DETAILED ACTION
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statements submitted are being considered by the examiner.
Double Patenting
3. 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 2, 8 and 9 rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1, 7, 12 and 15 of U.S. Patent No. 12,156,014. When claims in the pending application are broader than the ones in the patent, the broad claims in the pending application are rejected under obviousness type double patenting over previously patented narrow claims, In re Van Ornum and Stang, 214 USPQ 761.
Limitations of the present invention and corresponding U.S. Patent No. 12,156,014 are listed in the following table.
Instant Application: 18/958,120
U.S. Patent No. 12,156,014
1. An apparatus comprising at least one processor and at least one memory including a computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus at least to: obtain at least two audio signals captured by one or more microphones of a device; determine at least one direction of arrival parameter associated with at least one sound source of a sound field based on the at least two audio signals, wherein the at least one direction of arrival parameter at least in part represents a spatial impression of the at least one sound source within the sound field; receive information provided by a sensor of the device; determine at least one direction of the at least one sound source of the sound field based on the information provided by the sensor; modify the at least one direction of arrival parameter in accordance with the determined at least one direction; and output the modified at least one direction of arrival parameter.
1. An apparatus comprising at least one processor and at least one memory including a computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus at least to: obtain at least two audio signals; determine at least one direction of arrival parameter associated with at least one sound source of a sound field based on the at least two audio signals, wherein the at least one direction of arrival parameter at least in part represents a spatial impression of the at least one sound source within the sound field; determine at least one direction of the at least one sound source of the sound field based on the at least two audio signals; modify the at least one direction of arrival parameter in accordance with the determined at least one direction; and output the modified at least one direction of arrival parameter.
7. The apparatus as claimed in claim 1 wherein the apparatus being caused to determine the at least one direction of at least one sound source comprises the apparatus being caused to at least one of: analyze at least one signal from at least one infra-red sensor to determine the at least one direction of at least one sound source; analyze at least one signal from at least one sensor to determine the at least one direction of at least one sound source; obtain at least one user-input signal identifying the at least one direction of at least one sound source; obtain at least one positioning signal associated with an object, from which the at least one direction of at least one sound source is determined; analyze the at least two audio signals, when the at least two audio signals comprise two or more microphone audio signals; and obtain metadata associated with the at least two audio signals, the metadata comprising directional or location information, from which the at least one direction of the at least one sound source is determined when the at least one direction of arrival parameter is determined from an analysis of the at least two audio signals.
2. The apparatus as claimed in claim 1, wherein the apparatus being caused to receive information provided by the sensor comprises the apparatus being caused to receive information provided by the sensor responsive to user input.
7. The apparatus as claimed in claim 1 wherein the apparatus being caused to determine the at least one direction of at least one sound source comprises the apparatus being caused to at least one of: analyze at least one signal from at least one infra-red sensor to determine the at least one direction of at least one sound source; analyze at least one signal from at least one sensor to determine the at least one direction of at least one sound source; obtain at least one user-input signal identifying the at least one direction of at least one sound source; obtain at least one positioning signal associated with an object, from which the at least one direction of at least one sound source is determined; analyze the at least two audio signals, when the at least two audio signals comprise two or more microphone audio signals; and obtain metadata associated with the at least two audio signals, the metadata comprising directional or location information, from which the at least one direction of the at least one sound source is determined when the at least one direction of arrival parameter is determined from an analysis of the at least two audio signals.
8. A method comprising: obtain at least two audio signals captured by one or more microphones of a device; determining at least one direction of arrival parameter associated with at least one sound source of a sound field based on the at least two audio signals, wherein the at least one direction of arrival parameter at least in part represents a spatial impression of the at least one sound source within the sound field; receiving information provided by a sensor of the device; determining at least one direction of the at least one sound source of the sound field based on the information provided by the sensor; modifying the at least one direction of arrival parameter in accordance with the determined at least one direction; and outputting the modified at least one direction of arrival parameter.
12. A method comprising: obtaining at least two audio signals; determining at least one direction of arrival parameter associated with at least one sound source of a sound field based on the at least two audio signals, wherein the at least one direction of arrival parameter at least in part represents a spatial impression of the at least one sound source within the sound field; determining at least one direction of the at least one sound source of the sound field based on the at least two audio signals; modifying the at least one direction of arrival parameter in accordance with the determined at least one direction; and outputting the modified at least one direction of arrival parameter.
15. The method as claimed in claim 12, wherein determining the at least one direction of at least one sound source comprises at least one of: analysing at least one signal from at least one infra-red sensor to determine the at least one direction of at least one sound source; analysing at least one signal from at least one sensor to determine the at least one direction of at least one sound source; obtaining at least one user-input signal identifying the at least one direction of at least one sound source; obtaining at least one positioning signal associated with an object, from which the at least one direction of at least one sound source is determined; analyzing the at least two audio signals, when the at least two audio signals comprise two or more microphone audio signals; and obtaining metadata associated with the at least two audio signals, the metadata comprising directional or location information, from which the at least one direction of the at least one sound source is determined when the at least one direction of arrival parameter is determined from an analysis of the at least two audio signals.
9. The method as claimed in claim 8, wherein receiving information provided by the sensor comprises receiving information provided by the sensor responsive to user input.
