DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/29/2026 is being considered by the examiner.
Response to Amendment
In response to the non-final office action dated05/28/2026, applicant has amended claims 1, 15, and 16. Claims 1-16 are currently pending in the application.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 5, 15, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eubank et al (US Pub No. 2020/0221248, hereinafter Eubank) in view of Leischner et al (Spatial Audio Music Player for Web 2021. In RoCHI (pp. 125-129).
Regarding claim 1, Eubank teaches a data processing apparatus (¶ [0043-0044], server systems or cloud storage capable of storing spatial audio library 402) comprising circuitry (¶ [0043-0044], servers require circuitry to function) configured to: host cloud storage (Fig 4 & ¶ [0043-0044], spatial audio library stored remotely on cloud on servers and accessible via data processing systems via user interface 406) interactable by a second data processing apparatus (¶ [0044], data processing systems capable of accessing spatial audio library 402 such as laptops, desktops, or tablets) via an interface of the second data processing apparatus (Fig 4 & ¶ [0043-0044], spatial audio library stored remotely on cloud servers and accessible via data processing systems via user interface 406); receive, from the second data processing apparatus (Fig 1 & ¶ [0035], sound is recorded 102 using microphones of data processing systems and sent (received at server systems) for playback 104 being stored in audio library 402) via the interface (Fig 1 & 4, recording 102 played back for user experience 106 or developer preview 108 via user interface 406), an electronic file comprising audio information encoded in a spatial audio format (¶ [0005], recorded or encoded audio data is stored as a spatial audio object using an ambisonics format) not playable by the interface (¶ [0005], spatial audio object contains multiple channels and in order to enable preview, the audio channels are subjected to a spatial audio downmixing meaning the spatial audio object is not in a playable state before downmixing); initiate virtualisation of the received electronic file for virtualisation of the audio information encoded in the spatial audio format (¶ [0005], the spatial audio object having channels associated with respective spatial distribution and subjected to spatial audio downmixing for aural preview) and obtain a virtualised version of the electronic file comprising the virtualised audio information (Fig 4 & ¶ [0039], spatial audio object saved in spatial audio library 402), wherein the electronic file comprising the virtualised audio information is made into an audio format playable by the interface (Fig 4, preview matrix mixer 416 downmixes spatial audio for sound preview via user interface 406) by the virtualisation comprising changing a number of channels of the audio information to allow the interface to playback the virtualised version of the electronic file while retaining a spatial audio effect of the audio information (Fig 4 & ¶ [0041], user preview 420 allows user to experience downmixed spatial audio while maintaining spatial effects); and provide, to the second data processing apparatus via the application, the virtualised version of the electronic file (Fig 4 & ¶ [0040-0041], sound preview 420 played for user via user interface 406 accessed through user’s data processing system).
Eubank does not explicitly teach the use of a web browser.
Leischner teaches a web based spatial audio music player (See Leischner Abstract).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the web based spatial audio music player taught by Leischner with the data processing apparatus taught by Eubank. Doing so provides an easy to use spatial audio player accessible from anywhere as stated by Leischner (Abstract). This provides users with accessible, flexible, and collaborative features from any device connected to the internet.
Regarding claim 5, Eubank in view of Leischner teaches the data processing apparatus according to claim 1, wherein the circuitry is configured to store the virtualised version of the electronic file such that it is accessible to one or more users including a user of the second data processing apparatus (Fig 4, spatial audio library available to users via user interface 406).
Regarding claim 15, Eubank teaches a data processing apparatus comprising circuitry (¶ [0044], data processing systems capable of accessing spatial audio library 402 such as laptops, desktops, or tablets) configured to: upload, to a second data processing apparatus (Fig 1 & ¶ [0035], sound is recorded 102 using microphones of data processing systems and sent (received at server systems) for playback 104 being stored in audio library 402) via an interface of the first data apparatus interacting with a application hosted by the second data processing apparatus Fig 4 & ¶ [0043-0044], spatial audio library stored remotely on cloud servers and accessible via data processing systems via user interface 406, an electronic file comprising audio information encoded in a spatial audio format (¶ [0005], recorded or encoded audio data is stored as a spatial audio object using an ambisonics format) not playable by the interface (¶ [0005], spatial audio object contains multiple channels and in order to enable preview, the audio channels are subjected to a spatial audio downmixing meaning the spatial audio object is not in a playable state before downmixing), the second data processing apparatus being configured to output the electronic file for virtualisation of the audio information encoded in the spatial audio format (Fig 4 & ¶ [0040-0041], sound preview 420 played for user via user interface 406 accessed through user’s data processing system), the virtualisation comprising changing a number of channels of the audio information to allow playback the virtualized version of the electronic file while retaining a spatial audio effect of the audio information (Fig 4 & ¶ [0041], user preview 420 allows user to experience downmixed spatial audio while maintaining spatial effects), and the second data processing apparatus being configured to obtain a virtualised version of the electronic file comprising the virtualised audio information (Fig 4 & ¶ [0039], spatial audio object saved in spatial audio library 402), wherein the virtualised version of the electronic file is converted into an audio format playable by the interface (Fig 4, preview matrix mixer 416 downmixes spatial audio for sound preview via user interface 406); and receive, from the second data processing apparatus via the application, the virtualised version of the electronic file (Fig 4 & ¶ [0040-0041], sound preview 420 played for user via user interface 406 accessed through user’s data processing system).
