Detailed Notice
1. This office action is in response to communication filed June 13, 2024. Claims 1-8 are currently pending and claim 1 is the independent claims.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
3. Claims 1-8 are objected to because of the following informalities:
Claims 1-8 include limitations labeled as “steps”. The inclusion of steps provides unnecessary labeling which ultimately leads to poor clarity in both independent claim 1 and the following independent claims 2-8. The Examiner asks the Applicant to amend the claims to remove the steps and instead clearly state the wording of the steps within each dependent claim for clarity of the record. Appropriate correction is required.
Also, claim 1 includes the label “N” for a number of frame buffers, sound recording buffers, and sound reproduction buffers. The Examiner, based upon reading the claims and Specification, understands that “N” should be an equivalent number across all three cases. That being said, the boundaries of “N” should be recited in the claims because if “N” is assumed to equal one rather than a plurality, then in step 2 “one by one” would not make sense. Appropriate correction is required.
Finally, claim 8 includes the language “… and after the sound recording buffers are add in and the buffers are written in the sound card …” in lines 4-5 of the claim which should be amended to state “… and after the sound recording buffers are added in and the buffers are written in the sound card …”. Appropriate correction is required.
Claim Rejections – 35 USC § 103
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.
4. Claims 1-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hair (U.S. Pub. No. 2014/0112639) in view of Stewart (U.S. Pub. No. 2009/0228125).
Regarding independent claim 1, Hair discloses:
A double-helix scheduling method for soundcard buffers during sound recording and reproduction, comprising steps as follows:
step 1: preparing N frame buffers for each process of the sound recording and the sound reproduction; (Fig. 1 and [0070] The Static Audio Player 120 is a computer software program executed by a conventional computer system. The Static Audio Player 120 is a means by which playback of the Static Audio File 110 through the sound card of the host computer system is possible in either digital audio form or analog audio form… Next, the Static Audio Player 120 invokes a sequential parallel data replication of the sound information in the frequency/amplitude memory registers to the sound card buffer memory within the Static Audio Player 120. Next, the Static Audio Player 120 invokes a sequential parallel data dump of the sound information in the sound card buffer memory to the sound card of the host computer system, whereupon the sound card relays/transmits the sound information to the Audio Output Device 190… ) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the sound card buffer memory is prepared for the data dump of the audio file to transmit the sound to audio output device.
step 2: adding N sound recording buffers in a sound card, and starting the sound recording; and writing N sound reproduction buffers in the sound card one by one, and then starting the sound playing; ([0093] “As discussed above, the sound information saved in the fxay memory registers within in the Static Audio Player 120 can be obtained from the Static Audio File 110 one time interval at a time during real-time playback of the audio recording or the Static Audio Player 120 can obtain and schedule sound information changes for all time intervals 4 in the audio recording, by each frequency/amplitude FxAy from the Static Audio File 110 at, or prior to, the commencement of playback of the audio recording by sequentially replicating and sequentially saving sound information related to all, or a plurality of, time intervals Ix from the Static Audio File 110 to the time interval buffer memory, then commencing the sequential parallel data dump from the time interval buffer memory to the frequency/amplitude memory registers. Additionally, the sound card buffer memory can be capable of sequentially storing sound information related to all, or a plurality of, time intervals Ix from the frequency/amplitude memory registers, prior to when the Static Audio Player 120 commences the sequential parallel data dump from the sound card buffer memory to the sound card of the host computer system for subsequent relay/transmission to the Audio Output Device 190.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the sound card buffer memory contains the sound recording and the real-time playback of the audio recording allows for the sound reproduction buffers to be written one-by-one.
step 5: finishing the sound recording and the sound reproduction.
Hair does not explicitly disclose:
step 3: writing sound reproduction buffers in the sound card in a sound recording callback function;
step 4: adding sound recording buffers in a sound reproduction callback function; and
However, Stewart discloses:
step 3: writing sound reproduction buffers in the sound card in a sound recording callback function; (Fig. 2 and [0031] “In general, audio queue 200 may include a set of audio queue buffers, each of which is a temporary repository for some audio data; a buffer queue 202, which is an ordered list for the audio queue buffers; and an audio queue callback function. As noted, audio queue buffers can be arranged in a sequence called buffer queue 202. The audio queue buffers can be numbered according to the order in which they are filled--which may be the same order in which they are handed off to the callback.” and [0036] “The audio queue 200 hands off filled buffers of audio data to their respective callback function in the order in which they were acquired. When a buffer is filled, the audio queue 200 may invoke the callback, handing it the full buffer. The callback then writes the contents of the buffer to an audio file, for example, in storage (not shown) of device 100.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the sound recording buffers are filled with the callback to create a full sound reproduction file by filling the sound reproduction buffers with the sound recording.
