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 § 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.
Claims 1 and 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over US20060254407 (Jarrett), hereinafter US’407, in view of 20200349980 (DeFranco), hereinafter US’980, and in further view of US10790919 (Kolen), hereinafter US’919.
Regarding claim 1, US’407 discloses ‘An audio synthesis method (US’407, ¶¶[0002]-[0005]: a system integrating musical notation with “performance generation code and synthesizer to provide realistic playback of musical scores”, and digital performance generators use recorded sounds or “samples” of live musical instruments, Fig. 1 shows “Editor”, “Database”, “Compiler”, “Performance Generator”, “Synthesizer”, “Sound Library”) comprising:
acquiring music score data of target music (US’407, ¶[0036]:database contains information “for writing the score” and/or “generation a musical performance” including the graphical information of a standard musical score and “performance generation information”; ¶[0074]: the compiler interprets musical symbols and other information encoded in the database and creates performance-generation code for the synthesizer)
and performance time information corresponding to a plurality of sub-audios (US’407, ¶[0076]:”All commands that are to occur simultaneously are grouped together, and each such group is assigned a single timing”; ¶[0087]:timing commands specify numbers of digital samples and individual note values are adjusted according to the notated tempo; ¶[0093]: the performance generator sends commands to the synthesizer “at appropriate timing intervals”),
and generating a synthetic audio of the target music by performing a fusion process on the sub-audios (US’407, Fig. 1, ¶¶[0102]-[0103] the synthesizer generates acoustical playback of the musical score using digital sound samples, and the active samples are mixed with the output of other active samples to produce the resulting audio output; score playback through the synthesizer/sound library, its sample-based generator supports synchronized multi-track performances) based on the performance time information corresponding to each of the sub-audios (US’407, ¶[0076]:simultaneous commands are grouped and assigned a timing value; ¶[0087]:timing commands provide precision timing and adjust individual notated tempo; ¶[0093]:commands are sent to the software synthesizer “at approximate timing intervals” so playback occurs in synchronization with the score).
US’407 does not expressly disclose ‘wherein the music score data of the target music comprises audio data identifiers … [corresponding to a plurality of sub-audios];
acquiring the sub-audios based on the audio data identifiers corresponding to each of the sub-audios;
an instrumental timbre corresponding to each of the sub-audios being matched with a hearing-impaired hearing timbre.
However, US’980 discloses ‘wherein the music score data of the target music comprises audio data identifiers … [corresponding to a plurality of sub-audios] (US’980, Figs. 2A-2B, ¶[0035]: mapping data associates audio sample identifiers 200 with trigger parameters; each audio sample identifier corresponds to a different audio sample in memory and may be a memory address or unique code. A note may map directly to a Sample ID);
acquiring the sub-audios based on the audio data identifiers corresponding to each of the sub-audios (US’980, Fig. 3, steps 304-306, ¶¶[0039]-[0040]: processor maps trigger data to an audio sample identifier 200; at step 306 it “reads the mapped audio sample from memory 106”, with sample identifier 200 assisting the processor because the identifier can identify the memory address where the relevant audio sample is located);
US’919 discloses ‘an instrumental timbre corresponding to each of the sub-audios being matched with a hearing-impaired hearing timbre (US’919 col. 4, lines 8-25: hearing information indicating a “frequency range associated with reduced hearing capability” and generating personalized music by “selecting…instruments associated with musical notes outside of the frequency range” and generating the music using those instruments; col. 10, lines 63-67 & col. 11, line 1: the personalized music may comprise simulated music from “instruments with registers below the frequency”);
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to implement US’407’s selection and loading of instrumental sound samples using US’980’s mapping of musical trigger parameters to be stored audio sample via audio-sample identifiers, such that an identified audio sample is retrieved from memory for playback, in order to provide an efficient mechanism for locating and retrieving the appropriate stored instrumental audio sample in response to musical performance information.
Regarding claim 10, US’980 discloses ‘A computer device (US’980, ¶[0004]: ”audio sample playback apparatus”), comprising: a processor and a memory storing at least one program code, wherein the processor, when loading and executing the at least one program code, is caused to perform (US’980, [0004¶]: “a memory configured to store… a plurality of audio samples” and “a processor configured to” receive trigger inputs, identify corresponding audio sample, retrieve the identified sample from memory, and generate an audio frame from retrieved sample).
