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 .
Response to Arguments
Applicant's arguments filed 6 June 2026 have been fully considered but they are not persuasive.
Applicant argues that Koppens does not disclose a bitstream comprising an identifier identifying “at least two acoustic environments”. Applicant asserts that Koppens “primarily includes metadata relating to the acoustic environment, including an indicator specifying whether the bitstream comprises a data group describing a frequency grid”. However, Applicant does not cite any particular portions of Koppens to support this assertion.
As cited in the rejection, paragraph [0216] of Koppens discloses these elements. In particular, Koppens discloses a bitstream that includes “acdID”, which is the ID of the acoustic environment definition. Furthermore, the bitstream includes “acdNrElements”, which indicates the number of acoustic environments defined and wherein an “acdID” is provided for each “acdNrElements”. Still further, each “acdID” is further associated with an “acdParentID”, which is the ID of the parent of the acoustic environment definition in the scene graph. Koppens therefore clearly discloses a bitstream comprising “at least two acoustic environments”, as recited in claims 9 and 18.
The amendments to claims 9 and 18 also raise new issues under 35 U.S.C. 112(b). Applicant’s amendments necessitated the new grounds of rejection.
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 9-13, 18-20, and 22 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.
Claim 9 recites the limitation "the at least two acoustic environments" in lines 6-7 of the claim. There is insufficient antecedent basis for this limitation in the claim. That is, the preamble the claim in lines 1-2 of the claim recite “at least one acoustic environment”, therefore “the at least two acoustic environments” lacks antecedent basis.
Claim 18 recites similar limitations and is rejected for the same reasons as claim 9.
Claims 10-13 are rejected for their dependence on claim 9.
Claims 19-20 and 22 are rejected for their dependence on claim 18.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 9, 12-13, 18, and 22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Koppens (U.S. Patent Application Pub. No. 2024/0267693).
In regard to claim 9, Koppens discloses an apparatus for assisting spatial rendering in at least one acoustic environment (see Fig. 3), the apparatus comprising:
at least one processor (paragraph [0269]); and
at least one memory (paragraph [0269]) storing instructions that, when executed, with the at least one processor, cause the apparatus at least to:
obtain a bitstream (receiver 301 receives a bitstream, paragraph [0090]), the bitstream comprising: an identifier identifying the at least one acoustic environment (ID of the acoustic environment, paragraph [0216]); information defining at least one dimension of the at least one acoustic environment (geometric elements describing the region, paragraph [0216]); and a reverberation parameter part (reverberation properties, paragraph [0216]) comprising one of: an encoded at least one frequency band data or an encoded at least one reverberation parameter (offset and T60 times from diffuse to source energy ratios, provided per frequency, paragraph [0216]; note that the claim merely requires one of encoded frequency band data or encoded at least one reverberation parameter and that the reverberation parameters of Koppens could be considered one of encoded frequency band data (because the parameters are provided for a plurality of frequences) or reverberation parameters (because they provide, e.g. T60 times));
decode the reverberation parameter part to generate decoded reverberation parameters (metadata processor 305 extracts the metadata including reverberation parameters from the bitstream, paragraph [0093]);
obtain reverberator parameters from the decoded reverberation parameters (reverberation parameters are obtained from the metadata, paragraphs [0093-0094]);
initialize at least one reverberator based on the reverberator parameters (a decoder creates reverberation properties provided by the reverberation parameters, paragraph [0094]);
obtain at least one input audio signal associated with the at least one acoustic environment (audio data processor 303 extracts audio data from the bitstream, paragraph [0091]); and
generate an output audio signal based on the application of the at least one reverberator to the at least one input audio signal (renderer 307 generates an audio signal with reverberation representing the reverberation properties, paragraph [0094]).
In regard to claim 12, Koppens discloses an indicator indicating that the reverberator parameters are to be determined from at least one reverberation parameter encoded into a scene payload (a flag indicating whether acoustic environment data is present, paragraph [0216]).
In regard to claim 13, Koppens discloses to initialize the at least one reverberator using the at least one reverberator parameter independent on whether at least one acoustic environment is a virtual acoustic environment or an augmented reality acoustic environment (VR and AR environments are not distinguished, paragraphs [0005] and [0012]).
