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 .
This Office Action is in response to a RCE application filed on December 1, 2025 and wherein claims 1-4, 7, 12-15 amended and claims 5-6, 8-11, 16-17 cancelled.
In virtue of this communication, claims 1, 12 are currently pending in this Office Action.
With respect to the objection of claim 7 due to formality issue, as set forth in the previous Office Action, the claim amendment, including cancelation of claim 7, and argument, see paragraph 2 of page 5 in in Remarks filed on December 1, 2025, have been fully considered and the argument is persuasive. Therefore, the object of claim 7 due to the formality issue, as set forth in the previous Office Action, has been withdrawn.
With respect to the rejection of claims 1-4, 12-15 under 35 USC §112(b), as set forth in the previous Office Action, the claim amendment, including further 2-4, 7-11 and argument, see paragraphs 2-4 of page 6 in Remarks filed on December 1, 2025, have been fully considered and the argument is persuasive. Therefore, the rejection of claims 1-4, 12-15 under 35 USC § 112(b), as set forth in the previous Office Action, has been withdrawn.
The Office appreciates the explanation of the amendment and analyses of the prior arts, and however, although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993) and MPEP 2145.
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 of this title, 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 1-4, 7, 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20100014679 A1, hereinafter Kim) and in view of reference Fuchs et al (US 20180197552 A1, hereinafter Fuchs).
Claim 1: Kim teaches an encoding method (title and abstract, ln 1-4, method steps in figs. 3-4) comprising:
performing one of a sum operation, a difference operation (in pre-processing 100 in fig. 1, through matrix
PNG
media_image1.png
44
58
media_image1.png
Greyscale
for sum or difference in equation 1, para 21), and a bypass operation (through matrix
PNG
media_image2.png
44
47
media_image2.png
Greyscale
or
PNG
media_image3.png
45
49
media_image3.png
Greyscale
in equation 1, para 21 or frame type III, while the power of the residual signal is greater than the original input audio signal, the gain and the phase difference calculation operations are ignored or bypassed by simply setting those values as ‘0’, para 52) to be performed on a first channel signal and the second channel signal (selecting a reference from the left and the right of stereo audio signals, para 21, e.g., the selected left channel signal as the reference signal) and outputting a computed first channel signal Xc,1(n) and a computed second channel signal Xc,2(n) (through the portion of equation 1, para 21 for selecting a reference signal that can be bypassed so that the reference signal is the same as the left or right channel signal above and represented by x(t) and y(t) as spectrum of the left channel and right channel signals, one of which is reference signal to be quantized, para 27);
converting the computed first channel signal Xc,1(n) (a reference signal from a plurality of channel signals or N-channel signals via an input terminal IN_1 to IN_N in fig. 1, para 21) constituting an audio signal corresponding to a stereo signal from a real domain (including stereo two channel signals in time domain before the transformation unit 110 in fig. 1, para 25, e.g., the left channel signal of the stereo two channel signals, para 26) to a complex domain (via the transformation unit 110 and discussed above) and outputting a second channel signal in a complex form (output the selected signal to the reference spectrum quantization unit 120 in fig. 1, by using an equation 5, para 33);
converting the computed second channel signal Xc,2(n) constituting an audio signal corresponding to a stereo signal from a real domain to a complex domain (other channel signals from the N-channel signals than the reference signal, para 21, and forming a complex-valued spectrum by performing a complex-valued transformation through transformation unit 110 so that amplitudes and phases are expressed in complex-value domain, para 24, and e.g., right channel signal y(t) is formed after the transformation unit 110, para 26) and outputting a first channel signal in a complex form (e.g., output signal from the transformation unit 110, by using the equation 5, para 33);
deriving a complex spatial cue (phase differences ψi between the respective channel spectrums and the reference spectrum through a phase difference calculation unit 130, an equation 3, para 28-29 and respective gains gi, as respective ratios of the amplitude of the channel spectrums to the amplitude of the reference spectrum, an equation 4, para 30-31) from the computed first channel signal Xc,1(n) and the computed second channel signal Xc,2(n) (from pre-processing discussed above, the reference spectrum is either left channel spectrum or right channel spectrum if the bypass above, or is sum or difference of he left channel spectrum or right channel spectrum in pre-processing 100 in fig. 1, para 33);
correcting a phase difference and a gain value of the computed first channel signal Xc,1(n) with the complex spatial cue (portion
PNG
media_image4.png
21
93
media_image4.png
Greyscale
in equation 6 or portions
PNG
media_image5.png
20
177
media_image5.png
