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 § 102
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 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 –
(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.
Claim(s) 1-3 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jarvinen et al (US 20180220250 A1).
With respect to claim 1, Jarvinen discloses an audio augmented reality object playback device comprising:
a microphone (fig.3 #606; fig.6 #11);
an audio playback device to be worn on a left ear side and a right ear side of a listener (Par.[0084][0095] “headphones”); and
a processor (fig.6 #21) connected to each of the microphone and the audio playback device, the processor being configured to (Par.[0090][0097] processor #21 of electronic device #10 may perform the processing functions of the audio signals received by microphones #11,606 and via transmission channel #503):
place an audio augmented reality object in a real space (Par.[0112] first detector and separator #602 places augmented reality objects received from surround sound decoder #504 in a real space by generating parameters that describe a direction, distance and loudness of each object);
acquire a stereoscopic audio signal from the audio augmented reality object to carry out control for causing the audio playback device to output a sound based on the stereoscopic audio signal (Par.[0084] binaural stereo downmixer #505 generates a stereoscopic audio signal to output to the headphones);
detect a level of a sound in the real space collected by the microphone and a sound source direction of the sound in the real space and correct a placement position of the audio augmented reality object based on a result of the detection so as to separate the placement position of the audio augmented reality object from the sound source direction of the sound in the real space (Par.[0123] detector and separator of audio objects 2 #604 receives audio sounds captured in the real space via microphones #606 and generates parametric representations for determined objects within the captured sounds; Par.[0128] a level of the captured sound objects may be detected “loudness threshold check”; Par.[0133] repositioner #603 may separate a placement position of the augmented reality objects based on a loudness level of the sound objects in the real space, and based on whether the augmented reality objects are in a shadow of the sound objects in the real space, wherein a shadowing of objects is based on a determined direction of each object, as shown in figure 2); and
carry out control for causing the audio playback device to output the sound based on the stereoscopic sound signal at the placement position as corrected (Par.[0142-0143]).
With respect to claim 2, Jarvinen discloses the audio augmented reality object playback device according to claim 1, wherein the processor is configured to:
execute audio recognition processing to recognize the sound in the real space collected by the microphone; and based on a result of the audio recognition processing, combine the sound in the real space and the stereoscopic audio signal and output the stereoscopic audio signal as combined to the audio playback device (Par.[0123] “the second detector and separator can be considered to analyse the local or environmental audio scene to determine any localised audio sources or audio objects with respect to the listener or user of the apparatus”).
With respect to claim 3, Jarvinen discloses the audio augmented reality object playback device according to claim 1, wherein the processor is configured to, when a level difference between the level of the sound in the real space collected by the microphone and a level of the stereoscopic sound signal is less than a level difference threshold set to determine that the sound in the real space and the sound of the augmented reality object are confused, and also when the sound source direction of the sound in the real space and a direction of the placement position of the augmented reality object are within a same direction range set to determine that the sound in the real space and the sound of the augmented reality object are confused, correct the placement position of the augmented reality object so as to separate the placement position of the audio augmented 49 reality object from the sound source direction of the sound in the real space (Par.[0128-0134] repositioning of objects may be based on a loudness threshold and a directional shadowing effect of objects).
With respect to claim 9, Jarvinen discloses the audio augmented reality object playback device according to claim 1, wherein the processor is provided in a mobile information terminal or a wearable terminal, the microphone and the audio playback device are provided in earphones or a headphone which is configured separately from the mobile information terminal, and the mobile information terminal and the earphones or the headphone are connected to each other by communication (Par.[0091-0096]).
With respect to claim 10, Jarvinen discloses the audio augmented reality object playback device according to claim 1, wherein the processor is provided in a mobile information terminal, and the microphone, the audio playback device, and the processor are integrally configured with a head-mounted display (Par.[0091-0096]).
With respect to claim 11, Jarvinen discloses an audio augmented reality object playback method comprising the steps of:
placing an audio augmented reality object in a real space (Par.[0112] first detector and separator #602 places augmented reality objects received from surround sound decoder #504 in a real space by generating parameters that describe a direction, distance and loudness of each object);
acquiring a stereoscopic audio signal from the audio augmented reality object to carry out control for causing an audio playback device to output a sound based on the stereoscopic audio signal (Par.[0084] binaural stereo downmixer #505 generates a stereoscopic audio signal to output to the headphones);
detecting a level of a sound in the real space collected by a microphone and a sound source direction of the sound in the real space and correcting a placement position of the audio augmented reality object based on a result of the detection so as to separate the placement position of the audio augmented reality object from the sound source direction of the sound in the real space (Par.[0123] detector and separator of audio objects 2 #604 receives audio sounds captured in the real space via microphones #606 and generates parametric representations for determined objects within the captured sounds; Par.[0128] a level of the captured sound objects may be detected “loudness threshold check”; Par.[0133] repositioner #603 may separate a placement position of the augmented reality objects based on a loudness level of the sound objects in the real space, and based on whether the augmented reality objects are in a shadow of the sound objects in the real space, wherein a shadowing of objects is based on a determined direction of each object, as shown in figure 2); and
carry out control for causing the audio playback device to output the sound based on the stereoscopic sound signal at the placement position as corrected (Par.[0142-0143]).
Claim Rejections - 35 USC § 103
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.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarvinen et al (US 20180220250 A1).
With respect to claim 7, Jarvinen discloses the audio augmented reality object playback device according to claim 1, however does not disclose expressly wherein the audio augmented reality object is placed in a world coordinate system fixed to the real space.
Official Notice is taken that the use of coordinate systems, such as a world coordinate system, is well known in the art for placing virtual sound objects within a real space. It would have been obvious before the effective filing date to a person of ordinary skill in the art to use such a coordinate system to place the sound objects of Jarvinen at an appropriate location. The motivation for doing so would have been to use a standardized system for reproduction of virtual sound objects at desired locations.
With respect to claim 8, Jarvinen discloses the audio augmented reality object playback device according to claim 1, however does not disclose expressly wherein the audio augmented reality object is placed in a local coordinate system fixed to the audio playback device.
Official Notice is taken that the use of coordinate systems, such as a local coordinate system, is well known in the art for placing virtual sound objects within a real space. It would have been obvious before the effective filing date to a person of ordinary skill in the art to use such a coordinate system to place the sound objects of Jarvinen at an appropriate location. The motivation for doing so would have been to use a standardized system for reproduction of virtual sound objects at desired locations.
Allowable Subject Matter
Claims 4-6 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lovitt (US 20120114130 A1) discloses cognitive load reduction.
Laaksonen et al (US 20190394607 A1) discloses an apparatus for presentation of first and second virtual or augmented reality content.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON R KURR whose telephone number is (571)270-5981. The examiner can normally be reached M-F: 9-5.
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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.
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JASON R. KURR
Primary Examiner
Art Unit 2695
/JASON R KURR/ Primary Examiner, Art Unit 2695