DETAILED ACTION
Notice of 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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 08/26/2024 and 01/10/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Status of Claims
Claims were amended pursuant to a preliminary amendment filed on 08/26/2024 with the initial set on 08/01/2024. For the examination purpose, the claim set with amended claims have been used. Claim 1 was cancelled, claims 2-21 were newly added. Claims 2-21 are pending of which Claims 2 and 17 are independent.
Double Patenting
Examiner considered non-statutory double patenting rejection with co-pending U.S. Patent No. 12094487 B2 from the same applicant and same inventor. But the scope of the U.S. Patent No. 12094487 B2 is different from the instant application 18/792445 and that’s why non-statutory double patenting rejection is not given.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 of this title, 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.
Claims 2-4, 8, 9, 11-13, 17, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lyren et al. (US 9584653 B1), hereinafter referenced as Lyren, in view of Li et al. ( US 20210321212 A1), hereinafter referenced as Li.
Regarding Claim 2, Lyren teaches a processor implemented method of presenting spatialized audio content, the processor-implemented method comprising:
determining a first target position of a first virtual sound source representing a first sound source ( Lyren: Column 11, lines 3-13, Alice, who is wearing a head mounted display and headphones that provide a virtual world of an office environment that includes an image of a virtual Bob. Alice provides a voice command to the HMD to open a conversation with Bob ( first sound source). The HMD determines a location of the virtual Bob ( virtual sound source) in the virtual world with respect to Alice's point of view in the virtual world and determines that virtual Bob is located at (1.2 meters, -20°, 10°) ( first target position) relative to Alice );
generating spatialized audio content associated with the first virtual sound source [using the first set of one or more sound filters] ( Lyren: Column 5, lines 46-65, column 11, lines 11-15, The HMD retrieves Alice's HRTFs that correspond to the virtual location and places the conversation request to Bob. When Bob responds, his voice appears to originate from virtual Bob. HRTF is a function of frequency and three spatial variables, which are used to generate spatialized audio);
and presenting, via at least one speaker of a head-mounted device, the spatialized audio content associated with the first virtual sound source ( Lyren: Column 11, lines 3-23, column 47, lines 31-43, the generated Bob’s voice will be presented to Alice, who is wearing a head mounted display and headphones, via the speakers of the headphones).
Lyren while teaching the method of claim 2, fails to explicitly teach the claimed, determining a first set of one or more sound filters using the first target position; generating spatialized audio content associated with the first virtual sound source using the first set of one or more sound filters.
However, Li does teach the claimed, determining a first set of one or more sound filters using the first target position ( Li: Para.[0086],[0091], Figs. 10,11, the user in a conference system 1000 wanted to hear the speaking of the attendee 2 ( first virtual sound source), whose location is 50 degrees angle from the user ( target position), without looking at who is speaking , which is attendee 2 (first sound source). The system 1000 may retrieve a pair of corresponding HRTF filters from pre-stored database or memory 1004, based on the location ( target position));
generating spatialized audio content associated with the first virtual sound source using the first set of one or more sound filters ( Li: Para.[0091], Fig. 10, The signal processing unit 1002 may perform a convolution computation on the input mono signal with the HRTF filters from pre-stored database or memory 1004 and generating two channels of binaural sounds for left and right ears, respectively).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Li’s teaching of three dimensional audio systems, into the system and method of three dimensional sound generation system, taught by Lyren, because, by generating discrete sound sources located at different spatial locations allow a listener to have a better auditory perception of the isolated locations of instruments and vocal sources when listening to a given piece of music either through earphones, headphones, or loudspeakers. (Li, Para.[0021]-[0024]).
Claim 17 is a head mounted device claim, comprising: a controller ( Lyren: Column 18, lines 55-58, column 47, lines 31-35, Fig. 39, wearable electronic device 3908, which could be a head mounted device, includes processor 3974), performing the steps in method claim 2 above and as such, claim 17 is similar in scope and content to claim 2 and therefore, claim 17 is rejected under similar rationale as presented against claim 2 above.
Regarding Claim 3, Lyren in view of Li teach the processor-implemented method of claim 2. Li further teaches, wherein the first target position is determined using a location of at least one object in a physical environment of the head- mounted device ( Li: Para.[0088], [0091], [0092],Fig. 11, the first target position ( the location of the conference attendee 2) is determined based on multiple display/GUIs 1006 and multiple loudspeakers 1012 being used in a real conference room, where the user with the headset is attending).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Li’s teaching of three dimensional audio systems, into the system and method of three dimensional sound generation system, taught by Lyren, because, by generating discrete sound sources located at different spatial locations allow a listener to have a better auditory perception of the isolated locations of instruments and vocal sources when listening to a given piece of music either through earphones, headphones, or loudspeakers. (Li, Para.[0021]-[0024]).