step 4: adding sound recording buffers in a sound reproduction callback function; (Fig. 2 and [0037] “Meanwhile, the audio queue 200 may fill another buffer with freshly acquired data. Once a buffer's contents have been stored, it may be put in line to be filled again. Processing may then repeat where the audio queue 200 again invokes the callback, handing it the next full buffer. The callback writes the contents of this buffer to the audio file in storage, and so forth. This looping steady state may continue until audio output stops.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the sound recording buffers are cleared and re-added following the handoff to the sound reproduction buffers.
Both Hair and Stewart are in the same field of endeavor as they are both in the audio processing art and, therefore, are combinable/modifiable.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hair's audio processing because Stewart's audio processing is based upon sound reproduction/recording buffer filling with callback functions to output audio.
Motivation comes from Stewart’s invention to improve audio output based upon continuous callback functions that queue sound buffers to simplify audio output to be output in spurts by enqueued sound buffers as taught by Stewart ([0007]).
Regarding dependent claim 2, Hair discloses the double-helix scheduling method for soundcard buffers during sound recording and reproduction according to claim 1, wherein specific instructions in the step 2 are serial in sequence. ([0070] “The Static Audio Player 120 invokes a sequential serial replication (i.e. a serial data replication is the process whereby the original copy of data is replicated, transmitted, and saved in series to a buffer memory) of sound information from the Static Audio File 110 and saves said sound information into a time interval buffer memory within the Static Audio Player 120.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the static audio player handles the sound recording and sound playing in a serial data replication process.
Regarding dependent claim 3, Hair discloses the double-helix scheduling method for soundcard buffers during sound recording and reproduction according to claim 2, wherein in the step 2, the sound recording buffer is empty, and to be filled; and the sound reproduction buffer is filled by means of a network incoming audio data or through audio file reading and then is written in the sound card. ([0093] “[0093] As discussed above, the sound information saved in the fxay memory registers within in the Static Audio Player 120 can be obtained from the Static Audio File 110 one time interval at a time during real-time playback of the audio recording or the Static Audio Player 120 can obtain and schedule sound information changes for all time intervals 4 in the audio recording, by each frequency/amplitude FxAy from the Static Audio File 110 at, or prior to, the commencement of playback of the audio recording by sequentially replicating and sequentially saving sound information related to all, or a plurality of, time intervals Ix from the Static Audio File 110 to the time interval buffer memory, then commencing the sequential parallel data dump from the time interval buffer memory to the frequency/amplitude memory registers. Additionally, the sound card buffer memory can be capable of sequentially storing sound information related to all, or a plurality of, time intervals Ix from the frequency/amplitude memory registers, prior to when the Static Audio Player 120 commences the sequential parallel data dump from the sound card buffer memory to the sound card of the host computer system for subsequent relay/transmission to the Audio Output Device 190.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the sound card buffer memory is empty at start and its buffers can be written one-by-one with the static audio file.
Regarding dependent claim 4, Hair discloses the double-helix scheduling method for soundcard buffers during sound recording and reproduction according to claim 1, but does not explicitly disclose:
wherein a specific process of the step 3 is as follows:
writing N buffers marked with i in a sound reproduction buffer queue in the sound card in the sound recording callback function, wherein i starts from 0, i increases by 1, and i is reset as 0 after being equal to N.
However, Stewart discloses:wherein a specific process of the step 3 is as follows:
writing N buffers marked with i in a sound reproduction buffer queue in the sound card in the sound recording callback function, wherein i starts from 0, i increases by 1, and i is reset as 0 after being equal to N. ([0034-0036] “An audio queue 200 can use any number of buffers. Audio queues 200 may perform memory management for their buffers. When receiving audio data, one audio queue buffer is being filled with audio data acquired from an input device, such as a microphone 114. The remaining buffers in the buffer queue 202 are lined up behind the current buffer, waiting to be filled with audio data in turn. The audio queue 200 hands off filled buffers of audio data to their respective callback function in the order in which they were acquired. When a buffer is filled, the audio queue 200 may invoke the callback, handing it the full buffer. The callback then writes the contents of the buffer to an audio file, for example, in storage (not shown) of device 100.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the audio queue buffers continuously cycle through the buffers in a circular format until the sound recording callback function is performed.
