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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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1 of 19/021,910
A tangible, non-transitory computer readable medium comprising instructions that, when executed, cause one or more processors to perform a set of operations comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and based on the determined audio characteristic, identifying at least one of a song, an advertisement, a show, and a video game.
Claim 1 of 11574618
A system comprising: an audio analyzer to: determine a magnitude spectrogram of audio corresponding to a media signal; generate a time-frequency mask based on the magnitude spectrogram; and apply the time-frequency mask to the magnitude spectrogram to enhance a harmonic source of the media signal; and an audio determiner to: compare the media signal having the enhanced harmonic source with reference media signals to determine an instrument corresponding to the enhanced harmonic source; and identify a genre corresponding to the media signal based on the identified instrument.
Claim 10 of 19/021,910
A computer-implemented method comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and based on the determined audio characteristic, identifying at least one of a song, an advertisement, a show, and a video game.
Claim 10 of 11574618
A non-transitory computer readable medium comprising instructions that, when executed, cause one or more processors to at least: determine a magnitude spectrogram of audio corresponding to a media signal; generate a time-frequency mask based on the magnitude spectrogram; apply the time-frequency mask to the magnitude spectrogram to enhance a harmonic source of the media signal; compare the media signal having the enhanced harmonic source with reference media signals to determine an instrument corresponding to the enhanced harmonic source; and identify a genre corresponding to the media signal based on the identified instrument.
Claim 19 of 19/021,910
A computing device comprising: one or more processors; and a tangible, non-transitory computer readable medium comprising instructions that, when executed, cause the one or more processors to perform a set of operations comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and based on the determined audio characteristic, identifying at least one of a song, an advertisement, a show, and a video game.
Claim 16 of 11574618
A method comprising: determining, by executing an instruction with one or more processors, a magnitude spectrogram of audio corresponding to a media signal; generating, by executing an instruction with the one or more processors, a time-frequency mask based on the magnitude spectrogram; applying, by executing an instruction with the one or more processors, the time-frequency mask to the magnitude spectrogram to enhance a harmonic source of the media signal; comparing, by executing an instruction with the one or more processors, the media signal having the enhanced harmonic source with reference media signals to determine an instrument corresponding to the enhanced harmonic source; and classifying, by executing an instruction with the one or more processors, a genre corresponding to the media signal based on the identified instrument.
Claim 21 of 11574618
A system comprising: at least one memory; instructions; and one or more processors to execute the instructions to: determine a magnitude spectrogram of audio corresponding to a media signal; generate a time-frequency mask based on the magnitude spectrogram; apply the time-frequency mask to the magnitude spectrogram to enhance a harmonic source of the media signal; compare the media signal having the enhanced harmonic source with reference media signals to determine an instrument corresponding to the enhanced harmonic source; and identify at least one of a song, an advertisement, a show, or a video game based on the identified instrument.
Claims 1, 10, & 19 of US application number 19/021,910 (hereinafter referred to as ‘910) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10, 16 & 21 of U.S. Patent No. 11574618 (hereinafter referred to as ‘618).
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘910 claims 1, 10 & 19 are broader recitations of ‘618 claims 1, 10, 16 & 21. Therefore, ‘618 claims 1, 10, 16 & 21 are encompassed by ‘910 claims 1, 10 & 19.
Claim 1 of 19/021,910
A tangible, non-transitory computer readable medium comprising instructions that, when executed, cause one or more processors to perform a set of operations comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and based on the determined audio characteristic, identifying at least one of a song, an advertisement, a show, and a video game.
Claim 1 of 11847998
A system comprising: at least one memory; instructions; and one or more processors to execute the instructions to: determine a magnitude spectrogram of audio corresponding to a media signal; based on the determined magnitude spectrogram, enhance a harmonic source of the media signal; compare the media signal having the enhanced harmonic source with reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; identify an audio classification corresponding to the media signal based on the determined audio characteristic; and identify at least one of a song, an advertisement, a show, or a video game based on the determined audio characteristic.
Claim 10 of 19/021,910
A computer-implemented method comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and based on the determined audio characteristic, identifying at least one of a song, an advertisement, a show, and a video game.
