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 .
Response to Amendment
1. This communication in response to an amendment filed 09/15/2026. Claims 1, 9 and 17 have been amended. No claims have been added. No claims have been canceled. Claims 1-20 are still pending in this application.
Claim Rejections - 35 USC § 103
2. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhartikar et al. (Pub.No.: 2008/0279318 A1) in view of Mehrabi et al. (Pub.No.: 2024/0259761 A1).
Regarding claims 1, 9 and 17, Bhartikar teaches an apparatus, method and computer-readable storage medium (reads on room acoustic equalization and filters used for acoustic equalization, see [0001, 0008 and 0028-0029]) comprising:
a memory (Bhartikar teaches one or more computers/processing devices executing software instructions [0029]. A processor executing software instructions would have had memory/storage for the instructions and filter data); and
a processor communicably coupled to the memory (reads on equalization filter 16/ equalizer 16 that produce equalized signal applied to loudspeaker 20, see also computing equalization filters as discussed in [0028-0029, 0030-0033 and 0038-0040]), the processor configured to:
control equalization applied to a loudspeaker within a location based on acoustic characteristics of the location and the loudspeaker (reads on loudspeaker-room acoustic equalization, where a loudspeaker is placed in a room and the loudspeaker is measured and equalized, see [0002, 0004, 0008 ,0028-0029, 0038-0040, 0043 and 0046]);
receive audio measurements of the loudspeaker and location from at least one microphone that is also located in the location (reads on measuring loudspeaker-room impulse response at a measurement/listener position, see [0028-0029 and 0043]); and
modify at least one equalization setting of the loudspeaker based on relative values of the time-domain metric in the one or more fractional-octave frequency bands (reads on modifying EQ/filter settings across low/high frequency paths and octave/fractional-octave frequency regions, see [0038-0040 and 0046]).
Bhartikar features addressed in the above rejection. Bhartikar does not specifically teach “calculating data for a time-domain metric selected from Definition and Clarity of the location and loudspeaker, in one or more fractional octave frequency bands (Bhartikar teaches the fractional octave/frequency band framework. Bhartikar teaches octave band smoothing/resolution, including 1/3-octave and 1/12 octave resolution, and uses frequency band equalization, see [0038-0040]), based on the audio measurements, and derive frequency-domain equalization magnitude adjustments from the data for the time-domain metric to improve subjective sound quality in the location”.
However, Liao teaches calculating environmental acoustic parameters from target audio/response data, including Definition (D50) and Clarity (C50/C80). Liao further teaches that environmental acoustic parameters may include Reverberation Time (RT), Early Decay Time (EDT), Clarity (C50/C80), Center Time (Ts), and Definition (D50). Liao further teaches calculating clarity based on a ratio of energy, including C50 as energy from 0 to 50 millisecond divided by total energy, and generating calibration parameter/digital equalizer parameter based on the target environmental acoustic parameters, see entire discussions in col. 7, col. 10-11 and col. 13-14.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bhartikar’s loudspeaker-room equalization system to calculate Definition/Clarity time-domain acoustic metrics from measures audio/impulse-response data, as taught by Liao, and to usr those acoustic metrics to derive or adjust digital equalizer parameters, because Bhartikar already measures loudspeaker-room response from room equalization and Lio teaches using environmental acoustic parameters, including D50 and C50/C80, to generate digital equalizer calibration parameters. The combination would have predictably improved Bhartikar’s room equalization by allowing the equalization settings to be adjusted based on perceptually relevant time-domain acoustic characteristic of the listening environment.
Regarding claims 2, 10 and 18, the combination of Bhartikar in view of Liao teaches wherein the processor is configured to modify phase and magnitude setting of at least one frequency band of the loudspeaker based on the relative values of the time-domain metric in the one or more fractional-octave frequency bands (in Bhartikar this reads on correcting magnitude response/flat magnitude response/level adjustment, see [0004, 0008, 0038-0040] and [0049]. Bhartikar also teaches minimum-phase FIR equalization filter, see [0008 and 0036-0037]. note that minimum-phase equalization filter necessarily has a phase response associated with the filter transfer function. In addition, Bhartikar teaches low-frequency and high-frequency equalization paths and octave-band smoothing/resolution, see [0030 and 0038-0040]. Liao teaches gain/attenuation adjustment across frequency bands by filters, see (col. 7, lines 37-60 and col. 8, lines 1-5)).
