Prosecution Insights
Last updated: April 19, 2026
Application No. 18/086,110

AUDIO DECODER, AUDIO ENCODER, AND RELATED METHODS USING JOINT CODING OF SCALE PARAMETERS FOR CHANNELS OF A MULTI-CHANNEL AUDIO SIGNAL

Non-Final OA §102§103
Filed
Dec 21, 2022
Examiner
KRZYSTAN, ALEXANDER J
Art Unit
2694
Tech Center
2600 — Communications
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
3 (Non-Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
88%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
913 granted / 1121 resolved
+19.4% vs TC avg
Moderate +7% lift
Without
With
+6.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
38 currently pending
Career history
1159
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
37.1%
-2.9% vs TC avg
§102
24.3%
-15.7% vs TC avg
§112
21.0%
-19.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1121 resolved cases

Office Action

§102 §103
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 . DETAILED ACTION Examiner’s Comments The 112 rejections have been withdrawn. ‘Combining’ as recited in claim 8 is read as a label for a function comprising the subsequently recited set and combine step. Claim Rejections - 35 USC § 102 (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-23,26,32-38 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Baumgarte (US 20140067404 A1). As per claim 1, Baumgarte discloses an audio decoder for decoding an encoded audio signal comprising multi-channel audio data comprising data for two or more audio channels (fig. 1 output of 3), and information on jointly encoded scale parameters (fig. 1 output of 4), comprising: a scale parameter decoder (parts of 3 and 4 and the means for producing the stated parameters below) for decoding/configured to decode the information on the jointly encoded scale parameters to acquire a first set of scale parameters (the signals used to produce the signals which are output at the outputs of 4) for a first channel of a decoded audio signal and a second set of scale parameters for a second channel of the decoded audio signal (the gain/scale parameters/factors required to produce the scale factors bands (SFBs) cited in para. 15, as output from 3) (further noting: para. 2: There is one gain value transmitted in the bit stream per scale factor band (SFB) of the audio stream); and a signal processor (part of 3) for applying/configured to apply the first set of scale parameters to a first channel representation (the gain parameters output from 4 applied via the multipliers) and for applying the second set of scale parameters to a second channel representation ((as required to produce the scale factors bands (SFBs) cited in para. 15, as output from 3, further noting each band is defined by a relative gain or amplitude as defined by a band in this context;) derived from the multi-channel audio data (the encoded audio bitstream) to acquire the first channel and the second channel of the decoded audio signal (the left and right audio) , wherein the jointly encoded scale parameters comprise: information on a first group of jointly encoded scale parameters (the gain values) and information on a second group of jointly encoded scale parameters (the parameters used to form the scale factors bands, gain per freq, output from 3 per para. 15 and fig. 1, noting the required amplitude/gain needed to defined each band), and wherein the scale parameter decoder is configured to combine a jointly encoded scale parameter of the first group (the outputs from 4) and a jointly encoded scale parameter of the second group (the scale/gain values of the scale factors bands per para. 15) using a first combination rule to acquire a scale parameter of the first set of scale parameters (the multiplication applied to the gain outputs of 4 and the scale/gain value defining each of the scale factors bands output from 3), and using a second combination rule being different from the first combination rule to acquire a scale parameter of the second set of scale parameters (the output of the node splitting the MDCT signal off into the multiplier stage also passes the same signal thru to stage 5a, where said pass thru is by definition a second combination rule of either multiplying by 1, dividing by 1 and or adding 0 and/or subtracting 0 to the scale/gain/amplitude defining each of the scale factors bands being output from 3, which is different than the combination rule being applied to the right channel). As per claim 2, the audio decoder of claim 1, wherein the first group of jointly encoded scale parameters comprises mid scale parameters and the second group of jointly encoded scale parameters comprises side scale parameters (the right left decoding can instead be implemented as mid and side per the M/S cited para. 72), and wherein the scale parameter decoder is configured to use, in the first combination rule, and addition (the output of the multiplier at 3, comprises a – 0 and or a + 0 combination rule) and to use, in the second combination rule, a subtraction (fig. 1 the output of the node from the output of 3, is a – 0 and or a + 0 combination rule) (additional mapping: stages 5a and 5b must perform an addition and a subtraction on the scale factors/gain values in order to recover the left and right channels as shown in fig. 1. Noting that M/S processing is defined by an addition and subtraction of the original left and right channels). As per claim 3, the audio decoder of claim 1, wherein the encoded audio signal is organized in a sequence of frames (the frame by frame analysis per para. 19 and also the signal processor based on a stream of data must operate on a portion of the data at a time for each of stage 3 and 4 in fig. 1, where each portion is also read as a respective frame), wherein a first frame comprises the multi-channel audio data and the information on the jointly encoded scale parameters (the