Claim 9 of 11847998
A non-transitory computer readable medium comprising instructions that, when executed, cause one or more processors to at least: determine a magnitude spectrogram of audio corresponding to a media signal; based on the determined magnitude spectrogram, enhance a harmonic source of the media signal; compare the media signal having the enhanced harmonic source with reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; identify an audio classification corresponding to the media signal based on the determined audio characteristic; and identify at least one of a song, an advertisement, a show, or a video game based on the determined audio characteristic.
Claim 19 of 19/021,910
A computing device comprising: one or more processors; and a tangible, non-transitory computer readable medium comprising instructions that, when executed, cause the one or more processors to perform a set of operations comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and based on the determined audio characteristic, identifying at least one of a song, an advertisement, a show, and a video game.
Claim 17 of 11847998
A method comprising: determining, by executing an instruction with one or more processors, a magnitude spectrogram of audio corresponding to a media signal; based on the determined magnitude spectrogram, enhancing, by executing an instruction with one or more processors, an enhanced harmonic source of the media signal; comparing, by executing an instruction with one or more processors, the media signal having the enhanced harmonic source with reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; identifying, by executing an instruction with one or more processors, an audio classification corresponding to the media signal based on the determined audio characteristic and identify at least one of a song, an advertisement, a show, or a video game based on the determined audio characteristic.
Claims 1, 10, & 19 of US application number 19/021,910 (hereinafter referred to as ‘910) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, 17 of U.S. Patent No. 11847998 (hereinafter referred to as ‘998).
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘910 claims 1, 10 & 19 are broader recitations of ‘998 claims 1, 9, 17. Therefore, ‘998 claims 1, 9, 17 are encompassed by ‘910 claims 1, 10 & 19.
Claim 1 of 19/021,910
A tangible, non-transitory computer readable medium comprising instructions that, when executed, cause one or more processors to perform a set of operations comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and based on the determined audio characteristic, identifying at least one of a song, an advertisement, a show, and a video game.
Claim 1 of 12236931
A non-transitory computer readable medium comprising instructions that, when executed, cause one or more processors to perform a set of operations comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and identifying an audio classification corresponding to the media signal based on the determined audio characteristic, wherein the audio classification comprises a genre of the media signal.
Claim 10 of 19/021,910
A computer-implemented method comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and based on the determined audio characteristic, identifying at least one of a song, an advertisement, a show, and a video game.
Claim 11 of 12236931
A computer-implemented method comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and identifying an audio classification corresponding to the media signal based on the determined audio characteristic, wherein the audio classification comprises a genre of the media signal.
Claim 19 of 19/021,910
A computing device comprising: one or more processors; and a tangible, non-transitory computer readable medium comprising instructions that, when executed, cause the one or more processors to perform a set of operations comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and based on the determined audio characteristic, identifying at least one of a song, an advertisement, a show, and a video game.
Claim 19 of 12236931
A device comprising: one or more processors; and a non-transitory computer readable medium comprising instructions that, when executed, cause the one or more processors to perform a set of operations comprising: determining an audio spectrogram corresponding to a media signal; based on the determined audio spectrogram, enhancing a harmonic source of the media signal; comparing the enhanced harmonic source media signal with one or more reference media signals to determine an audio characteristic corresponding to the enhanced harmonic source; and identifying an audio classification corresponding to the media signal based on the determined audio characteristic, wherein the audio classification comprises a genre of the media signal.
Claims 1, 10, & 19 of US application number 19/021,910 (hereinafter referred to as ‘910) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 11, 19 of U.S. Patent No. 12236931 (hereinafter referred to as ‘931).
Although the claims at issue are not identical, they are not patentably distinct from each other because ‘910 claims 1, 10 & 19 are obvious various wordings of ‘931 claims 1, 11, 19.
Claims 1-20 would be allowable once double patenting rejection is overcome.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE C MONIKANG whose telephone number is (571)270-1190. The examiner can normally be reached Mon. - Fri., 9AM-5PM, ALT. Fridays off.
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/GEORGE C MONIKANG/Primary Examiner, Art Unit 2692 09/03/2026
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