Eubank does not explicitly teach the use of a web browser.
Leischner teaches a web based spatial audio music player (See Leischner Abstract).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the web based spatial audio music player taught by Leischner with the data processing apparatus taught by Eubank. Doing so provides an easy to use spatial audio player accessible from anywhere as stated by Leischner (Abstract). This provides users with accessible, flexible, and collaborative features from any device connected to the internet.
Regarding claim 16, Eubank teaches a data processing method (Abstract) comprising: receiving, from a first data processing apparatus (Fig 1 & ¶ [0035], sound is recorded 102 using microphones of data processing systems and sent (received at server systems) for playback 104 being stored in audio library 402) via an interface of the first data processing apparatus interacting with an application hosted by a second data processing apparatus ¶ [0043-0044], server systems or cloud storage capable of storing spatial audio library 402), an electronic file comprising audio information encoded in a spatial audio format (¶ [0005], recorded or encoded audio data is stored as a spatial audio object using an ambisonics format) not playable by the interface (¶ [0005], spatial audio object contains multiple channels and in order to enable preview, the audio channels are subjected to a spatial audio downmixing meaning the spatial audio object is not in a playable state before downmixing); initiate virtualization of the received electronic file for virtualization of the audio information encoded in the spatial audio format (¶ [0005], the spatial audio object having channels associated with respective spatial distribution and subjected to spatial audio downmixing for aural preview) and obtain a virtualized version of the electronic file comprising the virtualized audio information (Fig 4 & ¶ [0039], spatial audio object saved in spatial audio library 402), wherein the electronic file comprising the virtualized audio information is made into an audio format playable by the interface Fig 4, preview matrix mixer 416 downmixes spatial audio for sound preview via user interface 406 by the virtualisation comprising changing a number of channels of the audio information to allow the interface to playback the virtualized version of the electronic file while retaining a spatial audio effect of the audio information (Fig 4 & ¶ [0041], user preview 420 allows user to experience downmixed spatial audio while maintaining spatial effects); and provide, via the application, the virtualised version of the electronic file (Fig 4 & ¶ [0040-0041], sound preview 420 played for user via user interface 406 accessed through user’s data processing system).
Eubank does not explicitly teach the use of a web browser.
Leischner teaches a web based spatial audio music player (See Leischner Abstract).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the web based spatial audio music player taught by Leischner with the data processing apparatus taught by Eubank. Doing so provides an easy to use spatial audio player accessible from anywhere as stated by Leischner (Abstract). This provides users with accessible, flexible, and collaborative features from any device connected to the internet.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eubank et al (US Pub No. 2020/0221248, hereinafter Eubank) in view of Leischner et al (Spatial Audio Music Player for Web 2021. In RoCHI (pp. 125-129) as applied to claims above, and further in view of Uhlich et al (WO 2021175735, hereinafter Uhlich).
Regarding claim 2, Eubank in view of Leischner teaches the data processing apparatus according to claim 1.
Eubank in view of Leischner does not explicitly teach wherein the spatial audio format is 360 reality audio.
Uhlich teaches a spatial audio format using 360 reality audio (See Uhlich page 8 lines 18-20, audio object may be encoded using 360 reality audio).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use 360 reality audio as taught by Uhlich with the audio transmission device taught by Eubank in view of Leischner. Doing so provides a natural and engaging listening experience with a wide compatibility of audio hardware.
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eubank et al (US Pub No. 2020/0221248, hereinafter Eubank) in view of Leischner et al (Spatial Audio Music Player for Web 2021. In RoCHI (pp. 125-129) as applied to claims above, and further in view of Stein et al (U.S. Pub No. 20170366913, hereinafter Stein).
Regarding claim 3, Eubank in view of Leischner teaches the data processing apparatus claim 1.
Eubank in view of Leischner does not explicitly teach wherein the electronic file is an MP4 file.
