DETAILED ACTION
This action is in response to communications filed 5/21/2026:
Claims 1-10, 12-19, and 23-26 are pending
Claims 11 and 20-22 are cancelled
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
Applicant's arguments filed 5/21/2026 have been fully considered but they are not persuasive.
Applicant argues that Marculescu fails to disclose that the “compensation metadata” comprises information defining level changes to be applied to the spatial audio signal (remarks, pgs. 7-8).
The Examiner respectfully disagrees. Marculescu, ¶61, discloses that the pose metadata “may include image data, motion data, or acceleration data indicative of changes in the pose of the user or wearable device during a given time period, or one or more derivations thereof… pose metadata may also include timestamps and time synchronization information between the wearable device and one or more other device…For example, each entry of image data, motion data, audio data, or acceleration data may include a timestamp that indicates a time at which the associated data entry was sampled by a corresponding sensor of the device that generated the pose metadata. Less delay between the capture of pose metadata, the rendering of spatial audio data, and the reproduction of the spatial audio data improves the accuracy of the reproduction of the spatial audio data. This is because the accurate reproduction of the spatial audio depends upon the accuracy of the pose used to render the spatial audio data with respect to the actual pose at the time of spatial audio reproduction….” Further, ¶64-65 recites “…the global spatial audio transform Taudio-source-global may be included in or derived from audio pose metadata that is included in the spatial audio data.” Further, ¶70 discloses “…the processor 204 updates the pose estimate and refines the spatial audio data based on the second pose metadata. When refining the spatial audio data, the processor 204 can change the Left-Right speaker strengths (e.g., the respective volumes at which sound is produced by a left speaker and a right speaker of the speakers 210 of the wearable device 104, which the processor 204 may modify via control of the amplitude of audio signals provided to the left speaker and the right speaker or control of gain applied thereto)…” Based on the above teachings of Marculescu, it would appear that the claim recitation of “compensation metadata comprises information defining level changes to be applied to the spatial audio signal” is satisfied.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claim(s) 1-10, 12-19, and 23-26 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Marculescu et al (US20220279303, hereinafter “Marculescu”).
Regarding claim 1, Marculescu teaches an apparatus for rendering (abstract, apparatus), comprising:
at least one processor (Fig. 1, smartphone and wearable has a processor); and
at least one memory storing instructions that, when executed with the at least one processor (Fig. 1, smartphone and wearable has computer memory storing computer instructions), cause the apparatus at least to:
receive one or more audio input signals (Fig. 1, smartphone and wearable able to receive audio/video data);
receive information indicative of a user head position (Fig. 6, ¶61, wearable capable of generating motion and acceleration data indicative of a user’s pose estimate including head position);
process the received one or more audio input signals to obtain a spatial audio signal based on the user head position (Fig. 6, modifying audio for the user with respect to a user’s pose including head position to create spatial audio output);
obtain compensation metadata wherein the compensation metadata comprises information defining level changes to be applied to the spatial audio signal to account for a change in the user head position (Fig. 6, pose metadata is obtained and used to modify audio output in accordance with a user’s change in pose and head position; ¶70, the pose metadata is used to refine the spatial audio data which can include updating the gain to be applied to the output signals); and
enable the compensation metadata to be used to adjust the spatial audio signal to account for at least one change in the user head position (Fig. 6, pose metadata is obtained and used to modify audio output in accordance with a user’s change in pose and head position).
Regarding claim 2, Marculescu teaches wherein the compensation metadata comprises information indicating the user head position on which the spatial audio signal is based (¶76, pose metadata is modified in accordance with a user’s pose including head movement and orientation).
Regarding claim 3, Marculescu teaches wherein the instructions, when executed with the at least one processor, cause the apparatus to enable the compensation metadata to be transmitted with the spatial audio signal for playback with a playback apparatus (Fig. 5, pose metadata is transmitted for playback audio to enable a modified audio playback).
Regarding claim 4, Marculescu teaches wherein the spatial audio signal comprises a binaural signal (¶74, binaural output signals).
Regarding claim 5, Marculescu teaches wherein the compensation metadata comprises information indicating how one or more spatial features of the spatial audio signals are to be adjusted to account for a difference in the user head position compared to the user head position on which the spatial audio signal is based (Fig. 5, generating an initial pose metadata and modifying the initial metadata in accordance with a user’s change in their pose including head position; ¶60, HRTF techniques require head position and includes one or more parameters to adjust the spatial audio output).
Regarding claim 6, Marculescu teaches wherein the compensation metadata comprises instructions to a playback apparatus that, when executed with the at least one processor, cause the apparatus to enable the adjustments to the spatial audio to be performed with the playback apparatus (Fig. 5, pose metadata is transmitted and updated between a user’s smartphone and a wearable apparatus for spatial audio playback).
Regarding claim 7, Marculescu teaches wherein the adjustments to the spatial audio signal that are enabled with the compensation metadata require fewer computational resources than the processing of the audio input signals to provide the spatial audio signal (¶61, Fig. 5, splitting up the task of estimating a user’s pose between a user’s smartphone and wearable device enables not only less delay between the capture of pose metadata but increases accuracy on spatial audio reproduction while also alleviating a computational strain if only a single device was used to compute the pose metadata).
Regarding claim 8, Marculescu teaches wherein the instructions, when executed with the at least one processor, enable a lag in processing of at least one of the audio signals or transmission of the audio signals to be accounted for (¶61, less delay between capture of pose metadata implies that there is a delay in the capture of pose metadata and thus a delay in transmitting of pose metadata and also a delay in processing of spatial audio in accordance with the pose metadata).
Regarding claim 9, Marculescu teach wherein the instructions, when executed with the at least one processor, enable at least one of an error in a predicted head position to be accounted for or minor corrections to be made to the spatial audio signal (Fig. 5, updated pose estimate allows for refining of spatial audio).
Regarding claim 10, it is rejected similarly as claim 1. The method can be found in Marculescu (¶4, method).
Regarding claims 12-13, they are rejected similarly as claims 1-2, respectively. The playback device can be found in Marculescu (Fig. 1, playback apparatus).
Regarding claims 14-15, they are rejected similarly as claims 4 and 6, respectively. The playback device can be found in Marculescu (Fig. 1, playback apparatus).
Regarding claim 16, Marculescu teaches comprising one or more sensors configured to determine the user head position (¶10, sensors to track user’s pose including head position).
Regarding claim 17, Marculescu teaches wherein the instructions, when executed with the at least one processor, cause the apparatus to provide information indicative of a user head position to a rendering device (Fig. 5, pose metadata is transmitted to a rendering device (e.g. smartphone) and then sent to a playback device (e.g. wearable)).
Regarding claim 18, Marculescu teaches wherein the user head position comprises an angular orientation of at least one of the user's head or a location of the user (¶83, tracking a user’s pose includes head and body position; ¶61, user’s pose may also include orientation data).
Regarding claims 19 and 23, they are rejected similarly as claims 12-13, respectively. The method can be found in Marculescu (¶4, method).
Regarding claim 24, it is rejected similarly as claim 17. The method can be found in Marculescu (¶4, method).
Regarding claim 25, it is rejected similarly as claim 10. The storage device can be found in Marculescu (¶134, storage medium).
Regarding claim 26, it is rejected similarly as claim 19. The storage device can be found in Marculescu (¶134, storage medium).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of References Cited for a listing of analogous art.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIN ZHU whose telephone number is (571)270-1304. The examiner can normally be reached on Monday-Thursday 6AM-4PM EST.
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/QIN ZHU/Primary Examiner, Art Unit 2691
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