DETAILED ACTION
This action is in response to communications filed 11/11/2024:
Claims 1-20 are pending
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 .
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.
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12185083. Although the claims at issue are not identical, they are not patentably distinct from each other. For example:
Regarding claim 1, 12185083 teaches a system (claim 1, a system) comprising:
one or more speakers (claim 1, a wearable head device comprising one or more sensors and one or more speakers); and
one or more processors configured to perform a method comprising (claim 1, one or more processors configured to perform a method comprising):
receiving an audio signal associated with a virtual speaker at a first virtual speaker position and further associated with first content (claim 1, receiving a spatialized audio signal, wherein the spatialized audio signal is generated based on a position of a virtual speaker…determining that the spatialized audio signal is associated with first content); and
in accordance with a movement of a listener from a first listener position to a second listener position (claim 1, in response to a movement of the wearable head device from a first position to a second position):
in accordance with a determination that the first content is associated with a first mode, presenting the audio signal to the listener via the one or more speakers based on a distance from the first listener position to the first virtual speaker position (claim, in accordance with a determination that the spatialized audio signal is associated with the static mode, presenting the spatialized audio signal via the one or more speakers of the wearable head device based on a distance from the first position to the position of the virtual speaker, wherein the determination that the spatialized audio signal is associated with the static mode comprises determining that the spatialized audio signal is associated with first content); and
in accordance with a determination that the first content is associated with a second mode, presenting the audio signal to the listener via the one or more speakers based on a distance from the second listener position to the first virtual speaker position (claim 1, in accordance with a determination that the spatialized audio signal is associated with the dynamic mode, presenting the spatialized audio signal via the one or more speakers of the wearable head device based on a distance from the second position to the position of the virtual speaker, wherein the determination that the spatialized audio signal is associated with the dynamic mode comprises determining that the spatialized audio signal is associated with second content, different from the first content).
The remaining independent and/or dependent claims are similarly rejected using one or more claims of the patent (whether alone or in combination).
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11800313. Although the claims at issue are not identical, they are not patentably distinct from each other. See above as an example.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11627428. Although the claims at issue are not identical, they are not patentably distinct from each other. See above as an example.
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 (i.e., changing from AIA to pre-AIA ) 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) 1-2 and 4-20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Bosnjak et al (US20170257724, hereinafter “Bosnjak”) in view of Eronen et al (US20210037336, hereinafter “Eronen”).
Regarding claim 1, Bosnjak teaches a system (abstract, system) comprising:
one or more speakers (abstract, headphones have speakers); and
one or more processors (¶103-104, processors) configured to perform a method comprising:
receiving an audio signal associated with a virtual speaker at a first virtual speaker position and further associated with first content (¶4, receiving an input signal and having one or more virtual positions that output portions of the input signal); and
in accordance with a movement of a listener from a first listener position to a second listener position (¶87, headphones have headtracking capabilities to track the user movements):
Bosnjak fails to explicitly teach in accordance with a determination that the first content is associated with a first mode, presenting the audio signal to the listener via the one or more speakers based on a distance from the first listener position to the first virtual speaker position; and
in accordance with a determination that the first content is associated with a second mode, presenting the audio signal to the listener via the one or more speakers based on a distance from the second listener position to the first virtual speaker position.
Eronen teaches in accordance with a determination that the first content is associated with a first mode, presenting the audio signal to the listener via the one or more speakers based on a distance from the first listener position to the first virtual speaker position (Fig. 3, ¶137-139, in a first presentation mode, spatial ambient audio may be provided to the listener at a designate point location;; ¶145, first audio content can also be based on a head location and a presentation mode; ¶173, 175, first audio content designating audio content captured by the first user); and
in accordance with a determination that the first content is associated with a second mode, presenting the audio signal to the listener via the one or more speakers based on a distance from the second listener position to the first virtual speaker position (Fig. 4, ¶140-142, in a second presentation mode, spatial ambient audio may be provided to the listener as a range of directions; ¶145, first audio content can also be based on a head location and a presentation mode; ¶173, 175, second audio content designating audio content captured by the second user).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the technique of using different rendering modes on an audio output (as taught by Eronen) to the audio system (as taught by Bosnjak). The rationale to do so is to apply a known technique to improve similar devices in the same way to yield the predictable result of allowing a listener to enjoy the audio content in different output methods.
Regarding claim 2, Bosnjak in view of Eronen teaches wherein:
in accordance with the determination that the first content is associated with the first mode, the audio signal is presented further based on a direction from the first listener position to the first virtual speaker position (Eronen, ¶136, the spatial output includes a direction and location parameter); and
in accordance with the determination that the first content is associated with the second mode, the audio signal is presented further based on a direction from the second listener position to the first virtual speaker position (Eronen, ¶136, the spatial output includes a direction and location parameter).