Both Hair and Stewart are in the same field of endeavor as they are both in the audio processing art and, therefore, are combinable/modifiable.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hair's audio processing because Stewart's audio processing is based upon looping callback functions to fill sound buffers until the sound is complete.
Motivation comes from Stewart’s invention to improve audio output based upon continuous callback functions that queue sound buffers to simplify audio output to be output in spurts by enqueued sound buffers as taught by Stewart ([0007]).
Regarding dependent claim 5, Hair discloses the double-helix scheduling method for soundcard buffers during sound recording and reproduction according to claim 4, but does not explicitly disclose:
wherein a specific process of the step 4 is as follows:
adding N buffers marked with j in a sound recording buffer queue in the sound reproduction callback function, wherein j starts from 0, j increases by 1, and j is reset as 0 after being equal to N.
However, Stewart discloses:
wherein a specific process of the step 4 is as follows:
adding N buffers marked with j in a sound recording buffer queue in the sound reproduction callback function, wherein j starts from 0, j increases by 1, and j is reset as 0 after being equal to N. ([0034-0035] “An audio queue 200 can use any number of buffers. Audio queues 200 may perform memory management for their buffers. When receiving audio data, one audio queue buffer is being filled with audio data acquired from an input device, such as a microphone 114. The remaining buffers in the buffer queue 202 are lined up behind the current buffer, waiting to be filled with audio data in turn.” and [0037] “Meanwhile, the audio queue 200 may fill another buffer with freshly acquired data. Once a buffer's contents have been stored, it may be put in line to be filled again. Processing may then repeat where the audio queue 200 again invokes the callback, handing it the next full buffer. The callback writes the contents of this buffer to the audio file in storage, and so forth. This looping steady state may continue until audio output stops.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the audio queue buffers continuously cycle through the buffers in a circular format until the sound reproduction callback function is performed.
Both Hair and Stewart are in the same field of endeavor as they are both in the audio processing art and, therefore, are combinable/modifiable.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hair's audio processing because Stewart's audio processing is based upon looping callback functions to fill sound buffers until the sound is complete.
Motivation comes from Stewart’s invention to improve audio output based upon continuous callback functions that queue sound buffers to simplify audio output to be output in spurts by enqueued sound buffers as taught by Stewart ([0007]).
Regarding dependent claim 7, Hair discloses the double-helix scheduling method for soundcard buffers during sound recording and reproduction according to claim 5, but does not explicitly disclose:
wherein when a signal of real-time sound reproduction is processed, the buffers marked with i in step 3 are required to be taken out for processing before being added in the sound reproduction buffer queue, and a processing result is saved; and
when a signal of real-time sound recording is processed, the buffers marked with j in step 4 are required to be processed before being added in the sound card.
However, Stewart discloses:
wherein when a signal of real-time sound reproduction is processed, the buffers marked with i in step 3 are required to be taken out for processing before being added in the sound reproduction buffer queue, and a processing result is saved; and (Fig. 2 and [0031] “In general, audio queue 200 may include a set of audio queue buffers, each of which is a temporary repository for some audio data; a buffer queue 202, which is an ordered list for the audio queue buffers; and an audio queue callback function. As noted, audio queue buffers can be arranged in a sequence called buffer queue 202. The audio queue buffers can be numbered according to the order in which they are filled--which may be the same order in which they are handed off to the callback.” and [0036] “The audio queue 200 hands off filled buffers of audio data to their respective callback function in the order in which they were acquired. When a buffer is filled, the audio queue 200 may invoke the callback, handing it the full buffer. The callback then writes the contents of the buffer to an audio file, for example, in storage (not shown) of device 100.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the sound recording buffers are filled with the callback to create a full sound reproduction file by filling the sound reproduction buffers with the sound recording, thus the audio file is saved.
when a signal of real-time sound recording is processed, the buffers marked with j in step 4 are required to be processed before being added in the sound card. ([0034-0036] “An audio queue 200 can use any number of buffers. Audio queues 200 may perform memory management for their buffers. When receiving audio data, one audio queue buffer is being filled with audio data acquired from an input device, such as a microphone 114. The remaining buffers in the buffer queue 202 are lined up behind the current buffer, waiting to be filled with audio data in turn. The audio queue 200 hands off filled buffers of audio data to their respective callback function in the order in which they were acquired. When a buffer is filled, the audio queue 200 may invoke the callback, handing it the full buffer. The callback then writes the contents of the buffer to an audio file, for example, in storage (not shown) of device 100.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the audio queue buffers continuously cycle through the buffers in a circular format to process the audio before being added to the sound card for playback.
