DETAILED ACTION
Allowable Subject Matter
Claim 6-7 and 10 is/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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 21 is/are rejected under 35 U.S.C. 101 because the claimed invention is not to a process, machine, article of manufacture, or composition of matter. In the state of the art, transitory signals are commonplace as a medium for transmitting computer instructions and thus, in the absence of any evidence to the contrary and given a broadest reasonable interpretation, the scope of a “Bitstream” covers transitory medium such as a signal per se. A transitory signal does not fall within the definition of a process, machine, article of manufacture, or composition of matters.
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 1-5, 15-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi US PG-Pub 2019/0349705.
Regarding claim 1, 19 and 20, Shi teaches audio processor for performing audio rendering by generating rendering parameters, which determine a derivation of loudspeaker signals to be reproduced by a set of loudspeakers from an audio signal (Fig. 3B & [0040] & [0057]: generating gain and/or delay to loudspeaker-105A/105B to render output audio signals), configured to perform a delay processing so as to determine, based on a listener position, delays for generating the loudspeaker signals for the loudspeakers from the audio signal (Fig. 3B & [0089]-[0090]: determining gain and/or delay of loudspeakers-105A/105B based on listener position), wherein the audio processor is configured to control the delay processing by modifying a delay, based on which the delay processing is commenced, or any intermediate value determined by the delay processing based on the listener position so as to reduce artifacts in the audio rendition due to changes in the delays (Fig. 3B & [0104]-[0105]: when dealing with determining listener position [as it can move really quickly or have errors], the gain and/or delay parameters will be average out, so no unintended audio fluctuation occurs).
Shi failed to explicitly teach modifying a version of the listener position. However, when you average out the gain and/or delay parameters, you are at the same time modifying the listener position, since the listener position correlates with the gain and delay parameters. Therefore, 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, because modifying the listener position is an alternate equivalent way to modify the gain and delay parameters.
Regarding claim 2, Shi teaches wherein the audio processor is configured to perform the control of the delay processing by subjecting one or more of the listener position, a listener's velocity, the listener's velocity towards one or more of the set of loudspeakers, a listener's acceleration, the listener's acceleration towards one or more of the set of loudspeakers, a distance of the listener position to one or more of the set of loudspeakers, a temporal rate of change of the distance of the listener position to one or more of the set of loudspeakers, a change rate of the temporal rate of change of the distance of the listener position to one or more of the set of loudspeakers, the delay for one or more of the set of loudspeakers, a temporal rate of change of the delay for one or more of the set of loudspeakers, and a change rate of the temporal rate of change of the delay for one or more of the set of loudspeakers, to one or more of smoothing clipping, and scaling with a monotonically increasing function having monotonically decreasing slope (Fig. 3B & [0104]-[0105]: when dealing with determining listener position [as it can move really quickly or have errors], the gain and/or delay parameters of the loudspeaker will be average out, which is smoothing the gain and delay parameters, so no unintended audio fluctuation occurs).
Regarding claim 3, Shi teaches wherein the audio processor is configured to perform the delay processing so that the delays compensate for listener-to-loudspeaker distance variations among the loudspeakers (Fig. 3B & [0044] & [0089]-[0090]: determining gain and/or delay of loudspeakers-105A/105B to compensate for listener to loudspeaker distance and position relative to the loudspeakers).
Regarding claim 4, Shi teaches wherein the audio processor is configured to perform the delay processing so that the listener position becomes a sweet spot relative to the set of loudspeakers in an acoustic or perceptual sense (Fig. 3B & [0044] & [0089]-[0090]: determining gain and/or delay of loudspeakers-105A/105B to compensate for listener to loudspeaker distance and position relative to the loudspeakers to move the sweet spot based on user position).
Regarding claim 5, Shi teaches wherein the audio processor is configured to perform a gain adjustment so as to determine, based on a listener position, gains for generating the loudspeaker signals for the loudspeakers from the audio signal (Fig. 3B & [0044] & [0089]-[0090]: determining gain and/or delay of loudspeakers-105A/105B to compensate for listener to loudspeaker distance and position relative to the loudspeakers).
Regarding claim 15, Shi teaches wherein the audio processor is configured to control the delay processing depending on control information and perform the modifying depending on the control information (Fig. 3B & [0089]-[0094] & [0104]-[0105]: the control information is the distance/position the listener has change so the delay was to be modify).
Regarding claim 16, Shi teaches wherein the audio processor is configured to derive from control information one or more of Information on an intensity of the smoothing, Information on a clipping threshold for the clipping, Information on a parametrization of the monotonically increasing function having monotonically decreasing slope (Fig. 3B & [0089]-[0094] & [0104]-[0105]: the control information is the distance/position the listener has change so the delay was to be modify and from [0105] you can use median filtering smoothing which will smoothen values more if you get one high number relative to the neighboring numbers).
Regarding claim 17, While Shi does not explicitly teach wherein the audio processor is configured to derive the control information from a bitstream. However, Shi does teaches using processors in [0054]. Therefore, 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, because the processing when done by a processor, will do the calculation using bits of information, which are bitstreams.
