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 Amendment
In response to the non-final office action dated 06/11/2025, applicant has amended claims 1-9. New claims 10-20 have been added. Claims 1-20 are currently pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 8 and 15 recite the limitation "the selected audio" in claim 1 line 6, claim 8 line 5 and claim 15 line 11. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-7, 9-14 and 16-20 are also rejected under 112(b) due to their dependency on the above rejected independent claims.
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) 1-3, 5-10, 12-17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dzierzek et al (US Pub No. 20240055024, hereinafter Dzierzek).
Regarding claim 1, Dzierzek teaches a method (Fig 1, method 100) for providing an audio mixing interface (Fig 7, User Interface 700) using multiple audio stems (Fig 7, selectable audio stems) comprising: selecting, via a processor, a first stem item among one or more stems for at least one audio version pre-stored (Fig 2, asset selection after step 210) for the selected audio when audio to be mixed is selected by a user (Fig 2, musician selects template 220); selecting, via the processor, one or more stem items similar to the first stem item (Fig 4, tweak, vary, or randomize), based on an embedding vector of the first stem item and embedding vectors of the one or more stem items pre-stored for the selected audio (¶ [0098], arrangement may be grouped based on various weights which can be automatically deduced using Music Instrument Digital Interface (MIDI) or Music Information Retrieval (MRI) which uses vectors to represent music as numerical data); generating, via the processor, a first session audio by combining audio information on the first stem item and audio information on the selected one or more stem items (Fig 8, first audio information and selected audio stems (at bottom) combined after selecting apply) and transmitting, via a communication module, the audio information on the first stem item, the audio information on the selected one or more stem items, and information on the first session audio to a user device (Fig 1 & ¶ [0054-0055], arrangement info 175 and audio 165 sent to plug-in interface 160 which then transmits to end user 180), wherein the user device is configured to generate and display the audio mixing interface based on the received information (Fig 7, User Interface 700 with audio stem options), and wherein the audio mixing interface comprises: an audio block screen in which audio blocks respectively corresponding to the first stem item and the selected one or more stem items are visually arranged by stem (Fig 8, stem items visually arranged by stem); and a session block screen in which a block corresponding to the first session audio is displayed (Fig 4, initial session screen).
Regarding claim 2, Dzierzek teaches the method of claim 1, further comprising: when at least one audio block among the audio blocks displayed on the audio block screen is selected by the user, loading, via the processor, audio information on another audio version of at least one stem item corresponding to the audio block selected by the user (Fig 1, variation request 170 prompts variation engine 130 to provide additional arrangements for a selected asset); and transmitting, via the communication module, the audio information on the other audio version to the user device, wherein an audio block corresponding to the other audio version of the stem item is displayed on the audio block screen (Fig 1, arrangements 145 sent to end users 180 through plug-in interface 160).
Regarding claim 3, Dzierzek teaches the method of claim 2 wherein the at least one audio block displayed on the audio blocks screen is visually arranged by audio version (Fig 8, audio stems arranged by type).
Regarding claim 5, Dzierzek teaches the method of claim 1, further comprising: selecting, via the processor, one or more stem items for a second session audio (Fig 3, variation request “Switch” 355), based on embedding vectors of the one or more stem items included in the first session audio and embedding vectors of the one or more stem items pre-stored for the selected audio (¶ [0098], arrangement may be grouped based on various weights which can be automatically deduced using Music Instrument Digital Interface (MIDI) or Music Information Retrieval (MRI) which uses vectors to represent music as numerical data); generating, via the processor, the second session audio by combining audio information on the one or more stem items selected for the second session audio (Fig 8, second audio information and selected audio stems (at bottom) combined after selecting apply); and transmitting, via the communication module, the audio information on the one or more stem items for the second session audio and information on the second session audio to the user device (Fig 1 & ¶ [0054-0055], arrangement info 175 and audio 165 sent to plug-in interface 160 which then transmits to end user 180), wherein audio blocks respectively corresponding to the one or more stem items for the second session audio are displayed on the audio block screen (Fig 7, User Interface 700 with audio stem options), and wherein a block corresponding to the first session audio and a block corresponding to the second session audio are displayed along a time axis on the session block screen (Fig 5, multiple arrangements displayed with time axis).