Stein teaches the use of MPEG formatting (See Stein ¶ [0053] lines 8-11, encoded or compressed using MPEG).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the MPEG formatting taught by Stein with the data processing apparatus taught by Eubank in view of Leischner. MPEG formatting is well known in the art and widely used due to its efficiency and versatility. This allows users to have both quality and flexibility when sending/receiving files.
Regarding claim 4, Eubank in view of Leischner teaches the data processing apparatus according to claim 1.
Eubank in view of Leischner does not explicitly teach wherein the electronic file is an MP3 file.
Stein teaches the use of MPEG formatting (See Stein ¶ [0053] lines 8-11, encoded or compressed using MPEG).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the MPEG formatting taught by Stein with the data processing apparatus taught by Eubank in view of Leischner. MPEG formatting is well known in the art and widely used due to its efficiency and versatility. This allows users to have both quality and flexibility when sending/receiving files.
Claim(s) 6-8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eubank et al (US Pub No. 2020/0221248, hereinafter Eubank) in view of Leischner et al (Spatial Audio Music Player for Web 2021. In RoCHI (pp. 125-129) as applied to claims above, and further in view of Roberts et al (U.S. Pub No. 20160234345, hereinafter Roberts).
Regarding claim 6, Eubank in view of Leischner teaches the data processing apparatus according to claim 5.
Eubank in view of Leischner does not explicitly teach wherein the one or more users are permissioned users and the virtualised version of the electronic file is accessible only to the one or more permissioned users.
Roberts teaches wherein the one or more users are permissioned users and the virtualised version of the electronic file is accessible only to the one or more permissioned users (See Roberts ¶ [0088], user permissions determining user access).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the user permissions taught by Roberts with the audio transmission device taught by Eubank in view of Leischner. The use of user permissions is well known in the art and provides several benefits when file sharing over the internet including security and setting role guidelines to prevent unwanted editing as described by Roberts in ¶ [0088].
Regarding claim 7, Eubank in view of Leischner teaches the data processing apparatus according to claim 5, wherein the circuitry is configured to: playback temporal timing information of the electronic file associated with the comment (Abstract, audio data channels associated with direction and location); and store, as metadata associated with the electronic file (Abstract, spatial audio object saved as a snapshot/thumbnail for preview playback).
Eubank in view of Leischner does not explicitly teach to receive, from the second data processing apparatus via the application, data indicating a comment about the electronic file the data indicating the comment and the playback temporal timing information such that the data indicating the comment and the playback temporal timing information is accessible to the one or more users.
Roberts teaches to receive, from the second data processing apparatus via the application, data indicating a comment about the electronic file (See Roberts ¶ [0055], commenting on audio files) the data indicating the comment and the playback temporal timing information such that the data indicating the comment and the playback temporal timing information is accessible to the one or more users (See Roberts ¶ [0088], user permissions determining user access).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the comments taught by Roberts with the audio transmission device taught by Eubank in view of Leischner. The ability to add comments when sharing and collaboratively working on a media file allows the users to communicate and get their thoughts across while not being in direct communication with those they are collaborating with.
Regarding claim 8, Eubank in view of Leischner and Roberts teaches the data processing apparatus according to claim 7, wherein the playback temporal timing information is a playback temporal position (¶ [0007], channel representing a location of a user facing a viewing position).
Regarding claim 12, Eubank in view of Leischner teaches the data processing apparatus according to claim 1.
Eubank in view of Leischner does not explicitly teach wherein the circuitry is configured to: provide, to the second data processing apparatus via the application, a virtualised version of each of a plurality of electronic files; receive, from the second data processing apparatus via the application, a selection of two or more of the plurality of virtualised electronic files; and provide, to the second data processing apparatus via the application, the selected two or more virtualised electronic files for sequential and repeating playback of the audio information of the selected two or more virtualised electronic files via the application.
Roberts teaches wherein the circuitry is configured to: provide, to the second data processing apparatus via the application, a virtualised version of each of a plurality of electronic files (See Roberts ¶ [0090] lines 1-6, peer-to-peer file transfer); receive, from the second data processing apparatus via the application, a selection of two or more of the plurality of virtualised electronic files (See Roberts Fig 11, playlist information and options 1103); and provide, to the second data processing apparatus via the application, the selected two or more virtualised electronic files for sequential and repeating playback of the audio information of the selected two or more virtualised electronic files via the application (See Roberts ¶ [0087], media transfer module 201 or server 100).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the media transfer and playlist information taught by Roberts with the audio transmission device taught by Eubank in view of Leischner. Media sharing and peer-to-peer transfer are well known in the art and provide many advantages including long distance media sharing, sharing without a central server, and collaboration.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eubank et al (U.S. Pub No., hereinafter Eubank) in view of Leischner et al (Spatial Audio Music Player for Web 2021. In RoCHI (pp. 125-129) and Roberts et al (U.S. Pub No. 20160234345, hereinafter Roberts) as applied to claims above, and further in view of Sharp et al (U.S. Pub No. 20180349362, hereinafter Sharp).