portion of data being used by stage 3 at a point in time) , and wherein a second frame comprises separately encoded scale parameter information (the data being used by stage 4 at a given point in time), and wherein the scale parameter decoder is configured to detect that the second frame comprises the separately encoded scale parameter information and to calculate the first set of scale parameters and the second set of scale parameters for the second frame (the data exists in two separate logical and or physical stages of the system that are operating in parallel decoded fashion as shown in fig. 1, therefore must be detected as separately encoded parameter information, additionally the system operates on a frame by frame basis where the first and second set of scale parameters are calculated respectively for each frame of data ). As per claim 4, the audio decoder of claim 3, wherein the first frame and the second frame each comprise a state side information indicating, in a first state, that the first frame comprises the information on the jointly encoded scale parameters (the sfb and or mdct bands per para. 17) and, in a second state, that the second frame comprises the separately encoded scale parameter information (the indication by the encoder of the encoded gain value noting para. 17), and wherein the scale parameter decoder is configured to read the state side information of the second frame, to detect that the second frame comprises the separately encoded scale parameter information based on the state side information read (the indication in the bitstream/state side information must be determined by each decoder 3 and 4 in fig 1 in order to recover the encoded sfb and associated gain values from the bitstream), or to read the state side information of the first frame, and to detect that the first frame comprises the information on the jointly encoded scale parameters using the state side information read (the indication in the bitstream/state side information must be determined by each decoder 3 and 4 in fig 1 in order to recover the encoded sfb and associated gain values from the bitstream). As per claim 5, the audio decoder of claim 1, wherein the signal processor is configured to decode the multi-channel audio data to derive the first channel representation and the second channel representation (per stages 3 and 4 in fig. 1), wherein the first channel representation and the second channel representation are spectral domain representations comprising spectral sampling values (the MDCT format per fig. 1), and wherein the signal processor is configured to apply each scale parameter of the first set and the second set to a corresponding plurality of the spectral sampling values to acquire a shaped spectral representation of the first channel and a shaped spectral representation of the second channel (the values as fed into stages 5a and 5b are sfb, or bands, which together form a spectral representation comprising frequency ranges and associated gain/scale/amplitude values, further noting that a DFT may alternatively be used per para. 15). As per claim 6, the audio decoder of claim 5, wherein the signal processor is configured to convert the shaped spectral representation of the first channel and the shaped spectral representation of the second channel into a time domain to acquire a time domain representation of the first channel and a time domain representation of the second channel of the decoded audio signal (PCM left and PCM right). As per claim 7, the audio decoder of claim 1, wherein the first channel representation comprises a first number of bands (the sfbs cited in the claim 1 rejection), wherein the first set of scale parameters comprises a second number of scale parameters (the gain values), the second number being lower than the first number (inherent to the concept of a set), and wherein the signal processor is configured to interpolate the second number of scale parameters to acquire a number of interpolated scale parameters being greater than or equal to the first number of bands (the mapping as shown in fig. 4, with the interpolated scale parameters being greater in number than the number of sfb per the definition of the table axes), and wherein the signal processor is configured to scale the first channel representation using the interpolated scale parameters (para. 71: if the codec switches between long and short windows, the SFB grid changes. Since the dynamic program uses the previous IS state, the SFBs of the previous block must be mapped to the current grid if there is a window size change before the dynamic program can be applied), or (the following is not mapped as recited in the alternative) wherein the first channel representation comprises a first number of bands, wherein the information on the first group of jointly encoded scale parameters comprises a second number of jointly encoded scale parameters, the second number being lower than the first number, wherein the scale parameter decoder is configured to interpolate the second number of jointly encoded scale parameters to acquire a number of interpolated jointly encoded scale parameters being greater than or equal to the first number of bands, and wherein the scale parameter decoder is configured to process the interpolated jointly encoded scale parameters to determine the first set of scale parameters and the second set of scale parameters. As per claim 8, the audio decoder of claim 1, wherein the encoded audio signal is organized in a sequence of frames (per the bitstream as shown in fig. 1), wherein the information on the second group of jointly encoded scale parameters comprises, in a certain frame, a zero side information (fig. 4, the 0 entries), wherein the scale parameter decoder is configured to detect the zero side information to determine that the second group of jointly encoded scale