DETAILED ACTION
In the response to this office action, the examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the examiner in prosecuting this application.
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 .
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).
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-5, 9, 11-13, 15, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, and 4 of U.S. Patent No. 12112734. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are broader versions of the patent’s claims or contain only obvious differences from the patent’s claims.
Claim 1 of present application
Patent 12112734
1. A method for reducing noise in an audio environment, the method comprising:
1. A method for reducing noise in an audio signal, the method comprising:
acquiring, via one or more sensors, a plurality of audio signals associated with sound in an audio environment;
determining, based on sensor data acquired from a first set of sensors, a first position of a user in an environment;
acquiring, via the first set of sensors, one or more audio signals associated with sound in the environment;
determining that a first audio signal in the plurality of audio signals matches a first reference signal in a set of reference signals;
identifying one or more noise elements in the one or more audio signals;
identifying one or more individual speakers in the one or more audio signals by comparing, via a neural network, the one or more audio signals with learned speech elements and speaker characteristics;
decomposing the one or more audio signals into one or more filtered signals, wherein each filtered signal corresponds to one or more frequency sub-bands of the one or more audio signals; and
generating, based on the first audio signal, a first directional audio signal wherein, when the first directional audio signal is outputted by a loudspeaker, the loudspeaker produces a first acoustic field that attenuates the first audio signal at a position of a user;
generating, based on the one or more filtered signals, a first directional audio signal wherein, when the first directional audio signal is outputted by a first loudspeaker, the first loudspeaker produces, based on the first directional audio signal, a first acoustic field that attenuates the one or more frequency sub-bands associated with the one or more noise elements at the first position and emphasizes one or more frequency sub-bands associated with the one or more individual speakers.
determining that a second audio signal in the plurality of audio signals does not match at least one reference signal in the set of reference signals; and
storing data associated with the second audio signal as an additional reference signal in the set of reference signals.
4. The method of claim 1, further comprising:
comparing a first audio signal included in the one or more audio signals to a first set of reference signals;
determining that the first audio signal does not match at least one reference signal included in the first set of reference signals; and
storing data associated with the first audio signal as an additional reference signal included in the first set of reference signals.
3. The method of claim 1, wherein identifying the one or more noise elements comprises: comparing, via the neural network, a first audio signal included in the one or more audio signals to a first reference signal associated with a first noise element; and based on determining that the first audio signal matches the first reference signal, classifying the first audio signal as including the first noise element.
Regarding claim 1 above, although claims 3 and 4 of patent 12112734 are each individually dependent on claim 1 of patent 12112734, it would have been obvious to one of ordinary skill in the art to use the teachings of both claims 3 and 4 along with the parent claim for the benefit of providing further instruction in the case of both a comparison match and no match Therefore, it would have been obvious to combine claims 3 and 4 with claim 1 of patent 12112734, for the benefits above, to obtain the invention as specified in applicant’s claim 1.
Claims 11 and 17 are rejected in an analogous manner to claim 1.
The limitations of claim 2 is found in claim 3 of patent 12112734.
The limitations of claims 3-5, 9, 12, 13, and 15 are found in claim 1 of patent 12112734.
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.
Claim(s) 1-8, 10-14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Butts (US 20170193975 A1) in view of Cheung et al. (US 10937439 B2) and Maziewski (US 20190035381 A1).
Regarding claim 1, Butts discloses a method for reducing noise in an audio environment, the method comprising:
acquiring, via one or more sensors (figure 2, items 231A and 231B), a plurality of audio signals (signals 271A and 271B, including at least sound from noise source 150) associated with sound in an audio environment (overall area of figure 2);
determining that a first audio signal (Butts uses the term “reference signal”, see for example figure 1B and paragraph [0019], which is essentially opposite from this claims terminology) in the plurality of audio signals matches (via comparison step 193 of figure 1B) a first reference signal (Butts used the term “sound signature”, from database 113, paragraph [0019]) in a set of reference signals (yes branch of 193);
generating, based on the first audio signal (“reference signal” see paragraph [0019]), a first output audio signal (174) wherein, when the first output audio signal is outputted by a loudspeaker (140), the loudspeaker produces a first acoustic field that attenuates the first audio signal (paragraphs [0040] and [0044]) at a position of a user (such as car driver, paragraph [0016]).
Butts does not expressly disclose wherein the first output audio signal is directional or storing signals that do not match as reference signals.
Cheung also discloses generating a first directional audio signal (see figure 6, cone 108 directed toward user, column 11 lines 41-53, see column 32 lines 8-24 for use in vehicle setting) outputted by a first speaker (104).
It would have been obvious to a person of ordinary skill in the art to use the directionally output audio signal of Cheung in the system of Butts for the benefit of more accurately delivering the audio to the user and not effecting other people in the vicinity. Therefore, it would have been obvious to combine Cheung with Butts to obtain the invention as specified in claim 1.
