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
This office action is in response to correspondence 05/21/26 regarding application 18650215, in which claims 1, 3-6, 8, 10, 11, 14-17, 19-22, 24-26, 30, 32, and 33 were amended and claims 9 and 23 were cancelled. Claims 1-8, 10-22, and 24-33 are pending in the application and have been considered.
Response to Arguments
The amendment to claim 6 overcomes the objection for minor informalities, and so it is withdrawn.
Amended claim 19 overcomes the rejection under 35 U.S.C. 112(b) for being indefinite, and so it is withdrawn.
It is noted that the terminal disclaimers 05/04/26 and 05/14/26 were both disapproved. The double patenting rejections of claims 1-4, 32, and 33 based on the claims of copending Application No. 16/892,648 are maintained for now, but will be withdrawn if Applicant submits another terminal disclaimer that is approved.
Applicant’s arguments on pages 16-19 regarding the 35 U.S.C. 101 rejections of claims 1-31 have been considered and are persuasive, and so the 35 U.S.C. 101 rejections are withdrawn. In particular, the examiner is persuaded that the claims are not directed to software per se but rather particular audio signal processing hardware components.
Applicant’s arguments on pages 16-19 regarding the 35 U.S.C. 102(a)(1) rejections based on Hedelin and the 35 U.S.C. 103 rejections based on Hedelin, Mukhtar, Honma, Luo, Liljeryd, Princen, and ISO/IEC 14496-3 have been considered but are moot in view of the new grounds for rejection based in part on the newly discovered reference to Truman et al. (US 20150279379), which discloses processing of high frequency signal components in the time domain which is believed to be similar to that now claimed in amended independent claims 1, 32, and 33. The new grounds for rejection based in part on Truman are necessitated by Applicant’s claim amendments.
Claim Objections
In claim 16, line 4, should “time domain value values” be “time domain values”?
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-4, 32, and 33 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 8, and 10 of copending Application No. 16/892,648 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other, as that chart below shows.
Specifically, a comparison of claim 1 in the present application with claim 1 of copending Application No. 16/892,648 yields the following:
(Present application) (copending Application No. 16/892,648)
1. An audio post-processor for post-processing an audio signal comprising a time-variable high frequency gain information representing a side information of the audio signal, comprising:
a band extractor configured for extracting a high frequency band of the audio signal to obtain an extracted high frequency band of the audio signal, the extracted high frequency band of the audio signal comprising a block of high pass time domain values and configured for extracting a low frequency band of the audio signal to obtain an extracted low frequency band of the audio signal, the extracted low frequency band of the audio signal comprising a block of low pass time domain values;
a high band processor configured for performing a time-variable amplification of only the extracted high frequency band of the audio signal in accordance with the time-variable high frequency gain information representing the side information of the audio signal to acquire a processed high frequency band,
wherein the high band processor is configured to apply the time-variable amplification to each time domain value of the block of high pass time domain values using the high frequency gain information representing the side information to obtain a block of modified high pass time domain values as the processed high frequency band; and
a combiner configured for performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values.
1. An audio post-processor for post-processing an audio signal comprising a time-variable high frequency gain information representing a side information of the audio signal, comprising:
a band extractor configured for extracting a high frequency band comprising a block of high pass time domain values and configured for extracting a low frequency band of the block of time domain values of the audio signal to obtain an extracted low frequency band comprising a block of low pass time domain values;
a high band processor configured for performing a time-variable amplification of only the extracted high frequency band in accordance with the time-variable high frequency gain information representing the side information of the audio signal to acquire a processed high frequency band,
wherein the high band processor is configured to apply the time-variable amplification to each time domain value of the block of high pass time domain values using the high frequency gain information representing the side information to obtain a block of modified high pass time domain values as the processed high frequency band; and
a combiner configured performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values unmodified by the time-variable high frequency gain information, …
As the table above demonstrates each limitation of claim 1 of the present application is found in claim 1 of copending Application No. 16/892,648, thus claim 1 of the present application is anticipated by claim 1 of copending Application No. 16/892,648. Independent claims 32 and 33 are similarly anticipated by claims 8 and 10 of copending Application No. 16/892,648 respectively. Dependent claims 2-4 of the present application are substantially similar to claims 2-4 of US copending Application No. 16/892,648, and therefore are also anticipated, as shown below.
