DETAILED ACTION
In the response to this office action, the examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the examiner in prosecuting this application.
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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Figure 21 shows S186 and S187 not mentioned in the description.
Figure 23 shows S224 and S228 not mentioned in the description.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: AUDIO OBJECT POSITION DETERMINATION BASED ON REFERENCE VIEWPOINTS.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or 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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or 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 claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light 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 commonly referred to as a 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.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) 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 structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) 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(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) 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 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 presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are 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. 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 more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) 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 without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a listener position information acquisition unit” of claim 1;
“a viewpoint selection unit” of claim 1;
“a reference viewpoint information acquisition unit” of claim 1;
“an object position calculation unit” of claim 1;
“a rendering processing unit” of claim 3.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) 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(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the 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(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 uses the language “a viewpoint selection unit that selects, from among a plurality of reference viewpoints, a plurality of the reference viewpoints forming a region including the listening position at a predetermined time” which is unclear. It is impossible to tell which group the subsequent mentions of “the plurality of reference viewpoints” is referring to. It is suggested to make the entire group of viewpoints a “plurality of reference viewpoints” (as previous) and the selected group of viewpoints a “plurality of selected reference viewpoints”. Perhaps this portion could be as:
“a viewpoint selection unit that selects a plurality of selected reference viewpoints, from among a plurality of reference viewpoints, forming a region including the listening position at a predetermined time”.
Claims 17 and 18 are rejected in an analogous manner.
Claims 2-16 are rejected as inheriting the problems as above.
Regarding claims 2-16, there are several mentions of “the plurality of reference viewpoints”. Clarification needs to be made, since some of these refer to the entire group of viewpoints, and some the selected group of viewpoints.
Claim 1 recites the limitation "the object position of the listening position" in the 7th indent. There is insufficient antecedent basis for this limitation in the claim.
Claims 17 and 18 are rejected in an analogous manner.
Claims 2-16 are rejected as inheriting the problems as above.
Claim 1 refers to “the plurality of the reference viewpoints forming the region including the listening position at the different time” which is unclear. No rules are given for forming regions and region of “the listening position at the different time” is previously mentioned.
Claims 17 and 18 are rejected in an analogous manner.
Claims 2-16 are rejected as inheriting the problems as above.
Regarding claim 2, the claim states “wherein the reference viewpoint is a viewpoint set in advance by a content creator”. It is unclear which viewpoint “the reference view point” refers to.
Claim 5 recites the limitation "the different times". There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the two reference viewpoints sandwiching the listening position”. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "the three reference viewpoints surrounding the listening position”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is to a program which is not a process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.
Allowable Subject Matter
Claims 1-17 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 17, the claim as a whole is not obvious over the closest prior art, such as Suenaga et al. (US 20200280815 A1), Tsuji et al. (US 20200053499 A1), Usami et al. (US 20120213391 A1), and Usami et al. (US 20120020481 A1). None of the closest prior art expressly teaches or reasonably suggests, “an information processing method of an information processing device, the information processing method comprising:
…
acquiring viewpoint position information of the plurality of the reference viewpoints, and object position information of an object of the reference viewpoint for each of the plurality of the reference viewpoints; and
in a case where, at a time different from the predetermined time, the listening position is out of the region including the listening position at the predetermined time,
calculating position information of the object of the listening position on a basis of the object position information of the plurality of the reference viewpoints forming the region including the listening position at the different time, or outputting the position information of the object of the listening position obtained last“, in combination with the rest of the limitations of the claim, in a manner as claimed.
Independent claim 1 would be allowed for the same reasons as claim 17.
Dependent claims 2-16 would be allowed because they contain all the limitations of independent 1 claim as above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Suenaga et al. (US 20200280815 A1), Tsuji et al. (US 20200053499 A1), Usami et al. (US 20120213391 A1), and Usami et al. (US 20120020481 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JOHN SUTHERS whose telephone number is (571)272-0563. The examiner can normally be reached M-F, 8 am -5 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached at 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS J SUTHERS/ Examiner, Art Unit 2695
/VIVIAN C CHIN/ Supervisory Patent Examiner, Art Unit 2695