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
Claims 1-30 are presented for examination.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: System for Determining Customized Audio Using a Scaled Model.
Claim Objections
Claim 25 is objected to because of the following informalities: The claim recites the limitation “using on a model”. The use of “on” does not make sense. Examiner interprets as using a model. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-12, 15-20, and 30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Referring to claims 9-12, claim 9 recites the limitation “determining a volume of space between the representation of the physical characteristic and the plurality of models.” In light of the specification, the plurality of models are comprised within a digital database and are not physical, touchable models. It is unclear how a volume of space could be determined between non-physical models. There is no physical space or volume in such a digital environment, therefore, such a volume cannot exist between a given representation and a model stored in a digital database. Claims 10-12 depend from claim 9, therefore, they are rejected for the same reasons. Examiner interprets claims 9 and 10 as selecting the model includes determining a model of the plurality of models with the closest size to the representation of the physical characteristic.
Referring to claims 15-20 and 30, claims 15 and 30 state that the low frequency filter attenuates higher frequencies and the high frequency filter attenuates lower frequencies, however, claims 14 and 29 state that the low frequency component is determined by the high frequency filter and the high frequency component is determined by the low frequency filter. This would mean that the determined components are the frequencies which are attenuated. But if the frequencies are attenuated, then they cannot be combined as in claims 14 and 29. Claims 16-20 depend from claim 15, and therefore, are rejected for the same reasons. Examiner interprets claims 14 and 29 as
determining a high-frequency component by applying a high-frequency filter to the modified first function; determining a low-frequency component by applying a low-frequency filter to the modified second function.
Referring to claims 15-20 and 30, claims 15-16 and 30 recite the limitation "the cutoff frequency". There is insufficient antecedent basis for this limitation in the claims. Claims 17-20 depend from claim 15, therefore, they are rejected for the same reasons. Examiner interprets claims 15 and 30 as
wherein the low-frequency filter includes an electronic filter that passes signals with a frequency lower than a first cutoff threshold frequency and attenuates signals with frequencies higher than the first cutoff threshold frequency, and
wherein the high-frequency filter includes an electronic filter that passes signals with a frequency higher than a second cutoff threshold frequency and attenuates signals with frequencies lower than the second cutoff threshold frequency
and claim 16 as the first cutoff frequency.
Referring to claim 16, claim 16 recites the term “about”, which is a relative term that renders the claim indefinite. The term “about” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Examiner interprets as set to 3 kilohertz.
Referring to claims 17-18 and 20, claims 17-18 and 20 recite the limitation "the ". There is insufficient antecedent basis for this limitation in the claims. Examiner interprets claim 13, line 4 as the user.
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)(1) 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.
Claim(s) 1-10, 13-14, and 21-29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Riggs et al. US Patent Publication No. 20190098431 (from IDS).
Referring to claim 1, Riggs et al. teaches a method comprising:
receiving sensor data corresponding with a physical characteristic of a user (para 0071: “At block 413, the process 400b receives measurements related user's anatomy from one or more sensors positioned near and/or on the user. In some embodiments, for example, one or more sensors positioned on a listening device (e.g., the listening devices 100a-100c of FIGS. 1A-1C) can acquire measurement data related to the anatomical structures (e.g., head size, orientation).”);
scaling a model to the physical characteristic (para 0072: “At block 414, the process 400b uses information from block 413 to scale or otherwise adjust the ILD and ITD to create an HRTF for the user's head.”);
modifying a function, representing an audio response, based on the scaled model to produce a modified function (para 0073: “At block 415, the process 400b computes a spectral model that includes fine-scale frequency response features associated with the pinna to create HRTFs for each of the user's ears, or a single HRTF that can be used for both of the user's ears. Acquired data related to user's anatomy received at block 413 may be used to create the spectral model for these HRTFs.”); and
generating an audio stream based on the modified function (Fig. 4B: signal is output at 418; para 0076: “processed signals maybe transmitted to a listening device (e.g., the listening devices 100a, 100b and/or 100c of FIGS. 1A-1C) for audio playback”).
