a gain adjusting unit configured to perform gain adjustment on sounds to be output from at least two speakers based on the gain of the virtual speaker, wherein the four-processing-target speakers are configured to output sounds to a listener according to output of the gain adjusting unit,
Lemieux explains that one the gain factors for each of the four triangles are determined, they can be used to reproduce audio emanating from the virtual sound source by using the sound reproduction devices. See col. 13, lines 29-45. See also col. 14, lines 22-30 where Lemieux discloses that the gain factors of the sound reproduction devices are determined using the gain factors determined for the triangles and that these gain factors are used to play back object’s audio on the sound reproduction devices.
Thus, the four-processing-target speakers are configured to output sounds to a listener according to the determined gain.
The Examiner notes that to the extent Lemieux does not specifically disclose of a “unit” for adjusting the gain, it would have been obvious to a person of ordinary skill in the art to perform the adjusting in a unit since Lemieux already discloses of adjusting the gain of the physical sound reproduction devices based on the gain determined with respect to the virtual speaker.
Nonetheless, Araki discloses that it was known to adjust the gain of audio for the speakers using a unit. See paragraph [0226]3 which discloses of a unit which includes a plurality of amplifiers which are used to variably control signal values according to gains of the audio channel signals.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a gain adjustment unit for adjusting the gain that is applied to the speakers. As explained above, Lemieux already discloses of using the determined gain from the virtual speaker process in order to adjust the gain of the physical sound reproduction device. Thus, it would have been understood by a person of ordinary skill in the art that one could use e.g. amplifiers, in a unit for supplying the adjusted gain to sound reproduction devices. The Examiner finds that one of ordinary skill in the art could have combined the elements as claimed by known methods (the use of amplifiers for adjusting the gain) and that this combination would have been predictable since Lemieux already discloses of adjusting the gains of the speakers based on the gain factors in order to render an object’s audio so that it emanates from a virtual sound source.
wherein the gain calculating unit is configured to calculate gain sums based on the gains of the selected processing-target speakers, and calculate ultimate gains of respective processing-target speakers by normalizing the gain sums.
Lemieux discloses combining gain factors which correspond to a plurality of triangles. See col. 2, lines 4-16. In addition, in col., 11, lines 41-48, Lemieux explains that gain factors are normalized to preserve power and scaled to introduce delay to account for sound reproduction device calibration. In col. 1, lines 40-55, Lemieux also explains that the gain factors for each of the four triangles can be combined to reproduce audio emanating from the virtual sound source using the sound reproduction devices 612, 614, 616, and 618.
Thus, Lemieux discloses calculating the gain sums of the sound reproduction devices as well as normalizing the gain sums.
The Examiner notes that to the extent the normalized gain is not considered calculating “ultimate gains”, the Examiner finds that it would have been obvious to a person of ordinary skill in the art to understand that the normalizing of the gain sum is an ultimate gain.
As set forth in the ‘979 patent, in one embodiment, taking the sum of squares of the gain sums are set as ultimate gains (see col. 14, line 66 – col. 15, line 4 of the ‘979 patent). Similarly, the Examiner finds that Dausel discloses that in order to keep the perceived loudness constant, the gains are normalized by their power sum (sum of squares). See paragraph [0076]. Dausel is also directed to using Vector Base Amplitude Panning (VBAP) (see paragraphs [0022, 0026, 0054-0055]) as well as determining the gain in order to virtually play a sound a specific location. See paragraphs [0046] and [0050].
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time of the invention to calculate ‘ultimate gains’ as disclosed by Dausel by normalizing the gains by taking the power sum of the gains in order to keep the perceived loudness constant. Both Lemieux and Dausel are directed to determining a location of virtual speakers as well as calculating sums of different speakers. Therefore, both Lemieux and Dausel are in the same field on endeavor. In addition, as explained by Lemieux, normalizing also helps to preserve power and are scaled to introduce delay to account for sound reproduction device calibration.
