Prosecution Insights
Last updated: April 19, 2026
Application No. 18/636,350

BITSTREAM REPRESENTING AUDIO IN AN ENVIRONMENT

Non-Final OA §103§DP
Filed
Apr 16, 2024
Examiner
NGUYEN, QUYNH H
Art Unit
2693
Tech Center
2600 — Communications
Assignee
Koninklijke Philips N V
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
941 granted / 1078 resolved
+25.3% vs TC avg
Strong +17% interview lift
Without
With
+17.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
29 currently pending
Career history
1107
Total Applications
across all art units

Statute-Specific Performance

§101
18.6%
-21.4% vs TC avg
§103
42.7%
+2.7% vs TC avg
§102
7.4%
-32.6% vs TC avg
§112
10.3%
-29.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1078 resolved cases

Office Action

§103 §DP
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 . DETAILED ACTION Claim Objections 1. Claims 15-16 are objected to because of the following informalities: Claims 15-16 are not falling within one of the four statutory categories of invention. Supreme Court precedent and recent Federal Circuit decisions indicate that a statutory "process" under 35 U.S.C. 101 must (1) be tied to another statutory category (such as a particular apparatus), or (2) transform underlying subject matter (such as an article or material) to a different state or thing. While the instant claim(s) recite a series of steps or actsto be performed, the claim(s) neither transform underlying subject matter norpositively tie to another statutory category that accomplishes the claimed methodsteps, and therefore do not qualify as a statutory process. Claim 15 defines a "method" and it appears that applicant is defining a series of steps of “generating” and claim 16 defines a method and it appears also that applicant is defining a series of steps of “receiving” and “generating” that not tied to any apparatus. Appropriate correction is required. Failure to make appropriate correction(s) would lead to 35 U.S.C. 101 rejection(s). 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. Claims 1, 3-5, 10, 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over submitted prior art Terentiv et al. (2021/0092546) in view of Eronen et al. (2021/0287651) and Schwarz et al. (2020/0228836). As to claim 1, Terentiv teaches an apparatus comprising: a metadata generator (metadata encoder 132) circuit, wherein the metadata generator circuit is arranged to generate metadata for audio data for a plurality of audio elements, wherein each of the plurality of audio elements represent audio sources ([0035-0037]) in an environment ([0034] – acoustic environment 110 and audio scenes 111, 112), wherein the metadata comprises acoustic environment data for the environment ([0037] - VR metadata may e.g. comprise environmental data describing the acoustic properties of an audio environment 110), wherein the acoustic environment data describes a plurality of properties affecting sound propagation for the audio sources in the environment ([0040] – audio scene 111 may exhibit environmental, acoustically relevant, properties such as a wall which may be described using environmental data 193), wherein at least a portion of the acoustic environment data is applicable to the plurality of listening poses in the environment ([0037], VR – virtual reality metadata…enables a listener to change the listening position within an audio scene 111, 112), wherein the plurality of properties effecting sound propagation comprises static properties and dynamic properties ([0040] - properties such as a wall are static; and [0048] - encoder 130 provides information regarding a fade-in function 212 and/or a fade-out function 211 as metadata within a bitstream 140; Fig. 2, said functions 211 and 212 are changing over time, i.e., they are dynamic); and a bitstream generator circuit, wherein the bitstream generator circuit is arranged to generate a bitstream, wherein the bitstream comprises the metadata ([0037] - the encoded VR metadata and the encoded audio data of the audio sources 113 may be combined in combination unit 133 to provide a bitstream 140); and data group comprises data including sound source orientation and directivity ([0069]). Terentiv does not explicitly discuss first data group describes an orientation representation format for representing a plurality of orientation properties, wherein the orientation representation format is selected from the group consisting of an indication of a predetermined default orientation representation, a plurality of predetermined angles and angles on a quantized grid, and at least one second data group comprises data describing an orientation property of the plurality of properties affecting sound propagation using the orientation representation format. Eronen teaches metadata related to position, orientation, directionality information ([0084]) and such directionality and orientation information is typically represented by a set of predetermined angles and in Fig. 11 the beam considered to be a transmission of sound from sound source within an angle ([0142]); and it is common in the art to define by a first data group a representation format that is used by at least one following data group. Schwarz teaches timing difference of audio signals to detect the direction of sound ([0029]); a frame-packed representation: separation boundaries signaled to recreate the individual planes for each object ([0169]); and the use of an oblique angle projection with respect to the coordinate grid resulting from quantization of the point coordinates ([0185] and Fig. 7c). It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Eronen and