parameters are all zero for the certain frame (per fig. 4), and wherein the scale parameter decoder is configured in combining the jointly encoded scale parameter of the first group and the jointly encoded scale parameter of the second group, to set the jointly encoded scale parameter of the second group to a zero value or a value being smaller than a noise threshold and to combine, the jointly encoded scale parameter of the first group and the zero values or the values being smaller than a noise threshold. (when the values are zero, as shown in fig. 4, the system of fig. 1 will function to use/set only the groups of values that are available/not zero as the 0 values are below a threshold of being detected by the digital processor) or (the following is not mapped as recited in alternative and also noting) to set, in the combining the jointly encoded scale parameter of the first group and the jointly encoded scale parameter of the second group, to zero values or values being smaller than a noise threshold. As per claim 9, The audio decoder of claim 1, wherein the scale parameter decoder is configured to de-quantize the information on the first group of jointly encoded scale parameters using a first de-quantization mode, and to de-quantize the information on the second group of jointly encoded scale parameters using a second de-quantization mode, the second de- quantization mode being different from the first de-quantization mode (the functions/dequantization modes in each of stages 5a and 5b in order to create the different output left and right channels). As per claim 10, the audio decoder of claim 9, wherein the scale parameter decoder is configured to use the second de-quantization mode having associated a lower or higher quantization precision than the first de-quantization mode (the cited gain value is by definition a lower quantization precision than the set of sfb bands representing one channel of audio because the sfb bands comprise multiple parameters over time to form the bands whereas the gain value is just a single parameter over a longer period of time). As per claim 11, the audio decoder of claim 9, wherein the scale parameter decoder is configured to use, as the first de-quantization mode, a first de-quantization stage and a second de-quantization stage (stages 3 and 4 in fig. 1) and a combiner (the multiplier stages in fig. 1), the combiner receiving, as an input, a result of the first de-quantization stage and a result of the second de-quantization stage, and to use, as the second de-quantization mode, the second de-quantization stage of the first de-quantization mode receiving, as an input, the information on the second group of jointly encoded scale parameters (the multiplier nodes use the first and second de-quant stages 3 and 4 as inputs). As per claim 12, the audio decoder of claim 11, wherein: the first de-quantization stage is a vector de-quantization stage and wherein the second de-quantization stage is an algebraic vector de-quantization stage, (this is not mapped) or wherein the first de-quantization stage is a fixed rate de-quantization stage and wherein the second de-quantization stage is a variable rate de-quantization stage (the first de-quant stage comprises the gain values which is fixed rate where the rate of parameters of the sfb bands is highly variable as it contains the audio waveforms of at least one channel of audio). As per claim 13, the audio decoder of claim 11, wherein the information on the first group of jointly encoded scale parameters comprises, for a frame of the encoded audio signal, two or more indexes and wherein the information on the second group of jointly encoded scale parameters comprises a single index or a lower number of indexes or the same number of indexes as in the first group (the frame/portion of data for both stages 3 and 4 correspond to a common set of index/band signals as part of the sfb bands, for example the first and second bands and their associated gain values), and wherein the scale parameter decoder is configured to determine, in the first de- quantization stage e.g., for each index of the two or more indexes, intermediate jointly encoded scale parameters of the first group (the values used by stage 4 in fig. 1), and wherein the scale parameter decoder is configured to calculate, in the second de-quantization stage, residual jointly encoded scale parameters of the first group (the signals sent to the multiplication stages as shown in fig. 1) e.g. from the single or lower or the same number of indexes of the information on the first group of jointly encoded scale parameters (addressed per the 112 rejection above) and to calculate, by the combiner the first group of jointly encoded scale parameters from the intermediate jointly encoded scale parameters of the first group and the residual jointly encoded scale parameters of the first group (stages 5a and 5b). As per claim 14, the audio decoder of claim 11, wherein the first de-quantization stage comprises using an index for a first codebook comprising a first number of entries Or using an index representing a first precision (the bands of the svb bands formed in stage 3 comprise a first precision of said parameters), wherein the second de-quantization stage comprises using an index for a second codebook comprising a second number of entries or using an index representing a second precision (the gain values in stage 4 are at a second precision defined by the amount of time/data is required to form a sfb band as the gain is assigned per band), and wherein the second number is lower or higher than the first number or the second precision is lower or higher than the first precision (the parameters used to form an sfb band will vary over time within the band, where the gain is constant over the period defined by the band as such the precision of stage 3 is different