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 .
Information Disclosure Statement
The information disclosure statement filed 1/27/25 fails to comply with 37 CFR 1.98(a)(1), which requires the following: (1) a list of all patents, publications, applications, or other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent application publications listed in a section separately from citations of other documents; (3) the application number of the application in which the information disclosure statement is being submitted on each page of the list; (4) a column that provides a blank space next to each document to be considered, for the examiner’s initials; and (5) a heading that clearly indicates that the list is an information disclosure statement.
The following citation appears incomplete:
NPL document # 27:
30) Mixing Techniques for Ambisonic Sound Production. Japan Broadcasting Corporation (NHK), Tokyo, Japan; Paper EB1-4; 2018.
The information disclosure statement has been placed in the application file, but the information referred to therein and specified above has not been considered.
Claim Rejections - 35 USC § 102
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) 1-12, 15-18, and 20-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muesch (US 20160071527).
Regarding claim 1, Muesch teaches an apparatus for generating one or more audio output channels from one or more audio signals, wherein the apparatus comprises:
a gain determiner configured to generate or to receive gain information (attenuation control values, [0106]),
wherein the gain information indicates for each audio signal of at least one audio signal of the one or more audio signals (center channel and left and right channels, [0046]) how to attenuate or how to amplify said audio signal depending on a position associated with said audio signal and a reference position (S3 and S4, for different channels L and R, fig 1A, [0047]), and
a signal generator configured to generate the one or more audio output channels from the one or more audio signals by attenuating or amplifying the at least one audio signal depending on the gain information (ducking amplifier 116 and 117, fig 1A, [0047]).
Regarding claim 2, Muesch teaches an apparatus according to claim 1, wherein the gain determiner is configured to generate, depending on the position associated with each audio signal of the at least one audio signal and the reference position, the gain information; or wherein the gain determiner is configured to receive the gain information from another apparatus (S3 and S4, for different channels L and R, fig 1A, [0047]).
Regarding claim 3, Muesch teaches an apparatus according to claim 1, wherein the gain determiner is configured to receive the gain information within a bitstream (control data from control interface, [0109]).
Regarding claim 4, Muesch teaches an apparatus according to claim 1, wherein the signal generator is configured to generate the one or more audio output channels by mixing the one or more audio signals after the at least one audio signal of the one or more audio signals have been attenuated or have been amplified (the derived non-speech channel can be generated by summing or otherwise mixing or combining at least two non-speech channels of the audio signal, [0019]); and/or wherein the gain information is gain modification information, wherein the gain determiner is configured to receive initial gain information, and is configured to generate modified gain information from the initial gain information using the gain modification information, and wherein the signal generator is configured to generate the one or more audio output channels from the one or more audio signals by applying the modified gain information on the at least one audio signal (S3 and S4, for different channels L and R, fig 1A, [0047]).
Regarding claim 5, Muesch teaches an apparatus for encoding one or more audio signals within a bitstream, wherein the apparatus comprises: a gain determiner configured to generate gain information, wherein the gain information indicates for each audio signal of at least one audio signal of the one or more audio signals how to attenuate or how to amplify said audio signal depending on a position associated with said audio signal and a reference position (derived non-speech channel can be generated by summing or otherwise mixing or combining at least two non-speech channels of the audio signal, [0019]), and a bitstream generator configured to encode the one or more audio signals within a bitstream, wherein the bitstream generator is configured to generate the bitstream such that the bitstream comprises the gain information (a decoder system, and a system including such a subsystem (e.g., a system that generates X output signals in response to multiple inputs, in which the subsystem generates M of the inputs and the other X-M inputs are received from an external source) may also be referred to as a decoder system, [0010]).
Regarding claim 6, Muesch teaches an apparatus for obtaining gain information, comprising: a user interface comprising an input unit, which enables a user to enter input information, wherein the input information comprises the gain information or wherein the apparatus is configured to derive the gain information from the input information, wherein the gain information indicates for each audio signal of at least one audio signal of one or more audio signals how to attenuate or how to amplify said audio signal depending on a position associated with said audio signal and a reference position (scaling in response to an attenuation control value, [0019]).
