DETAILED ACTION
1. This action is responsive to remarks filed 4/27/2026.
Response to Amendment
2. Claims 1-13, 15-32 have been amended.
The title of the invention is still objected to, as it can incorporate more specific language discussing novelty of the invention.
The drawings have been accepted.
The claim objections (15-19) have been overcome based on the amendments to correct dependency.
Response to Arguments
3. Applicant’s arguments filed have been fully considered and are persuasive. However, independent claims 21 and 31 and their dependents are still rejected as they do not incorporate the allowable subject matter of the other independent claims, and are broad enough to allow the closest prior art of record to still read on the limitations.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
5. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Objections
6. Claim 23 recites: “the zero sub-bands”. There is insufficient antecedent basis for the limitation in this claim
Allowable Subject Matter
7. Claims 1-20, 22, 24, 26, 28-30, 32 are allowed.
The following is an examiner’s statement of reasons for allowance: the claims are allowed as they teach:
An encoder for encoding a spectral representation of audio signal divided into a plurality of sub-bands, wherein the spectral representation comprises frequency bins or of frequency coefficients and wherein at least one sub-band comprises more than one frequency bin, the encoder comprising:
a quantizer configured to generate a quantized representation of the spectral representation of the audio signal divided into the plurality of sub-bands;
a band-wise parametric coder configured to provide a coded parametric representation of the spectral representation depending on the quantized representation,
wherein the coded parametric representation comprises parameters describing the spectral representation in the plurality of sub-bands or coded versions of the parameters describing the spectral representation in the plurality of sub-bands;
wherein there are at least two sub-bands being different and the parameters describing the spectral representation in the at least two sub- bands being different wherein the parameters describe energy in the plurality of sub- bands;
wherein at least one sub-band of the plurality of sub-bands is quantized to zero or wherein a spectral representation for the at least one sub-band of the plurality of sub-bands is zero in the quantized representation.
The Application teaches:
[0050] An aspect of the present invention is based on finding that an audio signal or a spectral representation of the audio signal divided into a plurality of sub-bands can be efficiently coded in a band-wise manner (band-wise may mean per band/sub-band). According to embodiments the concept allows restricting the parametric coding only in the sub-bands that are quantized to zero by a quantizer (used for quantizing the spectrum). This concept enables an efficient joint coding of a spectrum and band-wise parameters, so that a high spectral resolution for the parametric coding is achieved, yet lower than the spectral resolution of a spectral coder can be achieved. The resulting coder is defined as an integral band-wise parametric coding entity within a waveform preserving coder. According to embodiments, the band-wise parametric coder together with a spectrum coder are configured to jointly obtain a coded version of the spectral representation of audio signal (X.sub.MR). This joint coder concept has the benefit that the bitrate distribution between the two coders may be done jointly.
[0051] According to further embodiments, at least one sub-band is quantized to zero. For example, the parametric coder determines which sub-bands are zero and codes (just) a representation for the sub-bands that are zero. According to embodiments, at least two sub-bands may have different parameters.
[0116] Both coders 1010 and 1020 receive the quantized representation X.sub.Q, i.e. the signal X.sub.MR preprocessed by a quantizer 1030 and an optional modifier (not shown in FIG. 1a, but shown as 156m in FIG. 3). The parametric coder 1010 checks which sub-bands in X.sub.Q are zero and codes a representation of X.sub.MR for the sub-bands that are zero in X.sub.Q. Regarding the modifier it should be noted that same provides for the joint coder 1010 plus 1020 a quantized and modified audio signal (as shown in FIG. 3). For example, the modifier may set different sub-bands to zero as will be discussed with respect to FIG. 16 (in FIG. 16 the modifier is marked with 302).
[0117] According to embodiments, the coded parametric representation (zfl) uses variable number of bits. For example the number of bits used for representing the coded parametric representation (zfl) is dependent on the spectral representation of audio signal (X.sub.MR).
[0120] According to embodiments, the parameters describe energy only in sub-bands for which the quantized representation (X.sub.Q) is zero (that is all frequency bins of X.sub.Q in the sub-bands are zero). Other parametric representations of zero sub-bands may be used. This may be a specification of “depending on the quantized representation (X.sub.Q)”.
[0121] According to embodiments, the band-wise parametric coder 1010 is configured to provide a parametric description of sub-bands quantized to zero. The parametric representation may depend on an optimal quantization step (cf. step size in FIG. 16 and g.sub.Q.sub.0 in FIG. 3) and may consist of parameters describing energy in sub-bands where the quantized spectrum is zero, so that at least two sub-bands have different parameters or that at least one parameter is restricted to only one sub-band. The lossless spectrum coder 1020 is configured to provide a coded representation of the (quantized) spectrum. This joint coding 1010 plus 1020 is of high efficiency, especially enables high spectral resolution of the parametric coding 1010 and yet lower than the spectral resolution of the spectrum coder 1020.