Both Hair and Stewart are in the same field of endeavor as they are both in the audio processing art and, therefore, are combinable/modifiable.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hair's audio processing because Stewart's audio processing is based upon looping callback functions to fill sound buffers until the sound is saved.
Motivation would improve audio processing based upon continuous callback functions that queue sound buffers to simplify audio output to be output in spurts by enqueued sound buffers with the support of sound cards.
Motivation comes from Stewart’s invention to improve audio output based upon continuous callback functions that queue sound buffers to simplify audio output to be output in spurts by enqueued sound buffers with the support of sound cards as taught by Stewart ([0007] and [0026]).
Regarding dependent claim 8, Hair discloses the double-helix scheduling method for soundcard buffers during sound recording and reproduction according to claim 5, but does not explicitly disclose:
wherein in the step 3 and the step 4, the sound recording callback function and the sound reproduction callback function each write sound reproduction buffers in or add sound recording buffers in the sound card; and
after the sound recording buffers are add in and the buffers are written in the sound card, a corresponding sound recording callback function and sound reproduction callback function are capable of being called; and
calls of the sound recording callback function and the sound reproduction callback function, writing of sound reproduction buffers in the sound card in the sound recording callback function, and addition of sound recording buffers in the sound reproduction callback function are repeatedly circulated until the sound recording and the sound reproduction are finished.
However, Stewart discloses:
wherein in the step 3 and the step 4, the sound recording callback function and the sound reproduction callback function each write sound reproduction buffers in or add sound recording buffers in the sound card; and ([0026-0027] “Drivers 106 may be any software that allows media server 104 and client applications 102 to interact with hardware 108. For example, drivers 106 may comprise a graphics card driver or sound card driver. Hardware 108 generally represents any media hardware that may be included with device 100. For example, device 100 is shown with a speaker 112, a microphone 114, and an audio decompressor 116. Of course, other hardware components may be included in device 100, such as additional speakers (internal or external), a keyboard, a mouse, a display, a printer, sound card, video card, etc.” and [0037] “Meanwhile, the audio queue 200 may fill another buffer with freshly acquired data. Once a buffer's contents have been stored, it may be put in line to be filled again. Processing may then repeat where the audio queue 200 again invokes the callback, handing it the next full buffer. The callback writes the contents of this buffer to the audio file in storage, and so forth. This looping steady state may continue until audio output stops.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the callback functions write the buffer data to storage which, for example, could be to the sound card.
after the sound recording buffers are add in and the buffers are written in the sound card, a corresponding sound recording callback function and sound reproduction callback function are capable of being called; and ([0026-0027] “Drivers 106 may be any software that allows media server 104 and client applications 102 to interact with hardware 108. For example, drivers 106 may comprise a graphics card driver or sound card driver. Hardware 108 generally represents any media hardware that may be included with device 100. For example, device 100 is shown with a speaker 112, a microphone 114, and an audio decompressor 116. Of course, other hardware components may be included in device 100, such as additional speakers (internal or external), a keyboard, a mouse, a display, a printer, sound card, video card, etc.” and [0037] “Meanwhile, the audio queue 200 may fill another buffer with freshly acquired data. Once a buffer's contents have been stored, it may be put in line to be filled again. Processing may then repeat where the audio queue 200 again invokes the callback, handing it the next full buffer. The callback writes the contents of this buffer to the audio file in storage, and so forth. This looping steady state may continue until audio output stops.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the callback functions write the buffer data to storage which, for example, could be to the sound card. After completion of this writing, the callback function may handle the next buffer that is full and waiting in line.
calls of the sound recording callback function and the sound reproduction callback function, writing of sound reproduction buffers in the sound card in the sound recording callback function, and addition of sound recording buffers in the sound reproduction callback function are repeatedly circulated until the sound recording and the sound reproduction are finished. ([0026-0027] “Drivers 106 may be any software that allows media server 104 and client applications 102 to interact with hardware 108. For example, drivers 106 may comprise a graphics card driver or sound card driver. Hardware 108 generally represents any media hardware that may be included with device 100. For example, device 100 is shown with a speaker 112, a microphone 114, and an audio decompressor 116. Of course, other hardware components may be included in device 100, such as additional speakers (internal or external), a keyboard, a mouse, a display, a printer, sound card, video card, etc.” and [0037] “Meanwhile, the audio queue 200 may fill another buffer with freshly acquired data. Once a buffer's contents have been stored, it may be put in line to be filled again. Processing may then repeat where the audio queue 200 again invokes the callback, handing it the next full buffer. The callback writes the contents of this buffer to the audio file in storage, and so forth. This looping steady state may continue until audio output stops.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the callback functions write the buffer data to storage which, for example, could be to the sound card. After completion of this writing, the callback function may handle the next buffer that is full and waiting in line. The looping state of the callback functions continues until the audio output stops, such that the sound recording and sound reproduction have ceased.