Regarding claims 3, 11 and 19, the combination of Bhartikar in view of Liao teaches wherein the audio measurements comprise a room impulse response (RIR) measured by the at least one microphone, and the processor is configured to remove ambient noise from the RIR and calculating time-domain metrics in one or more fractional-octave frequency bands based on the RIR with ambient noise removed (Bhartikar teaches measuring the loudspeaker-room impulse response at a listener/measurement position see [0028-0029], and room response measurement [0043] and Liao teaches test-signal/ambient-sound collection and response signals, see col. 6, lines 33-49, and preprocessing including noise reduction to improve calibration accuracy, see col. 7, line 31-36. Note that Bhartikar support the fractional octave as discussed in [0040]).
Regarding claims 4, 12 and 20, the combination of Bhartikar in view of Liao teaches wherein the processor is configured to calculate a Definition metric of the RIR using a split time in a range of 10 milliseconds to 250 milliseconds in 1/N octave bands, where N comprises an integer value of at least one of 1, 3, 6, 12, and 24, and modify the at least one equalization setting of the loudspeaker based on the relative values of the Definition metric in the 1/N octave bands (Liao teaches analyzing Definition D50 and Clarity C50/C80 as environmental acoustic parameters, see col. 7, lines 18-30 and 50 ms energy ratio clarity calculation, see col. 11, lines 1-15. Bhartikar also teaches 1/3-octave and 1/12-octave resolution/smoothing (see [0040]). Thus, the recited 1/N octave bands are met at least by N=3).
Regarding claims 5 and 13, the combination of Bhartikar in view of Liao teaches wherein the processor is configured to calculate a Definition metric of the RIR using a preferred 50 millisecond split times in 1/N octave bands, where N comprises an integer value of at least one of 1, 3, 6, 12, and 24, and modify the at least one equalization setting of the loudspeaker based on the relative values of the Definition metric in the 1/N octave bands (Liao teaches C50 using energy from 0-50 ms and ratio to total energy, see col. 11, lines 1-15, and Definition D50, see col. 7, lines 18-30. Bhartikar teaches 1/N octave support via 1/3 and 1/12 octave, see [0040]).
Regarding claims 6 and 14, the combination of Bhartikar in view of Liao teaches wherein the processor is configured to calculate a Reverb Time metric of the RIR in 1/N octave bands, where N comprises an integer value of at least one of 1, 3, 6, 12, and 24, and modify the at least one equalization setting of the loudspeaker based on the relative values of the Reverb Time metric in the 1/N octave bands (Liao teaches Reverberation Time as an environmental acoustic parameter, see col. 7, lines 18-25 and calculating reverberation time from an energy decay curve, see col. 2, lines 35-45. Bhartikar teaches octave/fractional-octave framework, see [0040]).
Regarding claims 7 and 15, the combination of Bhartikar in view of Liao teaches wherein the processor is further configured to calculate frequency-domain equalization values based on the relative values of the time-domain metric in the one or more fractional-octave frequency bands, and modify the at least one equalization setting of the loudspeaker based on the frequency-domain equalization values (note that Bhartikar teaches measuring h(n), transforming/using H(z), computing equalization filters F(z)/G(z), smoothing magnitude response, and level adjustment, see [0028-0029], [0038-0040]. Liao teaches generating digital EQ calibration/filter parameters from environmental acoustic parameters, see col. 7, lines 37-60, col. 8, lines 1-5, col. 11, lines 37-65 and col. 12, lines 1-7).
Regarding claims 8 and 16, the combination of Bhartikar in view of Liao teaches wherein the processor is configured to augment a level of the equalization for at least one frequency band of the loudspeaker and attenuate another level of the equalization for at least one other frequency band of the loudspeaker based on the relative values of the time-domain metric at different frequency bands (Bhartikar teaches low-frequency and high-frequency equalization paths and automatic level adjustment between the equalization paths (see [0008, 0039-0040 and 0046]). Liao teaches gain/attenuation adjustment across different frequency bands by filter parameters, see col. 7, lines 37-60 and col. 8, lines 1-5. Also, gain values from mid/low frequencies, see col. 13, lines 1-11).
Response to Arguments
3. Applicant’s arguments for independent claims 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.
Conclusion
4. 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 extension fee 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 date of this final action.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rasha S. Al-Aubaidi whose telephone number is (571) 272-7481. The examiner can normally be reached on Monday-Friday from 8:30 am to 5:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ahmad Matar, can be reached on (571) 272-7488.
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/RASHA S AL AUBAIDI/ Primary Examiner, Art Unit 2693
