CTNF 18/959,031 CTNF 80769 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. Information Disclosure Statement The filed information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 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 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). 14-38 AIA The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp. 08-34 AIA Claim s 1-4 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim s 1-4 of U.S. Patent No 12183354; claims 1-13 of U.S. Patent No 9959878; claims 1-4 of U.S. Patent No 11404071; and claims 1-4 of U.S. Patent No 11823693 . Although the conflicting claims are not identical, they are not patentably distinct from each other because all set of claims are toward the same concept of encoding and decoding of audio data bitstreams with metadata indicative of sub-stream structure and/or program information regarding audio content indicated by the bitstreams. More particularity, receiving an encoded audio bitstream comprising an audio program, the encoded audio bitstream including encoded audio data of a set of one or more audio channels and metadata associated with the set of audio channels, wherein the metadata includes dynamic range control (DRC) metadata, loudness metadata, and metadata indicating a number of channels in the set of audio channels; decoding the encoded audio data to obtain decoded audio data of the set of audio channels; obtaining the DRC values and the metadata indicative of the dialog loudness of the audio program from the metadata of the encoded audio bitstream; and modifying the decoded audio data of the set of audio channels in response to the DRC values and the metadata indicative of the dialog loudness of the audio program, wherein modifying the decoded audio data comprises performing loudness control of the decoded audio data using the dialog loudness of the audio program . Below is an illustration of claim 1 of the current application and claim 1 of each of the Patents. US Patent 12183354 Current Application 1. An audio processing unit, comprising: one or more processors; memory coupled to the one or more processors and configured to store instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving an encoded audio bitstream comprising an audio program, the encoded audio bitstream including encoded audio data of a set of one or more audio channels and metadata associated with the set of audio channels, wherein the metadata includes dynamic range control (DRC) metadata, loudness metadata, and metadata indicating a number of channels in the set of audio channels, wherein the DRC metadata includes DRC values and DRC profile metadata indicative of a DRC profile used to generate the DRC values, and wherein the loudness metadata includes metadata indicative of a dialog loudness of the audio program; decoding the encoded audio data to obtain decoded audio data of the set of audio channels; obtaining the DRC values and the metadata indicative of the dialog loudness of the audio program from the metadata of the encoded audio bitstream; receiving pre-processing metadata; and modifying the decoded audio data of the set of audio channels in response to the DRC values, the pre-processing metadata, and the metadata indicative of the dialog loudness of the audio program, wherein modifying the decoded audio data comprises performing loudness control of the decoded audio data in response to the pre-processing metadata and the dialog loudness of the audio program. 1. An audio processing unit, comprising: one or more processors; memory coupled to the one or more processors and configured to store instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving an encoded audio bitstream comprising an audio program, the encoded audio bitstream including encoded audio data of a set of one or more audio channels and metadata associated with the set of audio channels, wherein the metadata includes dynamic range control (DRC) metadata, loudness metadata, and metadata indicating a number of channels in the set of audio channels, wherein the DRC metadata includes DRC values and DRC profile metadata indicative of a DRC profile used to generate the DRC values, and wherein the loudness metadata includes metadata indicative of a dialog loudness of the audio program, wherein the dialog loudness of the audio program was measured in accordance with ITU-R BS.1770; decoding the encoded audio data to obtain decoded audio data of the set of audio channels; obtaining the DRC values and the metadata indicative of the dialog loudness of the audio program from the metadata of the encoded audio bitstream; and modifying the decoded audio data of the set of audio channels in response to the DRC values and the metadata indicative of the dialog loudness of the audio program, wherein modifying the decoded audio data comprises performing loudness control of the decoded audio data using the dialog loudness of the audio program. US Patent 11823693 Current Application 1. An audio processing unit, comprising: one or more processors; memory coupled to the one or more processors and configured to store instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving an encoded audio bitstream comprising an audio program, the encoded audio bitstream including encoded audio data of a set of one or more audio channels and metadata associated with the set of audio channels, wherein the metadata includes dynamic range control (DRC) metadata, loudness metadata, downmixing metadata, and metadata indicating a number of channels in the set of audio channels, wherein the DRC metadata includes DRC values and DRC profile metadata indicative of a DRC profile used to generate the DRC values, and wherein the loudness metadata includes metadata indicative of a dialog loudness of the audio program; decoding the encoded audio data to obtain decoded audio data of the set of audio channels; obtaining the downmixing metadata, the DRC values, and the metadata indicative of the dialog loudness of the audio program from the metadata of the encoded audio bitstream; downmixing the decoded audio data in response to the downmix metadata to obtain downmixed audio data; and modifying the downmixed audio data in response to the DRC values and the metadata indicative of the dialog loudness of the audio program, wherein modifying the downmixed audio data comprises performing loudness control of the downmixed audio data using the dialog loudness of the audio program. 