DETAILED ACTION
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 1-18 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No.12,288,546 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims in the continuations are broader than the ones in patent, broad claims in the continuation application are rejected previously patented narrow claims. For example, claim 1 of the present invention is the same as claim 1 of Patent No.12,288,546 B2 except that “generating an early reflected sound that varies according to the position of the sound source.” Therefore, claim 1 of the present invention is broader than patented claim 1.
Claim Rejections - 35 USC § 103
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.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over U.S Pub. No. 2017/0099557 A1 to Saunders in view of U.S Pub. No. 2021/0120358 A1 to ELBY et al. (hereinafter “ELBY”).
Regarding claim 1, Saunders teaches a live data distribution method of distributing live sound data to venue (paragraphs [0016] and [0018]; acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form. Creating sound within an enclosed space may result in reverberation), the method comprising:
obtaining information on a sound source according to sound generated at the first venue, and information on space reverberation (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form); and
rendering the distribution data and providing sound according to the distribution data (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form. Creating sound within an enclosed space may result in reverberation. Reverberation may be caused by the sound waves that are reflected off any surfaces in the venue), wherein:
the distribution data includes ambience information according to an ambient sound; the rendering includes processing according to the ambient information to further provide the ambient sound (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form);
the ambience information includes position information of the ambient sound; and
the rendering includes localization processing of the ambient sound according to the
position information of the ambient sound and an effect processing to perceive spatial expansion that is not localization processing (Abstract, paragraphs [0010], [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form).
However, Saunders does not explicitly teach plurality of venues including a first venue and a second venue, and as distribution data; distributing the distribution data to the second venue.
In the same field of endeavor, ELBY discloses plurality of venues including a first venue and a second venue, and as distribution data; distributing the distribution data to the second venue (Abstract, paragraphs [0028]-[0031]; audio profile comprises a virtual representation of the remote venue including (i) a virtual audio source corresponding to the local venue's audio source and configured to produce the original audio and (ii) a virtual reverberation point corresponding to a real-world location in the remote venue and the portion of the local venue. As such, the modified audio is determined based on receipt of the original audio from the reverberation point. Thus, after correlating the modified audio to the local venue's audio source, the modified audio is provided by the audio source to the portion of the local venue).
At the time of the effective filing date of the invention, it would have been obvious to a person of ordinary skilled in the art to modify Saunders’s teaching with a feature of plurality of venues including a first venue and a second venue, and as distribution data; distributing the distribution data to the second venue as taught by ELBY in order to provide a virtual reverberation point corresponding to a real-world location in the remote venue and the portion of the local venue (Abstract, ELBY).
Regarding claim 2, Saunders teaches the live data distribution method according to claim 1, wherein: the information on the sound source includes an audio signal of the sound generated at the first venue and position information of the sound source, and the rendering includes localization processing of the audio signal according to the
position information (Abstract and paragraphs [0021]; a processor configured to receive an object-based audio including a plurality of audio components and create a venue-specific object-based audio based on a modification metadata by adjusting a level of at least one of the plurality of audio components of the object-based audio, the processor executing the object-based audio rendering software to render the venue-specific object-based audio in the venue).
Regarding claim 3, Saunders teaches the live data distribution method according to claim 1, wherein: the information on the space reverberation includes information for generating an indirect sound, and the rendering includes generating the indirect sound of sound of the sound source (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form).
Regarding claim 4, Saunders teaches the live data distribution method according to claim 3, wherein the information on the space reverberation varies according to the position of the sound source (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form).
Regarding claim 5, Saunders teaches the live data distribution method according to claim 1, wherein: the information on the space reverberation includes virtual space information for reproducing reverberation other than reverberation of the first venue, and
the rendering reproduces the sound according to the space reverberation, based on the
virtual space information (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form);
Regarding claim 6, Saunders teaches the live data distribution method according to claim 5, further comprising: receiving an operation to designate a space from a user at the second venue, wherein the rendering reproduces the sound according to the space reverberation, based on the virtual space information according to the space received by the operation (paragraphs [0018] and [0020]; acoustic parameters of a venue may be measured to determine the presence of negative effects, such as long reverberation times in large venues, which may interfere with dialog intelligibility and/or the surround ambiance balance).
Regarding claim 7, Saunders teaches the live data distribution method according to claim 5, further comprising: providing a live video to the second venue, wherein the virtual space information corresponds to the space reverberation of the live video (paragraphs [0009] and [0015]; where audio device 110 receives object-based audio 107 including a plurality of audio components. In some implementations, object-based audio 107 may be the audio of a movie or a recorded audio portion of a performance, such as a live performance including music, sound effects, and/or dialog of a character, such as a robotic character, an animatronic character, or a puppet character).
Regarding claim 8, Saunders does not teach the live data distribution method according to claim 1, further comprising: rendering the distribution data and providing the sound according to the distribution data at a third venue, among the plurality of venues, wherein the sound according to the space reverberation is common to the second venue and the third venue.
