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 . This Office action is based on the communications filed February 8, 2024. Claims 1 – 20 are currently pending and considered below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on August, 7, 2024, IDS submitted on 10, 10, 2024, IDS submitted on April 2, 2025, and IDS submitted on July 10, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112
Claim 13 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “short” in claim 13 is a relative term which renders the claim indefinite. The term “short” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “brighter” in claim 19 is used by the claim to reference sound i.e., “brighter sound” however the accepted meaning is in regards to visual perception. The term is indefinite because the specification does not clearly redefine the term and therefore it is unclear what is meant by “brighter sound”.
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.
(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 – 11, 15 – 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Johnston (US 2016/0055857 A1), hereinafter Johnston.
Claim 1: Johnston discloses a method for dynamic playback of target sound (see at least, “The present disclosure relates generally to the field of computer data processing, and in particular but not exclusively, relates to a system and method for generating dynamic sound environments using user-specified temporal and geolocation information,” Johnston [0001]), the method comprising:
generating a target sound sequence in accordance with a user setting (see at least, “The display controller 214 is communicatively coupled to the display device 216 such as a monitor or display on which a graphical user interface of the browser 208 is provided for use by end-users in placing requests for soundstreams,” Johnston [0022], “FIG. 5 is an illustration of a method for receiving and processing sound samples in a dynamic sound generation system. In the illustrated embodiment the method commences with a receiving of data input as shown as step 502 where the data input can comprise one or more of the following data items: current location, atmospheric condition state, time, date, population and topographical features. A user interface system is provided to enable end users to submit sound requests from a variety of client devices for processing on an application server. End users can provide custom or user-specific preferences for data input such as atmospheric condition state (i.e., windy, stormy, sunny, etc.), time, date (e.g., historical dates), population size (e.g., desired population size, etc.), and topographical feature. In a preferred embodiment, a current location is determined from a user's GPS geographic coordinates as included in the data input comprising the sound request,” Johnston [0028]);
driving a speaker with the target sound sequence (see at least, “After processing and generation of a soundstream, the mixing engine will control the transmission of the processed sound-stream to a client device where the received sound-stream will be rendered (as shown at step 512) on one or more of the output devices designated by the end user on the client device,” Johnston [0029], “The input/output devices 222 are collectively provided for receiving user input specifying parameters for a sound-stream and for the streamed rendering of the sound-stream on designated output devices (e.g., speakers, headphones, etc.),” Johnston [0022]); and
adjusting a gain of the target sound sequence based on one or more of: detecting a user context; detecting an environment of a user; and detecting that media playback has started or stopped (see at least, “Once sequenced, one or more algorithmic processes are applied to each sound file to adjust the loudness, duration and pitch of sound sample in each sound file in an integrated sound-stream. The processing of sound samples, as shown at step 508, entails the application of one or more algorithms that adjust loudness for each sound file by applying a sound attenuation factor. One or more algorithms are also applied to determine an optimal a stereo pan position for a sound sample in a sonic palette,” Johnston [0029], “Upon commencement of the rendering of a sound-stream, an active process is initiated to continually monitor for additional user input, as shown at step 514. If updated user input is received, the process will re-commence (as shown at step 514) with a retrieval of sound samples from the sound databases, the sequencing of the sound samples, and the processing and mixing of those sound samples to render a sound-stream on a client device reflecting the updated selections made by a user. If no updated user input is received, the process will continue rendering a sound-stream until a termination request is received at which point the process ends, as shown at step 516,” Johnston [0029], “End users can provide custom or user-specific preferences for data input such as atmospheric condition state (i.e., windy, stormy, sunny, etc.), time, date (e.g., historical dates), population size (e.g., desired population size, etc.), and topographical feature. In a preferred embodiment, a current location is determined from a user's GPS geographic coordinates as included in the data input comprising the sound request,” Johnston [0028]).
