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 .
Response to Amendment
1. The amendment filed May 15, 2026 has been entered. Claims 1-8, 10-21 are pending in the application. Claim 9 has been cancelled.
Claim Rejections - 35 USC § 103
2. 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 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.
3. Claim(s) 1-8, 10-13, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Reuss (U.S. Pub. No. 2016/0150346 A1) in view of Aoki et al. (Japanese Pub. No. JP 2015041842 A, hereinafter "Aoki"), and further in view of Giron et al. (U.S. Pub. No. 2022/0182776 A1, hereinafter "Giron").
Regarding Claim 1, Reuss a computer-implemented method (method as shown in Fig. 8, see also Para. [0097]), comprising:
determining, by a computing device (computing device 600, Fig. 7, Paras. [0091]-[0096]), a loudspeaker position of a loudspeaker in a listening environment (loudspeaker position [i.e. speaker positions 120-1 - 120-5] is determined at S2, Fig. 8, Para. [0098]);
determining a target speaker position within the listening environment (target speaker position [i.e. the virtual positions 110-1 - 110-5] is determined at S2, Fig. 8, Para. [0098]);
retrieving an audio signal (multi-channel audio 211 is received, Fig. 8, Para. [0097]);
computing a distance between the loudspeaker position and the target speaker position (distance 180 between loudspeaker position and target speaker position is computed in determining control instructions 215, Paras. [0074], [0076], and [0099]);
generating a modified audio signal (modified audio signal is generated by control instructions 215 and the target speaker position 110-1 - 110-5 are emulated by routing the channels of the multi-channel audio data to the output channels based on the control instruction, Para. [0074]), wherein an amplitude of the modified audio signal is based on (i) the audio signal, (ii) the distance (the routing based on the control instructions can include setting the amplitude with which the given channel is routed to each one the speakers, Para. [0075]; amplitude of the modified audio is based on the multi-channel audio data and distance 180, Paras. [0074]-[0076]); and
transmitting the modified audio signal to the loudspeaker (modified audio signal are routed to the output channels 291-1 - 291-5 based on the control instructions 215, Figs. 7 and 8, Para. [0100]).
Reuss fails to explicitly teach selecting, by the computing device based on the distance, a function, from a set of two or more candidate functions, as a distance attenuation function,
wherein the set of two or more candidate functions are stored in the computing device;
generating a modified audio signal, wherein an amplitude of the modified audio signal is based on (i) the audio signal, (ii) the distance, and (iii) the distance attenuation function; and transmitting the modified audio signal to the loudspeaker.
However, Aoki teaches selecting, by the computing device (audio signal processing device 20, Fig. 3, Para. [0016]) based on the distance, a function, from a set of two or more candidate functions, as a distance attenuation function (If the control unit 210 determines that the listening position Pl has moved from the reference position (Fig. 14: Step S4; YES), it calculates the distance from each speaker to the listening position Pl and identifies the speaker that is closest to the listening position Pl. In the example shown in Fig. 6, the control unit 210 determines that speaker SP2 is the speaker closest to the listening position Plp, and refers to table TBL1 stored in memory 230 to determine the coefficient [distance attenuation function] to select, Para. [0048]),
wherein the set of two or more candidate functions are stored in the computing device (memory 230 pre-stores the table TBL1. Table TBL1 is a table that stores data representing the relationship between the viewing position and the selected coefficient part, Fig. 4, Para. [0024]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method (as taught by Reuss) to include the selection of a distance attenuation function from multiple candidate functions stored in the computing device (as taught by Aoki). Doing so, the overall sense of spaciousness can be maintained at the listening position (Aoki Para. [0007]).
