DETAILED ACTION
Continued Examination Under 37 CFR 1.114
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/24/2026 has been entered.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
3. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Response to Amendment
4. Claims 1 and 8 have been amended.
Response to Arguments
5. Applicant’s arguments filed have been fully considered but are moot based on the new grounds of rejection responsive to the amendments; see prior art rejection below.
Claim Rejections - 35 USC § 102
6. 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 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.
7. 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.
8. Claims 1, 3-8, 10-14, 17-18, 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Laaksonen et al (GB 2596138 – provided in IDS).
Regarding claim 1 Laaksonen teaches A method for generating at least two channel audio signals for two or multi- way communication (fig 1, 6; pg 1 l. 5-6: apparatus and methods for decoder spatial comfort noise generation; pg 30 l. 26-30: electronics device, mobile device; l. 31- pg 31 l. 5: processor, memory), the method comprising:
capturing, from at least two microphones, at least two audio signals (fig 1; pg 13 l 1 microphone array; pg 13 l 10 : there can be two channels (stereo) of audio signals; pg 17 l. 30-31: the stereo and binaural audio signal input);
generating at least two audio signals based on the captured at least two audio signals (pg 13 l 10 : there can be two channels (stereo) of audio signals and spatial metadata; figure 1; pg 19 l. 27-32: stereo and spatial audio signal);
analysing an ambient part of the at least two generated audio signals to determine a difference parameter (pg 13 l. 11 -25 : may define parameters such as: direction index, describing a direction of arrival of the sound at a time-frequency parameter interval; level/phase differences; direct-to-total energy ratio; diffuseness; diffuse-to-total energy ratio, describing an energy ratio of non-directional sound over surrounding directions; distance;
pg 4 l. 8-12: The means configured to generate at least one spatial comfort noise parameter further based on the time window or period may be configured to track the at least one spatial comfort noise parameter more accurately during the time window or period when the source activity determination determines substantially background noise.); and
generating a spatial comfort noise based on the difference parameter, wherein a direction of the spatial comfort noise is based, at least partially, on a direction of the ambient part of the at least two generated audio signals that is determined based, at least partially, on the difference parameter
(abstract: receives an audio signal and metadata 131 from which a spatial comfort noise parameter is generated 225 in Active mode. In DTX mode, this parameter is used to generate an actual comfort noise signal for external render and output 209. The comfort noise parameter may be a direction, energy ratio or source activity as determined by a statistical model;
pg 2 l. 29 – pg 3 l. 2: obtain or update a spatial comfort noise generator model based on the metadata parameters associated with the at least one audio signal; and generate the at least one spatial comfort noise parameter based on spatial comfort noise generator model.;
pg 3 l. 3-10: The means configured to obtain or update the spatial comfort noise generator model based on the metadata parameters associated with the at least one audio signal and during the active mode of operation of the apparatus may be configured to determine: at least one comfort noise directional component, wherein the comfort noise directional component is associated with a frequency band and time window; and at least one comfort noise energy ratio, wherein the at least one comfort noise energy ratio is associated with one of the at least one comfort noise directional component;
pg 3 l. 15-16: determined comfort noise directional component and a directional component of metadata parameters
pg 3 l. 24-28: generate, during the discontinuous transmission mode of operation of the apparatus, at least one spatial comfort noise audio signal based on the at least one spatial comfort noise parameter;
pg 4 l. 9-12: track the at least one spatial comfort noise parameter more accurately during the time window or period when the source activity determination determines substantially background noise.
Pg 4 L 16-18: determine a statistical model for spatial comfort noise; and generate the at least one spatial comfort noise parameter based on the statistical model of directional occurrences.
pg 15 l. 1-2: consider the spatial dimension of background noise during CNG periods
pg 24 l. 27-30: for each TF tile, the spatial CNG model updater 321 is configured to obtain at least one Direction and at least one corresponding Energy ratio parameter).
