Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . See 35 U.S.C. § 100 (note).
Art Rejections
Obviousness
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.
Claims 1–18 are rejected under 35 U.S.C. § 103 as being unpatentable over the combination of US Patent Application Publication 2021/0076153 (effectively filed 18 December 2017) (“Laaksonen”) and WO 2019/067620 A1 (published 04 April 2019) (“Zermatt”).
Claim 1 is drawn to “a method.” The following table illustrates the correspondence between the claimed method and the Laaksonen reference.
Claim 1
The Laaksonen Reference
“1. A method comprising:
The Laaksonen reference similarly describes a method for rendering audio by spatializing/virtualizing audio relative to a user’s position and modifying the rendering based on the distance between the user and a sound source to produce different levels of rendering in different contexts. Laaksonen at Abs., ¶¶ 1, 5, 112–121, FIG.7.
“at a device having a processor:
Laaksonen’s method is executed by an apparatus 620 that includes a controller 610 having a processor 602 and memory 604 that stores a computer program 606 having instructions that are executed by processor 602. Id. at ¶¶ 189–193, FIG.15A.
“determining a position in a three-dimensional (3D) environment to display visual content;
Laaksonen’s processor simultaneously creates a sound space 20 and a visual space 60. Id. at ¶¶ 74–81, FIGs.1A–1D, 2A–2D. The two spaces correspond to each other, one for one, and have registered coordinates, so a point in one space corresponds to a point in the other space when viewed by the user. Id. at ¶¶ 79–81. Laaksonen simultaneously determines the position to render a sound object 12 and a corresponding visual object 22 in their respective spaces. Id. at ¶¶ 79–81, FIGs.2A–2D.
“determining a positional relationship of a viewer relative to a shape upon which the visual content is presented in the 3D environment;
Laaksonen’s processor 602 similarly determines the positional relationship between a user/viewer and a shape corresponding to a visual object. However, Laaksonen does not describe that the shape is used to present visual content in a 3D environment. Specifically, Laaksonen divides a sound space 20 having a large number of sound objects 12 non-overlapping groups 404 that are associated with non-overlapping volumes 402. Id. at ¶¶ 128–138, FIGs.9–11. Laaksonen describes this approach as forming “rooms” 402 within a “lobby” 400. Id. Processor 602 analyzes the user’s position 72, 73 to determine whether a user 71 has entered one of the rooms or is positioned outside one of the rooms. Id.
Notably, Laaksonen’s system determines a positional relationship between user 71 and volumes/rooms 402, or shapes. Id. at ¶ 132. Laaksonen arranges volumes 402 to correspond to sound sources 12. Id. at ¶¶ 130–131. Laaksonen also arranges sound sources 12 to correspond to visual objects 22. Id. at ¶ 79, FIGs.1, 2. Accordingly, the determination of a positional relationship between user 71 and volumes/rooms 402 produces a positional relationship with the room location of the visual objects 22 corresponding to the audio objects 12 in the volumes/rooms 402. But Laaksonen does not describe using volumes/rooms 402 as shapes to display visual content.
“determining an audio mode based on the positional relationship, wherein the determined audio mode is a single point source audio mode, a multi-channel audio mode, or a spatialized audio mode; and
If user 71 is positioned within a volume/room 402, the audio corresponding to audio objects 12 within room 402 is fully rendered as spatialized audio. Id. at ¶ 132. However, if user 71 is located outside room 402 (i.e., in a lobby 400), processor 602 renders a simplified version of the audio corresponding to audio objects 12 in room 402. Id. Two examples of simplified rendering include point source rendering (i.e., a simplified sound object with no extents) and an extended simplified sound object 12’’ that presents an audio object with spatial extent over multiple channels of audio due to its extent that corresponds to the size of volume 402. Id. at ¶¶ 89, 132, 133–138, FIGs.10, 11.
“presenting audio content with the visual content according to the audio mode.”
Processor 602 presents the rendered audio to the user via headphones and presents video objects 22 located in visual space 60 via displays in a head-mounted device. Id. at ¶¶ 105–107, 138, FIGs.4–6, 11.
