Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Claims 1-23 are present in this application. Claims 15-17 are cancelled. Claims 1-14 and 18-23 are pending in this office action.
This office action is NON-FINAL.
Drawings
The Drawings filed on 10/16/25 are acceptable for examination purposes.
Specification
The Specification filed on 10/16/25 is acceptable for examination purposes.
Information Disclosure Statement
The information disclosure statements (IDS) filed on 10/16/25 has been
considered by the Examiner and made of record in the application file.
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 1-14 and 18-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1 recites “obtaining first body shape data that indicates a first shape of a first body part, wherein the first shape of the first body part indicates a first size of a first body feature, BF; obtaining BF changing information that indicates how to change the first size of the first BF; changing the first size of the first BF in the first shape, thereby generating second body shape data that indicates a second shape of the first body part, wherein the second shape of the first body part includes the first BF of a second size that is different from the first size; and generating a set of HR filters associated with the second shape of the first body part”.
The limitation of “obtaining first body shape data that indicates a first shape of a first body part, wherein the first shape of the first body part indicates a first size of a first body feature, BF; obtaining BF changing information that indicates how to change the first size of the first BF; changing the first size of the first BF in the first shape, thereby generating second body shape data that indicates a second shape of the first body part, wherein the second shape of the first body part includes the first BF of a second size that is different from the first size; and generating a set of HR filters associated with the second shape of the first body part”. Nothing in the claim element precludes the step from practically being performed in the mind. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim does not recite additional elements to perform obtaining, generating, steps. Accordingly, the claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible.
Claim 2 is dependent on claim 1 and includes all the limitations of claim 1. Claim
2 recites wherein the first size of the first BF in the first shape is determined using the first body shape data in claim 2. But the first size of the first BF in the first shape is determined using the first body shape data does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 3 is dependent on claim 1 and includes all the limitations of claim 1. Claim
3 recites obtaining distribution data that (i) identifies a first group of BFs associated with the first body part and (ii) indicates a distribution of different sizes of each BF included in the first group of BFs; and determining a size of each BF of the first group of BFs in the first shape, wherein and the first BF is included in the first group of BFs.in claim 3. But determining a size of each BF of the first group of BFs in the first shape, wherein and the first BF is included in the first group of BFs does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 4 is dependent on claim 1 and includes all the limitations of claim 1. Claim
4 recites wherein the distribution data (i) identifies a second group of BFs associated with a second body part, and (ii) indicates a distribution of different sizes of each BF included in the second group of BFs, and the first body part and the second body part are different in claim 4. But indicates a distribution of different sizes of each BF included in the second group of BFs does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 5 is dependent on claim 4 and includes all the limitations of claim 1. Claim
5 recites wherein each of the first body part and the second body part is selected from a group consisting of ear, head, and torso in claim 5. But selected from a group consisting of ear, head, and torso does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 6 is dependent on claim 4 and includes all the limitations of claim 1. Claim
6 recites wherein the distribution data indicates the distribution of the different sizes of each BF included in the first group of BFs given the distribution of the different sizes of one or more BFs included in the second group of BFs in claim 6. But the distribution data indicates the distribution of the different sizes of each BF included in the first group of BFs given the distribution of the different sizes of one or more BFs included in the second group of BFs does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 7 is dependent on claim 6 and includes all the limitations of claim 1. Claim
7 recites wherein the distribution data indicates a variation in the size of the first BF with respect to a size of another BF included in the second group of BFs or a variation in the size of said another BF in the second group of BFs in claim 7. But the distribution data indicates a variation in the size of the first BF with respect to a size of another BF included in the second group of BFs or a variation in the size of said another BF in the second group of BFs does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 8 is dependent on claim 3 and includes all the limitations of claim 1. Claim