[0122] The above approach further allows restricting the parametric coding only in the sub-bands that are quantized to zero by a quantizer used for quantizing the spectrum. Due to the usage of a modifier it is additionally possible to provide an adaptive way of distributing bits between the band-wise parametric coder 1010 and the spectrum coder 1020, each of the coder taking into account the bit demand of the other, and allows fulfillment of bitrate limit.
Regarding claim 1 Eksler (2012/0146831), the closest art of record, teaches An encoder for encoding a spectral representation of audio signal divided into a plurality of sub-bands, wherein the spectral representation comprises frequency bins or of frequency coefficients and wherein at least one sub-band comprises more than one frequency bin (figure 1, 16; para: 0028: method for coding spectral coefficients of a plurality of frequency sub-bands; 0034: The SHB signal is transformed into the MDCT domain resulting in 80 SHB MDCT spectral coefficients in every frame. In the processing of the SWB layers, 64 (out of 80) SHB MDCT coefficients corresponding to the 8-14.4 kHz frequency band are encoded. The 64 SHB MDCT coefficients are divided into 8 sub-bands (sub-vectors) each with 8 spectral coefficients.), the encoder comprising:
a quantizer configured to generate a quantized representation of the spectral representation of audio signal divided into the plurality sub-bands (fig 1 quantizer; 0028: quantizing the spectral coefficients of the sub-bands); and
[0028] In accordance with an illustrative embodiment, there is provided a multi-rate algebraic vector quantizing method for coding spectral coefficients of a plurality of frequency sub-bands, comprising: quantizing the spectral coefficients of the sub-bands, quantizing the spectral coefficients comprising using a plurality of codebooks each including a plurality of vectors and coding quantizer parameters identifying the codebooks and vectors used for coding the spectral coefficients of the sub-bands; and coding supplemental information usable to improve, at a dequantizer, decoded spectral coefficients of the sub-bands.;
0039: Coders 103 and 104 code the quantizer parameters identifying the codebooks and vectors used for coding the spectral coefficients of the sub-bands, including the codebook numbers n.sub.i and the vector indexes I.sub.i, respectively, in the respective sub-bands i;
0035: Thus in every frame there is at least one sub-band where AVQ is not applied or the AVQ quantized output vector is formed of zero spectral coefficients. These sub-bands are called "zero sub-bands" as the AVQ quantized output vector is zero for these sub-bands and can be processed differently using herein presented optimization techniques.;
[0036] The actual bit budget used to encode AVQ indices in SWBL1 and SWBL2 varies from frame to frame and the difference between the allocated 36, respectively 40, bits and the actually used bits is called "AVQ unused bits". The AVQ unused bits are further employed to refine the zero sub-bands. The zero sub-bands are reconstructed depending on coding mode and flag selection. When there are no AVQ unused bits in coding mode.noteq.1, the zero sub-bands are replaced by the SWBL0 output spectrum that is derived from the LB+HB spectrum with adjusted energy envelope. The spectral coefficients of the SWBL0 output spectrum are almost random and do not match well the original SHB spectrum. This is especially true in spectra with dominant spectral peaks (i.e., when the maximum energy of a sample in the sub-band is substantial compared to the average energy in this sub-band). When there are no AVQ unused bits in coding mode 1, the zero sub-bands are replaced by the spectral envelope with the signs of the spectral coefficients corresponding to the signs of the SWBL0 output spectral coefficients (again, these signs are almost random). Consequently the fine structure of the SHB spectrum is lost. In coding mode 1, even the zero spectral coefficients in AVQ coded sub-bands are replaced by the spectral envelope with the signs of the spectral coefficients corresponding to the signs of the SWBL0 output spectral coefficients. When there are some AVQ unused bits available, the processing is different and described later with herein presented optimization techniques.
0059: In the reconstructed spectrum, SHB zero sub-bands are filled using an adjusted spectral envelope attenuated (multiplied) by an attenuation factor .gamma.
But does not specifically teach
a band-wise parametric coder configured to provide a coded parametric representation of the spectral representation depending on the quantized representation,
wherein the coded parametric representation comprises parameters describing the spectral representation in the plurality of sub-bands or coded versions of the parameters describing the spectral representation in the plurality of sub-bands;
wherein there are at least two sub-bands being different and the parameters describing the spectral representation in the at least two sub- bands being different wherein the parameters describe energy in the plurality of sub- bands;
wherein at least one sub-band of the plurality of sub-bands is quantized to zero or wherein a spectral representation for the at least one sub-band of the plurality of sub-bands is zero in the quantized representation.
