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 .
Allowable Subject Matter
1.The following is a statement of reasons for the indication of allowable subject matter: Claims 21-40 would be allowable if it overcome the double patenting rejections.
Double Patenting
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 21-40 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 30-49 of U.S. Patent application No. (18338193). 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).
Application No. 18957331
21. A system for guiding a user along a path, the system comprising: a mobile device, comprising: one or more processors; one or more position sensors to detect and track a current location of the mobile device; and a memory comprising program instructions executable by the one or more processors to: determine a target location of the mobile device; determine a path from the current location to the target location; and control virtual directionality and distance of sound played through a binaural audio device based on the current location of the mobile device relative to the path, wherein, to control the virtual directionality and distance of sound played through the binaural audio device based on the current location of the mobile device relative to the path, the program instructions are executable by the one or more processors to apply a spatial audio navigation method in which the sound is moved in discrete intervals along the path.
US patent application No. 18338193
30. A system for guiding a user along a path, the system comprising: a mobile device, comprising: one or more processors; one or more position sensors to detect and track a current location of the mobile device; and a memory comprising program instructions executable by the one or more processors to: determine a target location of the mobile device; determine a path from the current location to the target location, wherein the path includes at least one turn; control virtual directionality and distance of sound played through a binaural audio device based on the current location of the mobile device relative to the path; detect that a turn in the path has been missed; and in response to said detection that a turn in the path has been missed, adjust the virtual directionality of the sound so that the sound appears to come from the direction of the missed turn as an indication that the turn has been missed.
Application No. 18957331
32. A method, comprising: performing, by a mobile device comprising one or more processors: adjusting one or more of volume, frequency, or reverberation of left and right audio channels transmitted to left and right audio output components of a binaural audio device to control directionality and distance of sound played through the binaural audio device based on
a current location of the mobile device relative to a path, wherein controlling the virtual directionality and distance of sound played through the binaural audio device is based on a
current location of the mobile device relative to the path and includes applying a spatial audio navigation method in which the sound is moved in discrete intervals along the path.
US patent application No. 18338193
46. A method, comprising: performing, by a mobile device comprising one or more processors: determining a current location and a target location; determining a path from the current location to the target location, wherein the path includes at least one turn; adjusting one or more of volume, frequency, or reverberation of left and right audio channels transmitted to left and right audio output components of a binaural audio device to control directionality and distance of sound played through the binaural audio device based on the current location of the mobile device relative to the path; and in response to detecting that a turn in the path has been missed, adjusting virtual directionality of the sound so that the sound appears to come from the direction of the missed turn as an indication that the turn has been missed.
Application No. 18957331
38. A spatial audio navigation system, comprising: left and right audio output components; one or more motion sensors that detect and track orientation; one or more position sensors that detect and track location; one or more processors; and a memory comprising program instructions executable by the one or more processors to: adjust one or more of volume, frequency, or reverberation of left and right audio channels transmitted to the left and right audio output components based at least in part on position sensor data and motion sensor data to control virtual directionality and distance of sound played through the left and right audio output components, wherein, the virtual directionality and distance of sound is controlled based
on a current location relative to a path, using a spatial audio navigation method in which the sound is moved in discrete intervals.
US patent application No. 18338193
49. A spatial audio navigation system, comprising: an audio headset, comprising: left and right audio output components; and one or more motion sensors that detect and track motion and orientation of the audio headset; and a mobile multipurpose device, comprising: one or more processors; one or more position sensors that detect and track location of the device; and
a memory comprising program instructions executable by the one or more processors to: determine a target location; determine location of the mobile multipurpose device based at least
in part on position sensor data; determine a path to the target location based at least in part on map information; and adjust one or more of volume, frequency, or reverberation of left and
right audio channels transmitted to the left and right audio output components of the binaural audio headset device over a wired or wireless connection based at least in part on position sensor data and motion sensor data to control directionality and distance of sound played through the
binaural audio headset device; detect that a turn in the path has been missed; and in response to said detection that a turn in the path has been missed, adjust the virtual directionality of the sound so that the sound appears to come from the direction of the missed turn as an
indication that the turn has been missed.
The subject matter claimed in the instant application is fully disclosed in the co-pending application 18338193 and is covered by the co-pending application since the instant 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 (18338193). 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.
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.
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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.
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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691
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