Claim 2: Johnston discloses the method of claim 1 wherein the user context is one of critical listening, running, jogging, or transportation in a car or bus (see at least, “Lacking this ability to dynamically generate a unique sound environment for any location on the planet, many conventional systems simply increase fatigue in the listener due to the repetitive nature of the sound content and generally decrease the overall value of the sound experience. This phenomena is particularly acute as people struggle to
regain control over their sonic space in their homes, cars and lives using static and "brute" force masking approaches involving the drowning out of noise with pre-recorded linear music and contemporary noise generators,” Johnston [0006], “Thus, there is a significant and growing need for a system and related methods for dynamic generation of geolocation specific sound environments that can enable users to gain access to a "soundscape" for any chosen location on the planet in a manner similar to the current ability to access visual information using systems like Google Maps,” Johnston [0007]).
Claim 3: Johnston discloses the method of claim 2 wherein the environment is office, home, or public transport (see at least, “Lacking this ability to dynamically generate a unique sound environment for any location on the planet, many conventional systems simply increase fatigue in the listener due to the repetitive nature of the sound content and generally decrease the overall value of the sound experience. This phenomena is particularly acute as people struggle to regain control over their sonic space in their homes, cars and lives using static and "brute" force masking approaches involving the drowning out of noise with pre-recorded linear music and contemporary noise generators,” Johnston [0006], “Thus, there is a significant and growing need for a system and related methods for dynamic generation of geolocation specific sound environments that can enable users to gain access to a "soundscape" for any chosen location on the planet in a manner similar to the current ability to access visual information using systems like Google Maps,” Johnston [0007], “After the assembling of sound samples, a sound space is defined with an initial set of emitter locations determined from a series of tags defining the topographical features of a selected location, as shown at step 604. The emitter locations represent acoustic sound emitters in a physical space defined by location coordinates entered by a user or where an end user (or the user's client device) may be located based on available GPS data. Examples of physical structures serving as emitter locations in a sound space include rivers, buildings, passing trains, trolley cars, rock formations and other natural or manmade objects having certain acoustical properties. As discussed previously, the illustrated embodiment, the sound space is determined from the current location coordinates of a user's client device or a user-selected location,” Johnston [0030]).
Claim 4: Johnston discloses the method of claim 1 wherein the target sound sequence enables a listener to avoid distractions from internal sound sources or external sound sources that the listener hears simultaneously with playback of the target sound sequence (see at least, “Lacking this ability to dynamically generate a unique sound environment for any location on the planet, many conventional systems simply increase fatigue in the listener due to the repetitive nature of the sound content and generally decrease the overall value of the sound experience. This phenomena is particularly acute as people struggle to regain control over their sonic space in their homes, cars and lives using static and "brute" force masking approaches involving the drowning out of noise with pre-recorded linear music and contemporary noise generators,” Johnston [0006], “Thus, there is a significant and growing need for a system and related methods for dynamic generation of geolocation specific sound environments that can enable users to gain access to a "soundscape" for any chosen location on the planet in a manner similar to the current ability to access visual information using systems like Google Maps,” Johnston [0007]).
Claim 5: Johnston discloses the method of claim 1 wherein the target sound sequence masks or lessens perceived loudness of other sounds that a listener is hearing (see at least, “Lacking this ability to dynamically generate a unique sound environment for any location on the planet, many conventional systems simply increase fatigue in the listener due to the repetitive nature of the sound content and generally decrease the overall value of the sound experience. This phenomena is particularly acute as people struggle to regain control over their sonic space in their homes, cars and lives using static and "brute" force masking approaches involving the drowning out of noise with pre-recorded linear music and contemporary noise generators,” Johnston [0006], “Thus, there is a significant and growing need for a system and related methods for dynamic generation of geolocation specific sound environments that can enable users to gain access to a "soundscape" for any chosen location on the planet in a manner similar to the current ability to access visual information using systems like Google Maps,” Johnston [0007]).