However, Giron teaches generating a modified audio signal, wherein an amplitude of the modified audio signal is based on (i) the audio signal, (ii) the distance, and (iii) a distance attenuation function (controlled output of loudspeaker [i.e. modified audio signal] is dependent on spread factor for the loudspeaker. The spread factor depends on a distance of the virtual sound source [i.e. the target speaker] to the loudspeaker of loudspeaker arrangement. The spread factor is determined according a non-linear function [ie. the distance attenuation function] and the spread factor is used to adjust a gain of the loudspeaker, Paras. [0057], [0071], and [0141]-[0143]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method (as taught by Reuss in view of Aoki) to include the amplitude of the modified audio signal based on audio signal, the distance and a distance attenuation function (as taught by Giron). Doing so leads to an improved sound impression of a listener (Giron Para. [0049]).
Regarding Claim 2, Reuss in view of Aoki, and further in view of Giron teach further comprising:
determining a plurality of audio channels for reproduction (Reuss, the multi-channel audio data 211 for reproduction includes the plurality of channels 210-1 - 210-4, Para. [0097]);
determining, based on the plurality of audio channels, a plurality of target speaker positions, the plurality of target speaker positions including the target speaker position (Reuss, target speaker positions 110-1 - 110-5 are determined for the channels 210-1 - 210-4, Para. 0098]); and
computing, for each target speaker position included in the plurality of target speaker positions, a distance between the loudspeaker position and the target speaker position (Reuss, distance 180 is computed between each target speaker position 110-1 - 110-5 and loudspeaker positions 120-1 - 120-5, Para. [0074]).
Regarding Claim 3, Reuss in view of Aoki, and further in view of Giron teach teaches wherein:
retrieving the audio signal comprises retrieving a set of audio channel signals corresponding to the plurality of audio channels (Reuss, the multi-channel audio data 211 for reproduction includes the plurality of channels 210-1 - 210-4, Para. [0097]); and
generating the modified audio signal comprises:
generating, for each audio channel signal, a modified audio channel signal (Reuss, a modified audio channel signal is generated for each audio signal of the multi-channel audio data based on the control instructions, Para. [0074]), wherein an amplitude of the modified audio channel signal is based on (i) the audio channel, (ii) the distance (Reuss, amplitude of the modified audio is based on the multi-channel audio data and distance 180, Paras. [0074]-[0076]), and (iii) the distance attenuation function (Giron, controlled output of loudspeaker [i.e. modified audio signal] is dependent on spread factor for the loudspeaker. The spread factor depends on a distance of the virtual sound source [i.e. the target speaker] to the loudspeaker of loudspeaker arrangement. The spread factor is determined according a non-linear function [ie. the distance attenuation function] and the spread factor is used to adjust a gain of the loudspeaker, Para. [0141]-[0143]), and
combining each modified audio channel signal to generate the modified audio signal (Reuss, each modified audio channel signal can be mixed to a given output channel 291-1 [i.e. the modified audio signal], Fig. 2C, Paras. [0078] and [0079]).
Regarding Claim 4, Reuss in view of Aoki, and further in view of Giron teach wherein:
retrieving the audio signal comprises retrieving a set of audio channel signals corresponding to the plurality of audio channels (Reuss, the multi-channel audio data 211 for reproduction includes the plurality of channels 210-1 - 210-4, Para. [0097]);
generating the modified audio signal comprises generating, for each audio channel signal, a modified audio channel signal (Reuss, a modified audio channel signal is generated for each audio signal of the multi-channel audio data based on the control instructions, Para. [0074]), wherein an amplitude of the modified audio channel signal is based on (i) the audio channel signal, (ii) the distance (Reuss, amplitude of the modified audio is based on the multi-channel audio data and distance 180, Paras. [0074]-[0076]), and (iii) the distance attenuation function (Giron, controlled output of loudspeaker [i.e. modified audio signal] is dependent on spread factor for the loudspeaker. The spread factor depends on a distance of the virtual sound source [i.e. the target speaker] to the loudspeaker of loudspeaker arrangement. The spread factor is determined according a non-linear function [ie. the distance attenuation function] and the spread factor is used to adjust a gain of the loudspeaker, Para. [0141]-[0143]); and
transmitting the modified audio signal comprises transmitting each audio modified audio channel signal (Reuss, each modified audio signal are routed to the output channels 291-1 - 291-5 based on the control instructions 215, Figs. 7 and 8, Para. [0100]).
