DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
3. The information disclosure statement filed on 04 February 2025 has been considered and placed in the application file.
Claim Rejections - 35 USC § 101
4. 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.
5. Regarding claim 19, the claimed subject matter “A program” is directed toward a software program per se. Since a computer program is merely a set of instructions capable of being executed by a computer, the computer program itself does not fall within one of the four statutory categories of invention recited in 35 USC § 101: process, machine, manufacture and composition of matter. In contrast, a claimed non-transitory computer-readable medium encoded with a data structure defines structural and functional interrelationships between the data structure and the computer software and hardware components which permit the data structure’s functionality to be realized, and is thus statutory.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 2-16 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 pre-AIA the applicant regards as the invention.
Claim 2 recites the limitation “the type of sound” in line 2. There is insufficient antecedent basis for this limitation in the claim. The addition of the word “type” to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955).
Claims 3-4, and 7-16 depend from claim 2, and are also rejected for the same reasons.
Claim 5 recites the limitation “the type of the external sound” in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. The addition of the word “type” to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955).
Claim 6 depends from claim 5, and is also rejected for the same reasons.
Claim 7 is indefinite because it is unclear whether each limitation “the sound” in line 5 and “the sound” in line 6 is being referred to “sound of great danger for the user” as recited in lines 3-4. If it is, the examiner suggests that applicant can amend “the sound” in line 5 and “the sound” in line 6 to read “the sound of great danger for the user” to overcome this problem.
Claim 15 recites the limitation “the type of sound desired by the user” in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. The addition of the word “type” to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955).
Claim Rejections - 35 USC § 102
8. 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.
9. Claims 1-3, 5-6, 12-15, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Naik et al. U.S. Patent Application Publication 20100211199 (hereinafter, “Naik”).
Regarding claim 1, Naik teaches an information processing apparatus (including electronic device 10 and audio headphones; The electronic device 10 may also include various input/output (I/O) ports, such as the illustrated I/O ports 36, 38, and 40. The input/output port 40 may be an audio jack that provides for connection of audio headphones or speakers, Fig. 1, par [0048], see Naik), comprising
a controller that controls (via processors 50, Fig. 2, microprocessors; The operation of the device 10 may be generally controlled by one or more processors 50, which may provide the processing capability required to execute an operating system, application programs (e.g., including the media player application 34, and the digital media content provider interface application 35), the GUI 28, and any other functions provided on the device 10. The processor(s) 50 may include a single processor or, in other embodiments, it may include a plurality of processors. By way of example, the processor 50 may include "general purpose" microprocessors, a combination of general and application-specific microprocessors (ASICs), instruction set processors (e.g., RISC), graphics processors, video processors, as well as related chips sets and/or special purpose microprocessors. The processor(s) 50 may be coupled to one or more data buses for transferring data and instructions between various components of the device 10, Fig. 2, par [0052], see Naik) ambient external sound around a user (corresponds to audio feedback, secondary media files; The term "secondary," as applied to media, shall be understood to refer to non-primary media files that are typically not directly selected by a user for listening purposes, but may be played back upon detection of a feedback event. Generally, secondary media may be classified as either "voice feedback data" or "system feedback data, par [0038]); ("System feedback data" shall be understood to refer to audio feedback that is intended to provide audio information pertaining to the status of a media player application and/or an electronic device executing a media player application. For instance, system feedback data may include system event or status notifications (e.g., a low battery warning tone or message). Additionally, system feedback data may include audio feedback relating to user interaction with a system interface, and may include sound effects, such as click or beep tones as a user selects options from and/or navigates through a user interface (e.g., a graphical interface), par [0039], see Naik) on a basis of metadata related to the external sound (The storage device 54 may store data files, including primary media files (e.g., music and video files) and secondary media files (e.g., voice or system feedback data) (Fig. 2, par [0054], see Naik); the audio processing circuitry 62 may perform ducking techniques by identifying the loudness of concurrently played primary and secondary media files, and ducking one of the primary or secondary media files in order to maintain a desired relative loudness difference between the primary and secondary media files during the period of concurrent playback. In one embodiment, loudness data may be encoded in the media files, such as in metadata or meta-information associated with a particular media file, and may become accessible or readable as the media files are decoded by the audio processing circuitry 62 (Fig. 2, par [0061], see Naik)), the metadata being added (concurrently played primary and secondary media files, and ducking one of the primary or secondary media files in order to maintain a desired relative loudness difference between the primary and secondary media files during the period of concurrent playback (par [0061], see Naik)) to content played back according to user information regarding the user (As will be discussed in further detail below, a media item 80 obtained from the digital content provider 76 may include only primary media data or may be an enhanced media item having both primary and secondary media items. Where the media item 80 includes only primary media data, secondary media data, such as voice feedback data may subsequently be created locally on the host device 68 or the portable device 10. Alternatively, the digital media content provider 76 may offer enhanced media items for purchase (Fig. 3, par [0067], see Naik)).
