DETAILED ACTION
In the response to this office action, the examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the examiner in prosecuting this application.
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Figure 14 shows item 1403 not found in the written description.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2, 6, 16, and 18 are objected to because of the following informalities:
Claim 2 states “wherein the plurality of light-beam overlays each comprise…” which should be “wherein the one or more light-beam overlays each comprise…” since claim 1 referred to “one or more light-beam overlays”.
Claim 16 is objected in an analogous manner.
Claim 6 states “for each of the audio frequencies” which should be “for each of the audio frequency components” since only the components have been previously mentioned.
Claim 18 is objected in an analogous manner.
Appropriate correction is required.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12238510. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are broader versions of the patent’s claims or contain only obvious differences from the patent’s claims.
Claim 1 of present application
Patent 12238510
1. An audio visualization system, comprising:
1. An audio visualization system, comprising:
a signal processor configured to analyze a plurality of activated audio channels to determine properties of each audio signal within the plurality of activated audio channels, wherein the properties include at least an instantaneous level and an audio frequency component;
a signal processor configured to analyze a plurality of audio signals in real-time to determine properties of each of the plurality of audio signals, wherein the properties include at least an instantaneous level and an audio frequency component, and
wherein the plurality of audio signals are sourced from a plurality of speakers arranged in multiple predetermined locations in a venue;
a configuration manager configured to retain a configuration of a plurality of speakers to generate an acoustic transmission for the plurality of activated audio channels, wherein the configuration includes a spatial cluster of plurality of speakers within a venue; and
a configuration manager configured to retain a configuration of the plurality of speakers, wherein the configuration includes respective locations of the plurality of speakers within the venue, respective speaker emission directions, and audio maps of the respective instantaneous level and audio frequency components for the plurality of audio signals to one or more of the plurality of speakers; and
a three dimensional visualization renderer configured to synthesize, based on the configuration of the plurality of speakers, a three dimensional representation of the instantaneous level and the audio frequency component of the plurality of audio signals, wherein the three dimensional representation is a combination of a static scene of at least a portion of the venue and one or more light-beam overlays.
a three dimensional visualization renderer configured to synthesize, based on the configuration of the plurality of speakers, a three dimensional representation of the instantaneous level and the audio frequency component of each of the plurality of audio signals, wherein the three dimensional representation is a combination of a static scene of at least a portion of the venue and a plurality of light-beam overlays.
Regarding claim 1 above, claim 1 of patent 12238510 teaches all the limitations.
Claims 15 and 20 of patent 12238510 teach all the limitations of claims 15 and 20 in an analogus manner.
The limitations of claims 2-14 and 16-19 are found in claims 2-14 and 16-19 of patent 12238510 respectively.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 states “a plurality of speakers” and subsequently states “wherein the configuration includes a spatial cluster of plurality of speakers within a venue”. It is unclear if this second mention is referring back to the first plurality of speakers. If they are the same, this should be “wherein the configuration includes a spatial cluster of the plurality of speakers within a venue”. However, if they could be a different set of speakers, something like “wherein the configuration includes a spatial cluster of a first plurality of speakers within a venue”.
Claims 15 and 20 are rejected in an analogous manner.
Claims 2-14 and 16-19 are rejected as inheriting the problems as above.
Claim 1 states “a signal processor configured to analyze a plurality of activated audio channels to determine properties of each audio signal within the plurality of activated audio channels”. It is unclear how the “audio signal” relate to the activated audio channels”. An audio signal may comprise multiple audio channels (such as a 5.1 surround audio signal) or a channel of audio may comprise multiple audio signals (such as a channel outputting music with multiple instruments, each of which may be considered an audio signal). An “audio signal” could also be the acoustic output audio signal of a loudspeaker (a possible output channel) or what is delivered to the loudspeaker for reproduction. Thus, how the audio signals relate to the channels is essential in evaluating the scope of the claim.
The examiner’s best guess at what is intended is: “a signal processor configured to analyze a plurality of activated audio channels, each providing an audio signal, to determine properties of each audio signal within the plurality of activated audio channels”.
Claims 15 and 20 are rejected in an analogous manner.
Claims 2-14 and 16-19 are rejected as inheriting the problems as above.
Claim 19 recites the limitation "the audio signal geometric properties". There is insufficient antecedent basis for this limitation in the claim. No such geometric properties have previously been mentioned in the claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 7-9, 11, 13, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by AFMG (“Ease Focus version 3 – User’s guide”, Ahnert Feistel Media Group, February 28th, 2019)(Herein referred to as AFMG, see IDS dated 01/15/25).
