CTNF 18/896,006 CTNF 79796 Notice of Pre-AIA or AIA Status 07-03-fti AIA The present application is being examined under the pre-AIA first to invent provisions. DETAILED ACTION Double Patenting 08-33 AIA 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 2-21 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of prior U.S. Patent No. 12,126,988, claims 1-22 of prior U.S. Patent No. 11,765,541, claims 1-33 of prior U.S. Patent No. 11,218,829, claims 1-22 of prior U.S. Patent No. 10,080,095 and claims 1-23 of prior U.S. Patent No. 9,596,555. Although the claims at issue are not identical, they are not patentably distinct from each other because claim in the pending application is broader than the one in patents. For example, the subject matter claimed in claim 1 of the pending application is covered by claim 1 of each of the patents. For example, claim 2 of the pending application is covered by claim 1 of prior U.S. Patent No. 12,126,988 except for output the first adjusted audio data and the second adjusted audio data to enable the first and second speakers to produce an effect of three-dimensional sound to the user. Similarly, claim 2 of the pending application is covered by claim 1 of prior U.S. Patent No. 11,765,541 except for first and second audio data for two different respective channels. Similarly, claim 1 of the pending application is covered by claim 1 of prior U.S. Patent No. 11,218,829 except for first and second audio data for two different respective channels. Similarly, claim 2 of the pending application is covered by claim 1 of prior U.S. Patent No. 10,080,095 except for said processor to use video analysis to determine a position and angulation of the user's head. Similarly, claim 1 of the pending application is covered by claim 1 of prior U.S. Patent No. 9,596,555 except for wherein, adjusting the sound includes adjusting latency of audio streams produced by said processor based system, based on the distance of the user from the display and the orientation of the user's head relative to the display. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 2-21 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Ek et al. (US Pub. No. 2014/0010391) . Regarding claim 2, with respect to Figures 1-11, Ek teaches apparatus comprising: at least one sensor to collect data associated with movement of a head of a user (abstract; fig.1, 6; paragraphs 0002, 0008, 0011, 0016, 0068, 0070); instructions (fig.4, 5; paragraphs 0056, 0061, 0114); at least one processor circuit programmed by the instructions to repeatedly: adjust an audio stream based on positions and orientations of the head associated with the collected data (abstract; fig.1, 6; paragraphs 0016, 0033, 0034, 0068, 0070) (Note; Since the user turns at different points, the system determines overall direction of the user’s gaze. It clearly means that the system repeatedly adjusts the audio (see paragraphs 0068).); and activate a media presentation device 104 in fig.1 (e.g., headphone, an ear bud, etc.) [i.e., first transducer and a second transducer] based on the audio stream, adjustment of the audio stream to cause the user to perceive a sound at a localized point in three-dimensional space relative to the user regardless of the movement of the head of the user (abstract; fig.1, 6; paragraphs 0002, 0011, 0016, 0033-0035, 0068, 0070). Regarding claims 3 and 10, Ek teaches wherein the processor circuitry is to track the movement of the head of the user by determining at least one of a position or an orientation of the head of the user (fig.1, 6; paragraphs 0002, 0011, 0016, 0033, 0034, 0068, 0070). Regarding claims 4 and 11, Ek teaches wherein one or more of the at least one processor circuit is to adjust the audio stream based on at least one of a latency or an amplitude (paragraphs 0003, 0009, 0033). Regarding claims 5, 12 and 18, Ek teaches wherein one or more of the at least one processor circuit is to cause presentation of an audio-visual or (AV) data [i.e., video stream] on a display, the audio stream associated with the video stream (fig.1; paragraphs 0001, 0033, 0034). Regarding claims 6, 13 and 19, Ek teaches wherein the point in the three-dimensional space is associated with a position of the display (abstract; fig.1, 6; paragraphs 0002, 0011, 0016, 0033-0035, 0068, 0070). Regarding claims 7, 14 and 20, Ek teaches wherein the point in the three-dimensional space is defined by an application that generates the audio stream (fig.10, 31; paragraphs 0016, 0027, 0031-0033, 0044, 0145,0169). Regarding claims 8 and 15, Ek teaches wherein the at least one sensor includes a camera (fig.4, 11; paragraphs 0037, 0052, 0054, 0057, 0063, 0076, 0105). Claim 9 is rejected for the same reasons as discussed above with respect to claim 1. Furthermore, Ek teaches at least one storage device comprising instructions to cause at least one processor circuit to at least: access data (fig.4, 5; paragraphs 0008-0010, 0033-0035, 0056, 0061, 0114). Claim 16 is rejected for the same reasons as discussed above with respect to claim 1. Furthermore, Ek teaches an apparatus comprising: memory; instructions; at least one processor circuit programmed by the instructions to: determine (fig.4, 5; paragraphs 0008-0010, 0033-0035, 0056, 0061, 0114). Claim 17 is rejected for the same reasons as discussed above with respect to claims 3 and 4. Regarding claim 21, Ek teaches wherein one or more of the at least one processor circuit is to determine the position and the orientation of the head of the user based on an input from a camera (fig.4, 11; paragraphs 0037, 0052, 0054, 0057, 0063, 0076, 0105). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MD S ELAHEE whose telephone number is (571)272-7536. The examiner can normally be reached on Monday thru Friday; 8:30AM to 5:00PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FAN TSANG can be reached on 571-272-7547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MD S ELAHEE/ MD SHAFIUL ALAM ELAHEE Primary Examiner Art Unit 2694 May 16, 2026 Application/Control Number: 18/896,006 Page 2 Art Unit: 2694 Application/Control Number: 18/896,006 Page 3 Art Unit: 2694 Application/Control Number: 18/896,006 Page 5 Art Unit: 2694 Application/Control Number: 18/896,006 Page 6 Art Unit: 2694 Application/Control Number: 18/896,006 Page 7 Art Unit: 2694
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