Maziewski discloses determining that a audio signal does not match at least one reference signal in a set of reference signals (figure 4 “footprints database” step 403, paragraphs [0074] to [0075]); and
storing data associated with the second audio signal as an additional reference signal in the set of reference signals (storing in database 225 as shown in figure 4, paragraphs [0032] to [0033], [0049], and [0074] to [0075], at least storing “real-time”).
It would have been obvious to a person of ordinary skill in the art to us the reference signal storing of Maziewski in the system of Butts and Cheung for the benefit of allowing real-time additions of new noises to the database. Therefore, it would have been obvious to combine Maziewski with Butts and Cheung, for the benefits above, to obtain the invention as specified in claim 1.
Regarding claim 2, Butts discloses further comprising classifying the first audio signal based on the first reference signal (via 194 and 196 of figure 1B, figure 3, step 304 generate source-separated signals that match noises for generating correction signal 305).
Regarding claim 3, Butts discloses wherein the first reference signal corresponds to a first noise element (noise 150).
Regarding claim 4, Butts discloses wherein determining that the first audio signal matches the first reference signal comprises comparing, via a neural network (see paragraph [0019], “a conventional artificial intelligence or machine-learning algorithm”), the first audio signal to the first reference signal (step 193 of figure 1B).
Regarding claim 5, Butts discloses further comprising identifying one or more individual speakers in the plurality of audio signals by comparing the plurality of audio signals with learned speech elements and speaker characteristics (via 110 of figure 2, described with respect to 110 of figure 1A, paragraph [0019], “source separation algorithm 111 is configured to compare electronic reference signal 171 to a sound signature database 113 to facilitate identification of one or more sound sources in electronic reference signal 171, such as speech”).
Regarding claim 6, Butts discloses generating, based on the first audio signal (“reference signal” see paragraph [0019]), a output audio signals (174) wherein, when the first audio signal is outputted by a loudspeaker (140), the loudspeaker produces a first acoustic field that attenuates the first audio signal (paragraphs [0040] and [0044]) at a position of a user (such as car driver, paragraph [0016]).
Butts does not expressly disclose determining user position via sensors, or wherein a second output audio signal is directional.
Cheung discloses determining, based on sensor data acquired from the one or more sensors (column 11 lines 10-22), a second position of the user in an environment (specifically the user’s ear, column 11 line 10, a second ear for example).
Cheung also discloses generating a directional audio signal (see figure 6, cone 108 directed toward user, column 11 lines 41-53, see column 32 lines 8-24 for use in vehicle setting) outputted by a speaker (104).
It would have been obvious to a person of ordinary skill in the art to use the sensing of Cheung in the system of Butts for the benefit of locating and tracking a user in real time. Also, it would have been obvious to a person of ordinary skill in the art to use the directionally output audio signal of Cheung in the system of Butts for the benefit of more accurately delivering the audio to the user and not effecting other people in the vicinity. Therefore, it would have been obvious to combine Cheung with Butts to obtain the invention as specified in claim 6.
Regarding claim 7, Cheung discloses further comprising determining a position of the loudspeaker (determined at design time or by placement of device), wherein the first directional audio signal is based on the position of the user and the position of the loudspeaker (location of user or ear of user would need to be in relation to the speaker placement to work, see figure 6, cone 108 directed toward user, column 11 lines 41-53, see column 32 lines 8-24 for use in vehicle setting).
Regarding claim 8, although Butts does not expressly disclose receiving an input audio signal via a network, the examiner takes official notice that receiving desired audio via a network (such as a radio station, music from a streaming service, or a hardwired MP3 player) and outputting such to the user in a playback system was well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to further comprising receiving, from a second device via a network, an input audio signal, wherein the first directional audio signal includes at least a portion of the input audio signal in the system of Butts for the benefit of allowing the user to hear desired music or other audio programing.
Regarding claim 10, Butts discloses wherein generating the first directional audio signal comprises generating an anti-noise signal that matches an amplitude for the first reference signal and is antiphase to the first reference signal (see paragraphs [0004] and [0026]).
Claims 11-14 and 16 are rejected in an analogous manner to claims 1, 3, 4, 7, and 10 respectively, given the CRM embodiments of paragraphs [0049] to [0050] of Butts.
