DETAILED ACTION
In the response to this office action, the examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the examiner in prosecuting this application.
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 .
Double Patenting
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 24-42 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 13-23 of U.S. Patent No. 12170883. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are broader versions of the patent’s claims or contain only obvious differences from the patent’s claims.
Claim 24 of present application
Patent 12170883
24. (New) A method comprising:
1. A method comprising:
with a first device comprising a first processor:
generating a first pose estimate; and
rendering spatial audio data based on the first pose estimate;
with a wearable device comprising a first processor, receiving, from a companion device separate from the wearable device and comprising a second processor, spatial audio data and a first pose estimate corresponding to the wearable device that are generated by the second processor of the companion device;
with a second device comprising a second processor:
generating first refined spatial audio data based on a second pose estimate and the rendered spatial audio data, wherein the first pose estimate and the second pose estimate respectively correspond to at least one pose of the second device; and
with the first processor of the wearable device, generating a second pose estimate corresponding to the wearable device based on updating the first pose estimate;
with the first processor of the wearable device, refining the spatial audio data based on the second pose estimate; and
producing sound based on the first refined spatial audio data.
with the wearable device, producing sound based on the refined spatial audio data.
The limitations of claim 25 are found in claims 1 and 2 of patent 12170883.
The limitations of claim 26 are found in claim 2 of patent 12170883.
The limitations of claim 27 are found in claim 3 of patent 12170883.
Claim 24 is also rejected in an analogous manner to claim 1 of patent 12170883, as above, with respect to claim 13 of patent 12170883 (claim 13 has more dependent claims in series that matches the current application).
The limitations of claim 25 are found in claims 13 and 14 of patent 12170883.
The limitations of claims 26-29 are found in claims 14-17 of patent 12170883.
The limitations of claims 30-32 are found in claims 17-19 of patent 12170883.
Claim 33 of present application
Patent 12170883
33. (New) A method comprising: with a wearable device comprising a first processor, receiving a sound identifier, a spatial location, and a first pose estimate corresponding to the wearable device from a companion device separate from the wearable device and comprising a second processor;
20. A wearable device comprising:
speakers; and
a processor configured to execute computer-readable instructions which, when executed, cause the processor to:
receive, from a companion device separate from the wearable device and comprising a second processor, a sound identifier, a spatial location, and a first pose estimate corresponding to the wearable device that are generated by the second processor of the companion device;
with the first processor of the wearable device, updating the first pose estimate to generate a second pose estimate;
update the first pose estimate to generate a second pose estimate;
with the first processor of the wearable device, rendering spatial audio data based on the sound identifier, the spatial location, and the second pose estimate; and
render spatial audio data based on the sound identifier, the spatial location, and the second pose estimate; and
with the wearable device, producing sound based on the rendered spatial data.
cause the speakers to produce sound corresponding to the spatial audio data.
Claim 42 is rejected in an analogous manner to claim 33 as above.
The limitations of claims 34-37 are found in claim 21 of patent 12170883.
The limitations of claims 38 and 39 are found in claim 22 of patent 12170883.
The limitations of claims 40 and 41 are found in claim 23 of patent 12170883.
Allowable Subject Matter
Claims 24-42 would be allowable if a suitable terminal disclaimer were to be filed to overcome the obvious type double patenting rejection(s) set forth in this Office action and to include all of the limitations of any base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: KÄRKKÄINEN et al. (US 20180220253 A1) (see figures 3a-3c), De Bruijn et al (US 20220053282 A1) (paragraphs [0070] to [0072]), Li (US 9459692 B1) (see figure 3), and Wells (US 20140153751 A1) (see figure 7).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS JOHN SUTHERS whose telephone number is (571)272-0563. The examiner can normally be reached M-F, 8 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, Vivian Chin can be reached at 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS J SUTHERS/ Examiner, Art Unit 2695
/VIVIAN C CHIN/ Supervisory Patent Examiner, Art Unit 2695
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