The remaining limitations of claim 10 correspond substantially to the limitations of claim 1 and are disclosed by US’407 (in view of US’980 and US’919) for the reasons set forth above with respect to claim 1.
acquiring music score data of target music, wherein the music score data of the target music comprises
audio data identifiers and performance time information corresponding to a plurality of sub-audios, an instrumental timbre corresponding to each of the sub-audios being matched with a hearing-impaired hearing timbre;
acquiring the sub-audios based on the audio data identifiers corresponding to each of the sub-audios;
and generating a synthetic audio of the target music by performing a fusion process on the sub-audios based on the performance time information corresponding to each of the sub-audios.
Regarding claim 11, US’980 discloses ‘A non-transitory computer-readable storage medium (US’980, ¶[0031]: memory 106 may comprise “one or more non-transitory computer-readable storage mediums”) storing at least one program code, wherein the at least one program code, when loaded and executed by a processor of a computer, causes the computer to perform an audio synthesis method (US’980, ¶[0031]: memory 106 may store “software programs or instructions that are executed by processor 104 during operation of the unit 100” and may store programs for the disclosed process flows as instructions configured for execution by processor 104”):
The remaining limitations of claim 11 correspond substantially to the audio synthesis method limitations of claim 1 and are disclosed by US’407 (in view of US’980 and US’919) for the reasons set forth above with respect to claim 1.
acquiring music score data of target music, wherein the music score data of the target music comprises audio data identifiers and performance time information corresponding to a plurality of sub-audios, an instrumental timbre corresponding to each of the sub-audios being matched with a hearing-impaired hearing timbre;
acquiring the sub-audios based on the audio data identifiers corresponding to each of the sub-audios;
and generating a synthetic audio of the target music by performing a fusion process on the sub-audios based on the performance time information corresponding to each of the sub-audios.
Regarding claim 12, US’980 further discloses ‘A computer program product storing at least one computer instruction (US’980, ¶[0031]: memory 106 “may store software programs or instructions that are executed by processor 14” and that the programs for its process flows “can take the form of a plurality of instructions configured for execution by processor 104”), wherein the at least one computer instruction, when loaded and executed by a processor of a computer (US’980, ¶[0031]: processor 104 and memory 106 cooperate to generate audio frames and that the processor executes the audio-processing operations), causes the computer to perform the audio synthesis method as defined in claim 1 as disclosed by US’407 (in view of US’980 & US’919).
Claims 2, 7,8, 13, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US’407, in view of US’980 and US’919, and in further view of US20140023219 (Chao), hereinafter US’219.
Regarding claim 2, US’407 (in view of US’980 & US’919) discloses ‘The method according to claim 1, as discussed above.
US’407 (in view of US’980 & US’919) does not expressly disclose ‘wherein in a frequency spectrum of an instrument corresponding to each of the sub-audios, a ratio of energy of a low- frequency band to energy of a high-frequency band is greater than a ratio threshold, wherein the low-frequency band is a band lower than a frequency threshold, the high- frequency band is a band higher than the frequency threshold, and the ratio threshold indicates a condition that the ratio of the energy of the low-frequency band to the energy of the high-frequency band in a frequency spectrum of an audio which is capable of being heard by hearing-impaired people needs to be satisfied.
