DETAILED ACTION
This communication is in response to the Amendments and Arguments filed on 5/28/2026.
Claims 1-3, 5-11, and 13-20 are pending and have been examined.
All previous objections / rejections not mentioned in this Office Action have been withdrawn by the examiner.
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 .
Response to Arguments / Amendments
Regarding the Applicant’s arguments for the rejections under 35 U.S.C. § 102 for applicant has amended independent claim 1 and 19 to include the limitation of claim 4 and has amended independent claim 9 and 20 to include the limitation of claim 12. Applicant asserts that prior art reference Virolainen does not teach (1) “obtain orientation information associated with the apparatus, wherein the orientation information comprises information associated with a default scene orientation”, (2) “an orientation compensation indicator”, and (3) “encode the orientation information based on a determination of a format of the encoded at least one audio signal”. Examiner respectfully disagrees. During patent examination, pending claims must be “given their broadest reasonable interpretation consistent with the specification.” MPEP 2111. Also, claims "must particularly point out and distinctly claim the invention." MPEP 2173. First, prior art reference Virolainen teaches obtaining scene orientation because scene orientation is not specifically defined in the specification to include specific technical features or values that would specifically define scene orientation. Applicant asserts in the remarks that “audio scene orientation” represents “orientation of the audio scene that is captured, transmitted, and rendered”. Spec. P0131. The specification also describes “spatial audio scene representation that may be captured, e.g., by an array of at least three microphones on a mobile device”. P0101. Prior art reference Virolainen teaches that audio signals generated from microphones are used to determine spatial information from the audio signals. Virolainen P0116. Second, prior art reference Virolainen teaches orientation compensation indicator when a direction value has to be determined based on an orientation change of the apparatus with respect to the reference orientation/position. (Virolainen P0009) Lastly, prior art reference Virolainen teaches encoding the orientation information based on a determination of a format. The step of determining a format for encoding is extremely broad and prior art reverence Virolainen teaches that an encoder is configured to encode the directionally processed audio signals according to any suitable encoding format (Virolainen P0143) and that orientation and reference direction can be included with the audio signal as metadata (Virolainen P0104). Additionally, Virolainen teaches spatial audio capture (SPAC) format created by Nokia or directional audio coding (DirAC) are suitable format for audio capture. (Virolainen P0279) In further support, prior art reference Virolainen teaches that “sound scene is recorded, converted to an appropriate audio format and then transmitted to another person B for listening” and that “at the recording side the embodiments of the application can compensate for head movements of person A and produce a stabilized sound scene by controlling the spatial audio capture according to the head orientation” and “stabilized audio signals can then be passed to the person B and the head movements of person B compensated for by using the embodiments of the application during the rendering of the sound scene.” Thus, Virolainen teaches the claim limitations given the broadest reasonable interpretation of the claim.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 8-11, 13, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Virolainen (U.S. PG Pub No. 20160345092).
Regarding claim 1 and 19 Virolainen teaches:
(Claim 1) An apparatus for an immersive audio codec during immersive communication comprising: (P0005, Apparatus.; P0079, Assisting in the production of immersive person to person communication.)
(Claim 1) at least one processor; and (P0006, Apparatus comprising at least one processor.)
(Claim 1) at least one memory including instructions that, when executed by the at least one processor, cause the apparatus at least to: (P0006, The at least one memory and the computer code configured to with the at least one processor cause the apparatus to at least perform.)