(Present application) (copending Application No. 16/892,648)
2. The audio post-processor of claim 1, in which the band extractor is configured to extract the low frequency band of the audio signal using a low pass filter device and to extract the high frequency band of the audio signal by subtracting the extracted low frequency band of the audio signal from the audio signal.
2. The audio post-processor of claim 1, in which the band extractor is configured to extract the low frequency band using a low pass filter device and to extract the high frequency band by subtracting the extracted low frequency band from the block of time domain values of the audio signal.
3. The audio post-processor of claim 1, in which the time-variable high frequency gain information representing the side information of the audio signal is provided for a sequence of blocks of time domain values of the audio signal so that a first block of time domain values has associated therewith a first gain information and a second later block of time domain values of the audio signal has a different second gain information, wherein the band extractor is configured to extract, from the first block of time domain values, the extracted low frequency band of the audio signal and the extracted high frequency band of the audio signal and to extract, from the second block of time domain values, a second low frequency band of the audio signal to obtain a second extracted low frequency band of the audio signal and to extract a second high frequency band of the audio signal to obtain a second extracted high frequency band of the audio signal, and wherein the high band processor is configured to modify the extracted high frequency band of the audio signal using the first gain information to acquire the processed high frequency band and to modify the second extracted high frequency band of the audio signal using the second gain information to acquire a second processed high frequency band, and wherein the combiner is configured to combine the extracted low frequency band of the audio signal and the processed high frequency band to acquire a first combined block and to combine the second extracted low frequency band of the audio signal and the second processed high frequency band to acquire a second combined block.
3. The audio post-processor of claim 1, wherein the audio signal comprises a sequence of blocks of time domain values, the sequence of blocks comprising the block of time domain values and a further later block of time domain values, wherein the time-variable high frequency gain information representing the side information of the audio signal is provided for the sequence of blocks of time domain values of the audio signal, wherein the block of time domain values has associated therewith a first gain information and the further later block of time domain values of the audio signal has a different second gain information, wherein the band extractor is configured to extract, from the further later block of time domain values, a further block of low pass time domain values and a further block of high pass time domain values, and wherein the high band processor is configured to modify, in the applying the time-variable amplification, the block of high pass time domain values using the first gain information to acquire the processed block of high pass time domain values and to modify the further block of high pass time domain values using the second gain information to acquire a further processed block of high pass time domain values, and wherein the combiner is configured to combine the further later block of time domain values and the further processed block of high pass time domain values.
4. The audio post-processor of The audio post-processor of wherein the band extractor and the high band processor and the combiner are configured to operate in overlapping blocks, and wherein the audio post-processor further comprises an overlap-adder configured for calculating time domain values of a post-processed portion by adding time domain values of a first combined block obtained by the sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values and time domain values of a second combined block in a block overlap range.
4. The audio post-processor of The audio post-processor of wherein the band extractor and the high band processor and the combiner are configured to operate in overlapping blocks, and wherein the audio post-processor further comprises an overlap-adder configured for calculating time domain values of a post-processed portion by adding time domain values of a first combined block obtained by the sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values and time domain values of a second combined block in a block overlap range.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 103
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.
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, 8, 10, 14, 15, 22, 27, 28, and 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Hedelin et al. (US 20160019908) in view of Truman et al. (US 20150279379).
Consider claim 1, Hedelin discloses an audio post-processor for post-processing an audio signal comprising a time-variable high frequency gain information representing a side information of the audio signal (post-processor gain, [0025], that boosts high frequencies, by calculating a gain based on p-norm of the spectral magnitudes, i.e. side information [0027]), comprising:
a band extractor (implemented on logic with processors, [0063]) configured for extracting a high frequency band of the audio signal to obtain an extracted high frequency band of the audio signal and for extracting a low frequency band of the audio signal to obtain an extracted low frequency band of the audio signal (QMF analysis 504 extracts 64 equally spaced frequency bands, [0029], Fig 5, which therefore include “high frequency” and “low frequency” bands);
a high band processor (implemented on logic with processors, [0063]) configured for performing a time-variable amplification of only the extracted high frequency band of the audio signal in accordance with the time-variable high frequency gain information representing the side information of the audio signal to acquire a processed high frequency band (the gain value is calculated using only those subbands in the range 1kHz to 6kHz, and applied to that same subset of subbands, i.e. only the extracted high frequency band, [0039], the analysis done for each window length, [0027-0038], hence “time-variable amplification”, the gain calculated based on p-norm of the spectral magnitudes, i.e. side information, [0027], [0039]),
wherein the high band processor is configured to apply the time-variable amplification using the high frequency gain information representing the side information to obtain the high frequency band (applying the gain value to only those subbands in the range 1kHz to 6kHz, [0039], [0027], [0039]); and
a combiner (implemented on logic with processors, [0063], QMF synthesis 510 creates an output audio signal from the 64 frequency bands, Fig 5., [0053]).
