DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: Claims 1-6 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 1-6 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-6 of U.S. Patent application No. (18469498). 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).
Application No. 19028003
1. A method for binaurally rendering a soundfield, the method comprising: receiving, from a mixer, N virtual loudspeaker feeds representing the soundfield for binaural rendering, wherein N > 1; and rendering, based on one or more head related transfer functions (HRTFs), a stereo
binaural signal, wherein the rendering comprises transforming the N virtual loudspeaker feeds
into the stereo binaural signal, wherein the stereo binaural signal comprises left and right output
signals, and wherein the rendering further comprises applying a plurality of time delays.
Co-pending application 18469498
1. A method for binaurally rendering a soundfield, the method comprising: receiving, from a mixer, N virtual loudspeaker feeds representing the soundfield for binaural rendering, wherein N> 1; and rendering, using one or more head related transfer functions (HRTFs), a stereo
binaural signal, wherein the rendering comprises transforming the N virtual loudspeaker feeds
into the stereo binaural signal by determining N signals for each of left and right ears and
generating the stereo binaural signal by summing the N signals for each of the left and right ears,
wherein the stereo binaural signal comprises left and right output signals, and wherein the
rendering further comprises applying a plurality of time delays.
Application No. 19028003
6. A system for binaurally rendering a soundfield, the system comprising: a processor configured to: receive, from a mixer, N virtual loudspeaker feeds representing the soundfield for binaural rendering, wherein N > 1; and render, based on one or more head related transfer functions (HRTFs), a stereo binaural signal, wherein the rendering configures the processor to transform the N virtual loudspeaker feeds into the stereo binaural signal, wherein the stereo binaural signal comprises left and right output signals, and wherein the rendering further configures the processor to apply a plurality of time delays.
Co-pending application 18469498
1. A system for binaurally rendering a soundfield, the system comprising: a processor configured to receive, from a mixer, N virtual loudspeaker feeds representing the soundfield for binaural rendering, wherein N> 1; and render, using one or more head related transfer functions (HRTFs), a stereo binaural signal, wherein the rendering configures the processor to transform the N virtual loudspeaker feeds into the stereo binaural signal by determining N signals for each of left and right ears and generating the stereo binaural signal by summing the N signals for each of the left and right ears, wherein the stereo binaural signal comprises left and right output signals, and
wherein the rendering further configures the processor to apply a plurality of time delays.
Application No. 19028003
2. The method of claim 1, wherein the soundfield is a B-Format soundfield.
Co-pending application 18469498
The method of claim 1, wherein the soundfield is a B-Format soundfield.
Application No. 19028003
3. The method of claim 1, wherein the soundfield is an Ambisonics soundfield.
Co-pending application 18469498
3. The method of claim 1, wherein the soundfield is an Ambisonics soundfield.
The subject matter claimed in the instant application is fully disclosed in the US patent application 18469498 since the current patent 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 (18469498). 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 co-pending 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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