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 .
Claims 1-20 are pending in the application.
Examiner’s Note: The examiner has cited particular passages including column and line numbers, paragraphs as designated numerically and/or figures as designated numerically in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claims, other passages, paragraphs and figures of any and all cited prior art references may apply as well. It is respectfully requested from the applicant, in preparing an eventual response, to fully consider the context of the passages, paragraphs and figures as taught by the prior art and/or cited by the examiner while including in such consideration the cited prior art references in their entirety as potentially teaching all or part of the claimed invention. MPEP 2141.02 VI: “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS."
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/06/2023 was filed after the mailing date of the first office action. The submission 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 § 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) 1-3, 9, 17, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Loibl et al. 2019/0065662 (“Loibl”).
Regarding claim 1, Loibl discloses an audio record production system, comprising:
a record manufacturer [Laser Inscribing 12 of fig. 2 and 4; SEE fig. 7 and 8]; and
[0001] The present invention relates to the manufacture of an analogue audio storage medium. Specifically, the present invention relates to the computer-controlled audio data transformation into a CAD compatible representation of the audio data and the laser inscribing (or laser engraving) of a medium and an apparatus for the manufacture of such an analogue audio storage medium which may be played on conventional playback devices such as record players.
a music production interface configured to:
receive a record format selection [par. 0012 – general parameters] and a set of digital audio files [Digital Audio data 13 of fig. 4];
modify the set of digital audio files in dependence on the selected record format [Topographical data];
[0012] In a preferred embodiment of the invention, the topographical data is processed with an emulator of an analogue playback device for pre-production verification. When creating the 3D model, the audio waveform data may be combined with general parameters of known playback mediums and playback devices, for example, the diameter of a (gramophone) record, its playback speed and its groove width. This ensures that the topographical data is converted into a form which ensures high playback quality on a conventional playback device such as a record player. Furthermore, by processing the data in this manner, the topographical data can be tailored to a specific playback format or device for the best playback quality on that individual device. In a preferred embodiment, RIAA equalization is applied to the audio data which is processed to match the best available audio-quality whilst still remaining in conformation with the standard RIAA curve and additionally expanding this frequency curve with frequencies above the regular 20 kHz. By processing the audio data in this manner, the requirements for high-definition audio are matched.
[0009] The present invention provides a computer-implemented method of manufacturing an analogue audio storage medium. In a first step, digital audio data is converted into topographical data representing an analogue translation of the digital audio data. In other words, a 3D surface model i.e. topography is generated from the digital audio data using software. The digital audio data to be converted may initially comprise compressed audio data files such as .MP3, .WMV or .AAC audio data files, or uncompressed data files such as pulse code modulation (PCM) .WAV or AIFF files. The digital audio data may also comprise digitised analogue audio data. Further, the conversion of the digital audio data may be performed by processing a data file such as those mentioned before, but may also be performed on an audio data stream, which enables piecewise processing of the digital audio data. [READ further par. 0012, 0026]
generate a set of manufacturing instructions [Scanning Strategy] derived from the modified set of digital audio files [SEE fig. 4]; and
[0026] In a preferred exemplary implementation of the invention as illustrated in Fig. 3a, digital audio data 13 is converted into topographical data representing an analogue translation of the digital audio data. This is achieved by importing the two-channel digital audio data into CAD software. In a CAD program the audio waveform of each channel is represented as a curve 14 (Bézier curve or polynomial (spline)) or polyline 15 that interpolates the digital audio data at distinct time steps by sampling the audio signal. Fig. 3b shows the curve representation of the CAD imported audio data as two-channel i.e. stereo data comprising two curves 16 and 17 which represent a left and a right channel. By applying emulation software, the time steps are subsequently converted to 3D locations (xyz) according to the desired playback rotation speed of the analogue audio storage medium and the local radius of the groove. The curves are extruded to surfaces and tilted 45 degrees in order to form a V-shaped groove 18 and trimmed to standard groove dimensions (microgroove) as three-dimensionally illustrated in Fig. 3c. The obtained line-shaped groove is then manipulated by the software and bent into a spiral whilst the groove distance between neighbouring grooves is minimised according to the local waveform amplitude. A complex surface topography representing the transformed audio data is obtained as shown in Fig. 3d. This spiral topography may be either represented as grooves 19 which may be directly playable by a conventional playback device when inscribed on a substrate, or in the form of ridges 20 which may also be inscribed on the substrate. In the case of the latter, the medium resulting from the substrate would form a stamper. In a preferred implementation of the invention, both sides of the surface of a single substrate are used for the laser inscribing process. That is, one side (with grooves in the negative vertical direction) is used for the fabrication of a direct structure i.e. playable media, whilst the other side or flipped surface (with ridges representing the grooves in a positive vertical direction) is used for the fabrication of an indirect structure (stamper). [SEE further par. 0028]
[0040] FIG. 4 shows the possible methods of forming a final playable record 10 according to preferred implementations of the invention. As described above, the digital audio data 13 is converted into topographical data 21 which is then used in the laser inscribing process 12. At reference 22 a laser scanning strategy to write the topographical data 21 on the substrate 1 is chosen. According to two preferred exemplary implementations of the present invention, the laser inscribing process 12 may be performed by either raster scanning 23 or vector scanning 24.
