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 .
Terminal Disclaimer
The terminal disclaimer filed on 5/11/2026 and 4/29/206 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 18636422 (US patent No. has been not been assigned) and 18636350 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Amendment
Claim amendments filed 2/17/206 overcome the prior art on record. However, the claims are not patentably distinct from that of co-pending applications 18636422 and 18636350, and USPN 12578921. After two examiner-initiated interviews, applicant’s representative filed two terminal disclaimers listing only 18636422 and 18636350. In a third telephone conversation, applicant’s representative indicated that another terminal disclaimer would be filed to solve the double patenting issue with US patent No. 12578921. However, no TD has been received. Several subsequent attempts to reach applicant’s representative were made, and still no reply has been received.
The previous Non-Final rejection has been vacated in favor of this new Non-Final rejection.
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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Claims 1, 3-14, and 16-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 12578921. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variants of the same invention. Furthermore, the claims of the patent are narrower in scope and anticipate the claims of the application.
Claims of the application Claims of the patent
1. (Currently amended) 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 each of the plurality of audio elements represents audio sources in an 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 comprises a first data group and a plurality of data groups, wherein the first data group describes a data format for at least a portion of a representation of property values for at least one property of the plurality of properties affecting sound propagation, wherein each of the plurality of data groups comprises data describing at least one property value using the representation of property values, 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 comprise static and dynamic properties; and a bitstream generator circuit, wherein the bitstream generator circuit is arranged to generate a bitstream, wherein the bitstream comprises the metadata.
3. 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 each of the plurality of audio elements represents audio sources in an environment, wherein the metadata comprises acoustic environment data for the environment, wherein the acoustic environment data comprises a first data group, wherein the first data group describes a frequency grid and a plurality of data groups, wherein each of the plurality of data groups comprises data describing a frequency dependent property of the plurality of properties using the frequency grid, 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 comprise static and dynamic properties; and 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 an indicator for indicating whether the bitstream comprises the first data group, wherein the first data group comprises an indication of a format for data describing the frequency grid, wherein the first data group is selected from the groups consisting of data providing an indication of a predetermined default grid, data indicating a start frequency and a frequency range for at least a portion of subranges of the frequency grid and data indicating individual frequencies.
4. (Currently amended) The apparatus of claim 1, 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 each of the plurality of audio elements represents audio sources in an environment, wherein the metadata comprises acoustic environment data for the environment, 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 at least one second group comprises data describing an orientation property of the plurality of properties using the orientation representation format, wherein the first data is selected from the groups consisting of data providing an indication of a predetermined default orientation representation, data indicating a plurality of predetermined angles; and data indicating angles on a quantized grid; and a bitstream generator circuit, wherein the bitstream generator circuit is arranged to generate a bitstream, wherein the bitstream comprises the metadata.
5. The apparatus of claim 1, wherein the acoustic environment data comprises a first data field for first bits and a second data field, wherein the first bits represent a value of a first property of a plurality of properties, wherein each of the plurality of properties affect sound propagation, 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.
6. The apparatus of claim 5, wherein the second bits extend a range of values for the first property.
7. The apparatus of claim 5, wherein the second bits increase a resolution of values for the first property.
8. The apparatus of claim 1, wherein the metadata generator circuit is arranged to generate the acoustic environment data so as to comprise 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.
9. The apparatus of claim 1, wherein the acoustic environment data comprises an animation indication for at least a first audio element, wherein the animation indication indicates if at least one property for the first audio element varies during a time interval, wherein the acoustic environment data for an animation indication varies during a time interval, wherein the acoustic environment data for an animation indication that the first audio element has at least one varying property, wherein the at least on varying property comprises data describing a variation of the at least one varying property.
10. The apparatus of claim 1, wherein the audio elements comprise a plurality of sound effect elements, wherein the acoustic environment data comprises data linking a user controlled change to the environment with a first sound effect element.
Other claims are similar to the claims above.