Referring to claim 2, Riggs et al. teaches scaling the model to the physical characteristic includes determining a scaling factor by scaling the model to match the physical characteristic (para 0072).
Referring to claim 3, Riggs et al. teaches modifying the function includes modifying the function based on the scaling factor (paras 0072-0073).
Referring to claim 4, Riggs et al. teaches modifying the function includes warping a frequency of the function proportionally to the scaling factor (paras 0072, 0078).
Referring to claim 5, Riggs et al. teaches providing the audio stream to a user device (para 0076).
Referring to claim 6, Riggs et al. teaches generating, based on the sensor data, a representation of the physical characteristic; and selecting the model from a plurality of models based on the representation and a selection criterion (para 0092: “a user may reference database entries of HRTFs of users having similar anatomical shapes and sizes (e.g., similar head size, head shape, ear location and/or ear-shape) to select a custom HRTF/HRIR; para 0080: “measurements of human head width using one or more sensors (e.g…cameras); para 0135: “3D image that captures the listener's head”).
Referring to claim 7, Riggs et al. teaches the representation is a three-dimensional representation of the physical characteristic (para 0135: “3D image that captures the listener's head”).
Referring to claim 8, Riggs et al. teaches the selection criterion is tailored to match a shape of the physical characteristic more than a size of the physical characteristic (para 0092: “a user may reference database entries of HRTFs of users having similar anatomical shapes and sizes (e.g., similar head size, head shape, ear location and/or ear-shape) to select a custom HRTF/HRIR” – Examiner notes that size “and/or” shape implies that shape may be used rather than size, therefore, the selection would be based more on shape rather than size).
Referring to claim 9, Riggs et al. teaches selecting the model includes determining a volume of space between the representation of the physical characteristic and the plurality of models (para 0092).
Referring to claim 10, Riggs et al. teaches the selection criterion includes selecting a model of the plurality of models having a smallest volume of space between the representation of the physical characteristic (para 0092).
Referring to claim 13, Riggs et al. teaches the physical characteristic is a first physical characteristic, the model is a first model, the function is a first function, the audio response is a first audio response, and the modified function is a modified first function, and wherein the sensor data corresponds with a second physical characteristic of a user, the method further comprising: scaling a second model to the second physical characteristic; modifying a second function, representing a second audio response, based on the scaled second model to produce a modified second function; combining the modified first function and the modified second function to form a combined function, wherein generating the audio stream based on the modified function includes generating the audio stream based on the combined function (para 0090).
Referring to claim 14, Riggs et al. teaches combining the modified first function and the modified second function to form the combined function includes: determining a high-frequency component by applying a low-frequency filter to the modified first function; determining a low-frequency component by applying a high-frequency filter to the modified second function; and combining the low-frequency component and the high-frequency component to form the combined function (para 0090).
Referring to claim 21, Riggs et al. teaches a system comprising:
a computing device including an imaging sensor (Fig. 15A: computer 1510 with camera 1528, and
an electronic processor coupled to the computing device (Fig. 15A: processor 1515 of computer 1510) and configured to:
receive, from the imaging sensor, sensor data corresponding with a physical characteristic of a user (para 0071: “At block 413, the process 400b receives measurements related user's anatomy from one or more sensors positioned near and/or on the user. In some embodiments, for example, one or more sensors positioned on a listening device (e.g., the listening devices 100a-100c of FIGS. 1A-1C) can acquire measurement data related to the anatomical structures (e.g., head size, orientation).”);
scale a model to the physical characteristic (para 0072: “At block 414, the process 400b uses information from block 413 to scale or otherwise adjust the ILD and ITD to create an HRTF for the user's head.”);
modify a function, representing an audio response, based on the scaled model to produce a modified function (para 0073: “At block 415, the process 400b computes a spectral model that includes fine-scale frequency response features associated with the pinna to create HRTFs for each of the user's ears, or a single HRTF that can be used for both of the user's ears. Acquired data related to user's anatomy received at block 413 may be used to create the spectral model for these HRTFs.”); and
provide an audio stream based on the modified function (Fig. 4B: signal is output at 418; para 0076: “processed signals maybe transmitted to a listening device (e.g., the listening devices 100a, 100b and/or 100c of FIGS. 1A-1C) for audio playback”).