Hedelin does not specifically mention the extracted high frequency band of the audio signal comprising a block of high pass time domain values; the extracted low frequency band of the audio signal comprising a block of low pass time domain values; apply the time-variable amplification to each time domain value of the block of high pass time domain values to obtain a block of modified high pass time domain values as the processed high frequency band; and performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values.
Truman discloses the extracted high frequency band of the audio signal comprising a block of high pass time domain values (temporal values of higher-frequency subband signal, [0086-0088]); the extracted low frequency band of the audio signal comprising a block of low pass time domain values (temporal values of baseband signal, [0086-0088]); apply the time-variable amplification to each time domain value of the block of high pass time domain values to obtain a block of modified high pass time domain values as the processed high frequency band (modulator receives estimated temporal envelope of higher-frequency subband signal and uses this to modulate the regenerated spectral components received from synthesis filterbank, [0088]; this is considered “time-variable amplification” as it is a time domain operation that reverses the spectral flattening in the encoder); and performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values (modulated subband signal and modulated higher-frequency subband signal are combined to form reconstructed signal, [0089]; since these outputs of synthesis filterbanks 283 and 280 are time domain signals, this is considered “sample-wise addition).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin such that the extracted high frequency band of the audio signal comprising a block of high pass time domain values; the extracted low frequency band of the audio signal comprising a block of low pass time domain values; apply the time-variable amplification to each time domain value of the block of high pass time domain values to obtain a block of modified high pass time domain values as the processed high frequency band; and performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values in order to improve high frequency regeneration, predictably improving perceptual audio quality, as suggested by Truman ([0006]-[0009]). The cited references are analogous art in the field of audio processing.
Consider claim 32, Hedelin discloses a method of post-processing an audio signal comprising a time-variable high frequency gain information representing a side information of the audio signal (post-processor gain, [0025], that boosts high frequencies, by calculating a gain based on p-norm of the spectral magnitudes, i.e. side information [0027]), comprising:
extracting a high frequency band of the audio signal to obtain an extracted high frequency band and extracting a low frequency band of the audio signal to obtain an extracted low frequency band of the audio signal (QMF analysis 504 extracts 64 equally spaced frequency bands, [0029], Fig 5, which therefore include “high frequency” and “low frequency” bands);
performing a time-variable amplification of only the extracted high frequency band in accordance with the time-variable high frequency gain information representing the side information of the audio signal to acquire a processed high frequency band, wherein the performing the time-variable amplification comprises applying the time-variable amplification using the high frequency gain information representing the side information to obtain the processesed high frequency band (the gain value is calculated using only those subbands in the range 1kHz to 6kHz, and applied to that same subset of subbands, i.e. only the extracted high frequency band, [0039], the analysis done for each window length, [0027-0038], hence “time-variable amplification”, the gain calculated based on p-norm of the spectral magnitudes, i.e. side information, [0027], [0039]).
Hedelin does not specifically mention the extracted high frequency band of the audio signal comprising a block of high pass time domain values; the extracted low frequency band of the audio signal comprising a block of low pass time domain values; apply the time-variable amplification to each time domain value of the block of high pass time domain values to obtain a block of modified high pass time domain values as the processed high frequency band; and performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values.
Truman discloses the extracted high frequency band of the audio signal comprising a block of high pass time domain values (temporal values of higher-frequency subband signal, [0086-0088]); the extracted low frequency band of the audio signal comprising a block of low pass time domain values (temporal values of baseband signal, [0086-0088]); apply the time-variable amplification to each time domain value of the block of high pass time domain values to obtain a block of modified high pass time domain values as the processed high frequency band (modulator receives estimated temporal envelope of higher-frequency subband signal and uses this to modulate the regenerated spectral components received from synthesis filterbank, [0088]; this is considered “time-variable amplification” as it is a time domain operation that reverses the spectral flattening in the encoder); and performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values (modulated subband signal and modulated higher-frequency subband signal are combined to form reconstructed signal, [0089]; since these outputs of synthesis filterbanks 283 and 280 are time domain signals, this is considered “sample-wise addition).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin such that the extracted high frequency band of the audio signal comprising a block of high pass time domain values; the extracted low frequency band of the audio signal comprising a block of low pass time domain values; apply the time-variable amplification to each time domain value of the block of high pass time domain values to obtain a block of modified high pass time domain values as the processed high frequency band; and performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values for reasons similar to those for claim 1.