However, US’219 discloses ‘wherein in a frequency spectrum of an instrument corresponding to each of the sub-audios (US’219, ¶[0039]: the “pronunciation covers multiple frequencies, including low, medium, and high frequencies” and determines whether the input sound requires processing by inspecting its frequency energy; ¶[0026]: Fig. 3 divides a sound source into a plurality of input sounds for the determination), a ratio of energy of a low- frequency band to energy of a high-frequency band is greater than a ratio threshold (US’219, ¶[0042]: determination whether audio satisfies quantitative spectral-energy criteria: “the proportion (.rho..sub.0m) of the sound energy over 1000 Hz … to all sound energy … is greater than 70%, and the proportion (.rho..sub.1m) of the sound energy under 2000 Hz of the input sound 20 to all sound energy of the input sound is less than 20%”),
wherein the low-frequency band is a band lower than a frequency threshold, the high-frequency band is a band higher than the frequency threshold (US’219, ¶[0042] : energy “over 1000 Hz” and “under 2000 Hz”; a “high frequency section” and “lower frequency section”; ¶¶[0049]-[0050]: 8000-14000 Hz is the high frequency section and frequencies under 8000 Hz establish the lower-frequency section; the dividing frequency can be adjusted according to the hearing-impaired listener),
and the ratio threshold indicates a condition that the ratio of the energy of the low-frequency band to the energy of the high-frequency band in a frequency spectrum of an audio which is capable of being heard by hearing-impaired people needs to be satisfied (US’219, ¶[0042]: “the input sound 20 is distributed in the high frequency portion that is not easily heard by the hearing-impaired listener”; ¶[0052]:” lowering the frequency mainly includes frequency shifting, frequency compression, or a combination thereof The primary function of this step is to lower the frequency of the high frequency sound processing section 21a so that the hearing-impaired listener can hear the sound”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to apply US’219’s quantitative spectral-energy criteria to the hearing-adapted instrumental audio of the modified US’407 system in order to select audio having spectral-energy distribution suitable for the hearing capability of a hearing-impaired listener. Expressing the relative low- and high-frequency energy distribution as a ratio of low-frequency energy to high-frequency energy would have amounted to a predictable mathematical representation of the relative spectral-energy criterion.
Regarding claim 7, US’407 (in view of US’980 & US’919) discloses ‘The method according to claim 1, as discussed above.
US’407 further discloses ‘wherein generating the synthetic audio of the target music by performing the fusion process on the sub-audios based on the performance time information corresponding to each of the sub-audios comprises (US’407, ¶[0093]: the performance generator reads performance code and sends commands at the appropriate timing intervals; ¶[0102]: the active samples are mixed with the outputs of other active samples and the resulting mix is provided as the output; ¶[0104]: the synthesizer receives timing information for each event in advance):
acquiring an intermediate audio of the target music by performing the fusion process on the sub-audios based on the performance time information corresponding to each of the sub-audios (US’407, ¶[0102]: the output of each active sample is processed and “mixed with the output of other active samples” with the resulting mix supplied to the output; ¶[0104]: timing for each event supplied in advance);
US’407 does not expressly disclose ‘and acquiring the synthetic audio of the target music by performing a frequency domain compression process on the intermediate audio of the target music.
However, US’219 discloses ‘and acquiring the synthetic audio of the target music by performing a frequency domain compression process on the intermediate audio of the target music (US’219, ¶[0051]:” Step 205: lowering the frequency of the high frequency sound processing section 21a to form a frequency-lowered high frequency sound-amplifying section 21d; ¶[0052]: ”Generally speaking, the method for lowering the frequency mainly includes frequency shifting, frequency compression, or a combination thereof”, “FIG. 7 illustrates a schematic drawing of performing frequency compression to form the frequency-lowered high frequency sound-amplifying section 21d”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to apply US’219’s frequency-domain compression to the resulting audio generated from the timed instrumental samples of US’407 (as modified), to shift difficult-to-hear frequency content into a frequency range more readily perceived by a hearting-impaired listener, thereby improving the audibility and perceived continuity of the synthesized music for the hearing-impaired listener.
Regarding claim 8, US’407 (as modified in further view of US’219) ‘discloses ‘The method according to claim 7, as discussed above.
US’219 further discloses ‘wherein acquiring the synthetic audio of the target music by performing the frequency domain compression process on the intermediate audio of the target music comprises: acquiring a first sub-audio of a first frequency interval corresponding to the intermediate audio and a second sub-audio of a second frequency interval corresponding to the intermediate audio, wherein a frequency of the first frequency interval is less than a frequency of the second frequency interval (US’219, Fig. 3, ¶¶[0026], [0049]: dividing the input sound into a lower frequency section 22 and a high frequency 21, e.g. below 8000 Hz and 80000-14000 Hz, respectively);
acquiring a third sub-audio by performing a gain compensation on the first sub-audio based on a first gain coefficient, and acquiring a fourth sub-audio by performing a gain compensation on the second sub-audio based on a second gain coefficient (US’219, ¶[0048]:”Step 204: increasing or decreasing the energy of a high frequency section 21“, amplification of that section);
acquiring a fifth sub-audio by performing a compression frequency shift process on the fourth sub-audio (US’219, ¶¶[0051]-[0052]: step 205: lowering the frequency of the processed high-frequency section and expressly states that frequency lowering includes “frequency shifting, frequency compression, or a combination thereof”),
and acquiring the synthetic audio of the target music by performing the fusion process on the third sub-audio and the fifth sub-audio (US’219, ¶[0053]: “Step 206: combining the non-high frequency section 22 with the frequency-lowered high frequency sound-amplifying section 21d to form (synthesize) a modified input sound 30”).
