DETAILED ACTION
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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Interpretation
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.
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 limitation(s) 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 limitation(s) is/are: “control unit” in claim 1 and 11-13.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) 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 limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
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.
Claims 16-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims are directed to “a program”. Computer programs do not fall within the statutory classes of invention. According to the instant Specification, there is nothing limiting the disclosed “program” from excluding computer programs such as computer code listings. Thus the interpretation of the "program” of the present claim language allows for non-eligibly patentable subject matter such as a propagation medium or data structure (i.e. computer program). Such data structures as a computer program do not fall into one of the eligible statutory classes of invention (process, machine, article of manufacture, or composition of matter). Therefore, the claim is rejected as being non-statutory.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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, 4, 6 and 8-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al (US 20050135643 A1).
With respect to claim 1, Lee discloses an information processing apparatus comprising:
a control unit (fig.4 #150)
that converts a transfer characteristic of a sound pressure from a speaker device to a listening position into an energy characteristic (Par.[0040-0045] a transfer characteristic, such as a measured impulse response at step #520, of speaker devices #180,185 are converted into an energy characteristic, “energy level” at step #540), and
that calculates a correction parameter for correcting a sound field generated by an output sound of the speaker device using the converted energy characteristic (Par.[0046-0048] at step #550 correction parameters are calculated based on the converted energy levels, and are applied as filter coefficients to filters #414,416,418).
With respect to claim 4, Lee discloses the information processing apparatus according to claim 1, wherein the control unit divides the transfer characteristic into a predetermined number of frequency bands and calculates the correction parameter for each of the divided frequency bands (fig.4 #434,436,438; Par.[0040][0046-0047] the compensation parameters are determined for each band of the spectrum divided by filters #434,436,438).
With respect to claim 6, Lee discloses the information processing apparatus according to claim 1; wherein the control unit acquires an energy characteristic serving as a reference, calculates a correction coefficient that matches acoustic energy of the converted energy characteristic with acoustic energy of the energy characteristic serving as the reference, and calculates the correction parameter using the calculated correction coefficient (Par.[0040][0052] correction coefficients are calculated in order to achieve a “flat frequency response”; wherein the flat frequency response is an energy characteristic that serves as a reference for calculating the correction coefficients).
With respect to claim 8, Lee discloses the information processing apparatus according to claim 1; wherein the control unit calculates the correction parameter for each of a plurality of the speaker devices, and calculates each of the correction parameters by an average value of a calculated value using a transfer function specified by a transfer characteristic for the speaker device to be corrected with the correction parameter to be calculated and a calculated value using a transfer function specified by a transfer characteristic for another speaker device cooperating with the speaker device to be corrected with the correction parameter to be calculated (Par.[0040-0050] correction parameters are calculated for each speaker #180,185 based on an average of energy levels of signals received from each speaker).
With respect to claim 9, Lee discloses the information processing apparatus according to claim 1, further comprising a microphone (fig.4 #190,195) installed at the listening position, wherein the control unit collects a measurement sound output from the speaker device by the microphone and measures a transfer characteristic of a sound pressure from the speaker device to the listening position (Par.[0040]).
With respect to claim 10, Lee discloses the information processing apparatus according to claim 1, wherein the control unit corrects the sound field using the correction parameter and outputs a reproduced sound of an audio signal from the speaker device (Par.[0009] a sound field is corrected at a sweet spot of a listening environment based on the calculated correction parameters).
With respect to claim 11, Lee discloses an information processing apparatus comprising:
a control unit (fig.4 #414,416,418) that receives a correction parameter transmitted from an information processing apparatus on a transmission side (Par.[0048] filters #414,416,418 are control units that receive correction parameters from processing apparatuses #424,426,428),
the information processing apparatus (fig.4 #414,416,418) including a control unit that converts a transfer characteristic of a sound pressure from a speaker device to a listening position into an energy characteristic (Par.[0040-0045] a transfer characteristic, such as a measured impulse response at step #520, of speaker devices #180,185 are converted into an energy characteristic, “energy level” at step #540), and
calculate the correction parameter for correcting a sound field generated by an output sound of the speaker device using the converted energy characteristic (Par.[0046-0048] at step #550 correction parameters are calculated based on the converted energy levels, and are applied as filter coefficients to filters #414,416,418), and
corrects the sound field using the received correction parameter, and outputs a reproduced sound of an audio signal from the speaker device (Par.[0009] a sound field is corrected at a sweet spot of a listening environment based on the calculated correction parameters).