1. An audio processing unit, comprising: one or more processors; memory coupled to the one or more processors and configured to store instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving an encoded audio bitstream comprising an audio program, the encoded audio bitstream including encoded audio data of a set of one or more audio channels and metadata associated with the set of audio channels, wherein the metadata includes dynamic range control (DRC) metadata, loudness metadata, and metadata indicating a number of channels in the set of audio channels, wherein the DRC metadata includes DRC values and DRC profile metadata indicative of a DRC profile used to generate the DRC values, and wherein the loudness metadata includes metadata indicative of a dialog loudness of the audio program, wherein the dialog loudness of the audio program was measured in accordance with ITU-R BS.1770; decoding the encoded audio data to obtain decoded audio data of the set of audio channels; obtaining the DRC values and the metadata indicative of the dialog loudness of the audio program from the metadata of the encoded audio bitstream; and modifying the decoded audio data of the set of audio channels in response to the DRC values and the metadata indicative of the dialog loudness of the audio program, wherein modifying the decoded audio data comprises performing loudness control of the decoded audio data using the dialog loudness of the audio program. US Patent 9959878 Current Application 1. An audio processing unit, comprising: a buffer memory which is a non-transitory medium, configured to store at least one frame of an encoded audio bitstream, wherein the encoded audio bitstream includes audio data and a metadata container, wherein the metadata container includes a header and one or more metadata payloads after the header, the one or more metadata payloads include dynamic range compression (DRC) metadata, and the DRC metadata is or includes profile metadata indicative of whether the DRC metadata includes dynamic range compression (DRC) control values for use in performing dynamic range compression in accordance with at least one compression profile on audio content indicated by at least one block of the audio data; a subsystem configured to: determine that the profile metadata indicates that DRC metadata includes DRC control values for use in performing dynamic range compression in accordance with one said compression profile; parse the encoded audio bitstream to extract the DRC control values; and perform dynamic range compression, on at least some of the audio data or on decoded audio data generated by decoding the at least some of the audio data using at least some of the extracted DRC control values on at least some of the audio data or decoded audio data. 1. An audio processing unit, comprising: one or more processors; memory coupled to the one or more processors and configured to store instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving an encoded audio bitstream comprising an audio program, the encoded audio bitstream including encoded audio data of a set of one or more audio channels and metadata associated with the set of audio channels, wherein the metadata includes dynamic range control (DRC) metadata, loudness metadata, and metadata indicating a number of channels in the set of audio channels, wherein the DRC metadata includes DRC values and DRC profile metadata indicative of a DRC profile used to generate the DRC values, and wherein the loudness metadata includes metadata indicative of a dialog loudness of the audio program, wherein the dialog loudness of the audio program was measured in accordance with ITU-R BS.1770; decoding the encoded audio data to obtain decoded audio data of the set of audio channels; obtaining the DRC values and the metadata indicative of the dialog loudness of the audio program from the metadata of the encoded audio bitstream; and modifying the decoded audio data of the set of audio channels in response to the DRC values and the metadata indicative of the dialog loudness of the audio program, wherein modifying the decoded audio data comprises performing loudness control of the decoded audio data using the dialog loudness of the audio program. US Patent 11404071 Current Application 1. An audio processing unit, comprising: one or more processors; memory coupled to the one or more processors and configured to store instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving an encoded audio bitstream comprising an audio program, the encoded audio bitstream including encoded audio data of a set of one or more audio channels and metadata associated with the set of audio channels, wherein the metadata includes dynamic range control (DRC) metadata, loudness metadata, and metadata indicating a number of channels in the set of audio channels, wherein the DRC metadata includes DRC values and DRC profile metadata indicative of a DRC profile used to generate the DRC values, and wherein the loudness metadata includes metadata indicative of a dialog loudness of the audio program; decoding the encoded audio data to obtain decoded audio data of the set of audio channels; obtaining the DRC values and the metadata indicative of the dog loudness of the audio program from the metadata of the encoded audio bitstream; and modifying the decoded audio data of the set of audio channels in response to the DRC values and the metadata indicative of the dialog loudness of the audio program, wherein modifying the decoded audio data comprises performing loudness control of the decoded audio data using the dialog loudness of the audio program. 1. An audio processing unit, comprising: one or more processors; memory coupled to the one or more processors and configured to store instructions, which, when executed by the one or more processors, cause the one or more processors to perform operations comprising: receiving an encoded audio bitstream comprising an audio program, the encoded audio bitstream including encoded audio data of a set of one or more audio channels and metadata associated with the set of audio channels, wherein the metadata includes dynamic range control (DRC) metadata, loudness metadata, and metadata indicating a number of channels in the set of audio channels, wherein the DRC metadata includes DRC values and DRC profile metadata indicative of a DRC profile used to generate the DRC values, and wherein the loudness metadata includes metadata indicative of a dialog loudness of the audio program, wherein the dialog loudness of the audio program was measured in accordance with ITU-R BS.1770; decoding the encoded audio data to obtain decoded audio data of the set of audio channels; obtaining the DRC values and the metadata indicative of the dialog loudness of the audio program from the metadata of the encoded audio bitstream; and modifying the decoded audio data of the set of audio channels in response to the DRC values and the metadata indicative of the dialog loudness of the audio program, wherein modifying the decoded audio data comprises performing loudness control of the decoded audio data using the dialog loudness of the audio program . Conclusion 07-96 AIA 4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 . Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDELALI SERROU whose telephone number is (571)272-7638. The examiner can normally be reached M-F 9 Am - 5 PM. 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, Pierre-Louis Desir can be reached on 571-272-7799. 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. /ABDELALI SERROU/Primary Examiner, Art Unit 2659 06/13/2026 Application/Control Number: 18/959,031 Page 2 Art Unit: 2659 Application/Control Number: 18/959,031 Page 3 Art Unit: 2659 Application/Control Number: 18/959,031 Page 4 Art Unit: 2659 Application/Control Number: 18/959,031 Page 5 Art Unit: 2659 Application/Control Number: 18/959,031 Page 6 Art Unit: 2659
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