than that of stage 4). As per claim 15, the audio decoder of claim 1, wherein the information on the second group of jointly encoded scale parameters indicates that the second group of jointly encoded scale parameters: are all zero Or at a certain value for a frame of the encoded audio signal (the information in the encoded bitstream is decoded into parameters used to form the SFB bands and the gain values per stages 3 and 4 in fig. 1), and wherein the scale parameter decoder is configured to use, in the combining using the first combination rule or the second combination rule, a jointly encoded scale parameter being zero or being at the certain value (the values of the gain values as output by the decoder 4 in fig. 1 to be used in the combining stage per the multiplier stages in fig. 1) or being a synthesized jointly encoded scale parameter, or (the below limitation are not mapped) wherein, for the frame comprising the all zero or certain value information, the scale parameter decoder is configured to determine the second set of scale parameters only using the first group of jointly encoded scale parameters without a combining operation. As per claim 16, the audio decoder of claim 9, wherein the scale parameter decoder is configured to use, as the first de-quantization mode, the first de-quantization stage and the second de-quantization stage and the combiner (stages 3,4 and the multipliers in fig. 1), the combiner receiving, as an input, a result of the first de-quantization stage and a result of the second de-quantization stage (the inputs to each multiplier in fig. 1), and to use, as the second de-quantization stage, the first de-quantization stage of the first de-quantization mode (stages 3, 4 and the multipliers are all used together as shown in fig. 1). As per claim 17, Baumgarte discloses an audio encoder for encoding a multi-channel audio signal comprising two or more channels, comprising: a scale parameter calculator configured to calculate an information on a first group of jointly encoded scale parameters and an information on (the encoder that produces the encoded audio bitstream of fig 1 must comprise the scale parameter calculator in order to produce the parameters/an information on to be decoded), and a second group of jointly encoded scale parameters from a first set of scale parameters for a first channel of the multi-channel audio signal (the parameters used to calculate the sfb bands per stage 3 of fig. 1) and from a second set of scale parameters for a second channel of the multi-channel audio signal (the gain values determined at the encoder and transmitted to and used by the decoder via stage 4 in fig. 1, noting para. 34 The gain factor g.sub.IS used here by the encoder may be the same as the gain factor gis used later in a decoder.); a signal processor for applying the first set of scale parameters to the first channel of the multi-channel audio signal and for applying the second set of scale parameters to the second channel of the multi-channel audio signal and for deriving multi-channel audio data (the encoded audio data in fig. 1 is based on an encoder forming at least two channels with two sets of scale parameters that are used by stage 3 and 4, noting that the gain values and values to form the sfb bands are contained in the encoded audio bitstream in fig. 1) ; and an encoded signal former for using the multi-channel audio data and information on the first group of jointly encoded scale parameters and information on the second group of jointly encoded scale parameters to acquire an encoded multi-channel audio signal (the encoder requires an encoded signal former for the purpose of forming the bitstream used to transport the data channel per the encoded audio bitstream in fig. 1, noting that the encoded bitstream is based on the multi-channel audio data (the original audio used at the encoder) and information on the first group of jointly encoded scale parameters and information on the second group of jointly encoded scale parameters(the information used to form the parameters to be decoded and used by each of stages 3 and 4 as shown in fig. 1 ) to acquire an encoded multichannel audio signal as shown in fig. 1 as the encoded audio bitstream. As per claim 18, the audio encoder of claim 17, wherein the scale parameter calculator is configured, in the applying, to encode the first group of jointly encoded scale parameters and the second group of jointly encoded scale parameters to acquire the information on the first group of jointly encoded scale parameters and the information on the second group of jointly encoded scale parameters, where the signal processor is configured to locally decode the information on the first and the second groups of jointly encoded scale parameters to acquire a locally decoded first set of scale parameters and a locally decoded second set of scale parameters, and to scale the first channel using the locally decoded first set of scale parameters and to scale the second channel using the locally decoded second set of scale parameters, (above limitation not mapped) Or wherein the signal processor is configured, in the applying, to quantize the first group of jointly encoded scale parameters and the second group of jointly encoded scale parameters to acquire a quantized first group of jointly encoded scale parameters and a quantized second group of jointly encoded scale parameters (the parameters used by stages 3 and 4 in fig. 1 must be quantized at the encoder for the purpose of forming the bitstream to be received by the decoder), to locally decode the quantized first and the second groups of jointly encoded scale parameters to acquire a locally decoded first set of scale parameters and a locally decoded second set of scale parameters (para. 32, determining the error energy of the left and right channels per para. 32, noting