8 recites wherein the method further comprises generating a set of different sizes of the first BF using the distribution data, wherein and the set of different sizes includes the second size.in claim 8. But generating a set of different sizes of the first BF using the distribution data does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 9 is dependent on claim 8 and includes all the limitations of claim 1. Claim
9 recites wherein the BF changing information is generated based on the set of different sizes of the first BF and the first size of the first BF in claim 9. But changing information is generated based on the set of different sizes of the first BF and the first size of the first BF data does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 10 is dependent on claim 1 and includes all the limitations of claim 1. Claim 10 recites wherein a difference between the first size of the first BF and the second size of the first BF is less than a threshold value in claim 10. But a difference between the first size of the first BF and the second size of the first BF is less than a threshold value does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 11 is dependent on claim 10 and includes all the limitations of claim 1. Claim 11 recites obtaining distribution data that (i) identifies a first group of BFs associated with the first body part and (ii) indicates a distribution of different sizes of each BF included in the first group of BFs: and determining a size of each BF of the first group of BFs in the first shape, the first BF is included in the first group of BFs, and the threshold value is determined based on a value of the first BF in claim 11. But determining a size of each BF of the first group of BFs in the first shape, the first BF is included in the first group of BFs, and the threshold value is determined based on a value of the first BF does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 12 is dependent on claim 10 and includes all the limitations of claim 1. Claim 12 recites wherein |a_e^((0) )-a_e^((j) ) |≤b where a_e^((0) ) is the first size, a_e^((j) ) is the second size, and b is the threshold value in claim 12. But wherein |a_e^((0) )-a_e^((j) ) |≤b where a_e^((0) ) is the first size, a_e^((j) ) is the second size, and b is the threshold value.does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 13 is dependent on claim 1 and includes all the limitations of claim 1. Claim 13 recites determining coordinates of vertices of the first BF in the first shape, wherein and generating the second body shape data comprises changing one or more of the coordinates of the vertices of the first BF in claim 11. But changing one or more of the coordinates of the vertices of the first BF does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 14 is dependent on claim 1 and includes all the limitations of claim 1. Claim 14 recites a non-transitory computer readable storage medium storing a
computer program in claim 14. But a non-transitory computer readable storage medium storing a computer program does not go beyond the abstract idea itself. There are no additional components in the claim that would make it significantly more than the abstract idea.
Claim 18 recites the same limitations as claim 1 above. Therefore, claim 18 is
rejected based on the same reasoning.
Claim 19 recites the same limitations as claim 2 above. Therefore, claim 19 is
rejected based on the same reasoning.
Claim 20 recites the same limitations as claim 3 above. Therefore, claim 20 is
rejected based on the same reasoning.
Claim 21 recites the same limitations as claim 4 above. Therefore, claim 21 is
rejected based on the same reasoning.
Claim 22 recites the same limitations as claim 5 above. Therefore, claim 22 is
rejected based on the same reasoning.
Claim 23 recites the same limitations as claim 6 above. Therefore, claim 23 is
rejected based on the same reasoning.
Claim Rejections 35 U.S.C. §103
6. 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.
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.
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:
Claims 1-11, 14 and 18-23 are rejected under 35 U.S.C. § 103 as being un patentable over MADJAK et al. (US 2021/0014631 A1) in view of Pedersen et al. (US 2013/0169779 A1).
Regarding claim 1, MADJAK teaches a method for generating head-related, (HR) filters, the method comprising, (See MADJAK paragraph [0008], generating customized HRTFs by taking a photo of the head,):
obtaining first body shape data that indicates a first shape of a first body part, (See MADJAK paragraph [0007], a mesh model representative of head and ear geometry of a listener, obtained from images of the head and the ears taken at various angles),
wherein the first shape of the first body part indicates a first size of a first body feature, BF, (See MADJAK paragraph [0063], The head mesh is scaled corresponding to the head width given by the aforementioned distance between the left and right temples. The auricle meshes are scaled to the respective sizes of the shapes of the ear portions in the head mesh);
obtaining BF changing information that indicates how to change the first size of
the first BF, (See MADJAK paragraph [0020], he auricle and head meshes may be composed of a respective plurality of triangles; the polygons or triangles will have an average size in each of the head and auricle meshes. Advantageously, the average size in the head mesh is greater than the average size in the auricle meshes);
generating a set of HR filters associated with the second shape of the first body
part, (See MADJAK paragraph [0008], generating customized HRTFs by taking a photo of the head, determining the scaling factor…Shape Model with manually provided control points, to derive a personalized HRTF based on that model combined with the scaling factor).
