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
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.
Claims 1-20 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.
Claims 1,18 recites the limitation “generate a unified audio signal that is more generic to a type of microphone”. Such language is unclear and indefinite as to the boundaries of the limitation. The specification does not provide boundaries to the highlighted portion of the limitation. What makes the unified audio signal more generic or less generic? Due to the ambiguity, the claim is 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 “… to generate unified audio signals more generic than the source audio signals …” and “operating the neural network until a loss function meets at least one criterium that indicates the unified audio signals are more generic in at least one audio signal characteristic …”. Such language is unclear and indefinite as to the boundaries of the limitation. The specification does not provide boundaries to the highlighted portion of the limitation. What makes the unified audio signal more generic or less generic? The term “criterium” is broad and does not provide boundaries to the phrase “more generic”. What are the boundaries to a criterium would indicate “the unified audio signals is more generic in at least one audio signal characteristic …”, resulting in boundaries to the phrase “more generic”? Due to the ambiguity, the claim is 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.
Claims 2-8,10-17,19-20 are dependent claims and are rejected on the same grounds as claim 1.
Claim 2 recites the limitation “the audio signal” in claim 1. There is insufficient antecedent basis for this limitation in the claim. Is this limitation referring to “a unified audio signal” or “initial audio signal”?
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)(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) 1,2,18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tagliasacchi et al (US Publication No.: 20230395087).
Claim 1, Tagliasacchi et al discloses
Receiving, by processor circuitry *(paragraph 139), an initial audio signal (Fig. 6, label 602, Fig. 2, label 210,202) from one of multiple microphones (Fig. 2, label 210) arranged to provide the initial audio signal (Fig. 2, label 210 where any of the signals can be the initial audio signal.); and
Modifying the initial audio signal (Fig. 6, label 604) comprising using at least one neural network (NN) (Fig. 6, label 604, machine learned microphone model) to generate a unified audio signal (Fig. 6, label 604, predicted target audio data) that is more generic to a type of microphone than the initial audio signal (Fig. 6, label 604. The microphone model generates the predicted target audio data by processing the input audio data to parameters of a target microphone.).
Claim 2, Tagliasacchi et al discloses the unified audio signal is provided from the at least one neural network regardless of an improvement in quality in the audio signal (Fig. 6, label 604 outputs the predicted target audio data or unified audio signals without consideration of quality of the audio signal.)
Claim 18, Tagliasacchi et al discloses
Receiving, by processor circuitry *(paragraph 139), an initial audio signal (Fig. 6, label 602, Fig. 2, label 210,202) from one of multiple microphones (Fig. 2, label 210) arranged to provide the initial audio signal (Fig. 2, label 210 where any of the signals can be the initial audio signal.); and
Modifying the initial audio signal (Fig. 6, label 604) comprising using at least one neural network (NN) (Fig. 6, label 604, machine learned microphone model) to generate a unified audio signal (Fig. 6, label 604, predicted target audio data) with at least one characteristic that is more generic to a type of microphone than the initial audio signal (Fig. 6, label 604. The microphone model generates the predicted target audio data by processing the input audio data to parameters of a target microphone. Paragraph 86 discloses “The microphone model 404 may be configured to transfer the microphone style of the target data to the source data. The microphone model 404 may convolve the source waveform data with microphone impulse response data, process the resulting data with a power-frequency model, a filtering model, and a clipping model to generate clipped data with a desired microphone variability.” This indicates the unified audio signal (predicted target audio data) is generated with at least one characteristic, resulting in the unified audio signal is more generic to a type of microphone than the initial audio signal.) and regardless of an improvement in quality relative to the initial audio signal (Fig. 6, label 604 outputs the predicted target audio data or unified audio signals without consideration of quality of the audio signal.).
Claim(s) 3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tagliasacchi et al (US Publication No.: 20230395087) in view of Eargle (The Microphone Book).
Claim 3, Tagliasacchi et al discloses the unified audio signal comprises at least one characteristic of the initial audio signal modified to be closer to a frequency response, signal to noise ratio, or total harmonic distortion of a generic audio signal modeled by the at least one neural network and of the type of microphone. (Paragraph 5 describes how the microphone model is trained. A parameter is determined in relation to microphone acoustics. The parameter is used to train the model and the model is used to process at least one audio signal.)
Although Tagliasacchi et al fails to disclose the relationship between microphone acoustics and frequency response, signal to noise or total harmonic distortion, Eargle discloses microphone acoustics includes parameters such as frequency response, signal to noise ratio and/or harmonic distortion (Chapter 7, Page 130 frequency response, page 137 Microphone equivalent self- noise level rating, and page 139 distortion specifications discloses total harmonic distortion). It would be obvious to one skilled in the art before the effective filing date of the application to for the microphone acoustics disclosed by Tagliasacchi et al to include any of the microphone acoustic parameters as disclosed by Eargle so to improve the microphone model by providing training data needed to train the model.
Allowable Subject Matter
Claims 4-8,19-20 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.
Claims 9-17 are allowed over prior art. Note: all rejections and/or objections must be overcome prior to placing the case in condition for allowance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA WONG whose telephone number is (571)272-6044. The examiner can normally be reached 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew C Flanders can be reached at 571-272-7516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LINDA WONG/Primary Examiner, Art Unit 2655
Prosecution Insights