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 .
This office action is in response to applicant’s amendment dated 1/16/2025, claim 1 was cancelled and claims 2-4 were newly introduced. Accordingly claims 2-4 are currently pending in the application.
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 § 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.
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Claims 2-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6 of U.S. Patent No. 12149918. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the application under examination are broader than the claims of the patent as shown in the claim mapping table below:
Application Under Examination
U.S. Patent No. 12149918
2. (New) A virtual reality audio renderer for rendering audio in a virtual reality rendering environment, wherein the virtual reality audio renderer comprises: a renderer configured to render an origin audio signal of an origin audio source of an origin audio scene from an origin source position of a listener; and one or more processor(s) configured to:- determine that the listener moves from the origin source position within the origin audio scene to a listening position within a different destination audio scene;- responsive to the determination that the listener moves from the listening position within the origin audio scene to the listening position within the destination audio scene, apply a fade-out gain to the origin audio signal to determine a modified origin audio signal; and- render the modified origin audio signal of the origin audio source around the listening position.
6. (Original) A system for rendering audio in a virtual reality rendering environment using an audio renderer for rendering three degrees of freedom (3DoF), the system comprising: a first renderer for rendering, by the audio renderer, an origin audio signal of an origin audio source of an origin audio scene from an origin source position on a sphere around an origin listening position of a listener within a virtual reality rendering environment; a first processor for determining existence of movement of the listener, wherein the movement is within the virtual reality rendering environment from the origin listening position within the origin audio scene to a destination listening position within a destination audio scene; a second processor for determining, based on the determination of the movement, a modified origin audio signal by applying a fade-out gain to the origin audio signal; a third processor for determining a destination audio signal of a destination audio source of the destination audio scene; a fourth processor for determining a destination source position on the sphere around the destination listening position; a fifth processor for applying a fade-in gain to the destination audio signal to determine a modified destination audio signal; and a second renderer for rendering, by the audio renderer, the modified origin audio signal of the origin audio source from the origin source position on a sphere around the origin listening position.
3. (New) An encoder configured to generate a bitstream indicative of an audio signal to be rendered within a virtual reality rendering environment, the encoder comprising: one or more processor(s) configured to:- determine an origin audio signal of an origin audio source of an origin audio scene;- determine origin position data regarding an origin source position of the origin audio source;- generate the bitstream comprising the origin audio signal and the origin position data;- receive an indication that a listener moves from the origin audio scene to a destination audio scene within the virtual reality rendering environment;- determine a destination audio signal of a destination audio source of the destination audio scene; - determine destination position data regarding a destination source position of the destination audio source; and - generate a bitstream comprising the destination audio signal and the destination position data.
6. (Original) A system for rendering audio in a virtual reality rendering environment using an audio renderer for rendering three degrees of freedom (3DoF), the system comprising: a first renderer for rendering, by the audio renderer, an origin audio signal of an origin audio source of an origin audio scene from an origin source position on a sphere around an origin listening position of a listener within a virtual reality rendering environment; a first processor for determining existence of movement of the listener, wherein the movement is within the virtual reality rendering environment from the origin listening position within the origin audio scene to a destination listening position within a destination audio scene; a second processor for determining, based on the determination of the movement, a modified origin audio signal by applying a fade-out gain to the origin audio signal; a third processor for determining a destination audio signal of a destination audio source of the destination audio scene; a fourth processor for determining a destination source position on the sphere around the destination listening position; a fifth processor for applying a fade-in gain to the destination audio signal to determine a modified destination audio signal; and a second renderer for rendering, by the audio renderer, the modified origin audio signal of the origin audio source from the origin source position on a sphere around the origin listening position.
