DETAILED ACTION
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statements submitted are being considered by the examiner.
Claim Rejections - 35 USC § 112
3. 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.
4. Claim 23 recites the limitation "SESS data" in line 5. There is insufficient antecedent basis for this limitation in the claim. Claims 24 and 25 have the same problem.
Claim Rejections - 35 USC § 101
5. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
6. Claims 25 and 26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite an audio scene description.
The limitations of source data and modification data, as drafted, under its broadest reasonable interpretation, covers performance of the limitation by a human. More specifically, nothing in the claims precludes the method from practically being performed by a human. For example, a human can write down source data and modification data on a piece of paper. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation by a human, then it falls within the “Human Activity” grouping of abstract ideas.
This judicial exception is not integrated into a practical application. In particular, claim 25 only recites one additional element – modifying objects. This limitation is recited at a high-level of generality such that it amounts to no more than mere instructions to apply the exception using a generic component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Hence, the claim is directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of modifying objects amounts to no more than mere instructions to apply the exception using a generic component. Mere instructions to apply an exception using a generic component cannot provide an inventive concept. And so, the claim is not patent eligible.
Dependent claim 26 further recites bitstream. However, similar to the analysis of claim 25 these features are simple enough to be performed by a human. Thus, this claim is also directed towards an abstract idea.
Claim Rejections - 35 USC § 102
7. 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)(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.
8. Claims 1-25 are rejected under 35 U.S.C. § 102(a)(2) as being anticipated by Thall et al, U.S. Patent No. 2020/0296533 (hereinafter Thall).
Regarding claim 1, Thall discloses an apparatus for synthesizing a spatially extended sound source (from Figure 1, see 210), comprising:
an input interface for receiving a description of an audio scene, the description of the audio scene comprising spatially extended sound source data on the spatially extended sound source (from Figure 1, see 503) and modification data (from Figure 1, see 503) on a potentially modifying object, and for receiving a listener data (from Figure 1, see 501);
a sector identification processor for identifying a limited modified spatial sector for the spatially extended sound source within a rendering range for the listener, the rendering range for the listener being larger than the limited modified spatial sector, based on the spatially extended sound source data and the listener data and the modification data (from Figure 5, see 504);
a target data calculator for calculating target rendering data from the one or more rendering data items belonging to the modified limited spatial sector (from Figure 5, see 505); and
an audio processor for processing an audio signal representing the spatially extended sound source using the target rendering data (from Figure 5, see 506).
Regarding claim 2, Thall discloses the apparatus of claim 1, wherein the modification data is occlusion data (from Figure 5, see 502), and wherein the potentially modifying object is a potentially occluding object (from Figure 2, see 215).
Regarding claim 3, Thall discloses The apparatus of claim 1, wherein the potentially modifying object comprises an associated modification function, wherein the one or more rendering data items are frequency (from Figure 4, see FREQUENCY) dependent, wherein the modification function is frequency selective, and wherein the target data calculator is configured to apply the frequency selective modification function to the one or more frequency dependent rendering data items.
Regarding claim 4, Thall discloses the apparatus of claim 3, wherein the frequency selective modification function comprises different values for different frequencies, and wherein the frequency dependent one or more rendering data items comprise different values for different frequencies, and wherein the target data calculator is configured to apply or multiply or combine a value of the frequency selective modification function for a certain frequency to a value of the one or more rendering data items for the certain frequency (from Figure 5, see 505).
Regarding claim 5, Thall discloses the apparatus of claim 1, further comprising a storage (from Figure 7, see 750) for storing the one or more rendering data items for a number of different limited spatial sectors, wherein the number of different limited spatial sectors together form the rendering range for the listener.
Regarding claim 6, Thall discloses the apparatus of claim 1, wherein the modification function is a frequency (from Figure 4, see FREQUENCY) selective low-pass function, and wherein the target data calculator is configured to apply the low-pass function so that a value of the one or more rendering data items at a higher frequency is attenuated stronger than a value of the one or more rendering data items at a lower frequency.
Regarding claim 7, Thall discloses the apparatus of claim 1, wherein the sector identification processor is configured to determine the limited spatial sector for the spatially extended sound source based on the listener data and the spatially extended sound source data, to determine, whether at least a part of the limited spatial sector is subject to a modification by the modifying object (from Figure 1, see 15), and to determine the limited spatial sector as a modified spatial sector, when the part is greater than a threshold or when the whole limited spatial sector is subject to the modification by the modifying object.
Regarding claim 8, Thall discloses the apparatus of claim 1, wherein the sector identification processor is configured to apply a projection algorithm or a ray tracing analysis to determine the limited spatial sector, or to use, as the listener data (from Figure 5, see 501), a listener position or a listener orientation, or to use, as the spatially extended sound source, SESS, data, an SESS orientation, an SESS position, or information on a geometry of the SESS.
