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 06 February 2025 has been considered and placed in the application file.
CLAIM INTERPRETATION
4. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
5. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “noise reduction unit”, “multi-sound source determination unit”, “multi-audio rendering unit”, “audio channel separation rendering unit”, “audio panorama rendering unit”, “sound source output processing unit”, “first preprocessing unit”, “1-1st reverberation processing unit”, “first ear boost unit”, “first sound source location information provision unit”, “first sound image localization unit”, “1-2nd reverberation processing unit”, “a second preprocessing unit”, “2-1st reverberation processing unit”, “second ear boost unit”, “second sound source location information provision unit”, “tracking information processing unit”, “a second sound image localization”, “2-2nd reverberation processing unit”, “volume normalizing unit”, “downmixing unit”, “equalizer processing unit” as recited in claims 1-2, 4, and 6-7.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-7 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 limitations “noise reduction unit”, “multi-sound source determination unit”, “multi-audio rendering unit”, “audio channel separation rendering unit”, “audio panorama rendering unit”, “sound source output processing unit” as recited in claim 1; “audio channel separation rendering unit”, “first preprocessing unit”, “1-1st reverberation processing unit”, “first ear boost unit”, “first sound source location information provision unit”, “first sound image localization unit”, “1-2nd reverberation processing unit” as recited in claim 2; “audio panorama rendering unit”, “second preprocessing unit”, “2-1st reverberation processing unit”, “second ear boost unit”, “second sound source location information provision unit”, “tracking information processing unit”, “second sound image localization unit”, “2-2nd reverberation processing unit” as recited in claim 4; “sound source output processing unit”, “volume normalizing unit”, “downmixing unit”, “equalizer processing unit” as recited in claim 6; “sound source output processing unit”, “volume normalizing unit”, “downmixing unit”, “equalizer processing unit” as recited in claim 7, each limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
The specification provides no disclosure of a structure for each of the limitations “noise reduction unit”, “multi-sound source determination unit”, “multi-audio rendering unit”, “audio channel separation rendering unit”, “audio panorama rendering unit”, “sound source output processing unit” as recited in claim 1; “audio channel separation rendering unit”, “first preprocessing unit”, “1-1st reverberation processing unit”, “first ear boost unit”, “first sound source location information provision unit”, “first sound image localization unit”, “1-2nd reverberation processing unit” as recited in claim 2; “audio panorama rendering unit”, “second preprocessing unit”, “2-1st reverberation processing unit”, “second ear boost unit”, “second sound source location information provision unit”, “tracking information processing unit”, “second sound image localization unit”, “2-2nd reverberation processing unit” as recited in claim 4; “sound source output processing unit”, “volume normalizing unit”, “downmixing unit”, “equalizer processing unit” as recited in claim 6; “sound source output processing unit”, “volume normalizing unit”, “downmixing unit”, “equalizer processing unit” as recited in claim 7, either as a dedicated structure that performs the recited function or as a combination of a general purpose processor and an algorithm that enables it to perform the function. Throughout the specification, there are merely represented by labeled boxes in the figures and described only by their function within the detailed disclosure. As such, the scope of claims 1-2, 4, and 6-7 cannot be determined.
Therefore, the claims 1-2, 4, and 6-7 are indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 3, and 6 are rejected as being dependent from claim 2.
Claims 5, and 7 are rejected as being dependent from claim 4.
8. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
9. Claims 1-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim limitations “noise reduction unit”, “multi-sound source determination unit”, “multi-audio rendering unit”, “audio channel separation rendering unit”, “audio panorama rendering unit”, “sound source output processing unit” as recited in claim 1; “audio channel separation rendering unit”, “first preprocessing unit”, “1-1st reverberation processing unit”, “first ear boost unit”, “first sound source location information provision unit”, “first sound image localization unit”, “1-2nd reverberation processing unit” as recited in claim 2; “audio panorama rendering unit”, “second preprocessing unit”, “2-1st reverberation processing unit”, “second ear boost unit”, “second sound source location information provision unit”, “tracking information processing unit”, “second sound image localization unit”, “2-2nd reverberation processing unit” as recited in claim 4; “sound source output processing unit”, “volume normalizing unit”, “downmixing unit”, “equalizer processing unit” as recited in claim 6; “sound source output processing unit”, “volume normalizing unit”, “downmixing unit”, “equalizer processing unit” as recited in claim 7, each limitation is a limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. And claims 1-7 have been rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as discussed above.
The specification fails to describe a structure for each of the limitations “noise reduction unit”, “multi-sound source determination unit”, “multi-audio rendering unit”, “audio channel separation rendering unit”, “audio panorama rendering unit”, “sound source output processing unit” as recited in claim 1; “audio channel separation rendering unit”, “first preprocessing unit”, “1-1st reverberation processing unit”, “first ear boost unit”, “first sound source location information provision unit”, “first sound image localization unit”, “1-2nd reverberation processing unit” as recited in claim 2; “audio panorama rendering unit”, “second preprocessing unit”, “2-1st reverberation processing unit”, “second ear boost unit”, “second sound source location information provision unit”, “tracking information processing unit”, “second sound image localization unit”, “2-2nd reverberation processing unit” as recited in claim 4; “sound source output processing unit”, “volume normalizing unit”, “downmixing unit”, “equalizer processing unit” as recited in claim 6; “sound source output processing unit”, “volume normalizing unit”, “downmixing unit”, “equalizer processing unit” as recited in claim 7, either as a dedicated structure that performs the recited function or as a combination of a general purpose processor and an algorithm that enables it to perform the function. Throughout the specification, there are merely represented by labeled boxes in the figures and described only by their function within the detailed disclosure.
