DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Request for 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/05/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/05/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6. 8, 10-11 and 19 rejected under pre-AIA 35 U.S.C. 103(a) as being
unpatentable over Berson (US 20060198531 A1), in view of Chen (US 6990205 B1), and further in view of McGrath (US 20090316913 A1).
Regarding claims 1, 11 and 19, Berson discloses a computer-based method for modifying a sound source (Berson, ¶ [0006]), the method comprising:
accessing, by an acoustic processing facility including at least one processor, a multi- dimensional sound signature of a location within a hypothetical space (Berson, Fig. 1, item 104; ¶ [0032]: “acoustic environment may be any location in a venue in which performances occur, such as a concert hall, sports stadium, recording studio, etc.” and Fig. 2, item 230; ¶ [0045]: “Analysis system 230 may then extract those commonalities and use them to generate characterization (signature), which may be directed towards characterizing an acoustic environment for a particular type of music.”), wherein the multi-dimensional sound signature comprises a simulated time-based sound reflection sequence for the location within the hypothetical space (Berson, Fig. 1, item 104; ¶ [0032]: “acoustic environment may be any location in a venue in which performances occur, such as a concert hall,
sports stadium, recording studio, etc.” and Fig. 2, item 230; ¶ [0045]: “Analysis system 230 may then extract those commonalities and use them to generate characterization (signature), which may be directed towards characterizing an acoustic environment for a particular type of music.”), wherein
receiving sound source data from a sound input device in a recording space (Berson, Fig. 1, item 104; ¶ [0033]: “a recording studio designed to minimize the effect of the environment on the sounds emitted by audio source”);
modifying, by the acoustic processing facility, the sound source data based at least in part on the multi-dimensional sound signature to generate a modified sound source data; and recording the modified sound source data on a sound recording device (Berson, Fig. 1, items 108, 110, 112, 116; ¶ [0034]: “These representative signals are then processed by processor 108 (modified), digitized by digitizer 110, stored on storage media by recording device 112, uploaded to Internet 116, and/or they may be recorded in analog form on magnetic tape for later use.”)
Benson further to discloses a multi-dimensional sound signature further comprises: a sound direction dimension (Benson, Fig. 2, item 230; ¶ [0045]: “Analysis
system 230 may then extract those commonalities and use them to generate
characterization (signature), which may be directed towards characterizing an
acoustic environment.
However, Berson fails to disclose a simulated time- based reflection sequence comprises a primary reflection and a secondary reflection for the location, wherein the primary reflection occurs at a first time in the time-based sound reflection sequence and the secondary reflection occurs at a second time in the time-based sound reflection sequence.
In an analogous field of endeavor, Chen (US 6990205 B1) discloses a reflection sequence comprises a primary reflection and a secondary reflection for the location, wherein the primary reflection occurs at a first time in the time-based sound reflection sequence and the secondary reflection occurs at a second time in the time-based sound reflection sequence (Chen, col. 4, lines 21-34: “ The room acoustic model generates relative directions of each source and their reflective images with respect to the listeners. The azimuth and elevation angles are calculated with binaural difference in consideration for every possible combination of direct source, reflection image, and the listeners. Distance attenuation and acoustic delays are also calculated for each source and image with respect to each listener. FIFO buffers are introduced as important functional elements to simulate the room reverberance time and the tapped outputs from these buffers can thus simulate reflections (primary and secondary) of a source with delays (time-based) by varying the tap output positions. Such buffers are also used as output buffers to collect multiple reflections in alternative embodiments.”.)
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date to have used the disclosure of a simulated time-based reflections sequence for a location, wherein the various reflections reflection occurs at time in the time-based sound reflection sequence as taught by Chen in Berson invention. The motivation is to provide an apparatus for reproducing three-dimensional sound with multiple independent 3D sound sources and their multiple reflections are synthesized by acoustical transducers such that the listener's perceived virtual sound field approximates the real-world experience.
However, the combination of Berson and Chen fails to disclose a plurality of sound vectors each representing an incidence of sound at the location in the sound direction dimension; receiving sound source data from a sound input device in a recording space; modifying, by the acoustic processing facility, the sound source data based at least in part on the multi-dimensional sound signature to generate a modified sound source data; and recording the modified sound source data on a sound recording device.
In an analogous field of endeavor, McGrath (US 20090316913 A1) discloses a plurality of sound vectors each representing an incidence of sound at the location in the sound direction dimension (McGrath, Figs. 2 and 3; ¶ [0024]: “The X and Y axes are illustrated in FIG. 2. FIG. 2 also illustrates the apparent azimuth of a sound, which can be expressed as a vector (x,y).”; and ¶ [0026]);
receiving sound source data from a sound input device in a recording space (McGrath, Fig. 1, item 15; ¶ [0022]: “the received signals to generate processed signals with enhanced spatial resolution”; and ¶ [0077]: “recorded on a storage device having a storage medium such as magnetic tape or disk, or an optical medium.”)