Regarding claim 7 Muesch teaches an apparatus according to claim 6, wherein the apparatus comprises a bitstream generator configured to encode the one or more audio signals within a bitstream, wherein the bitstream generator is configured to generate the bitstream such that the bitstream comprises the gain information (a decoder system, and a system including such a subsystem (e.g., a system that generates X output signals in response to multiple inputs, in which the subsystem generates M of the inputs and the other X-M inputs are received from an external source) may also be referred to as a decoder system, [0010]); or wherein the apparatus further comprises a signal generator configured to generate one or more audio output channels from the one or more audio signals by attenuating or amplifying the at least one audio signal depending on the gain information (S3 and S4, for different channels L and R, fig 1A, [0047]; ducking amplifier 116 and 117, fig 1A, [0047]).
Regarding claim 8 Muesch teaches an apparatus according to claim 1, wherein the reference position is a physical or a virtual position of a loudspeaker in an environment (left channel, fig 1A); and/or wherein the reference position is associated with an audio signal of the one or more audio signals; and/or wherein the reference position is an actual replay position or an assumed replay position of a loudspeaker that is to replay an audio signal of the one or more audio signals or that is to replay an audio signal derived from said audio signal, and wherein, for each audio signal of the at least one audio signal, the position associated with said audio signal is an actual replay position or an assumed replay position of a loudspeaker that is to replay said audio signal or that is to replay an audio signal derived from said audio signal.
Regarding claim 9 Muesch teaches an apparatus according to claim 1, wherein the gain information indicates for each audio signal of at least one audio signal of the one or more audio signals how to attenuate or how to amplify said audio signal depending on a distance between the position associated with said audio signal and the reference position; and/or wherein the gain information indicates for at least one of the at least one audio signal that said one of the audio signals shall be attenuated less or shall be amplified more compared to another one of the at least one audio signal, if a first distance between the position associated with said one of the at least one audio signal and the reference position is greater than a second distance between the position associated with said other one of the at least one audio signal and the reference position (S3 and S4, for different channels L and R, fig 1A, [0047]; ducking amplifier 116 and 117, fig 1A, [0047]).
Regarding claim 10 Muesch teaches an apparatus according to claim 1, wherein the one or more audio signals are two or more audio signals, and wherein the at least one audio signal are at least two audio signals (L and R, fig 1A).
Regarding claim 11 Muesch teaches an apparatus according to claim 9, wherein the one or more audio signals are two or more audio signals, wherein the at least one audio signal are at least two audio signals (L and R, fig 1A), wherein the gain information individually indicates for each audio signal of the at least two audio signals how to attenuate or how to amplify said audio signal, wherein the gain information individually indicates for each audio signal of the at least two audio signals how to attenuate or how to amplify said audio signal depending on the position associated with said audio signal and the reference position, wherein the gain information individually indicates for each audio signal of the at least two audio signals how to attenuate or how to amplify said audio signal depending on the distance between the position associated with said audio signal and the reference position (S3 and S4, for different channels L and R, fig 1A, [0047]).
Regarding claim 12 Muesch teaches an apparatus according to claim 1, wherein the gain determiner is configured to determine the gain information such that the gain information indicates gain information for each audio signal of the at least one audio signal, and such that a sum of an energy of each of the at least one audio signal after attenuation or amplification corresponds or is estimated to correspond to a reference energy or is proportional or is estimated to be proportional to the reference energy (loudness model, fig 3).
Regarding claim 15, Muesch teaches an apparatus according to claim 1, wherein the gain information indicates for each audio signal of the at least one audio signal how to attenuate or how to amplify said audio signal depending on an angle between the position associated with said audio signal and the reference position (conventions in surround sound specify angles for channels in standard layout, [0007]; L, C, R, fig 1A).
Regarding claim 16, Muesch teaches an apparatus according to claim 1, wherein the gain information comprises a per-channel gain for each of the at least one audio signal, wherein, to generate the one or more audio output channels, the signal generator is configured to apply, for each one of the one or more audio signals, the per-channel gain for said one of the at least one audio signal on said one of the at least one audio signal (S3 and S4, for different channels L and R, fig 1A, [0047]).