US’219 does not expressly disclose ‘wherein a lower limit of a third frequency interval corresponding to the fifth sub-audio is equal to a lower limit of the second frequency interval;
However, US’219 discloses selecting frequency intervals and performing frequency compression thereon (US’219, Figs. 6-7, ¶¶[0050]-[0053]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to select the lower limit of the compressed frequency interval to coincide with the lower limit of the frequency interval being compressed through routine optimization of the frequency-compression boundaries, since selection of the frequency range subjected to frequency lowering was a known adjustable parameter for positioning the compressed frequency content within a desired frequency range.
Regarding claim 13, US’407 (in view of US’980 & US’919) discloses ‘The computer device according to claim 10, as discussed above.
wherein in a frequency spectrum of an instrument corresponding to each of the sub-audios, a ratio of energy of a low-frequency band to energy of a high-frequency band is greater than a ratio threshold,
wherein the low-frequency band is a band lower than a frequency threshold, the high- frequency band is a band higher than the frequency threshold,
and the ratio threshold indicates a condition that the ratio of the energy of the low-frequency band to the energy of the high-frequency band in a frequency spectrum of an audio which is capable of being heard by hearing-impaired people needs to be satisfied. (Claim 13 corresponds to claim 2)
Regarding claim 18, US’407 (in view of US’980 & US’919) discloses ‘The computer device according to claim 10, as discussed above.
wherein the processor, when loading and executing the at least one program code, is caused to perform:
acquiring an intermediate audio of the target music by performing the fusion process on the sub-audios based on the performance time information corresponding to each of the sub-audios;
and acquiring the synthetic audio of the target music by performing a frequency domain compression process on the intermediate audio of the target music. (Claim 18 corresponds to claim 7)
Regarding claim 19, US’407 (as modified in further view of US’219) ‘The computer device according to claim 18, as discussed above.
wherein the processor, when loading and executing the at least one program code, is caused to perform:
acquiring a first sub-audio of a first frequency interval corresponding to the intermediate audio and a second sub-audio of a second frequency interval corresponding to the intermediate audio,
wherein a frequency of the first frequency interval is less than a frequency of the second frequency interval;
acquiring a third sub-audio by performing a gain compensation on the first sub-audio based on a first gain coefficient, and acquiring a fourth sub-audio by performing a gain compensation on the second sub-audio based on a second gain coefficient; acquiring a fifth sub-audio by performing a compression frequency shift process on the fourth sub-audio,
wherein a lower limit of a third frequency interval corresponding to the fifth sub-audio is equal to a lower limit of the second frequency interval;
and acquiring the synthetic audio of the target music by performing the fusion process on the third sub-audio and the fifth sub-audio. (Claim 19 corresponds to claim 8)
Claims 3-6 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over US’407, in view of US’980 and US’919, and in further view of US20160210951 (Rutledge), hereinafter US’951.
Regarding claim 3, US’407 (in view of US’980 & US’919) discloses ‘The method according to claim 1, as discussed above.
US’407 (in view of US’980 & US’919) further discloses ‘wherein acquiring the music score data of the target music comprises (US’407, ¶¶[0036], [0074]: database contains information for “writing the score” and “generating a musical performance”, including performance-generation information implied by the graphical score; ¶[0074]: the compiler interprets the musical symbols and other information encoded in the database and “creates performance-generation code for the synthesizer”):
determining the audio data identifiers….corresponding to the plurality of sub-audios (US’980, Fig. 2A-2B and Fig. 3, ¶[0035]: a mapping structure associating “audio sample identifiers 200 with one or more trigger parameters”, each identifier corresponds to a different stored audio sample; “Note 1 gets mapped to Sample ID 1, Note 2 gets mapped to Sample ID 2”; Fig. 3, step 304 maps trigger data to an audio-sample identifier and step 306 retrieves the corresponding sample from memory).
and the performance time information corresponding to the plurality of sub-audios (US’407, ¶[0076]:”All commands that are to occur simultaneously are grouped together, and each such group is assigned a single timing value”; ¶[0087]: timing commands provide precision timing and individual note values are adjusted “in accordance with the noted tempo; ¶[0093]: the performance generator sends commands to the synthesizer “at appropriate timing intervals”)
US’407 (in view of US’980 & US’919) does not expressly disclose ‘based on a tempo, a time signature, and a chord list of the target music.
