www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`17/690,665
`
`03/09/2022
`
`Yuki Yamamoto
`
`$1459.72051US03
`
`9492
`
`Sony Group Corp / Europe Limited ($1459/S1981)
`c/o Wolf, Greenfield & Sacks, P.C.
`600 Atlantic Avenue
`
`Boston, MA 02210-2206
`
`ESCALANTE, OVIDIO
`
`3992
`
`01/07/2025
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`Patents_eOfficeAction @ WolfGreenfield.com
`Sony_eOfficeAction @ WolfGreenfield.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-7,9 and 11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C} Claim(s)__ is/are allowed.
`Claim(s) 1-7,9 and 11 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11) The drawing(s)filed on 3/9/22 is/are: a)¥) accepted or b)L) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)£) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Q) All
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20241204
`
`Application No.
`Applicant(s)
`17/690,665
`Yamamoto etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`OVIDIO ESCALANTE
`3992
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 2/7/24.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 2
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`DETAILED ACTION
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`1.
`
`This action is responsive to the Applicant’ s amendmentfiled on February 7, 2024. Asset forth
`
`in the Applicant’s response, claims 1,3, 5, 7,9, and 11 have been amended.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), wasfiled in this application after final rejection. Since this application is eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
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`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's
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`submission filed on February 7, 2024 has been entered.
`
`Notice ofPre-AIA or AIA Status
`
`2.
`
`The present application, filed on or after March 16, 2013, is being examined underthe first
`
`inventorto file provisions of the AIA.
`
`Reissue Applications
`
`3.
`
`Forreissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37
`
`CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Wherespecifically
`
`designated, these are “‘pre-AIA”provisions.
`
`Forreissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and
`
`37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
`
`Applicant is remindedof the continuing obligation under 37 CFR 1.178(b), to timely apprise the
`
`Office of any prior or concurrent proceeding in which Patent No. 10,587,976 is or was involved. These
`
`proceedings would include anytrial before the Patent Trial and Appeal Board, interferences, reissues,
`
`reexaminations, supplemental examinations,andlitigation.
`
`Applicantis further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise
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`the Office of any information which is material to patentability of the claims under consideration in this
`
`reissue application.
`
`These obligations rest with each individual associated with the filing and prosecution ofthis
`
`application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
`
`

`

`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 3
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`Reissue Declaration
`
`Response to Arguments
`
`The Applicantstates that they will defer responding to the rejection of claims 1-7, 9 and 11 based
`
`onan allegedly defective reissue declaration until allowable subject matter is indicated.
`
`The Examinernotesthatsince this issue has not been overcome,the rejection is maintained.
`
`103 Rejections
`
`Applicant’s arguments with respect to claim(s) 1, 3, 5, 7, 9, and 11 have been considered but are
`
`moot because the new groundof rejection does not rely on the same combination of references applied in
`
`the prior rejection of record for any teaching or matter specifically challenged in the argument.
`
`Reissue Declaration
`
`4.
`
`The reissue oath/declaration filed with this application is defective (see 37 CFR 1.175 and MPEP
`
`§ 1414) because of the following:
`
`Asset forth in the Reissue Declaration, “[t]he scope of original claims 1, 3 and 5 is broadened by
`
`the addition of claims 7, 9 and 11 which omit the limitation “by performing three-dimensional vector base
`
`amplitude panning (VBAP). In addition, the reissue declaration stated that claim | fails to recite that
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`“gains of the at least four processing-target speakers each have a value other than 0.”
`
`The Examinernotes that in view of the Applicant’s amendment, the error statementis no longer
`
`based upon limitations set forth in the claim. It is noted that new claims 7, 9 and 11 do not include any
`
`limitation reciting “gainsof the at least four processing-target speakers each have a value other than 0”. In
`
`addition, claims 7, 9, and 11 dono removethe entirety of “by performing three-dimensional vector based
`
`amplitude panning (VBAP).
`
`5.
`
`Claims 1-7, 9, and 11 are rejected as being based upon a defective reissue declaration under 35
`
`U.S.C. 251 as set forth above. See 37 CFR 1.175.
`
`The nature of the defect(s) in the declaration is set forth in the discussion abovein this Office
`
`action.
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`