[0050] FIG. 9 shows a flow diagram of preferred exemplary implementations of the present invention including both the software and hardware-based aspects thereof. The digital audio data 13 is converted into a CAD topography 21a to form a 3D surface model. The CAD topography 21a is then subject to a CAD mastering process 21b wherein CAD transformations such as scaling, trimming, inverting for volume and equalization are applied to the topographical data. The mastered data is then processed by software emulating 21c a record player. Quality controls are applied and modelling of the mechanical motion of a playback reading stylus and the left and right pickups. The software generated, mastered and processed data is then physically imprinted on a substrate by a laser writing process 12.
transmit the set of manufacturing instructions to the record manufacturer [SEE fig. 4 or 9];
wherein the record manufacturer is configured to receive the set of manufacturing instructions from the music production interface and, in response, convert a record blank [Vinyl Record 10 in fig. 2 and 9] into a playable audio record.
[0027] Fig. 4 shows the possible methods of forming a final playable record 10 according to preferred implementations of the invention. As described above, the digital audio data 13 is converted into topographical data 21 which is then used in the laser inscribing process 12. At reference 22 a laser scanning strategy to write the topographical data 21 on the substrate 1 is chosen. According to two preferred exemplary implementations of the present invention, the laser inscribing process 12 may be performed by either raster scanning 23 or vector scanning 24. In one example, either of these methods of laser scanning are performed in order to inscribe a negative stamper 9 from which playable records 10 may be manufactured. In another example, either of the aforementioned methods of laser scanning are applied to inscribe the substrate 1 and produce a direct (playable) master structure 25 from which an intermediate moulding or casting 26 may be formed. The intermediate structure 26 may, in turn, be used to form an indirect structure 9 from which playable records 10 may be manufactured.
[0028] In a preferred implementation, the physical imprint is performed by raster scanning. Figs. 5a and 5b respectively show an example of laser raster scanning 23 with a single laser beam 27 and an example of the physical imprint 2 of the audio data made in the substrate 1. In this case, the physical imprint 2 comprises a 3D inverse topology. As shown in Fig. 5a, the laser scanner meanders in horizontal i.e. in the x-y direction lines over the substrate. During this process the laser power is modulated according to the translated analogue audio data. In Fig. 5b, a detailed view of the recorded medium negative master stamper with the contour lines of the laser focus is shown. The height information of the profile is translated into a laser power profile so that the relevant surface topography is generated. The skilled person will appreciate that a number of different methods for raster laser scanning are possible. Examples of preferred implementations of raster scanning techniques in accordance with the present invention comprise at least one of the following:
[READ further par. 0050]
Regarding claim 2, Loibl discloses conversion of a record blank (10b) into a playable audio record (10) is a subtractive manufacturing process whereby material is removed from the blank (10b) to convert it into the playable audio record (10) [SEE fig. 3d, 5a, 6-7 and par. 0016].
Regarding claim 3, Loibl discloses wherein the record manufacturer is configured to encode audio within the playable audio record as a modulated spiral groove [SEE fig. 2, 3 and 6-8]; wherein the record manufacturer comprises a cutting head [27 - fig. 7] for cutting the groove into the record blank, and a turntable [not show] to which the record blank 10 is temporarily attached during groove formation, to allow relative rotational movement of the cutting head and the blank [READ par. 0030-0031].
Regarding claim 9, Loibl discloses the record blank is constructed from a plastics material [READ par. 0033].
Regarding claim 16, Loibl discloses the music production interface (5) is configured to modify the set of digital audio files by applying at least one filter for controlling the amplitude of predetermined frequencies; wherein at least one filter applied comprises applying RIAA equalization [par. 0012; SEE fig. 3a].