MADJAK does not explicitly disclose changing the first size of the first BF in the first shape, thereby generating second body shape data that indicates a second shape of the first body part, wherein the second shape of the first body part includes the first BF of a second size that is different from the first size.
However, Pedersen teaches changing the first size of the first BF in the first shape, thereby generating second body shape data that indicates a second shape of the first body part, (See Pedersen paragraph [0081], Deformable image registration is a process or technique in which points in a first image of a first object are associated with corresponding points in a second image of a second object), wherein the second shape of the first body part includes the first BF of a second size that is different from the first size, (See Pedersen paragraph [0081, Deformable image registration is a process or technique in which points in a first image of a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify changing the first size of the first BF in the first shape, thereby generating second body shape data that indicates a second shape of the first body part, wherein the second shape of the first body part includes the first BF of a second size that is different from the first size of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 2, MADJAK taught the method according to claim 1 as described above. MADJAK further teaches wherein the first size of the first BF in the first shape is determined using the first body shape data, (See MADJAK paragraph [0063], The head mesh is scaled corresponding to the head width given by the aforementioned distance between the left and right temples. The auricle meshes are scaled to the respective sizes of the shapes of the ear portions in the head mesh).
Regarding claim 3, MADJAK taught the method according to claim 1 as described above. MADJAK further teaches wherein the method further comprises:
obtaining distribution data, (See MADJAK paragraph [0007], obtained from images of the head and the ears taken at various angles), that (i) identifies a first group of BFs associated with the first body part, (See MADJAK paragraph [0008], generating customized HRTFs by taking a photo of the head, determining the scaling factor, taking a second photo of the ear).
MADJAK does not explicitly disclose (ii) indicates a distribution of different sizes of each BF included in the first group of BFs and determining a size of each BF of the first group of BFs in the first shape, wherein and the first BF is included in the first group of BFs.
However, Pedersen teaches (ii) indicates a distribution of different sizes of each BF included in the first group of BFs, (See Pedersen paragraph [0081], a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes); and determining a size of each BF of the first group of BFs in the first shape, wherein and the first BF is included in the first group of BFs, See Pedersen paragraph [0081], a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify (ii) indicates a distribution of different sizes of each BF included in the first group of BFs, and determining a size of each BF of the first group of BFs in the first shape, wherein and the first BF is included in the first group of BFs of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 4, MADJAK taught the method according to claim 3 as described above. MADJAK further teaches wherein the distribution data (i) identifies a second group of BFs associated with a second body part, (See MADJAK paragraph [0008], generating customized HRTFs by taking a photo of the head, determining the scaling factor, taking a second photo of the ear),
MADJAK does not explicitly disclose (ii) indicates a distribution of different sizes of each BF included in the second group of BFs, and the first body part and the second body part are different.
However, Pedersen teaches (ii) indicates a distribution of different sizes of each BF included in the second group of BFs, (See Pedersen paragraph [0081], a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes); and the first body part and the second body part are different, (See Pedersen paragraph [0081, Deformable image registration is a process or technique in which points in a first image of a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify changing the first size of the first BF in the first shape, thereby generating second body shape data that indicates a second shape of the first body part, wherein the second shape of the first body part includes the first BF of a second size that is different from the first size of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 5, MADJAK taught the method according to claim 4 as described above.
MADJAK does not explicitly disclose wherein each of the first body part and the second body part is selected from a group consisting of ear, head, and torso. However, Pedersen teaches wherein each of the first body part and the second body part is selected from a group consisting of ear, head, and torso, (See Pedersen paragraph [0091], the HRTF that is selected may be the HRTF that is associated with a reference image 300 having head size and/or head shape that best match the head size and/or head shape in the input image 20, having torso size and/or torso shape that best match the torso size and/or torso shape in the input image 20, and having ear feature(s) that best match the ear feature(s) in the input image 20).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein each of the first body part and the second body part is selected from a group consisting of ear, head, and torso of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 6, MADJAK taught the method according to claim 4 as described above. MADJAK further teaches
MADJAK does not explicitly disclose wherein the distribution data indicates the distribution of the different sizes of each BF included in the first group of BFs given the distribution of the different sizes of one or more BFs included in the second group of BFs.