Claim 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi US PG-Pub 2019/0349705 in view of Germain US PG-Pub 2022/0286800.
Regarding claim 8, Shi teaches creating virtual sound source using loudspeakers ([0036]: 3D audio experience).
Shi failed to explicitly teach wherein the set of loudspeakers are attributed to one or more loudspeaker layers, and the audio processor is configured to if a desired audio signal's sound source position is between two loudspeaker layers, apply, for each loudspeaker layer of the two loudspeaker layers, a 2D amplitude panning between the loudspeakers of the respective loudspeaker layer so as to determine for the loudspeakers attributed to the respective loudspeaker layer first panning gains for a rendering of the audio signal by the loudspeakers attributed to the respective loudspeaker layer from a virtual source position corresponding to a projection of a desired audio signal's sound source position onto the respective loudspeaker layer, and apply an amplitude panning between the virtual sound source positions of the two loudspeaker layers, so as to determine for the loudspeaker layers second panning gains for, when applied in addition to the first panning gains, a rendering of the audio signal by the two loudspeaker layers' loudspeakers from the desired audio signal's sound source position.
However, Germain teaches wherein the set of loudspeakers are attributed to one or more loudspeaker layers, and the audio processor is configured to if a desired audio signal's sound source position is between two loudspeaker layers, apply, for each loudspeaker layer of the two loudspeaker layers, a 2D amplitude panning between the loudspeakers of the respective loudspeaker layer so as to determine for the loudspeakers attributed to the respective loudspeaker layer first panning gains for a rendering of the audio signal by the loudspeakers attributed to the respective loudspeaker layer from a virtual source position corresponding to a projection of a desired audio signal's sound source position onto the respective loudspeaker layer, and apply an amplitude panning between the virtual sound source positions of the two loudspeaker layers, so as to determine for the loudspeaker layers second panning gains for, when applied in addition to the first panning gains, a rendering of the audio signal by the two loudspeaker layers' loudspeakers from the desired audio signal's sound source position (Fig. 8A, Fig. 8B & [0107]-[0108]: using multiple loudspeakers to be able to place sources in front of loudspeaker and in between the loudspeakers as you can place the virtual sources anywhere within the virtual cube).
Shi and Germain are analogous art because they are both in the same field of endeavor, namely audio processing. Therefore, 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, because using multiple loudspeaker to create virtual sources in an inventor choice and no unexpected result will arise.
Regarding claim 9, Shi teaches creating virtual sound source using loudspeakers ([0036]: 3D audio experience).
Shi failed to teach wherein the set of loudspeakers are attributed to one or more loudspeaker layers, and the audio processor is configured to if a desired audio signal's sound source position is positioned outside the one or more loudspeaker layers, apply a 2D amplitude panning between the loudspeakers attributed to a nearest loudspeaker layer which is nearest to the desired audio signal's sound source position among the one or more loudspeaker layers, so as to determine for the loudspeakers of the nearest loudspeaker layer the first panning gains for a rendering of the audio signal by the loudspeakers of the nearest loudspeaker layer from a virtual source position corresponding to a projection of a desired audio signal's sound source position onto the nearest loudspeaker layer, and apply a further amplitude panning between the loudspeakers attributed to the nearest loudspeaker layer along with a spectral shaping of the audio signal so as to result into a sound rendition by the loudspeakers of the nearest loudspeaker layer which mimics sound from a further virtual source position offset from the nearest loudspeaker layer towards the desired audio signal's sound source position, and apply an even further amplitude panning between the virtual sound source position and the further virtual sound source position, so as to determine second panning gains for a panning between the virtual sound source position and the further virtual sound source position so as to result into a rendering of the audio signal by the nearest loudspeaker layer's loudspeakers from the desired audio signal's sound source position.
However, Germain teaches wherein the set of loudspeakers are attributed to one or more loudspeaker layers, and the audio processor is configured to if a desired audio signal's sound source position is positioned outside the one or more loudspeaker layers, apply a 2D amplitude panning between the loudspeakers attributed to a nearest loudspeaker layer which is nearest to the desired audio signal's sound source position among the one or more loudspeaker layers, so as to determine for the loudspeakers of the nearest loudspeaker layer the first panning gains for a rendering of the audio signal by the loudspeakers of the nearest loudspeaker layer from a virtual source position corresponding to a projection of a desired audio signal's sound source position onto the nearest loudspeaker layer, and apply a further amplitude panning between the loudspeakers attributed to the nearest loudspeaker layer along with a spectral shaping of the audio signal so as to result into a sound rendition by the loudspeakers of the nearest loudspeaker layer which mimics sound from a further virtual source position offset from the nearest loudspeaker layer towards the desired audio signal's sound source position, and apply an even further amplitude panning between the virtual sound source position and the further virtual sound source position, so as to determine second panning gains for a panning between the virtual sound source position and the further virtual sound source position so as to result into a rendering of the audio signal by the nearest loudspeaker layer's loudspeakers from the desired audio signal's sound source position (Fig. 8A, Fig. 8B & [0107]-[0108]: using multiple loudspeakers to be able to place sources outside the loudspeakers as you can place the virtual sources anywhere within the virtual cube).