Regarding claim 17, Loibl discloses a digital-to-analogue converter for converting the digital audio files to a set of analogue signals [par. 0009]; wherein the set of analogue signals are a stereophonic pair, each controlling movement, during cutting, of a respective one of a pair of valley walls that define the groove [par. 0024, 0026; fig. 3b, 3d].
Regarding claim 19, Loibl discloses an audio record produced by an audio record manufacturer being configured and arranged to receive manufacturing instructions that include digital audio files modified in dependence on a selected record format [Topographical data], and in response convert a record blank into a playable audio record [SEE further discussion in claim 1].
Regarding claim 20, it is directed to the method of steps to implement the system as set forth in claim 1. Therefore, it is rejected on the same basis as set forth hereinabove.
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.
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) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loibl as applied to claims 1+3 above, and further in view of Bachman William U.S. Patent No. 3053943 (“William”).
Regarding claim 4, Loibl teaches the laser beam 27 is scanned over the substrate 1 in a rotational motion which forms the physical imprint 2 of analogue data on the substrate 1 in an ever-decreasing spiral. The skilled person will appreciate that this may be achieved by rotating the laser beam 27, rotating the substrate 1, or rotating both. However, Loibl does not expressly teach underside surface of the record blank is detachably attached to the turntable during groove formation.
William teaches a phonograph record cutter apparatus which is capable of cutting double modulated groove records of a quality [SEE fig. 1]. Specifically, William teaches underside surface of the record blank [12] is detachably attached to the turntable [10] during groove formation [The turntable 10 is adapted to receive the usual wax master 12 – col. 2 lines 10-11].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to include the underside surface of the record blank is detachably attached to the turntable during groove formation of William. The motivation for doing so would have been to provide an effective mean to rotate the blank disk during groove formation.
Regarding claim 5, William teaches a majority of the underside surface of the record blank (10b) is detachably attached to the turntable (24) during groove formation [SEE fig. 1].
Regarding claim 6, Loibl in view of William teaches the record blank is attached to the turntable during groove formation. However, Loibl/William does not expressly teach the record blank (10b) is attached to the turntable (24) via electrostatic adhesion during groove formation; wherein the system further comprises a static generator 16 configured to generate static for adhering the blank 10b to the turntable 24 via electrostatic adhesion during groove formation; and wherein the system further comprises an anti-static device (17) configured to remove the electrostatic adhesion following groove formation, to allow the record (10) formed from the blank (10b) to be released from the turntable. However, Examiner takes official notice that such feature is old and well known in the art of electrostatic chuck that commonly used in semiconductor and optical disc fabrication. One of ordinary skill in the art would motivate to provide such feature to enable precise, stable, and reversible fixation to secure a record blank to a turntable during cutting.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loibl as applied to claims 1+3 above, and further in view of Evans Arthur U.S. Patent No. 2847514 (“Arthur”).
Regarding claim 7, Loibl does not teach the manufacturing instructions (73) comprise pitch speed instruction to control the speed of the radially-inward travel of the cutting head (23) and thereby the pitch of the groove cut into the record (10).
Arthur teaches a method of controlling the pitch of the sound track grooves in record disc during the recording process. Specifically, Arthur teaches pitch speed instruction to control the speed of the radially-inward travel of the cutting head and thereby the pitch of the groove cut into the record [SEE col. 2 line 35 to col. 3 line 10; col. 7 line 52 to col. 8 line 64].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the system of Loibl with pitch speed instruction to control the speed of the radially-inward travel of the cutting head and thereby the pitch of the groove cut into the record of Arthur. The motivation for doing so would has been to increase the playing time of a phonograph record with a greater safety factor in regard to overcutting of the sound track grooves, as suggested by Arthur in col. 1 lines 15-25.
Claim(s) 8, 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loibl as applied to claims 1+3 above.
Regarding claim 8, Loibl does not teach a swarf vacuum for automatically removing swarf from the record (10) following or during cutting of the groove. However, Examiner takes official notices that such feature is old and well known in the art of fabrication. One of ordinary skill in the art would motivate such feature in order to provide self-cleaning for the system. Thus, prevent damage to the record.
