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 .
Claim Rejections - 35 USC § 112
Claims 2,3,8,9,12,13,17,18,20 are 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.
Regarding Claims 2,3,8,9,12,13,17,18,20, is the “vocal data” the same as the “real-time vocal audio” of the parent claims? Clarification is required.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1,2,10-12,19,20 is/are rejected (to the extent understood) under 35 U.S.C. 102(a)(1) as being fully met by Serletic et al (USPGP 20180268792).
Regarding Claims 1,11,19, Serletic discloses a computer-implemented method comprising:
receiving 202 predetermined musical data for a song, where the predetermined musical data includes lyrics 204 and chords and rhythmic structures of the song 208;
receiving audio data 208 of a band generating music of the song; and
generating real-time vocal audio 212,214,216 that is in rhythm with the audio data and in harmony with the chords, wherein the vocal audio includes the lyrics and is of a predetermined voice (para. 0060).
Regarding Claims 2,12,20, Serletic discloses the vocal data follows the chords of the predetermined musical data over time synchronized with the band 212 (correlate musical input with lyrical input).
Regarding Claim 10, Serletic discloses ingesting historical vocal data of a particular singer (para. 0060); and generating a vocal profile of that particular singer, wherein the predetermined voice is of the particular singer such that generating the real-time vocal audio includes generating the real-time vocal audio according to the vocal profile (para. 0060).
Claim Rejections - 35 USC § 103
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.
Claim(s) 4,5,14,15 is/are rejected (to the extent understood) under 35 U.S.C. 103 as being unpatentable over Serletic in view of Fitzgerald et al (WO 2018154458).
Regarding Claims 4,14, Serletic (applied here in a similar manner as to claim 1 above) discloses all features claimed, but does not explicitly teach generating a visual depiction of a singer that aligns with the vocal audio such that it appears as if the visual depiction of the singer is singing the vocal audio.
Fitzgerald teaches generating a visual depiction of a singer 11 that aligns with the vocal audio (video is of singer singing) such that it appears as if the visual depiction 13 of the singer 11 is singing the vocal audio (para. 0056).
It would have been obvious to one of ordinary skill in the art to adapt the teachings of Serletic with those of Fitzgerald, so as to give a more entertaining visual presentation, as is known in the art to be desirable.
Regarding Claims 5,15, Fitzgerald teaches the visual depiction includes a hologram.
Allowable Subject Matter
Claims 3,8,9,13,17,18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 6,7,16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited show related teachings in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY DONELS whose telephone number is (571)272-2061. The examiner can normally be reached M-F.
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JEFFREY . DONELS
Examiner
Art Unit 2837
/JEFFREY DONELS/Primary Examiner, Art Unit 2837
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