Both Hair and Stewart are in the same field of endeavor as they are both in the audio processing art and, therefore, are combinable/modifiable.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hair's audio processing because Stewart's audio processing is based upon looping callback functions to fill sound buffers until the sound is saved.
Motivation comes from Stewart’s invention to improve audio output based upon continuous callback functions that queue sound buffers to simplify audio output to be output in spurts by enqueued sound buffers with the support of sound cards as taught by Stewart ([0007] and [0026]).
5. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hair (U.S. Pub. No. 2014/0112639) in view of Stewart (U.S. Pub. No. 2009/0228125) further in view of Taylor et al. (U.S. Pub. No. 2008/0046893) – hereinafter “Taylor”.
Regarding dependent claim 6, Hair discloses the double-helix scheduling method for soundcard buffers during sound recording and reproduction according to claim 5, but does not explicitly disclose:
wherein in the step 3 and the step 4, before the N buffers marked with i in the sound reproduction buffer queue are written in and the N buffers marked with j in the sound recording buffer queue are added in the sound card, a sub-thread is started, and multi-thread scheduling of the sound recording and reproduction is constructed.
Stewart also does not disclose the limitation. However, Taylor discloses:
wherein in the step 3 and the step 4, before the N buffers marked with i in the sound reproduction buffer queue are written in and the N buffers marked with j in the sound recording buffer queue are added in the sound card, a sub-thread is started, and multi-thread scheduling of the sound recording and reproduction is constructed. (Figs. 2-3 and [0009] “There is a need for a way to run priority-based components, or threads, on a realtime scheduler so that the priority-based component can experience the advantages of a realtime system.” and [0032] “FIG. 3 is a flow diagram depicting a methodological implementation for running a realtime mix loop thread (mix loop module 120) in the audio mixer 116 in accordance with an implementation of the present invention. In the implementation depicted by the flow diagram of FIG. 3, it is noted that the described system is configured to mix at least two buffers ahead of the buffer that the sound card 108 is currently playing, but not more than four buffers ahead. In other words, the mixing takes place two, three, or four buffers ahead of the playing. Given the present example, wherein each buffer contains ten milliseconds of audio data, this gives a latency of from twenty to forty milliseconds.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the multiple threads handle the sound recording buffer queue and the sound reproduction buffer queue at the same time via multi-threading allowing buffers to be jumped based on priority of operation.
Hair, Stewart, and Taylor are all in the same field of endeavor as they are in the audio processing art and, therefore, are combinable/modifiable.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hair's and Stewart’s audio processing because Taylor’s audio processing is based upon multiple priority-based audio component threads on a sound component based on a real-time schedule.
Motivation comes from Taylor’s invention to improve audio processing based upon multi-threaded scheduling of sound recording/reproduction such that both the recording and reproduction can occur simultaneously via multiple queues on multiple threads so that sound delay is shortened as taught by Taylor ([0007-0009] and [0026]).
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Such prior art includes:
- Smith (U.S. Patent No. 8,081,621) at fig. 5-6 and col. 4, ll. 24-36
- Shin (U.S. Pub. No. 2022/0222451) at [0160]
- LaClair (U.S. Patent No. 10,008,215) at col. 4, ll. 4-13
- Zhou (U.S. Pub. No. 2017/0318161) at [0011] and [0074]
- Jekeswaran (U.S. Pub. No. 2022/0293097) at [0054] and [0067]
Examiner has cited particular columns/paragraphs/sections and line numbers in the references applied and not relied upon to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
When responding to the Office action, applicant is advised to clearly point out the patentable novelty the claims present in view of the state of the art disclosed by the reference(s) cited or the objections made. A showing of how the amendments avoid such references or objections must also be present. See 37 C.F.R. 1.111(c).
When responding to this Office action, applicant is advised to provide the line and page numbers in the application and/or reference(s) cited to assist in locating the appropriate paragraphs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL B TRAINOR whose telephone number is (571)272-3710. The examiner can normally be reached Monday-Friday 9AM-5PM.
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/D.T./Examiner, Art Unit 2198
/PIERRE VITAL/Supervisory Patent Examiner, Art Unit 2198
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