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 .
DETAILED ACTION
This action is in response to the remarks the Applicant filed on 05/11/2026.
Claims 1-21 stand rejected under non-statutory double patenting and are objected to for pending allowable subject matter subject to the resolution of the double patenting rejections, and are pending in which claims 1, 8 and 15 are independent.
Response to Arguments
Applicant’s arguments filed 5/11/2026 with respect to 1-21 have been fully and respectfully considered. The 35 U.S.C. 103 rejections made to the claims 1-21 are hereby withdrawn.
Double Patenting Rejection
The non-statutory 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).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1-21 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12105753. Although the claims at issue are not identical, they are not patentably distinct from each other because they are substantially similar in scope and they use the same limitations. Especially, the U.S. Patent No. 12105753 discloses more details in logic assets with the application scenario. Therefore, it would have been obvious to one of ordinary skill in the art to realize that claims 1-21 of the instant application is fully disclosed by the U.S. Patent No. 12105753.
The following table shows the claims in Instant Application that are rejected by corresponding claim(s) in U.S. Patent No. 12105753.
12105753
Instant Application
8. At least one non-transitory computer readable storage medium comprising instructions that, when executed, cause one or more processors to at least:
execute a constant Q transform on time slices of first audio data to output constant Q transformed time slices;
binarize the constant Q transformed time slices to output binarized and constant Q transformed time slices;
execute a two-dimensional Fourier transform on time windows within the binarized and constant Q transformed time slices to output two-dimensional Fourier transforms of the time windows;
generate a reference data structure based on a sequential order of the two-dimensional Fourier transforms;
store the reference data structure in a database; and
identify a query data structure associated with query audio data as a cover rendition of the audio data based on a comparison of the query data structure and the reference data structure using the similarity matrix,
wherein the similarity matrix indicates degrees to which reference portions of the reference data structure are associated with query portions of the query data structure, and
wherein the at least one degree satisfies a corresponding threshold.
9. The at least one non-transitory computer readable storage medium of claim 8, wherein the instructions cause the one or more processors to:
determine a distance measure between the query data structure and the reference data structure based on the similarity matrix; and
store an association in the database between the reference audio and the query audio based on the distance measure, the association to identify the query audio as the cover rendition.
10. The at least one non-transitory computer readable storage medium of claim 9, wherein the instructions are to cause the one or more processors to:
convolve the similarity matrix with a checkerboard kernel to generate a first convolved similarity matrix, the first convolved similarity matrix to include one or more positive elements and one or more negative elements; and
replace the one or more negative elements with zeros to generate a second convolved similarity matrix; and
wherein: the determination of the distance measure between the query data structure and the reference data structure is based on the second convolved similarity matrix.
11. The at least one non-transitory computer readable storage medium of claim 8, wherein the instructions are to cause the one or more processors to:
group the binarized and constant Q transformed time slices into the time windows prior to the execution of the two-dimensional Fourier transform on the time windows, the time windows to include overlapping time windows of uniform duration; and
apply a blur algorithm to the two-dimensional Fourier transforms of the time windows prior to the sequential ordering of the two-dimensional Fourier transforms in the reference data structure.
12. The at least one non-transitory computer readable storage medium of claim 8, wherein the instructions are to cause the one or more processors to, for respective ones of the constant Q transformed time slices, determine a median value of a range of constant Q transformed time slices that encompasses the respective ones of the constant Q transformed time slices and binarizing the constant Q transformed time slices based on the median value.
13. The at least one non-transitory computer readable storage medium of claim 8, wherein the instructions are to cause the one or more processors to:
obtain metadata associated with the query audio from a content source;
access the database using the metadata to identify a plurality of reference data structures including the reference data structure;
determine a rank of the reference data structure with respect to the plurality of reference data structures; and
after a determination that the rank of the reference data structure satisfies a threshold, identify the reference data structure for comparison with the query data structure.
14. The at least one non-transitory computer readable storage medium of claim 13, wherein the content source is at least one of (i) a stream of a live broadcast, (ii) a music sharing site, (iii) a video sharing site, or (iv) a social networking feed, a post, update, or a tweet of a social network.