Table 1
As shown in the table above, Laaksonen describes a method and computer system capable of adjusting how audio is rendered based on the relative position of a user 71 and a volume/room 402. Laaksonen at Abs., ¶¶ 1, 5, 112–121, FIG.7. For example, when a user 71 is located outside of a volume/room 402, or shape, the audio from all audio objects 12 in room 402 are simplified into a point-source object 12’ or a simplified 2D-object 12’’. Id. at ¶¶ 128–138, FIGs.9–11. In the case of a 2D-object 12’’, the audio is rendered onto a 2D planar shape. Id. This allows a user (e.g., content consumer or content engineer) to preview audio from the audio objects in the room. Id. at ¶¶ 5, 11. However, Laaksonen does not describe displaying the visual objects 22 corresponding to objects 12 in simplified object 12’’ on a shape.
The Zermatt reference relates to the Laaksonen reference because both are drawn to spatially rendering audio in a 3D environment, including presenting 3D-audio previews. Zermatt at ¶¶ 5, 35, 36, FIG.1. Zermatt teaches a system that supports both a full experience mode 106 and a preview mode 108. Id. Preview mode 108 is like Laaksonen’s simplified rendering mode since it renders a complex audio scene that contains multiple sources as a simplified audio object in which audio from multiple objects are mixed down into a single object. Compare Zermatt at ¶¶ 39–43, FIG.4 (describing how to downmix spatial audio objects into a simplified rendering); Laaksonen at ¶¶ 135–137, 166, 171, FIGs.10A–10C (describing the same). Zermatt further teaches simplifying the presentation of the video objects corresponding to the audio objects in order to facilitate authoring 3D audio content. Zermatt at ¶¶ 6, 37, 38, FIGs.1, 3A–3C. In particular, Zermatt teaches rendering a simplified audio object as a sphere, a cube, a bubble, a polyhedron or other two/three-dimensional shape that can represent multiple channels of audio. Id. at ¶¶ 6, 10, 37, 39. A user may then manipulate (e.g., rotate) the shapes to preview the different audio objects within the shape without having to be fully immersed in an audio volume. Id. at ¶ 38, FIGs.3A–3C.
Read together with Laaksonen, Zermatt’s teachings would have reasonably suggested modifying Laaksonen to similarly display visual objects 22 onto a shape, such as a sphere or other 2D/3D shape (e.g., a planar wall as seen in Laaksonen at FIGs.10C, 11). See MPEP § 2143(I)(D) (applying Zermatt’s known simplified visual rendering feature to Laaksonen’s 3D audio rendering system so the system will display a simplified visual rendering of a 3D space with a sphere or other 2D/3D shape to facilitate 3D audio authoring). Additionally, Laaksonen and Zermatt reasonably suggest using Laaksonen’s positional relationship as a user input to trigger a switch between an experience mode and a preview mode. See MPEP § 2143(I)(D). For example, when a user 71 of Laaksonen’s system leaves lobby 400 to enter one of rooms 402, the user will be completely immersed visually and audibly in the room. When user 71 leaves room 402 to reenter lobby 400, audio objects 12 in room 402 will be rendered as one of simplified audio objects 12’ and 12’’. And, assuming user 71 is operating in an authoring mode, leaving room 402 will act as a user input to trigger a transition a user from an experience mode to a preview mode. In the preview mode, room 402 and Laaksonen’s visual objects 22 will be simplified by presenting the room as a simplified 2D/3D shape (e.g., sphere as suggested by Zermatt or 2D rectangle/plane as suggested by Zermatt and Laaksonen) on which objects 22 are projected so that user 71 may rotate the room-shape as suggested by Zermatt to easily preview the different audio objects 12 within room 402. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claim.
Claim 2 depends on claim 1, and further requires the following:
“wherein the shape upon which the visual content is presented is a portion of a sphere.”
