CTFR 18/670,832 CTFR 100212 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 16, 21, 23-24, 26, 28-29, 34-35 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Eronen (US 20200068335 A1, hereinafter “ Eronen ”) . Regarding claim 16 , Eronen teaches an apparatus comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to: (see [0024], [0035]: at least one or more processor, audio rendering apparatus 4, headphones 3) receive a data structure for controlling rendering of a sound scene to a user of the apparatus, wherein the data structure specifies one or more positions for initial rendering of a new sound object associated with a different user; (see [0075]: the fixed locations may be communicated to the audio rendering apparatus 4 when it is determined that the user has entered the area (or when it is determined that the user approaching another point of exit from the pre-defined area). The fixed locations may be selected so as not to coincide/interfere with any of the locations associated with the additional audio content) prior to rendering the new sound object, select one of the one or more positions specified by the data structure in dependence upon at least a position of the user; (see [0054], [0066]: the primary audio content appears to remain at the fixed location(s) (relative to the environment) even as the location of the user 2 changes) and render the new sound object at the selected position. (see [0054], [0066]: associate the at least one audio component with a new location that is fixed relative to the environment such that the at least one component appears to originate from the new location) Regarding claim 21 , Eronen teaches the sound object is a live social audio object associated with the different user and comprises at least live speech of the different user. (see [0076]: speech may be assigned to a first location and the music may be assigned to second location) Regarding claim 23 , Eronen teaches selecting one of the one or more positions specified by the data structure comprises selecting a specified position in dependence upon at least one parameter specified in the data structure. (see [0066]-[0075]: reference positions are parameters of the data structure) Regarding claim 24 , Eronen teaches selecting one of the one or more positions specified by the data structure comprises selecting a sub-set of positions from the one or more positions specified by the data structure in dependence upon the at least one parameter specified in the data structure and comprises selecting the selected position from the sub-set of positions in dependence upon a distance or weighted distance between a position of the user and the one or more specified positions in the sub-set. (see [0043], [0076]: any other device that is co-located with the user is within communications range of a particular wireless transceiver, different fixed locations may be assigned to different audio components based on the content type of audio component) Regarding claim 26 , Eronen teaches the data structure is a data structure for controlling spatial rendering of a sound object to a user and the data structure comprises: a first element configured to specify a sound object; (see [0059]: audio content associated with an initial object or point of interest POI) a second element configured to specify multiple alternative positions for initial rendering the sound object and at least one parameter for controlling selection of a position for initial rendering the sound object from the specified multiple alternative positions for initial rendering the sound object. (see [0059]-[0066]: if object or POI is moving, the associated additional audio content may appear to move with the object or POI – also a second rendering mode) Regarding claim 28 , Eronen teaches an apparatus configured as a head-mounted apparatus. (see [0025]: means for causing rendering of audio content, via headphones) Regarding claims 29 and 34-35 , the claimed limitations are a method claim directly corresponding to claims 16 and 21 ; therefore, is rejected for the significant similar reasons as claim 16 and 21 as discussed above . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 17-20, 22, 25, 27, 30-32, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Eronen (US 20200068335 A1, hereinafter “ Eronen ”) in view of Sommer (US 20200264006 A1, hereinafter “ Sommer ”) . Regarding claim 17 , Eronen does not explicitly teach the rendering enables the user and the different user to share a virtual three-dimensional space, wherein the sound scene is a three-dimensional sound scene that has a fixed relationship to the virtual three-dimensional space. However, Sommer teaches the rendering enables the user and the different user to share a virtual three-dimensional space, wherein the sound scene is a three-dimensional sound scene that has a fixed relationship to the virtual three-dimensional space. (see [0050]-[0054]: virtual/mixed reality system rendered based on sensors for display to the users) Eronen and Sommer are considered to be analogous to the claimed invention because both are in the field of spatial audio reproduction and navigation containing similar purposes. It would have been obvious to a person of ordinary skill in the art to have chosen to apply the broad teachings of Sommer to Eronen in order to effectively present a realistic sound scene to the user. Regarding claim 18 , Eronen does not explicitly teach the rendering enables the user to change position and/or orientation of the user within the virtual three-dimensional space. However, Sommer teaches the rendering