Claim 6: Johnston discloses the method of claim 1 wherein the target sound sequence enables a listener to focus on a particular activity in which the listener is engaged (see at least, “Lacking this ability to dynamically generate a unique sound environment for any location on the planet, many conventional systems simply increase fatigue in the listener due to the repetitive nature of the sound content and generally decrease the overall value of the sound experience. This phenomena is particularly acute as people struggle to regain control over their sonic space in their homes, cars and lives using static and "brute" force masking approaches involving the drowning out of noise with pre-recorded linear music and contemporary noise generators,” Johnston [0006], “Thus, there is a significant and growing need for a system and related methods for dynamic generation of geolocation specific sound environments that can enable users to gain access to a "soundscape" for any chosen location on the planet in a manner similar to the current ability to access visual information using systems like Google Maps,” Johnston [0007]).
Claim 7: Johnston discloses the method of claim 1 wherein generating the target sound sequence comprises: accessing a sound file that comprises a plurality of bins, each bin storing a plurality of audio sections being recorded nature sounds; and randomly selecting a plurality of selected audio sections from the plurality of bins and mixing the selected audio sections while cross fading to form the target sound sequence (see at least, “Thus, there is also a pressing need for a solution that can preserve the recording quality of resources such as nature CDs and sound effects libraries with a capability to generate sound for any given location at any given time designated by a user using a dynamic, procedural approach so that the audio content produced is not only unique but consistently appealing and varied,” Johnston [0007], “Once the sound files have been sequenced and associated sound samples processed, a mixing process (as shown at step 510) will be applied that retrieves the sound samples and orders them in the sonic palette according to their sound type using a sound layering process. The sonic palette includes different sound types in the layering process. A first sound type consists of looping sound elements and a second sound type consists of one-shot sound elements. In processing the sound samples, the mixing engine creates a soundstream comprised of a composite mix of looping sound elements which form the background ambience environment and one-shot sound elements which are randomly distributed within the sonic palette to produce a sound-stream that simulates a sound environment as it does or might exist in the geographic location designed by a user or read from a user's client device,” Johnston [0029], “After the establishing such value ranges, the initial fade length values for sound fades and cross fade transitions are applied to each retrieved sound sample in the sound-stream, as shown at step 616. A fade length value represents the duration of an attenuating sound in a sound space for a one-shot sound. A cross-fade transition represents the duration of a sound transition from a first sound type to a second sound type. For example, the sound space may initially include the sound of an approaching train or trolley car near the location of an end user. Initially, the sound of the train may initially overtake the sound of a nearby barking dog. However, as the train passes the user's location, the sound of the barking dog is simulated as a constant sound would begin to overtake the sound of the train as the sound of the train acoustically passes farther away from the user's current or specified location. This acoustical phenomena is referred to as a cross fade transition since the sound of the oncoming train initially dominated the sound space but later the fades away as the sound of a nearby barking dog begins to transition into the acoustical forefront. During the sequencing process and the assigning of initial values for variables, a cue list of sound samples is monitored continuously so as to avoid repeat sounds in the sound file selection process during the compilation and creation of a soundstream. Active monitoring and file management is performed on the playback list of retrieved sound files to increase the unique qualities of a sound-stream for each user, as shown at step 618,” Johnston [0030]).
Claim 8: Johnston discloses the method of claim 1 further comprising driving the speaker with other audio content combined with the target sound sequence (see at least, “The input/output devices 222 are collectively provided for receiving user input specifying parameters for a sound-stream and for the streamed rendering of the sound-stream on designated output devices (e.g., speakers, headphones, etc.),” Johnston [0022], “The sound files matching the tags in the search request are retrieved from the sound databases, assembled into a sound sequence using the sound sequencer 308, and used in the sound mixer 310 to produce a sound-stream for streamed rendering to a client device,” Johnston [0024], “Representative examples of the content of such custom tagged files include user-created walking tours of neighborhoods at the geographic location, "sonic graffiti" of sound artists, or songs from an interactive musical album tagged to the location,” Johnston [0027], “A cross fade transition represents the duration of a sound transition from a first sound type to a second sound type,” Johnston [0030]).