the use by the encoder per para. 32) and to scale the first channel using the locally decoded first set of scale parameters and to scale the second channel using the locally decoded second set of scale parameters (the scaling performed via the gain value g.is per para. 31-34). As per claim 19, The audio encoder of claim 17, wherein the scale parameter calculator is configured to combine a scale parameter of the first set of scale parameters and a scale parameter of the second set of scale parameters using a first combination rule to acquire a jointly encoded scale parameter of the first group of jointly encoded scale parameters (the left and right or mid-side formats cited above as used by the decoder, require the associated encoder to combine scale parameters of each channel of the audio signal using a particular combination rule for the purpose of deriving the gain values that are received in the encoded bitstream per fig. 1), and using a second combination rule different from the first combination rule to acquire a jointly encoded scale parameter of the second group of jointly encoded scale parameters (the left and right or mid-side formats cited above as used by the decoder, require the associated encoder to combine scale parameters of each channel of the audio signal using a particular combination rule for the purpose of deriving the SFB values that are received in the encoded bitstream per fig. 1). As per claim 20, The audio encoder of claim 19, wherein the first group of jointly encoded scale parameters comprises mid scale parameters and the second group of jointly encoded scale parameters comprises side scale parameters, and wherein the scale parameter calculator is configured to use, in the first combination rule, an addition, and to use, in the second combination rule, a subtraction. (The encoded bitstream can be in a mid side format per para. 72, which requires the encoder to perform a sum and a difference combination rule for the purpose of producing the mid and side signals from the original left and right signals). As per claim 21, the audio encoder of claim 17, wherein the scale parameters calculator is configured to process a sequence of frames of the multi-channel audio signal (the encoder functions on a stream of audio formatted in frames defined by the portions of data used by each particular processing stage in the encoder), wherein the scale parameter calculator is configured to calculate first and second groups of jointly encoded scale parameters for a first frame of the sequence of frames (the frame by frame analysis cited in para. 19 is used for the coding, which requires the scale parameter calculator where the first frame is used in a first mode.used of IS coding), and to analyze a second frame of the sequence of frames to determine a separate encoding mode for the second frame (the frame by frame analysis in para. 19 for a 2nd frame that turns of the IS coding/separate coding ), and wherein the encoded signal former is configured to introduce a state side information into the encoded multi-channel audio signal indicating a separate encoding mode for the second frame or a joint encoding mode for the first frame(the current state of encoding the signal must be communicated to the decoder as side information in order for the codec to function, noting the dynamic coding decisions in fig. 5, including a joint encoding mode/IS coding on and a separate encoding mode/IS coding off , and information on the first set and the second set of separately encoded scale parameters for the second frame (the parameters to be encoding into the bitstream to be used by stages 3 and 4 in fig. 1). As per claim 22, the audio encoder of claim 17, wherein the scale parameter calculator is configured to calculate the first set of scale parameters for the first channel and the second set of scale parameters for the second channel (the values to the be used by stages 3 and 4 in fig. 1), to downsample the first and the second sets of scale parameters to acquire a downsampled first set and a downsampled second set (the codec can switch between long and short blocks per para. 29, where the block length defines the relative sampling of the scale parameters); and to combine a scale parameter from the downsampled first set and the downsampled second set using different combination rules to acquire a jointly encoded scale parameter of the first group and a jointly encoded scale parameter of the second group (the CODEC can function in a mid side configuration as per para. 72, where encoding a mid and side signal by definition comprises summing two channels and subtracting the two channels, which are the first and second set of combination rules, in order to form the mid and side signals), wherein the jointly encoded scale parameter of the first group and the jointly encoded scale parameter of the second group represent the information on the first group of jointly encoded scale parameters and the information on the second group of jointly encoded scale parameters since they are used in the same system as part of the signal processing being applied or (the alternative element below is not mapped) wherein the scale parameter calculator is configured to calculate the first set of sale parameters for the first channel and the second set of scale parameters for the second channel, to combine a scale parameter from the first set and a scale parameter from the second set using different combination rules to acquire a jointly encoded scale parameter of the first group and a jointly encoded scale parameter of the second group, and to downsample the first group of jointly encoded scale parameters to acquire a downsampled first group of jointly encoded scale parameters, and to downsample the second group of jointly encoded scale parameters to acquire a downsampled second group of jointly encoded scale