Regarding claim 3:
A method comprising:
Lemieux is directed to a method of reproducing object-based audio and determining, for a plurality of sound reproduction devices, one or more audio reproducing parameters using modified vector base amplitude panning (VBAP). See col. 1, lines 52-63. See also col. 7, lines 4-18.
using at least one processor to perform: selecting four processing-target speakers from a number N of speakers greater than four;
As set forth in col. 2, lines 4-21, Lemieux discloses selecting a plurality of sound reproduction devices from a group of sound reproduction devices. See also col. 3, lines 26-31 (“the plurality of sound reproduction device is selected from the group consisting of loudspeakers and headphones”). As explained in col. 12, lines 40-45, Lemieux explains that the number of sound reproduction devices can be four. The Examiner notes that Lemieux in col. 12, lines 40-45 teaches of using different number of selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations. See also Figure 3 which shows a total of 7 speakers which corresponds to a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead speakers). See col. 10, lines 18-27.
To the extent this teaching is not sufficient to disclose that a ‘processor’ is configured to “select four processing-target speakers from a number N of speakers greater than four”, the Examiner finds that Ohashi is directed to a sound field control apparatus which includes a localization calculating unit (‘processor’) which selects four speakers from 8 speakers (N speakers greater than four) based on the localization information of each audio signal input from the audio source input unit. See paragraph [0030]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select four speakers out of N speakers greater than four by a ‘processor’. As explained above, Lemieux in col. 10, lines 18-27 and col. 12, lines 40-45 teaches of using different number of selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations. See also Figure 3 which shows a total of 7 speakers which corresponds to a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead speakers). See col. 10, lines 18-27.
Therefore, since Lemieux discloses of at least selecting four speakers as well as being configured to have more than 4 speakers one of ordinary skill in the art would have understood that it would have been obvious to have a ‘processor’ select speakers out of more than four speakers since as evidenced by both Lemieux and Ohashi it was known to have a plurality of speakers (e.g. 8 speakers) and thus have N speakers greater than four and selecting those speakers by a ‘processor’ would have yielded a predictable result based on the teachings directed to using more than four speakers in Lemieux.
determining a position of a virtual speaker based on the selected four processing- target speakers; and
Lemieux discloses a virtual sound reproduction device (virtual speaker) as well as determining the location of the virtual sound reproduction device. See col. 13, lines 5-28. With reference to Figure 6C, the region 608 is made up of physical sound reproduction devices 1, 2, 3, and 4 and the position of the virtual sound reproduction device 5 is determined based the position of the physical speakers (i.e. the physical sound reproduction devices 1, 2, 3 and 4).
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See also col. 13, lines 28-39.
calculating, using a gain calculating unit, a gain of the virtual speaker at least by performing Vector Base Amplitude Panning (VBAP based on a positional relationship among the virtual speaker, two speakers of the four processing-target speakers, and a sound image localization position; and
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As shown in figure 6B, Lemieux discloses e.g. two speakers among the four speakers (e.g. speaker 612 and 614), a virtual speaker 620 and a virtual sound source 610. As explained in col. 10, lines 59-col. 11, lines 48, VBAP can be used to determine gain factors for each of the sound reproduction devices. See also col. 11, lines 33-48.
As explained above, the gain factor of triangle 625 is based on the virtual speaker 620, two speakers 612 and 614 (of the four) and the virtual sound source 610. See col. 14, lines 27-30 and col. 18, lines 46-col. 19, line 2. In col. 13, lines 29-col. 14, line 56, Lemieux explains the computation of the gain factors which is performed after determining the position of the virtual speaker as well as determining the location of the virtual sound source in triangle 625, i.e. the sound image localization of the virtual sound source 610.
The Examiner notes that to the extent Lemieux does not specifically disclose of a “unit” for adjusting the gain, it would have been obvious to a person of ordinary skill in the art to perform the adjusting in a unit since Lemieux already discloses of adjusting the gain of the physical sound reproduction devices based on the gain determined with respect to the virtual speaker.