Regarding claim 9, Thall discloses the apparatus of claim 1, wherein the rendering range comprises a sphere or a portion of a sphere around the listener (from Figure 1, see 12), wherein the rendering range is tied to the listener position or listener orientation, and wherein the modified limited spatial sector comprises an azimuth size and an elevation size.
Regarding claim 10, Thall discloses the apparatus of claim 9, wherein the azimuth size and the elevation size of the modified limited spatial sector are different from each other, so that an azimuth size is finer for a modified limited spatial sector directly in front of the listener (from Figure 1, see 12) compared to an azimuth size of the modified limited spatial sector more to the side of the listener, or wherein the azimuth size decreases towards a side of the listener, or wherein an elevation size of the modified limited spatial sector is smaller than an azimuth size of the modified limited spatial sector.
Regarding claim 11, Thall discloses the apparatus of claim 1, wherein, as the one or more rendering data items, for the modified limited spatial sector, at least one of a left variance data item related to a left head related transfer function data, a right variance data item related to a right head related transfer function, HRTF, data, and a covariance data item related to the left HRTF data and the right HRTF data is used (from paragraph 0058, see HRTF).
Regarding claim 12, Thall discloses the apparatus of claim 1, wherein the sector identification processor is configured to determine a set of elementary spatial sectors (from Figure 2, see 213 and 232) belonging to the spatially extended sound source (from Figure 2, see 210) and to determine, among the set of elementary spatial sectors, one or more elementary spatial sectors as the limited modified spatial sector, and wherein the target data calculator is configured to modify the one or more rendering data items associated with the limited modified spatial sector using the modification data to acquire combined data, and to combine the combined data with rendering data items of one or more elementary spatial sectors of the set of elementary spatial sectors being different from the limited modified spatial sector and being not modified or modified in a different way compared to the modification for the limited modified spatial sector.
Regarding claim 13, Thall discloses the apparatus of claim 12, wherein the sector identification processor is configured to classify the set of elementary spatial sectors into different sector classes based on characteristics (from Figure 5, see CHARACTERISTIC) associated with the elementary spatial sectors, wherein the target data calculator is configured to combine the rendering data items of the elementary spatial sectors in each class to acquire a combined result for each class, if more than one elementary spatial sectors is in a class, and to apply a specific modification function associated with at least one class to the combined result of this class to acquire a modified combination result for this class, or to apply the specific modification function associated with at least one class to the one or more data items of the one or more elementary spatial sectors of each class to acquire modified data items and to combine the modified data items of the elementary spatial sectors in each class to acquire a modified combination result for this class, to combine the combination result or if available the modified combination result for each class to acquire an overall combination result, and to use the overall combination result as the target rendering data or to calculate the target rendering data from the overall combination result.
Regarding claim 14, Thall discloses the apparatus of claim 13, wherein the characteristic for an elementary spatial sector is determined as being one of a group comprising an occluded elementary spatial sector involving a first occlusion characteristic, an occluded elementary spatial sector involving a second occlusion characteristic being different from the first occlusion characteristic, an unoccluded elementary spatial sector comprising a first distance to the listener (from Figure 1, see 12), and an unoccluded elementary spatial sector comprising a second distance to the listener, wherein the second distance is different from the first distance.
Regarding claim 15, Thall discloses the apparatus of claim 8, wherein the target data calculator (from Figure 5, see 505) is configured to modify or combine frequency dependent variance or covariance parameters as the rendering data items to acquire, as the overall combination result, an overall combined variance or an overall combined covariance parameter, and to calculate at least one of an inter-aural or inter-channel coherence cue, an inter-aural or inter-channel level difference cue, an inter-aural or inter-channel phase difference cue, a first side gain, or a second side gain as the target rendering data, and wherein the audio processor is configured for processing the audio signal using at least one of the inter-aural or inter-channel coherence cue, the inter-aural or inter-channel level difference cue, the inter-aural or inter-channel phase difference cue, a first side gain, or a second side gain as the target rendering data.
Regarding claim 16, Thall discloses a method of synthesizing a spatially extended sound source (from Figure 2, see 210), comprising:
receiving a description of an audio scene, the description of the audio scene comprising spatially extended sound source data (from Figure 5, see 503) on the spatially extended sound source and modification data (from Figure 5, see 502) on a potentially modifying object, and receiving a listener data (from Figure 5, see 501);
identifying a limited modified spatial sector for the spatially extended sound source within a rendering range for the listener, the rendering range for the listener being larger than the limited modified spatial sector, based on the spatially extended sound source data and the listener data and the modification data (from Figure 5, see 504);
calculating target rendering data from the one or more rendering data items belonging to the modified limited spatial sector (from Figure 5, see 505); and
processing an audio signal representing the spatially extended sound source using the target rendering data (see Figure 5, see 506).