`

`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 4
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`Claim Interpretation
`
`The following is a quotation of 35 U.S.C. 112:
`
`(f) Element in Claim fora Combination. — An element in a claim for a combination may be expressed
`as a meansor step for performing a specified function withoutthe 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:
`
`Anelement in a claim for a combination may be expressed as a meansor 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 claimsin this application are given their broadest reasonable interpretation using the plain
`
`meaning of the claim language inlight 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 commonlyreferred to asa
`
`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.
`
`Asexplained in MPEP§ 2181, subsection I, claim limitations that meet the following three-prong
`
`test will be interpreted under 35 U.S.C. 112) 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
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`structural meaning) for performing the claimed function;
`
`(B)
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`the term “means”or “step” or the generic placeholder is modified by functional language,
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`typically, but not alwayslinked by the transition word“for”(e.g., “meansfor”) or another linking
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`wordor phrase, such as “configured to”or “so that”; and
`
`(C)
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`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( or pre-AIA 35
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`

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`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page5S
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`U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C.
`
`112)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
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`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 presumptionthat the claim limitation is not interpreted under 35 U.S.C. 112) or pre-AIA
`
`35 U.S.C. 112, sixth paragraph, is rebutted whenthe claim limitation recites function without reciting
`
`sufficient structure, material or acts to entirely perform the recited function.
`
`Claim limitationsin this application that use the word “means”(or “step”) are being interpreted
`
`under 35 U.S.C. 112) 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 moreclaim limitations that do not use the word “means,”but are
`
`nonetheless being interpreted under 35 U.S.C. 112) 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 withoutreciting
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`sufficient structure to perform the recited function and the generic placeholderis not preceded by a
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`structural modifier. Such claim limitation(s) is/are: speaker selecting unit, virtual speaker position
`
`determining unit, and virtual speaker gain calculating unit in claims | and 7.
`
`With respect to speaker selecting unit, the Examiner determines with reference to Figure 9, the
`
`“976 patent shows a speaker selecting unit 21 with a single output and two outputs. The ‘976 Patent
`
`discloses “[b]ased on the object's position information supplied from outside, the speakerselecting
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`unit 21 identifies the position at which a sound image of sound to be emitted from the object in the space
`
`including the speakers 12 is to be fixed (the position to be identified will be hereinafter also referred to as
`
`the target sound imageposition), and supplies the result of the identification to the gain calculating
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`unit 22. Based on the target sound imageposition, the speaker selecting unit 21 selects four speakers 12 to
`
`

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`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 6
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`output sound as processing-target speakers 12 from among the N speakers 12, and supplies select
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`information indicating the result of the selection to the gain calculating unit 22, the gain determining
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`unit 23, and the gain outputting unit 24.” See col. 9, line 63 — col. 10,line 8.
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`With respect to virtual speaker position determining unit, the Examiner determinesthat with
`
`reference to Figure 10, the specification discloses that the gain calculating unit includes a virtual speaker
`
`position determining unit 61. The specification discloses “The virtual speaker position determining
`
`unit 61 determinesthe position of a virtual speaker based on information indicating the target sound
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`image position andthe select information supplied from the speaker selecting unit 21. The virtual speaker
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`position determining unit 61 supplies the information indicating the target sound imageposition,the
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`select information, and information indicating the position of the virtual speaker to the three-dimensional
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`gain calculating unit 62, and supplies the select information and the information indicating the position of
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`the virtual speaker to the two-dimensional gain calculating unit 63”. See col. 10, lines 52-62.
`
`With respect to virtual speaker gain calculating unit, the Examiner determinesthat the
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`specification discloses “[t]he gain calculating unit may include: a virtual gain calculating unit that
`
`calculates output gains of three of the sound outputting units based on a positional relationship among the
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`three of the sound outputting units and the sound image localization position...” See col. 2, lines 53-57. In
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`addition, the specification discloses “the gain calculating unit 22 calculates gains of the processing-target
`
`speakers 12 based on the select information supplied from the speakerselecting unit 21 and the target
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`sound image position, and supplies the gains to the gain outputting unit 24. The gain determining
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`unit 23 determines gains of the speakers 12 other than the processing-target speakers based ontheselect
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`information supplied from the speaker selecting unit 21, and supplies the gains to the gain outputting
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`unit 24.” See col. 10, lines 9-13.
`
`In addition, with reference to Fig. 10, the specification discloses “The gain calculating unit 22
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`shown in FIG 9 hasthe structure shown in FIG. 10, for example. The gain calculating unit 22 shown
`
`

