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 .
Response to Arguments
Applicant’s arguments filed 12/22/2025 with respect to claim(s) 1, 3-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
The following is a statement of reasons for the indication of allowable subject matter: DePoortere in view of Takahashi et al disclose a sound signal processing method comprising: adjusting a signal level of a second sound signal corresponding to a second content according to a signal level of a specific frequency band in a first sound signal corresponding to a first content, the second sound signal including a component of the specific frequency band; and superimposing and outputting the first sound signal and the second sound signal adjusted; but do not expressly disclose wherein in the adjusting, when the signal level of the specific frequency band in the first sound signal is higher than a threshold, the signal level of the second sound signal is increased by a predetermined ratio to the signal level of the specific frequency band in the first sound signal, and when the signal level of the first sound signal is lower than or equal to the threshold, the signal level of the second sound signal is set to a predetermined signal level; wherein the biological information indicates a pNN50 value that is a percentage of heartbeats in which a difference between consecutive adjacent RR intervals exceeds 50 milliseconds (ms), but do not expressly disclose the limitation “wherein in the adjusting, a signal level of the second sound signal is reduced when the pNN50 value is smaller than another pNN50 value immediately prior to the pNN50 value.”
None of the prior art of record disclose in their entirety or in combination the claimed limitation “wherein in the adjusting, a signal level of the second sound signal is reduced when the pNN50 value is smaller than another pNN50 value immediately prior to the pNN50 value.”
Therefore, the prior art of record cannot anticipate Applicant's claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
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) 1, 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over DePoortere (US 2009/0316912 A1) in view of Takahashi et al (US 2014/0219478 A1).
Regarding claim 1, DePootere discloses a sound signal processing method comprising: adjusting a signal level of a second sound signal corresponding to a second content according to a signal level of a specific frequency band in a first sound signal corresponding to a first content (DePoortere; Fig 5; Para [0019][0030][0098]; adjust signal level of signal 104 corresponding to a content 501 in band filtered by filter 503; audio source 501 interpreted as first sound signal; audio source 103 interpreted as second sound signal; adapt amplitude of the second signal-oscillation signal- in dependence of a detected amplitude value of the audio input signal interpreted as first audio signals), the second sound signal including a component of the specific frequency band (DePoortere; Fig 5; Para [0098]; filter 503 filtered component of specific band); and superimposing and outputting the first sound signal and the second sound signal adjusted (DePoortere; Fig 5; Para [0098]; mixer 506 superimposes output of first sound signal 502 and second signal adjusted 505); but do not expressly disclose wherein in the adjusting, when the signal level of the specific frequency band in the first sound signal is higher than a threshold, the signal level of the second sound signal is increased by a predetermined ratio to the signal level of the specific frequency band in the first sound signal, and when the signal level of the first sound signal is lower than or equal to the threshold, the signal level of the second sound signal is set to a predetermined signal level. However, in the same field of endeavor, Takahashi et al disclose a method wherein in the adjusting, when the signal level of the specific frequency band in the first sound signal is higher than a threshold (Takahashi et al; Para [0063][0108]; sound presence detection based on peak comparison to threshold to adjust signal level of signal A based on amplitude adjustment unit 31a of signal level of audio signal B), the signal level of the second sound signal is increased by a predetermined ratio to the signal level of the specific frequency band in the first sound signal (Takahashi et al; Para [0063][0068][0108][0072]; adjust signal level of signal A based on amplitude adjustment unit 31a of signal level of audio signal B by a coefficient when peak larger than threshold Q=1) and when the signal level of the first sound signal is lower than or equal to the threshold (Takahashi et al; Para [0108]; Q=0 is signal level of signal B lower than threshold), the signal level of the second sound signal is set to a predetermined signal level (Takahashi et al; Para [0073]; maintain level of signal A and signal B for mixing when signal B lower than threshold; maintaining the level is interpreted as set to a predetermined signal level of gain=1). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the mixing control taught by Takahashi as mixing control in the method taught by DePoorteres. The motivation to do so would have been to improve the degree of clearness of the sound source to be listened (Takahashi et al; Para [0013]).
Regarding claim 10, DePoortere discloses a non-transitory computer-readable recording medium having recorded thereon a program for causing a computer to execute the sound signal processing method (DePoortere; Fig 5; Para [0019]) but do not expressly disclose according to claim 1 (DePoortere in view of Takahashi et al disclose claim 1). However, in the same field of endeavor, DePoortere in view of Takahashi et al disclose claim 1. It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the method taught by DePoortere in view of Takahashi et al as audio output gain control in the method taught by DePoorteres. The motivation to do so would have been to improve the user’s experience.