Regarding claim 6, Dzierzek teaches the method of: The method of claim 5, wherein the block corresponding to the first session audio and the block corresponding to the second session audio are displayed in equal regions along the time axis on the session block screen (Fig 5, multiple arrangements displayed in equal regions.
Regarding claim 7, Dzierzek teaches the method of claim 1, wherein the one or more stem items include at least one of a Rhythm stem, a Bass stem, a Mid stem, a High stem, an FX stem, and a Melody stem of the audio (See Dzierzek Figs 8 & 9, rhythm, bass, medium, high, SFX, and melody stem options).
Regarding claim 8, Dzierzek teaches a server (Fig 1, asset management platform 110) for providing an audio mixing interface (Fig 7, User Interface 700) using multiple audio stems (Fig 7, selectable audio stems), comprising: a processor configured to, when audio to be mixed is selected by a user (Fig 2, musician selects template 220): select a first stem item among one or more stems for at least one audio version pre-stored for the selected audio (Fig 2, asset selection after step 210); select one or more stem items similar to the first stem item (Fig 4, tweak, vary, or randomize), based on an embedding vector of the first stem item and embedding vectors of the one or more stem items pre-stored for the selected audio (¶ [0098], arrangement may be grouped based on various weights which can be automatically deduced using Music Instrument Digital Interface (MIDI) or Music Information Retrieval (MRI) which uses vectors to represent music as numerical data); and generate a first session audio by combining audio information on the first stem item and audio information on the selected one or more stem items (Fig 8, first audio information and selected audio stems (at bottom) combined after selecting apply); and a communication module configured to transmit the audio information on the first stem item, the audio information on the selected one or more stem items, and information on the first session audio to a user device (Fig 1 & ¶ [0054-0055], arrangement info 175 and audio 165 sent to plug-in interface 160 which then transmits to end user 180), wherein the user device is configured to generate and display the audio mixing interface based on the received information (Fig 7, User Interface 700 with audio stem options), and wherein the audio mixing interface comprises: an audio block screen in which audio blocks respectively corresponding to the first stem item and the selected one or more stem items are visually arranged by stem (Fig 8, stem items visually arranged by stem); and a session block screen in which a block corresponding to the first session audio is displayed (Fig 4, initial session screen).
Regarding claim 9, Dzierzek teaches the server of claim 8, wherein the processor is further configured to, when at least one audio block among the audio blocks displayed on the audio block screen is selected by the user, load audio information on another audio version of at least one stem item corresponding to the audio block selected by the user (Fig 1, variation request 170 prompts variation engine 130 to provide additional arrangements for a selected asset), and wherein the communication module is further configured to transmit the audio information on the other audio version to the user device, wherein an audio block corresponding to the other audio version of the stem item is displayed on the audio block screen (Fig 1, arrangements 145 sent to end users 180 through plug-in interface 160).
Regarding claim 10, Dzierzek teaches the server of 9: wherein the at least one audio block displayed on the audio block screen is visually arranged by audio version (Fig 8, audio stems arranged by type).
Regarding claim 12, Dzierzek teaches the server of claim 8, wherein the processor is further configured to: select one or more stem items for a second session audio (Fig 3, variation request “Switch” 355), based on embedding vectors of the one or more stem items included in the first session audio and embedding vectors of the one or more stem items pre-stored for the selected audio (¶ [0098], arrangement may be grouped based on various weights which can be automatically deduced using Music Instrument Digital Interface (MIDI) or Music Information Retrieval (MRI) which uses vectors to represent music as numerical data); and generate the second session audio by combining audio information on the one or more stem items selected for the second session audio (Fig 8, second audio information and selected audio stems (at bottom) combined after selecting apply), and wherein the communication module is further configured to transmit the audio information on the one or more stem items for the second session audio and information on the second session audio to the user device (Fig 1 & ¶ [0054-0055], arrangement info 175 and audio 165 sent to plug-in interface 160 which then transmits to end user 180), wherein audio blocks respectively corresponding to the one or more stem items for the second session audio are displayed on the audio block screen (Fig 7, User Interface 700 with audio stem options), and wherein a block corresponding to the first session audio and a block corresponding to the second session audio are displayed along a time axis on the session block screen (Fig 5, multiple arrangements displayed with time axis).