Nonetheless, Araki discloses that it was known to adjust the gain of audio for the speakers using a unit. See paragraph [0226] which discloses of a unit which includes a plurality of amplifiers which are used to variably control signal values according to gains of the audio channel signals.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a gain adjustment unit for adjusting the gain that is applied to the speakers. As explained above, Lemieux already discloses of using the determined gain from the virtual speaker process in order to adjust the gain of the physical sound reproduction device. Thus, it would have been understood by a person of ordinary skill in the art that one could use e.g. amplifiers, in a unit for supplying the adjusted gain to sound reproduction devices. The Examiner finds that one of ordinary skill in the art could have combined the elements as claimed by known methods (the use of amplifiers for adjusting the gain) and that this combination would have been predictable since Lemieux already discloses of adjusting the gains of the speakers based on the gain factors in order to render an object’s audio so that it emanates from a virtual sound source.
performing gain adjustment on sounds to be output from at least two speakers based on the gain of the virtual speaker, wherein the four-processing-target speakers are configured to output sounds to a listener according to output of the gain adjusting unit,
Lemieux explains that one the gain factors for each of the four triangles are determined, they can be used to reproduce audio emanating from the virtual sound source by using the sound reproduction devices. See col. 13, lines 29-45. See also col. 14, lines 22-30 where Lemieux discloses that the gain factors of the sound reproduction devices are determined using the gain factors determined for the triangles and that these gain factors are used to play back object’s audio on the sound reproduction devices.
Thus, the four-processing-target speakers are configured to output sounds to a listener according to the determined gain.
wherein the gain calculating unit is configured to calculate gain sums based on the gains of the selected processing-target speakers, and calculate ultimate gains of respective processing-target speakers by normalizing the gain sums.
Lemieux discloses combining gain factors which correspond to a plurality of triangles. See col. 2, lines 4-16. In addition, in col., 11, lines 41-48, Lemieux explains that gain factors are normalized to preserve power and scaled to introduce delay to account for sound reproduction device calibration. In col. 1, lines 40-55, Lemieux also explains that the gain factors for each of the four triangles can be combined to reproduce audio emanating from the virtual sound source using the sound reproduction devices 612, 614, 616, and 618.
Thus, Lemieux discloses calculating the gain sums of the sound reproduction devices as well as normalizing the gain sums.
The Examiner notes that to the extent the normalized gain is not considered calculating “ultimate gains”, the Examiner finds that it would have been obvious to a person of ordinary skill in the art to understand that the normalizing of the gain sum is an ultimate gain.
As set forth in the ‘979 patent, in one embodiment, taking the sum of squares of the gain sums are set as ultimate gains (see col. 14, line 66 – col. 15, line 4 of the ‘979 patent). Similarly, the Examiner finds that Dausel discloses that in order to keep the perceived loudness constant, the gains are normalized by their power sum (sum of squares). See paragraph [0076]. Dausel is also directed to using Vector Base Amplitude Panning (VBAP) (see paragraphs [0022, 0026, 0054-0055]) as well as determining the gain in order to virtually play a sound a specific location. See paragraphs [0046] and [0050].
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time of the invention to calculate ‘ultimate gains’ as disclosed by Dausel by normalizing the gains by taking the power sum of the gains in order to keep the perceived loudness constant. Both Lemieux and Dausel are directed to determining a location of virtual speakers as well as calculating sums of different speakers. Therefore, both Lemieux and Dausel are in the same field on endeavor. In addition, as explained by Lemieux, normalizing also helps to preserve power and are scaled to introduce delay to account for sound reproduction device calibration.
Regarding claim 5:
At least one non-transitory computer-readable storage medium storing instructions that, when executed by at least one processor, cause the at least one processor to perform a method comprising:
Lemieux is directed to a method of reproducing object-based audio and determining, for a plurality of sound reproduction devices, one or more audio reproducing parameters using modified vector base amplitude panning (VBAP). See col. 1, lines 52-63. See also col. 7, lines 4-18.