Naik thus teaches all the claimed limitations.
Regarding claim 2, Naik teaches the information processing apparatus according to claim 1, wherein
the metadata includes at least one of a parameter related to sound pressure, a parameter related to a sound effect, a parameter related to stereophony, a parameter related to mixing, a label name given to the type of sound, or a parameter related to a direction of a sound source (In one embodiment, loudness data may be encoded in the media files, such as in metadata or meta-information associated with a particular media file, and may become accessible or readable as the media files are decoded by the audio processing circuitry 62, Fig. 2, par [0061], see Naik).
Regarding claim 3, Naik teaches the information processing apparatus according to claim 2, wherein
the controller performs at least one of control based on the metadata to reduce sound pressure of the external sound (i.e., secondary media), control on the sound effect according to the content, or control on a position of a sound source of the external sound (Based upon their respective loudness values, the presently disclosed techniques may include ducking one of the primary or secondary media items during the period of concurrent playback to maintain a relative loudness difference between the primary and secondary media items (par [0036], see Naik). Further, with regard to the audio ducking techniques that will be described in further detail below, the term "duck" or "ducking" or the like, shall be understood to refer to an adjustment of loudness (i.e., lower loudness; For instance, the analysis may determine which data point in the analyzed interval has the lowest loudness value, and thus requires the least amount of ducking when the secondary media stream is mixed into the playback, par [0108]) with regard to either a primary or secondary media item during at least a portion of a period in which the primary and the secondary item are being played simultaneously (par [0039], see Naik). In the present embodiment, just prior to the time tC, the secondary media item 114 may begin fading out, thus gradually reducing in loudness and eventually concluding playback at time tC (Fig. 11, par [0099], see Naik)).
Regarding claim 5, Naik teaches the information processing apparatus according to claim 1, wherein
the controller controls (via processors 50, Fig. 2, microprocessors; The operation of the device 10 may be generally controlled by one or more processors 50, which may provide the processing capability required to execute an operating system, application programs (e.g., including the media player application 34, and the digital media content provider interface application 35, par [0052], see Naik) sound pressure according to the type of the external sound on the basis of the metadata (FIG. 5A shows a method 92 for determining the loudness value of a media file. Beginning at step 94, a media file is selected for processing to determine a loudness value. The selected media file may be a primary media file, such as a music file or audiobook, or may be a secondary media file, such as a voice feedback or system feedback announcement, Fig. 5A, par [0076], see Naik). For example, in one presently contemplated embodiment, respective loudness values may be stored in metadata tags of each primary and secondary media file, par [0082], see Naik).
Regarding claim 6, Naik teaches the information processing apparatus according to claim 5, wherein
the label name includes at least one of sound of talks, sound of great danger for the user, announcement sound, a voice of a particular person, or sound suitable for the content (FIG. 5A shows a method 92 for determining the loudness value of a media file. Beginning at step 94, a media file is selected for processing to determine a loudness value. The selected media file may be a primary media file, such as a music file or audiobook, or may be a secondary media file, such as a voice feedback or system feedback announcement, Fig. 5A, par [0076], see Naik), and
the controller performs control (via processors 50, Fig. 2, microprocessors; The operation of the device 10 may be generally controlled by one or more processors 50, which may provide the processing capability required to execute an operating system, application programs (e.g., including the media player application 34, and the digital media content provider interface application 35, par [0052], see Naik) such that sound pressure of at least one of the sound of talks, the great-danger sound, the announcement sound, the voice of the particular person, or the sound suitable for the content (As discussed above, during the concurrent playback of a primary media file (e.g., a music file) and a secondary media file (e.g., a voice feedback file), it may be desirable to adaptively duck the volume of the primary media file for a duration in which the secondary media file is being concurrently played in order to improve audio perceptibility from the viewpoint to a listener/user (par [0061], see Naik)) is increased (Once playback of the secondary media item ends at time t.sub.C, the primary media file 112 is ducked out (i.e., increased), whereby the ducked loudness level DL is increased to its previous unducked loudness level over the interval t.sub.CD (Fig. 11. Par [0099], see Naik)) and such that sound pressure of external sound other than at least one of the sound of talks, the great-danger sound, the announcement sound, or the voice of the particular person (As discussed above, during the concurrent playback of a primary media file (e.g., a music file) and a secondary media file (e.g., a voice feedback file), it may be desirable to adaptively duck the volume of the primary media file for a duration in which the secondary media file is being concurrently played in order to improve audio perceptibility from the viewpoint to a listener/user (par [0061], see Naik) is reduced (In the present embodiment, just prior to the time t.sub.C, the secondary media item 114 may begin fading out, thus gradually reducing in loudness and eventually concluding playback at time t.sub.C, (Fig. 11, par [0099], see Naik)).