Where Laaksonen teaches on page 14:
There is currently no proposed spatial audio DTX, CNG and SID implementations. In particular, the implementation of DTX operation for spatial audio is likely to change the "feel" and level of the background noise that will be observed by the user. These changes in the spatialization of the background noise may be perceived by the listener as being annoying or confusing. For example in some embodiments as discussed herein the background noise is provided such that it is experienced as coming from the same direction(s) both during active and inactive speech periods.
For example, a user is talking in front of a spatial capture device with a busy road behind the device. The spatial audio capture has then constant traffic hum (that is somewhat diffuse), and specific traffic noises (e.g., car horns) coming mainly from behind, and of course the talker's voice coming from the front. When DTX is active, and the user is not talking both N channels + spatial metadata transmission can be shut off to save transmission bandwidth (DTX active). In the absence of regular spatial audio coding CNG provides the static background hum that is not too different to the original captured background noise. The embodiments as discussed herein attempt to generate spatial metadata during inactive periods. This avoids using the most recent received values results repeating and annoying "stuck" spatial image.
Crude background noise description (SID) updates may be transmitted during inactive period (with EVS this is mono and with IVAS typically stereo SID/CNG) to keep the signal properties (spectrum and energy) aligned between encoder and decoder.
And page 15: are configured to consider the spatial dimension of background noise during the CNG and SID updates. Thus in such embodiments the DTX operation is made as transparent and pleasant to the user as possible;
With Laaksonen thus describing the need for proper spatialization of background noise, and obtains direction information of the ambient part, and attempts to recreate using comfort noise so the background noise perceived by the user is not annoying, confusing, and is as pleasant to the user as possible.
Regarding claim 3 Laaksonen teaches The method as claimed in claim 1, further comprising: estimating an ambient part noise level, wherein generating the spatial comfort noise based on the difference parameter further comprises: generating the spatial comfort noise based on the ambient part noise level (pg 13 l. 11 -25 : may define parameters such as: direction index, describing a direction of arrival of the sound at a time-frequency parameter interval; level/phase differences; direct-to-total energy ratio; diffuseness; diffuse-to-total energy ratio, describing an energy ratio of non-directional sound over surrounding directions; distance; col 15 l. 1-2: consider the spatial dimension of background noise during CNG periods).
Regarding claim 4 Laaksonen teaches The method as claimed in claim 1, wherein the difference parameter is a directional parameter representing the direction of the ambient part of the at least two generated audio signals (pg 13 l. 11 -25 : may define parameters such as: direction index, describing a direction of arrival of the sound at a time-frequency parameter interval; level/phase differences; direct-to-total energy ratio; diffuseness; diffuse-to-total energy ratio, describing an energy ratio of non-directional sound over surrounding directions; distance; col 15 l. 1-2: consider the spatial dimension of background noise during CNG periods).
Regarding claim 5 Laaksonen teaches The method as claimed in claim 1, wherein analysing the ambient part of the at least two generated audio signals comprises spatially analysing the ambient part and further comprises:
determining a diffuseness of the at least two generated audio signals (pg 13 l. 11 -25 : may define parameters such as: direction index, describing a direction of arrival of the sound at a time-frequency parameter interval; level/phase differences; direct-to-total energy ratio; diffuseness; diffuse-to-total energy ratio, describing an energy ratio of non-directional sound over surrounding directions; distance; col 15 l. 1-2: consider the spatial dimension of background noise during CNG periods
pg 13 l. 14: diffuseness); and
determining the difference parameter based on the determined diffuseness (pg 13 l. 11 -25).