Regarding claim 1, AFMG discloses an audio visualization system, comprising:
a signal processor (see “Minimum hardware requirements” section on page 5) configured to analyze a plurality of activated audio channels (could be a sound source type object, described on page 9, “one or multiple point sources”) to determine properties of each audio signal (audio signals that feed the sound sources) within the plurality of activated audio channels (also see section 4.8 sound source groups), wherein the properties include at least an instantaneous level (see figure top of page 10, at least color/grayscale, Mapping colors to sound pressure level (SPL), page 53) and an audio frequency component (see figure top of page 10, above top view user may choose frequency and broadband or look at frequency response in window below);
a configuration manager configured to retain (the examiner is reading this as “storing”) a configuration of a plurality of speakers to generate an acoustic transmission for the plurality of activated audio channels, wherein the configuration includes a spatial cluster of plurality of speakers within a venue (see section 2, especially sections 2.9-2.17, also see section 4.8 sound source groups); and
a three dimensional visualization renderer (what creates views in GUI) configured to synthesize, based on the configuration of the plurality of speakers, a three dimensional representation (top and bottom views described on page 7, see figures on at least pages 7, 8, and 10) of the instantaneous level (shown as color/grayscale) and the audio frequency component (shown as frequency and bandwidth selectable) of the plurality of audio signals, wherein the three dimensional representation is a combination of a static scene of at least a portion of the venue (see sections 2.4-2.9, see top of page 20 for audience zone, page 21 for top and side venue, along with figs on 7, 8, and 10) and one or more light-beam overlays (the color/grayscale of figures 7, 8, and 10).
Regarding claim 2, AFMG discloses wherein the plurality of light-beam overlays each comprise a unique color volumetric beam of light (colors to sound pressure level (SPL), page 53).
Regarding claim 3, AFMG discloses wherein the three dimensional visualization renderer is further configured to communicate with the configuration manager to look up a source location of each of the plurality of audio signals and rendering, within the static scene, a set of visual markers at a spatial origin of each (figure of page 7 shows speaker placement).
Regarding claim 7, AFMG discloses wherein the three dimensional visualization renderer is further configured to render reference points within the static scene, to include any of:
venue walls, venue seating (see sections 2.4-2.9, see top of page 20 for audience zone, page 21 for top and side venue, along with figs on 7, 8, and 10), a venue stage, or a venue proscenium opening.
Regarding claim 8, AFMG discloses further comprising a remote venue library that stores various remote venue images that are presented in the synthesizing of the static scene (see section 6.1 Setting Layout Pictures, may import remotely stored pictures, library may include “Tutorial” subdirectory as on page 67).
Regarding claim 9, AFMG discloses wherein the venue may be any of: a real-world location, a simulation of a fictitious location, an outdoor venue, or indoor venue (the venue may be any of these, not limited in that respect).
Regarding claim 11, AFMG discloses further comprising aggregating the audio frequency components into bands of frequencies (shown as frequency and bandwidth selectable, “Use the FREQUENCY and BANDWIDTH dropdown menus to select the kind of mapping to be shown” page 50), wherein the bands of frequencies are rendered together as a single light beam (see figure of page 50).
Regarding claim 13, AFMG discloses wherein the plurality of speakers comprises any of: individual speakers (one point source, see “sound source” section 1.5, page 9), an array of speakers (multi point source, see “sound source” section 1.5, page 9), or a sound beam.
Regarding claim 15, AFMG discloses a system, comprising:
a memory (see “Minimum hardware requirements” section on page 5); and
a processor (see “Minimum hardware requirements” section on page 5) coupled to the memory and configured to perform operations comprising:
analyzing a plurality of activated audio channels (could be a sound source type object, described on page 9, “one or multiple point sources”) to determine properties of each audio signal (audio signals that feed the sound sources) within the plurality of activated audio channels (also see section 4.8 sound source groups), wherein the properties include at least an instantaneous level (see figure top of page 10, at least color/grayscale, Mapping colors to sound pressure level (SPL), page 53) and an audio frequency component (see figure top of page 10, above top view user may choose frequency and broadband or look at frequency response in window below);
retaining (the examiner is reading this as “storing”) a configuration of a plurality of speakers to generate an acoustic transmission for the plurality of activated audio channels, wherein the configuration includes a spatial cluster of plurality of speakers within a venue (see section 2, especially sections 2.9-2.17, also see section 4.8 sound source groups); and
rendering (creating views in GUI), based on the configuration of the plurality of speakers, a three dimensional representation (top and bottom views described on page 7, see figures on at least pages 7, 8, and 10) of the instantaneous level (shown as color/grayscale) and the audio frequency component (shown as frequency and bandwidth selectable) of the plurality of audio signals, wherein the three dimensional representation is a combination of a static scene of at least a portion of the venue (see sections 2.4-2.9, see top of page 20 for audience zone, page 21 for top and side venue, along with figs on 7, 8, and 10) and one or more light-beam overlays (the color/grayscale of figures 7, 8, and 10)..
