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 .
DETAILED ACTION
Double Patenting
1. 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.
2. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,462,599. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. Patent 10,462,599 with obvious wording variations. 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. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/968,407
U.S. Patent 10,462,599
1. A system comprising:
1. A playback device comprising:
one or more processors;
tangible, non-transitory, computer-readable media comprising program instructions executable by the one or more processor such that the system is configured to:
a plurality of audio drivers;
one or more processors;
tangible, non-transitory, computer-readable media storing instructions executable by the one or more processor to cause the playback device to perform operations comprising:
receive one or more multi-channel audio signals comprises a first channel and a second channel;
receiving a multi-channel audio signal representing multi-channel audio content for playback via the playback device;
for each multi-channel audio signal of the one or more multi-channel audio signals that has a volume that is above a threshold volume:
obtain a low-frequency component of the first channel of the respective multi-channel audio signal, wherein the low-frequency component of the first channel of the respective multi-channel audio signal comprises audio information below a threshold frequency;
obtain a low-frequency component of the second channel of the respective multi-channel audio signal, wherein the low-frequency component of the second channel of the respective multi-channel audio signal comprises audio information below a threshold frequency;
separating, from respective channels of the multi-channel audio signal, respective low-frequency audio signals comprising frequencies less than a threshold frequency;
determining respective electrical energies of each respective low-frequency audio signal;
determining a second energy by summing the respective electrical energies of each respective low-frequency audio signal;
consolidating the respective low-frequency audio signals into a consolidated low-frequency audio signal;
determining a second energy by determining an electrical energy of the consolidated low-frequency audio signal;
generate a gain-adjusted low frequency signal based at least on (i) a first determined energy associated with the low-frequency components of the respective multi-channel audio signal, and (ii) a second determined energy associated with the low-frequency components of the respective multi-channel audio signal;
generating a gain-adjusted low-frequency audio signal by adjusting a gain of the consolidated low-frequency audio signal based on both (i) the first energy and (ii) the second energy;
generate a gain-adjusted multi-channel audio signal comprising the gain-adjusted low-frequency signal; and
generating a gain-adjusted multi-channel audio signal by mixing the gain-adjusted low-frequency audio signal back into the respective channels of the multi-channel audio signal; and
cause playback of the gain-adjusted multi-channel audio signal via a plurality of audio drivers.
using the gain-adjusted multi-channel audio signal to play back gain-adjusted multi-channel audio content via the plurality of audio drivers.
The examiner notes that claims 9, 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 15 of U.S. Patent No. 10,462,599, respectively.
3. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 10,880,671. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. Patent 10,880,671 with obvious wording variations. 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. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/968,407
U.S. Patent 10,880,671
1. A system comprising:
1. A playback device comprising:
one or more processors;
tangible, non-transitory, computer-readable media comprising program instructions executable by the one or more processor such that the system is configured to:
a plurality of audio drivers;
one or more processors;
tangible, non-transitory, computer-readable media storing instructions executable by the one or more processor to cause the playback device to perform operations comprising:
receive one or more multi-channel audio signals that each comprise a first channel and a second channel;
receiving a multi-channel audio signal representing multi-channel audio content for playback via the plurality of audio drivers, wherein respective channels of the multi-channel audio signal comprise respective low-frequency audio signals below a threshold frequency;
for each multi-channel audio signal of the one or more multi-channel audio signals that has a volume that is above a threshold volume:
obtain a low-frequency component of the first channel of the respective multi-channel audio signal, wherein the low-frequency component of the first channel of the respective multi-channel audio signal comprises audio information below a threshold frequency;
obtain a low-frequency component of the second channel of the respective multi-channel audio signal, wherein the low-frequency component of the second channel of the respective multi-channel audio signal comprises audio information below a threshold frequency;
determining a first energy representing a sum of respective electrical energies of the respective low-frequency electrical energies of the respective low-frequency audio signals;
determining a second energy representing a sum of respective electrical energies of the respective low-frequency electrical energies of the respective low-frequency audio signals;
generate a gain-adjusted low frequency signal based at least on (i) a first determined energy associated with the low-frequency components of the respective multi-channel audio signal and (ii) a second determined energy associated with the low-frequency components of the respective multi-channel audio signal;
generate a gain-adjusted multi-channel audio signal comprising the gain-adjusted low-frequency signal; and
cause playback of the gain-adjusted multi-channel audio signal via a plurality of audio drivers.
generating a gain-adjusted multi-channel audio signal by adjusting a gain of the low-frequency audio signal based on both (i) the first energy and (ii) the second energy.
The examiner notes that claims 9, 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 16 of U.S. Patent No. 10,880,671, respectively.
4. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,700,501. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. Patent 11,700,501 with obvious wording variations. 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. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/968,407
U.S. Patent 11,700,501
1. A system comprising:
1. A playback device comprising:
one or more processors;
tangible, non-transitory, computer-readable media comprising program instructions executable by the one or more processor such that the system is configured to:
a plurality of audio drivers;
one or more processors;
tangible, non-transitory, computer-readable media storing instructions executable by the one or more processor to cause the playback device to perform operations comprising:
receive one or more multi-channel audio signals that each comprises a first channel and a second channel;
receiving a multi-channel audio signal comprising a set of audio channels;
for each multi-channel audio signal of the one or more multi-channel audio signals that has a volume that is above a threshold volume:
obtain a low-frequency component of the first channel of the respective multi-channel audio signal, wherein the low-frequency component of the first channel of the respective multi-channel audio signal comprises audio information below a threshold frequency;
obtain a low-frequency component of the second channel of the respective multi-channel audio signal, wherein the low-frequency component of the second channel of the respective multi-channel audio signal comprises audio information below a threshold frequency;
for each channel in the set of audio channels, applying a low pass filter to the channel to obtain a low-frequency component of the channel to obtain a low-frequency component of the channel comprising audio information below a threshold frequency;
combining the low-frequency component of each channel into a consolidated low frequency signal;
adjusting a gain of the consolidated low frequency signal to generate a gain-adjusted consolidated low frequency signal;
for each channel in the set of audio channels, mixing the gain-adjusted consolidated low frequency signal with audio content of the channel above the threshold frequency to generate a gain-adjusted channel;
playing the individual gain-adjusted channels via the plurality of audio drivers;
generate a gain-adjusted low frequency signal based at least on (i) a first determined energy associated with the low-frequency components of the respective multi-channel audio signal, and (ii) a second determined energy associated with the low-frequency components of the respective multi-channel audio signal;
wherein the set of channels in the multi-channel audio signal comprises a left-channel audio signal, a center channel audio signal, and a right-channel audio signal, and wherein for each channel in the set of audio channels, applying a low pass filter to the channel to obtain a low-frequency component of the channel comprising audio information below a threshold frequency comprises:
generate a gain-adjusted multi-channel audio signal comprising the gain-adjusted low-frequency signal; and
low pass filtering the left-channel audio signal to obtain a low-frequency component of the left-channel audio signal comprising audio information below the threshold frequency;
cause playback of the gain-adjusted multi-channel audio signal via a plurality of audio drivers.
low pass filtering the right-channel audio signal to obtain a low-frequency component of the right-channel audio signal comprising audio information below the threshold frequency;
low pass filtering the center-channel audio signal to obtain a low-frequency component of the center-channel audio signal comprising audio information below the threshold frequency.
The examiner notes that claims 9, 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8, 15 of U.S. Patent No. 11,700,501, respectively.
5. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,170,885. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in the U.S. Patent 12,170,885 with obvious wording variations. 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. Also, omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same functions as before. In re KARLSON (CCPA) 136 USPA 184 (1963).
U.S. Patent Application 18/968,470
U.S. Patent 12,170,885
1. A system comprising:
1. A system comprising:
one or more processors;
tangible, non-transitory, computer-readable media comprising program instructions executable by the one or more processor such that the system is configured to:
one or more processors;
tangible, non-transitory, computer-readable media comprising program instructions executable by the one or more processor such that the system is configured to:
receive a multi-channel audio signals that each comprise a first channel and a second channel;
receive a multi-channel audio signal comprising a first channel and a second channel;
for each multi-channel audio signal of the one or more multi-channel audio signals that has a volume that is above a threshold volume:
obtain a low-frequency component of the first channel of the respective multi-channel audio signal, wherein the low-frequency component of the first channel of the respective multi-channel audio signal comprises audio information below a threshold frequency;
obtain a low-frequency component of the second channel of the respective multi-channel audio signal, wherein the low-frequency component of the second channel of the respective multi-channel audio signal comprises audio information below a threshold frequency;
for the first channel, (i) apply a low pass filter to the first channel to obtain a low-frequency component of the first channel, wherein the low-frequency component of the first channel comprises audio information below a threshold frequency, and (ii) determine an energy of the low-frequency component of the first channel;
for the second channel, (i) apply the low pass filter to the second channel to obtain a low-frequency component of the second channel, wherein the low-frequency component of the second channel comprises audio information below the threshold frequency, and (ii) determine an energy of the low-frequency component of the second channel;
sum the energies of the determined low-frequency components to obtain a sum of energies of the low-frequency components;
combine the determined low-frequency components of each channel into a consolidated low frequency signal;
determine an electrical energy of the consolidated low-frequency signal;
generate a gain-adjusted low frequency signal based at least on (i) a first determined energy associated with the low-frequency components of the respective multi-channel audio signal, and (ii) a second determined energy associated with the low-frequency components of the respective multi-channel audio signal;
generate a gain-adjusted low frequency signal based on (i) the sum of the energies of the low-frequency components and (ii) the electrical energy of the consolidated low-frequency signal;
generate a gain-adjusted multi-channel audio signal comprising the gain-adjusted low-frequency signal; and
generate a gain-adjusted multi-channel audio signal comprising the gain-adjusted low-frequency signal; and
cause playback of the gain-adjusted multi-channel audio signal via a plurality of audio drivers.
cause playback of the gain-adjusted multi-channel audio signal via a plurality of audio drivers.
The examiner notes that claims 9, 14, 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 12, 20 of U.S. Patent No. 12,170,885, respectively.
Allowable Subject Matter
6. The following is a statement of reasons for the indication of allowable subject matter:
Ramos (2016/0234623) teaches audio output balancing where a first playback device receiving audio content to be played back by the first playback device and a second payback device in synchrony.
Dyreby (2019/0014409) teaches sound wall and relates to loudspeaker systems configured to radiate sound energy from the respective front face and into the surroundings such that a sound field can be created in front of the sound wall.
As to claims 1, 9, and 16, prior arts or record fail to teach, or render obvious, alone or in combination a system, a tangible, non-transitory computer-readable media comprising program instructions executable by one or more processors and method comprising the components, relationship, and functionalities as specifically recited in the claims.
7. Claims 1-20 would be allowable if terminal disclaimer(s) filed to overcome the double patenting rejection, set forth in this Office action.
Conclusion
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUYNH H NGUYEN whose telephone number is (571)272-7489. The examiner can normally be reached Monday-Friday 7AM-3PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahmad Matar can be reached on 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUYNH H NGUYEN/Primary Examiner, Art Unit 2693
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