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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/4/2026 has been entered.
Drawings
The drawings were received on 11/13/2023. These drawings are accepted.
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) 1-2,5,11,12 is/are rejected under 35 U.S.C. 103 as being unpatentable over McMillan (US Publication No.: 20140129841) in view of Srinivasan et al (US Publication No.: 20170018278).
Claim 1, McMillan discloses
receiving an audio signal from a broadcaster (Fig. 1, label media provider as the broadcaster sending media to label 102, receiver.);
obtaining digital information comprising an identifier associated with the broadcaster (Fig. 2,3,5, label Source identifier as the digital information associated with the broadcaster (paragraph 43).);
retrieving an audio watermark associated with the identifier at the receiver (Fig. 1, label 128,126,127 retrieves audio watermark associated with the identifier at label 102, receiver. Paragraph 20 discloses label 127 generates or retrieves the watermark associated with the identifier (Fig. 5, label watermark type indicates the watermark with associated source identifier (broadcaster identifier), wherein retrieval occurs in the receiver, Fig. 1, label 102. Label 127 receives identification information from label 126, information from label 128. Fig. 2,3 shows the lookup table including information such as source identifier and watermark type.);
encoding the audio watermark in the audio signal (Fig. 1, label 127 embeds or encodes the audio watermark into the received media.); and
outputting an acoustic signal based on the encoded audio signal (Fig. 1, label 124 renders and presents the media with embedded watermark.) so that the audio watermark can be sensed by a listening device without being audible by a human listener (Paragraph 19 discloses 124 receives media via the media application 120 and renders the media for presentation, where label 124 includes audio subsystem to render audio for presentation. Paragraph 16 discloses 102 “may output the media via is own functionality and/or to another device that presents the media (e.g. a television, speakers, etc.)”. Paragraph 23 discloses “The audio watermarking tones may be generated using psychoacoustic masking to reduce the perceptibility of the watermark(s) by humans exposed to the audio.”.).
McMillan discloses watermark embedder but fails to disclose the manner in which the watermark is embedded into the audio signal outputting an encoded audio signal.
Srinivasan et al discloses
determining a potential of at least one frequency component of the audio signal to hide frequencies of the audio watermark (Paragraph 30 discloses “The code frequencies (e.g. sine waves) of the watermark signal are embedded in respective audio frequency bands (also referred to as critical bands) of a long block of 9,216 audio samples created by sampling the host audio signal from the audio source 115 with a clock frequency of 48 kHz.” This indicates potential frequency components of the audio signal, such as frequency bands, are determined to hide via embedding the watermark at the frequencies of the host audio signal.);
generating at least one code frequency component associated with the audio watermark (Paragraph 30 discloses code frequencies associated with the audio watermark.), the code frequency component having an amplitude based on the determined potential of the at least one frequency component of the audio signal to hide the frequences of the audio watermark (Paragraph 31 discloses “the watermark embedder 120 varies the respective amplitudes of the watermark code frequencies from one short block to the next short block based on the masking energy provided by the host audio. For example, if a short block of the host audio has energy E(b) in an audio frequency band b, then the watermark embedder 120 computes a local amplitude of the code frequency to be embedded in that audio frequency band …”.); and
encoding the audio watermark in the audio signal at the receiver (Fig. 1, label 120 watermark embedder) based on at least one code frequency component and the determined potential of the at least one frequency component of the audio signal (Paragraph 30,31 discloses embedding of the watermark into an audio signal is based on the determined potential at least one frequency component of the audio signal and code frequencies. Paragraph 27 discloses “watermark embedder 120 to embed information, such as identification codes, in the form of audio watermarks into the audio sources …”.).
It would be obvious to one skilled in the art before the effective filing date of the application to modify McMillan’s watermark embedding by incorporating watermark embedding as disclosed by Srinivasan et al so to improve security by watermarking an audio signal to prevent unauthorized use.