Regarding claim 13, Dzierzek teaches the server of claim 12, wherein the block corresponding to the first session audio and the block corresponding to the second session audio are displayed in equal regions along the time axis on the session block screen (Fig 5, multiple arrangements displayed in equal regions).
Regarding claim 14, Dzierzek teaches the server of claim 8, wherein the one or more stem items include at least one of a Rhythm stem, a Bass stem, a Mid stem, a High stem, an FX stem, and a Melody stem of the audio (See Dzierzek Figs 8 & 9, rhythm, bass, medium, high, SFX, and melody stem options).
Regarding claim 15, Dzierzek teaches a user device (¶ [0055], each end user 180 may have their own user device) for providing an audio mixing interface (Fig 7, User Interface 700) using multiple audio stems (Fig 7, selectable audio stems), comprising: a communication module configured to receive, from a server, audio information on a first stem item, audio information on one or more stem items similar to the first stem item, and information on a first session audio (Fig 1 & ¶ [0054-0055], arrangement info 175 and audio 165 sent to plug-in interface 160 which then transmits to end user 180); an audio mixing screen generation module configured to generate the audio mixing interface based on the received information (Fig 7, User Interface 700 with audio stem options); and a display configured to display the audio mixing interface (Fig 7, User Interface 700 with audio stem options), wherein the received information is provided by a processor of the server by: selecting the first stem item among one or more stems for at least one audio version pre-stored (Fig 2, asset selection after step 210) for the selected audio when audio to be mixed is selected by a user via the display (Fig 2, musician selects template 220); selecting the one or more stem items similar to the first stem item based on an embedding vector of the first stem item (Fig 4, tweak, vary, or randomize) and embedding vectors of the one or more stem items pre-stored for the selected audio; and generating the first session audio by combining audio information on the first stem item and audio information on the selected one or more stem items (¶ [0098], arrangement may be grouped based on various weights which can be automatically deduced using Music Instrument Digital Interface (MIDI) or Music Information Retrieval (MRI) which uses vectors to represent music as numerical data), and wherein the audio mixing interface comprises: an audio block screen in which audio blocks respectively corresponding to the first stem item and the selected one or more stem items are visually arranged by stem (Fig 8, stem items visually arranged by stem); and a session block screen in which a block corresponding to the first session audio is displayed (Fig 4, initial session screen).
Regarding claim 16, Dzierzek teaches the user device of claim 15, wherein the communication module is configured to, when at least one audio block displayed on the audio block screen is selected by the user via the display, transmit a request to the server to load audio information on another audio version of at least one stem item corresponding to the audio block selected by the user (Fig 1, variation request 170 prompts variation engine 130 to provide additional arrangements for a selected asset), wherein the communication module is further configured to receive, from the server, the audio information on the other audio version, and wherein an audio block corresponding to the other audio version of the stem item is displayed on the audio block screen (Fig 1, arrangements 145 sent to end users 180 through plug-in interface 160).
Regarding claim 17, Dzierzek teaches the user device of claim 16, wherein the at least one audio block displayed on the audio block screen is visually arranged by audio version (Fig 8, audio stems arranged by type).