However, US’951 discloses ‘based on a tempo, a time signature, and a chord list of the target music (US’951, Fig. 2A, ¶[0031]: musical characteristics include “tempos 215” along with time signatures 210 and chords 220; ¶[0093]: “a length of the song section or part, a number of bars or measures, a chord progression, a number of beats per measure, a tempo, and a type of rhythm or feel”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to determine the sample-identifying and performance-timing information of the modified US’407 system based upon the tempo, time signature, and chord progression as taught by US’951, because US’951 teaches using these interrelated musical characteristics to determine the rhythmic and harmonic organization of musical content and generate musically compatible accompaniment, thereby providing sample selection consistent with the rhythmic and harmonic structure of the target music.
Regarding claim 4, US’407 (as modified in further view of US’951) discloses ‘The method according to claim 3, as discussed above.
US’951 further discloses ‘wherein the plurality of sub-audios comprise a drumbeat sub-audio and a chord sub-audio (US’951, ¶[0092]:” The complementary audio signals 155 may be generated corresponding to one or more distinct instrument parts”, complementary signals for a “bass guitar and/or a drum set”; ¶[0091]: the initial complementary audio may comprise “a single note or chord”);
and determining the audio data identifiers and the performance time information corresponding to the plurality of sub-audios based on the tempo, the time signature, and the chord list of the target music comprises: determining an audio data identifier and performance time information corresponding to the drumbeat sub-audio based on the tempo and the time signature of the target music (US’951, ¶[0093] parameters needed to produce the complementary audio signals are determined, including “a number of bars or measures, a chord progression, a number of beats per measure, a tempo, and a type of rhythm or feel”; Fig. 2A, identifies TIME SIGNATURE(S) 210, TEMPO(S) 215, and RHYTHM(S) 230; ¶¶[0072]-[0074]:”timing of a major beats within those bars”) ;
determining an audio data identifier and performance time information corresponding to the chord sub-audio based on the tempo, the time signature, and the chord list of the target music (US’951, ¶[0093]: ”a chord progression, a number of beats per measure, a tempo, and a type of rhythm or feel” for producing suitable complementary audio signals);
and acquiring the audio data identifiers and the performance time information corresponding to the plurality of sub-audios by composing the audio data identifier and the performance time information corresponding to the drumbeat sub-audio and the audio data identifier and the performance time information corresponding to the chord sub-audio (US’951, ¶[0110]: “a plurality of complementary audio signals 840, 850 are generated, each of which may correspond to a different instrument part (such as a bass guitar, or a drum set)”;¶[0092]: complementary audio for different instruments may be “mixed” together).
Regarding claim 5, US’407 (as modified in further view of US’951) ‘The method according to claim 4, as discussed above.
US’951 further discloses ‘wherein determining the audio data identifier and the performance time information corresponding to the drumbeat sub-audio based on the tempo and the time signature of the target music comprises: (US’951, ¶[0092]:complementary audio signals may correspond to different instruments; specifically, an input guitar signal can result in complementary audio signals generated for “a bass guitar and/or a drum set”; ¶[0093]: the system analyzes the music to determine parameters needed to produce suitable complementary audio signals; “a number of bars or measures, a chord progression, a number of beats per measure, a tempo, and a type of rhythm or feel”)
determining an audio data identifier corresponding to the time signature and the tempo of the target music (US’951, Fig. 2A identifies TIME SIGNATURE(S) 210, TEMPO(S) 215, and RHYTHM(S) 230, as musical characteristics determined by interpretation module 182; Fig. 4A, ¶[0061]:determines time signatures at block 415 and tempos of block 420), and determining the audio data identifier corresponding to the time signature and the tempo of the target music as the audio data identifier corresponding to the drumbeat sub-audio (US’951, ¶¶[0092]-[0093]: determined musical parameters with generation of complementary instrument parts, including “drum set” and identifies “a number of bars or measures, a chord progression, a number of beats per measure, a tempo, and a type of rhythm or feel”);
and determining the performance time information corresponding to the drumbeat sub- audio based on the time signature and the tempo of the target music (US’951, ¶[0072]: for 4/4 time and 60 bpm, the notes are grouped as triplets within a measure and relative to a time axis, with specified notes corresponding to major beats; ¶[0073]: for ¾ time and 90 bpm, the same musical information is instead grouped into eighth-note pairs across two measures, again establishing the major-beat positions; ¶[0074]:”timing of major beats within those bars”).
