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 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
Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of Application 17/558,550 now U.S. Patent 11,488,614. 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 11,488,614.
SN 17/558,550 Patent 11,488,614
SN 19/176090
1. A method for decoding a bitstream comprising encoded Higher Order Ambisonics (HOA) representations, said method comprising:
reading a bit KindOfCodedPredIds; determining, based on a determination that KindOfCodedPredIds=1: an array PredIDs, wherein the array PredIDs is determined based on a number NumActivePred of active predictions for decoding the bitstream, wherein the number NumActivePred is determined from a bitstream element, and wherein the bitstream element is represented by [log2(MM)] bits, wherein MM is an integer;
and determining elements of the vector Ptype, wherein the vector ptype is determined based on the array PredIDs and the number NumActivePred; and determining, based on the vector ptype, elements of a matrix PIND denoting indices from which directional signals a prediction for a direction is to be performed.
2. A method for decoding a bitstream comprising encoded Higher OrderAmbisonics (HOA) representations, said method comprising:
receiving a bit KindOfCodedPredIds; determining, based on a determination that KindOfCodedPredIds = 1: an array PredIDs, wherein the array PredIDs is determined based on a number NumActivePred of active predictions for decoding the bitstream, wherein the number NumActivePred is determined from a bitstream element, and wherein the bitstream element is represented by [log2(MM)] bits, wherein MM is an integer;
and determining elements of the vector Ptype, wherein the vector ptype is determined based on the array PredIDs and the number NumActivePred; determining, based on the vector ptype, elements of a matrix PIND denoting indices from which directional signals a prediction for a direction is to be performed; and decoding the encoded HOA representations based on the matrix PIND .
Claim 3 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 2 of Application 17/558,550 now U.S. Patent 11,488,614. 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 11,488,614.
SN 17/558,550 Patent 11,488,614
SN 19/176090
2. A non-transitory storage medium that contains or stores, or has recorded on it, a digital audio signal according to claim 1.
3. A non-transitory storage medium that contains or stores, or has recorded on it, a digital audio signal according to claim 2.
Claim 4 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of Application 17/558,550 now U.S. Patent 11,488,614. 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 11,488,614.
SN 17/558,550 Patent 11,488,614
SN 19/176090
3. A non-transitory computer readable medium storing a computer program that, when executed by a processor, execute the method of claim 1.
4. A non-transitory computer readable medium storing a computer program that, when executed by a processor, execute the method of claim 2.
Claim 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of Application 17/558,550 now U.S. Patent 11,488,614. 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 11,488,614.
SN 17/558,550 Patent 11,488,614
SN 19/176090
4. An apparatus for decoding a bitstream including encoded Higher Order Ambisonics (HOA) representations, the apparatus comprising: a first processor for reading a bit KindOfCodedPredIds; a second processor configured to: determine, based on a determination that KindOfCodedPredIds=1: an array PredIDs, wherein the array PredIDs is determined based on a number NumActivePred of active predictions for decoding the bitstream, wherein the number NumActivePred is determined from a bitstream element, wherein the bitstream element is represented by [log2(MM)] bits, wherein MM is an integer, and determine elements of the vector ptype, wherein the vector ptype is determined based on the number NumActivePred; and a third processor for determining, based on the vector ptype, elements of a matrix Pind denoting indices from which directional signals a prediction for a direction is to be performed.
5. An apparatus for decoding a bitstream including encoded Higher Order Ambisonics (HOA) representations, the apparatus comprising: a first processor for receiving a bit KindOfCodedPredIds; a second processor configured to: determine, based on a determination that KindOfCodedPredIds = 1: an array PredIDs, wherein the array PredIDs is determined based on a number NumActivePred of active predictions for decoding the bitstream, wherein the number NumActivePred is determined from a bitstream element, wherein the bitstream element is represented by [log2(MM)] bits, wherein MM is an integer, and determine elements of the vector ptype, wherein the vector ptype is determined based on the number NumActivePred; a third processor for determining, based on the vector ptype, elements of a matrix Pind denoting indices from which directional signals a prediction for a direction is to be performed; and a fourth process for decoding the encoded HOA representations based on the matrix PIND.
Allowable Subject Matter
2. Claims 2-5 would be allowable if applicant is able to overcome statutory double patenting rejection set forth in this office action.
3. Claims 2-5 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.
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.
/ASSAD MOHAMMED/Examiner, Art Unit 2691
/DUC NGUYEN/Supervisory Patent Examiner, Art Unit 2691
Prosecution Insights