Consider claim 33, Hedelin discloses a non-transitory digital storage medium having a computer program stored thereon to perform, when said computer program is run by a computer (non-transitory storage media containing a computer program that controls execution of a processor, [0063]), a method of post-processing an audio signal comprising a time-variable high frequency gain information representing side information of the audio signal (post-processor gain, [0025], that boosts high frequencies, by calculating a gain based on p-norm of the spectral magnitudes, i.e. side information [0027]), comprising:
extracting a high frequency band of the audio signal to obtain an extracted high frequency band and extracting a low frequency band of the audio signal to obtain an extracted low frequency band of the audio signal (QMF analysis 504 extracts 64 equally spaced frequency bands, [0029], Fig 5, which therefore include “high frequency” and “low frequency” bands);
performing a time-variable amplification of only the extracted high frequency band in accordance with the time-variable high frequency gain information representing the side information of the audio signal to acquire a processed high frequency band, wherein the performing the time-variable amplification comprises applying the time-variable amplification using the high frequency gain information representing the side information to obtain the processed high frequency band (the gain value is calculated using only those subbands in the range 1kHz to 6kHz, and applied to that same subset of subbands, i.e. only the extracted high frequency band, [0039], the analysis done for each window length, [0027-0038], hence “time-variable amplification”, the gain calculated based on p-norm of the spectral magnitudes, i.e. side information, [0027], [0039]).
Hedelin does not specifically mention the extracted high frequency band of the audio signal comprising a block of high pass time domain values; the extracted low frequency band of the audio signal comprising a block of low pass time domain values; apply the time-variable amplification to each time domain value of the block of high pass time domain values to obtain a block of modified high pass time domain values as the processed high frequency band; and performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values.
Truman discloses the extracted high frequency band of the audio signal comprising a block of high pass time domain values (temporal values of higher-frequency subband signal, [0086-0088]); the extracted low frequency band of the audio signal comprising a block of low pass time domain values (temporal values of baseband signal, [0086-0088]); apply the time-variable amplification to each time domain value of the block of high pass time domain values to obtain a block of modified high pass time domain values as the processed high frequency band (modulator receives estimated temporal envelope of higher-frequency subband signal and uses this to modulate the regenerated spectral components received from synthesis filterbank, [0088]; this is considered “time-variable amplification” as it is a time domain operation that reverses the spectral flattening in the encoder); and performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values (modulated subband signal and modulated higher-frequency subband signal are combined to form reconstructed signal, [0089]; since these outputs of synthesis filterbanks 283 and 280 are time domain signals, this is considered “sample-wise addition).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin such that the extracted high frequency band of the audio signal comprising a block of high pass time domain values; the extracted low frequency band of the audio signal comprising a block of low pass time domain values; apply the time-variable amplification to each time domain value of the block of high pass time domain values to obtain a block of modified high pass time domain values as the processed high frequency band; and performing a sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values for reasons similar to those for claim 1.
Consider claim 8, Hedelin discloses wherein the time-variable amplification for the block depends on a gain information of a previous block and a gain information of a current block, or a gain information of the current block and a gain information of the next block (calculation of a gain that preferentially boosts the contribution due to the high frequencies, [0027], [0039], using a non-energy based average of frequency domain samples, i.e. current and previous blocks, [0021]).
Hedelin does not specifically mention time-variable amplification for the time domain value.
Truman discloses time-variable amplification for the time domain value (modulator receives estimated temporal envelope of higher-frequency subband signal and uses this to modulate the regenerated spectral components received from synthesis filterbank, [0088]; this is considered “time-variable amplification” as it is a time domain operation that reverses the spectral flattening in the encoder).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin by including time-variable amplification for the time domain value for reasons similar to those for claim 1.
Consider claim 10, Hedelin discloses the high band processor is configured to apply the time-variable amplification to each block of a sequence of blocks of high pass values to obtain a sequence of amplified blocks of high pass values (using the signal above kHz to guide the noise shaping, calculating and applying the gain values to each segment, [0039-0042]).