In the same field of endeavor, ELBY discloses rendering the distribution data and providing the sound according to the distribution data at a third venue, among the plurality of venues, wherein the sound according to the space reverberation is common to the second venue and the third venue (Abstract, paragraphs [0028]-[0031]; audio profile comprises a virtual representation of the remote venue including (i) a virtual audio source corresponding to the local venue's audio source and configured to produce the original audio and (ii) a virtual reverberation point corresponding to a real-world location in the remote venue and the portion of the local venue. As such, the modified audio is determined based on receipt of the original audio from the reverberation point. Thus, after correlating the modified audio to the local venue's audio source, the modified audio is provided by the audio source to the portion of the local venue).
At the time of the effective filing date of the invention, it would have been obvious to a person of ordinary skilled in the art to modify Saunders’s teaching with a feature of rendering the distribution data and providing the sound according to the distribution data at a third venue, among the plurality of venues, wherein the sound according to the space reverberation is common to the second venue and the third venue as taught by ELBY in order to provide a virtual reverberation point corresponding to a real-world location in the remote venue and the portion of the local venue (Abstract, ELBY).
Regarding claim 9, Saunders teaches the live data distribution method according to claim 1, wherein: the information on the sound source includes a digital signal processing model that represents acoustic characteristics of an acoustic device; and the sound according to the information on the sound source is provided to the second venue using the digital signal processing model (paragraphs [0016]-[0018]; acoustic parameters of a venue may be measured to determine the presence of negative effects, such as long reverberation times in large venues, which may interfere with dialog intelligibility and/or the surround ambiance balance. In some implementations, acoustic parameters may be obtained by taking a measurement of acoustic properties of the venue using a microphone to record the sound at a location in the venue).
Regarding claim 10, Saunders teaches the live data distribution method according to claim 1, wherein: the information on the space reverberation includes a digital signal processing model that represents acoustic characteristics of a room; and
the sound according to the space reverberation is provided to the second venue using the digital signal processing model (paragraphs [0016]; Standing waves occur when the wavelength of the audio is the same length as the distance between two parallel walls in a room and the produced sound wave bounces off one wall and is reflected back, constructively interfering with the wave coming from the sound source).
Regarding claim 11, Saunders teaches the live data distribution method according to claim 1, further comprising: distributing position information that shows a position of a structure installed in the first venue, wherein the information on the sound source includes an audio signal of the sound generated at the first venue and position information of the sound source, and wherein the rendering includes signal processing of the audio signal based on the position information that shows the position of the structure and the position information of the sound source (Abstract, paragraphs [0010] and [0016]-[0018]; additional considerations may include the presence of slap or flutter echoes between acoustically reflective surfaces, issues arising in outdoor venues, such as venues with high ambient noise levels from sources such as air conditioning or proximity to other noise sources with a noise criterion greater than about 30).
Regarding claim 12, Saunders teaches a live data distribution system for distributing live sound data to venue (paragraphs [0016] and [0018]; acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form. Creating sound within an enclosed space may result in reverberation), the system comprising:
a live data distribution apparatus including at least a first processor that obtains and distributes information on a sound source according to sound generated at the first venue, and information on space reverberation, as distribution data; and a live data reproduction apparatus including at least a second processor that renders the distribution data and provides sound (Abstract, paragraphs [0009] and [0015]; where audio device 110 receives object-based audio 107 including a plurality of audio components. In some implementations, object-based audio 107 may be the audio of a movie or a recorded audio portion of a performance, such as a live performance including music, sound effects, and/or dialog of a character, such as a robotic character, an animatronic character, or a puppet character), wherein:
the distribution data includes ambience information according to an ambient sound; the rendering includes processing according to the ambient information to further provide the ambient sound (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form);
the ambience information includes position information of the ambient sound; and
the rendering includes localization processing of the ambient sound according to the
position information of the ambient sound and an effect processing to perceive spatial expansion that is not localization processing (Abstract, paragraphs [0010], [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form).
However, Saunders does not explicitly teach plurality of venues including a first venue and a second venue, and as distribution data; distributing the distribution data to the second venue.
In the same field of endeavor, ELBY discloses plurality of venues including a first venue and a second venue, and as distribution data; distributing the distribution data to the second venue (Abstract, paragraphs [0028]-[0031]; audio profile comprises a virtual representation of the remote venue including (i) a virtual audio source corresponding to the local venue's audio source and configured to produce the original audio and (ii) a virtual reverberation point corresponding to a real-world location in the remote venue and the portion of the local venue. As such, the modified audio is determined based on receipt of the original audio from the reverberation point. Thus, after correlating the modified audio to the local venue's audio source, the modified audio is provided by the audio source to the portion of the local venue).