parameters, wherein the downsampled first group and the downsampled second group represent the information on the first group of jointly encoded scale parameters and the information on the second group of jointly encoded scale parameters. As per claim 23, the audio encoder of claim 21, wherein the scale parameter calculator is configured to calculate a similarity of the first channel and the second channel in the second frame (the masked threshold in step 3 of para. 21 created per para. 26 where the ML and MR are the similarities of the L and R channels) and to determine the separate encoding mode in case a calculated similarity is in a first relation to a threshold or to determine the joint encoding mode in case the calculated similarity is in a different second relation to the threshold. (step 3 in para. 21 affects the bit rate and audible distortion which determines when IS encoding is turned on or off per step 4). As per claim 26, the audio encoder of claim 17, wherein the signal processor is configured to quantize the second group of jointly encoded scale parameters using a single stage quantization function to acquire one or more quantization indexes as the single stage result (the encoder must quantize the first and second encoded scale parameters/single stage quant funct for the purpose of being formatted to fit within the bitstream and within a framing scheme based on clocking signals/quant indexes which are required to synchronize the bits and frames into a recognizeable format for the decoder), or (the alternative element below is not mapped) wherein the signal processor is configured for quantizing the first group of jointly encoded scale parameters using at least a first stage quantization function and a second stage quantization function, and wherein the signal processor is configured for quantizing the second group of jointly encoded scale parameters using a single stage quantization function, wherein the single stage quantization function is selected from the first stage quantization function and the second stage quantization function. As per claim 32, the audio encoder of claim 17, wherein the signal processor is configured to further process a scaled first channel representation and a scaled second channel representation using a joint multi- channel processing to derive a multi-channel processed representation of the multi- channel audio signal (the step of transforming the determined sfb and gain values into the encoded bitstream as per fig. 1), (alternative element below not mapped) Or wherein the scale parameter calculator is configured to quantize the second set of scale parameters using a first stage quantization function to acquire one or more first quantization indexes as a first stage result and to acquire an intermediate second set of scale parameters,to calculate a residual second set of scale parameters from the second set of scale parameters and the intermediate second set of scale parameters, andto quantize the residual second set of scale parameters using a second stage quantization function to acquire one or more quantization indexes as a second stage result. As per claim 33, the audio encoder of claim 17, being configured to determine, for a frame of the multi-channel audio signal, the information on the second group of jointly encoded scale parameters as an all zero or all certain value information indicating the same value or a zero value for all jointly encoded scale parameters of the frame (the information in the encoded bitstream is decoded into parameters used to form the SFB bands and the gain values per stages 3 and 4 in fig. 1, which are each at certain values, which are encoded as their respective same values at the encoder) and wherein the encoded signal former is configured to use the all zero or all certain value information to acquire the encoded multi-channel audio signal (the certain values of each of the sfb and the gain values at the encoder are all used in forming the encoded multichannel audio signal). As per claim 34, The audio encoder of claim 17, wherein the scale parameter calculator is configured for calculating the first group of jointly encoded scale parameters and the second group of jointly encoded scale parameters for a first frame (the processing by the encoder to encode the sfb and gain values, which are on a frame by frame basis based on the frame by frame analysis per para. 19), for calculating the first group of jointly encoded scale parameters for a second frame, wherein, in the second frame, the jointly encoded scale parameters are not calculated or encoded (para. 19, based on the frame by frame analysis to determine if the usage of IS coding is the best option or whether IS coding should be turned off), and wherein the encoded signal former is configured to use a flag (the long or short block mode per para. 56) as the information on the second group of jointly encoded scale parameters indicating that, in the second frame, any jointly encoded scale parameters of the second group are not comprised in the encoded multichannel audio signal (the block mode indicates a common IS coding decision for all SFBs in long block mode that span a SFB in short block mode. With this strategy switching artifacts can be minimized, per para. 56). As per claim 35, a method of decoding an encoded audio signal comprising multi-channel audio data comprising data for two or more audio channels, and information on jointly encoded scale parameters, comprising: decoding the information on the jointly encoded scale parameters to acquire a first set of scale parameters for a first channel of a decoded audio signal and a second set of scale parameters for a second channel of the decoded audio signal (the scale parameter decoder per the claim 1 rejection); and applying the first set of scale parameters to a first channel representation derived