Regarding claim 10, Eubank in view of Leischner and Roberts teaches the data processing apparatus according to claim 7.
Eubank in view of Leischner and Roberts does not explicitly teach wherein the comment is associated with an identifier of a creator or editor of the comment indicated by the metadata and accessible to the one or more users for performing comment filtering.
Sharp teaches wherein the comment is associated with an identifier of a creator or editor of the comment indicated by the metadata and accessible to the one or more users for performing comment filtering (See Sharp ¶ [0061], metadata can include name of author).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the identifier as taught by Sharp with the audio transmission device taught by Eubank in view of Leischner and Roberts. Doing so allows for collaborative work to be identified and credited accordingly.
Claim(s) 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eubank et al (U.S. Pub No., hereinafter Eubank) in view of Leischner et al (Spatial Audio Music Player for Web 2021. In RoCHI (pp. 125-129) as applied to claims above, and further in view of Okvist et al (U.S. Pub No. 20220021994, hereinafter Okvist).
Regarding claim 11, Eubank in view of Leischner teaches the data processing apparatus according to claim 1, wherein the circuitry is configured to provide, to a plurality of second data processing apparatuses via the application (Fig 4 & ¶ [0043-0044], spatial audio library stored remotely on cloud on servers and accessible via data processing systems via user interface 406).
Eubank in view of Leischner does not explicitly teach synchronized playback of the audio information by a plurality of second data processing apparatuses.
Okvist teaches synchronized playback of audio information by a plurality of second data processing apparatuses (See Okvist ¶ [0003], AmpMe allows synchronized playback from web applications across multiple devices).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the synchronized playback taught by Okvist with the audio transmission device taught by Eubank in view of Leischner. Synchronized playback through multiple devices is well known in the art and provides benefits such as instant sharing, enhanced collaboration, and increased engagement.
Regarding claim 13, Eubank in view of Leischner teaches the data processing apparatus according to claim 1.
Eubank in view of Leischner does not explicitly teach wherein the circuitry is configured to provide, to a plurality of second data processing apparatuses via the application, the selected two or more virtualised electronic files for synchronised playback of the audio information by the plurality of second data processing apparatuses.
Okvist teaches wherein the circuitry is configured to provide, to a plurality of second data processing apparatuses via the application, the selected two or more virtualised electronic files for synchronised playback of the audio information by the plurality of second data processing apparatuses (See Okvist ¶ [0003], AmpMe allows synchronized playback from web applications across multiple devices).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the synchronized playback taught by Okvist with the audio transmission device taught by Eubank in view of Leischner. Synchronized playback through multiple devices is well known in the art and provides benefits such as instant sharing, enhanced collaboration, and increased engagement.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eubank et al (U.S. Pub No., hereinafter Eubank) in view of Leischner et al (Spatial Audio Music Player for Web 2021. In RoCHI (pp. 125-129) and Okvist et al (U.S. Pub No. 20220021994, hereinafter Okvist) as applied to claims above, and further in view of Roberts et al (U.S. Pub No. 20160234345, hereinafter Roberts).
Regarding claim 14, Eubank in view of Leischner and Okvist teaches the data processing apparatus according to claim 11, wherein the circuitry is configured to: provide, via the application and during the synchronised playback of the audio information See Okvist ¶ [0003], AmpMe allows synchronized playback from web applications across multiple devices).
Eubank in view of Leischner and Okvist does not explicitly teach to receive, from one of the plurality of second data processing apparatuses via the application, data indicating a comment about the electronic file; the data indicating the comment to each other second data processing apparatus of the plurality of second data processing apparatuses.
Roberts teaches to receive, from one of the plurality of second data processing apparatuses via the application, data indicating a comment about the electronic file (See Roberts ¶ [0055], commenting on audio files); the data indicating the comment to each other second data processing apparatus of the plurality of second data processing apparatuses (See Roberts Fig 11, comments 1104).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the comments taught by Roberts with the audio transmission device taught by Eubank in view of Leischner and Okvist. The ability to add comments when sharing and collaboratively working on a media file allows the users to communicate and get their thoughts across while not being in direct communication with those they are collaborating with.
Allowable Subject Matter
Claim 9 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.
Response to Arguments
Applicant’s arguments, see page 1 lines 1-4, filed 05/28/2026, with respect to claim 15 have been fully considered and are persuasive. The 35 U.S.C. § 112 of 03/25/2026 has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/T.M.L./Examiner, Art Unit 2694
/FAN S TSANG/Supervisory Patent Examiner, Art Unit 2694
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