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`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 7
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`in FIG. 10 includesa virtual speaker position determining unit 61, a three-dimensional gain calculating
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`unit 62, a two-dimensional gain calculating unit 63, a multiplier 64, and a multiplier 65.” See col. 10,
`
`lines 46-51
`
`The Examinerfurther determinesthat the specification with respect to Figure 16 and col. 18, lines
`
`44-col. 19, line 18 discloses the specification discloses “FIG. 16 is a block diagram showing an example
`
`structure of the hardware of a computer that performs the above described series of processes in
`
`accordance with programs.”.
`
`In view of the above description, the Examiner determinesthat the structure corresponds a CPU
`
`that performsthe described series of processes in accordance with programs. Asset forth above, the
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`specification discloses a series of processes for each identified unit in performingthe recited claim
`
`function.
`
`Becausethis/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112) or pre-AIA
`
`35 U.S.C. 112, sixth paragraph,it/they is/are being interpreted to cover the correspondingstructure
`
`describedin the specification as performing the claimed function, and equivalents thereof.
`
`If applicant does not intend to havethis/these limitation(s) interpreted under 35 U.S.C. 112) 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) or pre-AIJA 35 U.S.C. 112, sixth paragraph(e.g., by
`
`reciting sufficient structure to perform the claimed function); or (2) present a sufficient showingthat the
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`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(H or pre-AIA 35 U.S.C. 112, sixth paragraph.
`
`Claim Rejections - 35 USC § 103
`
`7.
`
`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
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`

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`Application/Control Number: 17/690,665
`Art Unit: 3992
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`Page 8
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`the rejection will not be considered a new groundof rejection if the prior art relied upon,andthe rationale
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`supporting the rejection, would be the same undereitherstatus.
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`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent fora 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 obviousbefore 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 text of those sections of Title 35, U.S. Code not includedin this action can be found in a
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`prior Office action.
`
`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
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`103 are summarized as follows:
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`1. Determining the scope and contents of the prior art.
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`2. Ascertaining the differences between the prior art and the claimsatissue.
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`3. Resolving the level of ordinary skill in the pertinentart.
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`8.
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`Claim(s) 1, 3, 5, 7 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lemieux
`
`US Patent 9,197,979 in view of Ohashi US Patent Pub. 2009/0034764.
`
`Regarding claim 1:
`
`A sound processing apparatus comprising:
`
`Lemieuxis directed to a method of reproducing object-based audio and determining,fora
`
`plurality of sound reproduction devices, one or more audio reproducing parameters using modified vector
`
`base amplitude panning (VBAP). See col. 1, lines 52-63. See also col. 7, lines 4-18.
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`a speakerselecting unit configured to select four processing -target speakers froma number
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`N of speakers greater than four;
`
`

`

`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 9
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`Asset forth in col. 2, lines 4-21, Lemieux discloses selecting a plurality of sound reproduction
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`devices from a group of sound reproduction devices. See also col. 3, lines 26-31 (“the plurality of sound
`
`reproduction deviceis selected from the group consisting of loudspeakers and headphones”). As
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`explained in col. 12, lines 40-45, Lemieux explains that the number of sound reproduction devices can be
`
`four. The Examiner notes that Lemieux in col. 12, lines 40-45 teaches of using different number of
`
`selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1,
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`9.1, and 11.1 surround sound configurations as explainedin col. 10, lines 18-27. See also Figure 3 which
`
`showsa total of 7 speakers which correspondsto a 7.1 surround configuration (or 5.1 surround
`
`configuration plus two elevated or overhead speakers).
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`To the extent this teachingis not sufficient to disclose that a “speaker selecting unit”is
`
`configured to “select four processing-target speakers from a number N of speakers greater than four”, the
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`Examinerfinds that Ohashi is directed to a sound field control apparatus which includesa localization
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`calculating unit which selects four speakers from & speakers (N speakers greater than four) based on the
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`localization information of each audio signal input from the audio source input unit. See paragraph [0030]
`
`Therefore, it would have been obviousto a person of ordinary skill in the art before the effective
`
`filing date of the claimed inventionto select four speakers out of N speakers greater than four by a
`
`speaker selecting unit. As explained above, Lemieux in col. 10, lines 18-27 and col. 12, lines 40-45
`
`teaches of using different numberof selected sound reproduction devices as well as arranging the sound
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`reproduction devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations. See also Figure 3
`
`which showsa total of 7 speakers which correspondsto a 7.1 surround configuration (or 5.1 surround
`
`configuration plus two elevated or overhead speakers). See col. 10, lines 18-27.
`
`Therefore, since Lemieux discloses of at least selecting four speakers as well as being configured
`
`to have more than 4 speakers one of ordinary skill in the art would have understoodthat it would have
`
`been obvious to have a speakerselecting unit select speakers out of more than four speakerssince as
`
`evidenced by both Lemieux and Ohashi it was knownto havea plurality of speakers (e.g. 8 speakers) and
`
`thus have N speakers greater than four andselecting those speakers by a speaker selecting unit would
`
`