enables the user to change position and/or orientation of the user within the virtual three-dimensional space. (see [0007]: the user's current location and direction of motion as determined by the mobile multipurpose device and head orientation and movement.) Eronen and Sommer are considered to be analogous to the claimed invention because both are in the field of spatial audio reproduction and navigation containing similar purposes. It would have been obvious to a person of ordinary skill in the art to have chosen to apply the broad teachings of Sommer to Eronen in order to effectively present a realistic sound scene to the user. Regarding claim 19 , Eronen teaches the rendering enables, after the initial rendering of the sound object associated with the different user at the selected position, the different user to change a position and/or orientation (see [0066]: a second rendering mode, associate the at least one audio component with a new location that is fixed relative to the environment such that the at least one component appears to originate from the new location.) However, Eronen does not explicitly teach at which the sound object associated with the different user is rendered within the virtual three-dimensional space. Sommer teaches at which the sound object associated with the different user is rendered within the virtual three-dimensional space. (see [0068]: virtual directionality of the audio may be adjusted) Eronen and Sommer are considered to be analogous to the claimed invention because both are in the field of spatial audio reproduction and navigation containing similar purposes. It would have been obvious to a person of ordinary skill in the art to have chosen to apply the broad teachings of Sommer to Eronen in order to effectively present a realistic sound scene to the user. Regarding claim 20 , Eronen is silent to the apparatus is further caused to display a visual object at the selected position at which the new sound object is rendered. However, Sommer teaches the apparatus is further caused to display a visual object at the selected position at which the new sound object is rendered. (see [0090]: spatial audio navigation system may be used to augment the visual cues) Eronen and Sommer are considered to be analogous to the claimed invention because both are in the field of spatial audio reproduction and navigation containing similar purposes. It would have been obvious to a person of ordinary skill in the art to have chosen to apply the broad teachings of Sommer to Eronen in order to effectively communicate a visual object at the selected position to the user. Regarding claim 22 , Eronen teaches selecting one of the one or more positions specified by the data structure further comprises selecting a specified position in dependence upon one or more of: an orientation of the user; (see [0062]: depending on the location or orientation of the user 2) a state of the sound scene; estimated audibility to the user of the new sound object at the one or more specified positions; (see [0066]: comparing the predetermined reference location in the environment means obtaining the state of that sound scene and analyzing the audibility of the new sound object in several specified positions) However, Eronen does not explicitly teach a direct line of hearing between a position of the user and the one or more specified positions; a direct line of visibility between a position of the user and the one or more specified positions; whether the position of the user and any of the one or more specified positions share a defined acoustic space in a three-dimensional sound scene; whether the position of the user and any of the one or more specified positions share a defined physical space in a virtual three-dimensional space; whether one of the one or more specified positions is specified as a default position; sound attenuation attributes of a virtual three-dimensional space between a position of the user and the one or more specified positions. Sommer teaches estimated visibility to the user of the one or more specified positions; (see [0082]: illustrates a path determined from a user to a target location) a direct line of hearing between a position of the user and the one or more specified positions; (see [0083]-[0085]: continuous path tracing method in which a sound is moved such that it continuously follows the path) a direct line of visibility between a position of the user and the one or more specified positions; (see [0056], [0090]: rendering virtual content for display) whether the position of the user and any of the one or more specified positions share a defined acoustic space in a three-dimensional sound scene; whether the position of the user and any of the one or more specified positions share a defined physical space in a virtual three-dimensional space; whether one of the one or more specified positions is specified as a default position; a distance or weighted distance between a position of the user and the one or more specified positions; (see [0056]-[0068]: current location, target location, and map information may be input to a pathfinding component 302 to determine a real world path 304 between the user's current location and the target location) sound attenuation attributes of a virtual three-dimensional space between a position of the user and the one or more specified positions. (see [0068]: sound attenuation in virtual directionality) Eronen and Sommer are considered to be analogous to the claimed invention because both are in the field of spatial audio reproduction and navigation containing similar