Regarding claim 17, Thall discloses a non-transitory (from paragraph 0042, see non-transitory) digital storage medium having a computer program stored thereon to perform the method of synthesizing a spatially extended sound source (from Figure 2, see 210), the method comprising:
receiving a description of an audio scene, the description of the audio scene comprising spatially extended sound source data (from Figure 5, see 503) on the spatially extended sound source and modification data (from Figure 5, see 502) on a potentially modifying object, and receiving a listener data (from Figure 5, see 501);
identifying a limited modified spatial sector for the spatially extended sound source within a rendering range for the listener, the rendering range for the listener being larger than the limited modified spatial sector, based on the spatially extended sound source data and the listener data and the modification data (from Figure 5, see 504);
calculating target rendering data from the one or more rendering data items belonging to the modified limited spatial sector (from Figure 5, see 505); and
processing an audio signal representing the spatially extended sound source using the target rendering data (from Figure 5, see 506),
when said computer program is run by a computer (from Figure 7, see 700).
Regarding claim 18, Thall discloses an audio scene generator for generating an audio scene description, comprising:
a spatially extending sound source data generator for generating SESS data of the spatially extended sound source (from Figure 5, see 503);
a modification data generator for generating modification data on a potentially modifying object (from Figure 5, see 502);
and an output interface for generating the audio scene description comprising the SESS data and the modification data (from Figure 5, see 506).
Regarding claim 19, Thall discloses the audio scene generator of claim 18, wherein the modification data comprises a description of a low pass function, wherein the low pass function comprises an attenuation value for a higher frequency, the attenuation value for the higher frequency representing an attenuation value being stronger compared to an attenuation value for a lower frequency, and wherein the output interface is configured to introduce the description of the attenuation (from Figure 4, see AMPLTIUDE) function as the modification data into the audio scene description.
Regarding claim 20, Thall discloses the audio scene generator of claim 18, wherein the modification data comprises geometry data (from Figure 3A, see 315) on the potentially modifying object, and wherein the output interface is configured to introduce the geometry data on the potentially modifying object as the modification data into the audio scene description.
Regarding claim 21, Thall discloses the audio scene generator of claim 18, wherein the SESS data generator is configured to generate, as the SESS data, a location of the SESS, and information on a geometry of the SESS, and wherein the output interface is configured to introduce, as the SESS data, the information on the location of the SESS and the information on the geometry of the SESS (from Figure 5, see 503).
Regarding claim 22, Thall discloses the audio scene generator of claim 18, wherein the SESS data generator (see Figure 3B) is configured to generate, as the SESS data, an information on a size, on a position, or on an orientation of the spatially extended sound source, or waveform data for one or more audio signals associated with the spatially extended sound source, or wherein the modification data (see Figure 3A) calculator is configured to calculate, as the modification data, a geometry of a potentially modifying object such as a potentially occluding object.
Regarding claim 23, Thall discloses a method of generating an audio scene description, comprising:
generating spatially extending sound source data of the spatially extended sound source (from Figure 5, see 503);
generating modification data on a potentially modifying object (from Figure 5, see 502); and
generating the audio scene description comprising the SESS data and the modification data (from Figure 5, see 506).
Regarding claim 24, Thall discloses a non-transitory (from paragraph 0042, see non-transitory) digital storage medium having a computer program stored thereon to perform the method of generating an audio scene description, the method comprising:
generating spatially extending sound source data of the spatially extended sound source (from Figure 5, see 503);
generating modification data on a potentially modifying object (from Figure 5, see 502); and
generating the audio scene description comprising the SESS data and the modification data (from Figure 5, see 506),
when said computer program is run by a computer (from Figure 7, see 700).
Regarding claim 25, Thall discloses an audio scene description, comprising:
spatially extended sound source data (from Figure 5, see 503), and
modification data on one or more potentially modifying objects (from Figure 5, see 502).
Claim Rejections - 35 USC § 103
9. 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.
10. Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Thall in view of Herre et al, WO 2020/127329 (hereinafter Herre) in view of Thall.
Regarding claim 26, although Thall discloses the audio scene description of claim 25, implemented as transmitted or stored information, wherein the spatially extended sound source data represents a first information element, and wherein the modification data represents a second information element. Still on the issue of claim 26, Thall does not explicitly teach the information is a bitstream. All the same Herre discloses the information is a bitstream (see Figure 11). Therefore, it would have bene obvious to one of ordinary skill in the art to modify Thall wherein the information is a bitstream as taught by Herre. This modification would have improved efficiency by allowing for faster transmission.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLISA ANWAH whose telephone number is 571-272-7533. The examiner can normally be reached Monday to Friday from 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
Olisa Anwah
Patent Examiner
November 4, 2025
/OLISA ANWAH/Primary Examiner, Art Unit 2692