In addition, Lemieux discloses in col. 15, line 65 – col. 16, line 35 of the use of a computer readable medium (non-transitory computer storage medium’) which can be coupled to a processor for execution of the steps of the method, processor or algorithm.
selecting four processing-target speakers from a number N of speakers greater than four;
As set forth in col. 2, lines 4-21, Lemieux discloses selecting a plurality of sound reproduction devices from a group of sound reproduction devices. See also col. 3, lines 26-31 (“the plurality of sound reproduction device is selected from the group consisting of loudspeakers and headphones”). As explained in col. 12, lines 40-45, Lemieux explains that the number of sound reproduction devices can be four. The Examiner notes that Lemieux in col. 12, lines 40-45 teaches of using different number of selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations. See also Figure 3 which shows a total of 7 speakers which corresponds to a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead speakers). See col. 10, lines 18-27.
To the extent this teaching is not sufficient to disclose that a ‘processor’ is configured to performed the method of “select four processing-target speakers from a number N of speakers greater than four”, the Examiner finds that Ohashi is directed to a sound field control apparatus which includes a localization calculating unit (‘processor’) which selects four speakers from 8 speakers (N speakers greater than four) based on the localization information of each audio signal input from the audio source input unit. See paragraph [0030]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select four speakers out of N speakers greater than four by a ‘processor’. As explained above, Lemieux in col. 10, lines 18-27 and col. 12, lines 40-45 teaches of using different number of selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations. See also Figure 3 which shows a total of 7 speakers which corresponds to a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead speakers). See col. 10, lines 18-27.
Therefore, since Lemieux discloses of at least selecting four speakers as well as being configured to have more than 4 speakers one of ordinary skill in the art would have understood that it would have been obvious to have a ‘processor’ select speakers out of more than four speakers since as evidenced by both Lemieux and Ohashi it was known to have a plurality of speakers (e.g. 8 speakers) and thus have N speakers greater than four and selecting those speakers by a ‘processor’ would have yielded a predictable result based on the teachings directed to using more than four speakers in Lemieux.
determining a position of a virtual speaker based on the selected four processing-target speakers; and
Lemieux discloses a virtual sound reproduction device (virtual speaker) as well as determining the location of the virtual sound reproduction device. See col. 13, lines 5-28. With reference to Figure 6C, the region 608 is made up of physical sound reproduction devices 1, 2, 3, and 4 and the position of the virtual sound reproduction device 5 is determined based the position of the physical speakers (i.e. the physical sound reproduction devices 1, 2, 3 and 4).
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See also col. 13, lines 28-39.
calculating, using a gain calculating unit, a gain of the virtual speaker at least by performing Vector Base Amplitude Panning (VBAP based on a positional relationship among the virtual speaker, two speakers of the four processing-target speakers, and a sound image localization position; and
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As shown in figure 6B, Lemieux discloses e.g. two speakers among the four speakers (e.g. speaker 612 and 614), a virtual speaker 620 and a virtual sound source 610. As explained in col. 10, lines 59-col. 11, lines 48, VBAP can be used to determine gain factors for each of the sound reproduction devices. See also col. 11, lines 33-48.
As explained above, the gain factor of triangle 625 is based on the virtual speaker 620, two speakers 612 and 614 (of the four) and the virtual sound source 610. See col. 14, lines 27-30 and col. 18, lines 46-col. 19, line 2. In col. 13, lines 29-col. 14, line 56, Lemieux explains the computation of the gain factors which is performed after determining the position of the virtual speaker as well as determining the location of the virtual sound source in triangle 625, i.e. the sound image localization of the virtual sound source 610.
The Examiner notes that to the extent Lemieux does not specifically disclose of a “unit” for adjusting the gain, it would have been obvious to a person of ordinary skill in the art to perform the adjusting in a unit since Lemieux already discloses of adjusting the gain of the physical sound reproduction devices based on the gain determined with respect to the virtual speaker.
