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 .
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 9-18, 23, 24 and 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Barreiro et al. (US 20220124448 A1; hereafter Barreiro) in view of Yang (“Personalized Head Related Transfer Functions for Earables”, cited by IDS filed on 6/14/2024).
Before further analysis of the claimed features, the word “extrapolate” and the phase “associated with” would be defined first.
Definition of the word extrapolate: to predict by projecting past experience or known data; EXTRAPOLATE Definition & Meaning - Merriam-Webster.
Definition of the word associated with: being connected, linked, or related to something else; associated with meaning - Google Search.
Regarding claims 1, 2, 4,10, 12, Barreiro discloses an apparatus for processing audio data, comprising:
one or more memories (22; Fig. 1, [0021], [0136]); and
one or more processors (20; [0021], [0136]) coupled to the one or more memories, the one or more processors being configured to:
determine, using a plurality of audio measurements associated with a near-field measurement distance, a set of near-field Head-Related Transfer Functions (HRTFs) corresponding to a user, wherein each audio measurement of the plurality of audio measurements is obtained using a respective measurement position ([0057]-[0064]; the measurement is based on arm-length which is considered as near-field HRTF);
compare a set of far-field HRTFs to one or more candidate far-field HRTF sets, wherein the one or more candidate far-field HRTF sets are obtained based on anthropometric features corresponding to the user ([0107], [[0088]) and wherein the configured far-field measurement distance (representing the distance for far-field HRTF) is associated with the one or more candidate far-field HRTF sets (“where the user's dataset also comprises notional test positions for far field positions, then these can be compared with the corresponding data for the far field notional test positions (e.g. the HRTF for these notional test positions, or corresponding impulse or frequency response data” in [0107]); and
determine an individualized HRTF set for the user based on a candidate far-field HRTF set of the one or more candidate far-field HRTF sets having minimum spectral differences from the set of far-field HRTFs ([0078], [0082], e.g.).
Barreiro fails to show extrapolate the set of near-fields HRTFs to generating a set of far-field HRTFs at a configured far-field measurement distance and corresponding to the user based on the set of near-field HRTFs.
Barreiro suggests that the far-field HRTFs could be measured by asking another person to place the sound generator distanced away from the user ([0064], [0107], e.g.), that is, another person is required to assist the user for measuring far-field impulse responses by placing a sound source beyond the arm reach distance. In the same field of endeavor, Yang teaches generating a set of far-field HRTFs at a configured far-field measurement distance (Figs. 12 and 13) and corresponding to the user based on the set of near-field HRTFs (sect. 3.2 on p. 140, sect. 4.3, Figs. 12 and 13). By do so, no additional person, other than the user, is required to obtain far-field HRTFs at a configured measurement distance. The conversion of near-field HRTFs to a set of far-field HRTFs at a configured far-field measurement distance taught in Yang reads on the claimed “extrapolate …”. Far-field HRTF is a term representing HRTF beyond the near-field distance (see Fig. 12 of Yang, e.g.). In view of the definition of “associated with”, the configured far-field measurement distance defining far-field HRTF in Yang or far-field HRTF in Barreiro is associated with one or more candidate far-field HRTF sets as the far field HRTF in either Yand or Barreiro is being utilized for generating spatial sound effect for sound source located in a far-field, just as how the one or more candidate far-field HRTF set would be utilized for sound generation for a source located in a far-field.
Thus, it would have been obvious to one of ordinary skill in the art to modify Barreiro by utilizing the process of generating far-field HRTFs as taught in Yang in order to simplifying the generation of a set of far-field HRTFs without additional assistance from another person.
Regarding claim 3, the claimed “each candidate far-field HRTF set” reads on at least the set being utilized for comparison.
Regarding claim 5, Barreiro inherently teaches a plurality of predetermined far-field HRTF sets or database ([0046], [0083], [0088]).
Regarding claim 9, Barreiro teaches refining a plurality of candidate far-field HRTF sets ([0089], [0080], [0084], [0094], [0095], [0109]).
Regarding claim 11, Barreiro discloses the handheld device ([0048]) and a pair of ear-worn devices (Fig. 7).
Regarding claim 13, Barreiro discloses analyzing image data ([0052], [0054], e.g.).
Regarding claims 14 and 15, the claimed feature is a characteristic of HRTF based on the measurement at the ears.
Regarding claims 16-18, Barreiro discloses a microphone (712, [0069]).
Regarding claims 23 and 24, Barreiro discloses a sweep signal ([0103], [0108]), and left and right measurements ([0069]-[0072]).
Claims 26-29 correspond to claims 1-3 and 9 discussed above.
Claim(s) 6-8, 19-22 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Barreiro and Yang as applied to claims 1, 5 and 26 above, and further in view of Norris et al. (US 20150373477 A1; hereafter Norris).