Schwarz into the teachings of Terentiv for the purpose of having encoded audio scene information and the encoded audio transmitted in an audio bitstream that may be decoded and rendered. As to claim 3, Schwarz teaches timing difference of audio signals to detect the direction of sound ([0029]); a frame-packed representation: separation boundaries signaled to recreate the individual planes for each object ([0169]); and the use of an oblique angle projection with respect to the coordinate grid resulting from quantization of the point coordinates ([0185] and Fig. 7c). As to claim 4, Terentiv teaches the apparatus of claim 1, wherein the metadata generator encoder 132 encode the VR metadata. The encoded VR metadata and the encoded audio data of the audio sources 113 may be combined in combination unit 133 to provide a bitstream 140 which is indicative of the audio data and the VR metadata. The VR metadata may e.g. comprise environmental data describing the acoustic properties of an audio environment 110 ([0037]); and data group comprises data including sound source orientation and directivity ([0069]). It would have been obvious to select the orientation properties representation format for the purpose of providing the destination audio signals of destination audio sources of the destination audio scene selectively only subject to receiving an indication for a global transition to the destination audio scene and the required bandwidth for the bitstream may be reduced. As to claim 5, Terentiv teaches the apparatus of claim 1, wherein each predetermined angle of the plurality of predetermined angles is represented by an index, and the orientation property is represented by an indication of an index for a predetermined angle ([0160-0169] – the directivity gain function indicates a directivity gain as a function of a directivity angle between a source position of an audio source and a listening position of a listener and the destination audio signal is determined based on a functional value of the directivity gain function for the destination angle, [0057-0059, 0111-0113]). As to claim 10, Terentiv, Eronen, and Schwarz do not explicitly teach the apparatus of claim 1, wherein the metadata generator circuit is arranged to generate the acoustic environment data so as to include a global indicator, wherein the global indicator indicates that the environment is a spatially constrained environment, wherein the metadata generator circuit is arranged to generate the acoustic environment data so as to restrict data values of the acoustic environment data to comply with a predetermined restricted format for data values. However, Terentiv teaches adjusting a sound effect reverberated signal in a digital reverberator, to produce a diffuse reverberated signal, 656. The encoder/decoder 640 may combine the early reflection(s) and the diffuse reverberated signal to produce a reverberated signal of the dry audio element signal. The combination may be done by summing or by HOA encoding 670. Alternatively, the early reflection signal(s) and the diffuse reverberated signal(s) may be panned to virtual loudspeaker signals using VBAP or other suitable panning method(s). The effect of occlusion/air may be determined at 658 and may be used to modify object and channel front end to enable direct sound rendering 694 ([0112-0114]) based on a user controlled change to the environment “take as input a user position and pose” ([0113]); immersive audio coding and specifically to synthesis of reverberation in spatial audio rendering systems ([0088, 0096]). It would have been obvious that the user controlled change the acoustic environment to restrict data values of the acoustic environment data to comply with a predetermined restricted format for data values for the purpose of affecting the HOA encoding and the object and channel front end, and ultimately perception of the rendered audio scene. As to claim 13, Terentiv, Eronen, and Schwarz do not explicitly teach the apparatus of claim 1, wherein the acoustic environment data for the first audio element comprises an indication of a first region of applicability and a second region of applicability for a first property value for a first property of the plurality of properties affecting sound propagation, wherein the first region of applicability indicates a region for a position of the first audio element for which the first property value applies, wherein the second region of applicability indicates a region for a listening position for which the first property value applies. However, Terentiv teaches depending on a region for a listening position, different property values for a first audio element (Fig. 3, [0052]); and generating a bitstream which is indicative of an audio signal of at least one audio source; of a position of the at least one audio source within a rendering environment; and of environmental data indicative of an audio propagation property of audio within the rendering environment ([0009-0011]). Hence, it is obviously purely design choice to have additional features as claimed. Claim 14 is rejected for the same reasons discussed above with respect to claim 1. Furthermore, Terentiv teaches a first receiver circuit to receive audio data for a plurality of audio elements ([0036-0037] - metadata encoder 132 encodes the VR metadata and the encoded audio data of the audio sources combined in a combination unit to provide a bitstream which is indicative of the audio data and the VR metadata), a second receiver circuit to receive a bitstream ([0037] - the encoded VR metadata and the encoded audio data of the audio sources 