DETAILED ACTION
1. This action is responsive to application 19/011,175 filed 1/6/2025 and is a CON of 12,205,607 (17/633,829).
Notice of Pre-AIA or AIA Status
2. 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
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 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.
4. Claims 1-13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8-13 of U.S. Patent No. 12,205,607. Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar limitations, where the patent claim is narrower than the application and thus anticipates the application claim language.
19/011,175
1. A method for generating a modified MPEG-D USAC-based bitstream by a source device comprising a receiver and an embedder, wherein the method includes the steps of:
a) receiving, by the receiver, a bitstream including coded media data;
b) generating, by the embedder, payload of additional audio data and embedding the payload in the bitstream for obtaining, as an output from the embedder, a modified bitstream including the coded media data and the payload of the additional audio data, wherein the generated payload is embedded in the bitstream by transporting the payload in the bitstream via a USAC-type bitstream extension mechanism, wherein the USAC-type bitstream extension mechanism is a new USAC-type bitstream extension element including a unique identifier or an array extension element, and wherein the additional audio data is uncompressed audio data; and
c) outputting the modified bitstream to a sink device.
12,205,607
1. A method for generating a modified MPEG-D USAC-based bitstream by a source device comprising a receiver and an embedder, wherein the method comprises:
a) receiving, by the receiver, a bitstream including coded media data;
b) generating, by the embedder, payload of additional audio data and embedding the payload in the bitstream for obtaining, as an output from the embedder, a modified bitstream including the coded media data and the payload of the additional audio data, wherein the generated payload is embedded in the bitstream by transporting the payload in the bitstream via a USAC-type bitstream extension mechanism, wherein the USAC-type bitstream extension mechanism is a USAC-type bitstream extension element including a unique identifier or an array extension element, and wherein the additional audio data are uncompressed PCM audio data including one or more earcon-data generated at the source device; and
c) outputting the modified bitstream to a sink device.
Claim Rejections - 35 USC § 102
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
6. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
7. Claims 7-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baumgarte (2014/0297291).
Regarding claim 7 Baumgarte teaches A method for processing a modified MPEG-D USAC-based bitstream by a sink device comprising a receiver, a bitstream parser, a core decoder and mixer (figure 1 receiver; bitstream demultiplex; audio decoder; and incorporating gain modifications with audio; 124 MPEG-D USAC), wherein the method includes the steps of:
a) receiving, by the receiver, a modified bitstream including coded media data, payload of additional audio data and a USAC-type bitstream extension mechanism, wherein the USAC-type bitstream extension mechanism is a new USAC-type bitstream extension element including a unique identifier or an array extension element, and wherein the additional audio data are uncompressed audio data
(figure 1; fig 4: audio encoder-audio data; PCM audio-DRC-DRC metadata; Bitstream multiplexer; to receiver; para 0047: DRC metadata may be transmitted along with audio bitstream;
0002: system and method for applying Dynamic Range Control/Compression (DRC) to an audio signal;
0020: Metadata systems which incorporate DRC metadata into the bitstream;
112: bitstream contains the DRC metadata; 0124-0126: MPEG-D USAC; DRC metadata extension; in USAC new extension payload can be carried in extension payload element UsacExtElement)
b) parsing, by the bitstream parser, the modified bitstream into the coded media data and the payload of additional audio data, wherein the parsing is further based on identifying the USAC-type bitstream extension mechanism in the modified bitstream (figure 1: receiver; bitstream demultiplex; audio decoder; 112; 124-126);
c) core decoding, by the core decoder, the coded media data to obtain core decoded media data (figure 1 audio data-audio decoder-decoded audio);
d) mixing, by the mixer, the core decoded media data and the additional audio data to obtain an output signal (figure 1; figure 4 showing PCM audio); and
e) outputting the output signal (figure 1 adjusted audio output signal).
Regarding claim 8 Baumgarte teaches the method according to claim 7, wherein the modified bitstream further includes information on the additional audio data, and wherein the method further includes, after step a) and before step b), a step of processing the modified bitstream based on the information (figure 1 bitstream demultiplex receiving modified bitstream from transmitter (see fig 4); 126).
Regarding claim 9 Baumgarte teaches the method according to claim 8, wherein the information includes one or more of information on a configuration of the additional audio data, information on a presence of the additional audio data in the modified bitstream, information on a default loudness value, information on a value for delay alignment, information on delay adaption, information on panning and information on a type of the additional audio data (fig 1 DRC metadata; fig 4; 0003; 0020: metadata systems which incorporate DRC metadata into the bitstream).
Regarding claim 10 Baumgarte teaches the method according to claim 7, wherein the modified bitstream further includes information relating to a relative gain between the coded media data and the additional audio data, and wherein mixing in step d) the core decoded media data and the additional audio data is based on the information relating to the relative gain (fig 1: gain information to be applied to decoded audio; 0003: DRC; 0005: applying DRC gain values to a piece of sound program content; 0030: gain samples).
Regarding claim 11 Baumgarte teaches the method according to claim 7, wherein the method further includes the step of processing, by a processing unit, the additional audio data prior to mixing the core decoded media data and the additional audio data (fig 1 DRC gain decoding – decoded audio – then mixed/combined to incorporate gain/DRC information).
Regarding claim 12 Baumgarte teaches the method according to claim 11, wherein processing the additional audio data includes one or more of resampling, delay adaption and loudness processing (0003: Dynamic Range Control (DRC) (1) making soft parts in the audio signal louder; (2) making loud parts in the audio signal softer; or (3) both making soft parts louder and making loud parts softer.).