Regarding claim 12, Naik teaches the information processing apparatus according to claim 2, further comprising
a metadata controller (via voice synthesis program; For example, the voice synthesis program may process the primary media item to extract metadata information, which may include information pertaining to a song title, album name, or artist name, to name just a few, par [0069], see Naik) that dynamically controls the metadata on a basis of at least one of device information regarding a device of the user or the user information (The audio processing circuitry 62 may further include logic configured to provide for a variety of dynamic audio ducking techniques, which may be generally directed to adaptively controlling the loudness or volume of concurrently outputted audio streams. As discussed above, during the concurrent playback of a primary media file (e.g., a music file) and a secondary media file (e.g., a voice feedback file), it may be desirable to adaptively duck the volume of the primary media file for a duration in which the secondary media file is being concurrently played in order to improve audio perceptibility from the viewpoint to a listener/user. In certain embodiments, as will be described further below, the audio processing circuitry 62 may perform ducking techniques by identifying the loudness of concurrently played primary and secondary media files, and ducking one of the primary or secondary media files in order to maintain a desired relative loudness difference between the primary and secondary media files during the period of concurrent playback. In one embodiment, loudness data may be encoded in the media files, such as in metadata or meta-information associated with a particular media file, and may become accessible or readable as the media files are decoded by the audio processing circuitry 62 (Fig. 2, par [0061], see Naik))
Regarding claim 13, Naik teaches the information processing apparatus according to claim 12, wherein
the device information includes at least one of an application executed by the device, the remaining battery life of the device, or capacity of the device ("System feedback data" shall be understood to refer to audio feedback that is intended to provide audio information pertaining to the status of a media player application and/or an electronic device executing a media player application. For instance, system feedback data may include system event or status notifications (e.g., a low battery warning tone or message), (par [0039], see Naik). Additionally, where the secondary media item is a system feedback announcement that is not associated with any particular primary media item, a feedback event may be the detection a certain device state or event. For example, if the charge stored by the power source 60 (e.g., battery) of the device 10 drops below a certain threshold, a system feedback announcement may be played concurrently with a current primary media track to inform the user of the state of the device 10 (Fig. 2, par [0087], see Naik)).
Regarding claim 14, Naik teaches the information processing apparatus according to claim 2, wherein
the user information includes at least one of an intention of the user, a position of the user, or behavior of the user (Next, at step 238, the genre of the selected primary media item is determined. In one embodiment, genre information may be stored in metadata tags associated with the primary media item and read by the audio processing circuitry 62. It should be appreciated that in the present example, the genre identification step 238 is primarily concerned with identifying whether the primary media item is of a speech-based genre (e.g., audiobook) or some type of music-based genre. Thus, the exact type of music genre may not necessarily be important in the present example as long as a distinction may be determined between speech-based and music-based files, Fig. 16, par [0116], see Naik).
