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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a first modulation frequency control unit configured to control” “a first frequency shift processing unit configured to perform" “a first amplitude control unit configured to control " in claims 1-6.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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) 1-2, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takashi et al (JP 2016/001774 A).
Regarding claim 1, Takashi et al disclose an acoustic signal processing apparatus comprising processing circuitry (Takashi et al; Fig 1; control unit 3), the processing circuitry comprising: a first modulation frequency control unit configured to control a first modulation frequency based on velocity information indicating a velocity of a sound source (Takashi et al; Fig 1; frequency conversion unit 31; Para [0020]-[0022]; frequency shift determination based on speed of sound source); a first frequency shift processing unit configured to perform single-sideband (SSB) modulation on a first acoustic signal in accordance with the first modulation frequency to generate a first modulated acoustic signal (Takashi et al; Fig 1; SSB modulation unit 32; Para [0026][0031]); and a first amplitude control unit configured to control an amplitude of the first modulated acoustic signal (Takashi et al; Fig 1; amplification units 33a; Para [0026][0031]).
Regarding claim 2, Takashi et al disclose the apparatus according to claim 1, wherein the first modulated acoustic signal is a first acoustic signal whose frequency is shifted by the first modulation frequency (Takashi et al; Fig 1; Para [0025] frequency conversion).
Regarding claim 8, Takashi et al disclose an acoustic signal processing method comprising: controlling a first modulation frequency based on velocity information indicating a velocity of a sound source (Takashi et al; Fig 1; frequency conversion unit 31; Para [0020]-[0022]; frequency shift determination based on speed of sound source) ; performing single-sideband (SSB) modulation on a first acoustic signal in accordance with the first modulation frequency to generate a first modulated acoustic signal (Takashi et al; Fig 1; SSB modulation unit 32; Para [0026][0031]); and controlling an amplitude of the first modulated acoustic signal (Takashi et al; Fig 1; amplification units 33a; Para [0026][0031]).
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) 3, 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takashi et al (JP 2016/001774 A) in view of Sekine et al (US 2005/0220308 A1).
Regarding claim 3, Takashi et al disclose the apparatus according to claim 1, but do not expressly disclose wherein the velocity information indicates a time change of the velocity, and the first modulation frequency control unit controls the first modulation frequency by converting the velocity of the sound source into a Doppler shift amount. However, in the same field of endeavor, Sekine et al disclose a sound processing device wherein the velocity information indicates a time change of the velocity (Sekine et al; Para [0033][0037]), and the first modulation frequency control unit controls the first modulation frequency by converting the velocity of the sound source into a Doppler shift amount (Sekine et al; Para [0025][0027]). 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 processing taught by Sekine as audio output control in the audio processing taught by Takashi. The motivation to do so would have been to correctly and easily realize doppler effect (Sekine et al; Para [0014]).
Regarding claim 6, Takashi et al disclose the apparatus according to claim 1, but do not expressly disclose wherein the processing circuitry further comprises a parameter setting unit configured to provide a graphical user interface (GUI) used to input the velocity information and amplitude information used for control of the amplitude. However, in the same field of endeavor, Sekine et al disclose a sound processing device wherein the processing circuitry further comprises a parameter setting unit configured to provide a graphical user interface (GUI) used to input the velocity information (Sekine et al; Para [0025][0027]) and amplitude information used for control of the amplitude (Sekine et al; Para [0011][0041]). 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 processing taught by Sekine as audio output control in the audio processing taught by Takashi. The motivation to do so would have been to correctly and easily realize doppler effect (Sekine et al; Para [0014]).
Regarding claim 7, Takashi et al disclose the apparatus according to claim 1, but do not expressly disclose wherein the processing circuitry further comprises a parameter setting unit configured to acquire, from an external apparatus, setting information including the velocity information and amplitude information used for control of the amplitude, which are input to the external apparatus. However, in the same field of endeavor, Sekine et al disclose a sound processing device wherein the processing circuitry further comprises a parameter setting unit configured to acquire, from an external apparatus, setting information including the velocity information (Sekine et al; Para [0025][0027]) and amplitude information used for control of the amplitude, which are input to the external apparatus (Sekine et al; Para [0011][0041]). 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 processing taught by Sekine as audio output control in the audio processing taught by Takashi. The motivation to do so would have been to correctly and easily realize doppler effect (Sekine et al; Para [0014]).
Claim(s) 4-5, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takashi et al (JP 2016/001774 A) in view of Aoki (US 2013/0163782 A1).