Claim 18 is a head mounted device claim performing the steps in method claim 3 above and as such, claim 18 is similar in scope and content to claim 3 and therefore, claim 18 is rejected under similar rationale as presented against claim 3 above.
Regarding Claim 4, Lyren in view of Li teach the processor-implemented method of claim 2. Lyren further teaches, wherein the first target position is determined to be at an angle relative to a plane associated with the head-mounted device ( Lyren: Column 11, lines 3-13,column 5, lines 48-60, Alice, who is wearing a head mounted display and headphones that provide a virtual world of an office environment that includes an image of a virtual Bob. The HMD determines a location of the virtual Bob ( virtual sound source) in the virtual world with respect to Alice's point of view in the virtual world and determines that virtual Bob is located at (1.2 meters, -20°, 10°) ( first target position) relative to Alice. The angle is -20 degree is the azimuth angle between a forward-facing user at the recording or listening point and the direction of the origination or generation point of the sound relative to the user).
Regarding Claim 8, Lyren in view of Li teach the processor-implemented method of claim 2. Lyren further teaches, determining a second target position of a second virtual sound source representing a second sound source, the second target position being different from the first target position ( Lyren: Column 14, lines 44-59, Alice is having a teleconference with Bob ( first user) and Charlie ( second user). Personal assistant localizes first user’s voice to a left side of Alice's face at (1.0 m, -30°, 0°) ( first target position) and the voice of Charlie ( second user) on a right side of Alice's face at (1.0 m, +30°, 0°) ( second target position), where second target position is different from first target position);
generating spatialized audio content associated with the second virtual sound source [using the second set of one or more sound filters] ( Lyren: Column 5, lines 46-65, column 11, lines 11-15, The HMD retrieves Alice's HRTFs that correspond to the virtual location and places the conversation request. When second user responds, his voice appears to originate from virtual second user. HRTF is a function of frequency and three spatial variables, which are used to generate spatialized audio);
and presenting, via the at least one speaker of the head-mounted device, the spatialized audio content associated with the second virtual sound source ( Lyren: Column 11, lines 3-23, column 47, lines 31-43, the generated second user’s voice will be presented to Alice, who is wearing a head mounted display and headphones, via the speakers of the headphones).
Li further teaches, determining a second set of one or more sound filters using the second target position( Li: Para.[0086],[0091], Figs. 10,11, the user in a conference system 1000 wanted to hear the speaking of the attendee 2 (virtual sound source), whose location is 50 degrees angle from the user ( target position), without looking at who is speaking , which is attendee 2 (sound source). The system 1000 may retrieve a pair of corresponding HRTF filters from pre-stored database or memory 1004, based on the location ( target position));
generating spatialized audio content associated with the second virtual sound source using the second set of one or more sound filters ( Li: Para.[0091], Fig. 10, The signal processing unit 1002 may perform a convolution computation on the input mono signal with the HRTF filters from pre-stored database or memory 1004 and generating binaural sounds).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Li’s teaching of three dimensional audio systems, into the system and method of three dimensional sound generation system, taught by Lyren, because, by generating discrete sound sources located at different spatial locations allow a listener to have a better auditory perception of the isolated locations of instruments and vocal sources when listening to a given piece of music either through earphones, headphones, or loudspeakers. (Li, Para.[0021]-[0024]).
Claim 20 is a head mounted device claim performing the steps in method claim 8 above and as such, claim 20 is similar in scope and content to claim 8 and therefore, claim 20 is rejected under similar rationale as presented against claim 8 above.
Regarding Claim 9, Lyren in view of Li teach the processor-implemented method of claim 8. Lyren further teaches, wherein: the first target position is determined to be at a first angle relative to a plane associated with the head-mounted device ( Lyren: Column 14, lines 49-51, first voice localizes to the left side of Alice's face at (1.0 m, -30°, 0°), where the angle is -30 degree) ;
and the second target position is determined to be at a second angle relative to the plane associated with the head-mounted device, wherein the second angle is different from the first angle ( Lyren: Column 14, lines 51-53, second voice localizes to the right side of Alice's face at (1.0 m, +30°, 0°), where the angle is +30 degree. First angle is -30 and second one is +30, they are different) ;
Regarding Claim 11, Lyren in view of Li teach the processor-implemented method of claim 8. Lyren further teaches, wherein the first sound source and the second sound source are associated with participants of a call ( Lyren: Column 14, lines 48-49, first source ( Bob) and second source (Charlie) are in a teleconference with Alice).
