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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-11 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, and 6 of Patent 10707824. Although the conflicting claims are not identical, they are not patentably distinct from each other because: claims 1, and 6 of Patent 10707824 teaches all the limitations in the claims 1, 6 and 11 of instant application because the claims are obvious variants of each other. Patent 10707824 teaches outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment, since claims 1 recites a loudness normalization method which comprises said modified first and second audio segments and claim 6 recites audio processing apparatus configured to normalize loudness which comprises said modified first and second audio segments. Therefore, the patented claims 1 and 6 are obvious variants of claims 1, 6 and 11 of the instant application.
Dependent Claims 2-5, 7-10 are rejected by claims 2-5, 7-10 of Patent 10707824 respectively
Patent 10707824
Instant Application 18/936478
1. A loudness normalization method based upon a target loudness value, the method comprising:
determining dynamic gain parameters to be applied to audio segments of an audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; and modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment,
wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
6. An audio processing apparatus configured to normalize loudness based upon a target loudness value, comprising: at least one processor; and at least one memory storing a computer program; in which the at least one memory with the computer program is configured with the at least one processor to cause the audio processing apparatus to at least: determine dynamic gain parameters to be applied audio segments of an audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modify a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; and modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
1. A loudness normalization method based upon a target loudness value, the method comprising: receiving an audio signal comprising a plurality of audio segments;
determining dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment;
and outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment,
wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
6. An audio processing apparatus configured to normalize loudness based upon a target loudness value, comprising: at least one processor; and at least one memory storing a computer program; in which the at least one memory with the computer program is configured with the at least one processor to cause the audio processing apparatus to at least: receive an audio signal comprising a plurality of audio segments; determine dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modify a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment; and output a normalized audio signal comprising the modified first audio segment and the modified second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
11. A program storage device readable by a machine, tangibly embodying a program of instructions executable by the machine for causing to perform operations, said operations comprising: receiving an audio signal comprising a plurality of audio segments; determining dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment; and outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
Claims 1-11 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, and 6 of Patent 11218126. Although the conflicting claims are not identical, they are not patentably distinct from each other because: claims 1, and 6 of Patent 11218126 teaches all the limitations in the claims 1, 6 and 11 of instant application because the claims are obvious variants of each other. Patent 11218126 teaches outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment, since claims 1 recites a loudness normalization method which comprises said modified first and second audio segments and claim 6 recites audio processing apparatus configured to normalize loudness which comprises said modified first and second audio segments. Therefore, the patented claims 1 and 6 are obvious variants of claims 1, 6 and 11 of the instant application.
Dependent Claims 2-5, 7-10 are rejected by claims 2-5, 7-10 of Patent 11218126 respectively
Patent 11218126
Instant Application 18/936478
1. A loudness normalization method based upon a target loudness value, the method comprising:
determining dynamic gain parameters to be applied to audio segments of an audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; and
modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment,
wherein the long-term characteristic is determined differently from the short-term characteristic, and
a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
6. An audio processing apparatus configured to normalize loudness based upon a target loudness value, comprising: at least one processor; and at least one memory storing a computer program; in which the at least one memory with the computer program is configured with the at least one processor to cause the audio processing apparatus to at least: determine dynamic gain parameters to be applied audio segments of an audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modify a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; and modify a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment, wherein the long-term characteristic is determined differently from the short-term characteristic, and a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
1. A loudness normalization method based upon a target loudness value, the method comprising: receiving an audio signal comprising a plurality of audio segments;
determining dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment;
modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment;
and outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment,
wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
6. An audio processing apparatus configured to normalize loudness based upon a target loudness value, comprising: at least one processor; and at least one memory storing a computer program; in which the at least one memory with the computer program is configured with the at least one processor to cause the audio processing apparatus to at least: receive an audio signal comprising a plurality of audio segments; determine dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modify a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment; and output a normalized audio signal comprising the modified first audio segment and the modified second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
11. A program storage device readable by a machine, tangibly embodying a program of instructions executable by the machine for causing to perform operations, said operations comprising: receiving an audio signal comprising a plurality of audio segments; determining dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment; and outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
Claims 1-11 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, and 6 of Patent 11711062. Although the conflicting claims are not identical, they are not patentably distinct from each other because: claims 1, and 6 of Patent 11711062 teaches all the limitations in the claims 1, 6 and 11 of instant application because the claims are obvious variants of each other. Patent 11711062 teaches outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment, since claims 1 recites a loudness normalization method which comprises said modified first and second audio segments and claim 6 recites audio processing apparatus configured to normalize loudness which comprises said modified first and second audio segments. Therefore, the patented claims 1 and 6 are obvious variants of claims 1, 6 and 11 of the instant application.
