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 1-2 would be allowable if it overcome the double patenting rejections.
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 1-2 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 21 of U.S. Patent application No. (17/914,736). 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. 19052256
Claims 1, a method of processing audio content for rendering in a three-dimensional audio scene, wherein the audio content comprises a sound source at a source position, the method comprising: obtaining a voxelized representation of the three-dimensional audio scene, wherein the voxelized representation indicates volume elements in which sound can propagate and volume elements by which sound is occluded, wherein obtaining the voxelized representation is performed whenever an update of the three-dimensional audio scene occurs; obtaining a two-dimensional projection map for the audio scene, wherein the two-dimensional projection map is related to the voxelized representation by a projection operation that projects onto a horizontal plane; and determining parameters indicating a virtual source position of a virtual sound source based on the source position, a listener position, and the projection map, to simulate, by rendering a virtual source signal from the virtual source position, an impact of acoustic diffraction by the three-dimensional audio scene on a source signal of the sound source at the source position.
US patent application No. 17/914,736
1. A method of processing audio content for rendering in a three-dimensional audio scene, wherein the audio content comprises a sound source at a source position, the method comprising:
obtaining a voxelized representation of the three-dimensional audio scene, wherein the
voxelized representation indicates volume elements in which sound can propagate and volume
elements by which sound is occluded; obtaining a two-dimensional projection map for the audio scene, wherein the two-dimensional projection map is related to the voxelized representation by a projection operation that projects onto a horizontal plane, wherein the projection map comprises a grid with each element of the grid representing a horizontal position in the audio scene and indicating whether at least one volume element at that horizontal position in the voxelized representation is a volume element in which sound can propagate; and determining parameters indicating a virtual source position of a virtual sound source based on the source position, a listener position, and the projection map, to simulate, by rendering a virtual source signal from the virtual source position, an impact of acoustic diffraction by the three-dimensional audio scene on a source signal of the sound source at the source position.
Application No. 19052256
2. An apparatus for processing audio content for rendering in a three-dimensional audio scene, wherein the audio content comprises a sound source at a source position, the apparatus comprising: a first processor for obtaining a voxelized representation of the three-dimensional audio scene, wherein the voxelized representation indicates volume elements in which sound can
propagate and volume elements by which sound is occluded, wherein obtaining the voxelized
representation is performed whenever an update of the three-dimensional audio scene occurs;
a second processor for obtaining a two-dimensional projection map for the audio scene,
wherein the two-dimensional projection map is related to the voxelized representation by a
projection operation that projects onto a horizontal plane; and a third processor for determining parameters indicating a virtual source position of a virtual sound source based on the source position, a listener position, and the projection map, to simulate, by rendering a virtual source signal from the virtual source position, an impact of acoustic diffraction by the three-dimensional audio scene on a source signal of the sound source at the source position.
US patent application No. 17/914,736
21. An apparatus for processing audio content for rendering in a three-dimensional audio scene, wherein the audio content comprises a sound source at a source position, the apparatus comprising: a first processor for obtaining a voxelized representation of the three-dimensional audio scene, wherein the voxelized representation indicates volume elements in which sound can
propagate and volume elements by which sound is occluded; a second processor for obtaining a two-dimensional projection map for the audio scene, wherein the two-dimensional projection map is related to the voxelized representation by a projection operation that projects onto a horizontal plane, wherein the projection map comprises a grid with each element of the grid representing a horizontal position in the audio scene and indicating whether at least one volume element at that horizontal position in the voxelized representation is a volume element in which sound can propagate; and a third processor for determining parameters indicating a virtual source position of a virtual sound source based on the source position, a listener position, and the projection map, to simulate, by rendering a virtual source signal from the virtual source position, an impact of acoustic diffraction by the three-dimensional audio scene on a source signal of the sound source at the source position.
The subject matter claimed in the instant application is fully disclosed in the co-pending application 17914736 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 co-pending application (17914736). 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.
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, Duc Nguyen can be reached at (571) 272-7503. 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.
YOSEF K. LAEKEMARIAM
Primary Examiner
Art Unit 2651
/YOSEF K LAEKEMARIAM/Primary Examiner, Art Unit 2691
Prosecution Insights