Regarding claim 6, US’407 (as modified in further view of US’951) ‘The method according to claim 4, as discussed above.
US’951 further discloses ‘wherein the chord list comprises a chord identifier and performance time information corresponding to the chord identifier (US’951, ¶¶[0088]-[0089]:” determines an intended first musical chord corresponding to the audio signal 125”; “ the associated chords optionally changing at various points during the phrase”;[0093]:determines a “chord progression”; ¶[0099]):
and determining the audio data identifier and the performance time information corresponding to the chord sub-audio based on the tempo, the time signature, and the chord list of the target music comprises (US’951, ¶[0093]:” a chord progression, a number of beats per measure, a tempo, and a type of rhythm or feel”; ¶[0089]: changing chords with positions in a phrase):
determining an audio data identifier corresponding to the chord identifier based on the tempo and the time signature of the target music (US’951, ¶[0091]:” a single note or chord is produced and output” and initial complementary audio may be “based on one of a determined key and a determined first chord of the audio signal”);
and determining the performance time information and the audio data identifier corresponding to the chord identifier as the performance time information and the audio data identifier corresponding to the chord sub-audio (US’951, ¶[0094]: subsequent accompaniment portions may begin “with the next major beat of the audio signal” providing continuous musical flow).
Regarding claim 14, US’407 (in view of US’980 & US’919) discloses ‘The computer device according to claim 10, as discussed above.
wherein the processor, when loading and executing the at least one program code, is caused to perform:
determining the audio data identifiers and the performance time information corresponding to the plurality of sub-audios based on a tempo, a time signature, and a chord list of the target music. (Claim 14 corresponds to claim 3)
Regarding claim 15, US’407 (as modified in further view of US’951) discloses ‘The computer device according to claim 14, as discussed above.
wherein the plurality of sub-audios comprise a drumbeat sub-audio and a chord sub-audio; and wherein the processor, when loading and executing the at least one program code, is caused to perform:
determining an audio data identifier and performance time information corresponding to the drumbeat sub-audio based on the tempo and the time signature of the target music;
determining an audio data identifier and performance time information corresponding to the chord sub-audio based on the tempo, the time signature, and the chord list of the target music;
and acquiring the audio data identifiers and the performance time information corresponding to the plurality of sub-audios by composing the audio data identifier and the performance time information corresponding to the drumbeat sub-audio and the audio data identifier and the performance time information corresponding to the chord sub-audio. (Claim 15 corresponds to claim 4)
Regarding claim 16, US’407 (as modified in further view of US’951) discloses ‘The computer device according to claim 15, as discussed above.
wherein the processor, when loading and executing the at least one program code, is caused to perform:
determining an audio data identifier corresponding to the time signature and the tempo of the target music, and determining the audio data identifier corresponding to the time signature and the tempo of the target music as the audio data identifier corresponding to the drumbeat sub-audio;
and determining the performance time information corresponding to the drumbeat sub- audio based on the time signature and the tempo of the target music. (Claim 16 corresponds to claim 5)
Regarding claim 17, US’407 (as modified in further view of US’951) discloses ‘The computer device according to claim 15, as discussed above.
wherein the chord list comprises a chord identifier and performance time information corresponding to the chord identifier;
and wherein the processor, when loading and executing the at least one program code, is caused to perform:
determining an audio data identifier corresponding to the chord identifier based on the tempo and the time signature of the target music;
and determining the performance time information and the audio data identifier corresponding to the chord identifier as the performance time information and the audio data identifier corresponding to the chord sub-audio. (Claim 17 corresponds to claim 6)
Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US’407, in view of US’980, US’919, US’219 and in further view of US6577739 (Hurtig), hereinafter US’739.