113 may be combined in combination unit 133 to provide a bitstream 140; [0119] – an indication received within a bitstream from an encoder wherein the indication indicates that an audio source is an ambience audio source), and a renderer circuit to generate output audio data for the environment in response to the audio data and the acoustic environment data ([0038] – audio renderer 160 for rendering audio within a rendering environment which allows 6DoFs comprises a pre-processing unit and a 3D audio renderer). Claim 15 is rejected for the same reasons discussed above with respect to claim 1. Claim 16 is rejected for the same reasons discussed above with respect to claim 14. Claim 17 is rejected for the same reasons discussed above with respect to claim 1. Furthermore, Terentiv teaches a processor circuit and a memory circuit wherein the memory is arranged to store instructions for the processor circuit ([0013-0015, 0130], [0037] – metadata encoder 132). 4. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over submitted prior art Terentiv, Eronen, and Schwarz in view of Sun et al. (US Patent 10,460,722). As to claim 11, Terentiv, Eronen, and Schwarz do not explicitly teach the apparatus of claim 1, wherein the acoustic environment data is arranged in consecutive data groups, each data group comprises data for a time interval, wherein a first data group of the consecutive data groups comprises a first property value for at least one property of the plurality of properties affecting sound propagation and a time indication for the first property value, wherein the time indication indicates a time within a time interval represented by the first data group. Sun teaches the microphones acquire (i.e., sense) an acoustic signal in the environment and produce corresponding analog or digital signals, where the acoustic signal may include speech and non-speech sounds (col. 2, lines 5-8); groups of 100 outputs of the first layer, each group corresponding to 5 consecutive feature vectors of 20 elements each (and corresponding to a time interval of the acoustic signal having an overall duration on which the feature vectors depend) (col. 5, lines 52-57); and processing the input values (i.e., 386 values) to the transformation represented in FIG. 5B includes computing intermediate values (i.e., 55 values) as a linear transformation of the input values, and then computing the output values (i.e., the 193 values) as another linear transformation of the intermediate values. For example, with reference to Fig. 4, this procedure is applied to output values at the second layer 320 to determine the result of applying the weights 326 to those values. Recall that because of the time-delay structure shown in Fig. 4, the inputs to the procedure (i.e., the 386 values at layer 320) are formed by application of the weights 316 at the previous layer to input corresponding to frames t+6 to t+10 (and the associated time interval of the acoustic signal) and a time delay (by 4 frames) of application of those weights 316 to input corresponding to frames t+2 to t+6 (corresponding to a prior time interval of the acoustic signal) (Fig. 4 and col. 7, lines 17-34). It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Sun into the teachings of Terentiv, Eronen, and Schwarz for the purpose of combining a time delay structure in which intermediate results of computations are reused at various time delays, thereby avoiding computation of computing new results, and decomposition of certain transformations to require fewer arithmetic operations without sacrificing significant performance. 5. Notes: Ex parte Schulhauser: The claim interpretation of claim 12 would be controlled by Ex parte Schulhauser because they are method claim having multiple mutually-exclusive paths. See MPEP 2111.04 (II)- . When analyzing the claimed method as a whole, the PTAB determined that giving the claim its broadest reasonable interpretation, "[i]f the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed" (quotation omitted). Schulhauser at 10. When analyzing the claimed system as a whole, the PTAB determined that "[t]he broadest reasonable interpretation of a system claim having structure that performs a function, which only needs to occur if a condition precedent is met, still requires structure for performing the function should the condition occur." Schulhauser at 14. Therefore "[t]he Examiner did not need to present evidence of the obviousness of the [ ] method steps of claim 1 that are not required to be performed under a broadest reasonable interpretation of the claim (e.g., instances in which the electrocardiac signal data is not within the threshold electrocardiac criteria such that the condition precedent for the determining step and the remaining steps of claim 1 has not been met);" however to render the claimed system obvious, the prior art must teach the structure that performs the function of the contingent step along with the other recited claim limitations. Schulhauser at 9, 14. Double Patenting 6. 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. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 7. Claims 1-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of copending Application No. 18/701635 in view of Eronen et al. (2021/0287651) and Schwarz et al. (2020/0228836). Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are broader and transparently found in the copending Application No. 18/701635 with obvious wording variations. This is a provisional nonstatutory double patenting rejection. U.S. Patent Application 18/636,350 U.S. Patent Application 18/701,635 An apparatus comprising: a meta generator circuit, An apparatus comprising: a metadata generator circuit, wherein the metadata generator circuit is arranged to generate metadata for audio data for a plurality of audio elements, wherein the metadata generator circuit is arranged to generate metadata for audio data for a plurality of audio elements, wherein each of the plurality of audio elements represent audio sources in an environment, wherein each of the plurality of audio elements represent audio sources in an environment, wherein the metadata comprises acoustic environment data for the environment, wherein the metadata comprises acoustic environment data for the environment, wherein the acoustic environment data describes a plurality of properties affecting sound propagation for the audio sources in the environment, wherein the acoustic environment data describes a plurality of properties affecting sound propagation for the audio sources in the environment, wherein at least a portion of the acoustic environment data is applicable to a plurality of listening poses in the environment, wherein at least a portion of the acoustic environment data is applicable to a plurality of listening poses in the environment, wherein the plurality of properties affecting sound propagation comprises static properties and dynamic properties; and wherein the plurality of properties affecting sound propagation comprises static properties and dynamic properties; and a bitstream generator circuit, wherein the bitstream generator circuit is arranged to generate a bitstream, a bitstream generator circuit, wherein the bitstream generator circuit is arranged to generate a bitstream, wherein the bitstream comprises the metadata; wherein the bitstream comprises the metadata. wherein the acoustic environment data comprises a first data group and at least one second data group, wherein the first data group describes an orientation representation format for representing a plurality of orientation properties, wherein the orientation representation format is selected from the group consisting of an indication of a predetermined default orientation representation, a plurality of predetermined angles and angles on a quantized grid, wherein the at least one second data group comprises data describing an orientation property of the plurality of properties affecting sound propagation using the orientation representation format. Claims 1-18 of copending Application No. 18/701635 does not teach wherein the acoustic environment data comprises a first data group and at least one second data group, wherein the first data group describes an orientation representation format for representing a plurality of orientation properties, wherein the orientation representation format is selected from the group consisting of an indication of a predetermined default orientation representation, a plurality of predetermined angles and angles on a quantized grid, wherein the at least one second data group comprises data describing an orientation property of the plurality of properties affecting sound propagation using the orientation representation format. Eronen teaches metadata related to position, orientation, directionality information ([0084]) and such directionality and orientation information is typically represented by a set of predetermined angles and in Fig. 11 the beam considered to be a transmission of sound from sound source within an angle ([0142]); and it is common in the art to define by a first data group a representation format that is used by at least one following data group. Schwarz teaches timing difference of audio signals to detect the direction of sound ([0029]); a frame-packed representation: separation boundaries signaled to recreate the individual planes for each object ([0169]); and the use of an oblique angle projection with respect to the coordinate grid resulting from quantization of the point coordinates ([0185] and Fig. 7c). It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Eronen and Schwarz into the teachings of Claims 1-18 of copending Application No. 18/701635 for the purpose of having encoded audio scene information and the encoded audio transmitted in an audio bitstream that may be decoded and rendered. The examiner also notes that claims 9, 10, 11, 12, 13, 14, 15, 16, 17 of the ‘350 patent application respectively corresponds to claims 5, 8, 11, 12, 13, 14, 16, 17, 18, of the ‘635 patent application, respectively. 8. Claims 1-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/636361 in view of Eronen et al. (2021/0287651) and Schwarz et al. (2020/0228836). Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are broader and transparently found in the copending Application No. 18/636361 with obvious wording variations. This is a provisional nonstatutory double patenting rejection U.S. Patent Application 18/636,350 U.S. Patent Application 18/636,361 An apparatus comprising: a meta generator circuit, 1.An apparatus comprising: a meta generator circuit, wherein the metadata generator circuit is arranged to generate metadata for audio data for a plurality of audio elements, wherein the metadata generator circuit is arranged to generate metadata for audio data for a plurality of audio elements, wherein each of the plurality of audio elements represent audio sources in an environment, wherein each of the plurality of audio elements represent audio sources in an environment, wherein the metadata comprises acoustic environment data for the environment, wherein the metadata comprises acoustic environment data for the environment, wherein the acoustic environment data describes