CTNF 18/955,846 CTNF 84233 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. Allowable Subject Matter 07-43 1.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. Double Patenting 08-33 AIA 2. 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 1-6 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-6 of co-pending Patent application No. (18/353,063). Although the conflicting claims are not identical, they are not patentably distinct from each other because they both claims similar methods and comprise almost identical steps (See claim below for comparison). Both the current application and the co-pending patent application claims similar methods of: a method for decoding audio data and metadata, comprising: receiving, by a media device configured to connect with a plurality of speakers at a media consumption site, an object-based audio item of the audio data and the metadata, wherein the metadata includes positional information for rendering the object-based audio item; receiving, by the media device, speaker configuration information relating to positions of the plurality of speakers at the media consumption site; determining, by the media device, screen information regarding a screen related to the rendering of the object-based audio item. The current application is distinct and broader than the co-pending application, since the current application not specifically disclose “adjusting a gain value based on the scaling factor metadata” in the claims (See claims below for comparison). Application No. 18/955,846 1. A method for decoding audio data and metadata, comprising: receiving, by a media device configured to connect with a plurality of speakers at a media consumption site, an object-based audio item of the audio data and the metadata, wherein the metadata includes positional information for rendering the object-based audio item; receiving, by the media device, speaker configuration information relating to positions of the plurality of speakers at the media consumption site; determining, by the media device, screen information regarding a screen related to the rendering of the object-based audio item; adjusting, by the media device, the positional information for the object-based audio item based on the screen information in order to determine screen adjusted positional information; and outputting, by the media device, the object-based audio and the screen adjusted positional information for the object-based audio item. Co-pending application No. 18/353,063 1. A method for decoding audio data and metadata, comprising: receiving, by a media device configured to connect with a plurality of speakers at a media consumption site, an object-based audio item of the audio data and the metadata, wherein the metadata includes positional information for rendering the object-based audio item; receiving, by the media device, scaling factor metadata; receiving, by the media device, speaker configuration information relating to positions of the plurality of speakers at the media consumption site; determining, by the media device, screen information regarding a screen related to the rendering of the object-based audio item; adjusting, by the media device, the positional information for the object-based audio item based on the screen information in order to determine screen adjusted positional information; and adjusting a gain value based on the scaling factor metadata; and rendering, by the media device, the object-based audio item into channel-based loudspeaker signals for the plurality of speakers, wherein the rendering is based on the screen adjusted positional information, for the object-based audio item, the speaker configuration information, and the adjusted gain value for the object-based audio item. Application No. 18/955,846 6. An apparatus for decoding audio data and metadata, comprising: a receiver of a media device for receiving an object-based audio item of the audio data, the metadata and speaker configuration information, wherein the media device is configured to connect with a plurality of speakers at a media consumption site, and wherein the metadata includes positional information for rendering the object-based audio item; a processor of the media device for determining screen information regarding a screen related to the rendering of the object-based audio item and adjusting the positional information for the object-based audio item based on the screen information in order to determine screen adjusted positional information; and an outputter of the media device for outputting the object-based audio item and the screen adjusted positional information for the object-based audio item. Co-pending application No. 18/353,063 4. An apparatus for decoding audio data and metadata, comprising: a receiver of a media device for receiving an object-based audio item of the audio data, the metadata and speaker configuration information, wherein the media device is configured to connect with a plurality of speakers at a media consumption site, and wherein the metadata includes positional information for rendering the object-based audio item; a processor of the media device for determining screen information regarding a screen related to the rendering of the object-based audio item and adjusting the positional information for the object-based audio item based on the screen information in order to determine screen adjusted positional information, wherein the processor is further configured to adjust a gain value based on scaling factor metadata; and a renderer of the media device for rendering the object-based audio item into channel-based loudspeaker signals for the plurality of speakers, wherein the rendering is based on the screen adjusted positional information for the object-based audio item, the speaker configuration information, and the adjusted gain value for the object-based audio item. Application No. 18/955,846 Claim 2. The method of claim 1, wherein the screen information relates to screen boundaries. Co-pending application No. 18/353,063 Claim 2. The method of claim 1, wherein the screen information relates to screen boundaries. The subject matter claimed in the instant application is fully disclosed in the Co-pending application 18/353,063 and is covered by the patent since the current application and the co-pending application are claiming common subject matter, as follows: The claimed invention in the instant application is fully disclosed in the co-pending application and it is broader than the claimed invention in the application (18/353,063). No new invention or new improvement is being claimed in the instant application. Applicant is now attempting to claim broadly that which had been previously described in more detail in the claims of the patent (In re Van Ornum, 214 USPQ 761 CCPA 1982). Furthermore, there is no apparent reason why Applicant was prevented from presenting claims corresponding to those of the instant application during prosecution of the application which matured into a patent. Claim Rejections - 35 USC § 103 07-20-aia AIA 3. 