Regarding claim 17, Muesch teaches an apparatus according to claim 1, wherein the position associated with each of the at least one audio signal and the reference position are located on a circle or on an ellipsoid or on a three-dimensional area surrounding the listener (conventions in surround sound specify angles for channels in standard layout, [0007]; L, C, R, fig 1A).
Regarding claim 18, Muesch teaches an apparatus according to claim 1, wherein the gain information indicates for each audio signal of the at least one audio signal how to attenuate or how to amplify said audio signal depending on the position associated with said audio signal and the reference position (S3 and S4, for different channels L and R, fig 1A, [0047]).
Regarding claim 20, Muesch teaches an apparatus according to claim 1, wherein the apparatus comprises a signal decoder (a decoder system, and a system including such a subsystem (e.g., a system that generates X output signals in response to multiple inputs, in which the subsystem generates M of the inputs and the other X-M inputs are received from an external source) may also be referred to as a decoder system, [0010]).
Regarding claim 21, Muesch teaches an apparatus according to claim 1, wherein the apparatus comprises a signal encoder (a decoder system, and a system including such a subsystem (e.g., a system that generates X output signals in response to multiple inputs, in which the subsystem generates M of the inputs and the other X-M inputs are received from an external source) may also be referred to as a decoder system, [0010]; inherently, there must be an encoder for a stream to be able to be decoded).
Claim 22 is substantially similar to claim 1 and is rejected for the same reasons.
Claim 23 is substantially similar to claim 5 and is rejected for the same reasons.
Claim 24 is substantially similar to claim 6 and is rejected for the same reasons.
Regarding claim 25, Muesch teaches a non-transitory digital storage medium having a computer program stored thereon to perform the method according to claim 22 when said computer program is run by a computer (the invention include a system configured (e.g., programmed) to perform any embodiment of the inventive method, and a computer readable medium (e.g., a disc) which stores code for implementing any embodiment of the inventive method, [0032]).
Regarding claim 26, Muesch teaches a non-transitory digital storage medium having a computer program stored thereon to perform the method according to claim 23 when said computer program is run by a computer (the invention include a system configured (e.g., programmed) to perform any embodiment of the inventive method, and a computer readable medium (e.g., a disc) which stores code for implementing any embodiment of the inventive method, [0032]).
Regarding claim 27, Muesch teaches a non-transitory digital storage medium having a computer program stored thereon to perform the method according to claim 24 when said computer program is run by a computer (the invention include a system configured (e.g., programmed) to perform any embodiment of the inventive method, and a computer readable medium (e.g., a disc) which stores code for implementing any embodiment of the inventive method, [0032]).
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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muesch and Valin (US 11924367).
Regarding claim 13 Muesch teaches an apparatus according to claim 12.
Although Muesch does not explicitly teach wherein the gain determiner is configured to determine the gain such that a total energy of the at least one audio signal after attenuation or amplification corresponds or is estimated to correspond to a reference energy or is proportional or is estimated to be proportional to the reference energy by employing a loss function, Valin teaches a loss function for controlling gain estimations (Valin, col 11, ln 50-59) and it would have been obvious to one of ordinary skill in the art to incorporate a loss function in Muesch since doing so is the use of a known technique to improve a similar system in the same way.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muesch and Olivieri (US 20200402529).
Regarding claim 19, Muesch teaches an apparatus according to claim 1
Although Muesch does not explicitly teach wherein the gain determiner is configured to generate and to quantize the gain information, or wherein the gain determiner is configured to receive the gain information as quantized information, Olivieri teaches a quantized gain for a decoder to reconstruct an audio signal (Olivieri, [0123]) and it would have been obvious to one of ordinary skill in the art to incorporate a quantized gain in Muesch since doing so is the use of a known technique to improve a similar system in the same way.
Allowable Subject Matter
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kile Blair whose telephone number is (571)270-3544. The examiner can normally be reached M-F.
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/KILE O BLAIR/Primary Examiner, Art Unit 2691
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