Regarding Claim 12, Lyren in view of Li teach the processor-implemented method of claim 8. Lyren further teaches, wherein the first target position and the second target position are at a same distance from a target receiver ( Lyren: Column 14, lines 50-56, first voice localizes to the left side of Alice's face at (1.0 m, -30°, 0°) and second voice localizes to the right side of Alice's face at (1.0 m, +30°, 0°), where both of them are 1 m away from the target receiver ( Alice) ).
Regarding Claim 13, Lyren in view of Li teach the processor-implemented method of claim 8. Lyren further teaches, wherein the first target position and the second target position are determined such that the spatialized audio content associated with the second virtual sound source is presented as coming from a different location than the spatialized audio content associated with the first virtual sound source ( Lyren: Column 14, lines 31-43, 50-56, during the call of Alice with Bob, the first target position was localized to the left side of Alice's face at (1.0 m, -30°, 0°) and second voice of Charlie localized to the right side of Alice's face at (1.0 m, +30°, 0°), which is different from the first target position and first virtual source).
Claims 5, 6, 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lyren et al. (US 9584653 B1), hereinafter referenced as Lyren, in view of Li et al. ( US 20210321212 A1), hereinafter referenced as Li, further in view of Yun et al. (US 20160284350 A1), hereinafter referenced as Yun.
Regarding Claim 5, Lyren in view of Li teach the processor-implemented method of claim 2. Lyren in view of Li fail to explicitly teach the claimed, wherein the first target position is determined using a first spectral profile of the first sound source, the first spectral profile characterizing an audio spectrum of the first sound source.
However, Yun does teach the claimed, wherein the first target position is determined using a first spectral profile of the first sound source, the first spectral profile characterizing an audio spectrum of the first sound source ( Yun: Para.[0027], [0028], the electronic devices may analyze characteristics of the speech received from the user ( spectral profile), which may be values or parameters such as energy values, spectral moments (for example, mean, variance, skewness, and kurtosis), spectral flatness, spectral centroid, crest factor, spectral slope, spectral roll-off, F0 contour, etc. that may characterize the associated frequency range in the speech received from the user ( spectrum). Each of the electronic devices may calculate a ratio between the first and second characteristics and determine that the direction of departure of the speech is toward itself based on the ratio).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yun’s teaching of controlling an electronic device by analyzing frequency characteristics in the speech spoken by a user, into the system and method, taught by Lyren in view of Li, because, by analyzing the frequency characteristics of the speech signal of the user, the direction of departure of the speech can be determined accurately. (Yun, Para.[0006],[0007]).
Claim 19 is a head mounted device claim performing the steps in method claim 5 above and as such, claim 19 is similar in scope and content to claim 5 and therefore, claim 19 is rejected under similar rationale as presented against claim 5 above.
Regarding Claim 6, Lyren in view of Li, further in view of Yun teach the processor-implemented method of claim 5. Yun further teaches, wherein the first target position is determined using a ratio between an amount of high frequency content and an amount of low frequency content (HF/LF ratio) in the first spectral profile ( Yun: Para.[0027],[0029], the electronic devices may analyze characteristics of the speech received from the user ( spectral profile) and may calculate a ratio between an energy value of a high frequency range and an energy value of a low frequency range of the speech, and determine that a direction of departure of the speech is toward itself when the ratio is greater than or equal to a threshold value, which may be a predetermined threshold value).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Yun’s teaching of controlling an electronic device by analyzing frequency characteristics in the speech spoken by a user, into the system and method, taught by Lyren in view of Li, because, by analyzing the frequency characteristics of the speech signal of the user, the direction of departure of the speech can be determined accurately. (Yun, Para.[0006],[0007]).