Regarding claim 16, AFMG discloses wherein the plurality of light-beam overlays each comprise a unique color volumetric beam of light (colors to sound pressure level (SPL), page 53).
Regarding claim 17, AFMG discloses the operations further comprising looking up a source location of each of the plurality of audio signals and rendering, within the static scene, a set of visual markers at the spatial origin of each (figure of page 7 shows speaker placement).
Regarding claim 18, AFMG discloses the operations further comprising performing the operation of assigning, for each of the audio frequencies (figure of page 7, for each selectable frequency), an intensity of the color based on the respective instantaneous levels of the audio frequencies (figure of page 7, intensity/color is dependent on level, from most intense color (red) to least (blue), also see distribution graph of page 55).
Regarding claim 19, AFMG discloses wherein the audio signal geometric properties including any of:
location, orientation, size, number of sound beams, shape of an array of sound beams, or coverage patterns (all of these are found in section 2, especially sections 2.9-2.17, also see section 4.8 sound source groups).
Regarding claim 20, AFMG discloses a non-transitory computer-readable device (see “Minimum hardware requirements” section on page 5, drive of install for section 1.3) having instructions stored thereon that, when executed by at least one computing device (see “Minimum hardware requirements” section on page 5), cause the at least one computing device to perform operations comprising:
analyzing a plurality of activated audio channels (could be a sound source type object, described on page 9, “one or multiple point sources”) to determine properties of each audio signal (audio signals that feed the sound sources) within the plurality of activated audio channels (also see section 4.8 sound source groups), wherein the properties include at least an instantaneous level (see figure top of page 10, at least color/grayscale, Mapping colors to sound pressure level (SPL), page 53) and an audio frequency component (see figure top of page 10, above top view user may choose frequency and broadband or look at frequency response in window below);
retaining (the examiner is reading this as “storing”) a configuration of a plurality of speakers to generate an acoustic transmission for the plurality of activated audio channels, wherein the configuration includes a spatial cluster of plurality of speakers within a venue (see section 2, especially sections 2.9-2.17, also see section 4.8 sound source groups); and
rendering (creating views in GUI), based on the configuration of the plurality of speakers, a three dimensional representation (top and bottom views described on page 7, see figures on at least pages 7, 8, and 10) of the instantaneous level (shown as color/grayscale) and the audio frequency component (shown as frequency and bandwidth selectable) of the plurality of audio signals, wherein the three dimensional visualization is a combination of a static scene of at least a portion of the venue (see sections 2.4-2.9, see top of page 20 for audience zone, page 21 for top and side venue, along with figs on 7, 8, and 10) and one or more light-beam overlays (the color/grayscale of figures 7, 8, and 10).
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(s) 10, 12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over AFMG (“Ease Focus version 3 – User’s guide”, Ahnert Feistel Media Group, February 28th, 2019)(Herein referred to as AFMG, see IDS dated 01/15/25).
Regarding claim 10, although AFMG does not expressly disclose an extended reality system, the examiner takes official notice that extended reality systems (virtual, augmented, and/or mixed reality) were well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to use an extended reality system to display the three dimensional visualization of AFMG for the benefit of easily change viewing angles or make it easier to envision being in the venue.
Regarding claim 12, although AFMG does not expressly disclose the content of the audio signals, it would have been obvious to the designer that the content may be anything at their preference. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise wherein the bands of frequencies comprise audio signals of any of: a drum, a bass, a melody, or a vocal band for the benefit of testing a scenario of providing music and/or band audio to the audience.
Regarding claim 14, although AFMG does not expressly disclose the wherein the venue is a dome, it would have been obvious to the designer that the venue may be any type at their preference. Therefore, it would have been obvious to one of ordinary skill in the art to further comprise wherein the venue is substantially a dome for the benefit of testing a scenario of providing audio an audience in a dome.
Allowable Subject Matter
Claims 4-6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JOHN SUTHERS whose telephone number is (571)272-0563. The examiner can normally be reached M-F, 8 am -5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS J SUTHERS/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
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