1. An apparatus comprising:
at least one memory;
machine-readable instructions; and
one or more processors to execute the machine-readable instructions to at least:
execute a constant Q transform on time slices of first audio data to output constant Q transformed time slices;
binarize the constant Q transformed time slices to output binarized and constant Q transformed time slices;
execute a two-dimensional Fourier transform on time windows within the binarized and constant Q transformed time slices to output two-dimensional Fourier transforms of the time windows;
generate a reference data structure based on a sequential order of the two-dimensional Fourier transforms;
store the reference data structure in a database; and
identify a query data structure associated with query audio data as a cover rendition of the audio data based on a comparison of the query data structure and the reference data structure using a similarity matrix,
wherein the similarity matrix indicates at least one degree to which reference portions of the reference data structure are associated with query portions of the query data structure, and
wherein the at least one degree satisfies a corresponding threshold.
2. The apparatus of claim 1, wherein the one or more processors are to:
determine a distance measure between the query data structure and the reference data structure based on the similarity matrix; and
store an association in the database between the reference audio and the query audio based on the distance measure, the association to identify the query audio as the cover rendition.
3. The apparatus of claim 2, wherein the one or more processors are to:
convolve the similarity matrix with a checkerboard kernel to generate a first convolved similarity matrix, the first convolved similarity matrix to include one or more positive elements and one or more negative elements; and
replace the one or more negative elements with zeros to generate a second convolved similarity matrix; and wherein: the determination of the distance measure between the query data structure and the reference data structure is based on the second convolved similarity matrix.
4. The apparatus of claim 1, wherein the one or more processors are to:
group the binarized and constant Q transformed time slices into the time windows prior to the execution of the two-dimensional Fourier transform on the time windows, the time windows to include overlapping time windows of uniform duration; and
apply a blur algorithm to the two-dimensional Fourier transforms of the time windows prior to the sequential ordering of the two-dimensional Fourier transforms in the reference data structure.
5. The apparatus of claim 1, wherein the one or more processors are to, for respective ones of the constant Q transformed time slices,
determine a median value of a range of constant Q transformed time slices that encompasses the respective ones of the constant Q transformed time slices and binarizing the constant Q transformed time slices based on the median value.
6. The apparatus of claim 1, wherein the one or more processors are to:
obtain metadata associated with the query audio from a content source;
access the database using the metadata to identify a plurality of reference data structures including the reference data structure;
determine a rank of the reference data structure with respect to the plurality of reference data structures; and
after a determination that the rank of the reference data structure satisfies a threshold, identify the reference data structure for comparison with the query data structure.
7. The apparatus of claim 6, wherein the content source is at least one of (i) a stream of a live broadcast, (ii) a music sharing site, (iii) a video sharing site, or (iv) a social networking feed, a post, update, or a tweet of a social network.
15. A method comprising:
executing a constant Q transform on time slices of first audio data to output constant Q transformed time slices;
binarizing the constant Q transformed time slices to output binarized and constant Q transformed time slices;
executing a two-dimensional Fourier transform on time windows within the binarized and constant Q transformed time slices to output two-dimensional Fourier transforms of the time windows;
generating a reference data structure based on a sequential order of the two-dimensional Fourier transforms;
storing the reference data structure in a database; and
identifying a query data structure associated with query audio data as a cover rendition of the audio data based on a comparison of the query data structure and the reference data structure using the similarity matrix,
wherein the similarity matrix indicates degrees to which reference portions of the reference data structure are associated with query portions of the query data structure, and
wherein the at least one degree satisfies a corresponding threshold.
16. The method of claim 15, further including:
generating a similarity matrix that indicates degrees to which reference portions of the reference data structure are associated with query portions of the query data structure;
determining a distance measure between the query data structure and the reference data structure based on the similarity matrix; and
storing an association in the database between the reference audio and the query audio based on the distance measure, the association to identify the query audio as the cover rendition.
21. The method of claim 20, wherein the content source is at least one of (i) a stream of a live broadcast, (ii) a music sharing site, (iii) a video sharing site, or (iv) a social networking feed, a post, update, or a tweet of a social network.
17. The method of claim 16, further including:
convolving the similarity matrix with a checkerboard kernel to generate a first convolved similarity matrix, the first convolved similarity matrix to include one or more positive elements and one or more negative elements; and
replacing the one or more negative elements with zeros to generate a second convolved similarity matrix; and wherein:
the determining of the distance measure between the query data structure and the reference data structure is based on the second convolved similarity matrix.
