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 .
This Office Action is in response to the application 19/232,159 filed on
06/09/2025.
Claims 1-20 are pending in the application.
Priority
Acknowledgment is made of Applicant's claim for domestic priority to which is a CON of 16/450,682 06/24/2019 PAT 12,462,815 B2 which claims benefit of 62/693,784 07/03/2018.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/09/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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Claims 1-20 (hereinafter “Examined claim”) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-9, 15-26 and 28 (hereinafter “patent claim”) of U.S. Patent No. 12,462,815 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are merely obvious variations of the claims 1-5, 7-9, 15-26 and 28 of U.S. Patent No. 12,462,815 B2 in the patent 12,462,815 B2 as outlined in the table below.
Examined claims 1, 13 and 20 of US Application No. 19/232,159
Patent claims 1, 15 and 28 US Patent No. 12,462,815 B2 (Application No. 16/450,682)
1. A device configured to process a backward compatible bitstream, the device comprising:
one or more memories configured to store at least a portion of the backward compatible bitstream, the backward compatible bitstream conforming to a legacy transport format; and
one or more processors configured to:
obtain, from the backward compatible bitstream, a first audio transport stream representative of first audio data;
obtain, from the backward compatible bitstream, a second audio transport stream representative of second audio data;
obtain, from the backward compatible bitstream, one or more indications representative of synchronization information for one or more of the first audio transport stream and the second audio transport stream,
wherein the synchronization information comprises: a first timestamp associated with each of one or more first portions of the first audio transport stream; and
a second timestamp associated with each of one or more second portions of the second audio transport stream, and wherein each of the first timestamp and the second timestamp is a fixed-bit value that repeats cyclically;
synchronize, based on the first timestamps and the second timestamps, each of the one or more first portion of the first audio transport stream and the one or more second portion of the second audio transport stream to obtain a single synchronized audio data stream;
obtain, based on the single synchronized audio data stream, enhanced audio data; and output the enhanced audio data to one or more speakers.
6. The device of claim 1, wherein each of the first timestamp and the second timestamp is a fixed eight-bit integer that repeats cyclically.
15. A device configured to process a backward compatible bitstream, the device comprising:
one or more memories configured to store at least a portion of the backward compatible bitstream, the backward compatible bitstream conforming to a legacy transport format; and
one or more processors configured to:
obtain, from the backward compatible bitstream, a first audio transport stream representative of first audio data;
obtain, from the backward compatible bitstream, a second audio transport stream representative of second audio data;
obtain, from the backward compatible bitstream, one or more indications representative of synchronization information for one or more of the first audio transport stream and the second audio transport stream,
wherein the synchronization information comprises: a first timestamp associated with each of one or more first portions of the first audio transport stream; and
a second timestamp associated with each of one or more second portions of the second audio transport stream, and wherein each of the first timestamp and the second timestamp is an eight-bit integer that repeats cyclically;
synchronize, based on the first timestamps and the second timestamps, each of the one or more first portion of the first audio transport stream and the one or more second portion of the second audio transport stream to obtain a single synchronized audio data stream;
obtain, based on the single synchronized audio data stream, enhanced audio data; and output the enhanced audio data to one or more speakers.
13. A method of processing a backward compatible bitstream conforming to a legacy transport format, the method comprising:
obtaining, from the backward compatible bitstream, a first audio transport stream representative of first audio data;
obtaining, from the backward compatible bitstream, a second audio transport stream representative of second audio data;
obtaining, from the backward compatible bitstream, one or more indications identifying synchronization information for one or more of the first audio transport stream and the second audio transport stream,
wherein the synchronization information comprises: a first timestamp associated with each of one or more first portions of the first audio transport stream; and a second timestamp associated with each of one or more second portions of the second audio transport stream, and wherein each of the first timestamp and the second timestamp is a fixed-bit value that repeats cyclically;
synchronizing, based on the first timestamps and the second timestamps, each of the one or more first portion of the first audio transport stream and the one or more second portion of the second audio transport stream to obtain a single synchronized audio data stream;
obtaining, based on the single synchronized audio data stream, enhanced audio data; and
outputting the enhanced audio data to one or more speakers.
17. The method of claim 13, wherein each of the first timestamp and the second timestamp is a fixed eight-bit integer that repeats cyclically.
1. A method of processing a backward compatible bitstream conforming to a legacy transport format, the method comprising:
obtaining, from the backward compatible bitstream, a first audio transport stream representative of first audio data;
obtaining, from the backward compatible bitstream, a second audio transport stream representative of second audio data;
obtaining, from the backward compatible bitstream, one or more indications identifying synchronization information for one or more of the first audio transport stream and the second audio transport stream,
wherein the synchronization information comprises: a first timestamp associated with each of one or more first portions of the first audio transport stream; and a second timestamp associated with each of one or more second portions of the second audio transport stream, and wherein each of the first timestamp and the second timestamp is an eight-bit integer that repeats cyclically;
synchronizing, based on the first timestamps and the second timestamps, each of the one or more first portion of the first audio transport stream and the one or more second portion of the second audio transport stream to obtain a single synchronized audio data stream;
obtaining, based on the single synchronized audio data stream, enhanced audio data; and
outputting the enhanced audio data to one or more speakers.