Regarding claim 10, Loibl does not teach the plastics material is at least one of: a polyester and a plastics material having an equivalent or more negative charge on the triboelectric series to polyester. However, Loibl specifically teach the substrate may be comprise hard, transparent or non-transparent materials such as plastic, glass, sapphire glass, steel or any noble metals. As such, it would have been obvious to one of ordinary skill in the art that Loibl’s generic plastic material encompasses the claimed a polyester and a plastics material having an equivalent or more negative charge on the triboelectric series to polyester because the other functions performed by the system of Loibl’s de not affect the basis operation of the device. That is to record music into a blank record.
Regarding claim 11-12, the claim is rejected for same reason as provided in claim 10.
Regarding claim 13, Loibl teaches a blank record is a vinyl records for playing on a playback device. Therefore, it is obvious to one of skill in the art that Loibl teaches the blank has a thickness of between .5mm and 3mm.
Claim(s) 14-15, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Loibl as applied to claims 1 above, and further in view of Lida US Pub. No. 2006/0071067.
Loibl teaches an assembler and at least one printing module, the printing module configured to receive a set of printing instruction associated with the manufacturing instruction, and in response print packaging [music file] for the associated record, the record and packaging being combined together by the assembler [SEE fig. 2] to create a music product [SEE discussion in claim 1], wherein the manufacturing instructions are associated with at least one of the printing instructions. Loibl does not teach the record (10) and the packaging (10c) being combined together by the assembler (14) to create a music product in the form of combined and distributable records and packaging (10d); and a distribution system (90) configured to distribute music products to at least one destination (11) specified in a set of distribution instructions (71) associated with the manufacturing instructions (73); wherein distribution instruction (71) via a unique order identifier (72); and wherein the music production interface (5) comprises an editor configured to receive a user input to specify the appearance of the record (10) and its packaging (10c), the editor being configured to receive a user selection and arrangement of image files (31), and in response generate manufacturing instructions, including printing instructions (74) therefrom.
Lida teaches another assembler [20 fig. 1] and at least one printing module [MD writer 28 and Printer 29], the printing module configured to receive a set of printing instruction associated with the manufacturing instruction [SEE fig. 3-7], and in response print packaging for the associated record, the record and packaging being combined together by the assembler to create a music product [SEE par. 0371 to 0406].
Specifically, Lida teaches the record (10) and the packaging (10c) being combined together by the assembler (14) to create a music product in the form of combined and distributable records and packaging (10d) [SEE fig. 1]; and a distribution system (90) configured to distribute music products to at least one destination (11) specified in a set of distribution instructions (71) associated with the manufacturing instructions (73);
[0372] The customer enters the necessary information by looking at the musical composition selection items displayed on the monitor screen, in order to select the first music piece. There are various methods of entering this information. For example, the necessary information can be entered by using the keyboard or can be directly written on the screen by using a touch pen.
[0373] The AAS 11 will obtain the necessary information by searching the musical composition list database 12 in the store 10 based on the information entered on the monitor screen.
[0374] As an example, FIG. 3B shows the monitor screen when the customer has entered (b) the name of an artist, (g) a portion of the words, and (h) a portion of the melody, respectively.
[0393] In this step, the jacket design selection and the album title entry of the MD are implemented.
1.4.1. Jacket Design Selection
[0394] With a completion of the musical composition editing step as described in the above step 3, in this example, nine kinds of jacket design are displayed on one screen (i.e., one page) of the monitor, as shown in FIG. 5, along with the character display of "PLEASE SELECT THE FAVORITE JACKET". Jacket designs on other monitor screen pages can be displayed on the monitor screen in such a manner that the jacket designs displayed on the previous page and the next page can be displayed on the monitor screen by touching the entry displays of "PREVIOUS PAGE" and "NEXT PAGE" on the monitor screen, respectively. Of course, the number of kinds of the jacket designs incorporated in one screen (i.e., one page) may be set arbitrarily.
[0401] After all the above mentioned steps are completed, the production step of the MD is begun. In the present embodiment, the MD disc production work, i.e., the recording, is implemented in the backchannel company 20.