However, Pedersen teaches wherein the distribution data indicates the distribution of the different sizes of each BF included in the first group of BFs given the distribution of the different sizes of one or more BFs included in the second group of BFs, (See Pedersen paragraph [0081], Deformable image registration is a process or technique in which points in a first image of a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein the distribution data indicates the distribution of the different sizes of each BF included in the first group of BFs given the distribution of the different sizes of one or more BFs included in the second group of BFs of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 7, MADJAK taught the method according to claim 6 as described above.
MADJAK does not explicitly disclose wherein the distribution data indicates a variation in the size of the first BF with respect to a size of another BF included in the second group of BFs or a variation in the size of said another BF in the second group of BFs.
However, Pedersen teaches wherein the distribution data indicates a variation in the size of the first BF with respect to a size of another BF included in the second group of BFs or a variation in the size of said another BF in the second group of BFs, (See Pedersen paragraph [0081, Deformable image registration is a process or technique in which points in a first image of a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein the distribution data indicates a variation in the size of the first BF with respect to a size of another BF included in the second group of BFs or a variation in the size of said another BF in the second group of BFs of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 8, MADJAK taught the method according to claim 3 as described above.
MADJAK does not explicitly disclose wherein the method further comprises generating a set of different sizes of the first BF using the distribution data, wherein and the set of different sizes includes the second size.
However, Pedersen teaches wherein the method further comprises generating a set of different sizes of the first BF using the distribution data, wherein and the set of different sizes includes the second size, (See paragraph [0074], The features of the ears are different in different respective reference images 300. For example, the lobule, antitragus, cavum concha, cymba concha, scaphoid fossa, helix, antihelix, triangular fossa, crus helias, tragus, or any combination of the foregoing, may have size and/or shape that is different between two or more of the reference images 300).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein the method further comprises generating a set of different sizes of the first BF using the distribution data, wherein and the set of different sizes includes the second size of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 9, MADJAK taught the method according to claim 8 as described above.
MADJAK does not explicitly disclose wherein the BF changing information is generated based on the set of different sizes of the first BF and the first size of the first BF.
However, Pedersen teaches wherein the BF changing information is generated based on the set of different sizes of the first BF and the first size of the first BF, (See paragraph [0074], The features of the ears are different in different respective reference images 300. For example, the lobule, antitragus, cavum concha, cymba concha, scaphoid fossa, helix, antihelix, triangular fossa, crus helias, tragus, or any combination of the foregoing, may have size and/or shape that is different between two or more of the reference images 300).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein the BF changing information is generated based on the set of different sizes of the first BF and the first size of the first BF of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 10, MADJAK taught the method according to claim 1 as described above.
MADJAK does not explicitly disclose wherein a difference between the first size of the first BF and the second size of the first BF is less than a threshold value. However, Pedersen teaches wherein a difference between the first size of the first BF and the second size of the first BF is less than a threshold value, (See Pedersen paragraph [0074], nine reference images 300, or fewer than nine reference images 300…each of the reference images 300 includes a picture of an ear. The features of the ears are different in different respective reference images 300…may have size and/or shape that is different between two or more of the reference images 300, See Pedersen paragraph [0076], each of the reference images 300 is associated with pre-determined HRTF).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein a difference between the first size of the first BF and the second size of the first BF is less than a threshold value of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 11, MADJAK taught the method according to claim 10 as described above. MADJAK further teaches wherein the method further comprises:
obtaining distribution data that, (See MADJAK paragraph [0007], obtained from images of the head and the ears taken at various angles), (i) identifies a first group of BFs associated with the first body part, (See MADJAK paragraph [0008], generating customized HRTFs by taking a photo of the head, determining the scaling factor, taking a second photo of the ear)
MADJAK does not explicitly disclose (ii) indicates a distribution of different sizes of each BF included in the first group of BFs: and determining a size of each BF of the first group of BFs in the first shape, the first BF is included in the first group of BFs, and the threshold value is determined based on a value of the first BF.
