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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1-4 and 7-22 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 10/031,411 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the similarities shown below.
While the current claims require an output sport, that would have been obvious to one of ordinary skill in the art in view of the speaker array of the reference claims as an obvious variant.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
18629537
19031411
A spatialized audio processor, comprising: an input port configured to receive an audio signal; at least one automated processor, configured to: determine a spatial relationship between a listener's ears and a real speaker array comprising a plurality of emissive elements; spatially filter the received audio signal to generate a virtual spatial array of virtual audio signals representing spatialized audio, having a larger number of virtual audio signals than a number of the emissive elements of the real speaker array; predict an audible distortion of the audio signal represented in the transducer signals; selectively alter a delay of at least one virtual audio signal dependent on the predicted audible distortion; and map the virtual audio signals to respective emissive elements of the real speaker array, comprising control over an amplitude and the delay of at least a subset of the plurality of the virtual audio signals to respective emissive elements of the real speaker array, to produce transducer signals; and an output port configured to convey the transducer signals for the plurality of emissive elements.
1. A spatialized audio processor, comprising: at least one automated processor, configured to: determine a spatial relationship between a listener's ears and a real speaker array comprising a plurality of emissive elements; spatially filter a received audio signal to generate a virtual spatial array of virtual audio signals representing spatialized audio, having a larger number of virtual audio signals than a number of the emissive elements of the real speaker array; and map the virtual audio signals to respective emissive elements of the real speaker array, comprising control over an amplitude and delay of at least a subset of the plurality of the virtual audio signals to respective emissive elements of the real speaker array, to produce transducer signals; and a speaker array comprising the plurality of emissive elements.
6. The spatial audio processor according to claim 5, wherein the at least one automated processor is further configured to selectively alter the delay of at least one virtual audio signal dependent on the predicted audible distortion.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Claims 1-4 and 7-22 would be allowable if the nonstatutory double patenting rejection were overcome.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kile Blair whose telephone number is (571)270-3544. The examiner can normally be reached M-F.
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/KILE O BLAIR/Primary Examiner, Art Unit 2691
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