At the time of the effective filing date of the invention, it would have been obvious to a person of ordinary skilled in the art to modify Saunders’s teaching with a feature of plurality of venues including a first venue and a second venue, and as distribution data; distributing the distribution data to the second venue as taught by ELBY in order to provide a virtual reverberation point corresponding to a real-world location in the remote venue and the portion of the local venue (Abstract, ELBY).
Regarding claim 13, Saunders teaches the live data distribution system according to claim 12, wherein: the information on the sound source includes an audio signal of the sound generated at the first venue and position information of the sound source; and the rendering by the at least the second processor includes localization processing of the audio signal according to the position information (Abstract and paragraphs [0021]; a processor configured to receive an object-based audio including a plurality of audio components and create a venue-specific object-based audio based on a modification metadata by adjusting a level of at least one of the plurality of audio components of the object-based audio, the processor executing the object-based audio rendering software to render the venue-specific object-based audio in the venue).
Regarding claim 14, Saunders teaches the live data distribution system according to claim 12, wherein: the information on the space reverberation includes information for generating an indirect sound; and the rendering by the at least the second processor includes generating the indirect sound of sound of the sound source (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form).
Regarding claim 15, Saunders teaches the live data distribution system according to claim 12, wherein the information on the space reverberation varies according to the position of the sound source (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form).
Regarding claim 16, Saunders teaches the live data distribution system according to claim 12, wherein: the information on the space reverberation includes virtual space information for reproducing reverberation other than reverberation of the first venue; and the rendering by the at least the second processor reproduces the sound according to the space reverberation, based on the virtual space information (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form).
Regarding claim 17, Saunders teaches the live data distribution system according to claim 16, wherein: the live data reproduction apparatus receives an operation to designate a space from a user at the second venue; and the rendering by the at least the second processor reproduces the sound according to the space reverberation, based on the virtual space information corresponding to the space received by the operation (paragraphs [0018] and [0020]; acoustic parameters of a venue may be measured to determine the presence of negative effects, such as long reverberation times in large venues, which may interfere with dialog intelligibility and/or the surround ambiance balance).
Regarding claim 18, Saunders teaches a live data distribution apparatus for distributing live sound to venue (paragraphs [0016] and [0018]; acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form. Creating sound within an enclosed space may result in reverberation), the live data distribution apparatus comprising: at least one processor that: obtains information on a sound source according to sound generated at the first venue, and information on space reverberation (paragraphs [0016] and [0018]; acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form. Creating sound within an enclosed space may result in reverberation),
the distribution data includes ambience information according to an ambient sound (Abstract, paragraphs [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form);
the rendering includes processing according to the ambient information to further provide the ambient sound; the ambience information includes position information of the ambient sound; and the rendering includes localization processing of the ambient sound according to the position information of the ambient sound and an effect processing to perceive spatial expansion that is not localization processing (Abstract, paragraphs [0010], [0016] and [0018]; audio enhancement software 140 may use modification metadata 150 to adjust the relative level of the dialog component, the music component, the effects component and/or surround immersiveness of a sound balance based on acoustic properties of the venue. Acoustic properties of the venue may include reverberation, the production of standing waves and the fact that bass frequencies need at least one quarter of their cycle to fully form).
However, Saunders does not explicitly teach plurality of venues including a first venue and a second venue, and as distribution data; distributing the distribution data to the second venue and wherein a reproduction apparatus at the second venue renders the distribution data and provides sound according to the distribution data at the second venue.
In the same field of endeavor, ELBY discloses plurality of venues including a first venue and a second venue, and as distribution data; distributing the distribution data to the second venue and wherein a reproduction apparatus at the second venue renders the distribution data and provides sound according to the distribution data at the second venue (Abstract, paragraphs [0028]-[0031]; audio profile comprises a virtual representation of the remote venue including (i) a virtual audio source corresponding to the local venue's audio source and configured to produce the original audio and (ii) a virtual reverberation point corresponding to a real-world location in the remote venue and the portion of the local venue. As such, the modified audio is determined based on receipt of the original audio from the reverberation point. Thus, after correlating the modified audio to the local venue's audio source, the modified audio is provided by the audio source to the portion of the local venue).
At the time of the effective filing date of the invention, it would have been obvious to a person of ordinary skilled in the art to modify Saunders’s teaching with a feature of plurality of venues including a first venue and a second venue, and as distribution data; distributing the distribution data to the second venue and wherein a reproduction apparatus at the second venue renders the distribution data and provides sound according to the distribution data at the second venue as taught by ELBY in order to provide a virtual reverberation point corresponding to a real-world location in the remote venue and the portion of the local venue (Abstract, ELBY).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AKELAW A TESHALE whose telephone number is (571)270-5302. The examiner can normally be reached 9 am -6pm.
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.
AKELAW TESHALE
Primary Examiner
Art Unit 2694
/AKELAW TESHALE/Primary Examiner, Art Unit 2694
Prosecution Insights