Regarding claims 6-8 and 30, Barreiro fails to show detail of determining anthropometric features. Nevertheless, Barreiro teaches a camera ([0053], [0054]). In the same field of endeavor, Norris teaches selecting HRTF best matching the user’s physical attributes ([0190], [0192], [0193]). Norris further teaches using a camera of a handheld device for taking image data of user’s ear ([0189], [0196], [0197]). Thus, it would have been obvious to one of ordinary skill in the art to modify the combination of Barreiro and Yang in view of Norris by utilizing a camera on a handheld device for obtaining image of the user’s ear in order to find the best match efficiently.
Regarding claims 19-21, the process taught in Yang reads on the claimed extrapolation.
Regarding claim 22, the claimed “a plurality of different near-field measurement distances” inherently reads on various distances naturally occurred when the user manually holds the device
Claim(s) 25 is rejected under 35 U.S.C. 103 as being unpatentable over Barreiro and Yang as applied to claim 26 above, and further in view of Riggs et al. (US 20160269849 A1; hereafter Riggs).
Regarding claim 25, Barreiro fails to show performing noise suppression or noise cancellation. However, it is common knowledge that the microphone worn by the user would pick up any signal, including noise, presented in the environment. Figs. 2s, 3B, 5 and 6 of Barreiro illustrate the clean signal detected by the microphone. Any detected noise would contaminate the clean signal. In the same field of endeavor, Riggs teaches performing noise suppression for the audio measurement when determining HRTFs ([0120], [0121]). Thus, it would have been obvious to one of ordinary skill in the art to modify the combination of Barreiro and Yang in view of Riggs by performing noise suppression in order to ensure the integrity of the audio measurements.
Response to Arguments
Applicant's arguments filed 8/3/2026 have been fully considered but they are not persuasive.
On p. 12, applicant argued that neither Barreiro nor Yang (individually or in combination) suggests extrapolating a set of near-field HRTFs to generate a set of far-field HRTFs at a configured far-field measurement distance associated with candidate far-field HRTF sets. The office disagrees.
A HRTF is a far-field HRTF when it represents a transfer function of a sound source beyond the near-field, which is within arm’s reach in both Barreiro ([0055]) and Yang (first column of p. 138). Thus, far-field HRTF in both Barreiro and Yang is a measurement of a transfer function at a configured distance which is a distance beyond the threshold of the near-field distance.
Definition of the word extrapolate: to predict by projecting past experience or known data; EXTRAPOLATE Definition & Meaning - Merriam-Webster. Yang teaching in sect. 3.2 and sect. 4.3 broadly reads on the action of extrapolation a set of near-field HRTFs to generate a set of far-field HRTFs at a configured far-field distance.
Definition of the word associated with: The phrase "associated with" means being connected, linked, or related to something else; associated with meaning - Google Search. The far-field HRTFs in Barreiro are being utilized to comparing with the corresponding far-field HRTF data in notional test positions ([0107]). When the near-field HRTFs in Barreiro is being extrapolated to yield far-field HRTFs at a configured far-field distance (converted as shown in Fig. 6, sect. 3.2 and sect. 4.3 as taught in Yang), the extrapolated data (far-field HRTFs) would be compared with data at the notional test positions, wherein the data at the notional test positions is related to the extrapolated far-field HRTFs at a configured measurement distance.
Thus, the combination of Barreiro and Yang meets the claimed feature.
On p. 13, applicant argued that the combination of Barreiro and Yang fails to explain why Yang’s generated far-field HRTF would be used only as an intermediate comparison input within Barreiro’s reference-matching system. The office would like to point out that the combination of Barreiro and Yang meets the structure as specified in claim 1 and the processing step as specified in claim 26. Neither claim 1 nor claim 26 specifies “far-field HRTF would be used only as an intermediate comparison input”.
On p. 13, applicant argued why the configured far-field measurement distance used for the extrapolation would be associated with the candidate far-field HRTF sets obtained based on the user’s anthropometric features. The phrase “associated with” could be broadly interpreted as being connected, linked, or related to something else. Barreiro clearly teaches measured far-field HRTFs, assisted by another person, at a configured far-field measurement distance; wherein the configured far-field measurement distance is associated with the one more candidate far-field HRTF sets. By modifying Barreiro in view of Yang, the measured far-field HRTFs at a configured far-field measurement distance (assisted by another person) are replaced with extrapolated far-field HRTFs at a configured far-field measurement distance based on the measured near-field HRTFs. Assuming the extrapolated far-field HRTF (in view of the combination of Barreiro and Yang) for the user is X, following the teaching of Barrerio ([0107]), X would be compared with the corresponding data for the far field notational test positions (of reference individuals). A separate near-field and far-field HRTFs could be selected. As one skilled in the art would have expected, the combination of Barrerio and Yang would work well with the original teaching on how to select the HRTFs of reference individual based on the extrapolated far-field HRTFs at a configured measurement distance.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PING LEE whose telephone number is (571)272-7522. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PING LEE/Primary Examiner, Art Unit 2695