Greyscale
and
PNG
media_image6.png
19
171
media_image6.png
Greyscale
in equation 7, in order to approximate to right spectrum represented by
PNG
media_image7.png
20
54
media_image7.png
Greyscale
by using the left spectrum as the reference spectrum to minimize the equation 6 or equation 7, para 35-37) and outputting a differential signal Ẋc,2(n) (
PNG
media_image4.png
21
93
media_image4.png
Greyscale
in the equation 6 or
PNG
media_image5.png
20
177
media_image5.png
Greyscale
and
PNG
media_image6.png
19
171
media_image6.png
Greyscale
in equation 7);
obtaining a residual signal rc,2(n) that is a difference between the computed second channel signal Xc,2(n) and the differential signal Ẋc,2(n) (the return of the equation 6 or return of the equation 7 as remaining value through a residual spectrum extraction unit 150 to extracts residual spectrums corresponding to differences between the respective channel spectrum and predicted spectrum that is the modified spectrum of the reference spectrum by the gain and the phase difference above, para 39 and equation 9);
encoding the first channel signal (reference spectrum is encoded at step 385, para 104); and
encoding the residual signal (the residual spectrum is encoded at step 385, para 104), wherein performing one of the sum operation, the difference operation, and the bypass operation (discussed above) comprises:
when a power of the residual signal rc,2(n) for the computed second channel signal Xc,2(n) (the energy Eres_fr of the residual signal rc,2(n) and applied in equation 11, para 48) is greater by a threshold in comparison to a power of the second channel signal (the energy Ein_fr of the actual channel spectrum including the non-reference channel signal and applied in equation 11, para 48; in third frame type, the energy ratio Eres_fr / Ein_fr is greater than a threshold value 0.75, due to inaccurate prediction, para 49-50, 52-53), performing the bypass operation (losslessly encoding corresponding channel spectrum, para 53 and by setting the gain and phase difference to 0, para 52), the second channel signal in a complex form being output as the computed second channel signal Xc,2(n) (the residual signal, and as well the predicted phase difference and gain difference are not applied for lossless encoding, but directly encoding the associated channel for the lossless encoding, para 53).
However, Kim does not explicitly teach an order that channel signals are converted from time domain to a complex form first and then performing the disclosed one of the sum, the difference, and the bypass operation on the first channel signal and the second channel signal in the complex domain and does not explicitly teach wherein encoding the first channel signal and the residual signal in the real domain by converting back from the complex domain to the time domain and does not explicitly teach wherein the disclosed power of the residual signal rc,2(n) for the computed second channel signal Xc,2(n) is greater than the disclosed the power of the second channel signal or the threshold is 1.00.
Fuchs teaches an analogous field of endeavor by disclosing encoding method (title and abstract, ln 1-18, method steps in para 12 and implemented by an audio encoder in fig. 4a) and wherein an order is disclosed that channel signals are converted from time domain to a complex form (converting input stereo channel signals l and r into L and R, from time domain to complex form or spectrum, respectively through DFT 1000 in figs. 4a/5, para 22, 85) and then performing one of the sum, the difference, and the bypass operation on the first channel signal and the second channel signal in the complex domain (mid signal, side signal, or both, after DFT 1000 in para 22, 26) and wherein encoding the first channel signal (encoding m signal from M signal through IDFT 1030 and EVS encoder 1403 in fig. 4a) and the residual signal in the real domain (encoding s signal from S signal through IDFT 1030 and MDCT coding 1440 in fig. 4a, para 89) by converting back from the complex domain to the time domain (through IDFT 1030 in fig. 4A) in order to reduce encoding and decoding delay (para 5, using DFT or FFT for low-delay manner, para 19), algorithmic delay (para 23), and overall delay (para 10) so that the audio quality can be maintained consistently (para 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the order that channel signals are converted from time domain to the complex form first and then performing one of the sum, the difference, and the bypass operation on the first channel signal and the second channel signal in the complex domain and wherein encoding the first channel signal and the residual signal in the real domain by converting back from the complex domain to the time domain, as taught by Fuchs, to the order of converting the first/second channel signals and performing one of the sum, the difference, and the bypass operation and encoding the first channel signal and encoding the residual signal in complex form in the encoding method, as taught by Kim, for the benefits discussed above.
However, the combination of Kim and Fuchs does not explicitly teach wherein the disclosed power of the residual signal rc,2(n) for the computed second channel signal Xc,2(n) is greater than the disclosed the power of the second channel signal or the threshold is 1.00.