Claim 9: Johnston discloses the method of claim 8 wherein the other audio content is from media playback, wherein adjusting the gain of the target sound sequence is based on detecting the media playback has started, and adjusting the gain comprises i) decreasing the gain in response to the media playback starting and ii) increasing the gain when the media playback stops (see at least, “A cross fade transition represents the duration of a sound transition from a first sound type to a second sound type. For example, the sound space may initially include the sound of an approaching train or trolley car near the location of an end user. Initially, the sound of the train may initially overtake the sound of a nearby barking dog. However, as the train passes the user's location, the sound of the barking dog is simulated as a constant sound would begin to overtake the sound of the train as the sound of the train acoustically passes farther away from the user's current or specified location. This acoustical phenomena is referred to as a cross fade transition since the sound of the oncoming train initially dominated the sound space but later the fades away as the sound of a nearby barking dog begins to transition into the acoustical forefront,” Johnston [0030]).
Claim 10: Johnston discloses the method of claim 9 wherein the media playback is from one of: a game application, a music application, a movie application, a podcast application, or a web browser (see at least, “Representative examples of the content of such custom tagged files include user-created walking tours of neighborhoods at the geographic location, "sonic graffiti" of sound artists, or songs from an interactive musical album tagged to the location,” Johnston [0027], “In response to the service request message, the application server will return a soundstream comprised of one or more sound files which are transmitted as multi-packet messages,” Johnston [0023]).
Claim 11: Johnston discloses the method of claim 9 wherein adjusting the gain of the target sound sequence comprises decreasing the gain but not muting the target sound sequence (see at least, “A cross fade transition represents the duration of a sound transition from a first sound type to a second sound type. For example, the sound space may initially include the sound of an approaching train or trolley car near the location of an end user. Initially, the sound of the train may initially overtake the sound of a nearby barking dog. However, as the train passes the user's location, the sound of the barking dog is simulated as a constant sound would begin to overtake the sound of the train as the sound of the train acoustically passes farther away from the user's current or specified location. This acoustical phenomena is referred to as a cross fade transition since the sound of the oncoming train initially dominated the sound space but later the fades away as the sound of a nearby barking dog begins to transition into the acoustical forefront,” Johnston [0030]).
Claim 15: Johnston discloses a method for playback of target sound (see at least, “The present disclosure relates generally to the field of computer data processing, and in particular but not exclusively, relates to a system and method for generating dynamic sound environments using user-specified temporal and geolocation information,” Johnston [0001]), the method comprising:
generating a target sound sequence in accordance with a user setting (see at least, “The display controller 214 is communicatively coupled to the display device 216 such as a monitor or display on which a graphical user interface of the browser 208 is provided for use by end-users in placing requests for soundstreams,” Johnston [0022], “FIG. 5 is an illustration of a method for receiving and processing sound samples in a dynamic sound generation system. In the illustrated embodiment the method commences with a receiving of data input as shown as step 502 where the data input can comprise one or more of the following data items: current location, atmospheric condition state, time, date, population and topographical features. A user interface system is provided to enable end users to submit sound requests from a variety of client devices for processing on an application server. End users can provide custom or user-specific preferences for data input such as atmospheric condition state (i.e., windy, stormy, sunny, etc.), time, date (e.g., historical dates), population size (e.g., desired population size, etc.), and topographical feature. In a preferred embodiment, a current location is determined from a user's GPS geographic coordinates as included in the data input comprising the sound request,” Johnston [0028]);
driving a speaker with the target sound sequence (see at least, “After processing and generation of a soundstream, the mixing engine will control the transmission of the processed sound-stream to a client device where the received sound-stream will be rendered (as shown at step 512) on one or more of the output devices designated by the end user on the client device,” Johnston [0029], “The input/output devices 222 are collectively provided for receiving user input specifying parameters for a sound-stream and for the streamed rendering of the sound-stream on designated output devices (e.g., speakers, headphones, etc.),” Johnston [0022]);