With respect to claim 12, Lee discloses an information processing system comprising:
a speaker device (fig.4 #180,185); and
an information processing apparatus (fig.4 #150) including a control unit that converts a transfer characteristic of a sound pressure from the speaker device to a listening position into an energy characteristic (Par.[0040-0045] a transfer characteristic, such as a measured impulse response at step #520, of speaker devices #180,185 are converted into an energy characteristic, “energy level” at step #540), and
calculates a correction parameter for correcting a sound field generated by an output sound of the speaker device using the converted energy characteristic (Par.[0046-0048] at step #550 correction parameters are calculated based on the converted energy levels, and are applied as filter coefficients to filters #414,416,418).
With respect to claim 13, Lee discloses an information processing system comprising:
a speaker device (fig.4 #180,185); and
an information processing apparatus (fig.4 #414,416,418) including a control unit that receives a correction parameter transmitted from an information processing apparatus (fig.4 #424,426,428) on a transmission side,
the information processing apparatus including a control unit that converts a transfer characteristic of a sound pressure from the speaker device to a listening position into an energy characteristic (Par.[0040-0045] a transfer characteristic, such as a measured impulse response at step #520, of speaker devices #180,185 are converted into an energy characteristic, “energy level” at step #540), and
calculate the correction parameter for correcting a sound field generated by an output sound of the speaker device using the converted energy characteristic (Par.[0046-0048] at step #550 correction parameters are calculated based on the converted energy levels, and are applied as filter coefficients to filters #414,416,418),
corrects the sound field using the received correction parameter, and outputs a reproduced sound of an audio signal from the speaker device (Par.[0009] a sound field is corrected at a sweet spot of a listening environment based on the calculated correction parameters).
With respect to claim 14, Lee discloses an information processing method comprising:
converting a transfer characteristic of a sound pressure from a speaker device to a listening position into an energy characteristic (Par.[0040-0045] a transfer characteristic, such as a measured impulse response at step #520, of speaker devices #180,185 are converted into an energy characteristic, “energy level” at step #540); and
calculating a correction parameter for correcting a sound field generated by an output sound of the speaker device using the converted energy characteristic (Par.[0046-0048] at step #550 correction parameters are calculated based on the converted energy levels, and are applied as filter coefficients to filters #414,416,418).
With respect to claim 15, Lee discloses an information processing method comprising:
receiving a correction parameter transmitted from an information processing apparatus on a transmission side, the information processing apparatus including a control unit that converts a transfer characteristic of a sound pressure from a speaker device to a listening position into an energy characteristic (Par.[0040-0045] a transfer characteristic, such as a measured impulse response at step #520, of speaker devices #180,185 are converted into an energy characteristic, “energy level” at step #540), and
calculate the correction parameter for correcting a sound field generated by an output sound of the speaker device using the converted energy characteristic (Par.[0046-0048] at step #550 correction parameters are calculated based on the converted energy levels, and are applied as filter coefficients to filters #414,416,418); and
correcting the sound field using the received correction parameter, and outputting a reproduced sound of an audio signal from the speaker device (Par.[0009] a sound field is corrected at a sweet spot of a listening environment based on the calculated correction parameters).
With respect to claim 16, Lee discloses a program for causing a computer to execute (Par.[0058]):
converting a transfer characteristic of a sound pressure from a speaker device to a listening position into an energy characteristic (Par.[0040-0045] a transfer characteristic, such as a measured impulse response at step #520, of speaker devices #180,185 are converted into an energy characteristic, “energy level” at step #540); and
calculating a correction parameter for correcting a sound field generated by an output sound of the speaker device using the converted energy characteristic (Par.[0046-0048] at step #550 correction parameters are calculated based on the converted energy levels, and are applied as filter coefficients to filters #414,416,418).
With respect to claim 17, Lee discloses the program according to claim 16, transmitting the correction parameter to an information processing apparatus including a control unit (Par.[0048] filters #414,416,418 are control units that receive correction parameters from processing apparatuses #424,426,428) that corrects the sound field using the correction parameter and outputs a reproduced sound of an audio signal from the speaker device (Par.[0009] a sound field is corrected at a sweet spot of a listening environment based on the calculated correction parameters).