As shown in the obviousness rejection of claim 1, incorporated herein, the combination of Laaksonen and Zermatt suggests modifying Laaksonen’s system to display visual objects 22 on a 2D/3D surface, such as a sphere or a plane, in order to present a visual preview of the objects in a space/volume/shape 402. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claim.
Claim 3 depends on claim 1, and further requires the following:
“wherein the shape upon which the visual content is presented in a planar region.”
As shown in the obviousness rejection of claim 1, incorporated herein, the combination of Laaksonen and Zermatt suggests modifying Laaksonen’s system to display visual objects 22 on a 2D/3D surface, such as a sphere or a plane, in order to present a visual preview of the objects in a space/volume/shape 402. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claim.
Claim 4 depends on claim 1, and further requires the following:
“wherein the determined audio mode is the single point source audio mode and a position of the single point source is determined based on the position of the visual content.”
Claim 5 depends on claim 1, and further requires the following:
“wherein the determined audio mode is the multi-channel audio mode.”
Claim 6 depends on claim 1, and further requires the following:
“wherein the determined audio mode is the spatialized audio mode.”
Claims 4–6 are analyzed together. Laaksonen describes that when a user is within room 402, audio is rendered normally as full spatial audio; and when a user is not within room 402, audio is rendered in a simplified manner as either a simplified single point source (e.g., FIG.10B) or as a sound source with spatial extent bounded to a plane (e.g., FIG.10C) and conveyed over multiple audio channels. Laaksonen at ¶¶ 85–86, 89, 135–137, 148, 171, FIGs.3, 10A–10C. The apparent position of the rendered audio object 12’ is made to correspond to the position of the visual object 22. Id. at ¶¶ 51, 79–81, FIGs.1, 2, 9, 10. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claims.
Claim 7 is drawn to “a system.” The following table illustrates the correspondence between the claimed system and the Laaksonen reference.
Claim 7
The Laaksonen Reference
“7. A system comprising:
The Laaksonen reference similarly describes a method for rendering audio by spatializing/virtualizing audio relative to a user’s position and modifying the rendering based on the distance between the user and a sound source to produce different levels of rendering in different contexts. Laaksonen at Abs., ¶¶ 1, 5, 112–121, FIG.7.
“a non-transitory computer-readable storage medium; and
“one or more processors coupled to the non-transitory computer-readable storage medium, wherein the non-transitory computer-readable storage medium comprises program instructions that, when executed on the one or more processors, cause the system to perform operations comprising:
Laaksonen’s method is executed by an apparatus 620 that includes a controller 610 having a processor 602 and memory 604 that stores a computer program 606 having instructions that are executed by processor 602. Id. at ¶¶ 189–193, FIG.15A.
“determining a position in a three-dimensional (3D) environment to display visual content;
Laaksonen’s processor simultaneously creates a sound space 20 and a visual space 60. Id. at ¶¶ 74–81, FIGs.1A–1D, 2A–2D. The two spaces correspond to each other, one for one, and have registered coordinates, so a point in one space corresponds to a point in the other space when viewed by the user. Id. at ¶¶ 79–81. Laaksonen simultaneously determines the position to render a sound object 12 and a corresponding visual object 22 in their respective spaces. Id. at ¶¶ 79–81, FIGs.2A–2D.
“determining a positional relationship of a viewer relative to a shape upon which the visual content is presented in the 3D environment;
Laaksonen’s processor 602 similarly determines the positional relationship between a user/viewer and a shape corresponding to a visual object. However, Laaksonen does not describe that the shape is used to present visual content in a 3D environment. Specifically, Laaksonen divides a sound space 20 having a large number of sound objects 12 non-overlapping groups 404 that are associated with non-overlapping volumes 402. Id. at ¶¶ 128–138, FIGs.9–11. Laaksonen describes this approach as forming “rooms” 402 within a “lobby” 400. Id. Processor 602 analyzes the user’s position 72, 73 to determine whether a user 71 has entered one of the rooms or is positioned outside one of the rooms. Id.
