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 .
Response to Arguments
Applicant's arguments filed on 10/09/2025 have been fully considered but they are not persuasive.
Applicant argues that Oouchi fails to disclose “the frequency of the entire phase shift pattern” in the amended claims 1, 10 and 13 (see applicant’s argument in the last para of page 8). However, claim 1, 10 or 13 does not specifically recite that “the frequency of the entire phase shift pattern” as argued by the applicant.
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)(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.
Claim(s) 1-2 and 4-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oouchi (US 2011/0164762).
Regarding claim 1, Oouchi discloses:
a computer-implemented sound processing method {para [0007] An audio feedback suppression device according to the invention includes an adjusting phase value control section, a first stage phase adjustment section, a second stage phase adjustment section, and an output stage adder. See also Fig. 1} comprising:
acquiring a first audio signal representative of sound received by a sound receiving device {Fig. 1, element MIC; para 0026};
generating a second audio signal by rotating a phase of the first audio signal in one direction over time in conjunction with receipt of the sound {Fig. 1, element 1, phase shifter}; and
rotating the phase of the first audio signal at a rotational speed of 2 rotations per second or less {para 0060: “the change time period having the time length of 50 msec” which means period is 0.05 seconds which is less than 2 rotations per second}.
Regarding claim 2, Oouchi further discloses
playing back, by a sound emitting device, sound represented by the second audio signal (Fig. 1, element SP; para [0030].
Regarding claim 4, Oouchi further discloses
rotating the phase of the first audio signal at a rotational speed of 0.01 rotations per second or more {para 0060: “the change time period having the time length of 50 msec” which means period is 0.05 seconds which is mor than 0.01 rotations per second as claimed}.
Regarding claim 5, Oouchi further discloses
wherein generating the second audio signal comprises: generating a third audio signal by varying the phase of the first audio signal {Fig. 2, cosine value generation section 122A};
generating the second audio signal by adding: a fourth audio signal generated by multiplying the first audio signal by a first weight, and a fifth audio signal generated by multiplying the third audio signal by a second weight {Fig. 2, combination of pair 122A and 123A and pair 122B and 123B produces various different audio signals with various weights}; and
rotating the phase of the first audio signal by varying the first and second weights over time {Fig. 2 and para 0039; para 0013} .
Regarding claim 6, Oouchi further discloses
wherein generating the second audio signal comprises: generating a third audio signal by varying the phase of the first audio signal {Fig. 2, cosine value generation section 122A };
generating an intermediate signal with a predetermined phase difference relative to the third audio signal by varying the phase of the first audio signal {Fig. 2, sine value generation section 122B };
generating the second audio signal by adding: a fourth audio signal generated by multiplying the intermediate signal by a first weight, and a fifth audio signal generated by multiplying the third audio signal by a second weight; {Fig. 2, combination of pair 122A and 123A and pair 122B and 123B produces various different audio signals with various weights}; and
rotating the phase of the first audio signal by varying the first and second weights over time {Fig. 2 and para 0039; para 0013} .
Regarding claim 7, Oouchi further discloses
wherein generating the second audio signal comprises rotating the phase of the first audio signal at a constant speed within an audible band {[0013] Moreover, preferably, the adjusting phase value control section performs a phase control process in such a manner that a time period of changing the second adjusting phase with the lapse of time and a time period of not changing the second adjusting phase are sequentially repeated}.
Regarding claim 8, Oouchi further discloses
wherein a phase difference of the second audio signal relative to the first audio signal remains constant within the audible band {[0013] Moreover, preferably, the adjusting phase value control section performs a phase control process in such a manner that a time period of changing the second adjusting phase with the lapse of time and a time period of not changing the second adjusting phase are sequentially repeated}.
Regarding claim 9, Oouchi further discloses
wherein generating the second audio signal comprises:
generating, from the first audio signal, a plurality of band signals, a frequency band of each of which differs from one another {Fig. 4, para 0063-0066 where the audio signal is splitted into multiple frequency bands by various bandpass filters BPF(A), BPF(B), …, BPF(M)};
rotating each of the plurality of band signals at a different rotational speed { Fig. 4, by phase shifters 81A, 81B, …, 81M at different speed as mentioned in para 0013}; and
generating the second audio signal by mixing the plurality of rotated band signals {Fig. 4, adder 82; para 0066}.
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) 10-11 and 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oouchi (US 2011/0164762) in view of Ayrapetian et al (US 9516410).
Regarding claims 10 and 19, Oouchi discloses all claimed limitations in these claims similarly as rejected in claim 1 above except the system comprising the memory for storing instructions and the processor for implementing the instruction as recited in claim 10, or the non-transitory computer-readable recording medium as recited in claim 19.
However, Ayrapetian et al disclose method and system for audio noise reduction which also utilizes computer processor for processing functional equivalent functions using the computer system having memory and the processor and/or the non-transitory computer readable storage medium for executing the software program (Ayrapetian: col. 14, lines 27-53).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the computer system as taught by Ayrapetian into the system and method of Oouchi’s because this would allow the system to be implemented via software embodiment thus reducing implementing costs.
Regarding claims 11 and 13-18, Oouchi discloses these claimed limitations similarly as described in the rejected claims 2 and 4-9 above.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HAI PHAN/Supervisory Patent Examiner, Art Unit 2654
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