However, Pedersen teaches (ii) indicates a distribution of different sizes of each BF included in the first group of BFs, (See Pedersen paragraph [0081], a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes); and determining a size of each BF of the first group of BFs in the first shape,
the first BF is included in the first group of BFs, See Pedersen paragraph [0081], a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes), and the threshold value is determined based on a value of the first BF, (See Pedersen paragraph [0074], there may be more than nine reference images 300, or fewer than nine reference images 300…each of the reference images 300 includes a picture of an ear. The features of the ears are different in different respective reference images 300. For example, the lobule, antitragus, cavum concha, cymba concha, scaphoid fossa, helix, antihelix, triangular fossa, crus helias, tragus, or any combination of the foregoing, may have size and/or shape that is different between two or more of the reference images 300).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify (ii) indicates a distribution of different sizes of each BF included in the first group of BFs: and determining a size of each BF of the first group of BFs in the first shape, the first BF is included in the first group of BFs, and the threshold value is determined based on a value of the first BF of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 14, MADJAK taught the method according to claim 1 as described above.
MADJAK does not explicitly disclose a non-transitory computer readable storage medium storing a computer program comprising instructions which when executed by processing circuitry cause the processing circuitry to perform the method of claim 1. However, Pedersen teaches a non-transitory computer readable storage medium storing a computer program comprising instructions which when executed by processing circuitry cause the processing circuitry to perform the method of claim 1, (See Pedersen paragraph [0031], a machine readable non-transitory medium stores a set of instructions, an execution of which causes a method to be performed).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify a non-transitory computer readable storage medium storing a computer program comprising instructions which when executed by processing circuitry cause the processing circuitry to perform the method of claim 1 of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 18, MADJAK teaches an apparatus comprising:
a memory, (See MADJAK paragraph [0071], memory) and
processing circuitry to the memory, wherein the apparatus is configured to
perform a method for generating head-related (HR), (See MADJAK paragraph [0071], The HRTFs thus obtained are stored to a data storage medium 3, such as a permanent memory or hard disk of the PC 2 or an external storage device)
filters, the method comprising, (See MADJAK paragraph [0081], filtering of audio signals with said HRTFs):
obtaining first body shape data that indicates a first shape of a first body part, wherein the first shape of the first body part, (See MADJAK paragraph [0007], a mesh model representative of head and ear geometry of a listener, obtained from images of the head and the ears taken at various angles), indicates a first size of a first body feature, BF, (See MADJAK paragraph [0063], The head mesh is scaled corresponding to the head width given by the aforementioned distance between the left and right temples. The auricle meshes are scaled to the respective sizes of the shapes of the ear portions in the head mesh);
obtaining BF changing information that indicates how to change the first size of the first BF, (See MADJAK paragraph [0020], he auricle and head meshes may be composed of a respective plurality of triangles; the polygons or triangles will have an average size in each of the head and auricle meshes. Advantageously, the average size in the head mesh is greater than the average size in the auricle meshes),
thereby generating second body shape data that indicates a second shape of the first body part, (See MADJAK paragraph [0008], generating customized HRTFs by taking a photo of the head, determining the scaling factor…Shape Model with manually provided control points, to derive a personalized HRTF based on that model combined with the scaling factor),
generating a set of HR filters associated with the second shape of the first body part, (See MADJAK paragraph [0008], generating customized HRTFs by taking a photo of the head, determining the scaling factor…Shape Model with manually provided control points, to derive a personalized HRTF based on that model combined with the scaling factor).
MADJAK does not explicitly disclose changing the first size of the first BF in the first shape, wherein the second shape of the first body part includes the first BF of a second size that is different from the first size.