Notably, Laaksonen’s system determines a positional relationship between user 71 and volumes/rooms 402, or shapes. Id. at ¶ 132. Laaksonen arranges volumes 402 to correspond to sound sources 12. Id. at ¶¶ 130–131. Laaksonen also arranges sound sources 12 to correspond to visual objects 22. Id. at ¶ 79, FIGs.1, 2. Accordingly, the determination of a positional relationship between user 71 and volumes/rooms 402 produces a positional relationship with the room location of the visual objects 22 corresponding to the audio objects 12 in the volumes/rooms 402. But Laaksonen does not describe using volumes/rooms 402 as shapes to display visual content.
“determining an audio mode based on the positional relationship, wherein the determined audio mode is a single point source audio mode, a multi-channel audio mode, or a spatialized audio mode; and
If user 71 is positioned within a volume/room 402, the audio corresponding to audio objects 12 within room 402 is fully rendered as spatialized audio. Id. at ¶ 132. However, if user 71 is located outside room 402 (i.e., in a lobby 400), processor 602 renders a simplified version of the audio corresponding to audio objects 12 in room 402. Id. Two examples of simplified rendering include point source rendering (i.e., a simplified sound object with no extents) and an extended simplified sound object 12’’ that presents an audio object with spatial extent over multiple channels of audio due to its extent that corresponds to the size of volume 402. Id. at ¶¶ 89, 132, 133–138, FIGs.10, 11.
“presenting audio content with the visual content according to the audio mode.”
Processor 602 presents the rendered audio to the user via headphones and presents video objects 22 located in visual space 60 via displays in a head-mounted device. Id. at ¶¶ 105–107, 138, FIGs.4–6, 11.
Table 2
As shown in the table above, Laaksonen describes a method and computer system capable of adjusting how audio is rendered based on the relative position of a user 71 and a volume/room 402. Laaksonen at Abs., ¶¶ 1, 5, 112–121, FIG.7. For example, when a user 71 is located outside of a volume/room 402, or shape, the audio from all audio objects 12 in room 402 are simplified into a point-source object 12’ or a simplified 2D-object 12’’. Id. at ¶¶ 128–138, FIGs.9–11. In the case of a 2D-object 12’’, the audio is rendered onto a 2D planar shape. Id. This allows a user (e.g., content consumer or content engineer) to preview audio from the audio objects in the room. Id. at ¶¶ 5, 11. However, Laaksonen does not describe displaying the visual objects 22 corresponding to objects 12 in simplified object 12’’ on a shape.
The Zermatt reference relates to the Laaksonen reference because both are drawn to spatially rendering audio in a 3D environment, including presenting 3D-audio previews. Zermatt at ¶¶ 5, 35, 36, FIG.1. Zermatt teaches a system that supports both a full experience mode 106 and a preview mode 108. Id. Preview mode 108 is like Laaksonen’s simplified rendering mode since it renders a complex audio scene that contains multiple sources as a simplified audio object in which audio from multiple objects are mixed down into a single object. Compare Zermatt at ¶¶ 39–43, FIG.4 (describing how to downmix spatial audio objects into a simplified rendering); Laaksonen at ¶¶ 135–137, 166, 171, FIGs.10A–10C (describing the same). Zermatt further teaches simplifying the presentation of the video objects corresponding to the audio objects in order to facilitate authoring 3D audio content. Zermatt at ¶¶ 6, 37, 38, FIGs.1, 3A–3C. In particular, Zermatt teaches rendering a simplified audio object as a sphere, a cube, a bubble, a polyhedron or other two/three-dimensional shape that can represent multiple channels of audio. Id. at ¶¶ 6, 10, 37, 39. A user may then manipulate (e.g., rotate) the shapes to preview the different audio objects within the shape without having to be fully immersed in an audio volume. Id. at ¶ 38, FIGs.3A–3C.