18. The method of claim 15, further including:
arranging the binarized and constant Q transformed time slices into the time windows prior to the execution of the two-dimensional Fourier transform on the time windows, the time windows to include overlapping time windows of uniform duration; and
executing a blur algorithm to the two-dimensional Fourier transforms of the time windows prior to the sequential ordering of the two-dimensional Fourier transforms in the reference data structure.
19. The method of claim 15, further including, for respective ones of the constant Q transformed time slices, determining a median value of a range of constant Q transformed time slices that encompasses the respective ones of the constant Q transformed time slices and binarizing the constant Q transformed time slices based on the median value.
20. The method of claim 15, further including:
obtaining metadata associated with the query audio from a content source;
querying the database using the metadata to identify a plurality of reference data structures including the reference data structure;
determining a rank of the reference data structure with respect to the plurality of reference data structures; and
after a determination that the rank of the reference data structure satisfies a threshold, identifying the reference data structure for comparison with the query data structure.
1. A tangible non-transitory, computer-readable storage medium comprising instructions, that, when executed by one or more processors, causes the one or more processors to perform performance of a set of operations comprising:
retrieving rights metadata associated with query audio from a content source;
identifying the query audio based on a search query, wherein the search query comprises the rights metadata;
generating a query data structure associated with the query audio by binarizing, using an adaptive thresholding algorithm, a constant O transformation of time slices of the query audio, and executing a two-dimensional Fourier transform on a representation of the query audio; and
identifying the query audio as a cover rendition of a reference audio based on comparing the query data structure and a reference data structure generated from one or more tempo-adjusted versions of the reference audio.
2. The tangible non-transitory, computer-readable storage medium of claim 1, wherein the rights metadata comprises one or more of: (i) an artist, (ii) a title, (iii) a publisher; (iv) license information, (v) right holder information, and (v) royalty information, associated with the query audio.
3. The tangible non-transitory, computer-readable storage medium of claim 1, wherein the content source comprises one or more of: (i) a stream of a live broadcast, (ii) a music sharing site, (iii) a video sharing site, (iv) a social networking feed of a social network, (v) a post of a social network, (vi) an update of a social network, and (vii) a tweet of a social network.
4. The tangible non-transitory, computer-readable storage medium of claim 1, wherein generating a query data structure associated with query audio comprises:
generating the representation of the query audio by:
executing a constant Q transform on query time slices of the query audio; and
binarizing the constant Q transformed query time slices; and
generating the query data structure based on a sequential order of the two-dimensional Fourier transforms.
21. The tangible non-transitory, computer-readable storage medium of claim 1,
wherein the representation comprises a constant Q transformed representation of the query audio, and
wherein the two-dimensional Fourier transform is applied to a time window of the representation.
5. The tangible non-transitory, computer-readable storage medium of claim 1,
wherein comparing the query data structure and a reference data structure comprises generating a similarity matrix,
wherein the similarity matrix indicates at least one degree to which reference portions of the reference data structure are associated with query portions of the query data structure, and
wherein the at least one degree satisfies a corresponding threshold.
6. The tangible non-transitory, computer-readable storage medium of claim 1, wherein the search query further comprises content source metadata.
7. The tangible non-transitory, computer-readable storage medium of claim 1,
wherein the set of operations further comprises selecting a subset of a reference audio content based on the rights metadata,
wherein the subset of reference audio content comprises the reference audio.
8. A computing device comprising:
one or more processors; and
a tangible non-transitory, computer-readable storage medium comprising instructions, that, when executed by the one or more processors, causes the one or more processors to perform of a set of operations comprising:
retrieving rights metadata associated with query audio from a content source;
identifying the query audio based on a search query, wherein the search query comprises the rights metadata;
generating a query data structure associated with the query audio by binarizing, using an adaptive thresholding algorithm, a constant O transformation of time slices of the query audio, and executing a two-dimensional Fourier transform on a representation of the query audio; and
identifying the query audio as a cover rendition of a reference audio based on comparing the query data structure and a reference data structure generated from one or more tempo-adjusted versions of the reference audio.