In regard to claim 18, Koppens discloses a method for an apparatus for assisting spatial rendering in at least one acoustic environment (see Fig. 3), the method comprising:
obtaining a bitstream (receiver 301 receives a bitstream, paragraph [0090]), the bitstream comprising: an identifier identifying the at least one acoustic environment (ID of the acoustic environment, paragraph [0216]); information defining at least one dimension of the at least one acoustic environment (geometric elements describing the region, paragraph [0216]); and a reverberation parameter part (reverberation properties, paragraph [0216]) comprising one of: an encoded at least one frequency band data or an encoded at least one reverberation parameter (offset and T60 times from diffuse to source energy ratios, provided per frequency, paragraph [0216]; note that the claim merely requires one of encoded frequency band data or encoded at least one reverberation parameter and that the reverberation parameters of Koppens could be considered one of encoded frequency band data (because the parameters are provided for a plurality of frequences) or reverberation parameters (because they provide, e.g. T60 times));
decoding the reverberation parameter part to generate decoded reverberation parameters (metadata processor 305 extracts the metadata including reverberation parameters from the bitstream, paragraph [0093]);
obtaining reverberator parameters from the decoded reverberation parameters (reverberation parameters are obtained from the metadata, paragraphs [0093-0094]);
initializing at least one reverberator based on the reverberator parameters (a decoder creates reverberation properties provided by the reverberation parameters, paragraph [0094]);
obtaining at least one input audio signal associated with the at least one acoustic environment (audio data processor 303 extracts audio data from the bitstream, paragraph [0091]); and
generating an output audio signal based on the application of the at least one reverberator to the at least one input audio signal (renderer 307 generates an audio signal with reverberation representing the reverberation properties, paragraph [0094]).
In regard to claim 22, Koppens discloses initializing the at least one reverberator using the at least one reverberator parameter independent on whether at least one acoustic environment is a virtual acoustic environment or an augmented reality acoustic environment (VR and AR environments are not distinguished, paragraphs [0005] and [0012]).
Allowable Subject Matter
Claims 1-2, 4-8, and 14-17 are allowed.
The following is an examiner’s statement of reasons for allowance:
Claim 1 is directed to an apparatus for encoding an audio signal, wherein the apparatus obtains at least one reverberation parameter, converts the reverberation parameter into at least one frequency band data, compares resources required to transmit encoded frequency band data and encoded at least one reverberation parameter, and generates a bitstream that includes one or more of the encoded frequency band data and encoded at least one reverberation parameter based on the comparison.
As noted above, Koppens discloses reverberation parameters that are provided for plurality of frequencies. The frequencies are provided as indexes in a list of frequency grids defined in FreqGridData() (paragraph [0216]). The frequency grid data contains frequency grid definitions that can be referenced by index by any of the parameters in the bitstream (paragraphs [0167-0168]). The frequency grid may be defined based on octaves (paragraph [0074]). As disclosed by Koppens, using the frequency grid provides a “flexible approach” that allows the encoder “the freedom to select a format for the description of the frequency grid that is particularly suitable for the specific properties and their specific frequency dependency” (paragraphs [0185-0188]). Encoding the reverberation data according to the frequency grid, therefore, would encode the reverberation data in a flexible manner, where the reverberation parameters could be encoded according to octave bands (“frequency band data”) or at arbitrary frequencies.
However, Koppens does not disclose or suggest to encode reverberation parameters as both frequency band data and as a reverberation parameter, and then comparing the resources required to transmit the encoded frequency band data and encoded reverberation parameter, as required by claim 1.
The general concept of comparing different methods of encoding data according to the resources required is well known. For example, Norvell et al. (U.S. Patent Application Pub. No. 2025/0063162) disclose a method performed in an encoder that determines a bitrate for a predictive encoding mode and absolute encoding mode and selects one of the coding modes based on the comparison (see Abstract).
However, the prior art of record do not disclose or suggest the application of this general concept to select between reverberation parameter data encoded as frequency band data or encoded as a reverberation parameter, as required by claim 1.
Claim 14 recites similar limitations as claim 1, and is allowed for the same reasons as claim 1.
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
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN LOUIS ALBERTALLI whose telephone number is (571)272-7616. The examiner can normally be reached M-F 8AM-3PM, 4PM-5PM.
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BLA 8/20/26
/BRIAN L ALBERTALLI/Primary Examiner, Art Unit 2656
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