Regarding claim 4, Bosnjak in view of Eronen teaches wherein:
in accordance with the determination that the first content is associated with the first mode, said presenting the audio signal comprises presenting the audio signal further in accordance with a determination that the first virtual speaker is associated with the first mode; and
in accordance with the determination that the first content is associated with the second mode, said presenting the audio signal comprises presenting the audio signal further in accordance with a determination that the first virtual speaker is associated with the second mode (Bosnjak, ¶36, virtual speakers are set at various positions around the listener and are modified in accordance with a presentation mode (as taught by Eronen)).
Regarding claim 5, Bosnjak in view of Eronen teaches wherein the method further comprises:
receiving a second audio signal associated with a second virtual speaker at a second virtual speaker position and further associated with the first content; and
in accordance with the movement of the listener from the first listener position to the second listener position:
in accordance with a determination that the second virtual speaker is associated with the first mode, presenting the second audio signal to the listener via the one or more speakers based on a distance from the first listener position to the second virtual speaker position; and
in accordance with a determination that the second virtual speaker is associated with the second mode, presenting the second audio signal to the listener via the one or more speakers based on a distance from the second listener position to the second virtual speaker position (Bosnjak, ¶80, the output apparatus has speakers for the user’s respective ears (left and right) and therefore outputting spatial audio is associated with outputting a left spatial audio signal and a right spatial audio signal – claim 1 recites the method for outputting a left (first audio signal) and this claim can be interpreted as outputting a right (second audio signal)).
Regarding claim 6, Bosnjak in view of Eronen teaches further comprising a wearable head device comprising one or more sensors and the one or more speakers (Bosnjak, abstract, headphones with headtracking capabilities can employ the use of IMUs as sensors and outputting audio via the speakers).
Regarding claim 7, Bosnjak in view of Eronen teaches wherein the method further comprises determining, via the one or more sensors, the movement of the listener (Bosnjak, ¶73, IMUs to track user movements).
Regarding claim 8, Bosnjak in view of Eronen teaches wherein the one or more sensors comprises an inertial measurement unit, a camera, a microphone, an electromagnetic receiver, or any combination thereof (Bosnjak, ¶73, IMU).
Regarding claim 9, Bosnjak in view of Eronen teaches wherein the first virtual speaker position is determined based on a position of a physical object in an environment of the listener (Eronen, ¶111, the purpose of the immersive factor is to replicate the entire listening environment for the second user (as if they were there with the first user in the first environment) and therefore while replicating the ambient audio (¶22) the spatial audio output is associated with a position/location parameter of the capture ambient signal).
Regarding claim 10, Bosnjak in view of Eronen teaches wherein the position of the physical object is identified via one or more sensors of a wearable head device (Eronen, ¶133, one or more microphones to capture the ambient audio).
Regarding claim 11, Bosnjak in view of Eronen teaches wherein the method further comprises receiving an audio stream, and wherein the audio signal is generated based on the audio stream (Eronen, ¶134, audio stream).
Regarding claim 12, Bosnjak in view of Eronen teaches wherein:
the virtual speaker is associated with one or more audio channels, and
the one or more audio channels comprises a subwoofer channel (Bosnjak, ¶101, output can be 8 channel; ¶71, multichannel output such as 7.1 is already envision – wherein the “.1” refers to the subwoofer channel).
Regarding claim 13, Bosnjak in view of Eronen teaches wherein the first virtual speaker position is determined based on the first content (Bosnjak, ¶4, the output signal (thus indicating virtual speaker positions) is determined based on the “content” (whether the output signal even has a left and right portion or just a left or right portion)).
Regarding claim 14, Bosnjak in view of Eronen teaches wherein the first content comprises a virtual screen (Bosnjak, ¶37, VR content comprises of virtual content to be displayed to the user).
Regarding claims 15-16, they are rejected similarly as claims 1-2, respectively. The method can be found in Bosnjak (¶4, method).
Regarding claims 17-19, they are rejected similarly as claims 4-6, respectively. The method can be found in Bosnjak (¶4, method).
Regarding claim 20, it is rejected similarly as claim 1. The medium can be found in Bosnjak (¶127,medium).
Allowable Subject Matter
Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892, Notice of References Cited for a listing of analogous art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIN ZHU whose telephone number is (571)270-1304. The examiner can normally be reached Monday-Thursday 6AM-4PM 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, Duc Nguyen can be reached on 571-272-7503. 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.
/QIN ZHU/Primary Examiner, Art Unit 2691
Prosecution Insights