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 .
Election/Restrictions
Applicant’s election without traverse of Invention II, including claims 34-35, 70, and 72, in the reply filed on 4/27/2026 is acknowledged.
Claim Interpretation
3. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Regarding claims 34-35 and 73-84, claim limitation “processing module” has been interpreted under 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, because it uses a non-structural term “module" coupled with functional language “assign,” “associate,” and “generate” without reciting sufficient structure to achieve the function. Furthermore, the non-structural term is not preceded by a structural modifier.
Since this claim limitation invokes 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, claims 34-35 and 73-84 are interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
If applicant does not wish to have the claim limitation treated under 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, applicant may amend the claim so that it will clearly not invoke 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, or present a sufficient showing that the claim recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. § 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
4. 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.
5. 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.
6. Claims 34-35, 70, and 72-76 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nurmukhanov et al. (US Pub. 20160210972).
Regarding claim 34, Nurmukhanov discloses an apparatus for rendering (see paragraphs 13-14), wherein the apparatus comprises:
a processing module configured to assign each loudspeaker of the two or more loudspeakers to one or more loudspeaker subset groups of the two or more loudspeaker subset groups depending on one or more capabilities and/or a position of said loudspeaker, wherein at least one of the two or more loudspeakers is associated with fewer than all of the two or more loudspeaker subset groups (see paragraphs 30-31; claims 1 and 2),
wherein the processing module is configured to associate each audio object signal of two or more audio object signals with at least one of two or more loudspeaker subset groups depending on a property of the audio object signal, such that at least one of the two or more audio object signals is associated with fewer than all of the two or more loudspeaker subset groups (see paragraphs 49-50),
wherein, for each loudspeaker subset group of the two or more loudspeaker subset groups, the processing module is configured to generate for each loudspeaker of said loudspeaker subset group a loudspeaker component signal for each audio object of those of the two or more audio objects which are associated with said loudspeaker subset group depending on a position of said loudspeaker and depending on a position of said audio object (see paragraphs 30-31 and 116-119; claims 1 and 2),
wherein the processing module is configured to generate a loudspeaker signal for each loudspeaker of at least one of the two or more loudspeakers by combining all loudspeaker component signals of said loudspeaker of all loudspeaker subset groups to which said loudspeaker is assigned (see paragraphs 116-119).
Regarding claim 35, Nurmukhanov discloses an apparatus according to claim 34, as discussed above, wherein one or more of the two or more loudspeakers is associated with at least two loudspeaker subset groups of the two or more loudspeaker subset groups (see paragraph 118).
Regarding claim 70, the claimed limitations are a method claim directly corresponding to the apparatus of claim 34; therefore, is rejected for the significantly the similar reasons as claim 34, as discussed above.
Regarding claim 72, the claimed limitations are a non-transitory digital storage medium claim directly corresponding to the apparatus of claim 34; therefore, is rejected for the significantly the similar reasons as claim 34, as discussed above.
Regarding claim 73, Nurmukhanov discloses an apparatus according to claim 34, as discussed above, wherein one or more of the two or more loudspeakers is associated with every loudspeaker subset group of the two or more loudspeaker subset groups (see paragraph 119).
Regarding claim 74, Nurmukhanov discloses an apparatus according to claim 34, as discussed above, wherein the apparatus comprises an interface configured for receiving metadata information on the one or more capabilities and/or the position of at least one of the two or more loudspeakers (see paragraph 56).
Regarding claim 75, Nurmukhanov discloses an apparatus according to claim 34, as discussed above, wherein the two or more loudspeakers comprise at least three loudspeakers (see paragraph 118).
Regarding claim 76, Nurmukhanov discloses an apparatus according to claim 34, as discussed above, wherein the processing module is configured to associate each audio object signal of two or more audio object signals with exactly one of the two or more loudspeaker subset groups (see paragraph 30).
Allowable Subject Matter
7. Claims 77-84 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
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL KIM whose telephone number is (571)270-7697. The examiner can normally be reached 9 AM - 5 PM, PST.
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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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/PAUL KIM/Primary Examiner, Art Unit 2695
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