a plurality of properties affecting sound propagation for the audio sources in the environment, wherein the acoustic environment data describes a plurality of properties affecting sound propagation for the audio sources in the environment, wherein at least a portion of the acoustic environment data is applicable to a plurality of listening poses in the environment, wherein at least a portion of the acoustic environment data is applicable to a plurality of listening poses in the environment, wherein the plurality of properties affecting sound propagation comprises static properties and dynamic properties; and wherein the plurality of properties affecting sound propagation comprises static properties and dynamic properties; and a bitstream generator circuit, wherein the bitstream generator circuit is arranged to generate a bitstream, a bitstream generator circuit, wherein the bitstream generator circuit is arranged to generate a bitstream, wherein the bitstream comprises the metadata; wherein the bitstream comprises the metadata; wherein the acoustic environment data comprises a first data group and at least one second data group, wherein the acoustic environment data comprises a first data field for first bits second data field, wherein the first data group describes an orientation representation format for representing a plurality of orientation properties, wherein the first bits represent a value of a first property of the plurality of properties affecting sound propagation, wherein the orientation representation format is selected from the group consisting of an indication of a predetermined default orientation representation, a plurality of predetermined angles and angles on a quantized grid, wherein the at least one second data group comprises data describing an orientation property of the plurality of properties affecting sound propagation using the orientation representation format. wherein the second data field comprises an indication of whether the acoustic environment data comprises an extension data field for second bits, wherein the second bits represent the value of a first property. Claims 1-16 of copending Application No. 18/636361 does not teach wherein the acoustic environment data comprises a first data group and at least one second data group, wherein the first data group describes an orientation representation format for representing a plurality of orientation properties, wherein the orientation representation format is selected from the group consisting of an indication of a predetermined default orientation representation, a plurality of predetermined angles and angles on a quantized grid, wherein the at least one second data group comprises data describing an orientation property of the plurality of properties affecting sound propagation using the orientation representation format. Eronen teaches metadata related to position, orientation, directionality information ([0084]) and such directionality and orientation information is typically represented by a set of predetermined angles and in Fig. 11 the beam considered to be a transmission of sound from sound source within an angle ([0142]); and it is common in the art to define by a first data group a representation format that is used by at least one following data group. Schwarz teaches timing difference of audio signals to detect the direction of sound ([0029]); a frame-packed representation: separation boundaries signaled to recreate the individual planes for each object ([0169]); and the use of an oblique angle projection with respect to the coordinate grid resulting from quantization of the point coordinates ([0185] and Fig. 7c). It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Eronen and Schwarz into the teachings of Claims 1-16 of copending Application No. 18/636361 for the purpose of having encoded audio scene information and the encoded audio transmitted in an audio bitstream that may be decoded and rendered. The examiner also notes that claims 10, 11, 12, 13, 14, 15, 16, 17 of the ‘350 patent application respectively corresponds to claims 7, 10, 11, 12, 13, 14, 15, 16, of the ‘361 patent application, respectively. 9. Claims 1-17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/636422 in view of Eronen et al. (2021/0287651) and Schwarz et al. (2020/0228836). Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are broader and transparently found in the copending Application No. 18/636422 with obvious wording variations. This is a provisional nonstatutory double patenting rejection U.S. Patent Application 18/636,350 U.S. Patent Application 18/636,422 An apparatus comprising: a meta generator circuit, An apparatus comprising: a meta generator circuit, wherein the metadata generator circuit is arranged to generate metadata for audio data for a plurality of audio elements, wherein the metadata generator circuit is arranged to generate metadata for audio data for a plurality of audio elements, wherein each of the plurality of audio elements represent audio sources in an environment, wherein each of the plurality of audio elements represent audio sources in an environment, wherein the metadata comprises acoustic environment data for the environment, wherein the metadata comprises acoustic environment data for the environment, wherein the acoustic environment data describes a plurality of properties affecting sound propagation for the audio sources in the environment, wherein the acoustic environment data describes a plurality of properties affecting sound propagation for the audio sources in the environment, wherein at least a portion of the acoustic