Regarding claim 11, DePoortere discloses a sound signal processing device comprising: a processor (DePoortere; Para [0019]); and memory(DePoortere; Para [0019]), wherein using the memory, the processor (DePoortere; Para [0019]): adjusts a signal level of a second sound signal corresponding to a second content according to a signal level of a specific frequency band in a first sound signal corresponding to a first content (DePoortere; Para [0019][0030]; Fig 5; audio source 501 interpreted as first sound signal; audio source 103 interpreted as second sound signal; adapt amplitude of the second signal-oscillation signal- in dependence of a detected amplitude value of the audio input signal interpreted as first audio signals), the second sound signal including a component of the specific frequency band (DePoortere; Fig 5; Para [0098]; filter 503 filtered component of specific band); and superimposes and outputs the first sound signal and the second sound signal adjusted (DePoortere; Fig 5; Para [0098]; mixer 506 superimposes output of first sound signal 502 and second signal adjusted 505); but do not expressly disclose wherein in the adjusting, when the signal level of the specific frequency band in the first sound signal is higher than a threshold, the signal level of the second sound signal is increased by a predetermined ratio to the signal level of the specific frequency band in the first sound signal, and when the signal level of the first sound signal is lower than or equal to the threshold, the signal level of the second sound signal is set to a predetermined signal level. However, in the same field of endeavor, Takahashi et al disclose a method wherein in the adjusting, when the signal level of the specific frequency band in the first sound signal is higher than a threshold (Takahashi et al; Para [0063][0108]; sound presence detection based on peak comparison to threshold to adjust signal level of signal A based on amplitude adjustment unit 31a of signal level of audio signal B), the signal level of the second sound signal is increased by a predetermined ratio to the signal level of the specific frequency band in the first sound signal (Takahashi et al; Para [0063] [0068] [0108] [0072]; adjust signal level of signal A based on amplitude adjustment unit 31a of signal level of audio signal B by a coefficient when peak larger than threshold Q=1) and when the signal level of the first sound signal is lower than or equal to the threshold (Takahashi et al; Para [0108]; Q=0 is signal level of signal B lower than threshold), the signal level of the second sound signal is set to a predetermined signal level (Takahashi et al; Para [0073]; maintain level of signal A and signal B for mixing when signal B lower than threshold; maintaining the level is interpreted as set to a predetermined signal level of gain=1). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the mixing control taught by Takahashi as mixing control in the method taught by DePoorteres. The motivation to do so would have been to improve the degree of clearness of the sound source to be listened (Takahashi et al; Para [0013]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over DePoortere (US 2009/0316912 A1) in view of Takahashi et al (US 2014/0219478 A1) and further in view of Carpentier (US 2017/0359670 A1).
Regarding claim 3, DePoortere in view of Takahashi et al disclose the sound signal processing method according to claim 1, but do not expressly disclose wherein the first content includes a plurality of sound contents that are different from each other, and the sound signal processing method further comprises correcting a plurality of first sound signals corresponding to the plurality of sound contents to reduce a phase difference in the specific frequency band among the plurality of first sound signals, each of the plurality of first sound signals being the first sound signal. However, in the same field of endeavor, Carpentier disclose a method wherein the first content includes a plurality of sound contents that are different from each other (Carpentier; Para [0026]-[0030]; stereo audio content interpreted as first content including a plurality of sound content), and the sound signal processing method further comprises correcting a plurality of first sound signals corresponding to the plurality of sound contents to reduce a phase difference in the specific frequency band among the plurality of first sound signals, each of the plurality of first sound signals being the first sound signal (Carpentier; Para [0120]; correcting phase difference of the stereo audio content interpreted as first content including a plurality of sound content). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio gain control taught by Carpentier as audio output gain control in the method taught by DePoorteres. The motivation to do so would have been to provide an excellent result (Carpentier; Para [0026]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over DePoortere (US 2009/0316912 A1) in view of Takahashi et al (US 2014/0219478 A1) and further in view of in view of Kawahara et al (JP 2016-001774A).
