DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a final office action on merits. Claims 1-3 and 5-6 are currently pending and are addressed below.
The examiner notes that the fundamentals of the rejection are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Additionally, the examiner notes that the reference to page numbers refers to that inscribed on the reference rather than the total number of document pages.
Response to Arguments
In light of the recent amendment and applicant’s remarks on, applicant’s arguments with respect to the rejection of claims 1-6 under 35 U.S.C 101 have been considered and are persuasive. The examiner recognizes that the recent amendments integrated into the independent claims regarding, “control an actuator according to the control coefficient to cause the apparatus to execute the action that coordinates with the performance,” incorporates a direct control step tied to the “determine” and “apply” steps that constitute at least one abstract idea and that cannot be practically performed in the human mind. As such, the rejection of claims 1-6 under 35 U.S.C 101 has been withdrawn.
Applicant's arguments, filed 03/03/2026, regarding the 35 U.S.C 102(a)(2) rejection of claims 1-6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 5-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Melya Boukheddimi et al. (“Robot Dance Generation with Music Based Trajectory Optimization), hereinafter referred to as Boukheddimi.
Regarding claim 1, Boukheddimi discloses: an apparatus control device for controlling an apparatus, the apparatus control device comprising (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance, which discloses a general robot control system) , at least one processor configured to:
apply a first change to emotion data stored in a memory, wherein the emotion data represents a pseudo-emotion of the apparatus and the first change is based on a key of a
performance sound in a performance (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis, which discloses the process of mapping music features to various poses and states via an optimization method; spectral information is extracted from an audio signal that includes melody (pitch) and beat structures which are then mapped to corresponding pose and states of a dance choreography, this means that a first change to emotion data (the music features used to determine the robot’s behavior) which represents a pseudo-emotion of the apparatus (robot’s internal state or pose) and the first change is based on a key (pitch or beat) of a performance sound (audio signal) in a performance)
determine a predetermined time has lapsed from a start of the performance and in response to a lapse of the predetermined time from the start of the performance: determine a constancy of a performance speed of the performance sound (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis which discloses determining time sequences (a feature space within a window of time) in the form of beat timing used in response to tie a sequence of choreography configurations, this means that a constancy (averaging between beat times and global tempo) of performance speed is determined in response to a lapse of the predetermined time from the start of the performance)
apply a second change to the emotion data stored in the memory, wherein the second change is based on the constancy of the performance speed based on the emotion data with the first change and the second change applied, (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis, which discloses the process of mapping music features to various poses and states via an optimization method; spectral information is extracted from an audio signal that includes melody (pitch) and beat structures which are then mapped to corresponding pose and states of a dance choreography, this means that a change to emotion data (the music features used to determine the robot’s behavior) which represents a pseudo-emotion of the apparatus (robot’s internal state or pose) and the change is based on a key (pitch or beat) of a performance sound (audio signal) in a performance; Fig.3 discloses the cycle through updated extracted features which maps them to poses throughout the continuous choreography, this means a second change is implied)
determine a control coefficient of an action of the apparatus that causes the apparatus to coordinate with the performance (see at least Boukheddimi, pg.3072-3073, C. Choreography Timing Optimization, which discloses the determination of a control coefficient (optimal trajectories) based on the predetermined choreography, that causes the apparatus (robot) to coordinate with the performance; A. Method 1: Expert Choreography discloses an example of the beat extraction and control coefficient determined to coordinate a choreography performance based within a time frame)
control an actuator according to the control coefficient to cause the apparatus to execute the action that coordinates with the performance (see at least Boukheddimi, pg.3072-3073, C. Choreography Timing Optimization, which discloses the determination of a control coefficient (optimal trajectories) based on the predetermined choreography, that causes the apparatus (robot) to coordinate with the performance; A. Method 1: Expert Choreography discloses an example of the beat extraction and control coefficient determined to coordinate a choreography performance based within a time frame; B. Method 2: Initiate Choreography, discloses an example where the optimal controller’s determined control coefficient (trajectories based on predetermined choreography) is initiated to cause the robot to perform the predetermined choreography, this means control an actuator according to the control coefficient to cause the apparatus to execute the action that coordinates with the performance)
Examiner Note: The notation “a second change” is not explicitly provided in the disclosure of Boukheddimi, however, it is present as the overall pipeline for robot dance generation is continuously updating the mapping the robot’s music states and poses throughout the choreography relative to the extracted music features and spectral characteristics. A second change occurs within multiple cycles which stem from a first change as the features are evaluated over time and influence the output repeatedly.
