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 .
Allowable Subject Matter
Claims 5, 10, 15 are 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.
Claim Rejections - 35 USC § 103
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 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) 1-4, 6-9, 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tull (US 2017/0017461 A1) in view of Srivastava et al. (US 2023/0260531 A1, “Srivastava”).
As to claims 1, 6, 11, Tull discloses a computerized method for AI/ML-guided live event audio mixing, the method comprising:
receiving, by a mobile computing device at a live event, a data representation of a live audio signal corresponding to the live event via a wireless network (personal audio mixing device 200 comprises an audio signal receiver 202 configured to receive wireless signal 130 comprising a plurality of combined audio signals 128 corresponding to a live event on stage 2 of performing instrumentalists and/or vocalists, para. 0049-0051);
processing, by the mobile computing device at the live event, the data representation of the live audio signal corresponding to the live event into a live audio stream, wherein the live audio stream comprises a plurality of audio mixes (decoder 204 recovers each of the combined audio signals, a personal mixer 206 creates a mix of one or more of the decoded audio signals, and a personal equalizer 208 processes the mixed audio signal, para. 0050-0055);
initiating, by the mobile computing device at the live event, playback of the live audio stream based on a first mix of the plurality of audio mixes via a headphone communicatively coupled to the mobile computing device at the live event (equalized audio signal 209 is output from the personal mixer device 200 and converted to sound by a set of personal headphones at the live event, para. 0056-0058);
determining, by the mobile computing device at the live event, a second mix of the plurality of audio mixes based on a duration since a beginning of the live event and an AI/ML algorithm (audio mix settings may be adjusted or a preset mix may be selected in real time during the live event according to the performer or the specific song, which may occur at a time period after the live event has started, para. 0063-0064); and
initiating, by the mobile computing device at the live event, playback of the live audio stream based on the determined second mix of the plurality of audio mixes via the headphone communicatively coupled to the mobile computing device at the live event (para. 0063-0064).
Tull differs from claims 1, 6, 11 in that it does not disclose the above underlined limitation, i.e. an AI/ML algorithm.
Srivastava teaches the well known use of a trained ML algorithm to automatically perform various operations related to audio processing (para. 0015-0019). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tull with the above teaching of Srivastava in order to automatically perform audio processing operations (para. 0017).
As to claims 2, 7, 12, Tull in view of Srivastava teaches: receiving, by the mobile computing device at the live event, the data representation of the live audio signal corresponding to the live event from an audio server computing device via the wireless network (Tull: combined audio signals 128 are output by the audio workstation 122 and transmitted using wireless communication, such as radio, digital radio, Wi-Fi, etc., para. 0047).
As to claims 3, 8, 13, Tull in view of Srivastava teaches: determining, by the mobile computing device at the live event, a third mix of the plurality of audio mixes based on the duration since the beginning of the live event and the AI/ML algorithm (Tull: user interface device 216 allows a user to easily change settings of the personal mixer and equalizer according to a different performer or song, para. 0061-0064).
As claims 4, 9, 14, Tull in view of Srivastava teaches: initiating, by the mobile computing device at the live event, playback of the live audio stream based on the determined third mix of the plurality of audio mixes via the headphone communicatively coupled to the mobile computing device at the live event (Tull: equalized audio signal 209 is output from the personal mixer device 200 and converted to sound by a set of personal headphones at the live event, para. 0056-0058).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sahgal (US 2022/0295189 A1) teach an audio processing application on a smartphone with tuning profiles for different types of music or concerts.
Xiang et al. (US 2022/0240330 A1) teach providing live concert attendees with a direct mix from a mixing desk.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Stella L Woo whose telephone number is (571)272-7512. The examiner can normally be reached Monday - Friday, 8 a.m. to 5 p.m.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STELLA L. WOO
Primary Examiner
Art Unit 2693
/Stella L. Woo/ Primary Examiner, Art Unit 2693
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