Nonetheless, Araki discloses that it was known to adjust the gain of audio for the speakers using a unit. See paragraph [0226] which discloses of a unit which includes a plurality of amplifiers which are used to variably control signal values according to gains of the audio channel signals.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a gain adjustment unit for adjusting the gain that is applied to the speakers. As explained above, Lemieux already discloses of using the determined gain from the virtual speaker process in order to adjust the gain of the physical sound reproduction device. Thus, it would have been understood by a person of ordinary skill in the art that one could use e.g. amplifiers, in a unit for supplying the adjusted gain to sound reproduction devices. The Examiner finds that one of ordinary skill in the art could have combined the elements as claimed by known methods (the use of amplifiers for adjusting the gain) and that this combination would have been predictable since Lemieux already discloses of adjusting the gains of the speakers based on the gain factors in order to render an object’s audio so that it emanates from a virtual sound source.
performing gain adjustment on sounds to be output from at least two speakers based on the gain of the virtual speaker, wherein the four-processing-target speakers are configured to output sounds to a listener according to output of the gain adjusting unit.
Lemieux explains that one the gain factors for each of the four triangles are determined, they can be used to reproduce audio emanating from the virtual sound source by using the sound reproduction devices. See col. 13, lines 29-45. See also col. 14, lines 22-30 where Lemieux discloses that the gain factors of the sound reproduction devices are determined using the gain factors determined for the triangles and that these gain factors are used to play back object’s audio on the sound reproduction devices.
Thus, the four-processing-target speakers are configured to output sounds to a listener according to the determined gain.
wherein the gain calculating unit is configured to calculate gain sums based on the gains of the selected processing-target speakers, and calculate ultimate gains of respective processing-target speakers by normalizing the gain sums.
Lemieux discloses combining gain factors which correspond to a plurality of triangles. See col. 2, lines 4-16. In addition, in col., 11, lines 41-48, Lemieux explains that gain factors are normalized to preserve power and scaled to introduce delay to account for sound reproduction device calibration. In col. 1, lines 40-55, Lemieux also explains that the gain factors for each of the four triangles can be combined to reproduce audio emanating from the virtual sound source using the sound reproduction devices 612, 614, 616, and 618.
Thus, Lemieux discloses calculating the gain sums of the sound reproduction devices as well as normalizing the gain sums.
The Examiner notes that to the extent the normalized gain is not considered calculating “ultimate gains”, the Examiner finds that it would have been obvious to a person of ordinary skill in the art to understand that the normalizing of the gain sum is an ultimate gain.
As set forth in the ‘979 patent, in one embodiment, taking the sum of squares of the gain sums are set as ultimate gains (see col. 14, line 66 – col. 15, line 4 of the ‘979 patent). Similarly, the Examiner finds that Dausel discloses that in order to keep the perceived loudness constant, the gains are normalized by their power sum (sum of squares). See paragraph [0076]. Dausel is also directed to using Vector Base Amplitude Panning (VBAP) (see paragraphs [0022, 0026, 0054-0055]) as well as determining the gain in order to virtually play a sound a specific location. See paragraphs [0046] and [0050].
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time of the invention to calculate ‘ultimate gains’ as disclosed by Dausel by normalizing the gains by taking the power sum of the gains in order to keep the perceived loudness constant. Both Lemieux and Dausel are directed to determining a location of virtual speakers as well as calculating sums of different speakers. Therefore, both Lemieux and Dausel are in the same field on endeavor. In addition, as explained by Lemieux, normalizing also helps to preserve power and are scaled to introduce delay to account for sound reproduction device calibration.