(Claim 19) A method comprising: (P0025, Method.)
obtain at least one spatial audio scene comprising at least one audio signal; (P0269, Person A can use a headset equipped with binaural microphones are preferably multiple microphones for spatial capture.)
obtain orientation information associated with the at least one spatial audio scene, wherein the orientation information comprises information associated with a default scene orientation, orientation of the apparatus, and an orientation compensation indicator indicating whether orientation compensation is being applied to the at least one audio signal; (P0081, The audio space can have located within it at least one recording or capturing device or apparatus positioned within the audio space to record suitable audio scenes. The recording apparatus can be capable of attempting to capture the audio scene or activity within the audio space.; P0006, Defining at least one of: a reference orientation for the apparatus; and a reference position for the apparatus; determining a direction value based on the reference orientation/position.; P0009, Determining a direction value may cause the apparatus to perform determining a direction value based on at least one of: an orientation change of the apparatus with respect to the reference orientation/position)
encode the at least one spatial audio scene comprising the at least one audio signal based on a format of the at least one audio signal; (P0081, The recording apparatus … can encode the audio signal.; P0089, Microphone or array of microphones can be a solid state microphone … capable of capturing audio signals and outputting a suitable digital format signal.; P0279, Spatial audio capture (SPAC) format created by Nokia or directional audio coding (DirAC) are suitable methods for audio capture, directional analysis and processing and both enable orientation processing for the signals.; P0143, Recording apparatus comprises an encoder configured to encode the directionally processed audio signals according to any suitable encoding format.; P0104, The recording apparatus orientation and reference direction can, as described herein, be included with the audio signal as metadata.)
encode the orientation information based on a determination of a format of the encoded at least one audio signal; and (P00153, The encoder can be configured to further receive the directional or orientation information from the recorder apparatus orientation input. The encoder can then in some embodiments output with the encoded audio signal the orientation or directional information.)
output or store the encoded at least one spatial audio scene and the encoded orientation information. (P0154, Outputting the encoded audio signals and the (orientation) directional information.; Fig. 5, Output encoded audio signals + directional information.)
Regarding claim 2 Virolainen teaches claim 1 and further teaches:
wherein the orientation information further comprises at least one of: orientation of a user operating the apparatus; information indicating whether the orientation compensation is being applied to the at least one audio signal with the apparatus; description for the orientation compensation; an orientation reference; or orientation information identifying a global orientation reference. (P0006, Defining at least one of: a reference orientation for the apparatus; and a reference position for the apparatus; determining a direction value based on the reference orientation/position.)
Regarding claim 3 Virolainen teaches claim 1 and further teaches:
cause the apparatus to obtain the orientation information for at least one of: at least in part of an initialization procedure; on a regular basis determined with a time period; based on a user input requesting the orientation information; or based on a determined operation mode change of the apparatus. (P0010, Defining a reference orientation/position for the apparatus may cause the apparatus to perform: receiving a user interface input to define a reference orientation/location.)
Regarding claim 8 Virolainen teaches claim 1 and further teaches:
capture the at least one spatial audio scene comprising the at least one audio signal. (P0269, Person A can use a headset equipped with binaural microphones are preferably multiple microphones for spatial capture.)
Regarding claim 9 and 20 Virolainen teaches:
(Claim 9) An apparatus for an immersive audio codec during immersive communication comprising: (P0005, Apparatus.; P0079, Assisting in the production of immersive person to person communication.)
(Claim 9) at least one processor; and (P0006, Apparatus comprising at least one processor.)
(Claim 9) at least one non-transitory memory including instructions, the instructions, when executed by the at least one processor, cause the apparatus at least to: (P0006, The at least one memory and the computer code configured to with the at least one processor cause the apparatus to at least perform.)
(Claim 20) A method comprising: (P0044, Method)
obtain an encoded at least one spatial audio scene comprising at least one audio signal and an encoded orientation information, wherein the at least one spatial audio scene comprising the at least one audio signal is obtained by a further apparatus and the encoded orientation information is associated with the at least one spatial audio scene; (P0116, Directional processor can be configured to process the audio signals generated from the microphones to determine spatial information from the audio signal.; P0081, The recording apparatus … can encode the audio signal.; Fig. 8, Input of encoded audio and metadata of recorder orientation into decoder.)