Shi and Germain are analogous art because they are both in the same field of endeavor, namely audio processing. Therefore, 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, because using multiple loudspeaker to create virtual sources in an inventor choice and no unexpected result will arise.
Claim 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi US PG-Pub 2019/0349705 in view of Andall US PG-Pub 2010/0323793.
Regarding claim 12, Shi teaches wherein the audio processor is configured to perform the delay processing by determining a delay, wherein the audio processor is configured to perform the control of the delay processing by subjecting one or more of the delay of the set of loudspeakers, a temporal rate of change of the absolute delay for one or more of the set of loudspeakers, and a change rate of the temporal rate of change of the absolute delay for one or more of the set of loudspeakers, to one or more of smoothing clipping, and scaling with a monotonically increasing function having monotonically decreasing slope (Fig. 3B & [0104]-[0105]: when dealing with determining listener position [as it can move really quickly or have errors], the gain and/or delay parameters of the loudspeaker will be average out, which is smoothing the gain and delay parameters, so no unintended audio fluctuation occurs).
Shi failed to explicitly teach determining the delay for each loudspeaker independent from a delay determined for any other loudspeaker of the set of loudspeakers so as to acquire an absolute delay for the respective loudspeaker.
However, Andall teaches determining the delay for each loudspeaker independent from a delay determined for any other loudspeaker of the set of loudspeakers so as to acquire an absolute delay for the respective loudspeaker ([0080]: alter the relative delay for each speaker).
Shi and Andall are analogous art because they are both in the same field of endeavor, namely delay processing. Therefore, 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, because delaying individual loudspeakers is an alternate equivalent way to move the sweet spot.
Regarding claim 11, Shi teaches determining delay of loudspeakers (Fig. 3B & [0104]-[0105]: when dealing with determining listener position [as it can move really quickly or have errors], the gain and/or delay parameters of the loudspeaker will be average out, which is smoothing the gain and delay parameters, so no unintended audio fluctuation occurs).
Shi failed to teach wherein the audio processor is configured to perform the delay processing by determining the delay for each loudspeaker independent from a delay determined for any other loudspeaker of the set of loudspeakers, or perform the delay processing by determining a reference loudspeaker among the set of loudspeakers and determining the delays of the loudspeakers other than the reference loudspeaker relative to the delay determined for the reference loudspeaker.
However, Andall teaches wherein the audio processor is configured to perform the delay processing by determining the delay for each loudspeaker independent from a delay determined for any other loudspeaker of the set of loudspeakers, or perform the delay processing by determining a reference loudspeaker among the set of loudspeakers and determining the delays of the loudspeakers other than the reference loudspeaker relative to the delay determined for the reference loudspeaker ([0080]: alter the relative delay for each speaker).
Shi and Andall are analogous art because they are both in the same field of endeavor, namely delay processing. Therefore, 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, because delaying individual loudspeakers is an alternate equivalent way to move the sweet spot.
Regarding claim 13, Andall teaches wherein the audio processor is configured to perform the delay processing by determining, for each loudspeaker, a distance of the listener position to a position of the respective loudspeaker and, based on the distance, the delay for the respective loudspeaker (Fig. 2 & [0067] & [0080]: the delay is based on the distance of listener and loudspeaker positions). Therefore, 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, because delaying individual loudspeakers is an alternate equivalent way to move the sweet spot.
Regarding claim 14, Shi teaches wherein the audio processor is configured to perform the control of the delay processing by subjecting the phase to one or more of the set of loudspeakers, a temporal rate of change of the distance of the listener position to one or more of the set of loudspeakers, a change rate of the temporal rate of change of the distance of the listener position to one or more of the set of loudspeakers, to one or more of smoothing clipping, and scaling with a monotonically increasing function having monotonically decreasing slope (Fig. 3B & [0104]-[0105]: when dealing with determining listener position [as it can move really quickly or have errors], the gain and/or delay parameters will be average out, so no unintended audio fluctuation occurs).
While Shi failed to explicitly teach subjecting one or more of the distance of the listener position. However, when you average out the gain and/or delay parameters, you are at the same time modifying the listener position, since the listener position correlates with the gain and delay parameters. Therefore, 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, because modifying the listener position is an alternate equivalent way to modify the gain and delay parameters.
Claim 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi US PG-Pub 2019/0349705 in view of Steffens US PG-Pub 2015/0016643.
Regarding claim 18, Shi teaches wherein the audio processor is configured to derive the control information (Fig. 3B & [0089]-[0094] & [0104]-[0105]: the control information is the distance/position the listener has change so the delay was to be modify).
Shi failed to explicitly teach control information from side information of bitstream and to decode the audio signal from the bitstream.
However, Steffens teaches side information of bitstream and to decode the audio signal from the bitstream (Fig. 6C: sending side information like position using bitstream encoding and then doing decoding).
Shi and Steffens are analogous art because they are both in the same field of endeavor, namely audio processing. Therefore, 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, because sending information using decoders is an alternate equivalent way to send information between processors.
Conclusion
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/WILLIAM A JEREZ LORA/Primary Examiner, Art Unit 2695
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