Regarding claim 9, US’407 (as modified in further view of US’219) discloses ‘The method according to claim 8, as discussed above.
US’407 (as modified in further view of US’219) does not expressly disclose ‘wherein acquiring the fifth sub-audio by performing the compression frequency shift process on the fourth sub-audio comprises: acquiring a sixth sub-audio by performing a frequency compression of a target ratio on the fourth sub-audio; and acquiring the fifth sub-audio by performing a frequency upshift of a target value on the sixth sub-audio, wherein the target value is equal to a difference between the lower limit of the second frequency interval and a lower limit of a fourth frequency interval corresponding to the sixth sub-audio.
However, US’739 discloses ‘wherein acquiring the fifth sub-audio by performing the compression frequency shift process on the fourth sub-audio comprises (US’739, col. 2, lines 48-50: ”the scaling and transposing (or compression and frequency shifting) functions”, col. 2, lines 15-17: maintains spectral shape while “scaling its spectrum in the frequency domain, via frequency compression, and transposing its spectrum in the frequency domain, via frequency shifting”):
acquiring a sixth sub-audio by performing a frequency compression of a target ratio on the fourth sub-audio (US’739, col. 2, lines 58-59:”given a compression ratio of 50%, or compression factor of 0.5”; col. 3, lines 1-4: the particular compression amount is determined by the user’s hearing loss, and “Compression factors of 0.9, 0.8, 0.7, 0.6, and 0.5 have been accomplished in the lab”; col. 3, lines 36-40: “50 % compression ratio, input array points 1-2048 are mapped to output points 1-1024);
and acquiring the fifth sub-audio by performing a frequency upshift of a target value on the sixth sub-audio (US’739, col. 3, lines 6-7:”the compression might be accompanied by a frequency shift upward of, for example 100 Hz”; col. 3, lines 49-51: “if the spectrum is to be frequency shifted in addition to the proportional compression, this is accounted for in the same mapping step”),
US’739 does not expressly disclose ‘wherein the target value is equal to a difference between the lower limit of the second frequency interval and a lower limit of a fourth frequency interval corresponding to the sixth sub-audio.
However, US’739 teaches positioning the compressed frequency spectrum according to a desired frequency-shift amount by mapping the compressed frequency data into shifted output frequency bins (US’739, col. 3, lines 36-42 & col. 4, lines 23-26: the compressed spectrum is mapped into output frequency bins according to the desired frequency shift: “the bins which they are placed are shifted toward the center enough to accomplish the desired frequency shift”; col. 4, lines 19-21:” FIG. 5 illustrates in more detail how the compression step 18a of FIG. 2 is accomplished, along with frequency shifting, for an example of 50% compression (step 18a-2).”; col. 4, lines 33-35: Fig. 6 shows “frequency shifting (by one point, for simplicity) … in addition to a compression of 50%)”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to determine the frequency-shift value is the difference between the lower boundary of the compressed frequency interval and the desired lower boundary, because such subtraction provides predictable mathematical offset required to translate the compressed frequency interval to the desired frequency position.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to implement US’219’s frequency-compressing and frequency-shifting process using the proportional compression and frequency-bin shifting taught by US’739, in order to provide controlled compression by a selected ratio and position the resulting compressed frequency content within a desired audible frequency range for a hearing-impaired listener.
Regarding claim 20, US’407 (as modified in further view of US’219) ‘The computer device according to claim 19, as discussed above.
wherein the processor, when loading and executing the at least one program code, is caused to perform:
acquiring a sixth sub-audio by performing a frequency compression of a target ratio on the fourth sub-audio;
and acquiring the fifth sub-audio by performing a frequency upshift of a target value on the sixth sub-audio,
wherein the target value is equal to a difference between the lower limit of the second frequency interval and a lower limit of a fourth frequency interval corresponding to the sixth sub-audio. (Claim 20 corresponds to claim 9)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20180068643 (Ishioka) teaches an automatic musical performance system having sequence data for a plurality of tracks corresponding to respective musical instrument parts, including pitch and sound-emission timing information, wherein the track data is reproduced in synchronization with the tempo of the musical piece.
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/NICOLE K GILLESPIE/Examiner, Art Unit 2837
/DEDEI K HAMMOND/Supervisory Patent Examiner, Art Unit 2837