Referring to claim 22, Riggs et al. teaches the model is scaled to the physical characteristic by determining a scaling factor by scaling the model to match the physical characteristic (para 0072).
Referring to claim 23, Riggs et al. teaches the function is modified based on the scaling factor (paras 0072-0073).
Referring to claim 24, Riggs et al. teaches the function is modified by warping a frequency of the function proportionally to the scaling factor (paras 0072, 0078).
Referring to claim 25, Riggs et al. teaches a method comprising:
modifying a function representing an audio response using on a model scaled to a physical characteristic of a user based on sensor data corresponding with the physical characteristic (para 0071: “At block 413, the process 400b receives measurements related user's anatomy from one or more sensors positioned near and/or on the user. In some embodiments, for example, one or more sensors positioned on a listening device (e.g., the listening devices 100a-100c of FIGS. 1A-1C) can acquire measurement data related to the anatomical structures (e.g., head size, orientation).”; para 0072: “At block 414, the process 400b uses information from block 413 to scale or otherwise adjust the ILD and ITD to create an HRTF for the user's head.”; para 0073: “At block 415, the process 400b computes a spectral model that includes fine-scale frequency response features associated with the pinna to create HRTFs for each of the user's ears, or a single HRTF that can be used for both of the user's ears. Acquired data related to user's anatomy received at block 413 may be used to create the spectral model for these HRTFs.”); and
generating an audio stream based on the modified function (Fig. 4B: signal is output at 418; para 0076: “processed signals maybe transmitted to a listening device (e.g., the listening devices 100a, 100b and/or 100c of FIGS. 1A-1C) for audio playback”).
Referring to claim 26, Riggs et al. teaches the sensor data includes environment data corresponding to an environment around the user, the method further comprising modifying the function based on the environment data (para 0108).
Referring to claim 27, Riggs et al. teaches generating, based on the sensor data, a representation of the physical characteristic; and selecting the model from a plurality of models based on the representation and a selection criterion (para 0092: “a user may reference database entries of HRTFs of users having similar anatomical shapes and sizes (e.g., similar head size, head shape, ear location and/or ear-shape) to select a custom HRTF/HRIR; para 0080: “measurements of human head width using one or more sensors (e.g…cameras); para 0135: “3D image that captures the listener's head”).
Referring to claim 28, Riggs et al. teaches the physical characteristic is a first physical characteristic, the model is a first model, the function is a first function, the audio response is a first audio response, and the modified function is a modified first function, and wherein the sensor data corresponds with a second physical characteristic of a user, the method further comprising: scaling a second model to the second physical characteristic; modifying a second function, representing a second audio response, based on the scaled second model to produce a modified second function; combining the modified first function and the modified second function to form a combined function, wherein generating the audio stream based on the modified function includes generating the audio stream based on the combined function (para 0090).
Referring to claim 29, Riggs et al. teaches combining the modified first function and the modified second function to form the combined function includes: determining a high-frequency component by applying a low-frequency filter to the modified first function; determining a low-frequency component by applying a high-frequency filter to the modified second function; and combining the low-frequency component and the high-frequency component to form the combined function (para 0090).
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) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riggs et al. as applied to claims 1, 6, and 9 above, and further in view of Li US Publication No. 20070247459.