decode the encoded at least one spatial audio scene comprising the at least one audio signal, wherein the at least one spatial audio scene comprising the at least one audio signal was encoded based on a format of the at least one audio signal; (P0192, The decoder can be configured to receive the encoded audio signal and to decode the audio signal according to the suitable audio decoding mechanism.; P0089, Microphone or array of microphones can be a solid state microphone … capable of capturing audio signals and outputting a suitable digital format signal.; P0279, Spatial audio capture (SPAC) format created by Nokia or directional audio coding (DirAC) are suitable methods for audio capture, directional analysis and processing and both enable orientation processing for the signals.)
decode the encoded orientation information, wherein the orientation information was encoded based on a determination of a format of the encoded at least one audio signal and the orientation information comprises information associated with a default scene orientation and an orientation compensation indicator indicating whether orientation compensation was applied to the at least one audio signal by the further apparatus; and (P0153, Encoder can be configured to output the orientation directional information as metadata.; P0015, Determining a direction value may cause the apparatus to perform determining a direction value dependent on the recording apparatus direction value can cause the apparatus to perform determining a direction value based on at least one of: an orientation change of the recording apparatus with respect to the reference orientation/position for the recording apparatus.; P0206, Decoder can be configured to decode the recorder apparatus orientation information from the metadata.)
provide the decoded orientation information to means configured to process the at least one audio signal based on the default scene orientation and the orientation compensation indicator. (Fig. 11, Recorder orientation input and listener orientation input is used to directionally process encoded audio input by the directional processor.; P0189, The rotator can be configured to receive both the recorder orientation input and listener orientation input and be configured to generate a rotation compensation value P(t) dependent on the listener and recorder orientation inputs.; P0197, The directional processor, having rotated or directionally processed the audio signal, can then be configured to generate a playback output signal.)
Regarding claim 10 Virolainen teaches claim 9 and further teaches:
wherein the orientation information of the further comprises at least one of: orientation of a user operating the further apparatus; information indicating whether the orientation compensation is being applied to the at least one audio signal with the further apparatus; an orientation reference; or orientation information identifying a global orientation reference. (P0165, The listener orientation input can be generated or determined by monitoring the audio environment of the listening apparatus. In such embodiments by applying similar directional analysis to that described herein with respect to the recording apparatus the listening apparatus audio environment sources and their orientations determined and when the source orientations move then the listener orientation is determined to have moved in the opposite direction by that amount. In some arrangements listener head orientation is monitored using headtracker.)
Regarding claim 11 Virolainen teaches claim 9 and further teaches:
obtain the encoded orientation information for at least one of: at least in part of an initialization procedure; on a regular basis determined with a time period; based on a user input requesting the orientation information; or based on a determined operation mode change of the further apparatus. (P0170, In some embodiments the rotator can be configured to receive at least one user input. The user input can in some embodiments be generated by the user interface. The user input can thus permit the listener to rotate the audio scene manually.; Fig. 8, Rotator requires recorder orientation input and listener orientation input.)
Regarding claim 13 Virolainen teaches claim 9 and further teaches:
determine whether there is separately encoded information associated with the default scene orientation and the orientation compensation indicator; (P0274, When the virtual button is clicked the current orientation of the device is selected as a reference orientation/position. Thus, regardless of user turning the device to different directions, the audio scene is kept locked to reference direction.; P0282, Selection of the reference direction can be agreed between the recording apparatus and listening apparatus. In some embodiments the selected reference can be stored or transmitted as metadata with the audio signal.)
decode the orientation information associated with the default scene orientation and the orientation compensation indicator based on the separately encoded information associated with the default scene orientation and the orientation compensation indicator; and (P0104, The recording apparatus orientation and reference direction can, as described herein, be included with the audio signal as metadata.; P0206, The decoder can be configured to decode the recorder apparatus orientation information from the metadata.)
determine the orientation information as the encoded orientation information associated with the default scene orientation when the encoded orientation information associated with the default scene orientation is present. (P0165, The listening apparatus is configured to receive a listener orientation input. The listener orientation input can for example by provided by any suitable orientation or location sensor as described herein.; P0272, Where differential head tracking is used for audio recording it is possible to separate the listener's head movements from the body orientation. Thus head movements relative to body of the motion of a person who is making the capturing or recording can be removed from the recording and the sound scene locked to the reference direction.)