Regarding claim 4, Takashi et al disclose the apparatus according to claim 1, but do not expressly disclose wherein the processing circuitry further comprises: a splitter configured to branch an input acoustic signal to generate acoustic signals, the acoustic signals including the first acoustic signal and a second acoustic signal; bandpass filters having different passbands and configured to filter the acoustic signals; frequency shift processing units configured to perform the SSB modulation on the acoustic signals that have passed through the bandpass filters to generate modulated acoustic signals; amplitude control units configured to control amplitudes of the modulated acoustic signals; and an adder configured to add the modulated acoustic Signals that have undergone amplitude control, and wherein the bandpass filters include a first bandpass filter configured to filter the first acoustic signal, and a second bandpass filter configured to filter the second acoustic signal, and the frequency shift processing units include the first frequency shift processing unit configured to perform the SSB modulation on the first acoustic signal that has passed through the first bandpass filter in accordance with the first modulation frequency to generate the first modulated acoustic signal, and a second frequency shift processing unit configured to perform the SSB modulation on the second acoustic signal that has passed through the second bandpass filter in accordance with a second modulation frequency different from the first modulation frequency to generate a second modulated acoustic signal. However, in the same field of endeavor, Aoki et al disclose a sound processing device wherein the processing circuitry further comprises: a splitter configured to branch an input acoustic signal to generate acoustic signals (Aoki; Fig 3; split signal SA to unit 32 and 42), the acoustic signals including the first acoustic signal and a second acoustic signal (Aoki; Fig 3; first acoustic signal to unit 32 and second acoustic signal to unit 42); bandpass filters having different passbands and configured to filter the acoustic signals (Aoki; Fig 3; bandpass filter 32 and bandpass filter 42); frequency shift processing units configured to perform the SSB modulation on the acoustic signals that have passed through the bandpass filters to generate modulated acoustic signals (Aoki; Fig 3; frequency shift processing units 34 and 44); amplitude control units configured to control amplitudes of the modulated acoustic signals (Aoki; Fig 3; amplitude control unit 36 and amplitude control unit 46); and an adder configured to add the modulated acoustic Signals that have undergone amplitude control (Aoki; Fig 3; adder 26), and wherein the bandpass filters include a first bandpass filter configured to filter the first acoustic signal (Aoki; Fig 3; filter 32 configured to filter first acoustic signal), and a second bandpass filter configured to filter the second acoustic signal (Aoki; Fig 3; filter 42 configured to filter second acoustic signal), and the frequency shift processing units include the first frequency shift processing unit configured to perform the SSB modulation on the first acoustic signal that has passed through the first bandpass filter in accordance with the first modulation frequency to generate the first modulated acoustic signal (Aoki; Fig 3; Para [0031]-[0033]; frequency shift of filtered first acoustic signal), and a second frequency shift processing unit configured to perform the SSB modulation on the second acoustic signal that has passed through the second bandpass filter in accordance with a second modulation frequency different from the first modulation frequency to generate a second modulated acoustic signal (Aoki; Fig 3; Para [0031]-[0033]; frequency shift of filtered second acoustic signal). 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 processing taught by Aoki as audio output control in the audio processing taught by Takashi. The motivation to do so would have been to improve the sound effects (Aoki et al; Para [0021]).
Regarding claim 5, Takashi et al disclose the apparatus according to claim 1, but do not expressly disclose wherein the processing circuitry further comprises: a splitter configured to branch an input acoustic signal to generate the first acoustic signal and a second acoustic signal; a bandpass filter having a predetermined passband and configured to filter the first acoustic signal; a band-stop filter configured to perform an operation inverse to the bandpass filter and filter the second acoustic signal; a second amplitude control unit configured to control an amplitude of the second acoustic signal that has passed through the band-stop filter; and an adder configured to add the first modulated acoustic signal that has undergone amplitude control and the second acoustic signal that has undergone amplitude control, and wherein the first frequency shift processing unit performs the SSB modulation on the first acoustic signal that has passed through the bandpass filter in accordance with the first modulation frequency to generate the first modulated acoustic signal. However, in the same field of endeavor, Aoki et al disclose a sound processing device wherein the processing circuitry further comprises: a splitter configured to branch an input acoustic signal to generate acoustic signals (Aoki; Fig 3; split signal SA to unit 32 and 42), the acoustic signals including the first acoustic signal and a second acoustic signal (Aoki; Fig 3; first acoustic signal to unit 32 and second acoustic signal to unit 42); a bandpass filter having a predetermined passband and configured to filter the first acoustic signal (Aoki; Fig 3; bandpass filter 32 configured to pass high frequency signals); a band-stop filter configured to perform an operation inverse to the bandpass filter and filter the second acoustic signal (Aoki; Fig 3; band-stop filter 42 configured to stop high frequency signals and pass low frequency signals) a second amplitude control unit configured to control an amplitude of the second acoustic signal that has passed through the band-stop filter (Aoki; Fig 3; amplitude control unit 46) and an adder configured to add the first modulated acoustic signal that has undergone amplitude control and the second acoustic signal that has undergone amplitude control (Aoki; Fig 3; adder 26) wherein the first frequency shift processing unit performs the SSB modulation on the first acoustic signal that has passed through the bandpass filter in accordance with the first modulation frequency to generate the first modulated acoustic signal (Aoki; Fig 3; Para [0031]-[0033]; frequency shift of filtered second acoustic signal and frequency shift of filtered second acoustic signal). 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 processing taught by Aoki as audio output control in the audio processing taught by Takashi. The motivation to do so would have been to improve the sound effects (Aoki et al; Para [0021]).
Regarding claim 9, Takashi et al disclose a method comprising: controlling a first modulation frequency based on velocity information indicating a velocity of a sound source (Takashi et al; Fig 1; frequency conversion unit 31; Page 2; lines 30-45; frequency shift determination based on speed of sound source); performing single-sideband (SSB) modulation on a first acoustic signal in accordance with the first modulation frequency to generate a first modulated acoustic signal (Takashi et al; Fig 1; SSB modulation unit 32; Page 2; lines 30-55; frequency conversion; Page 3; lines 1-15); and controlling an amplitude of the first modulated acoustic signal (Takashi et al; Fig 1; amplification units 33a; lines 30-55; frequency conversion; Page 3; lines 1-15); but do not expressly disclose a non-transitory computer readable medium including computer executable instructions, wherein the instructions, when executed by a processor, cause the processor to perform a method. However, in the same field of endeavor, Aoki et al disclose a sound processing device a non-transitory computer readable medium including computer executable instructions, wherein the instructions, when executed by a processor, cause the processor to perform a method (Aoki; Para [0020]). 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 processing taught by Aoki as audio output control in the audio processing taught by Takashi. The motivation to do so would have been to improve the sound effects (Aoki et al; Para [0021]).
Conclusion
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/KUASSI A GANMAVO/Examiner, Art Unit 2692
/CAROLYN R EDWARDS/Supervisory Patent Examiner, Art Unit 2692