Regarding claim 6 Laaksonen teaches The method as claimed in claim 1, wherein analysinq the ambient part of the at least two generated audio signals comprises spatially analysing the ambient part to determine the difference parameter and further comprises:
determining for at least one of at least one time or frequency element that the at least two generated audio signals comprise an active non-stationary audio source (pg 14 l. 14-17); and
spatially analysing the ambient part of the at least two generated audio signals for elements other than the determined at least one of at least one time or frequency element in order to determine an ambient directional parameter as a directional parameter (pg 14 l. 14-24: a user is talking in front of a spatial capture device with a busy road behind the device. The spatial audio capture has then constant traffic hum (that is somewhat diffuse), and specific traffic noises (e.g., car horns) coming mainly from behind, and of course the talker’s voice coming from the front; pg 13 l. 11 -25; pg 14 l. 25-26: background noise description (SID) updates may be transmitted during inactive period).
Regarding claim 7 Laaksonen teaches The method as claimed in claim 1,wherein the difference parameter is one of:
a directional parameter representing the direction of the ambient part of the at least two generated audio signals (pg 13 l. 11 -25 : may define parameters such as: direction index, describing a direction of arrival of the sound at a time-frequency parameter interval; level/phase differences; direct-to-total energy ratio; diffuseness; diffuse-to-total energy ratio, describing an energy ratio of non-directional sound over surrounding directions);
a phase difference parameter representing a phase difference between the ambient part of the at least two generated audio signals (pg 13 l. 11-25);
a level difference parameter representing a level difference between the ambient part of the at least two generated audio signals (pg 13 l. 11-25); or
a delay or time difference parameter representing a delay or time difference between the ambient part of the at least two generated audio signals (pg 13 l. 11-25).
Regarding claim 8 Laaksonen teaches An apparatus for generating at least two channel audio signals for two or multi-way communication, the apparatus comprising:
at least one processor; and
at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus at least to:
capture, from at least two microphones, at least two audio signals;
generate at least two audio signals based on the captured at least two audio signals;
analyse an ambient part of the at least two generated audio signals to determine a difference parameter; and
generate a spatial comfort noise based on the difference parameter, wherein a direction of the spatial comfort noise is based, at least partially, on a direction of the ambient part of the at least two generated audio signals that is determined based, at least partially, on the difference parameter.
Recites limitations similar to claim 1 and is rejected for similar rationale and reasoning
Claim 10 recites limitations similar to claim 3 and is rejected for similar rationale and reasoning
Claim 11 recites limitations similar to claim 4 and is rejected for similar rationale and reasoning
Claim 12 recites limitations similar to claim 5 and is rejected for similar rationale and reasoning
Claim 13 recites limitations similar to claim 6 and is rejected for similar rationale and reasoning
Claim 14 recites limitations similar to claim 7 and is rejected for similar rationale and reasoning
Claim 17 recites limitations similar to claim 3 and is rejected for similar rationale and reasoning
Regarding claim 18 Laaksonen teaches The apparatus as claimed in claim 11, wherein the instructions, when executed with the at least one processor, cause the apparatus to: spatially analyse the ambient part to determine at least one of a delay or phase or level difference between at least a first pair of the at least two generated audio signals (pg 13 l. 11 -25 : may define parameters such as: direction index, describing a direction of arrival of the sound at a time-frequency parameter interval; level/phase differences; direct-to-total energy ratio; diffuseness; diffuse-to-total energy ratio, describing an energy ratio of non-directional sound over surrounding directions; distance; col 15 l. 1-2: consider the spatial dimension of background noise during CNG periods).
Claim 20 recites limitations similar to claim 6 and is rejected for similar rationale and reasoning
Regarding claim 21 Laaksonen teaches The apparatus as claimed in claim 8, wherein the apparatus comprises the at least two microphones, at least one loudspeaker, and an antenna (pg 13 6-9: microphone array; loudspeakers; pg 31 l. 26-33; pg 32 l. 1 – 9: UMTS protocol).
Claim Rejections - 35 USC § 103
9. 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.
10. Claims 2, 9 are rejected under 35 U.S.C. 103 as being unpatentable over Laaksonen in view of Vicinus et al (9,865,274).