Referring to claim 11, Riggs et al. does not teach specific types of calculations to determine head size, but Li teaches the volume of space is determined using a plurality of optimization variables that include an origin, a rotation about the origin, and a scaling factor (para 0007). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to determine sizing based on origin, scaling, and rotation, as taught in Li, because these parameters can help to determine the volume of an object, which can be used to determine the head size in Riggs et al., so that an appropriate HRTF can be chosen.
Referring to claim 12, Li teaches determining the scaling factor (para 0007 – Examiner notes that the scaling factor is used to determine size, therefore, when Li is applied to Riggs et al., selecting the model includes the scaling factor). Motivation to combine is the same as in claim 11.
Claim(s) 15-17, 19-20, and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riggs et al. as applied to claims 1, 13-14, 25, and 28-29 above, and further in view of Edwards et al. US Publication No. 20090290739.
Referring to claim 15, Riggs et al. does not teach the details of how low and high frequency components are determined, but Edwards teaches the low-frequency filter includes an electronic filter that passes signals with a frequency lower than a cutoff threshold frequency and attenuates signals with frequencies higher than the cutoff threshold frequency, and wherein the high-frequency filter includes an electronic filter that passes signals with a frequency higher than a cutoff threshold frequency and attenuates signals with frequencies lower than the cutoff threshold frequency (para 0024). It would have been obvious to use lows pass and high pass filters with cutoff frequencies, as taught in Edwards et al., in the method of Riggs et al. because it is a well know way of determining high and low frequency components, and setting cutoff frequencies can help “enhance spatial perception”.
Referring to claim 16, Edwards et al. teaches the cutoff threshold frequency is set to about 3 kilohertz (para 0024). Motivation to combine is the same as in claim 15.
Referring to claim 17, Riggs et al. teaches the physical characteristic of the user is related to a head of the user or at least one pinna of the user (para 0071).
Referring to claim 19, Riggs et al. teaches the model is a head-and-torso model (para 0066), and wherein the function is a head related transfer function associated with the model (para 0073).
Referring to claim 20, Riggs et al. teaches the modified function is a head related transfer function personalized for the user (para 0073).
Referring to claim 30, does not teach the details of how low and high frequency components are determined, but Edwards teaches the low-frequency filter includes an electronic filter that passes signals with a frequency lower than a cutoff threshold frequency and attenuates signals with frequencies higher than the cutoff threshold frequency, and wherein the high-frequency filter includes an electronic filter that passes signals with a frequency higher than a cutoff threshold frequency and attenuates signals with frequencies lower than the cutoff threshold frequency (para 0024). It would have been obvious to use lows pass and high pass filters with cutoff frequencies, as taught in Edwards et al., in the method of Riggs et al. because it is a well know way of determining high and low frequency components, and setting cutoff frequencies can help “enhance spatial perception”.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riggs et al. and Edwards et al., as applied to claims 1 and 13-17 above, and further in view of Tussy US Publication No. 20160063235.
Referring to claim 18, Riggs et al. teaches the sensor data is produced by an imaging device coupled to a mobile device (para 0089). However, Riggs et al. and Edwards et al. do not teach prompting the user to capture images, but Tussy teaches the sensor data are images captured by the imaging device while the user moves the mobile device around the head or the at least one pinna of the user based on a prompt provided via a display associated with the mobile device (paras 0019, 0083). It would have been obvious to one having ordinary skill in the art before the effective date of the claimed invention to prompt the user to move around for capturing images, as taught in Tussy et al., in the method of Riggs et al. and Edwards et al. because it informs the user to capture images at an appropriate time so that the system can form 2D and 3D images to help determine size and shape of a user’s head.
Conclusion
Examiner respectfully requests, in response to this Office Action, 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 number(s) in the specification and/or drawing figure(s). This will assist Examiner in prosecuting the application.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections. See 37 CFR 1.111(c).
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/KATHERINE A FALEY/Primary Examiner, Art Unit 2693
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