Dependent Claims 2-5, 7-10 are rejected by claims 2-5, 7-10 of Patent 11711062 respectively
Patent 11711062
Instant Application 18/936478
1. A loudness normalization method based upon a target loudness value, the method comprising:
determining dynamic gain parameters to be applied to audio frames of an audio signal based upon short-term or long-term characteristics of the audio signal,
said determining including determining a dynamic gain parameter for a first audio frame based on a short-term characteristic of the audio signal and the target loudness value, and determining a dynamic gain parameter for a second audio frame based on a long-term characteristic of the audio signal and the target loudness value;
scaling the first audio frame by the dynamic gain parameter for the first audio frame to modify a loudness of the first audio frame to be consistent on playback with the target loudness; and scaling the second audio frame by the dynamic gain parameter for the second audio frame to modify a loudness of the second audio frame to be consistent on playback with the target loudness.
6. An audio processing apparatus configured to normalize loudness based upon a target loudness value, comprising: at least one processor; and at least one memory storing a computer program; in which the at least one memory with the computer program is configured with the at least one processor to cause the audio processing apparatus to at least: determine dynamic gain parameters to be applied audio frames of an audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining a dynamic gain parameter for a first audio frame based on a short-term characteristic of the audio signal and the target loudness value, and determining a dynamic gain parameter for a second audio frame based on a long-term characteristic of the audio signal and the target loudness value; scaling the first audio frame by the dynamic gain parameter for the first audio frame to modify a loudness of the first audio frame to be consistent on playback with the target loudness; and scaling the second audio frame by the dynamic gain parameter for the second audio frame to modify a loudness of the second audio frame to be consistent on playback with the target loudness.
1. A loudness normalization method based upon a target loudness value, the method comprising: receiving an audio signal comprising a plurality of audio segments;
determining dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said
determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value;
modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment;
modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment;
and outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment,
wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
6. An audio processing apparatus configured to normalize loudness based upon a target loudness value, comprising: at least one processor; and at least one memory storing a computer program; in which the at least one memory with the computer program is configured with the at least one processor to cause the audio processing apparatus to at least: receive an audio signal comprising a plurality of audio segments; determine dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modify a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment; and output a normalized audio signal comprising the modified first audio segment and the modified second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
11. A program storage device readable by a machine, tangibly embodying a program of instructions executable by the machine for causing to perform operations, said operations comprising: receiving an audio signal comprising a plurality of audio segments; determining dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment; and outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
Claims 1-11 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, and 6 of Patent 12166460. Although the conflicting claims are not identical, they are not patentably distinct from each other because: claims 1, and 6 of Patent 12166460 teaches all the limitations in the claims 1, 6 and 11 of instant application because the claims are obvious variants of each other. Patent 12166460 teaches outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment, since claims 1 recites a loudness normalization method which comprises said modified first and second audio segments and claim 6 recites audio processing apparatus configured to normalize loudness which comprises said modified first and second audio segments. Therefore, the patented claims 1 and 6 are obvious variants of claims 1, 6 and 11 of the instant application.