Regarding Claim 5, Reuss in view of Aoki, and further in view of Giron teach further comprising:
retrieving audio channel information associated with the audio signal (Reuss, target speaker position [i.e. the virtual positions 110-1 - 110-5] for the multi-channel audio signal 210-1 - 210-4 are received, Fig. 8, Para. [0098]),
wherein the audio channel information indicates the target speaker position (Reuss, target speaker position [i.e. the virtual positions 110-1 - 110-5] for the multi-channel audio signal 210-1 - 210-4 are received, Fig. 8, Para. [0098]).
Regarding Claim 6, Reuss in view of Aoki, and further in view of Giron teach wherein determining the target speaker position comprises:
identifying a reference point in the listening environment (Reuss, listening position 150, Figs. 1, and 3-6, Para. [0071]);
determining a front direction relative to the reference point (Reuss, front direction relative to the reference point 150 is determined by the orientation arrow, Figs. 1, and 3-6, Para. [0071]); and
selecting, based on the front direction, the target speaker position (Reuss, target speaker positions 110-1, 110-2 are selected for front loudspeaker positions 120-3, 120-4, Fig. 6, Para. [0088]).
Regarding Claim 7, Reuss in view of Aoki, and further in view of Giron teach wherein determining the target speaker position comprises:
determining a sphere that circumscribes at least the loudspeaker and one or more additional loudspeakers (Reuss, sphere defined by radial distance 320 circumscribes the loudspeakers at positions 120-1 - 120-5, Figs. 1 and 3-6 Para. [0082]); and
selecting a position on a surface of the sphere as the target speaker position (Reuss, target speaker positions 110-1 - 110-5 can be seen to be selected on the surface of the sphere formed by radial distance 320, Figs. 1 and 3-6).
Regarding Claim 8, Reuss in view of Aoki, and further in view of Giron teach wherein the target speaker position is based on a first position of a listener (Reuss, target speaker positions 110-1 - 110-5 are based on a first listener position 150, Fig. 1, Para. [0073]), and further comprising:
tracking the listener from the first position to a second position (Reuss, listener is tracked from first position 150 to second position 350, Fig. 3, Para. [0080]); and
updating the target speaker position based on the second position (Reuss, target speaker positions 110-1 - 110-5 are updated based on second position 350, Fig. 4, Para. [0081]).
Regarding Claim 10, Reuss in view of Aoki, and further in view of Giron teach wherein:
the loudspeaker position includes a location and an orientation (Giron, in determining loudspeaker spread factor the loudspeaker location and orientation are determined, Para. [0029]); and
the amplitude of the modified audio signal is further based on the orientation of the loudspeaker relative to the target speaker position (Giron, controlled output of loudspeaker [i.e. modified audio signal] is dependent on spread factor for the loudspeaker. The spread factor depends on a distance of the virtual sound source [i.e. the target speaker] to the loudspeaker of loudspeaker arrangement. The spread factor is determined according a non-linear function [ie. the distance attenuation function] and the spread factor is used to adjust a gain of the loudspeaker, Para. [0141]-[0143]; since spread factor determination also includes orientation of the loudspeaker, therefore the amplitude of the modified audio signal will also be based on the orientation of the loudspeaker relative to the target speaker position).
Regarding Claim 11, Reuss in view of Aoki, and further in view of Giron teach wherein the set of candidate functions (Aoki, in the table TBL1, the coefficients selected when speaker SP2 is closest to the listening position Plp are coefficients 403, 404, and 405, Fig. 4, Para. [0048]) includes at least two or more of: a linear function, a linear-squared function, or an inverse function (Reuss, the spread factor depends on a distance of the virtual sound source [i.e. the target speaker] to the loudspeaker of loudspeaker arrangement. The spread factor is determined according a non-linear function [ie. linear-square function], Para. [0141]-[0143]).