Claim 2, McMillan discloses the audio signal is comprised in one of a radio broadcast, a television broadcast, or a multimedia broadcast (Fig. 1, label 106 transmits the media. Paragraph 29 discloses 106 provides media (e.g. on demand video media) to the media application 102 for presentation by the media presentation device 102. This indicates the media or audio signal is one of a multimedia broadcast. Paragraph 19 discloses media can be a movie and presented on a display, wherein television broadcast will include media such as a movie and presentation on a display such as a TV.).
Claim 5, McMillan obtaining the digital information through an Internet Protocol, IP, port of a hybrid radio receiver (Paragraph 15 discloses media is provided via networks such as Internet broadcast system and received via label 102 along with other types of networks such as terrestrial broadcast system. This indicates receiver 102 can receive media via many channels, hence is considered a hybrid radio receiver. Fig. 1, label 106,104,120 are the components providing media via the network and receiving the media indicating a port or input at label 102 for media reception. Depending on the media and manner of communication, the media can be digital information).
Claim 11, McMillan discloses said retrieving an audio watermark associated with the identifier comprises one of: using the identifier to retrieve the audio watermark from a lookup table available at the receiver (Fig. 1, label LUT as the lookup table, label 126 determines the identifier such as source ID from the lookup table and label 127 retrieves or generates the audio watermark using the identifier from label 126. Fig. 1, label LUT, 127,125 is available at the receiver, 102.); retrieving the audio watermark from digital information contained in a broadcast; or using the identifier to retrieve the audio watermark from a server through an IP connection with the receiver (The limitation requires one of such manners of retrieving the audio watermark, where McMillan discloses one of such manners of retrieving the audio watermark.).
Claim 12, McMillan discloses an audio receiver (Fig. 1, label 102, paragraph 15) comprising a receiver capable of receiving a broadcast audio signal and a processor (Fig. 1, label 106 broadcasts media and 102 receives the media. Fig. 9, label processor.) configured to carry out the method of claim 1 (please see claim 1).
Claim(s) 3,4,10 is/are rejected under 35 U.S.C. 103 as being unpatentable over McMillan (US Publication No.: 20140129841) in view of Srinivasan et al (US Publication No.: 20170018278), further in view of Littlejohn (US Publication No.: 20170324491)
Claim 3, McMillan discloses receiving the audio signal from the broadcaster ((Paragraph 15 discloses media may be provided via terrestrial broadcast system, wherein audio is included in a terrestrial broadcast system.), but fails to disclose communication via one of Frequency Modulation, FM, Amplitude Modulation, AM, or digital broadcast.
Littlejohn discloses receiving the audio signal from the broadcaster by one of Frequency Modulation, FM, Amplitude Modulation, AM, or digital broadcast (Paragraph 23 discloses “Server 113 can provide audio, images, video or mixed media content to one or both of over-air audio server 112 and streaming audio server 111.” Paragraph 5 discloses “most automobile radios tune to FM, AM and Satellite broadcast audio …”.). It would be obvious to one skilled in the art before the effective filing date of the application to substitute one well known element of communication via wireless communication as disclosed by McMillan with another well-known element of communicate via FM, a form of wireless communication as discloses by Littlejohn so to yield predicable results of wireless communication.
Claim 4, Littlejohn discloses obtaining the digital information through the Radio Data System, RDS of an FM broadcast (Paragraph 36 discloses “information can be embedded in a broadcast signal using various techniques, including, using a Radio Data System (RDS) protocol, … including a non-user-perceptible watermark in the broadcast …”.).
Claim 10, McMillan discloses the digital information comprises source identifier (Fig. 2,3,5 source identifier), but fails to disclose wherein the digital information further comprises at least one of a picture, a title of a song being played, a name of a radio station, a list of other radio stations, a list of alternative frequencies for a radio station, radio text, traffic announcements, other networks or stations information.