modifying (processed or filtered), by the acoustic processing facility, the sound source data based (McGrath, Fig. 17, items 72, 78) at least in part on the multi-dimensional sound signature (McGrath, ¶ [0006]: “ characteristics of one or more angular directions of acoustic energy in the sound field are derived by analyzing three or more input audio signals that represent the sound field as a function of angular direction ”) to generate a modified (processed) sound source data (McGrath, ¶ [0030]: “Four-channel (W, X, Y, Z) B-format signals may be generated to convey three-dimensional characteristics of a sound field expressed as functions of angular direction. By ignoring the Z-channel signal, three-channel (W, X, Y) B-format signals may be obtained to represent two-dimensional characteristics of a sound field that also are expressed as functions of angular direction.”); and
recording the modified sound source data on a sound recording device (McGrath, ¶ [0077]: “recorded on a storage device having a storage medium such as magnetic tape or disk, or an optical medium.”).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date to have used the disclosure of plurality of sound vectors each representing an incidence of sound at the location in the sound direction dimension; receiving sound source data from a sound input device in a recording space; modifying, by the acoustic processing facility, the sound source data based at least in part on the multi-dimensional sound signature to generate a modified sound source data; and recording the modified sound source data on a sound recording device as taught by McGrath in the Chen-Berson invention. The motivation is to recreate accurately the aural sensation of an acoustic event such as a musical performance or a sporting event by exploiting the capabilities of multiple loudspeakers surrounding a listener. Ideally, the playback system generates a multi-dimensional sound field that recreates the sensation of apparent direction of sounds.
Regarding claim 2, the combination of Berson, Chen and McGrath disclose all the limitation of claim 1.
Berson further discloses modifying the sound source data is such that a person
listening to the recorded modified sound source data experiences the modified sound
source data as if the person was listening to the sound source data in the hypothetical
space (which is part of an acoustic environment) (Berson, ¶ [0060]: “The user may also use system to move their listening location to a different seat of Three Rivers Stadium (e.g., by navigating and selecting a different seat displayed on at least one of the display screens of system 400), to hear how The Phantom of the Opera would sound while sitting in the different seat.”)
Regarding claims 3 and 12, the combination of Berson, Chen and McGrath discloses all the limitation of claim 1 and 11 respectively.
Berson further discloses a sound input device is a microphone (Berson, Fig. 1,
item 106).
Regarding claims 4 and 13, the combination of Berson, Chen and McGrath discloses all the limitation of claim 1 and 11 respectively.
Berson further discloses a recording space is an audio recording studio (Berson,
Fig. 1, items 100, 104; ¶ [0032]).
Regarding claims 5 and 14, the combination of Berson, Chen and McGrath discloses all the limitation of claim 1 and 11 respectively.
Berson further discloses recording space is a sound stage (Berson, Fig. 2, item
200, 218).
Regarding claims 6 and 15, the combination of Berson, Chen and McGrath discloses all the limitation of claim 1 and 11 respectively.
Berson further discloses modifying the sound source data is part of a post-
production editing process (Berson, ¶ [0035]: “modifying or otherwise controlling the
signals that represent the captured audio signals”).
Regarding claims 8, 17 and 20, the combination of Berson, Chen and McGrath
discloses all the limitation of claim 1, 11 and 19 respectively.
Berson further discloses a multi-dimensional sound signature comprises a
combination of a plurality of different sound dimensions including at least one of: timing;
amplitude; or frequency of sound reflections (Berson, ¶ [0043]: “pitch, frequency, timing, amplitude and other characteristics… related to the signals emitted by excitation device to the data received by each of the capturing devices. In this manner, analysis system generates characterization (signature) as a representation of how acoustic environment influences sound”).
Regarding claim 10, the combination of Berson, Chen and McGrath discloses all the limitation of claim 1.
Berson further discloses multi-dimensional sound signature is accessed from a
database including a plurality of multi-dimensional sound signatures (Berson, ¶ [0066]:
“the system determines whether the requested characterization is available by inquiring with and/or searching through a database of acoustic environment characterizations”).
Claims 7 and 16 rejected under pre-AIA 35 U.S.C. 103(a) as being
unpatentable over Berson (US 20060198531 A1), in view of Chen (US 6990205 B1), in view of McGrath (US 20090316913 A1), and further in view of Sekine (US 20030202667 A1).
Regarding claim 7 and 16, the combination of Berson, Chen and McGrath discloses all the limitation of claim 1.
However, the combination of Berson, Chen and McGrath fails to discloses a time-based sound reflection sequence includes at least one of: amplitude; frequency; or quality.
In an analogous field of endeavor, Sekine (US 20030202667 A1) discloses a
time-based sound reflection sequence includes at least one of: amplitude; frequency; or
quality (Sekine, ¶ [0050]: “record includes the acoustic ray path length, the
generation direction, the reflection frequency, and the reflection attenuation
rate”).
Therefore, it would have been obvious to one with ordinary skill in the art before
the effective filing date of the claimed invention to have used the disclosure of a time-based sound reflection sequence includes at least one of: amplitude; frequency; or quality as taught by Sekine in the McGrath - Chen - Berson invention. The motivation is to. The motivation is to determine the reflection points and determine actions to
attenuate the reflections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRIEDRICH FAHNERT whose telephone number is (571)270-7797. The examiner can normally be reached 7:00 am-4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CAROLYN EDWARDS can be reached at (571)270-7136. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
/FRIEDRICH FAHNERT/
Examiner
Art Unit 2692
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