4. (New) A method for generating a bitstream indicative of an audio signal to be rendered within a virtual reality rendering environment, the method comprising: determining an origin audio signal of an origin audio source of an origin audio scene; determining origin position data regarding an origin source position of the origin audio source; generating a bitstream comprising the origin audio signal and the origin position data; receiving an indication that a listener moves from the origin audio scene to a destination audio scene within the virtual reality rendering environment; determining a destination audio signal of a destination audio source of the destination audio scene; determining destination position data regarding a destination source position of the destination audio source; and generating a bitstream comprising the destination audio signal and the destination position data.
1. (Original) A method for rendering audio in a virtual reality rendering environment using an audio renderer for rendering three degrees of freedom (3DoF), the method comprising: rendering, by the audio renderer, an origin audio signal of an origin audio source of an origin audio scene from an origin source position on a sphere around an origin listening position of a listener within a virtual reality rendering environment; determining existence of movement of the listener, wherein the movement is within the virtual reality rendering environment from the origin listening position within the origin audio scene to a destination listening position within a destination audio scene; determining, based on the determination of the movement, a modified origin audio signal by applying a fade-out gain to the origin audio signal; determining a destination audio signal of a destination audio source of the destination audio scene; determining a destination source position on the sphere around the destination listening position; applying a fade-in gain to the destination audio signal to determine a modified destination audio signal; and rendering, by the audio renderer, the modified origin audio signal of the origin audio source from the origin source position on a sphere around the origin listening position.
Allowable Subject Matter
Claims 2-4 would be allowed if the nonstatutory double patenting rejection is overcome.
Most relevant prior art of record is Thagadur Shivappa (US 20170295446 A1) hereinafter Shivappa.
Regarding claim 2, Shivappa teaches a virtual reality audio renderer for rendering audio in a virtual reality rendering environment (“As described further herein, spatialized audio signals may be rendered using three-dimensional (3D) rendering techniques to cause the audio device 102 to output the auditory sounds.” in ¶[0026]), wherein the virtual reality audio renderer comprises: a renderer configured to render an origin audio signal of an origin audio source of an origin audio scene from an origin source position of a listener (“the spatialized audio signal is rendered within a certain audio scene, i.e. the sound appears to come from a certain direction and distance around the user, which is regarded as being positioned on the surface of a "virtual" origin sphere” in ¶[0036]); and one or more processor(s) configured to:- determine that the listener moves from the origin source position within the origin audio scene to a listening position within a different destination audio scene(“in response to receiving the second predicted position data, the processor 106 may begin storing frames from the first processed spatialized audio signal 242 and the second processed spatialized audio signal 244 in the audio buffers 262. Output data corresponding to the frames from the two processed spatialized audio signals may be stored in the audio buffers 262 based on a fading factor 252” in ¶[0072]); Shivappa does not specifically disclose the device further comprising - responsive to the determination that the listener moves from the listening position within the origin audio scene to the listening position within the destination audio scene, apply a fade-out gain to the origin audio signal to determine a modified origin audio signal; and- render the modified origin audio signal of the origin audio source around the listening position.
The following is the reason for would be allowance of claim 2:
Shivappa alone or in combination with any other prior art of record does not specifically disclose, suggest nor render obvious the limitations wherein the device further comprises - responsive to the determination that the listener moves from the listening position within the origin audio scene to the listening position within the destination audio scene, apply a fade-out gain to the origin audio signal to determine a modified origin audio signal; and- render the modified origin audio signal of the origin audio source around the listening position.
Regarding claim 3, claim would be allowed if the nonstatutory double patenting rejection is overcome for being the encoder comprising at least the same elements and performing at least the same functions performed by the device of claim 2 (see reason for would be allowance of claim 2 above).
Regarding claim 4, claim would be allowed if the nonstatutory double patenting rejection is overcome for being the method comprising at least the same elements and performing at least the same functions performed by the device of claim 2 (see reason for would be allowance of claim 2 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMMAR T HAMID whose telephone number is (571)272-1953. The examiner can normally be reached M-F 9-5, Eastern time.
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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.
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AMMAR T. HAMID
Primary Examiner
Art Unit 2695
/AMMAR T HAMID/Primary Examiner, Art Unit 2695
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