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
1. 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 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.
Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent 11,350,231. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are narrower than those in U.S. Patent 11,350,231.
11,350,231 17/183360
19/085394
1. A method for audio reproduction of an audio object by a playback device, the method comprising: receiving, by a receiver, the audio object and location metadata, wherein the location metadata uniquely corresponds to the audio object, and wherein the location metadata indicates a sound reproduction location of the audio object relative to a reference screen, and wherein the location metadata further includes angle information of the audio object relative to the reference screen; receiving display screen metadata, wherein the display screen metadata indicates information of a display screen of the playback device;
determining, by a processor, a reproduction location for sound reproduction of the audio object relative to the display screen, wherein the reproduction location is determined based on the location metadata and the display screen metadata; and rendering, by the playback device, the audio object at the reproduction location.
1. A method for audio reproduction of an audio object using a playback device, the method comprising: receiving the audio object and audio metadata, wherein the audio metadata uniquely corresponds to the audio object, and wherein the audio metadata indicates an audio reproduction location of the audio object relative to a reference screen, and wherein the audio metadata further includes angle information of the audio object relative to the reference screen; receiving display screen metadata, wherein the display screen metadata indicates information of a display screen of the playback device,
wherein the information comprises a dimension of the display screen, wherein the angle information comprises an angle relative to a reference point of the display screen;
determining a reproduction location for the audio reproduction of the audio object relative to the display screen, wherein the reproduction location is determined based on the audio metadata and the display screen metadata; and rendering, using the playback device, the audio object at the reproduction location.
Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of U.S. Patent 11,350,231. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are narrower than those in U.S. Patent 11,350,231.
11,350,231 17/183360
19/085394
2. The method of claim 1, wherein the audio object is a center channel audio signal.
2. The method of claim 1, wherein the audio object is a center channel audio signal.
Claim 3 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent 11,350,231. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are narrower than those in U.S. Patent 11,350,231.
11,350,231 17/183360
19/085394
3. The method of claim 1, further comprising receiving a plurality of other audio signals for a front left speaker, a front right speaker, a back left speaker, and a back right speaker.
3. The method of claim 1, further comprising receiving a plurality of other audio signals for a front left speaker, a front right speaker, a back left speaker, and a back right speaker.
Claim 4 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent 11,350,231. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are narrower than those in U.S. Patent 11,350,231.
11,350,231 17/183360
19/085394
6. A non-transitory computer readable medium storing a computer program that, when executed by the processor, controls an apparatus to execute the method of claim 1.
4. A non-transitory computer readable medium storing a computer program that, when executed by the processor, controls an apparatus to execute the method of claim 1.
Claim 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent 11,350,231. Although the claims at issue are not identical, they are not patentably distinct from each other because claims in the present application are narrower than those in U.S. Patent 11,350,231.
11,350,231 17/183360
19/085394
9. A playback apparatus for audio reproduction of an audio object, the playback apparatus comprising: a first receiver for receiving an audio object and location metadata, wherein the location metadata uniquely corresponds to the audio object, and wherein the location metadata indicates a sound reproduction location of the audio object relative to a reference screen, and wherein the location metadata further includes angle information of the audio object relative to the reference screen; a second receiver for receiving display screen metadata, wherein the display screen metadata indicates information of a display screen of the playback apparatus; a processor for determining a reproduction location for sound reproduction of the audio object relative to a display screen, wherein the reproduction location is determined based on the location metadata and a display screen metadata; and a renderer for rendering the audio object at the reproduction location.
5. A playback apparatus for audio reproduction of an audio object, the playback apparatus comprising one or more processors configured to perform operations comprising: receiving the audio object and audio metadata, wherein the audio metadata uniquely corresponds to the audio object, and wherein the audio metadata indicates an audio reproduction location of the audio object relative to a reference screen, and wherein the audio metadata further includes angle information of the audio object relative to the reference screen; receiving display screen metadata, wherein the display screen metadata indicates information of a display screen of the playback apparatus, wherein the information comprises a dimension of the display screen, wherein the angle information comprises an angle relative to a reference point of the display screen; determining a reproduction location for the audio reproduction of the audio object relative to the display screen, wherein the reproduction location is determined based on the audio metadata and the display screen metadata; and rendering the audio object at the reproduction location .
Allowable Subject Matter
2. Claims 1-5 would be allowable if applicant is able to overcome statutory double patenting rejection set forth in this office action.
3. Claims 1-5 would be allowable upon a Terminal Disclaimer being filed to overcome the double patenting rejection(s) set forth in this office action.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASSAD MOHAMMED whose telephone number is (571)270-7253. The examiner can normally be reached 9:00AM-5:00PM.
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.
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/ASSAD MOHAMMED/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
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