Littlejohn discloses wherein the digital information further comprises at least one of a picture, a title of a song being played, a name of a radio station, a list of other radio stations, a list of alternative frequencies for a radio station, radio text, traffic announcements, other networks or stations information (Paragraph 36 discloses “embedded information can include a station identifier such as a station call sign, a station affiliation or group membership … or other information that can be used to identify the station broadcasting the broadcast station content 153.” Such information indicates name of a radio station or broadcasting station can be included in the information or watermark.) It would be obvious to one skilled in the art before the effective filing date of the application to modify the digital information of McMillan by incorporating digital information with information as disclosed by Littlejohn so to identify the attraction or the radio station in order to broadcast information.
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McMillan (US Publication No.: 20140129841) in view of Srinivasan et al (US Publication No.: 20170018278), further in view of Van Der Veen et al (US Publication No.: 20050025314).
Claim 6, McMillan et al discloses watermark embedding (Fig. 6, label 608,610) and Srinivasan et al discloses the internals of watermark embedding (Paragraphs 27,30-31 and Fig. 1, label 120), but fails to disclose the watermark embedding comprises all the recited limitations.
Van Der Veen et al discloses the encoding the audio watermark in the audio signal (Fig. 1) comprises the steps of:
Dividing the audio signal in a plurality of frames of a preset duration (Fig. 1, label x(n) as the audio signal, label 101 segments the audio signal into frames, wherein frames includes preset duration.);
Applying a time-frequency transform to each frame to determine the frequency components of the audio signal (Fig. 1, label FFT 102); and
applying a reverse frequency-time transform to the encoded signal (Fig. 1, label 104, output from 103 as the embedded or encoded signal.).
It would be obvious to one skilled in the art before the effective filing date of the application to modify McMillan et al in view of Srinivasan et al’s watermark embedding by incorporating watermark embedding as disclosed by Van Der Veen et al so to improve watermark embedding and improve security of the audio signal by encoding a watermark signal into the audio signal.
Claim 7, Srinivasan et al discloses generating a plurality of code frequency components associated with the audio watermark, wherein each code frequency comp0onent of the plurality of code frequency components has amplitude based on the determined potential of the frequency component of the audio signal to hide the frequencies of the audio watermark (Paragraph 30 discloses “for example, if a short block of the host audio has energy E(b) in an audio frequency band b, then the watermark embedder 120 computes a local amplitude of the code frequency to be embedded in the audio frequency band as … different audio frequency bands may have different masking ratios, and the watermark embedder 120 may determine different local amplitudes for the different code frequencies to be embedded in different audio frequency bands.” This indicates code frequency components are associated with the audio watermark, wherein each code frequency component has an amplitude based on the energy or amplitude of the frequency band or component of the audio signal. Paragraph 31 discloses hiding the embedded watermark signal in the host audio via varying amplitudes of the code frequency components.); and
Adding the plurality of code frequency components associated with the audio watermark to the audio signal (paragraph 30 discloses adding the code frequency components associated with the audio watermark to the audio signal (embedding the watermark to the audio signal via frequencies as determined.).
Claim 8, Srinivasan et al discloses the adding the plurality of code frequency components associated with the audio signal (paragraph 30 discloses adding the code frequency components associated with the audio watermark to the audio signal (embedding the watermark to the audio signal via frequencies as determined.) comprises adding the code frequency components associated with the audio signal to different time windows of the audio signal (Paragraph 30 further discloses “different audio frequency bands may have different masking ratios, and the watermark embedder 120 may determine different local amplitudes for the different code frequencies to be embedded in different audio frequency bands.” Frequency is proportional to time, which indicates frequency bands have equivalent proportional time windows. This indicates watermark embedding of different code frequencies to different audio frequency bands would also apply different code frequencies or frequency components to different time windows.).
Claim 9, Van Der Veen et al discloses the time-frequency transform is a Fast Fourier transform (Fig. 1, label FFT.).
Conclusion
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.
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/LINDA WONG/Primary Examiner, Art Unit 2655