Regarding claim 15, Naik teaches the information processing apparatus according to claim 14, wherein
the intention of the user includes the type of sound (a speech-based genre (e.g., audiobook) or some type of music-based genre) desired by the user (Next, at step 238, the genre of the selected primary media item is determined. In one embodiment, genre information may be stored in metadata tags associated with the primary media item and read by the audio processing circuitry 62. It should be appreciated that in the present example, the genre identification step 238 is primarily concerned with identifying whether the primary media item is of a speech-based genre (e.g., audiobook) or some type of music-based genre. Thus, the exact type of music genre may not necessarily be important in the present example as long as a distinction may be determined between speech-based and music-based files, Fig. 16, par [0116], see Naik), and
the controller performs control (via processors 50, Fig. 2, microprocessors; The operation of the device 10 may be generally controlled by one or more processors 50, which may provide the processing capability required to execute an operating system, application programs (e.g., including the media player application 34, and the digital media content provider interface application 35, par [0052], see Naik) such that sound pressure of the sound desired by the user (As discussed above, during the concurrent playback of a primary media file (e.g., a music file) and a secondary media file (e.g., a voice feedback file), it may be desirable to adaptively duck the volume of the primary media file for a duration in which the secondary media file is being concurrently played in order to improve audio perceptibility from the viewpoint to a listener/user (par [0061], see Naik)) is increased (Once playback of the secondary media item ends at time t.sub.C, the primary media file 112 is ducked out (i.e., increased) and such that sound pressure of the external sound other than the sound desired by the user (As discussed above, during the concurrent playback of a primary media file (e.g., a music file) and a secondary media file (e.g., a voice feedback file), it may be desirable to adaptively duck the volume of the primary media file for a duration in which the secondary media file is being concurrently played in order to improve audio perceptibility from the viewpoint to a listener/user (par [0061], see Naik) is reduced (In the present embodiment, just prior to the time t.sub.C, the secondary media item 114 may begin fading out, thus gradually reducing in loudness and eventually concluding playback at time t.sub.C, (Fig. 11, par [0099], see Naik)).
Regarding claim 17, Naik teaches the information processing apparatus according to claim 1,
wherein the controller changes (via processors 50, Fig. 2, microprocessors; The operation of the device 10 may be generally controlled by one or more processors 50, which may provide the processing capability required to execute an operating system, application programs (e.g., including the media player application 34, and the digital media content provider interface application 35, par [0052], see Naik) the metadata (In one embodiment, loudness data may be encoded in the media files, such as in metadata or meta-information associated with a particular media file, and may become accessible or readable as the media files are decoded by the audio processing circuitry 62, Fig. 2, par [0052], see Naik) on a basis of at least one of an intention of the user, a position of the user, or behavior of the user (Next, at step 238, the genre of the selected primary media item is determined. In one embodiment, genre information may be stored in metadata tags associated with the primary media item and read by the audio processing circuitry 62. It should be appreciated that in the present example, the genre identification step 238 is primarily concerned with identifying whether the primary media item is of a speech-based genre (e.g., audiobook) or some type of music-based genre. Thus, the exact type of music genre may not necessarily be important in the present example as long as a distinction may be determined between speech-based and music-based files, Fig. 16, par [0116], see Naik).
Regarding claim 18, this claim merely reflects the method to the apparatus claim of Claim 1 and is therefore rejected for the same reasons.
Regarding claim 19, this claim has similar limitations as Claim 1 and is therefore rejected under Naik for the same reasons.
Claim Rejections - 35 USC § 103
10. 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 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.
11. 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 of this title, 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.
12. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
13. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Naik et al. U.S. Patent Application Publication 20100211199 (hereinafter, “Naik”) in view of Xu et al. U.S. Patent 11234073 (hereinafter, “Xu”).
Regarding claim 4, Naik teaches the information processing apparatus according to claim 3. However, Naik does not explicitly disclose wherein the parameter related to stereophony includes a position of a sound source of the content and the position of the sound source of the external sound, and the controller performs control such that the position of the sound source of the content and the position of the sound source of the external sound do not overlap.