Hedelin does not specifically mention applying to each time domain value of each block; high pass time domain values; wherein the combiner is configured to perform a sample-wise addition of corresponding blocks of the sequence of blocks of low pass time domain sampling values and the sequence of amplified blocks of high pass time domain sampling values to acquire a sequence of blocks of combination signal values.
Truman discloses applying to each time domain value of each block (blocks of subband signal samples, [0083]); high pass time domain values; wherein the combiner is configured to perform a sample-wise addition of corresponding blocks of the sequence of blocks of low pass time domain sampling values and the sequence of amplified blocks of high pass time domain sampling values to acquire a sequence of blocks of combination signal values (modulated subband signal and modulated higher-frequency subband signal are combined to form reconstructed signal, [0089]; since these outputs of synthesis filterbanks 283 and 280 are time domain signals, this is considered “sample-wise addition).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin by applying to each time domain value of each block; high pass time domain values; wherein the combiner is configured to perform a sample-wise addition of corresponding blocks of the sequence of blocks of low pass time domain sampling values and the sequence of amplified blocks of high pass time domain sampling values to acquire a sequence of blocks of combination signal values for reasons similar to those for claim 1.
Consider claim 14, Hedelin further the time-variable amplification for the block additionally depends on a windowing factor applied for a certain value as defined by an analysis window function or a synthesis window function (dividing the audio signal into a plurality of time segments using a defined window shape, then calculate and apply a wideband gain, [0021]).
Hedelin does not specifically mention time-variable amplification for the time domain value.
Truman discloses time-variable amplification for the time domain value (modulator receives estimated temporal envelope of higher-frequency subband signal and uses this to modulate the regenerated spectral components received from synthesis filterbank, [0088]; this is considered “time-variable amplification” as it is a time domain operation that reverses the spectral flattening in the encoder).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin by including time-variable amplification for the time domain value for reasons similar to those for claim 1.
Consider claim 15, Hedelin discloses the band extractor, the high band processor and the combiner are configured to process sequences of blocks derived from the audio signal as overlapping blocks, so that a later portion of an earlier block is derived from the same time domain values of the audio signal as an earlier portion of a later block being adjacent in time to the earlier block (the core audio frames are 4096 samples long with an overlap of 2048 with the neighboring frame, [0031]).
Consider claim 22, Hedelin discloses the high band processor is configured to additionally compensate for an attenuation of transient events introduced into the audio signal by a processing performed before a processing by the audio post-processor (calculating and applying the gain in a filter-bank with a short prototype filter in order to compensate for the effects caused by transients, [0026], [0027]).
Consider claim 27, Hedelin discloses the time variable high frequency gain information comprises a sequence of gain indices and a gain precision information, and wherein the audio post-processor comprises a decoder for decoding the gain indices depending on the gain precision information to acquire a decoded gain of a first number of different values for a first value of the gain precision information or a decoded gain of a second number of different values for a second value of the gain precision information, the second number being greater than the first number (applying a constant (single) gain value or a number of gain values depending on the companding function, [0042]-[0044]).
Consider claim 28, Hedelin discloses the side information additionally comprises a gain compensation information and a gain compensation precision information, wherein the audio post-processor comprises a decoder for decoding the gain compensation indices depending on the gain compensation precision information to acquire a first decoded gain compensation value of a first number of different values for a first compensation precision information or a second decoded gain compensation value of a second different number of values for a second different compensation precision information, the first number being greater than the second number (gains are calculated based on p-norm of the spectral magnitudes, i.e. side information, [0027], [0039], and applied with a constant gain value or a number of gain values depending on the companding function, which compensates for transients, i.e. gain compensation precision information, [0042]-[0044]).
Consider claim 31, Hedelin discloses being configured to only perform a postprocessing with a maximum number of channels or objects, for which side information for the time-variable amplification of the high frequency band is available and to not perform any postprocessing with a number of channels or objects for which any side information for the time-variable amplification of the high frequency band is not available, or wherein the band extractor is configured to not perform any band extraction or to not compute a Discrete Fourier Transform and inverse Discrete Fourier Transform pair for trivial gain factors for the time-variable amplification of the high frequency band, and to pass through an unchanged or windowed time domain signal associated with the trivial gain factors (switching the companding on or off according to the side information applies a constant (single) gain value or a number of gain values depending on the companding function, [0042]-[0044]).
Claims 2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hedelin et al. (US 20160019908) in view of Truman et al. (US 20150279379), in further view of Mukhtar et al. (US 20080300866).
