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 .
Specification
The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text.
Claim Rejections - 35 USC § 101
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.
Claims 1 – 16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract without significantly more.
When considering subject matter eligibility under 35 USC 101, it must be determined whether the claim is directed to one of the four statutory categories of invention, i.e., process, machine, manufacture, or composition of matter.
Specifically, claim 1 - 16 are directed to a method. It hereby falls under one of the four statutory classes of invention.
If the claim does not fall within one of the statutory categories, it must then be determined whether the claim is directed to a judicial exception (i.e., law of nature, natural phenomenon, and abstract idea).
Claims 1 - 16 recite steps of observation, evaluation, and judgement that can be practically performed by a human, either mentally or with the use of pen and paper (mathematical algorithm).
The limitations of “determining a panning control parameter p and a sample component d that minimizes a first difference metric between an L-dimensional input sample X and an estimation of the input sample xᵉˢᵗ = d a, where a = A(p) and where A(p) is a first pre-set mapping function that returns an L-dimensional panning vector a for a given panning control parameter p; generating a K-dimensional raw output sample yraw = d S, where S = S(p) and where S(p) is a second pre-set mapping function that returns a K-dimensional panning vector S for a given panning control parameter p; determining the decoding LXK matrix M by solving an optimization problem that minimizes a second difference metric between the K-dimensional raw output sample yraw and the decoded input sample x M.” in claim 1 - 16, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind (mathematical algorithm), but for the recitation of generic computer components. That is, other than reciting “A computer implemented method”, nothing in the claim element precludes the steps from practically being performed in a human mind, either mentally or with the use of pen and paper.
The mere nominal recitation of a generic computer do not take the claim limitations out of the mental processes grouping.
If a claim limitation, under its broadest reasonable interpretation, covers mental processes but for the recitation of generic computer components, then it falls within the "Mental Processes" grouping of abstract ideas (concepts performed in the human mind including an observation, evaluation, judgement, and opinion). Accordingly, the claims recite an abstract idea.
The claimed “computer implemented method” are recited at a high level of generality and are merely invoked as tool to perform an existing upmixing audio processing.
Claims 1 - 16 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 using a computer implemented method to perform the generating and determining steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept.
Claims 1 - 16 as a whole, do not amount to significantly more than the abstract idea itself. This is because the claims do not affect an improvement to the functioning of a computer itself; and the claims do not move beyond a general link of the use of an abstract idea to a particular technological environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. MCGRATH et al. teach MATRIX CODED STEREO SIGNAL WITH PERIPHONIC ELEMENTS. Thompson et al. teach MULTIPLET-BASED MATRIX MIXING FOR HIGH-CHANNEL COUNT MULTICHANNEL AUDIO. Wuebbolt et al. teach METHOD AND DEVICE FOR IMPROVING THE RENDERING OF MULTI-CHANNEL AUDIO SIGNALS. Hilpert et al. teach Method For Multi-channel Parameter Transformation. Merimaa et al. teach Phase-amplitude Matrixed Surround Decoder.
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/LEONARD SAINT-CYR/ Primary Examiner, Art Unit 2658