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 .
Status of Application
This communication is responsive to the applicant's preliminary amendment filed 08/27/2024.
Claims 21-40 are pending. Claims 1-20 have been cancelled.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 21-40 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,785,408. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 21-40 of the current Application are broader than claims 1-20 in the patent. See 214 U.S.P.Q. 761 In re Van Ornum and Stanz.
Below is a chart showing the similarities and differences of instant application apparatus independent claims 21, 35, 29; and U.S. Patent No. 11,785,408, apparatus independent claims 17, 20, and 1.
Dependent claims 22-28; 30-33; and 36-40 are substantially worded in similarities and with specific arrangement to depending on their respective independent claims as dependent claims 2-12; 14-16; and 18-19 of U.S. Patent No. 11,785,408.
U.S. Patent No. 11,785,408
18/816,294
17. An apparatus for spatial audio signal processing, the apparatus comprising at least one processor and at least one non-transitory memory including a computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus at least to:
determine, for two or more playback audio signals, at least one spatial audio parameter for providing spatial audio reproduction, wherein the two or more playback audio signals are configured to reproduce a sound scene;
determine at least one transport signal based, at least partially, on the two or more playback audio signals, wherein a fewer number of channels are associated with the at least one transport signal than with the two or more playback audio signals;
determine between the two or more playback audio signals at least one coherence parameter for at least two frequency bands based, at least partially, on the two or more playback audio signals,
wherein the sound scene is configured to be reproduced based on the at least one spatial audio parameter, the at least one transport signal, and the at least one coherence parameter; and
provide the at least one spatial audio parameter, the at least one transport signal, and the at least one coherence parameter for encoding.
20. An apparatus for spatial audio signal processing, the apparatus comprising at least one processor and at least one non-transitory memory including a computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus at least to:
receive at least one transport signal, the at least one transport signal based on two or more playback audio signals, wherein the two or more playback audio signals are configured to reproduce a sound scene, wherein a fewer number of channels are associated with the at least one transport signal than with the two or more playback audio signals;
receive at least one coherence parameter for at least two frequency bands, the at least one coherence parameter based on the two or more playback audio signals; and
receive at least one spatial audio parameter for providing spatial audio reproduction; and
reproduce the sound scene based on the at least one transport signal, the at least one spatial audio parameter, and the at least one coherence parameter.
1. A method for spatial audio signal processing, comprising:
determining, for two or more playback audio signals, at least one spatial audio parameter for providing spatial audio reproduction, wherein the two or more playback audio signals are configured to reproduce a sound scene;
determining at least one transport signal based, at least partially, on the two or more playback audio signals, wherein a fewer number of channels are associated with the at least one transport signal than with the two or more playback audio signals;
determining between the two or more playback audio signals at least one coherence parameter for at least two frequency bands based, at least partially, on the two or more playback audio signals, wherein the sound scene is configured to be reproduced based on the at least one spatial audio parameter, the at least one transport signal, and the at least one coherence parameter; and
providing the at least one spatial audio parameter, the at least one transport signal, and the at least one coherence parameter for encoding.
21. An apparatus comprising:
at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus at least to:
determine, for two or more audio signals, at least one spatial audio parameter for providing spatial audio reproduction, wherein the two or more audio signals are configured to reproduce a sound scene, wherein the at least one spatial audio parameter comprises, at least, at least one coherence parameter;
determine at least one transport signal based, at least partially, on the two or more audio signals, wherein a fewer number of channels are associated with the at least one transport signal than with the two or more audio signals,
wherein the sound scene is configured to be reproduced based, at least partially, on the at least one transport signal and at least the at least one coherence parameter; and
encode at least the at least one coherence parameter and the at least one transport signal.
35. An apparatus comprising: at least one processor; and at least one memory storing instructions that, when executed with the at least one processor, cause the apparatus at least to:
receive at least one transport signal, the at least one transport signal based on two or more audio signals, wherein the two or more audio signals are configured to reproduce a sound scene, wherein a fewer number of channels are associated with the at least one transport signal than with the two or more audio signals;
receive at least one spatial audio parameter for providing spatial audio reproduction, wherein the at least one spatial audio parameter comprises, at least, at least one coherence parameter; and reproduce the sound scene based on, at least, the at least one transport signal and at least the at least one coherence parameter.
29. A method comprising:
determining, for two or more audio signals, at least one spatial audio parameter for providing spatial audio reproduction, wherein the two or more audio signals are configured to reproduce a sound scene, wherein the at least one spatial audio parameter comprises, at least, at least one coherence parameter;
determining at least one transport signal based, at least partially, on the two or more audio signals, wherein a fewer number of channels are associated with the at least one transport signal than with the two or more audio signals, wherein the sound scene is configured to be reproduced based, at least partially, on the at least one transport signal and at least the at least one coherence parameter; and
encoding at least the at least one coherence parameter and the at least one transport signal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Issued patent to Laitinen et al, US-12,114,146, for parent application 18/237,618 is are made of record here as pertinent art to the claimed invention.
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/XU MEI/ Primary Examiner, Art Unit 2695 03/06/2026