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 .
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 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 9,930,464. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 of the present application are anticipated by claims 1-19 of the patent.
Claim 1 (present application)
Claims 1, 9 (US 9930464)
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising:
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or a soundfield, the method comprising: (claim 1)
receiving a bitstream containing the compressed HOA representation; determining whether the bit stream comprises a single layer or multi-layers; and
receiving a bit stream containing the compressed HOA representation; (claim 1)
determining whether there are multiple layers relating to the compressed HOA representation; (claim 1)
decoding the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations based on a determination that the bit stream comprises only the single layer,
decoding, based on a determination that there are multiple layers, the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations that includes a first subset of the sequence of decoded HOA representations which corresponds to a first set of indices and a second subset of the sequence of decoded HOA representations that corresponds to a second set of indices, (claim 1)
based on a determination that there are not multiple layers, that there is a single layer, and, based on the determination of the single layer, determining, for a frame k, a single layer decoded HOA representation based on an addition of a corresponding predominant HOA sound component (ĈPS(k−1)) and a corresponding ambient HOA component (Ĉ)AMB(k−1)). (claim 9)
wherein decoding the compressed HOA representation comprises determining predominant HOA sound component(s) based on a predominant sound synthesis, determining ambient HOA component(s) based on ambience synthesis, and the sequence of decoded HOA representations is based on an addition of the predominant HOA sound component(s) and the ambient HOA component(s), respectively.
wherein, for each index in the first set of indices, a corresponding decoded HOA representation in the first subset is determined based on only a corresponding ambient sound component, and wherein, for each index in the second set of indices, a corresponding decoded HOA representation in the second subset is determined based on a corresponding ambient sound component and a corresponding predominant sound component, and wherein the first set of indices is different than the second set of indices. (claim 1)
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 9,818,413. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 of the present application are anticipated by claims 1-9 of the patent.
Claim 1 (present application)
Claims 1, 4 (US 9818413)
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising:
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising: (claim 1)
receiving a bitstream containing the compressed HOA representation; determining whether the bit stream comprises a single layer or multi-layers; and
receiving a bit stream containing the compressed HOA representation; (claim 1)
determining whether there are multiple layers relating to the compressed HOA representation; (claim 1)
decoding the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations based on a determination that the bit stream comprises only the single layer,
decoding, based on a determination that there are multiple layers, the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations, wherein a first subset of the sequence of the sequence of decoded HOA representations corresponds to a first set of indices and a second subset of the sequence of decoded HOA representations corresponds to a second set of indices, (claim 1)
further determining, based on a determination that there are not multiple layers, that there is a single layer, and, based on the determination of the single layer, determining, for a frame k, a single layer decoded HOA representation based on an addition of a corresponding predominant HOA sound component (ĈPS(k−1)) and a corresponding ambient HOA component ({tilde over (Ĉ)AMB(k−1)). (claim 4)
wherein decoding the compressed HOA representation comprises determining predominant HOA sound component(s) based on a predominant sound synthesis, determining ambient HOA component(s) based on ambience synthesis, and the sequence of decoded HOA representations is based on an addition of the predominant HOA sound component(s) and the ambient HOA component(s), respectively.
wherein the first set of indices is based on ο.sub.MIN channels, wherein, for each index in the first set of indices, a corresponding decoded HOA representation in the first subset is determined based on only a corresponding ambient HOA components, wherein the second set of indices is determined based on at least one of the multiple layers, and wherein a fade in and fade out of HOA coefficients of the sequence of decoded HOA representations is performed if indices of the sequence of decoded HOA representations vary between successive frames. (claim 1)
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 10,127,914. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 of the present application are anticipated by claims 1-5 of the patent.
Claim 1 (present application)
Claims 1, 2 (US 10,127,914)
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising:
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising: (claim 1)
receiving a bitstream containing the compressed HOA representation; determining whether the bit stream comprises a single layer or multi-layers; and
receiving a bit stream containing the compressed HOA representation; (claim 1)
determining whether there are multiple layers relating to the compressed HOA representation; (claim 1)
decoding the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations based on a determination that the bit stream comprises only the single layer,
decoding, based on a determination that there are multiple layers, the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations, (claim 1)
further determining, based on a determination that there are not multiple layers, that there is a single layer, and, based on the determination of the single layer, determining, for a frame k, a single layer decoded HOA representation based on an addition of a corresponding predominant HOA sound component (ĈPS(k−1)) and a corresponding ambient HOA component ({tilde over (Ĉ)AMB(k−1)). (claim 2)
wherein decoding the compressed HOA representation comprises determining predominant HOA sound component(s) based on a predominant sound synthesis, determining ambient HOA component(s) based on ambience synthesis, and the sequence of decoded HOA representations is based on an addition of the predominant HOA sound component(s) and the ambient HOA component(s), respectively.
wherein the first set of indices is based on ο.sub.MIN channels, wherein, for each index in the first set of indices, a corresponding decoded HOA representation in the first subset is determined based on only a corresponding ambient HOA components, wherein the second set of indices is determined based on at least one of the multiple layers, and wherein a fade in and fade out of HOA coefficients of the sequence of decoded HOA representations is performed if indices of the sequence of decoded HOA representations vary between successive frames. (claim 1)
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 10,679,634. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 of the present application are anticipated by claims 1-5 of the patent.
