CTNF 18/916,598 CTNF 87634 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement 06-52 The information disclosure statement (IDS) was submitted on 10/15/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 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 § 2146 et seq. 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). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-36 AIA Claim s 2 and 8-10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1 and 3-5 of U.S. Patent No. 11671779 in view of Koppens et al. (US 20150350801 A1 – Cited IDS) . Claims 1 and 3-5 of US 11671779 teach most of the recited limitations in claims 2 and 8-10 of the instant application except the limitation “the directionally-controlled reflections of the BRIR correspond to one or more of early reflections and late reflections”. However, the concept of using a synthesis reverberator to create one or more early reflections and late reflections for BRIR processing is well-known as teaching in Koppens (Fig. 9 and para [0124]-[0127]). It would have been obvious to a person of ordinary skill in the art at the time before the effective filling date of the claimed invention to modify claims 1 and 3-5 of US 11671779 in view of Koppens to have the reflections including one or more of early reflections and late reflections. The motivation is to provide a high quality spatial audio output sound via a headphone for a specific acoustic environment or sound scene . Allowable Subject Matter Claims 2-10 are allowed if the Double Patenting rejections are addressed persuasively. 13-03 AIA The following is an examiner’s statement of reasons for allowance: Regarding independent claim 2 : the prior art of record individually or in any combination fails to teach a specific method of generating left-ear and right-ear binaural signals for an immersive audio experience, the method comprising: convolving each of one or more audio input signals with one or more components of a BRIR corresponding to the sound source location to obtain left-ear and right-ear intermediate signals, wherein at least one of said components of the BRIR comprises directionally-controlled reflections that impart a particular perceptual cue to said one or more audio input signals respectively, the particular perceptual cure being selected from a plurality of perceptual cues, wherein the directionally controlled reflections are generated using a directional pattern which describes how directions of arrival of the directionally-controlled reflections change in relation to a direction of the sound source location as a function of time. Regarding independent claims 9 and 10 : these claims recite the corresponding computing device and non-transitory computer-readable medium storing instructions that executing the method of claim 2 and allowed under the same reasons that applied to claim 2 . 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 Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID L TON whose telephone number is (571)270-7839. The examiner can normally be reached Monday - Friday 8:00 AM - 6:00 PM (EST). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DAVID L TON/Primary Examiner, Art Unit 2695 Application/Control Number: 18/916,598 Page 2 Art Unit: 2695 Application/Control Number: 18/916,598 Page 3 Art Unit: 2695 Application/Control Number: 18/916,598 Page 4 Art Unit: 2695 Application/Control Number: 18/916,598 Page 5 Art Unit: 2695 Application/Control Number: 18/916,598 Page 6 Art Unit: 2695
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