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 .
DETAILED ACTION
Response to Arguments
Applicant’s arguments with respect to the pending claims have been considered but are moot because of the new ground of rejection below.
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 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) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over GORZEL (US 2016/0134988 A1) in view of SCHMIDT (US 2019/0116448 A1).
GORZEL discloses a method comprising:
receiving, via the audio service, a first input audio signal associated with the first client application (a centralized audio renderer (AmbisonicRenderer) that receives multiple mono input audio signals from distinct virtual objects/sources, each treated as a separate client input), [0020], [0049], [0054], (Fig. 6).
in accordance with a determination that the difference does not exceed the threshold, applying the second acoustic data to the first input audio signal to produce a first output audio signal and in accordance with a determination that the difference exceeds the threshold, applying the first acoustic data to the first input audio signal to produce the first output audio signal (applying shared or parameterized acoustic data (room effects, HRTFs/HRIRs, RIRs, directional and diffuse components) to input audio signals across multiple sources), [0037]-[0038], [0049], [0059], [0087]-[0088].
presenting the first output audio signal to a user of a wearable head device in communication with the audio service (binaural output delivered to headphones on a head-mounted VR device), [0041]-[0044], [0063]).
Gorzel further teaches that acoustic data can be shared or parameterized across multiple sources for computational efficiency, including parameterization of room impulse responses into directional and diffuse components and analysis of diffuseness, [0009], [0017], [0038], [0041], [0058]-[0067], [0071].
Gorzel does not expressly disclose determining whether a difference between first acoustic data and second acoustic data exceeds a threshold, wherein the first acoustic data is associated with a first client application in communication with an audio service, the second acoustic data is associated with a second client application in communication with the audio service, and determining the difference comprises comparing values of each of one or more acoustic characteristics included in the first acoustic data and the second acoustic data; and the conditional application of the second acoustic data (or the first acoustic data) to the first input audio signal based on that determination.
SCHMIDT teaches a mixed-reality spatial audio system that maintains and applies different acoustic data based on room/environment by identifying an acoustic region (room) associated with the user’s location and determines a first acoustic parameter associated with that region (first acoustic data), [0007], [0079], (claim 1) and determines acoustic parameters associated with adjacent or connected rooms (second acoustic data) using an acoustic graph structure that models acoustically connected rooms, [0091]-[0093], (Fig. 20). When the user (or a character) moves into a second room, or when sound originating in one room is to be heard in another, Schmidt determines composite acoustic parameters based on the relationship between the rooms and applies a transfer function derived from the acoustic parameters of the second room (or the composite parameters) to the audio signal, [0007], [0064], (claim 11). The acoustic parameters include values of acoustic characteristics (e.g., reverberation, absorption, transmission) that differ between rooms; the system compares and selects/applies the appropriate set of characteristics when the location changes [0088]-[0092]. The system is implemented with a wearable mixed-reality headgear unit, [0040].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gorzel’s centralized multi-source audio service by incorporating Schmidt’s teaching of distinct acoustic parameters associated with different rooms/environments and the adaptation of the audio signal by applying the second room’s acoustic data when the difference in acoustic characteristics arises from a transition into a second room and would have been motivated to do so in order to provide realistic, location-dependent spatial audio when a character or listener moves between rooms having different sound properties.
2. GORZEL and SCHMIDT discloses the method of claim 1, wherein: the first acoustic data is associated with a location of the user in a virtual environment; and presenting the first output audio signal comprises presenting the output audio signal via a speaker of the wearable head device, concurrently with presenting a view of the virtual environment via a display of the wearable head device, GORZEL, [0020], [0035], [0038], [0041], [0047].
3. GORZEL and SCHMIDT discloses the method of claim 1, further comprising: receiving, via the audio service, a second input audio signal associated with the second client application; applying the second acoustic data to the second input audio signal to produce a second output audio signal; and presenting the second output audio signal to the user of the wearable head device, concurrently with presenting the first output audio signal to the user of the wearable head device, GORZEL, [0006], [0012], [0020].