`

`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 10
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`haveyielded a predictable result based on the teachings directed to using more than four speakers in
`
`Lemieux.
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`a virtual speaker position determining unit configured to determine a position of a virtual
`
`speaker based on the processing-target speakers selected by the speaker selecting unit; and
`
`Lemieux discloses a virtual sound reproduction device (virtual speaker) as well as determining
`
`the location of the virtual sound reproduction device. See col. 13, lines 5-28. With reference to Figure
`
`6C, the region 608 is made up of physical sound reproduction devices 1, 2, 3, and 4 and the position of
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`the virtual sound reproduction device 5 is determined based the position of the physical speakers (i.e. the
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`physical sound reproduction devices 1, 2, 3 and 4).
`
`CA
`
`a
`
`FIG. 6C
`
`See also col. 13, lines 28-39.
`
`a gain calculating unit configured to calculate gainsof the selected processing -target
`
`speakers based on a positional relationship between the virtual speaker, two speakers among the
`
`

`

`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 11
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`four speakers, and a sound imagelocalization position of a virtual sound source by performing
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`three-dimensional vector base amplitude panning (VBAP).
`
`
`
`FIG. 6B
`
`As shownin figure 6B, Lemieux discloses e.g. two speakers amongthe four speakers(e.g.
`
`speaker 612 and 614), a virtual speaker 620 and a virtual sound source 610. As explained in col. 10, lines
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`59-col. 11, lines 48, VBAP can be used to determine gain factors for each of the sound reproduction
`
`devices. See also col. 11, lines 33-48.
`
`As explained above, the gain factor of triangle 625 is based on the virtual speaker 620, two
`
`speakers 612 and 614 (of the four) and the virtual sound source 610. See col. 14, lines 27-30 and col. 18,
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`lines 46-col. 19, line 2. Incol. 13, lines 29-col. 14, line 56, Lemieux explains the computation of the gain
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`factors which is performed after determining the position of the virtual speaker as well as determining the
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`location of the virtual sound sourcein triangle 625, i.e. the sound imagelocalization of the virtual sound
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`source 610.
`
`

`

`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Regarding claim 3:
`
`A method comprising:
`
`Page 12
`
`Lemieuxis directed to a method of reproducing object-based audio and determining,fora
`
`plurality of sound reproduction devices, one or more audio reproducing parameters using modified vector
`
`base amplitude panning (VBAP). See col. 1, lines 52-63. See also col. 7, lines 4-18.
`
`using at least one processor to perform:selecting four processing -target speakers froma
`
`numberN of speakers greater than four;
`
`Asset forth in col. 2, lines 4-21, Lemieux discloses selecting a plurality of sound reproduction
`
`devices from a group of sound reproduction devices. See also col. 3, lines 26-31 (“the plurality of sound
`
`reproduction device is selected from the group consisting of loudspeakers and headphones”). As
`
`explained in col. 12, lines 40-45, Lemieux explains that the number of sound reproduction devices can be
`
`four. The Examiner notes that Lemieux in col. 12, lines 40-45 teaches of using different number of
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`selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1,
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`9.1, and 11.1 surround sound configurations. See also Figure 3 which showsa total of 7 speakers which
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`correspondsto a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead
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`speakers). See col. 10, lines 18-27.
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`To the extent this teaching is not sufficient to disclose that a ‘processor’ is configuredto “select
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`four processing-target speakers from a number N of speakers greater than four”, the Examinerfinds that
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`Ohashiis directed to a sound field control apparatus which includesa localization calculating unit
`
`(‘processor’) which selectsfour speakers from § speakers (N speakers greater than four) based on the
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`localization information of each audio signal input from the audio source input unit. See paragraph [0030]
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`Therefore, it would have been obviousto a person of ordinary skill in the art before the effective
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`filing date of the claimed inventionto select four speakers out of N speakers greater than four by a
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`“processor’. As explained above, Lemieux in col. 10, lines 18-27 and col. 12,lines 40-45 teaches of using
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`different number of selected sound reproduction devicesas well as arranging the sound reproduction
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`devices in 5.1, 6.1, 7.1, 9.1, and 11.1 surround sound configurations. See also Figure 3 which shows a
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`