Regarding claim 19, Dzierzek teaches the user device of claim 15, wherein the communication module is configured to receive, from the server, audio information on one or more stem items for a second session audio and information on the second session audio (Fig 3, variation request “Switch” 355), wherein the audio information on the one or more stem items for the second session audio and the information on the second session audio are provided by the processor of the server by: selecting the one or more stem items for the second session audio based on embedding vectors of the one or more stem items included in the first session audio and embedding vectors of the one or more stem items pre-stored for the selected audio (¶ [0098], arrangement may be grouped based on various weights which can be automatically deduced using Music Instrument Digital Interface (MIDI) or Music Information Retrieval (MRI) which uses vectors to represent music as numerical data); and generating the second session audio by combining the audio information on the one or more stem items selected for the second session audio (Fig 8, second audio information and selected audio stems (at bottom) combined after selecting apply), wherein audio blocks respectively corresponding to the one or more stem items for the second session audio are displayed on the audio block screen (Fig 7, User Interface 700 with audio stem options), and wherein a block corresponding to the first session audio and a block corresponding to the second session audio are displayed along a time axis on the session block screen (Fig 5, multiple arrangements displayed with time axis).
Regarding claim 20, Dzierzek teaches the user device of claim 19, wherein the block corresponding to the first session audio and the block corresponding to the second session audio are displayed in equal regions along the time axis on the session block screen (Fig 5, multiple arrangements displayed in equal regions).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 4, 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dzierzek et al (US Pub No. 20240055024, hereinafter Dzierzek) as applied to claims above, and further in view of Homburg et al (US Pub No. 20110016425, hereinafter Homburg).
Regarding claim 4, Dzierzek teaches the method of claim 1.
Dzierzek does not explicitly teach the shade of a selected block changing when selected.
Homburg teaches the shade of a selected block changing when selected (See Homburg Fig 8, selected options are highlighted with a different shade).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the selection method taught by Homburg with the audio mixing method taught by Dzierzek. Highlighting a selected option on a user interface is well known in the art and serves several purposes including visual feedback for the user and intuitive interaction.
Regarding claim 11, Dzierzek teaches the server of claim 8 wherein,
Dzierzek does not explicitly teach the shade of a selected block changing when selected.
Homburg teaches the shade of a selected block changing when selected (See Homburg Fig 8, selected options are highlighted with a different shade).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the selection method taught by Homburg with the audio mixing server taught by Dzierzek. Highlighting a selected option on a user interface is well known in the art and serves several purposes including visual feedback for the user and intuitive interaction.
Regarding claim 18, Dzierzek teaches the user device of claim 15.
Dzierzek does not explicitly teach the shade of a selected block changing when selected.
Homburg teaches the shade of a selected block changing when selected (See Homburg Fig 8, selected options are highlighted with a different shade).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the selection method taught by Homburg with the audio mixing user device taught by Dzierzek. Highlighting a selected option on a user interface is well known in the art and serves several purposes including visual feedback for the user and intuitive interaction.
Response to Arguments
Applicant’s arguments, see page 11 claim objections, filed 09/11/2025, with respect to claims 1-9 have been fully considered and are persuasive. The claim objection of 06/11/2025 has been withdrawn.
Applicant’s arguments, see page 11 rejections under 112(b), filed 09/11/2025, with respect to the rejection(s) of claim(s) 1-9 under 112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the 112(b) claim rejections presented above.
Applicant's arguments filed 09/11/2025 have been fully considered but they are not persuasive. Page 12 lines 4-8, applicant argues that embedding vectors differ from weight coefficients but the examiner disagrees. Weight coefficients rely on embedded numerical vectors to operate which is further discussed in Dzierzek ¶ [0098] where they state musical weights may be automatically deduced by analyzing Music Instrument Digital Interface (MIDI) data or through Music Information Retrieval (MIR) means. These methods rely on vector embedding to categorize information. Therefore, Dzierzek weight coefficients read on embedding vectors.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee et al (US Pub No. 20230351152) teaches a music analysis method and apparatus for cross-comparing music properties using an artificial neural network.
Pachet et al (US Pub No. 20210090536) teaches audio stem identification system and methods.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER LIEBGOTT whose telephone number is (703)756-1818. The examiner can normally be reached Mon-Fri 10-6:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached at (571)272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.M.L./Examiner, Art Unit 2694
/FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694