Dependent Claims 2-5, 7-10 are rejected by claims 2-5, 7-10 of Patent 12166460 respectively
Patent 12166460
Instant Application 18/936478
1. A loudness normalization method based upon a target loudness value, the method comprising:
determining dynamic gain parameters to be applied to audio frames of an audio signal based upon short-term or long-term characteristics of the audio signal,
said determining including determining a dynamic gain parameter for a first audio frame based on a short-term characteristic of the audio signal and the target loudness value, and
determining a dynamic gain parameter for a second audio frame based on a long-term characteristic of the audio signal and the target loudness value;
scaling the first audio frame by the dynamic gain parameter for the first audio frame to modify a loudness of the first audio frame to be consistent on playback with the target loudness; and
scaling the second audio frame by the dynamic gain parameter for the second audio frame to modify a loudness of the second audio frame to be consistent on playback with the target loudness, wherein the long-term characteristic is determined differently from the short-term characteristic.
6. An audio processing apparatus configured to normalize loudness based upon a target loudness value, comprising: at least one processor; and at least one memory storing a computer program; in which the at least one memory with the computer program is configured with the at least one processor to cause the audio processing apparatus to at least: determine dynamic gain parameters to be applied audio frames of an audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining a dynamic gain parameter for a first audio frame based on a short-term characteristic of the audio signal and the target loudness value, and determining a dynamic gain parameter for a second audio frame based on a long-term characteristic of the audio signal and the target loudness value; scaling the first audio frame by the dynamic gain parameter for the first audio frame to modify a loudness of the first audio frame to be consistent on playback with the target loudness; and scaling the second audio frame by the dynamic gain parameter for the second audio frame to modify a loudness of the second audio frame to be consistent on playback with the target loudness, wherein the long-term characteristic is determined differently from the short-term characteristic.
1. A loudness normalization method based upon a target loudness value, the method comprising: receiving an audio signal comprising a plurality of audio segments;
determining dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said
determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and
determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value;
modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment;
modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment;
and outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment,
wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
6. An audio processing apparatus configured to normalize loudness based upon a target loudness value, comprising: at least one processor; and at least one memory storing a computer program; in which the at least one memory with the computer program is configured with the at least one processor to cause the audio processing apparatus to at least: receive an audio signal comprising a plurality of audio segments; determine dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modify a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment; and output a normalized audio signal comprising the modified first audio segment and the modified second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
11. A program storage device readable by a machine, tangibly embodying a program of instructions executable by the machine for causing to perform operations, said operations comprising: receiving an audio signal comprising a plurality of audio segments; determining dynamic gain parameters to be applied to the plurality of audio segments of the audio signal based upon short-term or long-term characteristics of the audio signal, said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment; and outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments.
Allowable Subject Matter
Claims 1-11 would be allowable if a terminal disclaimer is filed to overcome the double patenting rejection(s) set forth in this office action.
The following is an examiner’s statement of reasons for allowance:
Independent claims 1, 6, 11 are allowed because the closest cited prior art Crockett (US 2009/0220109) either alone or in combination, fails to anticipate or render obvious, the claimed limitation of “said determining including determining one or more dynamic gain parameters for a first audio segment based on a short-term characteristic of the audio signal and the target loudness value, and determining one or more dynamic gain parameters for a second audio segment based on a long-term characteristic of the audio signal and the target loudness value; modifying a loudness of the first audio segment by employing the one or more dynamic gain parameters for the first audio segment; modifying a loudness of the second audio segment by employing the one or more dynamic gain parameters for the second audio segment; and outputting a normalized audio signal comprising the modified first audio segment and the modified second audio segment, wherein a loudness of the audio signal on playback is consistent with the target loudness value over the audio segments” in combination with all other limitations in the claim(s) as defined by the applicant.
Consequently, the disclosed independent claims are allowed on behalf of above-discussed reasons. Since the disclosed dependent claims 2-5, 7-10 are dependent on one of the independent claims, therefore they are also patentable
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/NORMAN YU/Primary Examiner, Art Unit 2693
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