Consider claim 2, Hedelin and Truman do not, but Mukhtar discloses the band extractor is configured to extract the low frequency band of the audio signal using a low pass filter device and to extract the high frequency band of the audio signal by subtracting the extracted low frequency band of the audio signal from the audio signal (isolating the high frequency region by subtracting from the wideband signal, [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman such that the band extractor is configured to extract the low frequency band of the audio signal using a low pass filter device and to extract the high frequency band of the audio signal by subtracting the extracted low frequency band of the audio signal from the audio signal in order to reduce bandwidth requirements, as suggested by Mukhtar ([0002]). Doing so would have led to predictable results of more efficient transmission, as suggested by Mukhtar ([0002]). The references cited are analogous art in the same field of audio coding.
Consider claim 7, Hedelin and Truman do not, but Mukhtar discloses performing a sample-wise subtraction of a sequence of blocks of low pass time domain values from a corresponding sequence of blocks derived from the audio signal to acquire a sequence of blocks of high pass time domain sampling values (the banded signal is subtracted from the WB speech to produce the second filtered signal, [0041], considered sample-wise subtraction since the signals are time-domain signals).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman by performing a sample-wise subtraction of a sequence of blocks of low pass time domain values from a corresponding sequence of blocks derived from the audio signal to acquire a sequence of blocks of high pass time domain sampling values for reasons similar to those for claim 2.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over by Hedelin et al. (2016/0019908) in view of Truman et al. (US 20150279379), in further view of Honma et al. (US 20070150267).
Consider claim 3, Hedelin and Truman do not, but Honma discloses the time-variable high frequency gain information representing the side information of the audio signal is provided for a sequence of blocks of sampling values of the audio signal so that a first block of time domain values has associated therewith a first gain information and a second later block of time domain values of the audio signal has a different second gain information , wherein the band extractor is configured to extract, from the first block of time domain values, the extracted low frequency band of the audio signal and the extracted high frequency band of the audio signal and to extract, from the second block of time domain values, a second low frequency band of the audio signal to obtain a second extracted low frequency band of the audio signal and to extract a second high frequency band of the audio signal to obtain a second extracted high frequency band of the audio signal (in the first group 33, low-frequency reference value information 42 is calculated from the low-frequency subband signal including four subbands and two subframes, [0072]), and
wherein the high band processor is configured to modify the extracted high frequency band of the audio signal using the first gain information to acquire the processed high frequency band and to modify the second extracted high frequency band of the audio signal using the second gain information to acquire a second processed high frequency band (high frequency gain offset information, [0076]), and
wherein the combiner is configured to combine the extracted low frequency band of the audio signal and the processed high frequency band to acquire a first combined block and to combine the second extracted low frequency band of the audio signal and the second processed high frequency band to acquire a second combined block (synthesizing filter bank combines the blocks, [0107-0108]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman such that the time-variable high frequency gain information representing the side information of the audio signal is provided for a sequence of blocks of time domain values of the audio signal so that a first block of time domain values has associated therewith a first gain information and a second later block of time domain values of the audio signal has a different second gain information , wherein the band extractor is configured to extract, from the first block of time domain values, the extracted low frequency band of the audio signal and the extracted high frequency band of the audio signal and to extract, from the second block of time domain values, a second low frequency band of the audio signal to obtain a second extracted low frequency band of the audio signal and to extract a second high frequency band of the audio signal to obtain a second extracted high frequency band of the audio signal, and wherein the high band processor is configured to modify the extracted high frequency band of the audio signal using the first gain information to acquire the processed high frequency band and to modify the second extracted high frequency band of the audio signal using the second gain information to acquire a second processed high frequency band, and wherein the combiner is configured to combine the extracted low frequency band of the audio signal and the processed high frequency band to acquire a first combined block and to combine the second extracted low frequency band of the audio signal and the second processed high frequency band to acquire a second combined block in order to achieve higher efficiency at a lower bitrate, as suggested by Honma ([0007]). Doing so would have led to predictable results of solving the problem of drastically deteriorated tone quality, as suggested by Honma ([0007]). The references cited are analogous art in the same field of audio coding.
Claims 4, 11, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hedelin et al. (US 20160019908) in view of Truman et al. (US 20150279379), in further view of Luo et al. (US 20090313029).
Consider claim 4, Hedelin does not specifically mention the sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values and time domain values.