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. 07-21-aia AIA 4. Claim (s) 1 and 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (US 2016/0127847) in view of Blank et al. (US 20050254662) . Regarding claims 1, 5 and 6, Shi discloses a method for decoding audio data and metadata (Paragraph: 0046:Shi discusses a techniques for encoding and decoding the necessary information (metadata)), comprising: receiving, by a media device configured to connect with a plurality of speakers at a media consumption site (Paragraphs: 0007 and 0048: Shi discusses how the number of channels of speakers and the speaker arrangement on the reproducing side are determined in advance; and sounds are output from the respective speakers with appropriate gains; and how the audio signals of channels and the metadata of these audio signals are supplied to a reproduction device, and the reproduction device controls sound reproduction based on the metadata and the audio signals), an object-based audio item of the audio data and the metadata (Paragraphs: 0050, 0197, 0206-0222 and fig.8: Shi discusses how the extracting unit extracts the metadata and the audio signals from the received bit stream and decodes the metadata; and how the input audio signal(s) of one or more channels can be reproduced by one or more reproduction speakers placed in one or more desired position), wherein the metadata includes positional information for rendering the object-based audio item (Paragraphs: 0167 and 0195-0197: Shi discusses how in the location information about the reproduction speakers, the information included in the metadata); receiving, by the media device (Paragraph: 0154 and fig.5), speaker configuration information relating to positions of the plurality of speakers at the media consumption site (Paragraphs: 0049, 0077 and 0163: Shi discusses how a system indicate the positions of the respective reproduction speakers, and supplied to the reproduction device; and how in the location information about the reproduction speakers, the information included in the metadata); and outputting, by the media device, the object-based audio and the screen adjusted positional information for the object-based audio item (Paragraphs: 0167 and 0195-0197). Shi discloses the invention set forth above but does not specifically point out “determining, by the media device, screen information regarding a screen related to the rendering of the object-based audio item; adjusting, by the media device, the positional information for the object-based audio item based on the screen information in order to determine screen adjusted positional information” Blank discloses determining, by the media device, screen information regarding a screen related to the rendering of the object-based audio item; adjusting, by the media device, the positional information for the object-based audio item based on the screen information in order to determine screen adjusted positional information (Paragraphs: 0070, 0040 and fig.3: Blank discusses how gain in each speaker can be adjusted in order to cause the sound generated from each speaker to reach the preferred listening position simultaneously with the same acoustic level; and how given the location of the preferred listening position, the system can be measured by generating a sound from the preferred listening position, the time it takes for sound from each speaker which is connected to the display to reach the preferred listening position can be calculated with the calibration computing device. Blank also discusses how a monitor or other type of display device is also connected to the system bus via an interface, such as a video interface; and the monitor, computers may also include other peripheral output devices such as speakers and printer, which may be connected through an output peripheral interface). It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Shi, and modify a system wherein determining, by the media device, screen information regarding a screen related to the rendering of the object-based audio item; adjusting, by the media device, the positional information for the object-based audio item based on the screen information in order to determine screen adjusted positional information, as taught by Blank, thus allowing to automatically determining distance between a selected rendering device such as speaker and a specified reference point upon receiving information from a calibration component attached to selected rendering device, as discussed by Blank. Considering claim 4, Shi discloses the method of claim 1, further comprising: determining that the object-based audio item is one of a plurality of object-based audio items (Paragraphs: 0056 and 0195-0197: a sound based on an audio signal is output from each of the reproduction speakers with the determined reproduction gains, so that a sound image is fixed at the position of the ideal speaker ); and adjusting a gain value of the object-based audio item based on the determination (Paragraphs: 0056 and 0189: performs audio signal gain adjustment based on the correction and delay values) . 07-21-aia AIA 5. Claim (s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (US 2016/0127847) in view of Blank et al. (US 20050254662) and further in view of Park et al. (US 20150150066) . Considering claim 2, Shi in view of Blank fail to disclose the method of claim 2. Park however discloses the system wherein the screen information relates to screen boundaries (Paragraphs: 0069-0070: Park discusses how the system determines whether the activated data accesses the boundary of the screen on the basis of coordinate information about screen). It would have been obvious to one of ordinary skill in the art at the time the invention was filed before the effective filing date of the invention to modify the invention of Shi and Blank, and modify a system wherein the screen information relates to screen boundaries, as taught by Park, thus allowing to coordinate information about a service and data being provided to the screen in advance so as to recognize a variation in the position information, as discussed by Park. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSEF K LAEKEMARIAM whose telephone number is (571)270-5149. The examiner can normally be reached 9:30-6:30 M-F. 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 at (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. YOSEF K. LAEKEMARIAM Primary Examiner Art Unit 2651 /YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691 Application/Control Number: 18/955,846 Page 2 Art Unit: 2691 Application/Control Number: 18/955,846 Page 3 Art Unit: 2691 Application/Control Number: 18/955,846 Page 4 Art Unit: 2691 Application/Control Number: 18/955,846 Page 5 Art Unit: 2691 Application/Control Number: 18/955,846 Page 6 Art Unit: 2691 Application/Control Number: 18/955,846 Page 7 Art Unit: 2691 Application/Control Number: 18/955,846 Page 8 Art Unit: 2691 Application/Control Number: 18/955,846 Page 9 Art Unit: 2691 Application/Control Number: 18/955,846 Page 10 Art Unit: 2691
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