Regarding Claim 7, Lyren in view of Li, further in view of Yun teach the processor-implemented method of claim 5. Li further teaches, further comprising: selecting the first spectral profile of the first sound source from stored spectral profiles of a plurality of sound sources that includes the first sound source ( Li: Para.[0089], [0090], Fig. 10, Based on the input signal, speaker is identified with speaker ID, which may associate video and audio input to an attendee who is speaking ( first sound source). The speaker ID unit 1016 may obtain a speaker ID from the conference software which stores speaker ID for multiple speakers in the conference session. During training, using available labels, each speaker's voice and characteristics are used to train a speaker dependent model, one model for one speaker ( spectral profile) );
determining the first spectral profile by analyzing a voice of the first sound source; and/or receiving the first spectral profile from a device associated with the first sound source or a second sound source ( Li: Para.[0090], During training, using available labels, each speaker's voice and characteristics are used to train a speaker dependent model, one model for one speaker. During inference, given the conference audio, the speaker identification unit 1016 may use the trained model to process the input sounds).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Li’s teaching of three dimensional audio systems, into the system and method, taught by Lyren in view of Yun, because, by generating discrete sound sources located at different spatial locations allow a listener to have a better auditory perception of the isolated locations of instruments and vocal sources when listening to a given piece of music either through earphones, headphones, or loudspeakers. (Li, Para.[0021]-[0024]).
Claims 10, 21 are rejected under 35 U.S.C. 103 as being unpatentable over Lyren et al. (US 9584653 B1), hereinafter referenced as Lyren, in view of Li et al. ( US 20210321212 A1), hereinafter referenced as Li, further in view of Sun et al. (US 20150071446 A1), hereinafter referenced as Sun.
Regarding Claim 10, Lyren in view of Li teach the processor-implemented method of claim 9. Lyren in view of Li fail to explicitly teach the claimed, wherein a difference between the second angle and the first angle is greater than a threshold value.
However, Sun does teach the claimed, wherein a difference between the second angle and the first angle is greater than a threshold value ( Sun: Para.[0069], the difference between two azimuths is greater than a minimum threshold).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Sun’s teaching of audio processing method and an audio processing apparatus, into the system and method, taught by Lyren in view of Li, because, by assigning different hearing properties to desired sound and noise, the intelligibility of the audio signal can be improved. (Sun, Para.[0005],[0006]).
Regarding Claim 21, Lyren in view of Li teach the head mounted device of claim 20. Lyren further teaches, wherein: the first sound source and the second sound source are associated with participants of a call ( Lyren: Column 14, lines 48-49, first source ( Bob) and second source (Charlie) are in a teleconference with Alice) ;
Lyren in view of Li fail to explicitly teach the claimed, and a difference between the second target position and the first target position is greater than a threshold value.
However, Sun does teach the claimed, and a difference between the second target position and the first target position is greater than a threshold value ( Sun: Para.[0069], the difference between two azimuths is greater than a minimum threshold).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Sun’s teaching of audio processing method and an audio processing apparatus, into the system and method, taught by Lyren in view of Li, because, by assigning different hearing properties to desired sound and noise, the intelligibility of the audio signal can be improved. (Sun, Para.[0005],[0006]).
Claims 14,15 are rejected under 35 U.S.C. 103 as being unpatentable over Lyren et al. (US 9584653 B1), hereinafter referenced as Lyren, in view of Li et al. ( US 20210321212 A1), hereinafter referenced as Li, further in view of Pan et al. (US 10986437 B1), hereinafter referenced as Pan.
Regarding Claim 14, Lyren in view of Li teach the processor-implemented method of claim 8. Lyren in view of Li fail to explicitly teach the claimed, wherein the first target position and the second target position have different elevations relative to the head-mounted device.
However, Pan does teach the claimed, wherein the first target position and the second target position have different elevations relative to the head-mounted device ( Pan: Column 5, lines 20-26, Fig. 3C illustrates various placements of audio sources in system 100, where audio sources 324, 326 has different elevations. Column 10, lines 16-23, the system can be implemented in wearable computing devices such as glasses ).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Pan’s teaching of multi plane microphone array, into the system and method, taught by Lyren in view of Li, because, beamforming techniques may be customized for particular microphone configurations/desired uses of resulting audio data. (Pan, Column 1, lines 47-67).