Regarding claim 4, DePoortere in view of Takahashi et al disclose the sound signal processing method according to claim 1, but do not expressly disclose further comprising: obtaining an environmental sound signal based on an environmental sound; and generating the second content to cause a component of the specific frequency band in the environmental sound signal to be the second sound signal. However, in the same field of endeavor, Kawahara et al disclose a method further comprising: obtaining an environmental sound signal based on an environmental sound (Kawahara et al; Para [0014]-[0016]; obtaining ambient noise interpreted as environmental sound); and generating the second content to cause a component of the specific frequency band in the environmental sound signal to be the second sound signal (Kawahara et al; Para [0017]; [0037]; [0040]; additional audio signals). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio gain control taught by Kawahara as audio output gain control in the method taught by DePoorteres. The motivation to do so would have been to reduce discomfort to the user (Kawahara et al; Para [0020]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over DePoortere (US 2009/0316912 A1) in view of Takahashi et al (US 2014/0219478 A1) and further in view of in view of Daido et al (US 2018/0211644 A1).
Regarding claim 6, DePoortere in view of Takahashi et al disclose the sound signal processing method according to claim 1, but do not expressly disclose wherein in the adjusting, a signal level of a frequency band of an overtone of the specific frequency band is further controlled to increase. However, in the same field of endeavor, Daido et al disclose a method wherein in the adjusting, a signal level of a frequency band of an overtone of the specific frequency band is further controlled to increase (Daido et al; Para [0027][0031]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio gain control taught by Daido as audio output gain control in the method taught by DePoorteres. The motivation to do so would have been to yield a desired impression (Daido et al; Para [0002]).
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over DePoortere (US 2009/0316912 A1) in view of Takahashi et al (US 2014/0219478 A1) and further in view of in view of Ishihara et al (US 2018/0232197 A1).
Regarding claim 7, DePoortere in view of Takahashi et al disclose the sound signal processing method according to claim 1, but do not expressly disclose further comprising: obtaining control information indicating the signal level of the specific frequency band, wherein in the adjusting, the signal level of the specific frequency band is controlled based on the control information. However, in the same field of endeavor, Ishihara et al disclose a method further comprising: obtaining control information indicating the signal level of the specific frequency band (Ishihara et al; Para [0041]), wherein in the adjusting, the signal level of the specific frequency band is controlled based on the control information (Ishihara et al; Para [0042]-[0043]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio gain control taught by Ishihara as audio output gain control in the method taught by DePoorteres. The motivation to do so would have been to improve a quality of sleep (Ishihara et al; Para [0021]).
Regarding claim 8, DePoortere in view of Takahashi et al disclose the sound signal processing method according to claim 1, but do not expressly disclose further comprising: obtaining biological information of a user, wherein in the adjusting, the signal level of the specific frequency band is controlled based on the biological information. However, in the same field of endeavor, Ishihara et al disclose a method further comprising: obtaining biological information of a user (Ishihara et al; Para [0051]; sleep indicator interpreted as biological information), wherein in the adjusting, the signal level of the specific frequency band is controlled based on the biological information (Ishihara et al; Para [0051]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio gain control taught by Ishihara as audio output gain control in the method taught by DePoorteres. The motivation to do so would have been to improve a quality of sleep (Ishihara et al; Para [0021]).
Regarding claim 9, DePoortere in view of Takahashi et al disclose the sound signal processing method according to claim 1, but do not expressly disclose further comprising: obtaining an output sound signal based on an output sound output in the outputting; and controlling the signal level of the specific frequency band based on the output sound signal. However, in the same field of endeavor, Ishihara et al disclose a method further comprising: obtaining an output sound signal based on an output sound output in the outputting (Ishihara et al; Para [0049]; playback sound signal P1 interpreted as output sound signal); and controlling the signal level of the specific frequency band based on the output sound signal (Ishihara et al; Para [0049]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio gain control taught by Ishihara as audio output gain control in the method taught by DePoorteres. The motivation to do so would have been to improve a quality of sleep (Ishihara et al; Para [0021]).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over DePoortere (US 2009/0316912 A1) in view of Takahashi et al (US 2014/0219478 A1) and further in view of in view of Ishihara et al (US 2018/0232197 A1) and further in view of Chatham et al (US 2023/0081751 A1)
Regarding claim 13, DePoortere in view of Takahashi et al and further in view of Ishihara et al disclose the sound signal processing method according to claim 8, but do not expressly disclose wherein the biological information indicates a pNN50 value that is a percentage of heartbeats in which a difference between consecutive adjacent RR intervals exceeds 50 milliseconds (ms). However, in the same field of endeavor, Chatham et al disclose a method wherein the first content includes a plurality of sound contents that are different from each other (Chatham et al; Para [0039];[0048]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the biological information taught by Chatham et al as biological information in the method taught by DePoorteres in view of Takahashi et al and further in view of Ishihara. The motivation to do so would have been for determining accuracy of heart rate variability (Chatham et al; Para [0014]).