Regarding Claim 12, Reuss in view of Aoki, and further in view of Giron teach further comprising:
determining, for each additional loudspeaker of one or more additional loudspeakers in the listening environment, an additional loudspeaker position (Reuss, loudspeaker speaker positions 120-1, 120-2, 120-3 are determined, Fig. 2A, Paras. [0075], [0076], and [0098]); and
for each additional loudspeaker of the one or more additional loudspeakers:
computing an additional distance between the additional loudspeaker position and the target speaker position (Reuss, additional distance 180 is computed between additional loudspeaker positions 120-1, 120-2, 120-3 and the target speaker position 110-1, Fig. 2A, Paras. [0075] and [0076]),
selecting, based on the additional distance, an additional function, from the set of two or more candidate functions stored in the computing device, as an additional distance attenuation function (Aoki, control unit 210 calculates the distance from each speaker to the listening position Plp and identifies the speaker that is closest to the listening position Plp. If the control unit 210 determines that speaker SP4 and speaker SP3 are the speakers closest to the listening position Plp, the control unit 210 refers to table TBL1 stored in memory230 to determine the coefficient to select. In the table TBL1, the coefficients selected when speaker SP4 and speaker SP3 are the speakers closest to the listening position Plp are coefficients 406 and 409, Figs. 4 and 11, Para. [0082]);
generating an additional modified audio signal, wherein an amplitude of the additional modified audio signal is based on (i) the audio signal, (ii) the additional distance (Reuss, additional modified audio signals are generated using the control instruction based on the multi-channel audio data and additional distances 180, Fig. 2A, Paras. [0075] and [0076]), and (iii) the distance attenuation function (Giron, controlled output of loudspeaker [i.e. modified audio signal] is dependent on spread factor for the loudspeaker. The spread factor depends on a distance of the virtual sound source [i.e. the target speaker] to the loudspeaker of loudspeaker arrangement. The spread factor is determined according a non-linear function [ie. the distance attenuation function] and the spread factor is used to adjust a gain of the loudspeaker, Para. [0141]-[0143]); and
transmitting the additional modified audio signal to the additional loudspeaker (Reuss, the additional modified audio signals are routed to the additional loudspeaker 120-1 - 120-3, Fig. 2A, Paras. [0075] and [0076]).
Regarding Claim 13, it is similarly rejected as Claim 1. The non-transitory computer-readable media is found in Reuss (Fig. 7, Para. [0091] and [0092]).
Regarding Claim 16, it is similarly rejected as Claim 2. The non-transitory computer-readable media is found in Reuss (Fig. 7, Para. [0091] and [0092]).
Regarding Claim 17, it is similarly rejected as Claim 11. The non-transitory computer-readable media is found in Reuss (Fig. 7, Para. [0091] and [0092]).
Regarding Claim 18, it is similarly rejected as Claims 5 and 6. The non-transitory computer-readable media is found in Reuss (Fig. 7, Para. [0091] and [0092]).
Regarding Claim 19, it is similarly rejected as Claim 1. The system is found in Reuss (system 600, Fig. 7, Para. [0091] and [0092]).
Regarding Claim 20, it is similarly rejected as Claim 2. The system is found in Reuss (system 600, Fig. 7, Para. [0091] and [0092]).
4. Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Reuss (U.S. Pub. No. 2016/0150346 A1) in view of Aoki et al. (Japanese Pub. No. JP 2015041842 A, hereinafter "Aoki") in view of Giron et al. (U.S. Pub. No. 2022/0182776 A1, hereinafter "Giron"), and further in view of Fuchs et al. (U.S. Pub. No. 2020/0265851 A1, hereinafter "Fuchs").
Regarding Claim 14, Reuss in view of Aoki, and further in view of Giron teach a virtual listening environment corresponding to the listening environment (Reuss, virtual stage, Fig. 3, Para. [0080]).
