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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 9, 15 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 3, the phrase "such as" recited on line 18 renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claims 9, 15 and 20 also include the phrase “such as”. Thus, the claims are indefinite for the same reason.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, 4-8, 10-14 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peters et al. (US 20200304935 A1; hereafter Peters).
Regarding claim 1, Peters discloses an encoding side method for spatial audio rendering using metadata, the method comprising:
encoding (by 302) an audio scene component (303), ASC, of a sound program (11) into a bitstream (21); and providing metadata (305) of the sound program (11), wherein the metadata comprises:
a first data structure (e.g., the rendering metadata identifies enabling or disabling as described in "the source device 12 may obtain rendering metadata indicative of controls for enabling or disabling adaptations, " in [0063]) that instructs a spatial audio renderer (22) on whether to render the ASC as a virtual sound source (by playback system in Fig. 1A, 1B or 2, e.g.) without compensating for motion of a listener of a playback, when rendering the sound program for the playback (e.g., the metadata identifies no adaptation allowed discussed in [0063] enabling or disabling as described in "the source device 12 may obtain rendering metadata indicative of controls for enabling or disabling adaptations, " in [0063]), and
a second data structure that specifies a reference selected from a plurality of references (e.g., when allowing 6 DoF, a reference is to be used for 6 DoF, see 562 of Fig. 3C or 504 of Fig. 3A; a reference to be used during rotation, see 508 in Fig. 3A or 566 of Fig. 3C; see also Fig. 3B for additional references; see syntax in [0069], [0078], [0081], [0091]), which the spatial audio renderer (22) is to use when compensating for the motion of the user (e.g., a reference to use for 6 DoF, see Fig. 3C; metadata that enables specific compensation when the playback is not motionless; e.g., translational rendering metadata discussed in [0068]), when the listener of the playback is not motionless and the first data structure indicates that the ASC be rendered with compensation for the motion of the listener (the metadata identifies enabling as described in "the source device 12 may obtain rendering metadata indicative of controls for enabling or disabling adaptations, " in [0063]).
Regarding claim 2, Peters shows that the first data structure instructs the spatial audio renderer to not compensate for the motion of the listener during the playback when rendering the ASC as the virtual sound source (the flag value indicating not allowing translation or rotation, e.g., [0070], [0072], [0073], Fig. 3A).
Regarding claim 4, Peters shows that the metadata comprises a third data structure that indicates one of a plurality of capabilities for the spatial audio renderer to compensate for motion of the listener ([0074]-[0079]).
Regarding claim 5, the claimed limitation reads on 3DOF, 3DOFplus and 6DOF e.g., ([0079]).
Regarding claim 6, depending on the metadata that allows 3DOF, 3DOFplus and 6DOF compensation, the corresponding translation would be tracked or not tracked.
Most of limitation in claims 7, 8 and 10-12 correspond to those recited in claims 1-6. Peters discloses a non-transitory machine-readable storage medium ([0008], [0046]).
Regarding claim 13, Peters discloses a decoding side method (as performed by 12 in Fig. 1A or 1B) for spatial audio rendering using metadata, the method comprising:
decoding (by 24) an audio scene component, ASC, of a sound program from a bitstream (21); and
receiving metadata (305) of the sound program, wherein the metadata comprises:
first data structure that instructs a spatial audio renderer on whether to render the ASC without compensating for a motion of a listener of a playback, when rendering the sound program for the playback (e.g., the rendering metadata identifies enabling or disabling as described in "the source device 12 may obtain rendering metadata indicative of controls for enabling or disabling adaptations, " in [0063]), and
a second data structure that specifies a reference selected from a plurality of references (e.g., a reference to use for 6 DoF, see 562 of Fig. 3C or 504 of Fig. 3A; reference to use during rotation, see 508 in Fig. 3A or 566 of Fig. 3C; see also Fig. 3B for additional references; see syntax in [0069], [0078], [0081], [0091]) which the spatial audio renderer (22) uses when compensating for the motion of the user (e.g., a reference to use for 6 DoF, see Fig. 3C; metadata that enables specific compensation when the playback is not motionless; e.g., translational rendering metadata discussed in [0068]), when the listener of the playback is not motionless and the first data structure indicates that the ASC be rendered with compensation for the motion of the listener (the metadata identifies enabling as described in "the source device 12 may obtain rendering metadata indicative of controls for enabling or disabling adaptations, " in [0063]).
Regarding claim 14, Peters shows that the first data structure instructs the spatial audio renderer to not compensate for the motion of the listener during the playback (the flag value indicating not allowing translation or rotation, e.g., [0070], [0072], [0073], Fig. 3A).
Claims 16-18 correspond to claims 10-12 discussed above.
Most of limitations in claim 19 correspond to those specified in claim 7 discussed above. Peters shows the processor (inherently included in a computer in [0046], see also abstract, e.g.).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 3, 9, 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peter in view of Dillen (US 20230377276A1).
Regarding claims 3, 9, 15 and 20, Peters fails to show a second data structure that specifies a reference selected from a plurality of references includes at least two of the claimed references. Peters teaches that a plurality of rendering based on different references as defined by the metadata (e.g., a reference to use for 6 DoF, see 562 of Fig. 3C or 504 of Fig. 3A; reference to use during rotation, see 508 in Fig. 3A or 566 of Fig. 3C; see also Fig. 3B for additional references; see syntax in [0069], [0078], [0081], [0091]). Peters further teaches that a content creator sometimes wishes to retain some control over how his/her creation is being rendered ([0062]). This suggestion would have motivated one skilled in the art to search for related teaching on rendering effects. As an example, for 6DoF, the motion could include body movement in 3 directions and head movement in 3 actions resulting different orientations. Peter explicitly teaches the reference based separately on x-axis, y-axis, z-axis, yaw, pitch or roll ([0082]). Peters is not clear on the torso as the reference or the head as the reference. In the same field of endeavor, Dillen teaches rendering when “fixed to head orientation” or “not-fixed to head orientation” ([0120]-[0121]), or fixed to the real world ([0129]). In general, Dillen teaches different rendering categories, as included in the metadata, that define different rendering parameters and the corresponding operations ([0122], [0124], abstract, [0101]). Other category includes torso as a reference ([0126], e.g.). Such category would give the content creator a large control in terms of how scene is being compensated based on user’s movement. Thus, it would have been obvious to one of ordinary skill in the art to modify Peters in view of Dillen by providing syntax in the metadata that defines available references, such as with respect to torso, with respect to head or with respect to world locked reference, in order to satisfy the goal of the content creator for limiting how the user to render the virtual sound scene with respect to the reference as set forth in the metadata, such as the reference is the body of the user, the reference is world-defined, or the reference is view locked (with respect to the head).
Response to Arguments
Applicant's arguments filed 6/26/2026 have been fully considered but they are not persuasive.
On p. 11-p. 12, applicant argued that Peters fails to show a second data structure that specifies a reference selected… The office disagrees. For example, the metadata in Peters enables rotation or translation ([0069]). Any motion detected during enabled rotation or enabled translation is detected based on the change from a reference utilized for detecting rotation (e.g., from origin to a new angle) or a reference utilized for detecting translation (e.g., from origin to x1). When the metadata includes a field enabling rotation ([0069]), the corresponding field also defines a reference to use when rotation is enabled. When the metadata includes a field enabling translation, the corresponding field also defines a reference to use when translation is enabled. Thus, when the creator includes syntax for enabling rotation and another syntax for enabling translation, the corresponding reference for rotation and the correspond reference for translation are also provided.
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.
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/PING LEE/ Primary Examiner, Art Unit 2695
