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 .
DETAILED ACTION
1. This Office Action is in response to the amendment filed on 05/04/2026.
Claims 1-2, 8-10 and 16-18 have been amended.
Claims 1-20 are pending.
Information Disclosure Statement
2. The information disclosure statement (IDS) filed on 02/04/2026 complies with the provisions of M.P.E.P. 609. The examiner has considered it.
Response to Arguments
3. This office action has been issued in response to amendment filed 05/04/2026. Claims 1-1-20 are pending. Applicants’ arguments have been carefully and respectfully considered in light of the instant amendment as they relate to the claim rejections under double patenting as will be discussed below. Accordingly, this action has been made final.
Double Patenting
4. 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" ranted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type 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 Omum, 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 conflicting 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
5. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,283,287. Although the conflicting claims are not identical, they are not patentably distinct from each other.
Instant Application 19085949
Patent US 12,283,287
Claim 1:
A computer system, comprising:
at least one processor; and
at least one memory storing instructions which when executed by the at least one
processor cause the at least one processor to:
receive a query corresponding to a query audio content item;
determine a query vector corresponding to the query audio content item;
compare, in a vector space, the query vector and a plurality of target vectors corresponding to a plurality of target audio content items, to determine likelihood values indicating, for each respective target audio content item of the plurality of target audio content items, a probability that the respective target audio content item is a match for the query audio
content item;
identify at least one of the plurality of target audio content items having a highest of the likelihood values; and
generate a new audio content item based on the query audio content item and the at least
one of the plurality of target audio content items having the highest of the likelihood values.
Claim 1:
An audio content item identifier, comprising:
at least one processor; and
at least one memory storing instructions which when executed by the at least one processor cause the at least one processor to:
receive, by a client device, a query corresponding to a query audio content item;
determine a query vector corresponding to the query audio content item;
compare, in a vector space, the query vector and a plurality of target vectors corresponding to a plurality of target audio content items, to determine likelihood values indicating, for each respective target audio content item of the plurality of target audio content items, a probability that the respective target audio content item is a match for the query audio content item, wherein the query audio content item and the target audio content items are audio stems that are configured to be inserted into an audio content item during an audio content item creation process; and
output, to an editor tool, information identifying one of the plurality of target audio content items having a highest of the likelihood values.
Claim 9:
A method, comprising:
receiving a query corresponding to a query audio content item;
determining a query vector corresponding to the query audio content item;
comparing, in a vector space, the query vector and a plurality of target vectors corresponding to a plurality of target audio content items, to determine likelihood values indicating, for each respective target audio content item of the plurality of target audio content items, a probability that the respective target audio content item is a match for the query audio
content item;
identifying at least one of the plurality of target audio content items having a highest of the likelihood values; and
generating a new audio content item based on the query audio content item and the at
least one of the plurality of target audio content items having the highest of the likelihood values.
Claim 10:
A method of identifying an audio content item, comprising:
receiving, by a client device, a query corresponding to a query audio content item;
determining a query vector corresponding to the query audio content item; comparing, in a vector space, the query vector and a plurality of target vectors corresponding to a plurality of target audio content items, to determine likelihood values indicating, for each respective target audio content item of the plurality of target audio content items, a probability that the respective target audio content item is a match for the query audio content item, wherein the query audio content item and the target audio content items are audio stems that are configured to be inserted into an audio content item during an audio content item creation process; and
outputting, to an editor tool, information identifying one of the plurality of target audio content items having a highest of the likelihood values.
Claim 17:
A non-transitory computer-readable medium having stored thereon one or more sequences of instructions for causing one or more processors to perform:
receiving a query corresponding to a query audio content item;
determining a query vector corresponding to the query audio content item;
comparing, in a vector space, the query vector and a plurality of target vectors corresponding to a plurality of target audio content items, to determine likelihood values indicating, for each respective target audio content item of the plurality of target audio content items, a probability that the respective target audio content item is a match for the query audio
content item;
identifying at least one of the plurality of target audio content items having a highest of the likelihood values; and
generating a new audio content item based on the query audio content item and the at least one of the plurality of target audio content tems having the highest of the likelihood values.