purposes. It would have been obvious to a person of ordinary skill in the art to have chosen to apply the broad teachings of Sommer to Eronen in order to effectively communicate a visual object at the selected position to the user. Regarding claim 25 , Eronen does not explicitly teach rendering the new sound object at the selected position comprises creating a sound scene state based on which sound is to be rendered to the user at a current position and/or orientation of the user in a virtual three-dimensional space. Sommer teaches rendering the new sound object at the selected position comprises creating a sound scene state based on which sound is to be rendered to the user at a current position and/or orientation of the user in a virtual three-dimensional space. (see [0037]: determines head orientation and movement as determined by the headset are used by the spatial audio navigation system to adjust the virtual directionality) Eronen and Sommer are considered to be analogous to the claimed invention because both are in the field of spatial audio reproduction and navigation containing similar purposes. It would have been obvious to a person of ordinary skill in the art to have chosen to apply the broad teachings of Sommer to Eronen in order to effectively present a realistic sound scene to the user. Regarding claim 27 , Eronen does not explicitly teach the first element is a sub-element of the second element or the second element is a sub-element of the first element. However, it would have been obvious to a person of skilled art to configure the elements in such a way in which it is a mere design choice to implement the data structure in claim 26 and no unexpected results are produced. Regarding claims 30-32 , the claimed limitations are a method claim directly corresponding to claims 17-20; therefore, is rejected for the significant similar reasons as claim 17-20 as discussed above. Regarding claim 36 , Eronen does not explicitly teach selecting one of the one or more positions specified by the data structure is based on a weighted distance between a position of the user and the one or more specified positions and estimated visibility to the user of the one or more specified positions Sommer teaches selecting one of the one or more positions specified by the data structure is based on a weighted distance between a position of the user and the one or more specified positions (see [0056]-[0068]: current location, target location, and map information may be input to a pathfinding component 302 to determine a real world path 304 between the user's current location and the target location) and estimated visibility to the user of the one or more specified positions. (see [0082]: illustrates a path determined from a user to a target location) Eronen and Sommer are considered to be analogous to the claimed invention because both are in the field of spatial audio reproduction and navigation containing similar purposes. It would have been obvious to a person of ordinary skill in the art to have chosen to apply the broad teachings of Sommer to Eronen in order to effectively communicate a visual object at the selected position to the user . Response to Arguments 07-37 AIA Applicant's arguments filed March 9, 2026 have been fully considered but they are not persuasive. On page 7-8 of applicant’s remarks, applicant mainly argues that the art of record fails to disclose "prior to rendering the new sound object, select one of the one or more positions specified by the data structure in dependence upon at least a position of the user" and "render the new sound object at the selected position,". The Examiner disagrees and maintains as pointed out in the rejection above, Eronen clearly teaches to select one of the one or more positions specified by the data structure in dependence upon at least a position of the user (see [0054], [0066]: the primary audio content appears to remain at the fixed location(s) (relative to the environment) even as the location of the user 2 changes), which is clearly performed prior to rendering the new sound object in the following step. Under the broadest reasonable interpretation of the current claim language, “select one of the one or more positions specified by the data structure in dependence upon at least a position of the user” can include not only a multiple possible entry positions, but also a system that may switch between modes based on a predefined criteria as taught by Eronen. Conclusion 07-39 AIA THIS ACTION IS MADE FINAL. 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 ANNABELLE KANG whose telephone number is (571)270-3403. The examiner can normally be reached Monday-Thursday 8:00-5:00. 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. 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. /ANNABELLE KANG/Examiner, Art Unit 2695 /JASON R KURR/Primary Examiner, Art Unit 2695 Application/Control Number: 18/670,832 Page 2 Art Unit: 2695 Application/Control Number: 18/670,832 Page 3 Art Unit: 2695 Application/Control Number: 18/670,832 Page 4 Art Unit: 2695 Application/Control Number: 18/670,832 Page 5 Art Unit: 2695 Application/Control Number: 18/670,832 Page 6 Art Unit: 2695 Application/Control Number: 18/670,832 Page 7 Art Unit: 2695 Application/Control Number: 18/670,832 Page 8 Art Unit: 2695 Application/Control Number: 18/670,832 Page 9 Art Unit: 2695 Application/Control Number: 18/670,832 Page 10 Art Unit: 2695 Application/Control Number: 18/670,832 Page 11 Art Unit: 2695 Application/Control Number: 18/670,832 Page 12 Art Unit: 2695
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