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`Application/Control Number: 17/690,665
`Art Unit: 3992
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`Page 13
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`total of 7 speakers which correspondsto a 7.1 surround configuration (or 5.1 surround configuration plus
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`two elevated or overhead speakers). See col. 10, lines 18-27.
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`Therefore, since Lemieux discloses of at least selecting four speakers as well as being configured
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`to have more than 4 speakers one of ordinary skill in the art would have understood that it would have
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`been obviousto have a ‘processor’ select speakers out of more than four speakers since as evidenced by
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`both Lemieux and Ohashi it was knownto havea plurality of speakers (e.g. 8 speakers) and thus have N
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`speakers greater than four and selecting those speakers by a ‘processor’ would have yielded a predictable
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`result based on the teachings directed to using more than four speakers in Lemieux.
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`determining a position of a virtual speaker based on the selected four processing - target
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`speakers; and
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`Lemieux discloses a virtual sound reproduction device (virtual speaker) as well as determining
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`the location of the virtual sound reproduction device. See col. 13, lines 5-28. With reference to Figure
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`6C, the region 608 is made up of physical sound reproduction devices 1, 2, 3, and 4 and the position of
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`the virtual sound reproduction device 5 is determined based the position of the physical speakers (i.e. the
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`physical sound reproduction devices 1, 2, 3 and 4).
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`

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`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 14
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`VEILOEORE
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`|ERPORESREEDPIASIDLOEREERENELLIE
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`FIG. 6C
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`See also col. 13, lines 28-39.
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`calculating gainsof the selected processing-target speakers based on a positional
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`relationship between the virtual speaker, two speakers amongthe four speakers and a sound image
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`localization position of a virtual sound source by performing three- dimensional vector base
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`amplitude panning (VBAP).
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`

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`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 15
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` a _
`
`
`'
`
`!
`
`ee
`620 ma) A{BISIs |
`Monn, — Nee
`|
`he“
`3
`™
`
`oe tod“he,oe
`
`SytoEr
`
`FIG. 6B
`
`As shownin figure 6B, Lemieux discloses e.g. two speakers among the four speakers(e.g.
`
`speaker 612 and 614), a virtual speaker 620 anda virtual sound source 610. As explained in col. 10, lines
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`59-col. 11, lines 48, VBAP can be used to determine gain factors for each of the sound reproduction
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`devices. See also col. 11, lines 33-48.
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`As explained above, the gain factor of triangle 625 is based on the virtual speaker 620, two
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`speakers 612 and 614 (of the four) and the virtual sound source 610. See col. 14, lines 27-30 and col. 18,
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`lines 46-col. 19, line 2. In col. 13, lines 29-col. 14, line 56, Lemieux explains the computation of the gain
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`factors which is performed after determining the position of the virtual speaker as well as determining the
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`location of the virtual sound sourcein triangle 625, i.e. the sound imagelocalization of the virtual sound
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`source 610.
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`Regarding claim 5:
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`

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`Application/Control Number: 17/690,665
`Art Unit: 3992
`
`Page 16
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`At least one non-transitory computer-readable storage medium storing instructions that,
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`when executed by at least one processor, cause the at least one processor to perform a method
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`comprising:
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`Lemieuxis directed to a method of reproducing object-based audio and determining,fora
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`plurality of sound reproduction devices, one or more audio reproducing parameters using modified vector
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`base amplitude panning (VBAP). See col. 1, lines 52-63. See also col. 7, lines 4-18.
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`In addition, Lemieux discloses in col. 15, line 65 — col. 16, line 35 of the use of a computer
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`readable medium (non-transitory computer storage medium’) which can be coupled to a processor for
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`execution of the steps of the method, processor or algorithm.
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`selecting four processing-target speakers from a numberN of speakers greater than four;
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`Asset forth in col. 2, lines 4-21, Lemieux discloses selecting a plurality of sound reproduction
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`devices from a group of sound reproduction devices. See also col. 3, lines 26-31 (“the plurality of sound
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`reproduction deviceis selected from the group consisting of loudspeakers and headphones”). As
`
`explained in col. 12, lines 40-45, Lemieux explains that the number of sound reproduction devices can be
`
`four. The Examiner notes that Lemieux in col. 12, lines 40-45 teaches of using different number of
`
`selected sound reproduction devices as well as arranging the sound reproduction devices in 5.1, 6.1, 7.1,
`
`9.1, and 11.1 surround sound configurations. See also Figure 3 which showsa total of 7 speakers which
`
`correspondsto a 7.1 surround configuration (or 5.1 surround configuration plus two elevated or overhead
`
`speakers). See col. 10, lines 18-27.
`
`To the extent this teaching is not sufficient to disclose that a ‘processor’ is configured to
`
`performed the methodof “select four processing-target speakers from a numberN of speakersgreater
`
`than four”, the Examinerfinds that Ohashiis directed to a sound field control apparatus which includes a
`
`localization calculating unit (‘processor’) which selectsfour speakers from 8 speakers (N speakers greater
`
`than four) based on the localization information of each audio signal input from the audio source input
`
`unit. See paragraph [0030]
`
`

`

`Application/Control Number: 17/690,665
`