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 .
Status of Application
This communication is responsive to the applicant's application filed 05/21/2025.
Claims 21-41 are pending. Claims 1-20 have been cancelled.
Claim Objections
Claim 23 is objected to because of the following informalities: parameter “2hr” in line 3 appears should be “hr”, see original filed specification para [0156]. Appropriate correction is required.
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 §§ 706.02(l) (1) - 706.02(l) (3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,080,302. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-41 of the current Application are broader than claims 1-19 in the patent. See 214 U.S.P.Q. 761 In re Van Ornum and Stanz.
Below is a chart showing the similarities and differences of instant application independent claim 1; and U.S. Patent No. 12,080,302, independent claim 1.
Regarding dependent claims 22-41, the claimed limitations are worded substantially the same as presented in dependent claims 2-19 of U.S. Patent No. 12,080,302. Claim limitations of claims 27 and 28 are presented in claim 1 of U.S. Patent No. 12,080,302.
19/083,019
12,089,019
21. A filtering apparatus for audio signal filtering, the filtering apparatus comprising:
processing circuitry; and
memory, the memory containing instructions executable by the processing circuitry, wherein the filtering apparatus is configured to perform a method comprising:
generating a pair of filters for a certain location specified by an elevation angle Ɵ and an azimuth angle φ, the pair of filters consisting of a right filter (hr(Ɵ, φ)) and a left filter (hI(Ɵ, φ);
filtering an audio signal using the right filter; and
filtering the audio signal using the left filter, wherein
generating the pair of filters comprises:
i) obtaining at least a first set of elevation basis function values at the elevation angle;
ii) obtaining at least a first set of azimuth basis function values at the azimuth angle;
iii) generating the right filter using: a) at least the first set of elevation basis function values, b) at least the first set of azimuth basis function values, and c) right filter model parameters; and
iv) generating the left filter using: a) at least the first set of elevation basis function values, b) at least the first set of azimuth basis function values, and c) left filter model parameters.
1. A method for audio signal filtering, the method comprising:
generating a pair of filters for a certain location specified by an elevation angle Ɵ and an azimuth angle φ, the pair of filters consisting of a right filter (hr(Ɵ, φ)) and a left filter (hI(Ɵ, φ);
filtering an audio signal using the right filter; and
filtering the audio signal using the left filter, wherein
generating the pair of filters comprises:
i) obtaining at least a first set of elevation basis function values at the elevation angle;
ii) obtaining at least a first set of azimuth basis function values at the azimuth angle;
iii) generating the right filter using: a) at least the first set of elevation basis function values, b) at least the first set of azimuth basis function values, and c) right filter model parameters; and iv) generating the left filter using: a) at least the first set of elevation basis function values, b) at least the first set of azimuth basis function values, and c) left filter model parameters,
obtaining the first set of elevation basis function values comprises, for each elevation basis function included in a first set of elevation basis functions, evaluating the elevation basis function at the elevation angle to produce an elevation basis function value corresponding to the elevation angle and the elevation basis function,
obtaining the first set of azimuth basis function values comprises, for each azimuth basis function included in a first set of azimuth basis functions, evaluating the azimuth basis function at the azimuth angle to produce an azimuth basis function value corresponding to the azimuth angle and the azimuth basis function,
each of the elevation basis functions included in the first set of elevation basis functions is a B-spline basis function, and
each of the azimuth basis functions included in the first set of azimuth basis functions is a periodic b-spline basis function.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Issued patent(s) 12,283,280 of parent application(s) 17/388,549 is made of record here as pertinent art to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XU MEI whose telephone number is (571)272-7523. The examiner can normally be reached on Monday-Friday 10-6:30 est.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached on 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XU MEI/ Primary Examiner, Art Unit 2695 08/19/2026
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