Xu teaches selective active noise cancellation (see Title) in which By positioning at least two of acoustic transducers 920 on either side of a user's head (e.g., as binaural microphones), augmented-reality device 900 may simulate binaural hearing and capture a 3D stereo sound field around about a user's head. In some embodiments, acoustic transducers 920(A) and 920(B) may be connected to augmented-reality system 900 via a wired connection 930, and in other embodiments, acoustic transducers 920(A) and 920(B) may be connected to augmented-reality system 900 via a wireless connection (e.g., a Bluetooth connection). In still other embodiments, acoustic transducers 920(A) and 920(B) may not be used at all in conjunction with augmented-reality system 900 (Fig. 9, col. 16, lines 29-41, see Xu). “Undesired sounds,” as used herein, may refer to sounds that the user does not want to hear and to which the user wants ANC to be applied. The accessing module 107 may access environment information 119 indicating where various sound sources are relative to a user or to a device, and the location determining module 108 may then determine the spatial location of each of the sound sources (col. 4, lines 51-58, see Xu). For example, the location determining module 108 may implement direction of arrival (DoA) information, depth camera information, inertial motion unit (IMU) information, or other sensor input to determine where a given sound source (e.g., a person (e.g., 120-122) or an electronic device) (i.e., do not overlap) is currently located. Once the sound source's spatial location has been determined, the beamforming module 110 of computer system 101 may initialize a microphone array 111 to gather audio information 118 from the sound sources (e.g., 120-122). The beamforming module 110 may direct the microphone array 111 to listen to sounds from specific spatial locations. As the microphones 112 of the microphone array 111 capture sounds from the determined spatial location(s), the signal generating module 113 may then generate a reference signal 114 from the sounds gathered from the various spatial locations. The ANC module 115 may then generate an ANC signal 116 using the reference signal 114. The playback module 117 may then play back the generated ANC signal 116 to cancel or substantially attenuate the sounds coming from the specified spatial location(s) 109 (Fig. 1, col. 3, lines 41-61, see Xu).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the selective active noise cancellation taught by Xu with the information processing apparatus of Naik such that to obtain wherein the parameter related to stereophony includes a position of a sound source of the content and the position of the sound source of the external sound, and the controller performs control such that the position of the sound source of the content and the position of the sound source of the external sound do not overlap in order to improve the accuracy of beamforming performed via the microphone array, as suggested by Xu in column 17, lines 56-57.
14. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Naik et al. U.S. Patent Application Publication 20100211199 (hereinafter, “Naik”) in view of Goldstein et al. U.S. Patent Application Publication 20200066276 (hereinafter, “Goldstein”).
Regarding claim 7, Naik teaches the information processing apparatus according to claim 2. However, Naik does not explicitly disclose wherein when the type of sound corresponds to sound of great danger for the user, the controller is controlled on the basis of the metadata such that the sound is heard from a direction in which the sound is situated.
Goldstein teaches personalized sound management and method (see Title) in which in this example, Safe Space™ 216 detects emergency vehicle horns when they are a substantial distance away. In at least one exemplary embodiment, a microphone is exterior to the car and can pick up sounds in the ambient or car exterior. Sonic signatures related to emergency vehicles such as fire trucks, ambulances, and police cars are stored in the system. Safe Space™ 216 analyses sounds from the microphone. A response is provided if one of the stored sonic signatures is detected. In at least one exemplary embodiment, upon detecting a fire truck siren, Safe Space™ 216 can initiate playing the identified signal through the car stereo system for the car driver to hear and respond to. In at least one exemplary embodiment, Safe Space™ 216 can calculate the direction, distance, and street (through GPS) of the approaching emergency vehicle. The information is then provided visually or vocally to the driver. For example, the car stereo automatically turns down the music and states through the speaker system that an ambulance is coming east bound on 3rd Street or an ambulance is approaching from the right (Fig. 2, par [0041], see Goldstein).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the personalized sound management and method taught by Goldstein with the information processing apparatus of Naik such that to obtain wherein when the type of sound corresponds to sound of great danger for the user, the controller is controlled on the basis of the metadata such that the sound is heard from a direction in which the sound is situated in order to improve listening quality and safety, as suggested by Goldstein in paragraph [0041].
15. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Naik et al. U.S. Patent Application Publication 20100211199 (hereinafter, “Naik”) in view of Goldstein et al. U.S. Patent Application Publication 20200066276 (hereinafter, “Goldstein”), and further in view of Marti et al. U.S. Patent Application Publication 20220174395 (hereinafter, “Marti”).
Regarding claim 8, Naik teaches the information processing apparatus according to claim 2. However, Naik does not explicitly disclose wherein the controller controls sound pressure .
Goldstein teaches personalized sound management and method (see Title) in which in this example, Safe Space™ 216 detects emergency vehicle horns when they are a substantial distance away. In at least one exemplary embodiment, a microphone is exterior to the car and can pick up sounds in the ambient or car exterior. Sonic signatures related to emergency vehicles such as fire trucks, ambulances, and police cars are stored in the system. Safe Space™ 216 analyses sounds from the microphone. A response is provided if one of the stored sonic signatures is detected. In at least one exemplary embodiment, upon detecting a fire truck siren, Safe Space™ 216 can initiate playing the identified signal through the car stereo system for the car driver to hear and respond to. In at least one exemplary embodiment, Safe Space™ 216 can calculate the direction, distance, and street (through GPS) of the approaching emergency vehicle. The information is then provided visually or vocally to the driver. For example, the car stereo automatically turns down the music and states through the speaker system that an ambulance is coming east bound on 3rd Street or an ambulance is approaching from the right (Fig. 2, par [0041], see Goldstein).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the personalized sound management and method taught by Goldstein with the information processing apparatus of Naik such that to obtain wherein the controller controls sound pressure of a sound source of the external sound on the basis of the metadata in order to improve listening quality and safety, as suggested by Goldstein in paragraph [0041].