from the multi-channel audio data and for applying the second set of scale parameters to a second channel representation derived from the multi-channel audio data to acquire the first channel and the second channel of the decoded audio signal (the signal processor per the claim 1 rejection), wherein the jointly encoded scale parameters comprise information on a first group of jointly encoded scale parameters and information on a second group of jointly encoded scale parameters (per the claim 1 rejection), and wherein the decoding comprises combining a jointly encoded scale parameter of the first group and a jointly encoded scale parameter of the second group using a first combination rule to acquire a scale parameter of the first set of scale parameters, and using a second combination rule being different from the first combination rule to acquire a scale parameter of the second set of scale parameters (per the claim 1 rejection). As per claim 36, a method of encoding a multi-channel audio signal comprising two or more channels, comprising: calculating an information on a first group of jointly encoded scale parameters and an information on second group of jointly encoded scale parameters from a first set of scale parameters for a first channel of the multi-channel audio signal and from a second set of scale parameters for a second channel of the multi-channel audio signal (scale parameter calculator per the claim 17 rejection); applying the first set of scale parameters to the first channel of the multi-channel audio signal and applying the second set of scale parameters to the second channel of the multi-channel audio signal and for deriving multi-channel audio data (signal processor per the claim 17 rejection); and using the multi-channel audio data and information on the first group of jointly encoded scale parameters and information on the second group of jointly encoded scale parameters to acquire an encoded multi-channel audio signal (encoded signal former per the claim 17 rejection). As per claim 37, a non-transitory digital storage medium having stored thereon a computer program for performing a method of decoding an encoded audio signal comprising multi- channel audio data comprising data for two or more audio channels, and information on jointly encoded scale parameters, comprising: decoding the information on the jointly encoded scale parameters to acquire a first set of scale parameters for a first channel of a decoded audio signal and a second set of scale parameters for a second channel of the decoded audio signal; and applying the first set of scale parameters to a first channel representation derived from the multi-channel audio data and for applying the second set of scale parameters to a second channel representation derived from the multi-channel audio data to acquire the first channel and the second channel of the decoded audio signal, wherein the jointly encoded scale parameters comprise information on a first group of jointly encoded scale parameters and information on a second group of jointly encoded scale parameters, and wherein the decoding comprises combining a jointly encoded scale parameter of the first group and a jointly encoded scale parameter of the second group using a first combination rule to acquire a scale parameter of the first set of scale parameters, and using a second combination rule being different from the first combination rule to acquire a scale parameter of the second set of scale parameters, when said computer program is run by a computer. (the system of the claim 1,17,35,36 rejections requires a program on memory at each of the encoder and decoder to enable the steps per the claim 1 and 17 rejections in order to be implemented). As per claim 38, a non-transitory digital storage medium having stored thereon a computer program for performing a method of encoding a multi-channel audio signal comprising two or more channels, comprising: calculating an information on a first group of jointly encoded scale parameters and an information on a second group of jointly encoded scale parameters from a first set of scale parameters for a first channel of the multi-channel audio signal and from a second set of scale parameters for a second channel of the multi-channel audio signal; applying the first set of scale parameters to the first channel of the multi-channel audio signal and applying the second set of scale parameters to the second channel of the multi-channel audio signal and for deriving multi-channel audio data; and using the multi-channel audio data and information on the first group of jointly encoded scale parameters and information on the second group of jointly encoded scale parameters to acquire an encoded multi-channel audio signal, when said computer program is run by a computer ((the system of the claim 1,17,35,36 rejections requires a program on memory at each of the encoder and decoder to enable the steps per the claim 1 and 17 rejections, in order to be implemented). Claim Rejections - 35 USC § 103 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. Claim(s) 30,31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baumgarte (US 20140067404 A1) as applied to claim 17 above, and further in view of Purnhagen (US 20130030817 A1). As per claim 30, Baumgarte discloses the encoded signal in fig. 1 which requires an encoder to calculate scale parameters with a scale parameter calculator, but does not specify the specifics of the encoder including: wherein the scale parameter calculator is configured to receive a first MDCT representation for the first channel and a second MDCT representation for the second channel, to receive a first MDST representation for the first channel and a second MDST representation for the second channel, to calculate a first power spectrum for the first channel from the first MDCT representation