environment data is applicable to a plurality of listening poses in the environment, wherein at least a portion of the acoustic environment data is applicable to a plurality of listening poses in the environment, wherein the plurality of properties affecting sound propagation comprises static properties and dynamic properties; and wherein the plurality of properties affecting sound propagation comprises static properties and dynamic properties; and a bitstream generator circuit, wherein the bitstream generator circuit is arranged to generate a bitstream, a bitstream generator circuit, wherein the bitstream generator circuit is arranged to generate a bitstream, wherein the bitstream comprises the metadata; wherein the bitstream comprises the metadata; wherein the acoustic environment data comprises a first data group and at least one second data group, wherein the metadata generator circuit is arranged to generate the acoustic environment data; wherein the first data group describes an orientation representation format for representing a plurality of orientation properties, wherein the acoustic environment data comprises a global indicator, wherein the orientation representation format is selected from the group consisting of an indication of a predetermined default orientation representation, a plurality of predetermined angles and angles on a quantized grid, wherein the global indicator indicates that the environment is a spatially constrained environment, wherein the at least one second data group comprises data describing an orientation property of the plurality of properties affecting sound propagation using the orientation representation format. wherein the metadata generator circuit is arranged to generate the acoustic environment data so as to restrict data values of the acoustic environment data to comply with a predetermined restricted format for data values. Claims 1-16 of copending Application No. 18/636422 does not teach wherein the acoustic environment data comprises a first data group and at least one second data group, wherein the first data group describes an orientation representation format for representing a plurality of orientation properties, wherein the orientation representation format is selected from the group consisting of an indication of a predetermined default orientation representation, a plurality of predetermined angles and angles on a quantized grid, wherein the at least one second data group comprises data describing an orientation property of the plurality of properties affecting sound propagation using the orientation representation format. Eronen teaches metadata related to position, orientation, directionality information ([0084]) and such directionality and orientation information is typically represented by a set of predetermined angles and in Fig. 11 the beam considered to be a transmission of sound from sound source within an angle ([0142]); and it is common in the art to define by a first data group a representation format that is used by at least one following data group. Schwarz teaches timing difference of audio signals to detect the direction of sound ([0029]); a frame-packed representation: separation boundaries signaled to recreate the individual planes for each object ([0169]); and the use of an oblique angle projection with respect to the coordinate grid resulting from quantization of the point coordinates ([0185] and Fig. 7c). It would have been obvious before the effective filing date of the claimed invention to incorporate the teachings of Eronen and Schwarz into the teachings of Claims 1-16 of copending Application No. 18/636422 for the purpose of having encoded audio scene information and the encoded audio transmitted in an audio bitstream that may be decoded and rendered. The examiner also notes that claims 9, 11, 12, 13, 14, 15, 16, 17 of the ‘350 patent application respectively corresponds to claims 5, 10, 11, 12, 13, 14, 15, 16 of the ‘422 patent application, respectively. Allowable Subject Matter 10. Claims 2, 8-9, 12 are 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. Claims 6-7 are objected because they depend on objected claim 2. Conclusion 11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH H NGUYEN whose telephone number is (571)272-7489. The examiner can normally be reached Monday-Thursday 7:30AM-5:30PM. 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, Ahmad Matar can be reached on 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /QUYNH H NGUYEN/Primary Examiner, Art Unit 2693
Read full office action

Prosecution Timeline

Apr 16, 2024
Application Filed
May 16, 2024
Response after Non-Final Action
May 30, 2024
Response after Non-Final Action
Nov 02, 2025
Non-Final Rejection — §103, §DP (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12591740
METHODS AND SYSTEMS FOR GENERATING TEXTUAL FEATURES
2y 5m to grant Granted Mar 31, 2026
Patent 12567409
RESTRICTING THIRD PARTY APPLICATION ACCESS TO AUDIO DATA CONTENT
2y 5m to grant Granted Mar 03, 2026
Patent 12566920
System and Method to Generate and Enhance Dynamic Interactive Applications from Natural Language Using Artificial Intelligence
2y 5m to grant Granted Mar 03, 2026
Patent 12563141
SYSTEM AND METHOD OF CONNECTING A CALLER TO A RECIPIENT BASED ON THE RECIPIENT'S STATUS AND RELATIONSHIP TO THE CALLER
2y 5m to grant Granted Feb 24, 2026
Patent 12554761
DATA SOURCE CURATION FOR LARGE LANGUAGE MODEL (LLM) PROMPTS
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
99%
With Interview (+17.2%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 1078 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month