9. The computing device of claim 8, wherein the rights metadata comprises one or more of: (i) an artist, (ii) a title, (iii) a publisher; (iv) license information, (v) right holder information, and (v) royalty information, associated with the query audio.
10. The computing device of claim 8, wherein the content source comprises one or more of: (i) a stream of a live broadcast, (ii) a music sharing site, (iii) a video sharing site, (iv) a social networking feed of a social network, (v) a post of a social network, (vi) an update of a social network, and (vii) a tweet of a social network.
11. The computing device of claim 8, wherein generating a query data structure associated with query audio comprises:
generating the representation of the query audio by:
executing a constant Q transform on query time slices of the query audio; and
binarizing the constant Q transformed query time slices; and
generating the query data structure based on a sequential order of the two-dimensional Fourier transforms.
12. The computing device of claim 8, wherein comparing the query data structure and a reference data structure comprises generating a similarity matrix,
wherein the similarity matrix indicates at least one degree to which reference portions of the reference data structure are associated with query portions of the query data structure, and
wherein the at least one degree satisfies a corresponding threshold.
13. The computing device of claim 8, wherein the search query further comprises content source metadata.
14. The computing device of claim 8, wherein the set of operations further comprises selecting a subset of a reference audio content based on the rights metadata,
wherein the subset of reference audio content comprises the reference audio.
15. A computer-implemented method comprising:
retrieving rights metadata associated with query audio from a content source;
identifying the query audio based on a search query, wherein the search query comprises the rights metadata;
generating a query data structure associated with query audio by binarizing, using an adaptive thresholding algorithm, a constant O transformation of time slices of the query audio, and executing a two-dimensional Fourier transform on a representation of the query audio; and
identifying the query audio as a cover rendition of a reference audio based on comparing the query data structure and a reference data structure generated from one or more tempo-adjusted versions of the reference audio.
16. The computer-implemented method of claim 15, wherein the rights metadata comprises one or more of: (i) an artist, (ii) a title, (iii) a publisher; (iv) license information, (v) right holder information, and (v) royalty information, associated with the query audio.
17. The computer-implemented method of claim 15, wherein the content source comprises one or more of: (i) a stream of a live broadcast, (ii) a music sharing site, (iii) a video sharing site, (iv) a social networking feed of a social network, (v) a post of a social network, (vi) an update of a social network, and (vii) a tweet of a social network.
18. The computer-implemented method of claim 15, wherein generating a query data structure associated with query audio comprises:
executing a constant Q transform on query time slices of the query audio; and
binarizing the constant Q transformed query time slices; and
generating the query data structure based on a sequential order of the two-dimensional Fourier transforms.
19. The computer-implemented method of claim 15,
wherein comparing the query data structure and a reference data structure comprises generating a similarity matrix,
wherein the similarity matrix indicates at least one degree to which reference portions of the reference data structure are associated with query portions of the query data structure, and
wherein the at least one degree satisfies a corresponding threshold.
20. The computer-implemented method of claim 15, wherein the computer-implemented method further comprises selecting a subset of a reference audio content based on the rights metadata,
wherein the subset of reference audio content comprises the reference audio.
“Omission of element and its function in combination is obvious expedient if the remaining elements perform same functions as before.” See In re Karlson (CCPA) 136 USPQ 184, decide Jan 16, 1963, Appl. No. 6857, U.S. Court of Customs and Patent Appeals.
Allowable Subject Matter
Claims 1-21 are objected to as being rejected under the non-statutory double patenting rejection made against U.S. Patent 12105753 which was issued to the immediate parent application of the instant application. A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application. The claims 1-21 would be allowable should a terminal disclaimer as such filed and approved.
Related Prior Arts
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892 Notice of Reference Cited.
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.
Examiner has cited particular columns and line numbers in the references applied 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. SEE MPEP 2141.02 [R-5] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984) In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004). >See also MPEP §2123.
In the case of amending the Claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Contact Information
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to KUEN S LU whose telephone number is (571)272-4114. The examiner can normally be reached on M-F, 8-19, Mid-Flex 2 hours.
If attempts to reach the examiner by telephone pre unsuccessful, the examiner's Supervisor, Mr. Aleksandr Kerzhner can be reached on 571-270-1760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KUEN S LU /Kuen S Lu/
Art Unit 2165
Primary Patent Examiner
June 11, 2026
Prosecution Insights