Read together with Laaksonen, Zermatt’s teachings would have reasonably suggested modifying Laaksonen to similarly display visual objects 22 onto a shape, such as a sphere or other 2D/3D shape (e.g., a planar wall as seen in Laaksonen at FIGs.10C, 11). See MPEP § 2143(I)(D) (applying Zermatt’s known simplified visual rendering feature to Laaksonen’s 3D audio rendering system so the system will display a simplified visual rendering of a 3D space with a sphere or other 2D/3D shape to facilitate 3D audio authoring). Additionally, Laaksonen and Zermatt reasonably suggest using Laaksonen’s positional relationship as a user input to trigger a switch between an experience mode and a preview mode. See MPEP § 2143(I)(D). For example, when a user 71 of Laaksonen’s system leaves lobby 400 to enter one of rooms 402, the user will be completely immersed visually and audibly in the room. When user 71 leaves room 402 to reenter lobby 400, audio objects 12 in room 402 will be rendered as one of simplified audio objects 12’ and 12’’. And, assuming user 71 is operating in an authoring mode, leaving room 402 will act as a user input to trigger a transition a user from an experience mode to a preview mode. In the preview mode, room 402 and Laaksonen’s visual objects 22 will be simplified by presenting the room as a simplified 2D/3D shape (e.g., sphere as suggested by Zermatt or 2D rectangle/plane as suggested by Zermatt and Laaksonen) on which objects 22 are projected so that user 71 may rotate the room-shape as suggested by Zermatt to easily preview the different audio objects 12 within room 402. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claim.
Claim 8 depends on claim 7, and further requires the following:
“wherein the shape upon which the visual content is presented is a portion of a sphere.”
As shown in the obviousness rejection of claim 1, incorporated herein, the combination of Laaksonen and Zermatt suggests modifying Laaksonen’s system to display visual objects 22 on a 2D/3D surface, such as a sphere or a plane, in order to present a visual preview of the objects in a space/volume/shape 402. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claim.
Claim 9 depends on claim 7, and further requires the following:
“wherein the shape upon which the visual content is presented in a planar region.”
As shown in the obviousness rejection of claim 1, incorporated herein, the combination of Laaksonen and Zermatt suggests modifying Laaksonen’s system to display visual objects 22 on a 2D/3D surface, such as a sphere or a plane, in order to present a visual preview of the objects in a space/volume/shape 402. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claim.
Claim 10 depends on claim 7, and further requires the following:
“wherein the determined audio mode is the single point source audio mode and a position of the single point source is determined based on the position of the visual content.”
Claim 11 depends on claim 7, and further requires the following:
“wherein the determined audio mode is the multi-channel audio mode.”
Claim 12 depends on claim 7, and further requires the following:
“wherein the determined audio mode is the spatialized audio mode.”
Claims 10–12 are analyzed together. Laaksonen describes that when a user is within room 402, audio is rendered normally as full spatial audio; and when a user is not within room 402, audio is rendered in a simplified manner as either a simplified single point source (e.g., FIG.10B) or as a sound source with spatial extent bounded to a plane (e.g., FIG.10C) and conveyed over multiple audio channels. Laaksonen at ¶¶ 85–86, 89, 135–137, 148, 171, FIGs.3, 10A–10C. The apparent position of the rendered audio object 12’ is made to correspond to the position of the visual object 22. Id. at ¶¶ 51, 79–81, FIGs.1, 2, 9, 10. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claims.
Claim 13 is drawn to “a non-transitory computer-readable storage medium.” The following table illustrates the correspondence between the claimed medium and the Laaksonen reference.
Claim 13
The Laaksonen Reference
“13. A non-transitory computer-readable storage medium storing program instructions executable via a processsor [sic, processor] to perform operations comprising:
The Laaksonen reference similarly describes a method for rendering audio by spatializing/virtualizing audio relative to a user’s position and modifying the rendering based on the distance between the user and a sound source to produce different levels of rendering in different contexts. Laaksonen at Abs., ¶¶ 1, 5, 112–121, FIG.7.
Laaksonen’s method is executed by an apparatus 620 that includes a controller 610 having a processor 602 and memory 604 that stores a computer program 606 having instructions that are executed by processor 602. Id. at ¶¶ 189–193, FIG.15A.