detecting an environment of a user or a user context; and modifying the target sound sequence based on the environment or the user context (see at least, “Once sequenced, one or more algorithmic processes are applied to each sound file to adjust the loudness, duration and pitch of sound sample in each sound file in an integrated sound-stream. The processing of sound samples, as shown at step 508, entails the application of one or more algorithms that adjust loudness for each sound file by applying a sound attenuation factor. One or more algorithms are also applied to determine an optimal a stereo pan position for a sound sample in a sonic palette,” Johnston [0029], “Upon commencement of the rendering of a sound-stream, an active process is initiated to continually monitor for additional user input, as shown at step 514. If updated user input is received, the process will re-commence (as shown at step 514) with a retrieval of sound samples from the sound databases, the sequencing of the sound samples, and the processing and mixing of those sound samples to render a sound-stream on a client device reflecting the updated selections made by a user. If no updated user input is received, the process will continue rendering a sound-stream until a termination request is received at which point the process ends, as shown at step 516,” Johnston [0029], “End users can provide custom or user-specific preferences for data input such as atmospheric condition state (i.e., windy, stormy, sunny, etc.), time, date (e.g., historical dates), population size (e.g., desired population size, etc.), and topographical feature. In a preferred embodiment, a current location is determined from a user's GPS geographic coordinates as included in the data input comprising the sound request,” Johnston [0028]).
Claim 16: Johnston discloses the method of claim 15 wherein modifying the target sound sequence is based on the user context, the user context being one of critical listening, running, or jogging, or transportation in a car or bus (see at least, “Lacking this ability to dynamically generate a unique sound environment for any location on the planet, many conventional systems simply increase fatigue in the listener due to the repetitive nature of the sound content and generally decrease the overall value of the sound experience. This phenomena is particularly acute as people struggle to regain control over their sonic space in their homes, cars and lives using static and "brute" force masking approaches involving the drowning out of noise with pre-recorded linear music and contemporary noise generators,” Johnston [0006], “Thus, there is a significant and growing need for a system and related methods for dynamic generation of geolocation specific sound environments that can enable users to gain access to a "soundscape" for any chosen location on the planet in a manner similar to the current ability to access visual information using systems like Google Maps,” Johnston [0007]).
Claim 17: Johnston discloses the method of claim 16 further comprising modifying the target sound sequence based on the environment, the environment being office, home, or public transport (see at least, “Lacking this ability to dynamically generate a unique sound environment for any location on the planet, many conventional systems simply increase fatigue in the listener due to the repetitive nature of the sound content and generally decrease the overall value of the sound experience. This phenomena is particularly acute as people struggle to regain control over their sonic space in their homes, cars and lives using static and "brute" force masking approaches involving the drowning out of noise with pre-recorded linear music and contemporary noise generators,” Johnston [0006], “Thus, there is a significant and growing need for a system and related methods for dynamic generation of geolocation specific sound environments that can enable users to gain access to a "soundscape" for any chosen location on the planet in a manner similar to the current ability to access visual information using systems like Google Maps,” Johnston [0007], “After the assembling of sound samples, a sound space is defined with an initial set of emitter locations determined from a series of tags defining the topographical features of a selected location, as shown at step 604. The emitter locations represent acoustic sound emitters in a physical space defined by location coordinates entered by a user or where an end user (or the user's client device) may be located based on available GPS data. Examples of physical structures serving as emitter locations in a sound space include rivers, buildings, passing trains, trolley cars, rock formations and other natural or manmade objects having certain acoustical properties. As discussed previously, the illustrated embodiment, the sound space is determined from the current location coordinates of a user's client device or a user-selected location,” Johnston [0030]).