Claim 18:
A non-transitory computer-readable medium having stored thereon one or more sequences of instructions for causing one or more processors to perform:
receiving, by a client device, a query corresponding to a query audio content item;
determining a query vector corresponding to the query audio content item;
comparing, in a vector space, the query vector and a plurality of target vectors corresponding to a plurality of target audio content items, to determine likelihood values indicating, for each respective target audio content item of the plurality of target audio content items, a probability that the respective target audio content item is a match for the query audio content item, wherein the query audio content item and the target audio content items are audio stems that are configured to be inserted into an audio content item during an audio content item creation process; and
outputting, to an editor tool, information identifying one of the plurality of target audio content items having a highest of the likelihood values.
Examiner's Note
6. Vector space (According to Google): "A vector space is a mathematical structure
consisting of a set of elements (vectors) that can be added together and multiplied by scalars
(mumbers, usually real or complex). It must satisfy ten axioms, including closure under addition
and scalar multiplication, commulativity, associativity, and the existence of zero and inverse
vectors."
Ellis et al, US 20130226957, [Ellis: Abstract and paragraph 6 ("identifying, using at
least one hardware processor, a query song vector for the query song, wherein the query song
vector is indicative of a two-dimensional Fourier transform based on the query song; identifying
a plurality of reference song vectors that each correspond to one of a plurality of reference
songs' ")] [Ellis: Paragraphs 6 and 19 ("determining a distance between the query song vector
and each of the plurality of reference song vectors; generating an indication that a reference
song corresponding to a reference song vector with a shortest distance to the query song vector is a similar song to the query song", i.e., comparing, in a vector space, the query vector and a
plurality of target vectors a probability that the respective target audio content item is a
match ..)] [Ellis: Paragraph 76 ("the distance between the query song vector and each of the
reference song vectors can be found, and a predetermined number of reference songs with the
smallest distance (e.g., one song, fifty songs, all reference songs, etc.) can be kept as similar
songs", i.e., having a highest of the likelihood values ')] [Ellis: Paragraphs 51 and 52
("distance between two vectors in the multi-dimensional space", i.e., 'in a vector space')].
Schnitzer, US 20110004642, [Schnitzer: Title and Abstract ("identifying similar audio tracks")]
[Schnitzer: Paragraph 22 ("as may all tracks having a vector within a distance being a
percentage of e.g. a maximum distance to all vectors or within a median of the distribution of
distances", i.e., having a highest of the likelihood values')] [Schnitzer: Paragraph 127 ("To use
FastMap to quickly process music recommendation queries, we initially use it to map the
Gaussian timbre models to k-dimensional vectors. In a two step filter-and-refine process we then
use those vectors as a prefilter: given a query object we first filter the whole collection in the
vector space (with the squared Euclidean distance) to return a number (filter-size) of possible
nearest neighbours.", ", i.e., 'in a vector space')].
Thagadur Shivappa et al, US 20180046431, [Thagadur Shivappa: Paragraph 154 (“If the cumulative value is not equal to a quantization value in a lookup table, the method 1000 may include determining a largest quantization value (Q) that does not exceed the cumulative value, at 1008, of retrieving parameters based on Q and generating a new version of the spatialized audio signal, at 1010, and updating the cumulative value based on an offset between Q and the cumulative value, at 1012. For example, referring to FIG. 1, the processor 104 may retrieve one or more of the sets of audio adjustment values 130 based on a largest quantization value (Q) that does not exceed the cumulative value 124, and may update the cumulative value 124 based on an offset between Q and the cumulative value 124.”)].
Conclusion
7. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136 (a)
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filled within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to [Hung D. Le], whose telephone number is [571-270-1404]. The examiner can normally be communicated on [Monday to Friday: 9:00 A.M. to 5:00 P.M.].
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Apu Mofiz can be reached on [571-272-4080]. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, contact [800-786-9199 (IN USA OR CANADA) or 571-272-1000].
Hung Le
06/22/2026
/HUNG D LE/Primary Examiner, Art Unit 2161
Prosecution Insights