Claim(s) 5, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khalil (US 2023/0001127 A1) in view of Carpentier (US 2017/0359670 A1) and further in view of Xiang et al (US 2007/0286426 A1).
Regarding claim 5, Khalil disclose a sound signal processing method comprising: adjusting, to increase, a signal level of a specific frequency band of each of a plurality of first sound signals (Khalil; Para [0034]-[0036]) in a first content including a plurality of sound contents that are different from each other, the plurality of first sound signals corresponding to the plurality of sound contents (Khalil; Para [0033]; multichannel audio input); and outputting the plurality of first sound signals corrected (Khalil; Para [0037]-[0038]); but do not expressly disclose correcting each of the plurality of first sound signals adjusted to reduce a phase difference in the specific frequency band among the plurality of first sound signals adjusted, the plurality of first sound signals adjusted corresponding to the plurality of sound contents; and outputting via mutually different speakers, a plurality of sounds based on the plurality of first sound signals corrected. However, in the same field of endeavor, Carpentier discloses a method correcting each of the plurality of first sound signals adjusted to reduce a phase difference in the specific frequency band among the plurality of first sound signals adjusted (Carpentier; Para [0120]; correcting phase difference of the stereo audio content interpreted as first content including a plurality of sound content), the plurality of first sound signals adjusted corresponding to the plurality of sound contents (Carpentier; Para [0026]-[0030]; stereo audio content interpreted as first content including a plurality of sound content). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio gain control taught by Carpentier as audio output gain control in the method taught by Khalil. The motivation to do so would have been to provide an excellent result (Carpentier; Para [0026]). Moreover, in the same field of endeavor, Xiang et al disclose a method comprising outputting via mutually different speakers, a plurality of sounds based on the plurality of first sound signals corrected (Xiang et al; Fig 2; MixL and MixR are outputted via different speakers; Para [0050][0064]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio outputting taught by Xiang as audio outputting in the method taught by Khalil. The motivation to do so would have been to enhance sound quality of the output signals (Xiang et al; Para [0006]).
Regarding claim 12, Khalil disclose a sound signal processing device comprising: a processor (Khalil; Fig 8; processor 802); and memory (Khalil; Fig 8; memory 804), wherein using the memory, the processor (Khalil; Para [0086]); adjusts, to increase, a signal level of a specific frequency band of each of a plurality of first sound signals (Khalil; Para [0034]-[0036]) in a first content including a plurality of sound contents that are different from each other, the plurality of first sound signals corresponding to the plurality of sound contents (Khalil; Para [0033]; multichannel audio input; and outputs the plurality of first sound signals corrected (Khalil; Para [0037]-[0038]); but do not expressly disclose corrects each of the plurality of first sound signals adjusted to reduce a phase difference of the specific frequency band among the plurality of first sound signals adjusted, the plurality of first sound signals adjusted corresponding to the plurality of sound contents; and outputs via mutually different speakers, a plurality of sounds based on the plurality of first sound signals corrected. However, in the same field of endeavor, Carpentier discloses a method correcting each of the plurality of first sound signals adjusted to reduce a phase difference in the specific frequency band among the plurality of first sound signals adjusted (Carpentier; Para [0120]; correcting phase difference of the stereo audio content interpreted as first content including a plurality of sound content), the plurality of first sound signals adjusted corresponding to the plurality of sound contents (Carpentier; Para [0026]-[0030]; stereo audio content interpreted as first content including a plurality of sound content). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio gain control taught by Carpentier as audio output gain control in the method taught by Khalil. The motivation to do so would have been to provide an excellent result (Carpentier; Para [0026]). Moreover, in the same field of endeavor, Xiang et al disclose a method comprising outputting via mutually different speakers, a plurality of sounds based on the plurality of first sound signals corrected (Xiang et al; Fig 2; MixL and MixR are outputted via different speakers; Para [0050][0064]). It would have been obvious to one of the ordinary skills in the art before the effective filing date of the application to use the audio outputting taught by Xiang as audio outputting in the method taught by Khalil. The motivation to do so would have been to enhance sound quality of the output signals (Xiang et al; Para [0006]).
Conclusion
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/KUASSI A GANMAVO/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692
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