Claim 18: Johnston discloses a method for dynamic playback of a target sound (see at least, “The present disclosure relates generally to the field of computer data processing, and in particular but not exclusively, relates to a system and method for generating dynamic sound environments using user-specified temporal and geolocation information,” Johnston [0001]), the method comprising:
generating a target sound sequence in accordance with a user setting (see at least, “The display controller 214 is communicatively coupled to the display device 216 such as a monitor or display on which a graphical user interface of the browser 208 is provided for use by end-users in placing requests for soundstreams,” Johnston [0022], “FIG. 5 is an illustration of a method for receiving and processing sound samples in a dynamic sound generation system. In the illustrated embodiment the method commences with a receiving of data input as shown as step 502 where the data input can comprise one or more of the following data items: current location, atmospheric condition state, time, date, population and topographical features. A user interface system is provided to enable end users to submit sound requests from a variety of client devices for processing on an application server. End users can provide custom or user-specific preferences for data input such as atmospheric condition state (i.e., windy, stormy, sunny, etc.), time, date (e.g., historical dates), population size (e.g., desired population size, etc.), and topographical feature. In a preferred embodiment, a current location is determined from a user's GPS geographic coordinates as included in the data input comprising the sound request,” Johnston [0028]);
driving a speaker with the target sound sequence (see at least, “After processing and generation of a soundstream, the mixing engine will control the transmission of the processed sound-stream to a client device where the received sound-stream will be rendered (as shown at step 512) on one or more of the output devices designated by the end user on the client device,” Johnston [0029], “The input/output devices 222 are collectively provided for receiving user input specifying parameters for a sound-stream and for the streamed rendering of the sound-stream on designated output devices (e.g., speakers, headphones, etc.),” Johnston [0022]); and
making automatic adjustments to the target sound sequence as a function of a time day or as a function of an ambient environment light level (see at least, “Once sequenced, one or more algorithmic processes are applied to each sound file to adjust the loudness, duration and pitch of sound sample in each sound file in an integrated sound-stream. The processing of sound samples, as shown at step 508, entails the application of one or more algorithms that adjust loudness for each sound file by applying a sound attenuation factor. One or more algorithms are also applied to determine an optimal a stereo pan position for a sound sample in a sonic palette,” Johnston [0029], “Upon commencement of the rendering of a sound-stream, an active process is initiated to continually monitor for additional user input, as shown at step 514. If updated user input is received, the process will re-commence (as shown at step 514) with a retrieval of sound samples from the sound databases, the sequencing of the sound samples, and the processing and mixing of those sound samples to render a sound-stream on a client device reflecting the updated selections made by a user. If no updated user input is received, the process will continue rendering a sound-stream until a termination request is received at which point the process ends, as shown at step 516,” Johnston [0029], “End users can provide custom or user-specific preferences for data input such as atmospheric condition state (i.e., windy, stormy, sunny, etc.), time, date (e.g., historical dates), population size (e.g., desired population size, etc.), and topographical feature. In a preferred embodiment, a current location is determined from a user's GPS geographic coordinates as included in the data input comprising the sound request,” Johnston [0028], “The network communication interface 322 receives service requests in real-time as the location of the user's client device changes geographic location or as an end-user updates or adjusts the variable inputs for specific sound-streams (e.g., changes in weather, date, population and/or topographical features). The sound mixer 310 sends a control message to the input/output controller 320 to initiate the transmission of sound-streams from output queues 307 in the program memory 305,” [0025], “time changes,” [0007], “Time of Day,” FIG. 5).