However, Naik in view of Goldstein does not explicitly disclose according to a direction.
Marti teaches auditory augmented reality using selective noise cancellation (see Title) in which user interface 300 controls that enable a user to specify sound levels or sound pressure levels (SPL) for individual audio channels. For example, user interface 300 could include controls to specify percentages of an initial loudness value a particular audio channel. In some embodiments, user interface 300 may specify sound level values as sound pressure levels (dBA SPL) and/or attenuation/gain values (e.g., specified in decibels) (Fig. 3, par [0074], see Marti). The detected sounds, location information, and user inputs, such as selected sound sources or selected sound source directions, may be used to separate, isolate, and remove specific sounds in the environment while transmitting other sounds within the environment in order to provide user-configurable acoustic transparency (par [0017], see Marti). To provide preferential selection of sound modification, user interface 122 may allow user input for various parameters such as direction(s), sound types, specific sound sources, and/or amount of sound modification to be performed. The parameters may be updated by the user or may be automatically updated during operation (Fig. 1, par [0038], see Marti).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the auditory augmented reality using selective noise cancellation taught by Marti with the information processing apparatus of Naik in view of Goldstein such that to obtain according to a direction in order to enhance a particular sound by increasing the loudness of the sound, as suggested by Marti in paragraph [0074].
16. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Naik et al. U.S. Patent Application Publication 20100211199 (hereinafter, “Naik”) in view of Goldstein et al. U.S. Patent Application Publication 20200066276 (hereinafter, “Goldstein”) in view of Marti et al. U.S. Patent Application Publication 20220174395 (hereinafter, “Marti”), and further in view of Usher et al. U.S. Patent Application Publication 20140270200 (hereinafter, “Usher”).
Regarding claim 9, Naik in view of Goldstein in view of Marti teaches the information processing apparatus according to claim 8, wherein
the direction of the sound source includes a region in front of the user and a region outside of a field of view of the user (Environment 430 also provides a top-down depiction of the user 425. As shown, user has orientation 405, and wishes to select a specific region for modification area 450 (e.g., an area located behind the user), see Fig. 4, middle, par [0083], see Marti), and
the controller performs control such that sound pressure of sound provided from the region (In addition, the user may move a selector toward a gain value of +20 dB (e.g., corresponding to the loud setting 356) when the user would like to enhance a particular sound by increasing the loudness of the sound, (Fig. 3, par [0074], see Marti)) and such that sound pressure of sound provided from the region outside of the field of view is reduced (In such instances, sounds originating from sound source 412 may be attenuated by sound management application 130, while sounds originating from sound source 414 are not altered by sound management application 130, Fig. 4, top, par [0078], see Marti).
However, Naik in view of Goldstein in view of Marti does not explicitly disclose the region in front of the user is increased.
Usher teaches system and method to detect close voice sources and automatically enhance situation awareness (see Title) in which each gain stage is generated/adjusted according to a "close voice activity detection"; that is, the gains 183/184 are individually adjusted depending on user/environment context for enhancing situation awareness, for instance, when a second person is talking in close proximity and directing conversation to the user. That is, with "close voice activity detection" enabled, the user wearing the earphone 100 and listening to audio content is made aware that a person is speaking to them. FIG. 2A depicts such a user context for situation awareness to enable hands-free operation for controlling ambient sound pass-through in voice conversation with a second individual in close proximity and in front of a wearer of the earphone in accordance with an exemplary embodiment (Fig. 2A, par [0026], see Usher).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the system and method to detect close voice sources and automatically enhance situation awareness taught by Usher with the information processing apparatus of Naik in view of Goldstein in view of Marti such that to obtain the region in front of the user is increased in order to enhance audio signal integrity, increase intelligibility of voice communication, voice messages and improve music quality, as suggested by Usher in paragraph [0003].
17. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Naik et al. U.S. Patent Application Publication 20100211199 (hereinafter, “Naik”) in view of Liao et al. U.S. Patent Application Publication 20160219012 (hereinafter, “Liao”).
Regarding claim 10, Naik teaches the information processing apparatus according to claim 2. However, Naik does not explicitly disclose wherein the metadata includes control on an application that enables a plurality of users to remotely have a talk with each other, and the controller executes or stops the application on a basis of a distance between the users of the plurality of the users.
Liao teaches method and apparatus for token determination for people awareness and location sharing (see Title) in which FIG. 10 is a diagram of a user interface utilized in the processes of FIGS. 3-6, according to various embodiments. FIG. 10 illustrates a scenario whereby the users in a network session are provided with guidance to locate one another in a crowded environment (Fig. 10, par [0068], see Liao). In one scenario, Tom and Cathy may exchange a token data in a manner aforementioned, upon determination that the UE 101s in a network session are within the predetermined threshold and upon verification of the token data, the proximity platform 109 may provide navigation assistance thereby making it easier for the users to locate one another (1001, 1003). In one scenario, Kathy may be guided to follow the dotted lines through the crowded environment (1005) to locate Tom, and vice-versa (1007). Further, Kathy may be provided with distance information, for instance, the number of steps she needs to walk to locate Tom. In addition, Kathy may be provided with time information, for instance, the pace that she has to maintain to locate Tom within the scheduled time (Fig. 10, par [0069], see Liao). FIG. 11 is a diagram of a user interface utilized in the processes of FIGS. 3-6, according to various embodiments. FIG. 11 illustrates a scenario whereby the users of the UE 101 in a network session are informed about the proximity with other users. In one scenario, Cathy may be following the dotted line in a manner aforementioned, whereby the proximity platform 109 may inform Kathy of the distance between Tom and her (1101, 1103). In addition, the proximity platform 109 may automatically stop the routing mechanism upon determination that the parties to the network session, namely Tom and Cathy have located one another (1105, 1107) (see Fig. 11, par [0070], see Liao).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the method and apparatus for token determination for people awareness and location sharing taught by Liao with the information processing apparatus of Naik such that to obtain Naik for purpose of providing with guidance to locate one another in a crowded environment, as suggested by Liao in paragraph [0068].
18. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Naik et al. U.S. Patent Application Publication 20100211199 (hereinafter, “Naik”) in view of Liao et al. U.S. Patent Application Publication 20160219012 (hereinafter, “Liao”), and further in view of Usher et al. U.S. Patent Application Publication 20140270200 (hereinafter, “Usher”).
Regarding claim 11, Naik in view of Liao teaches the information processing apparatus according to claim 10, wherein
when the distance between the users of the plurality of the users is less than a specified threshold (see position of Tom and Cathy in Fig. 11, see also “network session are within the predetermined threshold” and “distance information, for instance, the number of steps” in par [0069]), the controller stops the application FIG. 11 is a diagram of a user interface utilized in the processes of FIGS. 3-6, according to various embodiments. FIG. 11 illustrates a scenario whereby the users of the UE 101 in a network session are informed about the proximity with other users. In one scenario, Cathy may be following the dotted line in a manner aforementioned, whereby the proximity platform 109 may inform Kathy of the distance between Tom and her (1101, 1103). In addition, the proximity platform 109 may automatically stop the routing mechanism upon determination that the parties to the network session, namely Tom and Cathy have located one another (1105, 1107) (see Fig. 11, par [0070], see Liao),
However, Naik in view of Liao does not explicitly disclose performs control such that sound pressure of the external sound including voices of the plurality of the users is increased.
Usher teaches system and method to detect close voice sources and automatically enhance situation awareness (see Title) in which each gain stage is generated/adjusted according to a "close voice activity detection"; that is, the gains 183/184 are individually adjusted depending on user/environment context for enhancing situation awareness, for instance, when a second person is talking in close proximity and directing conversation to the user. That is, with "close voice activity detection" enabled, the user wearing the earphone 100 and listening to audio content is made aware that a person is speaking to them. FIG. 2A depicts such a user context for situation awareness to enable hands-free operation for controlling ambient sound pass-through in voice conversation with a second individual in close proximity and in front of a wearer of the earphone in accordance with an exemplary embodiment (Fig. 2A, par [0026], see Usher).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the system and method to detect close voice sources and automatically enhance situation awareness taught by Usher with the information processing apparatus of Naik in view of Liao such that to obtain performs control such that sound pressure of the external sound including voices of the plurality of the users is increased in order to enhance audio signal integrity, increase intelligibility of voice communication, voice messages and improve music quality, as suggested by Usher in paragraph [0003].
19. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Naik et al. U.S. Patent Application Publication 20100211199 (hereinafter, “Naik”) in view of Di Censo et al. U.S. Patent Application Publication 20150195641 (hereinafter, “Di Censo”).
Regarding claim 16, Naik teaches the information processing apparatus according to claim 14, wherein the controller performs control (via processors 50, Fig. 2, microprocessors; The operation of the device 10 may be generally controlled by one or more processors 50, which may provide the processing capability required to execute an operating system, application programs (e.g., including the media player application 34, and the digital media content provider interface application 35, par [0052], see Naik).
However, Naik does not explicitly disclose on a basis of the position of the user such that sound pressure of the external sound corresponding to an environment around the user is increased and such that sound pressure of the external sound other than the external sound corresponding to the environment around the user is reduced.
Di Censo teaches system and method for user controllable auditory environment customization (see Title) in which FIG. 1 illustrates operation of a representative embodiment of a system or method for generating a user controllable auditory environment for a user that may be personalized or customized in response to user preferences for particular types or groups of sounds. System 100 includes a user 120 surrounded by an ambient auditory environment including a plurality of types or groups of sounds. In the representative embodiment of FIG. 1, representative sound sources and associated types or groups of sounds are represented by traffic noise 102, a voice from a person 104 talking to user 120, various types of alerts 106, voices from a crowd or conversations 108 either not directed to user 120 or in a different spatial location than voice from person 104, nature sounds 110, and music 112. The representative types or groups of sound or noise (which may include any undesired sounds) illustrated in FIG. 1 are representative only and are provided as non-limiting examples. The auditory environment or ambient sounds relative to user 120 will vary as the user moves to different locations and may include tens or hundreds of other types of sounds or noises, some of which are described in greater detail with reference to particular embodiments below (Fig. 1, par [0019], see Di Censo); sound type signatures or profiles may be dynamically loaded or changed based on a current position, location, or context of user 120. Alternatively, one or more sound types or profiles may be downloaded or purchased by user 120 for use in replacing undesired sounds/noises, or for augmenting the auditory environment (Fig. 1, par [0020], see Di Censo). Each sound type or group may be modified or manipulated as represented at 442. As previously described, this may include increasing level or volume, decreasing level or volume, canceling a particular sound, replacing a sound with a different sound (a combination of cancelling and inserting/adding a sound), or changing various qualities of a sound, such as equalization, pitch, etc., as represented by block 444 (Fig. 4, par [0044], see Di Censo). The user is walking down a trafficked downtown road and does not want to hear any car noise, but still wants to hear other people's voices, conversations, and sounds of nature. The system filters out the traffic noise while, at the same time, enhancing people's voices and sounds of nature. As another example, selective noise cancellation can be applied to a phone call to allow only certain sounds to be heard, others to be enhanced, and others to just be lowered (par [0044], see Di Censo). The user is at a baseball game and he wants to enhance his experience by performing the following auditory adjustments: lower the crowd's cheering noise; enhance the commenter and presenter's voice; hear what the players in the field are saying; and still being able to talk to the person next to him or order hot dogs and hear those conversations perfectly fine (thanks to audio level enhancement) (par [0066], see Di Censo).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the system and method for user controllable auditory environment customization taught by Di Censo with the information processing apparatus of Naik such that to obtain on a basis of the position of the user such that sound pressure of the external sound corresponding to an environment around the user is increased and such that sound pressure of the external sound other than the external sound corresponding to the environment around the user is reduced in order to improve hearing capabilities, attention, and/or concentration abilities of a user as suggested by Di Censo in paragraph [0010].
Conclusion
20. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inventor
Publication
Number
Disclosure
Tsingos et al.
US Patent Application Publication
20180210695
Embodiments include a method for rendering audio for playback through headphones comprising receiving digital audio content, receiving binaural rendering metadata generated by an authoring tool, processing the received digital audio content, receiving playback metadata generated by a playback device, and combining the binaural rendering metadata and playback metadata to optimize playback of the digital audio content through the headphones (paragraph [0008]).
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/C.P.T/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
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