Claim Rejections - 35 USC § 103
8. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
9. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
10. Claims 1-6, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sahay (2018/0077483) in view of Baumgarte (2014/0297291)
Regarding claim 1 Sahay teaches a source device comprising a receiver and a) receiving, by the receiver, a bitstream including coded media data (fig 3 mobile device 32, streaming media 15, headphones 10; para 0018: alerting user of sounds when listening to audio/streaming media; system includes headphones, mobile device; mobile device may be arranged as an audio source and provide the streaming media signal to the headphones; headphones and mobile device may be wirelessly coupled via Bluetooth;
22: warrants generating an alert to notify the user of the headphones; provide an alert (e.g. audible) to the mobile device and/or headphones; 25 transceiver).
Sahay does not specifically teach where
Baumgarte (2014/0297291) teaches A method for generating a modified MPEG-D USAC-based bitstream by a source device comprising [a receiver and] an embedder (fig 4 & para 0011: transmitter, bitstream multiplexer; 0005: system and method for encoding and applying Dynamic Range Control/Compression gain values to a piece of sound program content; 20: Metadata systems which incorporate DRC metadata into the bitstream; 124: MPEG-D USAC), wherein the method includes the steps of:
[a) receiving, by the receiver, a bitstream including coded media data;]
b) generating, by the embedder, payload of additional audio data and embedding the payload in the bitstream for obtaining, as an output from the embedder, a modified bitstream including the coded media data and the payload of the additional audio data, wherein the generated payload is embedded in the bitstream by transporting the payload in the bitstream via a USAC-type bitstream extension mechanism, wherein the USAC-type bitstream extension mechanism is a new USAC-type bitstream extension element including a unique identifier or an array extension element, and wherein the additional audio data is uncompressed audio data
(fig 4: audio encoder-audio data; PCM audio-DRC-DRC metadata; Bitstream multiplexer; to receiver; para 0047: DRC metadata may be transmitted along with audio bitstream;
0002: system and method for applying Dynamic Range Control/Compression (DRC) to an audio signal;
0020: Metadata systems which incorporate DRC metadata into the bitstream;
112: bitstream contains the DRC metadata; 0124-0126: MPEG-D USAC; DRC metadata extension; in USAC new extension payload can be carried in extension payload element UsacExtElement); and
c) outputting the modified bitstream to a sink device (fig 4 to receiver; fig 1 receiver).
Sahay teaches a mobile device that receives streaming media and user preferred alerts, and sends to user headphones. Sahay also discusses a need to alert a user and send additional audio data when a user is listening to streaming media through their headphones (0002-0003). In a similar field of endeavor, Baumgarte teaches generating and transmitting a media bitstream with additional audio data. It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate Baumgarte to create a modified bitstream with media data and additional audio data for more efficient transmission of the data. The incorporation of Baumgarte would allow for lower complexity at playback of the audio signal (Baumgarte 0020) and better allow for a user to receive additional audio data while listening to media content.
Regarding claim 2 Sahay, Baumgarte teach the method according to claim 1, where Baumgarte further teaches wherein step b) further includes generating information on the additional audio data and embedding the information in the bitstream (fig 4; para 0020; 0047: DRC metadata may be transmitted along with audio bitstream; 126).
Rejected for similar rationale and reasoning as claim 1.
Regarding claim 3 Sahay, Baumgarte teach the method according to claim 2, where Baumgarte further teaches wherein the generated information includes one or more of information on a configuration of the additional audio data, information on a presence of the additional audio data in the modified bitstream, information on a default loudness value, information on a value for delay alignment, information on delay adaption, information on panning and information on a type of the additional audio data (0003 DRC (1) making soft parts in the audio signal louder; (2) making loud parts in the audio signal softer; or (3) both making soft parts louder and making loud parts softer; 0020; 0047; 126).
Rejected for similar rationale and reasoning as claim 1.
Regarding claim 4 Sahay, Baumgarte teach the method according claim 1 where Baumgarte further teaches wherein step b) further includes generating information relating to a relative gain between the coded media data and the additional audio data and embedding the information relating to the relative gain in the bitstream (fig 1: gain modifications; 0005: DRC gain values; para 0020: Metadata systems which incorporate DRC metadata into the bitstream; 0047: DRC metadata may be transmitted along with audio bitstream).
Rejected for similar rationale and reasoning as claim 1.
Regarding claim 5 Sahay, Baumgarte teach the method according to claim 1 where Baumgarte further teaches wherein the generated information and/or the generated information relating to the relative gain are embedded in the bitstream by transporting the generated information and/or the generated information relating to the relative gain in the bitstream via the USAC-type bitstream extension mechanism (0003; 0005; 124-126 MPEG-D USAC; DRC metadata extension; in USAC new extension payload can be carried in extension payload element UsacExtElement)).
Rejected for similar rationale and reasoning as claim 1.
Regarding claim 6 Sahay, Baumgarte teach the method according to claim 1, where Sahay teaches wherein in step c) the modified bitstream is output to the sink device via a Bluetooth connection (fig 3; 0018).
Regarding claim 13 Sahay and Baumgarte teach
A non-transitory computer program product comprising a computer-readable storage medium with instructions adapted to cause the device to carry out the method according to any claim I when executed by a device having processing capability.
Claim 13 recites limitations similar to claim 1 and is rejected for similar rationale and reasoning
Conclusion
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/SHAUN ROBERTS/Primary Examiner, Art Unit 2655/RD00
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