Claims 3, and 6 are rejected as being dependent from claim 2.
Claims 5, and 7 are rejected as being dependent from claim 4.
Claim Rejections - 35 USC § 102
10. 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.
11. Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho et al. WO 2021125599 A1 (see WO 2021125599 A1 Translation, hereinafter, “’599 Translation”).
Regarding claim 1, '599 Translation teaches a realistic acoustic audio output device for intercommunication (The present invention relates to a multi-channel multi-object sound source processing device in a device, such as an intercom system, in which multi-channel or multi-object sound sources are played simultaneously, and more specifically, to a technology that provides a sense of spatiality by applying the position, direction, and distance of the sound source to each channel or object, par [0001], see '599 Translation), the device comprising:
a noise reduction unit (this limitation invokes 112(f), 100, Fig. 1 Specification, page 12 par [29]) for reducing ambient noise when a plurality of audio signals are inputted (The ambient noise reduction processing unit (100) generates a modified audio signal by reducing noise signals in an input channel or object-specific signal using Active Noise Control (ANC), Active Noise Reduction (ANR), and Electronic Noise Cancelling (ENC) for external noise generated by loud sounds such as aircraft, tanks, and vehicles, and noise generated in communication lines, Fig. 1, par [0020], see '599 Translation);
a multi-sound source determination unit (this limitation invokes 112(f), 200, Fig. 1 Specification, page 12 par [29]; multi-channel multi-object sound source determination unit (200), Fig. 1, par [0021], see '599 Translation) for outputting the plurality of stereo signals after determining whether a plurality of processed audio signals transmitted through the noise reduction unit are stereo sound sources (Accordingly, the audio signal output from the ambient noise reduction processing unit is processed by the multi-channel multi-object sound source determination unit (200) to check the information of each audio signal, and the stereo signal is transmitted as is, while the mono signal is upmixed and converted into a stereo signal and output, (Fig. 1, par [0021], see '599 Translation). A multi-channel multi-object sound source determination unit (200) that determines whether the audio signal for each channel or object processed by the noise reduction processing unit is a mono sound source or a stereo sound source, and in the case of a mono sound source, performs up-mixing conversion processing to convert it into a stereo sound source and outputs it as a stereo audio signal (see claim 1 of '599 Translation));
a multi-audio rendering unit (this limitation invokes 112(f), 300, Fig. 1 Specification, page 12 par [29]; a multi-channel multi-object audio effect rendering unit
(300), Fig. 1, par [0020], see '599 Translation) composed of an audio channel separation rendering unit (this limitation invokes 112(f), 300a Fig. 1 Specification, page 14 par [36]) (FIG. 2 is a configuration diagram of an audio effect rendering unit for channel separation of a multi-channel multi-object sound source in the present invention, par [0016], see '599 Translation) for performing a first sound image localization reflecting sound source location information with respect to the plurality of stereo signals (The audio signal modified by the ambient noise reduction processing unit (100) is output in a mono or stereo format. In order to localize the phase of a sound source, the sound source must be processed in stereo, par [0021], see '599 Translation) or an audio panorama rendering unit (this limitation invokes 112(f), 300b Fig. 1 Specification, page 14 par [36]) for performing a second sound image localization reflecting the sound source location information and tracking information; and
a sound source output processing unit (this limitation invokes 112(f), 400, Fig. 1 Specification, page 12 par [29]; a sound source output processing unit (400), Fig. 1, par [0019]; FIG. 4 is a configuration diagram of a sound source output unit according to an embodiment of the present invention. Fig. 4, par [0033], see '599 Translation) for post-processing and outputting the plurality of stereo signals through the multi-audio rendering unit (The audio signal processed and output by the multi-channel multi-object audio effect rendering unit (300) is adjusted in volume normalizing unit (401) for each sound source and downmixed in downmixing unit (402) to match the number of output channels of the final output device, and the downmixed audio signal is equalized through equalizer processing unit (403) to match the characteristics of the listener or the applied device, and the final processed signal is output, Fig. 4, par. [0034], see '599 Translation).
'599 Translation thus teaches all the claimed limitations.
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inventor
Publication
Number
Disclosure
Nakazawa
US Patent
5715317
The microprocessor 12 operates based on control programs stored in the RAM 121 and ROM 122 under the control of a processor 123, and transmits to a serial port 124 various instructions required to obtain information on the location and direction of the sound source (Fig. 1, col. 6, line 65 - col. 7, line 2).
Satongar et al.
US Patent
10278003
In an embodiment, when head-mounted device is in a dynamic use case, a frame of reference of head-mounted device is automatically re-centered based on movement of the reference device (col. 2, lines 62-65).
Bleidt
US Patent Application Publication
20150332685
In an embodiment of the invention the loudness value is a preset loudness value in case that the reference loudness value is not present in the bitstream. These features allow a high quality playback of bit streams having no loudness metadata (paragraph [0028]).
Fielder et al.
US Patent Application Publication
20190342685
The process of generating and mixing reflections into the BRIR to create synthetic reverberation continues until the desired BRIR length is reached. The final BRIR includes a direct response for left and right ears, followed by the synthetic reverberation (paragraph [0053]).
Johnson
US Patent Application Publication
20220247363
The apparatus advantageously includes a control input having one or more of the following control options: (i) OFF, in which an input signal is passed to the signal output without any modification, (ii) boost ON which provides optimally 12 decibels fixed gain and (ii) optionally, bass boost at a fixed gain of 6 decibels (additive gain) (paragraph [0023]).
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/C.P.T/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
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