Regarding claim 16 Virolainen teaches claim 9 and further teaches:
signal process the at least one audio signal based on the default scene orientation and the orientation compensation indicator. (Fig. 11, Recorder orientation input and listener orientation input is used to directionally process encoded audio input by the directional processor.; P0189, The rotator can be configured to receive both the recorder orientation input and listener orientation input and be configured to generate a rotation compensation value P(t) dependent on the listener and recorder orientation inputs.; P0197, The directional processor, having rotated or directionally processed the audio signal, can then be configured to generate a playback output signal.)
Regarding claim 17 Virolainen teaches claim 16 and further teaches:
determine at least one orientation control user input or orientation control indicator; and (P0170, In some embodiments the rotator can be configured to receive at least one user input. The user input can in some embodiments be generated by the user interface. The user input can thus permit the listener (or where the user input is received from the recorder apparatus the user of the recorder) to rotate the audio scene manually.)
apply an orientation compensation processing to the at least one audio signal based on the default scene orientation, the orientation compensation indicator and the at least one orientation control user input or orientation control indicator. (P0170, The rotational difference operation shown herein can be represented as: [Equation].; P0171, The output of the rotator can, in some embodiments, be passed to the directional processor.; P0172, In some embodiments the listening apparatus comprises a directional processor configured to receive the output of the decoder and further the output of the rotator. The directional processor can be configured to directionally process the audio signals from the decoder according to the orientation value from the rotator.)
Regarding claim 18 Virolainen teaches claim 17 and further teaches:
determine at least one audio scene rotation control user input; and (P0170, In some embodiments the rotator can be configured to receive at least one user input. The user input can in some embodiments be generated by the user interface. The user input can thus permit the listener (or where the user input is received from the recorder apparatus the user of the recorder) to rotate the audio scene manually.)
apply a scene rotation processing to the at least one audio signal based on: the default scene orientation, the orientation compensation indicator, and the at least one audio scene rotation user input. (P0170, The rotational difference operation shown herein can be represented as: [Equation].; P0171, The output of the rotator can, in some embodiments, be passed to the directional processor.; P0172, In some embodiments the listening apparatus comprises a directional processor configured to receive the output of the decoder and further the output of the rotator. The directional processor can be configured to directionally process the audio signals from the decoder according to the orientation value from the rotator.; Fig. 8, Rotator takes recorder orientation input and listener orientation input.)
Claim Rejections - 35 USC § 103
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Virolainen in view of Yang et al. (U.S. PG Pub No. 20150185002), hereinafter Yang.
Regarding claim 5 Virolainen teaches claim 1 and further teaches:
compare the information associated with the default scene orientation and orientation of the apparatus; (P0015, Determining a direction value may cause the apparatus to perform determining a direction value dependent on the recording apparatus direction value can cause the apparatus to perform determining a direction value based on at least one of: an orientation change of the recording apparatus with respect to the reference orientation/position for the recording apparatus.)
encode the information associated with the default scene orientation and the orientation of the apparatus based on the comparison when differing by more than a threshold value; and (P0006, Defining at least one of: a reference orientation for the apparatus; and a reference position for the apparatus; determining a direction value based on the reference orientation/position.; P00153, The encoder can be configured to further receive the directional or orientation information from the recorder apparatus orientation input. The encoder can then in some embodiments output with the encoded audio signal the orientation or directional information.)
encode the information associated with the default scene orientation based on the comparison when differing by less than the threshold value. (P0006, Defining at least one of: a reference orientation for the apparatus; and a reference position for the apparatus; determining a direction value based on the reference orientation/position.; P00153, The encoder can be configured to further receive the directional or orientation information from the recorder apparatus orientation input. The encoder can then in some embodiments output with the encoded audio signal the orientation or directional information.)