“determining a position in a three-dimensional (3D) environment to display visual content;
Laaksonen’s processor simultaneously creates a sound space 20 and a visual space 60. Id. at ¶¶ 74–81, FIGs.1A–1D, 2A–2D. The two spaces correspond to each other, one for one, and have registered coordinates, so a point in one space corresponds to a point in the other space when viewed by the user. Id. at ¶¶ 79–81. Laaksonen simultaneously determines the position to render a sound object 12 and a corresponding visual object 22 in their respective spaces. Id. at ¶¶ 79–81, FIGs.2A–2D.
“determining a positional relationship of a viewer relative to a shape upon which the visual content is presented in the 3D environment;
Laaksonen’s processor 602 similarly determines the positional relationship between a user/viewer and a shape corresponding to a visual object. However, Laaksonen does not describe that the shape is used to present visual content in a 3D environment. Specifically, Laaksonen divides a sound space 20 having a large number of sound objects 12 non-overlapping groups 404 that are associated with non-overlapping volumes 402. Id. at ¶¶ 128–138, FIGs.9–11. Laaksonen describes this approach as forming “rooms” 402 within a “lobby” 400. Id. Processor 602 analyzes the user’s position 72, 73 to determine whether a user 71 has entered one of the rooms or is positioned outside one of the rooms. Id.
Notably, Laaksonen’s system determines a positional relationship between user 71 and volumes/rooms 402, or shapes. Id. at ¶ 132. Laaksonen arranges volumes 402 to correspond to sound sources 12. Id. at ¶¶ 130–131. Laaksonen also arranges sound sources 12 to correspond to visual objects 22. Id. at ¶ 79, FIGs.1, 2. Accordingly, the determination of a positional relationship between user 71 and volumes/rooms 402 produces a positional relationship with the room location of the visual objects 22 corresponding to the audio objects 12 in the volumes/rooms 402. But Laaksonen does not describe using volumes/rooms 402 as shapes to display visual content.
“determining an audio mode based on the positional relationship, wherein the determined audio mode is a single point source audio mode, a multi-channel audio mode, or a spatialized audio mode; and
If user 71 is positioned within a volume/room 402, the audio corresponding to audio objects 12 within room 402 is fully rendered as spatialized audio. Id. at ¶ 132. However, if user 71 is located outside room 402 (i.e., in a lobby 400), processor 602 renders a simplified version of the audio corresponding to audio objects 12 in room 402. Id. Two examples of simplified rendering include point source rendering (i.e., a simplified sound object with no extents) and an extended simplified sound object 12’’ that presents an audio object with spatial extent over multiple channels of audio due to its extent that corresponds to the size of volume 402. Id. at ¶¶ 89, 132, 133–138, FIGs.10, 11.
“presenting audio content with the visual content according to the audio mode.”
Processor 602 presents the rendered audio to the user via headphones and presents video objects 22 located in visual space 60 via displays in a head-mounted device. Id. at ¶¶ 105–107, 138, FIGs.4–6, 11.
Table 3
As shown in the table above, Laaksonen describes a method and computer system capable of adjusting how audio is rendered based on the relative position of a user 71 and a volume/room 402. Laaksonen at Abs., ¶¶ 1, 5, 112–121, FIG.7. For example, when a user 71 is located outside of a volume/room 402, or shape, the audio from all audio objects 12 in room 402 are simplified into a point-source object 12’ or a simplified 2D-object 12’’. Id. at ¶¶ 128–138, FIGs.9–11. In the case of a 2D-object 12’’, the audio is rendered onto a 2D planar shape. Id. This allows a user (e.g., content consumer or content engineer) to preview audio from the audio objects in the room. Id. at ¶¶ 5, 11. However, Laaksonen does not describe displaying the visual objects 22 corresponding to objects 12 in simplified object 12’’ on a shape.