Regarding claim 2, Boukheddimi discloses: the apparatus control device according to claim 1, wherein the at least one processor changes a pseudo-personality of the apparatus in accordance with at least one of the key of the performance and the constancy of the performance (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis, which discloses the process of mapping music features to various poses and states via an optimization method; spectral information is extracted from an audio signal that includes melody (pitch) and beat structures which are then mapped to corresponding pose and states of a dance choreography, this means that a first change to emotion data (the music features used to determine the robot’s behavior) which represents a pseudo-emotion of the apparatus (robot’s internal state or pose) and the first change is based on a key (pitch or beat) of a performance sound (audio signal) in a performance)
Regarding claim 3, Boukheddimi discloses: the apparatus control device according to claim 2, wherein the at least one processor is further configured to control the actuator in accordance with the changed pseudo-personality of the apparatus (see at least Boukheddimi, pg.3072-3073, C. Choreography Timing Optimization, which discloses the determination of a control coefficient (optimal trajectories) based on the predetermined choreography, that causes the apparatus (robot) to coordinate with the performance; A. Method 1: Expert Choreography discloses an example of the beat extraction and control coefficient determined to coordinate a choreography performance based within a time frame; B. Method 2: Initiate Choreography, discloses an example where the optimal controller’s determined control coefficient (trajectories based on predetermined choreography) is initiated to cause the robot to perform the predetermined choreography, this means control an actuator according to the control coefficient to cause the apparatus to execute the action that coordinates with the performance)
Regarding claim 5, Boukheddimi discloses: An apparatus control method (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance, which discloses a general robot control system) for controlling an apparatus, the apparatus control method comprising:
applying, by at least one processor, a first change to emotion data stored in a memory, wherein the emotion data represents a pseudo-emotion of the apparatus and the first change is based on a key of a performance sound in a performance (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis, which discloses the process of mapping music features to various poses and states via an optimization method; spectral information is extracted from an audio signal that includes melody (pitch) and beat structures which are then mapped to corresponding pose and states of a dance choreography, this means that a first change to emotion data (the music features used to determine the robot’s behavior) which represents a pseudo-emotion of the apparatus (robot’s internal state or pose) and the first change is based on a key (pitch or beat) of a performance sound (audio signal) in a performance)
determining, by the at least one processor, a predetermined time has lapsed from a start of the performance and in response to a lapse of the predetermined time from the start of the performance determining, by at least one processor, a constancy of a performance speed of the performance sound (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis which discloses determining time sequences (a feature space within a window of time) in the form of beat timing used in response to tie a sequence of choreography configurations, this means that a constancy (averaging between beat times and global tempo) of performance speed is determined in response to a lapse of the predetermined time from the start of the performance)
applying, by the at least one processor, a second change to the emotion data stored in the memory, wherein the second change is based on the constancy of the performance speed based on the emotion data with the first change and the second change applied, (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis, which discloses the process of mapping music features to various poses and states via an optimization method; spectral information is extracted from an audio signal that includes melody (pitch) and beat structures which are then mapped to corresponding pose and states of a dance choreography, this means that a change to emotion data (the music features used to determine the robot’s behavior) which represents a pseudo-emotion of the apparatus (robot’s internal state or pose) and the change is based on a key (pitch or beat) of a performance sound (audio signal) in a performance; Fig.3 discloses the cycle through updated extracted features which maps them to poses throughout the continuous choreography, this means a second change is implied)
determining, by the at least one processor, a control coefficient of an action of the apparatus that causes the apparatus to coordinate with the performance (see at least Boukheddimi, pg.3072-3073, C. Choreography Timing Optimization, which discloses the determination of a control coefficient (optimal trajectories) based on the predetermined choreography, that causes the apparatus (robot) to coordinate with the performance; A. Method 1: Expert Choreography discloses an example of the beat extraction and control coefficient determined to coordinate a choreography performance based within a time frame)
controlling, by the at least one processor, an actuator according to the control coefficient to cause the apparatus to execute the action that coordinates with the performance (see at least Boukheddimi, pg.3072-3073, C. Choreography Timing Optimization, which discloses the determination of a control coefficient (optimal trajectories) based on the predetermined choreography, that causes the apparatus (robot) to coordinate with the performance; A. Method 1: Expert Choreography discloses an example of the beat extraction and control coefficient determined to coordinate a choreography performance based within a time frame; B. Method 2: Initiate Choreography, discloses an example where the optimal controller’s determined control coefficient (trajectories based on predetermined choreography) is initiated to cause the robot to perform the predetermined choreography, this means control an actuator according to the control coefficient to cause the apparatus to execute the action that coordinates with the performance)
Examiner Note: The notation “a second change” is not explicitly provided in the disclosure of Boukheddimi, however, it is present as the overall pipeline for robot dance generation is continuously updating the mapping the robot’s music states and poses throughout the choreography relative to the extracted music features and spectral characteristics. A second change occurs within multiple cycles which stem from a first change as the features are evaluated over time and influence the output repeatedly.