With respect to claim 18, Lee discloses the program according to claim 16, the program being an application of a portable information terminal (Par.[0058] “computer system”), and collecting a measurement sound output from the speaker device by a built-in microphone (fig.4 #190,195) of the portable information terminal and measuring the transfer characteristic (Par.[0040]).
With respect to claim 19, Lee discloses the program according to claim 18, which corrects a measurement error of a transfer characteristic of a sound pressure from the speaker device to a listening position due to a difference in frequency characteristic of the built-in microphone by a difference between a transfer function specified by a transfer characteristic of a sound pressure from the speaker device to a nearest position of the speaker device and a transfer function specified by a transfer characteristic of a sound pressure from the speaker device to a listening position (Par.[0059] a frequency characteristic of the loudspeakers #180,185 is corrected based on a measurements taken by microphones #190,195, at a listening position in order to provide an optimal “sweet spot”).
With respect to claim 20, Lee discloses a program for causing a computer to execute (Par.[0058]):
receiving a correction parameter transmitted from an information processing apparatus on a transmission side, the information processing apparatus including a control unit that converts a transfer characteristic of a sound pressure from a speaker device to a listening position into an energy characteristic (Par.[0040-0045] a transfer characteristic, such as a measured impulse response at step #520, of speaker devices #180,185 are converted into an energy characteristic, “energy level” at step #540), and
calculate the correction parameter for correcting a sound field generated by an output sound of the speaker device using the converted energy characteristic (Par.[0046-0048] at step #550 correction parameters are calculated based on the converted energy levels, and are applied as filter coefficients to filters #414,416,418); and
correcting the sound field using the received correction parameter and outputting a reproduced sound of an audio signal from the speaker device (Par.[0009] a sound field is corrected at a sweet spot of a listening environment based on the calculated correction parameters).
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 20050135643 A1).
With respect to claim 2, Lee discloses the information processing apparatus according to claim 1; however does not disclose expressly wherein acoustic energy in the energy characteristic is calculated by integrating power obtained by squaring a sound pressure of the transfer characteristic for a predetermined time.
Official Notice is taken that it is well-known in the art that the calculation of the power of an audio signal is achieved by squaring the sound pressure level of the signal, and the calculation of an energy of an audio signal is achieved by taking the integral of the calculated power. Such calculations are standard mathematical relationships between power and energy characteristics of an electrical or acoustic signal over a time interval.
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to calculate the energy of Lee by integrating power obtained by squaring a sound pressure of the transfer characteristic for a predetermined time. The motivation for doing so would have been to determine the energy in each frequency band of Lee via the use of standard mathematical relationships.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 20050135643 A1) in view of Garcia et al (US 20220295204 A1).
With respect to claim 5, Lee discloses the information processing apparatus according to claim 4; however does not disclose expressly wherein the control unit can optionally set a condition of the division in accordance with a user instruction.
Garcia discloses a control unit for optionally setting a condition, such as dynamic equalizing, of a frequency division in accordance with a user instruction (Par.[0105-0107]).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to allow a user to control the adjustment of each frequency band of Lee, as performed by the user interface of Garcia. The motivation for doing so would have been to adapt the output audio signals according to a preference of the user.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (US 20050135643 A1) in view of Sheen (US 20210076151 A1).
With respect to claim 7, Lee discloses the information processing apparatus according to claim 6, wherein the transfer characteristic is measured in a user use environment; however does not disclose expressly wherein the energy characteristic serving as the reference is obtained by converting a transfer characteristic of a sound pressure from the speaker device measured in an acoustic design environment to a position where a listening position is assumed.
Sheen discloses wherein it is known to provide a reference characteristic of playback device, such as a loudspeaker or microphone, wherein the reference characteristic is determined in an acoustic design environment, such as an anechoic chamber (Par.[0114-0116]).
It would have been obvious before the effective filing date of the present invention to a person of ordinary skill in the art to determine a reference characteristic of the speaker device of Lee, as performed by Sheen. The motivation for doing so would have been reduce the native effects related to the speaker device on the audio reflections within the listening environment, as taught by Sheen (Par.[0114]).
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pallone et al (US 20220060840 A1) discloses a calibration of a distributed sound reproduction system.
Kubo (US 20080192957 A1) discloses a filter coefficient calculation device and method.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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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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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/ Primary Examiner, Art Unit 2695
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