Regarding claim 2 Laaksonen does not specifically teach where Vicinus teaches The method as claimed in claim 1, wherein generating the at least two audio signals based on the captured at least two audio signals further comprises:
obtaining at least two downlink audio signals (col 2 l. 20-26: remote audio signal; col 7 l. 45-67: remote audio signal; one or more microphones);
determining at least two estimated echo audio signals from the at least two downlink audio signals (abstract; col 2 l. 20-26; col 7 l. 45-67: remote audio signal); and
subtracting the at least two estimated echo audio signals from the captured at least two audio signals to generate the at least two audio signals
(abstract: input ambisonics audio signal includes multiple channels; A remote audio signal made up of audio data representing sound captured by remote meeting equipment is output by a local loudspeaker. Acoustic echo cancellation is performed on the input ambisonic audio signal by removing the remote audio signal from the input ambisonic audio signal.; col 2 l. 27-33; col 3 l. 9: stereo; col 4 l. 33-43; col 11 l. 10-39; fig 8; col 15 l. 36-43: In the example of FIG. 8, each channel of the output encoding is passed to a separate acoustic echo canceller. Specifically, a first channel of the output encoding is passed to the AEC Logic 600, and a second channel of the output encoding is passed to the AEC Logic 604. Each one of the acoustic echo cancellers performs acoustic echo cancellation on the respective one of the output encoding channels, e.g. AEC Logic 600 removes Remote Audio Signal 348 from a first channel of the output encoding (e.g. a “right” channel of a stereo encoding), and AEC Logic 604 removes Remote Audio Signal 348 from a second channel of the output encoding (e.g. a “left” channel of a stereo encoding).).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate Vicinus to remove echo for improved audio communications while still presenting a reasonable expectation of success.
Claim 9 recites limitations similar to claim 2 and is rejected for similar rationale and reasoning.
11. Claims 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Laaksonen in view of Ramo et al (2021/0211828)
Regarding claim 16 Laaksonen teaches The method as claimed in claim 4, wherein analysing the ambient part of the at least two generated audio signals comprises spatially analysing the ambient part to determine the difference parameter and further comprises:
determining at least one of a delay or phase or level difference between at least a first pair of the at least two generated audio signals (pg 13 l. 11 -25 : may define parameters such as: direction index, describing a direction of arrival of the sound at a time-frequency parameter interval; level/phase differences; direct-to-total energy ratio; diffuseness; diffuse-to-total energy ratio, describing an energy ratio of non-directional sound over surrounding directions; distance); and
determining the directional parameter based on at least one of the delay or phase or level difference [and at least one of a determined distance or orientation between microphones associated with the first pair of the at least two generated audio signals] (pg 13 l. 11 -25 : may define parameters such as: direction index, describing a direction of arrival of the sound at a time-frequency parameter interval; level/phase differences; direct-to-total energy ratio; diffuseness; diffuse-to-total energy ratio, describing an energy ratio of non-directional sound over surrounding directions; distance);
and does not specifically teach where Ramo teaches at least one of a determined distance or orientation between microphones associated with the first pair of the at least two generated audio signals (0011 The characteristic associated with the specific microphone profile may comprise at least one of: a distance between at least two microphones of the microphone array; and a direction of the at least one microphone of the microphone array.)
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate Ramo defining at least one parameter field associated with an input multi-channel audio signals; determining at least one spatial audio parameter associated with the multi-channel audio signals (0004) for improved spatial determination and comfort noise generation.
Regarding claim 19 Laaksonen in view of Ramo teaches The apparatus as claimed in claim 18, wherein the instructions, when executed with the at least one processor, cause the apparatus to: determine the directional parameter based on at least one of the delay or phase or level difference and at least one of a determined distance or orientation between microphones associated with the first pair of the at least two generated audio signals.
Recites limitations similar to claim 16 and is rejected for similar rationale and reasoning
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See 892.
Hyde 2018/0182370: 0006; Claim 4: determine the phase, amplitude, and direction of ambient noise based on an input received from the microphone.
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/SHAUN ROBERTS/Primary Examiner, Art Unit 2655
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