20. A device configured to obtain a backward compatible bitstream, the device comprising:
one or more memories configured to store at least a portion of the backward compatible bitstream, the backward compatible bitstream conforming to a legacy transport format; and
one or more processors configured to:
specify, in the backward compatible bitstream, a first audio transport stream representative of first audio data;
specify, in the backward compatible bitstream, a second audio transport stream representative of second audio data;
specify, in the backward compatible bitstream, one or more indications identifying synchronization information relative to the first audio transport stream and the second audio transport stream, wherein the synchronization information comprises:
a first timestamp associated with each of one or more first portions of the first audio transport stream; and a second timestamp associated with each of one or more second portions of the second audio transport stream, and
wherein each of the first timestamp and the second timestamp is a fixed-bit value that repeats cyclically; and
output the backward compatible bitstream.
28. A device configured to obtain a backward compatible bitstream, the device comprising:
one or more memories configured to store at least a portion of the backward compatible bitstream, the backward compatible bitstream conforming to a legacy transport format; and
one or more processors configured to:
specify, in the backward compatible bitstream, a first audio transport stream representative of first audio data;
specify, in the backward compatible bitstream, a second audio transport stream representative of second audio data;
specify, in the backward compatible bitstream, one or more indications identifying synchronization information relative to the first audio transport stream and the second audio transport stream, wherein the synchronization information comprises:
a first timestamp associated with each of one or more first portions of the first audio transport stream; and a second timestamp associated with each of one or more second portions of the second audio transport stream, and
wherein each of the first timestamp and the second timestamp is an eight-bit integer that repeats cyclically; and
output the backward compatible bitstream.
Examined claims 1, 6, 13, 17 and 20 recite the similar limitations in patent claims 15, 1 and 28 . However, patent claims recite limitation “an eight-bit integer that repeats cyclically” and Examined claims 1, 13 and 20 recite limitation “a fixed-bit value that repeats cyclically” and further claim 6 and 17 recite “wherein each of the first timestamp and the second timestamp is a fixed eight-bit integer that repeats cyclically”. Although the patent claims at issue are not identical, they are not patentably distinct from each other because the claims 1, 6, 13, 17 and 20 of the examined claims of application are merely obvious variations of the claims 15, 1 and 28 (hereinafter as "patent claims") of US Patent 12,462,815 B2, and as such is unpatentable for obvious- type double patenting.
Examined claims 2-5 of Instant Application recite substantially the same limitations as the patented claims 16-19 of U.S. Patent No. 12,462,815, therefore Examined claims 2-5 of Instant Application are anticipated by the patented claims 16-19.
Examined claims 7-11 of Instant Application recite substantially the same limitations as the patented claims 20-24 of U.S. Patent No. 12,462,815, therefore Examined claims 7-11 of Instant Application are anticipated by the patented claims 20-24.
Examined claim 12 of Instant Application recite substantially the same limitations as the patented claim 26 of U.S. Patent No. 12,462,815, therefore Examined claim 12 of Instant Application is anticipated by the patented claim 26.
Examined claims 14-15 of Instant Application recite substantially the same limitations as the patented claims 2-3 of U.S. Patent No. 12,462,815, therefore Examined claims 14-15 of Instant Application are anticipated by the patented claims 2-3.
Examined claim 16 of Instant Application recite substantially the same limitations as the patented claims 4-5 of U.S. Patent No. 12,462,815, therefore Examined claim 12 of Instant Application is anticipated by the patented claims 4-5.
Examined claim 18 of Instant Application recite substantially the same limitations as the patented claim 7 of U.S. Patent No. 12,462,815, therefore Examined claim 18 of Instant Application is anticipated by the patented claim 7.
Examined claim 19 of Instant Application recite substantially the same limitations as the patented claims 8-9 of U.S. Patent No. 12,462,815, therefore Examined claim 19 of Instant Application is anticipated by the patented claims 8-9.
Therefore, claims 1-20 (hereinafter "examined claims") are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-9, 15-26 and 28 (hereinafter as "patent claims") of US Patent 12,462,815 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are merely obvious variations of the claims 1-5, 7-9, 15-26 and 28 (hereinafter as "patent claims") of US Patent 12,462,815 B2, and as such is unpatentable for obvious- type double patenting.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
- NORMAN et al., US 20110169966 A1, There is provided a method of measuring delay variation between first and second elementary streams in a digital audiovisual data stream.
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/M.J.S/Examiner, Art Unit 2459
/TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459
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