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 1-20 would be allowable if it overcome the double patenting rejection.
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 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent application (18/455,585). 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).
Both the current application and the co-pending patent application claims similar methods of: applying a first filter to the audio input signal, aligning the first filter and a second filter, and applying the second filter to the audio input signal; adjusting a gain of the first processed signal to generate a first virtual speaker output; adjusting, based on the gain of the first processed signal, a gain of the second processed signal to generate a second virtual speaker output; determining, based on a sum of the first virtual speaker output and the second
virtual speaker output, a virtual speaker array output associated with a virtual speaker array comprising the first virtual speaker and the second virtual speaker; and presenting the virtual speaker array output to one or more of a first speaker and a second speaker, wherein the first speaker and the second speaker are associated with a wearable head device. The current application is distinct and broader than the co-pending application, since the current application not specifically disclose “receiving, at an amplitude panning stage, an audio input signal” in the independent claims (See claims below for comparison).
Application No. 18986468
1. A method comprising: receiving a first processed signal and a second processed signal, wherein the first processed signal and the second processed signal are generated based on an audio input signal, wherein the generation of the first processed signal and the second processed
signal comprises: applying a first filter to the audio input signal, aligning the first filter and a second filter, and applying the second filter to the audio input signal; adjusting a gain of the first processed signal to generate a first virtual speaker output; adjusting, based on the gain of the first processed signal, a gain of the second processed signal to generate a second virtual speaker output; determining, based on a sum of the first virtual speaker output and the second
virtual speaker output, a virtual speaker array output associated with a virtual speaker
array comprising the first virtual speaker and the second virtual speaker; and presenting the virtual speaker array output to one or more of a first speaker and a second speaker, wherein the first speaker and the second speaker are associated with a wearable head device.
Co-pending application No. 18455585
1. A method comprising: receiving, at an amplitude panning stage, an audio input signal; processing the audio input signal to generate a first processed signal and a second
processed signal, wherein the processing comprises: applying a first filter to the audio input signal, aligning the first filter and a second filter, and applying the second filter to the audio input signal; adjusting, with respect to a first virtual speaker, a gain of the first processed signal to
generate a first virtual speaker output; adjusting, with respect to a second virtual speaker, based on the gain of the first processed signal, a gain of the second processed signal to generate a second virtual speaker output; determining, based on a sum of the first virtual speaker output and the second virtual speaker output, a virtual speaker array output associated with a virtual speaker array comprising the first virtual speaker and the second virtual speaker; and presenting the virtual speaker array output to one or more of a first speaker and a second speaker, wherein the first speaker and the second speaker are associated with a wearable head device.
Application No. 18986468
8. A system comprising: a wearable head device including a first speaker and a second speaker; and one or more processors configured to perform a method comprising: receiving a first processed signal and a second processed signal, wherein the first processed signal and the second processed signal are generated based on an audio input signal, wherein the generation of the first processed signal and the second processed signal comprises: applying a first filter to the audio input signal, aligning the first filter and a second filter, and applying the second filter to the audio input signal; adjusting a gain of the first processed signal to generate a first virtual speaker output; adjusting, based on the gain of the first processed signal, a gain of the second processed signal to generate a second virtual speaker output; determining, based on a sum of the first virtual speaker output and the second virtual speaker output, a virtual speaker array output associated with a virtual speaker array comprising the first virtual speaker and the second virtual speaker; and presenting the virtual speaker array output to one or more of the first speaker and the second speaker.
Co-pending application No. 18455585
8. A system comprising: a wearable head device including a first speaker and a second speaker; and one or more processors configured to perform a method comprising: receiving, at an amplitude panning stage, an audio input signal; processing the audio input signal to generate a first processed signal and a second processed signal, wherein the processing comprises: applying a first filter to the audio input signal, aligning the first filter and a second filter, and applying the second filter to the audio input signal; adjusting, with respect to a first virtual speaker, a gain of the first processed signal to generate a first virtual speaker output; adjusting, with respect to a second virtual speaker, based on the gain of the first processed signal, a gain of the second processed signal to generate a second virtual speaker output; determining, based on a sum of the first virtual speaker output and the second virtual speaker output, a virtual speaker array output associated with a virtual speaker array comprising the first virtual speaker and the second virtual speaker; and presenting the virtual speaker array output to one or more of the first speaker and
the second speaker.
Application No. 18986468
15. A non-transitory computer-readable medium storing instructions which, when executed
by one or more processors, cause the one or more processors to perform a method
comprising: receiving a first processed signal and a second processed signal, wherein the first
processed signal and the second processed signal are generated based on an audio input
signal, wherein the generation of the first processed signal and the second processed
signal comprises: applying a first filter to the audio input signal, aligning the first filter and a second filter, and applying the second filter to the audio input signal; adjusting a gain of the first processed signal to generate a first virtual speaker output; adjusting, based on the gain of the first processed signal, a gain of the second processed signal to generate a second virtual speaker output; determining, based on a sum of the first virtual speaker output and the second
virtual speaker output, a virtual speaker array output associated with a virtual speaker
array comprising the first virtual speaker and the second virtual speaker; and presenting the virtual speaker array output to one or more of a first speaker and a second speaker, wherein the first speaker and the second speaker are associated with a wearable head device.
Co-pending application No. 18455585
15. A non-transitory computer-readable medium storing instructions which, when executed by one or more processors, cause the one or more processors to perform a method comprising:
receiving, at an amplitude panning stage, an audio input signal; processing the audio input signal to generate a first processed signal and a second processed signal, wherein the processing comprises: applying a first filter to the audio input signal, aligning the first filter and a second filter, and applying the second filter to the audio input signal; adjusting, with respect to a first virtual speaker, a gain of the first processed signal to generate a first virtual speaker output;
adjusting, with respect to a second virtual speaker, based on the gain of the first processed signal, a gain of the second processed signal to generate a second virtual speaker output; determining, based on a sum of the first virtual speaker output and the second virtual speaker output, a virtual speaker array output associated with a virtual speaker array comprising the first virtual speaker and the second virtual speaker; and presenting the virtual speaker array output to one or more of a first speaker and a second speaker, wherein the first speaker and the second speaker are associated with a wearable head device.
Application No. 18986468
2. The method of claim 1, wherein said aligning the first filter and the second filter
comprises determining an inter-filter delay (IFD) and applying the IFD to one of the first
filter and the second filter.
Co-pending application No. 18455585
2. The method of claim 1, wherein said aligning the first filter and the second filter
comprises determining an inter-filter delay (IFD) and applying the IFD to one of the first
filter and the second filter.
The subject matter claimed in the instant application is fully disclosed in the US patent application 18455585 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 (18455585). 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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YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691
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