Regarding Claim 15, Lyren in view of Li, further in view of Pan teach the processor-implemented method of claim 14. Pan further teaches, wherein the first target position has a higher elevation than the second target position when the first sound source is presenting ( Pan: Column 5, lines 20-26, Fig. 3C, audio source 326 is disposed at 30 degree elevation and 324 is at 0 degree elevation. Column 6, lines 56-64, speaker is positioned at 30 degree elevation to interact with the system).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Pan’s teaching of multi plane microphone array, into the system and method, taught by Lyren in view of Li, because, beamforming techniques may be customized for particular microphone configurations/desired uses of resulting audio data. (Pan, Column 1, lines 47-67).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Lyren et al. (US 9584653 B1), hereinafter referenced as Lyren, in view of Li et al. ( US 20210321212 A1), hereinafter referenced as Li, further in view of Spittle et al. (US 20230300532 A1), hereinafter referenced as Spittle.
Regarding Claim 16, Lyren in view of Li, teach the processor-implemented method of claim 2. Lyren in view of Li fail to explicitly teach the claimed, further comprising: identifying a second sound source in a local area based on sound in the local area; and determining a location of the second sound source in the local area, wherein determining the first target position comprises determining the first target position based additionally on the location of the second sound source, such that a distance between the first target position and the location of the second sound source is greater than a threshold value.
However, Spittle does teach the claimed, further comprising: identifying a second sound source in a local area based on sound in the local area ( Spittle: Para.[0773], the user can identify second sound source such as construction work sound in the local area);
and determining a location of the second sound source in the local area, wherein determining the first target position comprises determining the first target position based additionally on the location of the second sound source, such that a distance between the first target position and the location of the second sound source is greater than a threshold value ( Spittle: Para.[0778], the difference between two sound sources can be adjusted by moving/determining the first target position based on the second sound source, a smooth transition may be used to avoid sounds from sounding as if they are leaping away as the sound crosses the threshold between the first and second regions).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Spittle’s teaching of an audio system that can be customized by the user, into the system and method, taught by Lyren in view of Li, because, by customizing the ear worn device based on the need of the user, optimal performance can be achieved. (Spittle, Para.[0003]-[0010]).
Conclusion
Listed below are the prior arts made of record and not relied upon but are considered pertinent to applicant's disclosure.
Leppanen et al. (US 20190139312 A1) teaches an apparatus configured to, based on a location of a plurality of distinct audio sources in virtual reality content captured of a scene, a first virtual reality view providing a view of the scene from a first point of view, wherein at least two of said audio sources are one or more of: a) within a first predetermined angular separation of one another in the first virtual reality view, b) positioned in the scene such that not all are within the field of view, provide for display of a second virtual reality view from second point of view satisfying a predetermined criterion, the predetermined criterion comprising a point of view from which said audio sources are separated by at least a second predetermined angular separation and are within a field of view of the second virtual reality view to provide for control of audio properties of said audio sources.
Lindahl et al. (US 11102578 B2) teaches an audio system and method of using the audio system to augment spatial audio rendition is described. The audio system can include a device to receive user inputs designating positions on an augmented reality view of a listening environment. Sound source icons can be presented in the augmented reality view at the designated positions. The sound source icons can visually represent sound sources at locations in the listening environment that correspond to, but are different than, the positions. One or more processors of the audio system can apply head-related transfer functions, which correspond to the locations in the listening environment, to audio input signals to generate binaural audio signals. The audio system can include a headset that uses the binaural audio signals to render spatialized audio localizing sounds to the locations in the listening environment. Other aspects are also described and claimed.
Visser et al. (US 20180020312 A1) teaches a method for outputting virtual sound includes detecting an audio signal in an environment at one or more microphones. The method also includes determining, at a processor, a location of a sound source of the audio signal and estimating one or more acoustical characteristics of the environment based on the audio signal. The method further includes inserting a virtual sound into the environment based on the one or more acoustical characteristics. The virtual sound has one or more audio properties of a sound generated from the location of the sound source.
Freeman et al. (US 11356795 B2 ) teaches an audio system, method, and computer program product which includes a wearable audio device and a mobile peripheral device. Each device is capable of determining its respective absolute or relative position and orientation. Once the relative positions and orientations between the devices are known, virtual sound sources are generated at fixed positions and orientations relative to the peripheral device such that any change in position and/or orientation of the peripheral device produces a proportional change in the position and/or orientation of the virtual sound sources. Additionally, first order and second order reflected audio paths may be simulated for each virtual sound source to increase the realism of the simulated sources. Each sound path can be produced by modifying the original audio signal using head-related transfer functions (HRTFs) to simulate audio as though it were perceived by the user's left and right ears as coming from each virtual sound source.
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/NADIRA SULTANA/Examiner, Art Unit 2653