and the first MDST representation and a second power spectrum for the second channel from the second MDCT representation and the second MDST representation, and to calculate the first set of scale parameters for the first channel from the first power spectrum and to calculate the second set of scale parameters for the second channel from the second power spectrum. Purnhagen discloses an encoder and teaches that the encoder comprises: wherein the scale parameter calculator 608, fig. 6 is configured to receive a first MDCT representation for the first channel (output of 602) and a second MDCT representation (output of 604) for the second channel, to receive a first MDST representation for the first channel (the signal from 603 going to 605) and a second MDST representation for the second channel (input to 607), to calculate a first power spectrum for the first channel from the first MDCT representation and the first MDST representation and a second power spectrum for the second channel from the second MDCT representation and the second MDST representation (the processing per para. 106 is performed on a frequency band basis which requires determinations of respective sets of bands which together form a power spectrum, of each MDCT and MDST signal), and to calculate the first set of scale parameters for the first channel from the first power spectrum (the prediction parameters/coefficients per para. 107 to produce the mid signal M in the bitstream per fig. 6) and to calculate the second set of scale parameters for the second channel from the second power spectrum (the prediction parameters/coefficients per para. 107 to produce the side signal in the bitstream per fig. 6). Purnhagen teaches that this encoder implementation is computationally efficient (para. 8). It would have been obvious to one skilled in the art at the time of filing that the encoder in the CODEC of Baumgarte could be implemented as taught by Purnhagen for the purpose of being computationally efficient. As per claim 31, the audio encoder of claim 30, wherein the signal processor is configured to scale the first MDCT representation using information derived from the first set of scale parameters, and to scale the second MDCT representation using information derived from the second set of scale parameters. (the first and second MDCT representations are scaled via the scale factor bands, which each comprise a respective scale factor per para. 105 of Purnhagen, noting 605,606 and 607 in fig. 6). Allowable Subject Matter Claims 24,25,27-29 are objected to as being dependent upon a rejected base claim, but would be allowable over the prior art of record if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Response to Arguments The submitted arguments have been considered but are moot in view of the new grounds of rejection. Per applicant’s request of the examiner to withdraw the finality of the final rejection, the examiner notes an RCE has been filed and the case is no longer in final status. The examiner presents a non-final rejection. Per applicant’s argument that at the output of decoder 3, there exists only MDCT lines but not scale factors anymore, the examiner notes the output of decoder 3 refers to scale factors bands (SFBs) which require the second coefficients as mapped in the outstanding rejection and as disclosed in the prior art: the gain/scale parameters/factors required to produce the scale factors bands (SFBs) cited in para. 15, as output from 3) (further noting: para. 2: There is one gain value transmitted in the bit stream per scale factor band (SFB) of the audio stream. Per applicant’s argument that the gain values cited by the examiner would already have been ‘consumed’, the examiner does not necessarily agree with applicant’s characterization, however even assuming application of the second gains at a different point in time does not appear to preclude reading on any particular claim language in claim 1. As per applicant’s arguments concerning ‘to combine’ the parameters, the examiner contends a reasonably broad reading of ‘combined’ and ‘combination rule’ given the context and the fact that applicant has defined a ‘parameter’ to comprise ‘information’ as per claim 1. Applicant is encouraged to clarify ‘combined’, ‘combination rule’, and ‘information’ as recited in the claims, in order to overcome the current rejection. Examiner also suggests rewriting the claims to explicitly limit a parameter to consist of only that parameter and not additional ‘information’ as that is not a common use of the term parameter in actual implementation. The examiner further suggests consideration of the disclosure of the prior art concerning the ‘derived from the multi-channel audio data (the encoded audio bitstream)’ as discussed in the claim 1 rejection. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER KRZYSTAN whose telephone number is 571-272-7498, and whose email address is alexander.krzystan@uspto.gov The examiner can usually be reached on m-f 7:30-4:00 est. If attempts to reach the examiner by telephone or email are unsuccessful, the examiner’s supervisor, Fan Tsang can be reached on (571) 272-7547. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications and 571-273-8300 for After Final communications. /ALEXANDER KRZYSTAN/Primary Examiner, Art Unit 2653 Examiner Alexander Krzystan January 9, 2026
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Prosecution Timeline

Dec 21, 2022
Application Filed
Mar 07, 2025
Non-Final Rejection — §102, §103
Jun 13, 2025
Response Filed
Jun 20, 2025
Final Rejection — §102, §103
Nov 24, 2025
Request for Continued Examination
Dec 03, 2025
Response after Non-Final Action
Jan 09, 2026
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
81%
Grant Probability
88%
With Interview (+6.9%)
3y 1m
Median Time to Grant
High
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