However, Pedersen teaches changing the first size of the first BF in the first shape, (See Pedersen paragraph [0081], Deformable image registration is a process or technique in which points in a first image of a first object are associated with corresponding points in a second image of a second object), wherein the second shape of the first body part includes the first BF of a second size that is different from the first size, (See Pedersen paragraph [0081, Deformable image registration is a process or technique in which points in a first image of a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify changing the first size of the first BF in the first shape, wherein the second shape of the first body part includes the first BF of a second size that is different from the first size of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 19, MADJAK taught the apparatus according to claim 18 as described above. MADJAK further teaches wherein the first size of the first BF in the first shape is determined using the first body shape data, (See MADJAK paragraph [0063], The head mesh is scaled corresponding to the head width given by the aforementioned distance between the left and right temples. The auricle meshes are scaled to the respective sizes of the shapes of the ear portions in the head mesh).
Regarding claim 20, MADJAK taught the apparatus according to claim 18 as described above. MADJAK further teaches wherein the method further comprises:
obtaining distribution data, ((See MADJAK paragraph [0007], obtained from images of the head and the ears taken at various angles), that (i) identifies a first group of BFs associated with the first body part, See MADJAK paragraph [0008], generating customized HRTFs by taking a photo of the head, determining the scaling factor, taking a second photo of the ear)
MADJAK does not explicitly disclose (ii) indicates a distribution of different sizes of each BF included in the first group of BFs and determining a size of each BF of the first group of BFs in the first shape, wherein and the first BF is included in the first group of BFs.
However, Pedersen teaches (ii) indicates a distribution of different sizes of each BF included in the first group of BFs, (See Pedersen paragraph [0081], a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes); and determining a size of each BF of the first group of BFs in the first shape, wherein and the first BF is included in the first group of BFs, See Pedersen paragraph [0081], a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify (ii) indicates a distribution of different sizes of each BF included in the second group of BFs, and the first body part and the second body part are different of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 21, MADJAK taught the apparatus according to claim 20 as described above. MADJAK further teaches wherein the distribution data (i) identifies a second group of BFs associated with a second body part, (See MADJAK paragraph [0008], generating customized HRTFs by taking a photo of the head, determining the scaling factor, taking a second photo of the ear).
MADJAK does not explicitly disclose (ii) indicates a distribution of different sizes of each BF included in the second group of BFs, and the first body part and the second body part are different.
However, Pedersen teaches (ii) indicates a distribution of different sizes of each BF included in the second group of BFs, (See Pedersen paragraph [0081], a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes); and the first body part and the second body part are different, (See Pedersen paragraph [0081, Deformable image registration is a process or technique in which points in a first image of a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify changing the first size of the first BF in the first shape, thereby generating second body shape data that indicates a second shape of the first body part, wherein the second shape of the first body part includes the first BF of a second size that is different from the first size of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 22, MADJAK taught the apparatus according to claim 21 as described above.
MADJAK does not explicitly disclose wherein each of the first body part and the second body part is selected from a group consisting of ear, head, and torso.
However, Pedersen teaches wherein each of the first body part and the second body part is selected from a group consisting of ear, head, and torso, (See Pedersen paragraph [0091], the HRTF that is selected may be the HRTF that is associated with a reference image 300 having head size and/or head shape that best match the head size and/or head shape in the input image 20, having torso size and/or torso shape that best match the torso size and/or torso shape in the input image 20, and having ear feature(s) that best match the ear feature(s) in the input image 20).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein each of the first body part and the second body part is selected from a group consisting of ear, head, and torso of Pedersen in order for determining head related transfer functions (HRTFs).
Regarding claim 23, MADJAK taught the apparatus according to claim 21 as described above.
MADJAK does not explicitly disclose wherein the distribution data indicates the distribution of the different sizes of each BF included in the first group of BFs given the distribution of the different sizes of one or more BFs included in the second group of BFs.
However, Pedersen teaches wherein the distribution data indicates the distribution of the different sizes of each BF included in the first group of BFs given the distribution of the different sizes of one or more BFs included in the second group of BFs, See Pedersen paragraph [0081, Deformable image registration is a process or technique in which points in a first image of a first object are associated with corresponding points in a second image of a second object, wherein the first and second objects may have the same or different sizes and/or shapes).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein the distribution data indicates the distribution of the different sizes of each BF included in the first group of BFs given the distribution of the different sizes of one or more BFs included in the second group of BFs of Pedersen in order for determining head related transfer functions (HRTFs).