Reuss in view of Aoki, and further in view of Giron fails to explicitly teach further comprising:
generating, in a virtual listening environment corresponding to the listening environment, one or more virtual microphones, wherein:
each virtual microphone corresponds to a loudspeaker of the one or more loudspeakers, and
each virtual microphone is at a microphone position within the virtual environment corresponding to the loudspeaker position within the listening environment.
However, Fuchs teaches further comprising:
generating, in a virtual listening environment corresponding to the listening environment, one or more virtual microphones, wherein:
each virtual microphone corresponds to a loudspeaker of the one or more loudspeakers (virtual microphone processing block 421 is applied, where the virtual microphones correspond to, for example, loudspeaker positions of a 5.1 loudspeaker setup, Fig. 10b, Para. [0012]), and
each virtual microphone is at a microphone position within the virtual environment corresponding to the loudspeaker position within the listening environment (virtual microphone processing block 421 is applied, where the virtual microphones correspond to, for example, loudspeaker positions of a 5.1 loudspeaker setup, Fig. 10b, Para. [0012]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the steps (as taught by Reuss in view of Aoki, and further in view of Giron) to include the virtual microphones corresponding to the loudspeaker position within the listening environment (as taught by Fuchs). Doing so leads to a more accurate and convincing spatial image for the listener.
5. Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Reuss (U.S. Pub. No. 2016/0150346 A1) in view of Aoki et al. (Japanese Pub. No. JP 2015041842 A, hereinafter "Aoki") in view of Giron et al. (U.S. Pub. No. 2022/0182776 A1, hereinafter "Giron") in view of Fuchs et al. (U.S. Pub. No. 2020/0265851 A1, hereinafter "Fuchs"), and further in view of Goudarzi (Coherence Based Reflection Coefficient Estimation).
Regarding Claim 15, Reuss in view of Aoki in view of Giron, and further in view of Fuchs teach the steps further comprising generating, within the virtual listening environment, a virtual audio emitter (Reuss, emulation of virtual positions 110-1 - 110-5, Fig. 1, Para. [0072] and [0073]; the virtual positions of the speakers correspond to positions where a virtual speaker corresponding to the associated channel of the multi-channel audio data is audibly perceived by a user, Para. [0067]), wherein:
the virtual audio emitter is at a position within the virtual environment corresponding to the target speaker position within the listening environment (Reuss, the virtual positions of the speakers correspond to positions where a virtual speaker corresponding to the associated channel of the multi-channel audio data is audibly perceived by a user, Para. [0067]).
Reuss in view of Aoki in view of Giron, and further in view of Fuchs fails to explicitly teach computing the distance comprises computing a distance between a virtual microphone of the one or more virtual microphones and the virtual audio emitter.
However, Goudarzi teaches computing a distance between a virtual microphone of the one or more virtual microphones and the virtual audio emitter (distance d1 between a virtual microphone and virtual speaker is calculated, Fig. 3, Pg 70, Col. 2, Para. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the steps (as taught by Reuss in view of Aoki in view of Giron, and further in view of Fuchs) to include calculating the distance between a virtual microphone and the virtual audio emitter (as taught by Goudarzi). Doing so enables accurate modelling of how sound propagates in a physical space.
6. Claim(s) 21 is rejected under 35 U.S.C. 103 as being unpatentable over Reuss (U.S. Pub. No. 2016/0150346 A1) in view of Aoki et al. (Japanese Pub. No. JP 2015041842 A, hereinafter "Aoki") in view of Giron et al. (U.S. Pub. No. 2022/0182776 A1, hereinafter "Giron"), and further in view of Evans et al. (U.S. Pub. No. 2019/0387299 A1, hereinafter "Evans").
Regarding Claim 21, Reuss in view of Aoki in view of Giron fail to explicitly teach wherein the distance attenuation function is a piecewise function that:
applies a first function to an amplitude of the audio signal when the distance is below a minimum threshold distance;
applies a second function to the amplitude of the audio signal when the distance is within a range between the minimum threshold distance and a maximum threshold distance; and
applies a third function to the amplitude of the audio signal when the distance is above the maximum threshold distance.