Truman discloses the sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values and time domain values (modulated subband signal and modulated higher-frequency subband signal are combined to form reconstructed signal, [0089]; since these outputs of synthesis filterbanks 283 and 280 are time domain signals, this is considered “sample-wise addition).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin by including the sample-wise addition of the block of modified high pass time domain values and the block of low pass time domain values and time domain values for reasons similar to those for claim 1.
Hedelin and Truman do not specifically mention a band extractor and the high band processor and the combiner are configured to operate in overlapping blocks, and wherein the audio post-processor further comprises an overlap-adder configured for calculating time domain values of a post-processed portion by adding time domain values of a first combined block and time domain values of a second combined block in a block overlap range.
Luo discloses a band extractor and the high band processor and the combiner are configured to operate in overlapping blocks, and wherein the audio post-processor further comprises an overlap-adder configured for calculating time domain values of a post-processed portion by adding time domain values of a first combined block and time domain values of a second combined block in a block overlap range (overlap and add, [0006]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman such that the band extractor and the high band processor and the combiner are configured to operate in overlapping blocks, and wherein the audio post-processor further comprises an overlap-adder configured for calculating a post-processed portion by adding audio samples of a first block and audio samples of a second block in a block overlap range in order to achieve simpler and more efficient audio coding, as suggested by Luo ([0002]). Doing so would have led to predictable results of a good comprise among bit rate, quality, and complexity, as suggested by Luo ([0002]). The references cited are analogous art in the same field of audio coding.
Consider claim 11, Hedelin and Truman do not, but Luo discloses: an overlap-add processor for calculating a post-processed audio signal portion by adding audio time domain values of a first block of the sequence of combination signal values and time domain values of a second block in a block overlap range, the second block being adjacent to the first block (overlap and add, [0006]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman by including an overlap-add processor for calculating a post-processed audio signal portion by adding time domain values of a first block of the sequence of combination signal values and time domain values of a second block in a block overlap range, the second block being adjacent to the first block for reasons similar to those for claim 4.
Consider claim 16, Hedelin discloses an overlap range of the overlapping blocks is equal to one half of the earlier block and wherein the later block comprises the same length as the earlier block with respect to a number of time domain values block (the core audio frames are 4096 samples long with an overlap of 2048 with the neighboring frame, [0031]).
Hedelin does not specifically mention wherein the post processor additionally comprises an overlap adder for performing an overlap add operation.
Luo discloses a post processor additionally comprises an overlap adder for performing an overlap add operation (overlap and add, [0006]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin such that the post processor additionally comprises an overlap adder for performing an overlap add operation for reasons similar to those for claim 4.
Claim 5, 6, 12, 13, 17, 18, 20, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Hedelin et al. (US 20160019908) in view of Truman et al. (US 20150279379), in further view of Liljeryd et al. et al. (US 20040078194).
Consider claim 5, Hedelin discloses the band extractor comprises:
an analysis windower for generating a sequence of blocks of time domain values of the audio signal using an analysis window, wherein the blocks are time-overlapping (a frame is 4096 samples long with an overlap of 2048 with a neighboring frame, [0031]);
a discrete Fourier transform processor for generating a sequence of blocks of spectral values (alternatively to the QMF, a short term Fourier transform could be employed, [0031]);
Hedelin and Truman do not specifically mention:
a low pass shaper for shaping each block of spectral values to acquire a sequence of low pass shaped blocks of spectral values;
a discrete Fourier inverse transform processor for generating a sequence of blocks of low pass time domain; and
a synthesis windower for windowing the sequence of blocks of low pass time domain values using a synthesis window.
Liljerd discloses: a low pass shaper for shaping each block of spectral values to acquire a sequence of low pass shaped blocks of spectral values (low frequencies from filterbank are shaped by envelope adjuster, Fig 8, [0100]);
a discrete Fourier inverse transform processor for generating a sequence of blocks of low pass time domain values (inverse transform of N-point STFT, [0111]-[0114]); and
a synthesis windower for windowing the sequence of blocks of low pass time domain values using a synthesis window (the new output segment is windowed together with the previous output segment in the mix module, [0089]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman by including a low pass shaper for shaping each block of spectral values to acquire a sequence of low pass shaped blocks of spectral values; a discrete Fourier inverse transform processor for generating a sequence of blocks of low pass time domain values; and a synthesis windower for windowing the sequence of blocks of low pass time domain values using a synthesis window in order to achieve high perceptual audio quality with bitrate reduction, as suggested by Liljeryd ([0001]), predictably improving transmission of speech, music, etc. (Liljeryd, [0002]). The cited references are analogous art in the same field of audio coding.