Claim 1 (present application)
Claims 1, 2 (US 10,679,634)
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising:
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising: (claim 1)
receiving a bitstream containing the compressed HOA representation; determining whether the bit stream comprises a single layer or multi-layers; and
receiving a bit stream containing the compressed HOA representation; (claim 1)
decoding the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations based on a determination that the bit stream comprises only the single layer,
decoding, based on a determination that there are multiple layers, the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations, (claim 1)
further determining, based on a determination that there are not multiple layers, that there is a single layer, and, based on the determination of the single layer, determining, for a frame k, a single layer decoded HOA representation based on an addition of a corresponding predominant HOA sound component (ĈPS(k−1)) and a corresponding ambient HOA component ({tilde over (Ĉ)AMB(k−1)). (claim 2)
wherein decoding the compressed HOA representation comprises determining predominant HOA sound component(s) based on a predominant sound synthesis, determining ambient HOA component(s) based on ambience synthesis, and the sequence of decoded HOA representations is based on an addition of the predominant HOA sound component(s) and the ambient HOA component(s), respectively.
wherein a first subset of the sequence of decoded HOA representations is determined based only on corresponding ambient HOA components, wherein a second subset of the sequence of decoded HOA representations is determined based on corresponding ambient HOA components and corresponding predominant sound components… (claim 1)
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 of U.S. Patent No. 11,462,222. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 of the present application are anticipated by claims 1-5 of the patent.
Claim 1 (present application)
Claims 1, 2 (US 11,462,222)
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising:
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising: (claim 1)
receiving a bitstream containing the compressed HOA representation; determining whether the bit stream comprises a single layer or multi-layers; and
receiving a bit stream containing the compressed HOA representation; (claim 1)
decoding the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations based on a determination that the bit stream comprises only the single layer,
decoding, based on a determination that there are multiple layers, the compressed HOA representation from a bitstream to obtain a sequence of decoded HOA representations, (claim 1)
further determining, based on a determination that there are not multiple layers, that there is a single layer, and, based on the determination of the single layer, determining, for a frame k, a single layer decoded HOA representation based on an addition of a corresponding predominant HOA sound component (ĈPS(k−1)) and a corresponding ambient HOA component ({tilde over (Ĉ)AMB(k−1)). (claim 2)
wherein decoding the compressed HOA representation comprises determining predominant HOA sound component(s) based on a predominant sound synthesis, determining ambient HOA component(s) based on ambience synthesis, and the sequence of decoded HOA representations is based on an addition of the predominant HOA sound component(s) and the ambient HOA component(s), respectively.
wherein a first subset of the sequence of decoded HOA representations is determined based only on corresponding ambient HOA components, wherein a second subset of the sequence of decoded HOA representations is determined based on corresponding ambient HOA components and corresponding predominant sound components… (claim 1)
Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. 11,830,504. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 of the present application are anticipated by claims 1-5 of the patent.
Claim 1 (present application)
Claims 1, 2 (US 11,830,504)
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising:
A method of decoding a compressed Higher Order Ambisonics (HOA) representation of a sound or soundfield, the method comprising: (claim 1)
receiving a bitstream containing the compressed HOA representation; determining whether the bit stream comprises a single layer or multi-layers; and
receiving a bit stream containing the compressed HOA representation;
determining whether the bit stream comprises a single layer or multi-layers; and (claim 1)
decoding the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations based on a determination that the bit stream comprises only the single layer,
decoding the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations based on a determination that the bit stream comprises only the single layer, (claim 1)
wherein decoding the compressed HOA representation comprises determining predominant HOA sound component(s) based on a predominant sound synthesis, determining ambient HOA component(s) based on ambience synthesis, and the sequence of decoded HOA representations is based on an addition of the predominant HOA sound component(s) and the ambient HOA component(s), respectively.
wherein, for a frame k, the compressed HOA representation is decoded based on an addition of a corresponding predominant HOA sound component and a corresponding ambient HOA component. (claim 1)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kruger et al. (US 2015/0332679 A1) teach HOA sound field compression and decompression into a number of dominant directional signals and a residual ambient component, but differs from claims 1-3 in that it does not teach or fairly suggest: determining whether the bit stream comprises a single layer or multi-layers; and decoding the compressed HOA representation from the bitstream to obtain a sequence of decoded HOA representations based on a determination that the bit stream comprises only the single layer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Stella L Woo whose telephone number is (571)272-7512. The examiner can normally be reached Monday - Friday, 8 a.m. to 5 p.m.
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, Ahmad Matar can be reached at 571-272-7488. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
STELLA L. WOO
Primary Examiner
Art Unit 2693
/Stella L. Woo/Primary Examiner, Art Unit 2693