However, Aoki teaches a piecewise distance attenuation function by applying different functions at different distance to adjust the volume as shown in Figs. 6-13, Paras. [0046]-[0061]).
However, Evans teaches applies a first function to an amplitude of the audio signal when the distance is below a minimum threshold distance (in a fourth operation 740, based on the position of the detachable speaker unit 132 relative to the head-mounted display unit 110 being in close proximity (e.g., below the second threshold distance to the zero distance) and reducing to the zero distance, the volume 118v of the HMD speaker 118 is reduced to zero and the volume 132v of the detachable speaker unit 132 is reduced slightly to a non-zero value. The controller 150 may cause audio signals and/or power to be sent to the HMD speaker 118 to output the sound therefrom, Figs. 7A, and 7B, Para. [0108]);
applies a second function to the amplitude of the audio signal when the distance is within a range between the minimum threshold distance and a maximum threshold distance (in a third operation 730, based on the position of the detachable speaker unit 132 relative to the head-mounted display unit 110 being in intermediate range (e.g., below the threshold distance and above a second threshold) and reducing, the volume 118v of the HMD speaker 118 is reduced, while the volume 132v of the detachable speaker unit 132 is simultaneously increased. The controller 150 may cause audio signals and/or power to be sent to the HMD speaker 118 and the detachable speaker unit 132, Figs. 7A, and 7B, Para. [0107]); and
applies a third function to the amplitude of the audio signal when the distance is above the maximum threshold distance (in a second operation 720, based on the position of the detachable speaker unit 132 relative to the head-mounted display unit 110 being relatively far (e.g., greater than a threshold distance), the HMD speaker 118 outputs sounds (i.e., the volume 118v is greater than zero), while the detachable speaker unit 132 outputs no sound (i.e., the volume 132v is zero). The controller 150 may cause audio signals and/or power to be sent to the HMD speaker 118 to output the sound therefrom, Figs. 7A, and 7B, Para. [0106]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the steps (as taught by Reuss in view of Aoki, and further in view of Giron) to include the application of the first, second and third function based on distance being below, within or above the threshold (as taught by Evans). Doing so provides balance acoustic realism with user experience across different zones.
Response to Arguments
7. Applicant’s arguments, see applicant’s remark pages 9-12, filed May 15, 2026, with respect to the rejection(s) of claim(s) 1, 13, and 19 under 35 U.S.C. 103 as being unpatentable over Reuss in view of Kaulavik, and further in view of Giron have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the amendments made to Claims 1, 13, and 19 under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki, and further in view of Giron.
Aoki teaches selecting by a computing device a function from a set of two or more candidate functions stored in the computing device as a distance attenuation function based on distance.
The rejections of Claims 1, 13, and 19 under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki, and further in view of Giron are maintained.
Dependent Claims 2-8, 10-12, and 16-18, and 20 are rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki, and further in view of Giron.
The rejections of Claims 2-8, 10-12, and 16-18, and 20 under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki, and further in view of Giron are maintained.
Dependent Claim 14 is rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki in view of Giron, and further in view of Fuchs.
The rejections of Claim 14 under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki in view of Giron, and further in view of Fuchs are maintained.
Dependent Claim 15 is rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki in view of Giron in view of Fuchs, and further in view of Goudarzi.
The rejections of Claim 15 under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki in view of Giron in view of Fuchs, and further in view of Goudarzi are maintained.
Dependent Claim 21 is rejected on a new ground of rejection under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki in view of Giron, and further in view of Evans.
The rejections of Claim 21 under 35 U.S.C. 103 as being unpatentable over Reuss in view of Aoki in view of Giron, and further in view of Evans are maintained.
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.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHIMEZIE E BEKEE whose telephone number is (571)272-0202. The examiner can normally be reached M-F 7.30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Duc Nguyen can be reached at 571-272-7503. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHIMEZIE EZERIWE BEKEE/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