Claim 20: Johnston discloses the method of claim 18 wherein generating the target sound sequence comprises: accessing a sound file that comprises a plurality of bins, each bin storing a plurality of audio sections being recorded nature sounds; randomly selecting a plurality of selected audio sections from the plurality of bins and mixing the plurality of selected audio sections while cross fading to form the target sound sequence (see at least, “Thus, there is also a pressing need for a solution that can preserve the recording quality of resources such as nature CDs and sound effects libraries with a capability to generate sound for any given location at any given time designated by a user using a dynamic, procedural approach so that the audio content produced is not only unique but consistently appealing and varied,” Johnston [0007], “Once the sound files have been sequenced and associated sound samples processed, a mixing process (as shown at step 510) will be applied that retrieves the sound samples and orders them in the sonic palette according to their sound type using a sound layering process. The sonic palette includes different sound types in the layering process. A first sound type consists of looping sound elements and a second sound type consists of one-shot sound elements. In processing the sound samples, the mixing engine creates a soundstream comprised of a composite mix of looping sound elements which form the background ambience environment and one-shot sound elements which are randomly distributed within the sonic palette to produce a sound-stream that simulates a sound environment as it does or might exist in the geographic location designed by a user or read from a user's client device,” Johnston [0029], “After the establishing such value ranges, the initial fade length values for sound fades and cross fade transitions are applied to each retrieved sound sample in the sound-stream, as shown at step 616. A fade length value represents the duration of an attenuating sound in a sound space for a one-shot sound. A cross fade transition represents the duration of a sound transition from a first sound type to a second sound type. For example, the sound space may initially include the sound of an approaching train or trolley car near the location of an end user. Initially, the sound of the train may initially overtake the sound of a nearby barking dog. However, as the train passes the user's location, the sound of the barking dog is simulated as a constant sound would begin to overtake the sound of the train as the sound of the train acoustically passes farther away from the user's current or specified location. This acoustical phenomena is referred to as a cross fade transition since the sound of the oncoming train initially dominated the sound space but later the fades away as the sound of a nearby barking dog begins to transition into the acoustical forefront. During the sequencing process and the assigning of initial values for variables, a cue list of sound samples is monitored continuously so as to avoid repeat sounds in the sound file selection process during the compilation and creation of a soundstream.
Active monitoring and file management is performed on the playback list of retrieved sound files to increase the unique qualities of a sound-stream for each user, as shown at step 618,” Johnston [0030]).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnston in view of Sherburne et al. (US 2019/0246234 A1), hereinafter Sherburne.
Claim 12: Johnston discloses the method of claim 8 wherein but does not disclose the other audio content is from a phone call, wherein adjusting the gain of the target sound sequence is based on detecting the phone call has started, and adjusting the gain comprises i) decreasing the gain or muting the target sound sequence in response to the phone call starting, and ii) increasing the gain or un-muting the target sound sequence when the phone call ends. However, Sherburne discloses a similar
system for distraction avoidance via soundscaping and headset coordination. Sherburne further discloses the other audio content is from a phone call, wherein adjusting the gain of the target sound sequence is based on detecting the phone call has started, and adjusting the gain comprises i) decreasing the gain or muting the target sound sequence in response to the phone call starting, and ii) increasing the gain or un-muting the target sound sequence when the phone call ends (see at least, “Also in embodiments described, messages or other communications from the host device can be processed to cause the playing of the audio sample to pause and resume. Also, in embodiments described, the host device can include a telephone, and the logic causing playing of the audio samples in coordination with soundscape environment can cause the playing of the audio sample to pause and resume in response to messages from the host device related to an active call on the telephone,” Sherburne [0047]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned features of Sherburne in the invention of Johnston thereby avoiding the distraction of having “to transition between music and telephone calls, and back to music,” Sherburne [0005].
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnston in view of Gaboury et al (US 2014/0361904 A1), hereinafter Gaboury.
Claim 19: Johnston discloses the method of claim 18 but does not disclose wherein making automatic adjustments comprises adjusting the target sound sequence to produce brighter sound in morning or during daylight, than in evening or at nighttime. However, Gaboury discloses in regards to sound playback also based on a function of the time of day, “The volume of the sound produced may be a function of the time of day. For instance, the control unit 115 may command a louder sound from the audible device 120 during the daytime and a quieter sound at night,” Gaboury [0023]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the aforementioned feature of Gaboury in the invention of Johnston thereby allowing for the advantage of appropriate volume adjustments based on the time of day.
Allowable Subject Matter
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/JOSEPH SAUNDERS JR/Primary Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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