Claims 12 and 13 are rejected under 35 U.S.C. § 103 as being un patentable over MADJAK et al. (US 2021/0014631 A1) in view of Pedersen et al. (US 2013/0169779 A1) and further in view of Noma et al. (US 2015/0279097 A1).
Regarding claim 12, MADJAK together with Pedersen taught the method according to claim 10 as described above.
MADJAK together with Pedersen does not explicitly disclose wherein
a
e
0
-
a
e
j
≤
b
where
a
e
0
is the first size,
a
e
j
is the second size, and b is the threshold value.
However, Noma teaches wherein
a
e
0
-
a
e
j
≤
b
where
a
e
0
is the first size,
a
e
j
is the second size, and b is the threshold value, (See Noma paragraph [0138], The reference point setting unit 120 may determine real numbers d.sub.i by sampling their values from a Gaussian distribution with a mean of (square root of λ.sub.1) divided by 100 and a standard deviation of (square root of λ.sub.1) divided by 10. Alternatively, the reference point setting unit 120 may place a spherical neighboring space with a predetermined radius around the center of mass μ and use predetermined values as the real numbers d.sub.i.).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein |a_e^((0) )-a_e^((j) ) |≤b where a_e^((0) ) is the first size, a_e^((j) ) is the second size, and b is the threshold value of Noma in order to retrieve existing three-dimensional models that resemble a specified model in shape.
Regarding claim 13, MADJAK together with Pedersen taught the method according to claim 1 as described above.
MADJAK together with Pedersen does not explicitly disclose wherein the method further comprises, based on the first shape, determining coordinates of vertices of the first BF in the first shape, and generating the second body shape data comprises changing one or more of the coordinates of the vertices of the first BF.
However, Noma teaches wherein the method further comprises, based on the first shape, determining coordinates of vertices of the first BF in the first shape, (See Noma paragraph [0065], the coordinates of vertices K1, K2, and K3 are defined in that order when the outer face of the polygon 51 is viewed as in FIG. 3B. That is, the vertices of a polygon are defined in the counterclockwise order along the edges of its outer face, as indicated by the broken-line arrows in FIG. 3B. As noted above, all polygons in the present context are triangular in shape), and
generating the second body shape data comprises changing one or more of the coordinates of the vertices of the first BF, (See Noma paragraph [0105], The reference point setting unit 120 determines three coordinate positions μ−σh, μ, and μ+σh as reference points for the given structure. The reference point setting unit 120 adds a new record to the reference point table 112 to register these reference points).
It would have been obvious to one with ordinary skill in the art before the
effective filing date of the claimed invention was made to modify wherein the method further comprises, based on the first shape, determining coordinates of vertices of the first BF in the first shape, and generating the second body shape data comprises changing one or more of the coordinates of the vertices of the first BF of Noma in order to retrieve existing three-dimensional models that resemble a specified model in shape.
Conclusions/Points of Contacts
The prior art made of record and not relied upon is considered pertinent to
applicant’s disclosure. See form PTO-892.
LEE et al. (US 2021/0014629 A1), The present disclosure contemplates that the physical dimensions of a user's ear can be derived based on image based geometrical properties (e.g., in terms of pixels) and the scaling factor. Such physical dimensions can be basis for deriving/determining a personalized HRTF.
JOYNER et al. (US 2021/0211825 A1) a head related transfer function (HRTF) can be applied to sound sources, so that when listened to with headphones the sounds will appear to be spatially located. In general, the HRTF corresponds to an acoustic transfer function between a point in three-dimensional (3D) space and the entrance of the ear canal. The HRTF arises from the passive filtering functions of the ear, head and body, and is ultimately used by the brain to infer a sound's location.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MULUEMEBET GURMU whose telephone number is (571)270-7095. The examiner can normally be reached M-F 9am - 5pm.
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/MULUEMEBET GURMU/Primary Examiner, Art Unit 2163
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