The Zermatt reference relates to the Laaksonen reference because both are drawn to spatially rendering audio in a 3D environment, including presenting 3D-audio previews. Zermatt at ¶¶ 5, 35, 36, FIG.1. Zermatt teaches a system that supports both a full experience mode 106 and a preview mode 108. Id. Preview mode 108 is like Laaksonen’s simplified rendering mode since it renders a complex audio scene that contains multiple sources as a simplified audio object in which audio from multiple objects are mixed down into a single object. Compare Zermatt at ¶¶ 39–43, FIG.4 (describing how to downmix spatial audio objects into a simplified rendering); Laaksonen at ¶¶ 135–137, 166, 171, FIGs.10A–10C (describing the same). Zermatt further teaches simplifying the presentation of the video objects corresponding to the audio objects in order to facilitate authoring 3D audio content. Zermatt at ¶¶ 6, 37, 38, FIGs.1, 3A–3C. In particular, Zermatt teaches rendering a simplified audio object as a sphere, a cube, a bubble, a polyhedron or other two/three-dimensional shape that can represent multiple channels of audio. Id. at ¶¶ 6, 10, 37, 39. A user may then manipulate (e.g., rotate) the shapes to preview the different audio objects within the shape without having to be fully immersed in an audio volume. Id. at ¶ 38, FIGs.3A–3C.
Read together with Laaksonen, Zermatt’s teachings would have reasonably suggested modifying Laaksonen to similarly display visual objects 22 onto a shape, such as a sphere or other 2D/3D shape (e.g., a planar wall as seen in Laaksonen at FIGs.10C, 11). See MPEP § 2143(I)(D) (applying Zermatt’s known simplified visual rendering feature to Laaksonen’s 3D audio rendering system so the system will display a simplified visual rendering of a 3D space with a sphere or other 2D/3D shape to facilitate 3D audio authoring). Additionally, Laaksonen and Zermatt reasonably suggest using Laaksonen’s positional relationship as a user input to trigger a switch between an experience mode and a preview mode. See MPEP § 2143(I)(D). For example, when a user 71 of Laaksonen’s system leaves lobby 400 to enter one of rooms 402, the user will be completely immersed visually and audibly in the room. When user 71 leaves room 402 to reenter lobby 400, audio objects 12 in room 402 will be rendered as one of simplified audio objects 12’ and 12’’. And, assuming user 71 is operating in an authoring mode, leaving room 402 will act as a user input to trigger a transition a user from an experience mode to a preview mode. In the preview mode, room 402 and Laaksonen’s visual objects 22 will be simplified by presenting the room as a simplified 2D/3D shape (e.g., sphere as suggested by Zermatt or 2D rectangle/plane as suggested by Zermatt and Laaksonen) on which objects 22 are projected so that user 71 may rotate the room-shape as suggested by Zermatt to easily preview the different audio objects 12 within room 402. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claim.
Claim 14 depends on claim 13, and further requires the following:
“wherein the shape upon which the visual content is presented is a portion of a sphere.”
As shown in the obviousness rejection of claim 1, incorporated herein, the combination of Laaksonen and Zermatt suggests modifying Laaksonen’s system to display visual objects 22 on a 2D/3D surface, such as a sphere or a plane, in order to present a visual preview of the objects in a space/volume/shape 402. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claim.
Claim 15 depends on claim 13, and further requires the following:
“wherein the shape upon which the visual content is presented in a planar region.”
As shown in the obviousness rejection of claim 1, incorporated herein, the combination of Laaksonen and Zermatt suggests modifying Laaksonen’s system to display visual objects 22 on a 2D/3D surface, such as a sphere or a plane, in order to present a visual preview of the objects in a space/volume/shape 402. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claim.
Claim 16 depends on claim 13, and further requires the following:
“wherein the determined audio mode is the single point source audio mode and a position of the single point source is determined based on the position of the visual content.”
Claim 17 depends on claim 13, and further requires the following:
“wherein the determined audio mode is the multi-channel audio mode.”
Claim 18 depends on claim 13, and further requires the following:
“wherein the determined audio mode is the spatialized audio mode.”