Regarding claim 17, Butts discloses an audio system, comprising:
a set of sensors (figure 2, items 231A and 231B) that:
produces a plurality of audio signals (signals 271A and 271B, including at least sound from noise source 150) associated with sound acquired from the environment (overall area of figure 2);
a loudspeaker (figure 2, item 140);
a memory storing instructions (see paragraphs [0049] to [0050]); and
a processor (220, 110, 112, 120, and 125) coupled to the one or more sensors and the loudspeaker (see figure 2) that, when executing the instruction performs the steps of:
acquiring, via the set of sensors, the plurality of audio signals (signals 271A and 271B, including at least sound from noise source 150);
determining that a first audio signal (Butts uses the term “reference signal”, see for example figure 1B and paragraph [0019], which is essentially opposite from this claims terminology) in the plurality of audio signals matches (via comparison step 193 of figure 1B) a first reference signal (Butts used the term “sound signature”, from database 113, paragraph [0019]) in a set of reference signals (yes branch of 193);
generating, based on the first audio signal (“reference signal” see paragraph [0019]), a first output audio signal (174) wherein, when the first output audio signal is outputted by the loudspeaker (140), the loudspeaker produces a first acoustic field that attenuates the first audio signal (paragraphs [0040] and [0044]) at the position of a user (such as car driver, paragraph [0016]).
Butts does not expressly disclose determining user position via sensors, wherein the first output audio signal is directional, or storing signals that do not match as reference signals.
Cheung discloses a set of sensors (column 11 lines 10-22) that:
produces sensor data associated with a position of a user in an environment (specifically the user’s ear, column 11 line 10), and
a processor (12 of figure 1, 1220 of figure 16, also see column 12 lines 36-51) coupled to the first set of sensors and a first speaker (16 of figure 1, 104 of figure 6) performing the steps of:
determining, based on the sensor data, the first position of the user (specifically the user’s ear, column 11 line 10),
generating a first directional audio signal (see figure 6, cone 108 directed toward user, column 11 lines 41-53, see column 32 lines 8-24 for use in vehicle setting) wherein, when the first directional audio signal is outputted by a loudspeaker (104).
It would have been obvious to a person of ordinary skill in the art to use the sensing of Cheung in the system of Butts and Lee for the benefit of locating and tracking a user in real time. Also, it would have been obvious to a person of ordinary skill in the art to use the directionally output audio signal of Cheung in the system of Butts for the benefit of more accurately delivering the audio to the user and not effecting other people in the vicinity. Therefore, it would have been obvious to combine Cheung with Butts and Lee to obtain the invention as specified in claim 17
Maziewski discloses determining that an audio signal does not match at least one reference signal in a set of reference signals (figure 4 “footprints database” step 403, paragraphs [0074] to [0075]); and
storing data associated with the second audio signal as an additional reference signal in the set of reference signals (storing in database 225 as shown in figure 4, paragraphs [0032] to [0033], [0049], and [0074] to [0075], at least storing “real-time”).
It would have been obvious to a person of ordinary skill in the art to us the reference signal storing of Maziewski in the system of Butts and Cheung for the benefit of allowing real-time additions of new noises to the database. Therefore, it would have been obvious to combine Maziewski with Butts and Cheung, for the benefits above, to obtain the invention as specified in claim 17.
Regarding claim 18, Butts discloses further comprising a database that stores the set of reference signals (figure 2, item 113).
Regarding claim 19, Butts discloses wherein the set of sensors comprises at least one microphone that acquires the plurality of audio signals.
Cheung discloses wherein the set of sensors comprises at least one camera that acquires position data associated with the position of the user (column 11 lines 10-22).
Regarding claim 20, Cheung discloses wherein the loudspeaker comprises a parametric loudspeaker (column 6 lines 27-38).
Claim(s) 9 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Butts (US 20170193975 A1) in view of Cheung et al. (US 10937439 B2), Maziewski (US 20190035381 A1), and Lee et al. (US 20160163304 A1).
Regarding claim 9, Butts discloses generating the first directional audio signal which attenuates one or more noise elements in at least a first frequency sub-band of the first audio signal (paragraphs [0040] and [0044]).
Butts does not expressly disclose decomposing the one or more audio signals into sub-bands.
Lee discloses decomposing the first audio signal into a plurality of filtered signals (via 42 to 44 of figure 1, paragraph [0022], microphones pick up noise sources, see “reference” signals of paragraphs [0004], and [0017] to [0020]) into one or more filtered signals (via filter bank 22 of figure 1), wherein each filtered signal corresponds to a frequency sub-band of the first audio signal (paragraphs [0022] to [0035]).
It would have been obvious to a person of ordinary skill in the art to use the sub-band decomposing of Lee in the system of Butts for the benefit of optimizing processing for specific bands, thereby producing a more accurate output. Therefore, it would have been obvious to combine Lee with Butts to obtain the invention as specified in claim 9.
Claim 15 is rejected in an analogous manner to claim 9 given the CRM embodiments of paragraphs [0049] to [0050] of Butts.
Conclusion
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/DOUGLAS J SUTHERS/ Examiner, Art Unit 2695
/PAUL KIM/ Primary Examiner, Art Unit 2695
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