It has been a recognized problem and need in the art, which may include a design need to solve the problem for lossless encoding of the audio signals and there had been a finite number of identified, predictable potential solutions to setting the threshold value or defining a degree of inaccuracy of the prediction:
the threshold is 0.75 for strictness of the inaccuracy level of the residual prediction,
the threshold is 1.00 at middle level in the inaccuracy level of the residual prediction for balance between inaccuracy and accuracy of the residual signal prediction,
the threshold is 1.25 for less strictness in the inaccuracy level of the residual prediction,
it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have pursued the known potential solutions with a reasonable expectation of success or obvious to try, see MPEP 2141, III.
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the threshold of defining the inaccuracy level of the residual prediction including at the middle level by threshold being 1.00, i.e., the power of the residual signal rc,2(n) for the computed second channel signal Xc,2(n) is greater than the power of the second channel signal, as taught by the obvious to try, to the power of the residual signal rc,2(n) for the computed second channel signal Xc,2(n) being greater by the threshold in comparison to the power of the second channel signal in the encoding method, as taught by the combination of Kim and Fuchs, for the benefit of the designer’s choice.
Claim 12 has been analyzed and rejected according to claim 1 above and wherein the combination of Kim and Fuchs further teaches an encoding device comprising a processor for implementing the method as recited in claim 1 (Kim, an audio encoder in fig. 4a, a computer processor, para 121, and Fuchs, using a microprocessor or FPGA to perform the disclosed method, para 272).
Response to Arguments
Applicant's arguments filed on December 1, 2025 have been fully considered and but are moot in view of the new ground(s) of rejection necessitated by the applicant amendment. Although a new ground of rejection has been used to address additional limitations that have been added to claims 1, 12, a response is considered necessary for several of applicant’s arguments since references Kim and Fuchs will continue to be used to meet several claimed limitations.
With respect to the prior art rejection of independent claim 1, similar to claim 12, about claimed feature “bypass operation on the first channel signal and the second channel signal in the complex domain”, under 35 USC §103(a), as set forth in the Office Action, applicant argued: “Fuchs, however, … merely selects between alternative residual refinement methods, … [0232]-[0238], but continues to perform stereo processing, including parameter derivation and mid/side transformations. In contrast, the presently claimed bypass operation outputs the second channel signal unchanged, i.e., the second channel signal in a complex form being output as the computed second channel signal without performing spatial cue derivation, prediction, residual processing, or other calculation. Additionally, Fuchs contains no disclosure of computing a residual power, computing a channel power, or comparing those powers to trigger a bypass condition, much less in the manner claimed. Thus, Fuchs and thereby Kim in view of Fuchs fails to teach or suggest each an every one of the above-noted features of claims 1 and 12”, as asserted in paragraph 2 of page 8 in Remarks filed on December 1, 2025.
In response to the argument above, the Office respectfully disagrees because
(1) Kim has taught the argued features above, see the office action above and the discussion (2) below, and thus, Fuchs does not have to teach the features Kim has taught, and wherein the office action did not cite that Kim has no teach of “bypass”, see page 5 of the previous office action (copied below):
PNG
media_image8.png
500
659
media_image8.png
Greyscale
and
(2) Kim, as written in the previous office action, clearly teaches an opposite situation to claim 3 (now canceled) and associated with a case of “third frame type” (para 52), wherein a power of the residual signal for the input audio signal is calculated (Eres_fr) and compared to a power of original input audio signal (Ein_ fr, via equation 11, para 49-52), and wherein the opposite situation is that the power of the calculated residual signal for the computed audio signal becomes greater than the calculated power of the original audio signal (via equation 11, para 52 and obvious to try as discussed in the office action above), a bypass is performed (gain calculation and phase calculation based on equations via equations 6-8, para 37-39 and are omitted by setting them to ‘0’, para 52) is performed and then, because the gain and the phase difference calculations are ignored, the lossless encoding is touted to directly encoding spectrum of the associated channel signals without need of predicted signals, i.e., by bypassing any gain and phase difference calculations above (mapped to the bypass operation), so that inaccurately predicted signal is ignored and replaced with associated channel signals to be used for encoding (para 52-53) and therefore, in lack of what the “bypass operation” is or in lack of what operation is bypassed, the Kim’s disclosure above essentially anticipated the argued “bypass operation”, etc. above and details in pages 8-9 of the office action as set forth above.
In the response to this office action, the Office respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Office in prosecuting this application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESHUI ZHANG whose telephone number is (571)270-5589. The examiner can normally be reached on Monday-Friday 6:30amp-4:00pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivian Chin can be reached on 571-272-7848. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LESHUI ZHANG/
Primary Examiner, Art Unit 2695