Claims 16–18 are analyzed together. Laaksonen describes that when a user is within room 402, audio is rendered normally as full spatial audio; and when a user is not within room 402, audio is rendered in a simplified manner as either a simplified single point source (e.g., FIG.10B) or as a sound source with spatial extent bounded to a plane (e.g., FIG.10C) and conveyed over multiple audio channels. Laaksonen at ¶¶ 85–86, 89, 135–137, 148, 171, FIGs.3, 10A–10C. The apparent position of the rendered audio object 12’ is made to correspond to the position of the visual object 22. Id. at ¶¶ 51, 79–81, FIGs.1, 2, 9, 10. For the foregoing reasons, the combination of the Laaksonen and the Zermatt references makes obvious all limitations of the claims.
Summary
Claims 1–18 are rejected under at least one of 35 U.S.C. §§ 102 and 103 as being unpatentable over the cited prior art. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential 35 U.S.C. § 102(a)(2) prior art against the later invention.
Objections
Typographical Errors
Claim 13, at line 2 includes the typo “processsor”.
Appropriate correction is required. No new matter may be added.
Double Patenting
Legal Basis
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).
Obviousness-Type Double Patenting
Claims 1, 7 and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of US Patent 12,284,508 (the ‘508 Patent). Although the claims at issue are not identical, they are not patentably distinct from each other.
The following table shows the correspondence between claim 1 of this Application and claim 1 of the ‘508 Patent. Similar comparisons may be made between claims 7 and 13 of this Application and claims 17 and 22 of the ‘508 Patent.
Claim 1
The ‘508 Patent
“1. A method comprising:
1. A method comprising:
“at a device having a processor:
“at a device having a processor:
“determining a position in a three-dimensional (3D) environment to display visual content;
“determining a position in a three-dimensional (3D) environment to display visual content;
“determining a positional relationship of a viewer relative to a shape upon which the visual content is presented in the 3D environment;
“determining a positional relationship of a viewer relative to the visual content in the 3D environment,
N/A
“wherein the positional relationship comprises a distance of the viewer from the visual content;
“determining an audio mode based on the positional relationship,
“determining an audio mode based on the positional relationship,
“wherein the determined audio mode is a single point source audio mode, a multi-channel audio mode, or a spatialized audio mode; and
“wherein the audio mode is a single point source audio mode and wherein the single point source audio mode is selected based on the distance exceeding a threshold; and
“presenting audio content with the visual content according to the audio mode.”
“presenting audio content with the visual content according to the audio mode.
Table 4
Though the claims are not identical, the differences are not patentably significant. The first difference concerns the determination of a positional relationship. Claim 1 of this Application requires determining a positional relationship of a viewer relative to a shape upon which the visual content is presented in the 3D environment. Claim 1 of the ‘508 Patent requires determining a positional relationship of a viewer relative to the visual content in the 3D environment, without requiring a determination of a distance between the viewer and a shape upon which the visual content is presented. This difference is addressed at length in the prior art rejections of claims 1, 7 and 13, incorporated herein. In particular, the teachings of the Laaksonen and the Zermatt references show the obviousness of determining the position of a user relative to a 2D/3D shape used to display a preview of visual objects in a room corresponding to the shape. The same findings and reasoning expressed in the prior art rejections applies here, substituting the modification of Laaksonen’s system with a modification of claim 1 of the ‘508 Patent.
The other two differences indicate that the ‘508 Patent is narrower in scope than claim 1 of this Application. This means the ‘508 Patent would anticipate claim 1 of this Application, if the ‘508 Patent were available as prior art.
For the foregoing reasons, the claims of this Application are not patentably distinct from the claims of the ‘508 Patent in view of the Laaksonen and the Zermatt references.
Summary
A timely filed terminal disclaimer in compliance with 37 C.F.R. § 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 C.F.R. § 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 C.F.R. § 1.111(a). For a reply to final Office action, see 37 C.F.R. § 1.113(c). A request for reconsideration while not provided for in 37 C.F.R. § 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WALTER F BRINEY III whose telephone number is (571)272-7513. The examiner can normally be reached M-F 8 am-4:30 pm.
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/Walter F Briney III/
Walter F Briney IIIPrimary ExaminerArt Unit 2692
8/30/2026
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