Claim Rejections - 35 USC § 102
8. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
9. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
10. Claims 21, 23, 25, 31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eksler (2012/0146831).
Regarding claim 21 Eksler teaches A band-wise parametric spectrum generator configured to generate a spectrum to acquire a generated spectrum that is added to a decoded and dequantized spectrum or to a combination of a predicted spectrum and the decoded and dequantized spectrum, where the generated spectrum is band-wise acquired from a source spectrum, the source spectrum being one of:
- a second prediction spectrum; or
- a random noise spectrum; or
- the already generated parts of the generated spectrum; or
- the decoded and dequantized spectrum or the combination of the predicted spectrum and the decoded and dequantized spectrum;
wherein at least one sub-band is acquired using the already generated parts of the generated spectrum
(which appears to recite/disclose acquiring additional sub-bands of the spectral information, and is taught by Eksler, which can encode/decode spectral information and parameters of the audio signal, and additional components (additional bands, zero sub-bands, supplemental information) of the signal based on available bits:
[0028] In accordance with an illustrative embodiment, there is provided a multi-rate algebraic vector quantizing method for coding spectral coefficients of a plurality of frequency sub-bands, comprising: quantizing the spectral coefficients of the sub-bands, quantizing the spectral coefficients comprising using a plurality of codebooks each including a plurality of vectors and coding quantizer parameters identifying the codebooks and vectors used for coding the spectral coefficients of the sub-bands; and coding supplemental information usable to improve, at a dequantizer, decoded spectral coefficients of the sub-bands.;
[0030] In accordance with a further illustrative embodiment, there is provided a multi-rate algebraic vector dequantizing method for decoding spectral coefficients of a plurality of frequency sub-bands, comprising: decoding received, coded quantizer parameters identifying codebooks and vectors of the codebooks used for coding the spectral coefficients of the sub-bands; decoding received, coded supplemental information usable to improve the decoded spectral coefficients of the sub-bands; and dequantizing the decoded quantizer parameters and the decoded supplemental information to produce the decoded spectral coefficients.;
[0036] The actual bit budget used to encode AVQ indices in SWBL1 and SWBL2 varies from frame to frame and the difference between the allocated 36, respectively 40, bits and the actually used bits is called "AVQ unused bits". The AVQ unused bits are further employed to refine the zero sub-bands. The zero sub-bands are reconstructed depending on coding mode and flag selection. ;
[0042] Therefore, by rewriting the code, some bits, complexity, memory and length of the code can be saved. The AVQ unused bits in relevant frames can be used for another purpose. This leads to a multi-rate quantizer 100 (FIG. 1) with supplemental coding, more specifically with a coder 113 of supplemental information usable to improve, at the dequantizer 107, decoded spectral coefficients of the sub-bands. ).
[0043] On the receiver side, the demultiplexer 108 demultiplexes the received supplemental information and the received coded quantizer parameters identifying the codebooks and vectors of these codebooks used for coding the spectral coefficients, these quantizer parameters including the codebook numbers n.sub.i and vector indexes I.sub.i transmitted through the communication channel 106. As described hereinabove, the decoders 109 and 110 decode the demultiplexed coded codebook numbers n.sub.i and vector indexes I.sub.i, respectively, in the respective sub-bands i. A decoder 114 decodes the supplemental information from the demultiplexer 108. Finally, the dequantizer portion 111 dequantizes received coded codebook numbers n.sub.i, vector indexes I.sub.i and supplemental information to produce the decoded output spectral coefficients 112 corresponding to the quantized input spectral coefficients 101.).
Regarding claim 23 Eksler teaches The band-wise parametric spectrum generator according to claim 21, wherein the source spectrum is weighted based on energy parameters of the zero sub-bands (0056-0061;
[0057] The problem A in FIG. 6 is caused because the zero sub-band in the SWBL2 spectrum is filled using the SWBL0 output spectrum. As the SWBL0 output spectrum is derived from the LB+HB spectrum that contains strong peaks, these peaks are transformed to the SHB spectrum. The problems B in FIG. 6 are caused by wrong energy estimation in zero sub-bands reconstruction caused by limitations in the frequency envelope quantization. The sub-bands with wrong energy estimation are further called "problematic zero sub-bands".
[0058] As mentioned in Section 1, the AVQ unused bits in relevant frames can be used to improve the codec performance. In SHB, the AVQ unused bits can be used for improving the zero sub-bands when full bit-rate is received (i.e. the highest bit-rate is received). The improvement is based on two different techniques.).
Regarding claim 25 Eksler teaches The band-wise parametric spectrum generator according to claim 21, wherein a choice of the source spectrum for a sub-band is dependent on at least one of: a sub-band position, tonality information, power spectrum estimation, energy parameter, pitch information or temporal information (0056-0061).
Claim 31 recites limitations similar to claim 21 and is rejected for similar rationale and reasoning
Claim Rejections - 35 USC § 103
11. 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.
12. Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Eksler in view of Disch et al (2016/0133265).
Regarding claim 27 Eksler does not specifically teach where Disch teaches The band-wise parametric spectrum generator according to claim 25, wherein the tonality information is phiH, or the pitch information is
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or the temporal information is information on whether TNS is active or not (0087; 88; 104 TNS; 117 tonality detector).
It would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate Disch for an improved system for proper encoding and decoding of tonal components (in accordance with psycho-acoustic module) (Disch 0087).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAUN A ROBERTS whose telephone number is (571)270-7541. The examiner can normally be reached Monday-Friday 9-5 EST.
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/SHAUN ROBERTS/Primary Examiner, Art Unit 2655
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