Regarding claim 6, Boukheddimi discloses: A non-transitory recording medium storing a program (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance, which discloses a general robot control system), the program causing a computer to execute processing comprising:
applying, by at least one processor, a first change to emotion data stored in a memory, wherein the emotion data represents a pseudo-emotion of the apparatus and the first change is based on a key of a performance sound in a performance (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis, which discloses the process of mapping music features to various poses and states via an optimization method; spectral information is extracted from an audio signal that includes melody (pitch) and beat structures which are then mapped to corresponding pose and states of a dance choreography, this means that a first change to emotion data (the music features used to determine the robot’s behavior) which represents a pseudo-emotion of the apparatus (robot’s internal state or pose) and the first change is based on a key (pitch or beat) of a performance sound (audio signal) in a performance)
determining, by the at least one processor, a predetermined time has lapsed from a start of the performance and in response to a lapse of the predetermined time from the start of the performance determining, by at least one processor, a constancy of a performance speed of the performance sound (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis which discloses determining time sequences (a feature space within a window of time) in the form of beat timing used in response to tie a sequence of choreography configurations, this means that a constancy (averaging between beat times and global tempo) of performance speed is determined in response to a lapse of the predetermined time from the start of the performance)
applying, by the at least one processor, a second change to the emotion data stored in the memory, wherein the second change is based on the constancy of the performance speed based on the emotion data with the first change and the second change applied, (see at least Boukheddimi, pg.3070, II. Mathematical Formulation of Dance; pg.3071-3072, A. Music Analysis, which discloses the process of mapping music features to various poses and states via an optimization method; spectral information is extracted from an audio signal that includes melody (pitch) and beat structures which are then mapped to corresponding pose and states of a dance choreography, this means that a change to emotion data (the music features used to determine the robot’s behavior) which represents a pseudo-emotion of the apparatus (robot’s internal state or pose) and the change is based on a key (pitch or beat) of a performance sound (audio signal) in a performance; Fig.3 discloses the cycle through updated extracted features which maps them to poses throughout the continuous choreography, this means a second change is implied)
determining, by the at least one processor, a control coefficient of an action of the apparatus that causes the apparatus to coordinate with the performance (see at least Boukheddimi, pg.3072-3073, C. Choreography Timing Optimization, which discloses the determination of a control coefficient (optimal trajectories) based on the predetermined choreography, that causes the apparatus (robot) to coordinate with the performance; A. Method 1: Expert Choreography discloses an example of the beat extraction and control coefficient determined to coordinate a choreography performance based within a time frame)
controlling, by the at least one processor, an actuator according to the control coefficient to cause the apparatus to execute the action that coordinates with the performance (see at least Boukheddimi, pg.3072-3073, C. Choreography Timing Optimization, which discloses the determination of a control coefficient (optimal trajectories) based on the predetermined choreography, that causes the apparatus (robot) to coordinate with the performance; A. Method 1: Expert Choreography discloses an example of the beat extraction and control coefficient determined to coordinate a choreography performance based within a time frame; B. Method 2: Initiate Choreography, discloses an example where the optimal controller’s determined control coefficient (trajectories based on predetermined choreography) is initiated to cause the robot to perform the predetermined choreography, this means control an actuator according to the control coefficient to cause the apparatus to execute the action that coordinates with the performance)
Examiner Note: The notation “a second change” is not explicitly provided in the disclosure of Boukheddimi, however, it is present as the overall pipeline for robot dance generation is continuously updating the mapping the robot’s music states and poses throughout the choreography relative to the extracted music features and spectral characteristics. A second change occurs within multiple cycles which stem from a first change as the features are evaluated over time and influence the output repeatedly.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTEN JADE M SANTOS whose telephone number is (571)272-7442. The examiner can normally be reached Monday: 8:00 am - 4:00 pm, 6:00-8:00 pm (+ with flex).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KIRSTEN JADE M SANTOS/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664
Prosecution Insights