15. The method as claimed in claim 12, wherein determining the at least one direction of at least one sound source comprises at least one of: analysing at least one signal from at least one infra-red sensor to determine the at least one direction of at least one sound source; analysing at least one signal from at least one sensor to determine the at least one direction of at least one sound source; obtaining at least one user-input signal identifying the at least one direction of at least one sound source; obtaining at least one positioning signal associated with an object, from which the at least one direction of at least one sound source is determined; analyzing the at least two audio signals, when the at least two audio signals comprise two or more microphone audio signals; and obtaining metadata associated with the at least two audio signals, the metadata comprising directional or location information, from which the at least one direction of the at least one sound source is determined when the at least one direction of arrival parameter is determined from an analysis of the at least two audio signals.
4. Claims 15 and 19 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1, 7, 12 and 15 of U.S. Patent No. 12,156,014 in view of Mate, U.S. Patent Application Publication No. 2018/0146446 (hereinafter Mate).
Regarding claim 15, claims 1 and 7 of U.S. Patent No. 12,156,014 teach:
An apparatus comprising at least one processor and at least one memory including a computer program code, the at least one memory and the computer program code configured to, with the at least one processor, cause the apparatus at least to:
obtain one or more audio signals based on audio signals captured by one or more microphones of a device;
obtain at least one direction of arrival parameter associated with at least one sound source of a sound field based on the one or more transport audio signals, wherein the at least one direction of arrival parameter at least in part represents a spatial impression of the at least one sound source within the sound field;
receive information captured by a sensor of the device; determine at least one direction of the at least one sound source of the sound field based on the information captured by the sensor;
modify the at least one direction of arrival parameter in accordance with the determined at least one direction; and
output the modified at least one direction of arrival parameter.
Further regarding claim 15, claims 1 and 7 of U.S. Patent No. 12,156,014 does not explicitly teach the audio signals are transport audio signals. All the same, Mate discloses the audio signals are transport audio signals (from paragraph 0003, see audio transport). This modification would have improved the listening experience by providing professional grade audio as suggested by Mate.
Regarding claim 19, claims 12 and 15 of U.S. Patent No. 12,156,014 teach:
A method comprising:
obtain one or more audio signals based on audio signals captured by one or more microphones of a device;
obtaining at least one direction of arrival parameter associated with at least one sound source of a sound field based on the one or more transport audio signals, wherein the at least one direction of arrival parameter at least in part represents a spatial impression of the at least one sound source within the sound field;
receiving information captured by a sensor of the device; determining at least one direction of the at least one sound source of the sound field based on the information captured by the sensor;
modifying the at least one direction of arrival parameter in accordance with the determined at least one direction; and
outputting the modified at least one direction of arrival parameter.
Further regarding claim 19, claims 12 and 15 of U.S. Patent No. 12,156,014 does not explicitly teach the audio signals are transport audio signals. All the same, Mate discloses the audio signals are transport audio signals (from paragraph 0003, see audio transport). This modification would have improved the listening experience by providing professional grade audio as suggested by Mate.
5. Claims 3 and 10 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1, 7, 12 and 15 of U.S. Patent No. 12,156,014 in view of Ugur et al, U.S. Patent Application Publication No. 2018/0084365 (hereinafter Ugur).
Regarding claim 3, claims 1 and 7 of U.S. Patent No. 12,156,014 do not teach the apparatus being caused to receive information provided by the sensor comprises the apparatus being caused to receive information provided by the sensor responsive to user input that selects an object of interest that is displayed by the device. All the same, Ugur discloses the apparatus being caused to receive information provided by the sensor comprises the apparatus being caused to receive information provided by the sensor responsive to user input that selects an object of interest that is displayed by the device (from paragraph 0011, see display the display image on a touch interface display configured to provide at least one selection input, wherein determine a point of interest location of the at least one visual element causes the apparatus to determine the one point of interest location based on the at least one selection input). Therefore, it would have been obvious to one of ordinary skill in the art to modify claims 1 and 7 of U.S. Patent No. 12,156,014 wherein the apparatus being caused to receive information provided by the sensor comprises the apparatus being caused to receive information provided by the sensor responsive to user input that selects an object of interest that is displayed by the device as taught by Ugur. This modification would have improved the system’s flexibility by providing for the use of a touch controller as suggested by Ugur.
Regarding claim 10, claims 12 and 15 of U.S. Patent No. 12,156,014 do not teach receiving information provided by the sensor comprises receiving information provided by the sensor responsive to user input that selects an object of interest that is displayed by the device. All the same, Ugur discloses receiving information provided by the sensor comprises receiving information provided by the sensor responsive to user input that selects an object of interest that is displayed by the device (from paragraph 0011, see display the display image on a touch interface display configured to provide at least one selection input, wherein determine a point of interest location of the at least one visual element causes the apparatus to determine the one point of interest location based on the at least one selection input). Therefore, it would have been obvious to one of ordinary skill in the art to modify claims 1 and 7 of U.S. Patent No. 12,156,014 with receiving information provided by the sensor comprises receiving information provided by the sensor responsive to user input that selects an object of interest that is displayed by the device as taught by Ugur. This modification would have improved the system’s flexibility by providing for the use of a touch controller as suggested by Ugur.
Allowable Subject Matter
6. Claims 4-7, 11-14, 16-18 and 20 are 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
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Olisa Anwah whose telephone number is 571-272-7533. The examiner can normally be reached from Monday to Friday 8.30 AM to 6 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Carolyn Edwards can be reached on 571-270-7136. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is 571-272-2600.
Olisa Anwah
Patent Examiner
August 18, 2026
/OLISA ANWAH/Primary Examiner, Art Unit 2692