4. GORZEL and SCHMIDT discloses the method of claim 1, wherein: determining whether the difference between the second acoustic data and the first acoustic data exceeds the threshold comprises determining a difference between a first test audio signal and a second test audio signal; the first test audio signal is associated with one or more of the first client application and the first acoustic data; and the second test audio signal is associated with one or more of the second client application and the second acoustic data, (the combination evaluates acoustic characteristics of the respective room parameters), SCHMIDT [0007], [0088]-[0093].
5. GORZEL and SCHMIDT discloses the method of claim 1, wherein: determining whether the difference between the second acoustic data and the first acoustic data exceeds the threshold comprises: determining whether the first acoustic data is based on a shared acoustic data; and determining whether the second acoustic data is based on the shared acoustic data, SCHMIDT [0007], [0088]-[0093].
6. GORZEL and SCHMIDT discloses the method of claim 1, wherein: the first acoustic data is based on a shared acoustic data and on a first client-specific acoustic data; the second acoustic data is based on the shared acoustic data and on a second client-specific acoustic data; and determining whether the difference between the second acoustic data and the first acoustic data exceeds the threshold comprises determining a difference between the first client- specific acoustic data and the second client-specific acoustic data, SCHMIDT [0007], [0088]-[0093].
7. GORZEL and SCHMIDT discloses the method of claim 1, wherein: the threshold is further based on a perceptual tolerance threshold; the difference between the second acoustic data and the first acoustic data comprises a perceptual difference; and the perceptual tolerance threshold is determined based on an availability of computational resources, SCHMIDT [0007], [0088]-[0093].
8-14. GORZEL and SCHMIDT discloses a system comprising: a wearable head device comprising a speaker; and one or more processors configured to perform a method comprising: determining a difference between first acoustic data and second acoustic data, wherein: the first acoustic data is associated with a first client application in communication with an audio service, the second acoustic data is associated with a second client application in communication with the audio service, determining the difference comprises comparing values of each of one or more acoustic characteristics included in the first acoustic data and the second acoustic data, and the audio service is in communication with the wearable head device; determining whether the difference between the first acoustic data and the second acoustic data exceeds a threshold; receiving, via the audio service, a first input audio signal associated with the first client application; in accordance with a determination that the difference does not exceed the threshold, applying the second acoustic data to the first input audio signal to produce a first output audio signal; in accordance with a determination that the difference exceeds the threshold, applying the first acoustic data to the first input audio signal to produce the first output audio signal; and presenting the first output audio signal via the speaker as similarly discussed above.
15-20. GORZEL and SCHMIDT discloses a non-transitory computer-readable medium storing instructions which, when executed by one or more processors, cause the one or more processors to perform a method comprising: determining a difference between first acoustic data and second acoustic data, wherein: the first acoustic data is associated with a first client application in communication with an audio service, the second acoustic data is associated with a second client application in communication with the audio service, and determining the difference comprises comparing values of each of one or more acoustic characteristics included in the first acoustic data and the second acoustic data; determining whether the difference between the first acoustic data and the second acoustic data exceeds a threshold; receiving, via the audio service, a first input audio signal associated with the first client application; in accordance with a determination that the difference does not exceed the threshold, applying the second acoustic data to the first input audio signal to produce a first output audio signal; in accordance with a determination that the difference exceeds the threshold, applying the first acoustic data to the first input audio signal to produce the first output audio signal; and presenting the first output audio signal to a user of a wearable head device in communication with the audio service as similarly discussed above.
Filing of New or Amended Claims
The examiner has the initial burden of presenting evidence or reasoning to explain why persons skilled in the art would not recognize in the original disclosure a description of the invention defined by the claims. See Wertheim, 541 F.2d at 263, 191 USPQ at 97 (“[T]he PTO has the initial burden of presenting evidence or reasons why persons skilled in the art would not recognize in the disclosure a description of the invention defined by the claims.”). However, when filing an amendment an applicant should show support in the original disclosure for new or amended claims. See MPEP § 714.02 and § 2163.06 (“Applicant should specifically point out the support for any amendments made to the disclosure.”). Please see MPEP 2163 (II) 3. (b)
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SENG H LIM whose telephone number is (571)270-3301. The examiner can normally be reached Monday-Friday (9-5).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai can be reached at (571) 272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Seng H Lim/Primary Examiner, Art Unit 3715
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