DETAILED ACTION
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
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Claim 1-2,4-5,7-8,10-15,17-18 and 20 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1,2,5-7,15,18 of U.S. Patent No. 11,405,722 and/or claim 1-5,7,11-15,18,20 of U.S. Patent No. 12,069,447.
Regarding claim 1-2,4-5,7-8,10-15,17-18 and 20,
Instant Application
US Patent 11,405,722
US Patent 12,069,447
1. An image capture device comprising: a microphone configured to obtain an audio signal; another microphone configured to obtain another audio signal; and a processor configured to: generate a cardioid beam based on the audio signal obtained by the microphone and the other audio signal captured by the other microphone, wherein the cardioid beam is co-oriented with at least one optical component; generate an omni beam based on the other audio signal obtained by the other microphone, wherein tuned beamforming parameters are applied to the audio signal obtained by the other microphone to account for body shadowing effects; and output an output audio signal based on the cardioid beam and the omni beam.
1. An image capture device with beamforming for wind noise optimized microphone placements, the image capture device comprising: a front facing microphone configured to capture an audio signal, the front facing microphone co-located with at least one optical component; at least one non-front facing microphone configured to capture an audio signal; and a processor configured to: apply tuned beamforming parameters to the audio signal captured by the front facing microphone to account for body shadowing and delay effects; generate a forward facing beam using the audio signal captured by the front facing microphone and the audio signal captured by the at least one non-front facing microphone; generate an omni beam using the audio signal captured by the at least one non-front facing microphone; and output an audio signal based on the forward facing beam and the omni beam.
1. An image capture device comprising: a microphone configured to capture an audio signal; another microphone configured to capture another audio signal; and a processor configured to: generate a first beam based on the audio signal captured by the microphone and the other audio signal captured by the other microphone, wherein the first beam is co-oriented with at least one optical component, wherein beamforming parameters are applied to the audio signal captured by the microphone, and wherein the beamforming parameters account for body shadowing effects; generate a second beam based on the other audio signal captured by the other microphone; and output an output audio signal based on the first beam and the second beam. 7. The device of claim 6, wherein the second beam is an omni beam. 11. The device of claim 10, wherein the second beam is a cardioid beam.
2. The device of claim 1, wherein the other microphone is a side microphone.
2. The device of claim 1, wherein the at least one non-front facing microphone is a side microphone.
2. The device of claim 1, wherein the other microphone is a side microphone.
3. The device of claim 1, wherein the other microphone is a top microphone.
3. The device of claim 1, wherein the other microphone is a top microphone.
4. The device of claim 1, wherein the microphone and the least another microphone are angularly offset from an optical axis of the at least one optical component.
6. The device of claim 1, wherein the front facing microphone and the least one non-front facing microphone are angularly offset from an optical axis of the at least one optical component.
4. The device of claim 3, wherein the microphone and the least another microphone are angularly offset from an optical axis of the at least one optical component.
5. The device of claim 4, wherein the tuned beamforming parameters account for delay effects.
1. An image capture device with beamforming for wind noise optimized… apply tuned beamforming parameters… account for body shadowing and delay effects…
5. The device of claim 1, wherein the beamforming parameters account for delay effects.
7. The device of claim 6, wherein the processor is further configured to: apply tuned beamforming parameters to the audio signal obtained by the microphone.
1. An image capture device…apply tuned beamforming parameters to the audio signal captured by the front facing microphone…
1. An image capture device comprising: … beamforming parameters are applied to the audio signal captured by the microphone…
8. The device of claim 7, wherein the tuned beamforming parameters applied to the audio signal obtained by the microphone account for body shadowing effects.
1. An image capture device…apply tuned beamforming parameters to the audio signal captured by the front facing microphone to account for body shadowing and delay effects…
1. An image capture device comprising: … beamforming parameters are applied to the audio signal captured by the microphone, and wherein the beamforming parameters account for body shadowing effects…
10. The device of claim 8, wherein the tuned beamforming parameters applied to the audio signal obtained by the microphone account for delay effects.
1. An image capture device with beamforming for wind noise optimized… apply tuned beamforming parameters… account for body shadowing and delay effects…
5. The device of claim 1, wherein the beamforming parameters account for delay effects.
11. The device of claim 1, wherein the microphone and the other microphone are relationally offset from an optical axis of the at least one optical component.
5. The device of claim 1, wherein the front facing microphone and the least one non-front facing microphone are relationally offset from an optical axis of the at least one optical component.
4. The device of claim 3, wherein the microphone and the least another microphone are angularly offset from an optical axis of the at least one optical component.
12. A method for beamforming for wind noise optimized microphone placements, the method comprising: generating an audio-source-facing beam from an audio signal obtained by an audio-source-facing microphone and an audio signal obtained by a non-audio-source-facing microphone; generating an omni beam from at least the audio signal obtained by the non-audio-source-facing microphone, wherein tuned beamforming parameters are applied to the audio signal obtained by the non-audio-source-facing microphone to account for body shadowing effects; and outputting another audio signal based on the audio-source-facing beam and the omni beam.
15. A method for beamforming for wind noise optimized microphone placements, the method comprising: capturing an audio signal from an audio source facing microphone on an image capture device; capturing an audio signal from another microphone on the image capture device, the microphone and the other microphone being angularly offset from an optical axis of an optical component on the image capture device; applying tuned beamforming parameters to the audio signal captured by the other microphone to account for body shadowing and delay effects; generating an audio source facing beam from the audio signal captured by the audio source facing microphone and the audio signal captured by the other microphone; generating a non-rear facing beam from at least the audio signal captured by the other microphone, wherein the non-rear facing beam leans more toward an audio source than away from the audio source; and outputting an audio signal based on the audio source facing beam and the non-rear facing beam.