Regarding claim 7:
A sound processing apparatus comprising:
Lemieux is directed to a method of reproducing object-based audio and determining, for a plurality of sound reproduction devices, one or more audio reproducing parameters using modified vector base amplitude panning (VBAP). See col. 1, lines 52-63. See also fig. 1 and col. 6, lines 42-col. 7, line 18 which discloses a sound processing apparatus.
a speaker selecting unit configured to select at least four processing-target speakers from a number N of speakers greater than four;
As set forth in col. 2, lines 4-21, Lemieux discloses selecting a plurality of sound reproduction devices from a group of sound reproduction devices. See also col. 3, lines 26-31 (“the plurality of sound reproduction device is selected from the group consisting of loudspeakers and headphones”). As explained in col. 12, lines 40-45, Lemieux explains that the number of sound reproduction devices can be four. The Examiner notes that Lemieux in col. 12, lines 40-45 teaches of using different number of selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations. See also Figure 3 which shows a total of 7 speakers which corresponds to a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead speakers). See col. 10, lines 18-27.
To the extent this teaching is not sufficient to disclose that a “speaker selecting unit” is configured to “select four processing-target speakers from a number N of speakers greater than four”, the Examiner finds that Ohashi is directed to a sound field control apparatus which includes a localization calculating unit which selects four speakers from 8 speakers (N speakers greater than four) based on the localization information of each audio signal input from the audio source input unit. See paragraph [0030]
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to select four speakers out of N speakers greater than four by a speaker selecting unit. As explained above, Lemieux in col. 10, lines 18-27 and col. 12, lines 40-45 teaches of using different number of selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations. See also Figure 3 which shows a total of 7 speakers which corresponds to a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead speakers). See col. 10, lines 18-27.
Therefore, since Lemieux discloses of at least selecting four speakers as well as being configured to have more than 4 speakers one of ordinary skill in the art would have understood that it would have been obvious to have a speaker selecting unit select speakers out of more than four speakers since as evidenced by both Lemieux and Ohashi it was known to have a plurality of speakers (e.g. 8 speakers) and thus have N speakers greater than four and selecting those speakers by a speaker selecting unit would have yielded a predictable result based on the teachings directed to using more than four speakers in Lemieux.
a virtual speaker position determining unit configured to determine a position of a virtual speaker based on the processing-target speakers selected by the speaker selecting unit; and
Lemieux discloses a virtual sound reproduction device (virtual speaker) as well as determining the location of the virtual sound reproduction device. See col. 13, lines 5-28. With reference to Figure 6C, the region 608 is made up of physical sound reproduction devices 1, 2, 3, and 4 and the position of the virtual sound reproduction device 5 is determined based the position of the physical speakers (i.e. the physical sound reproduction devices 1, 2, 3 and 4).
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See also col. 13, lines 28-39.
a virtual speaker calculating unit configured to calculate a gain of the virtual speaker at least by performing Vector Base Amplitude Panning (VBAP) based on a positional relationship among the virtual speaker, two speakers of the four processing-target speakers, and a sound image localization position of a virtual sound source; and
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As shown in figure 6B, Lemieux discloses e.g. two speakers among the four speakers (e.g. speaker 612 and 614), a virtual speaker 620 and a virtual sound source 610. As explained in col. 10, lines 59-col. 11, lines 48, VBAP can be used to determine gain factors for each of the sound reproduction devices. See also col. 11, lines 33-48.
As explained above, the gain factor of triangle 625 is based on the virtual speaker 620, two speakers 612 and 614 (of the four) and the virtual sound source 610. See col. 14, lines 27-30 and col. 18, lines 46-col. 19, line 2. In col. 13, lines 29-col. 14, line 56, Lemieux explains the computation of the gain factors which is performed after determining the position of the virtual speaker as well as determining the location of the virtual sound source in triangle 625, i.e. the sound image localization of the virtual sound source 610.
a gain adjusting unit configured to perform gain adjustment on sounds to be output from at least two speakers based on the gain of the virtual speaker, wherein the four-processing-target speakers are configured to output sounds to a listener according to output of the gain adjusting unit.
Lemieux explain