Virolainen does not specifically teach:
encode the information associated with the default scene orientation and the orientation of the apparatus based on the comparison when differing by more than a threshold value; and
encode the information associated with the default scene orientation based on the comparison when differing by less than the threshold value.
Yang, however, teaches:
encode the information associated with the default scene orientation and the orientation of the apparatus based on the comparison when differing by more than a threshold value; and (P0156, Orientation estimator (FIG. 1) may update the yaw value, if the yaw angular rotation is greater than the predefined yaw angular rotation threshold.)
encode the information associated with the default scene orientation based on the comparison when differing by less than the threshold value. (P0156, Orientation estimator (FIG. 1) may update the yaw value, if the yaw angular rotation is greater than the predefined yaw angular rotation threshold.)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to compare orientation and utilize a threshold value when encoding orientation. It would have been obvious to combine the references because orientation estimator may detect an unintentional yaw change of device, for example, if the yaw angular rotation is less than the predefined yaw angular rotation threshold. (Yang P0146)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Virolainen in view of Yang and further view of “A General Compression Approach to Multi-Channel Three-Dimensional Audio” by Cheng et al., hereinafter Cheng.
Regarding claim 6 Virolainen in view of Yang teaches claim 5.
Virolainen in view of Yang does not specifically teach:
wherein the threshold value is based on a quantization distance used to encode the orientation information.
Cheng, however, teaches:
wherein the threshold value is based on a quantization distance used to encode the orientation information. (A. Spatial Localization Quantization Points, Each SLQP consists of localization information described as source azimuth/elevation. Two example SLQP designs are described here, which have comparatively higher and lower quantization precision, as shown in Figs. 4, and 5.; Fig. 4, Quantized points on a sphere.)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to utilize quantized distances. It would have been obvious to combine the references because quantization uses less bits allowing for bit rate efficiency. (Cheng, A. Spatial Localization Quantization Points)
Allowable Subject Matter
Claim 7, 14, and 15 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. More specifically, none of the prior art either alone or in combination, teaches or makes obvious the combined steps in claim 7 of determining a plurality of indexed elevation values and indexed azimuth values as points on a grid arranged in a form of a sphere, wherein the spherical grid is formed with covering the sphere with smaller spheres, wherein the smaller spheres define the points of the spherical grid, identifying a reference orientation within the grid as a zero elevation ring of points of the spherical grid, identifying a point on the grid closest to a first selected direction index on the zero elevation ring, applying a rotation based on the orientation information to a plane, identifying a second point on the grid closest to the rotated plane on the zero elevation ring through the point on the grid, and encoding the orientation information based on the point on the grind and the second point on the grid. Moreover, none of the prior art either alone or in combination, teaches or makes obvious the combined steps in claim 14 of determining a plurality of indexed elevation values and indexed azimuth values as points on a grid arranged in a form of a sphere, wherein the spherical grid is formed with covering the sphere with smaller spheres, wherein the smaller spheres define the points of the spherical grid, identifying a reference orientation within the grid as a zero elevation ring, identifying a point on the grid closest to the first index on the zero elevation ring, identifying a rotation by a plane on the zero elevation ring through the point on the grid closest to the first index which results in a rotating plane also passing through the second point on the grid wherein the orientation information is the rotation. Claim 15 is would be allowable as it is dependent on claim 14.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL WONSUK CHUNG whose telephone number is (571)272-1345. The examiner can normally be reached Monday - Friday (7am-4pm)[PT].
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/DANIEL W CHUNG/Examiner, Art Unit 2659
/PIERRE LOUIS DESIR/Supervisory Patent Examiner, Art Unit 2659
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