[0406] The host-computer 22 retrieves the customer database 30 in the database 32 of the company side based on the information of "CUSTOMER CODE E", prints the address label of the customer from the information of the customer's address and the like, and mails the MD to the customer after having completed the predetermined packaging. As a result, the customer could receive the ordered MD.
wherein the manufacturing instructions (73) are associated with at least one of the printing instructions and distribution instruction (71) via a unique order identifier; and
[0022] a first entering unit for entering identification information in order to identify a customer;
wherein the music production interface (5) comprises an editor configured to receive a user input to specify the appearance of the record [Jacket Design – Fig. 5] and its packaging [SEE fig. 7], the editor being configured to receive a user selection and arrangement of image files [SEE fig. 4 – Sorting the musical compositions], and in response generate manufacturing instructions, including printing instructions (74) therefrom [SEE par. 0400 - 0406].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to combine the teachings of Loibl and Lida because they both directed to the method and system for customizing music record. Lida’s teaching of the record (10) and the packaging (10c) being combined together by the assembler (14) to create a music product in the form of combined and distributable records and packaging (10d); and a distribution system (90) configured to distribute music products to at least one destination (11) specified in a set of distribution instructions (71) associated with the manufacturing instructions (73); wherein the manufacturing instructions (73) are associated with at least one of the printing instructions (74) and distribution instruction (71) via a unique order identifier (72); and wherein the music production interface (5) comprises an editor configured to receive a user input to specify the appearance of the record (10) and its packaging (10c), the editor being configured to receive a user selection and arrangement of image files (31), and in response generate manufacturing instructions, including printing instructions (74) therefrom would enable an customer to personalize/purchase their favorite music in a single MD, CD, or Record from a plurality of musicians, albums. Thus, result in a lower cost as suggested by Lida in paragraph 0006-0008.
Regarding claim 15, Lida teaches the music production interface (5) is configured to modify the set of digital audio files in response to receiving a user selection of at least one of: the chronology of the set of digital audio files [SEE fig. 4 SORT]; the maximum playback length of the set of digital audio files; and the playback volume of the set of digital audio files.
Regarding claim 18, Loibl in view of Lida teaches a handling module [10], an assembler [20], a printing module [29], a manufacturing controller [22], a record distributor [30], a record manufacturer (8), an audio transcoder [par. 0012 of Loibl], an accounts manager [32], a user computing device [par. 0312], and server [22] configured to provide the music production interface to a user computing device via a server-client web interface [Fig. 3 and par. 0315].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub. No. 2005/0083808 to Anderson et al. teach a system and method for burning program information and compressed audio content into a recordable audio compact disc. Specifically, Anderson et al. teach
[0034] FIG. 2 illustrates method 90 according to one example of the present subject matter. In the figure, method 90 includes segment 20 directed to the user interface and segment 50 directed to building the production.
[0035] The custom files are created according to a method as described relative to FIG. 2. Method 90, according to one example, includes a method to modify data and audio files so that they can be burned into a standard recordable CD-Audio disc using a standard personal computer with a CD-Audio burner.
[0036] As part of segment 20, at 25, the user enters a name for the new production folder. In addition, at 30, the user selects options (if any) for the new production. Selectable options, in one example, include the sample rate, the number of audio files, the type of audio files (including, for example, music, voice message, audio prompts, etc.), an audio compression scheme and play intervals for messages. In one example, selectable options include other play, mixing or programming information for the unit.
[0037] Next, at 35, the user selects all source audio files to be stored on the disc followed by, as indicated at 40, pressing a start, or "build" button to instruct the program to create the production.
[0038] As for building the production, at 55, an information data file, or metadata file, is created based on the options selected earlier with the exception of the actual audio files. When making the information data file, multiple copies of the information, as well as a checksum of that information, is placed at the end of each copy. At 60, each source audio file is converted to the desired final audio format. This includes changing the sample rates and compressing the audio as desired. At 65, a header is appended. In one example, the header includes a RIFF/WAV header at the front of each data or raw audio file. The header indicates that the attached file includes a 16 bit linear, stereo audio file with a 44.1 kHz sample rate. At 70, the file names are changed for the newly created data and audio files. The replacement file names, in one example, start with the word "track" and end with numbers from 01 to 99. At 75, a decision is made as to the order that files are to be stored on the CD. In one example, the first file is named track01. The file name for each subsequent file is incremented by the number one. In one example, no duplicates or gaps in the numbers are allowed as the new names are assigned. At 80, a production folder is created with the name assigned by the user. At 85, the newly named data and audio files are placed in the production folder. The production folder contains the completed files for the production. The files (labeled track01 through track(end#)) are then ready to be burned into a disc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT HUY TRAN whose telephone number is (571)272-7210. The examiner can normally be reached on M-F 7:00-4:00.
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, Thomas C Lee can be reached on 571-272-3667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VINCENT H TRAN/Primary Examiner, Art Unit 2115