1. 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 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 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 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 the bitstream, wherein the bitstream comprises the metadata; wherein the acoustic environment data comprises a first data field for first bits and second data field, wherein the first bits represent a value of a first property of the plurality of properties affecting sound propagation, 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.
2. The apparatus of claim 1, wherein the acoustic environment data comprises a first data group and a plurality of data groups, wherein the first data group describes a data format for at least a portion of a representation of property values for at least one property of the plurality of properties affecting sound propagation, wherein each of the plurality of data groups comprises data describing at least one property value using the representation of property values.
3. The apparatus of claim 1, wherein the acoustic environment data comprises a first data group, wherein the first data group describes a frequency grid and a plurality of data groups, wherein each of the plurality of data groups comprises data describing a frequency dependent property of the plurality of properties affecting sound propagation using the frequency grid, wherein the bitstream comprises an indicator for indicating whether the bitstream comprises the first data group, wherein the first data group comprises an indication of a format for data describing the frequency grid, wherein the first data group is selected from the groups consisting of data providing an indication of a predetermined default grid data indicating a start frequency and a frequency range for at least a portion of subranges of the frequency grid and data indicating individual frequencies.
The combination of claims 1 and 3 of the patent teaches claim 3 of the application.
4. The apparatus of claim 1, wherein the acoustic environment data comprises a first data group and at least one second data group, wherein the at least one second group comprises data describing an orientation property of the plurality of properties affecting sound propagation using the orientation representation format, wherein the first data group is selected from the groups consisting of data providing an indication of a predetermined default orientation representation, data indicating a plurality of predetermined angles and data indicating angles on a quantized grid.
The combination of claims 1 and 4 of the patent teaches claim 4 of the application.
Independent claim 1 of the patent anticipates dependent claim 5 of the application.
5. The apparatus of claim 1, wherein the second bits extend a range of values for the first property.
6. The apparatus of claim 5, wherein the second bits increase a resolution of values for the first property.
7. 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.
8. The apparatus of claim 1, wherein the acoustic environment data includes an animation indication for at least a first audio element, wherein the animation indication indicates if at least one property for the first audio element varies during a time interval, wherein the at least one varying property comprises data describing a variation of the at least one varying property.
9. The apparatus of claim 1, wherein the audio elements comprise a plurality of sound effect elements, wherein the plurality of sound effect elements comprises a first sound effect element, wherein the acoustic environment data comprises data linking a user controlled change to the environment with the first sound effect element.
10. The apparatus of claim 1, wherein the acoustic environment data is arranged in consecutive data groups, wherein each data group of the consecutive data groups comprise 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.
11. The apparatus of claim 1, wherein the acoustic environment data is arranged in consecutive data groups, wherein each data group of the consecutive data groups comprise data for a time interval, wherein the bitstream generator circuit is arranged to determine a condition, wherein the condition is true if a property value for a first property of the plurality of properties affecting sound propagation is provided for a default time within a time interval represented by a first data group, wherein the first data group comprises the first property value in the first data group without a time indication if the condition is true, wherein the first data group comprises the first property value in the first data group with a time indication for the first property value if the condition is not true.
12. The apparatus of claim 1, wherein the acoustic environment data for a 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.
Other claims are similar to the claims above.
Potential Allowable Subject Matter
Claims 1, 3-14, and 16-18 are potentially allowed when the double patenting issue is resolved. Examiner had already discussed the similarities between the prior art and the instant invention in a previous communication and in a parent application, now became a US patent. The following is an examiner’s statement of reasons for allowance: The prior art on record, individually or in combination, fail to explicitly disclose subject matters of dependent claims 2-4 and 11-12 that are now incorporated into independent claims. Furthermore, it would not have been obvious to one of ordinary skill in the art to modify the prior art in order to arrive at the claimed invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Habets et al. (USPG 2020/0154229) teach a method for generating an enhanced sound-field description using depth-extended dirac that is considered pertinent to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN X VO whose telephone number is (571)272-7631. The examiner can normally be reached M-F, 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bhavesh Mehta can be reached at 571-272-7453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUYEN X VO/Primary Examiner, Art Unit 2656
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