12. A method for beamforming for wind noise optimized microphone placements, the method comprising: generating a first beam based on an audio signal captured by a microphone on an image capture device and an audio signal captured by at least another microphone on the image capture device, wherein the first beam is co-oriented with at least one optical component; wherein beamforming parameters are applied to the audio signal captured by the microphone, and wherein the beamforming parameters account for body shadowing effects; generating a second beam based on the audio signal captured by at least the at least another microphone; and outputting an output audio signal based on the first beam and the second beam.
7. The device of claim 6, wherein the second beam is an omni beam.
13. The method of claim 12, wherein the non-audio-source facing microphone is a side microphone.
18. The method of claim 15, wherein the other microphone is a side microphone.
13. The method of claim 12, wherein the at least another microphone is a side microphone.
14. The method of claim 12, wherein the audio-source-facing microphone and the non-audio-source-facing microphone are relationally offset from an optical axis of an optical component.
13. The device of claim 7, wherein the microphone and the other microphone are relationally offset from an optical axis of the at least one optical component.
14. The method of claim 13, wherein the microphone and the least another microphone are relationally offset from an optical axis of the at least one optical component.
15. The method of claim 14, wherein the tuned beamforming parameters account for delay effects.
15. A method for beamforming…applying tuned beamforming parameters to the audio signal captured by the other microphone to account for body shadowing and delay effects…
15. The method of claim 12, wherein the beamforming parameters account for delay effects.
17. The method of claim 16, wherein the generating the audio-source-facing beam further comprises: applying tuned beamforming parameters to the audio signal captured by the audio-source-facing microphone.
18. The method of claim 17, wherein the generating the first beam further comprises: applying beamforming parameters to the audio signal captured by the microphone and the audio signal captured by the at least another microphone.
18. The method of claim 17, wherein the tuned beamforming parameters applied to the audio signal captured by the audio-source-facing microphone account for delay effects.
15. The method of claim 12, wherein the beamforming parameters account for delay effects.
20. An image capture device comprising: a front facing microphone configured to obtain an audio signal, the front facing microphone co-located with at least one optical component; at least one non-front facing microphone configured to obtain an audio signal; and a processor configured to: generate a forward facing beam using the audio signal obtained by the front facing microphone and the audio signal obtained by the at least one non-front facing microphone; generate an omni beam using the audio signal obtained by the non-front facing microphone, wherein beamforming parameters are applied to the audio signal captured by the non-front facing microphone to account for body shadowing effects; and output an output audio signal based on the forward facing beam and the omni beam.
7. An image capture device with beamforming for wind noise optimized microphone placements, the image capture device comprising: a microphone configured to capture an audio signal, the microphone co-located with at least one optical component; another microphone configured to capture an audio signal; and a processor configured to: apply tuned beamforming parameters to the audio signal captured by the microphone and the audio signal captured by the other microphone to account for body shadowing and delay effects; generate an audio source facing beam using the audio signal captured by the microphone and the audio signal captured by the other microphone; generate a non-rear facing beam using the audio signal captured by the other microphone, wherein the non-rear facing beam leans more toward an audio source than away from the audio source; and output an audio signal based on the audio source facing beam and the non-rear facing beam.
20. An image capture device comprising: a microphone configured to capture an audio signal; another microphone configured to capture another audio signal; and a processor configured to: generate an audio source facing beam based on the audio signal captured by the microphone and the other audio signal captured by the other microphone, wherein the audio source facing beam is co-oriented with at least one optical component; beamforming parameters are applied to the audio signal captured by the microphone, and wherein the beamforming parameters account for body shadowing effects; generate an audio source leaning beam using the other audio signal captured by the other microphone; and output an output audio signal based on the audio source facing beam and the audio source leaning beam. 7. The device of claim 6, wherein the second beam is an omni beam.
Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is claiming a obvious wording variation of the claims of the patent application.
Claim 3 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of U.S. Patent No. 11,405,722 in view of Jing US PG-Pub 2018/0084215.
Regarding claim 3, Claim 1 of US Pat 11,405,722 failed to explicitly teach a microphone on top.
However, Jing teaches a top microphone ([0057]: having a top microphone). Therefore, 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, because placing a microphone on top of a device is an inventor choice an no unexpected result will arise.
Claim 6, 9, 16 and 19 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of U.S. Patent No. 11,405,722 (similar to Claim1 of US Patent No. 12,069,447) in view of Nicholson US PG-Pub 2020/0312293.
Regarding claim 6, 9, 16 and 19, Claim 1 of US Pat 11,405,722 (similar to claim 1 of US Pat 12,069,447) are teaching tuning beamforming parameters of audio capture by microphones where the beam is coming from front and omnidirectional. Claim 1 failed to teach beamforming parameter for broadside beamforming. However, Nicholson teaches calculation for performing broadside beamforming ([0046]: doing beamforming using microphone array for broadside beamforming). Therefore, 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, because broadside beamforming is an alternate beamforming technique.
Conclusion
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WILLIAM A. JEREZ LORA
Examiner
Art Unit 2695
/WILLIAM A JEREZ LORA/Primary Examiner, Art Unit 2695
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