Consider claim 6, Hedelin discloses an analysis windower is configured for windowing the audio signal using the analysis window (dividing the audio signal into time segements using a suitable window shape, [0042], Fig. 3B, using the STFT windowed values, [0031]) and to acquire a sequence of windowed blocks of audio signal values (time segments, [0042]), wherein the analysis windower is synchronized so that the sequence of sampling values is synchronous with the sequence of windowed blocks of audio signal values (the filterbanks being time synchronized, [0030]).
Hedelin and Truman do not specifically mention the synthesis windower is configured for windowing with the synthesis window and sequence of blocks of low pass time domain values.
Liljerd discloses: synthesis windower is configured for windowing with the synthesis window (the new output segment is windowed together with the previous output segment in the mix module, [0089]); and a sequence of low pass shaped blocks of spectral values (low frequencies from filterbank are shaped by envelope adjuster, Fig 8, [0100]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman such that synthesis windower is configured for windowing with the synthesis window using the analysis window of Hedelin and the synthesis window of Liljeryd, and by synchronizing the sequence of blocks of low pass time domain sampling values of Liljeryd for similar reasons to those for claim 5.
Consider claim 12, Hedelin and Truman do not, but Liljeryd discloses the low pass shaper is configured to apply a shaping function depending on the time-variable high frequency gain information for a corresponding block (low frequencies from filterbank are shaped by envelope adjuster, and the gain of each channel is the envelope adjusters is set so that the sum after output yields the desired spectral envelope, Fig 8, [0100], for the desired high frequency gains, [0115]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hede Hedelin and Truman lin such that the low pass shaper is configured to apply a shaping function depending on the time-variable high frequency gain information for a corresponding block for reasons similar to those for claim 5.
Consider claim 13, Hedelin discloses a shaping function used in an audio pre-processor for modifying or attenuating a high frequency band of the audio signal (window shape for shaping noise, [0026], [0028]); modifying or attenuating a high frequency band of the audio signal using the time-variable high frequency gain information for a corresponding block (applying a time-variable gain value to the high frequencies, [0039], [0027]-[0039]).
Hedelin and Truman do not specifically mention the shaping function additionally depends on a shaping function for a corresponding block.
Liljeryd discloses the shaping function additionally depends on a shaping function for a corresponding block (low frequencies from filterbank are shaped by envelope adjuster, and the gain of each channel is the envelope adjusters is set depending on the desired spectral envelope, Fig 8, [0100], for the desired high frequency gains, [0115]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman such that the shaping function additionally depends on a shaping function for a corresponding block for reasons similar to those for claim 5.
Consider claim 17, Hedelin and Truman do not, but Liljeryd discloses a band extractor is configured to apply a slope of a splitting filter between a stop range and a pass range of the splitting filter to a block of time domain values, wherein the slope depends on the time-variable high frequency gain information for the block of time domain values (the filter applying slopes between a frequency splits between 0, fmax, and Qfmax, [0079], see the pass ranges in Fig. 2, the level and slope of an upper portion of the lowband spectrum are estimated, and the estimates are used to define the level and slope of one or several segments representing the new high band envelope, [0159], the gains adjusted according to the spectral envelopes, [0100]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman such that a band extractor is configured to apply a slope of a splitting filter between a stop range and a pass range of the splitting filter to a block of time domain values, wherein the slope depends on the time-variable high frequency gain information for the block of time domain values for reasons similar to those for claim 5.
Consider claim 18, Hedelin and Truman do not, but Liljeryd discloses the high frequency gain information comprises gain values, wherein the slope of the splitting filter is increased stronger for a higher gain value compared to an increase of the slope for a lower gain value (gains adjusted according to the spectral envelopes, [0100], the slopes adjusted according to the gain values such that the slope of the splitting filter is increased stronger for a higher gain value compared to an increase of the slope for a lower gain value, [0079], [0100], [0159], Fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman such that the high frequency gain information comprises gain values, wherein the slope of the splitting filter is increased stronger for a higher gain value compared to an increase of the slope for a lower gain value for reasons similar to those for claim 5.
Consider claim 20, Hedelin and Truman do not, but Liljeryd discloses the high frequency gain information comprises gain values for adjacent blocks (values for the four upper frequency subband signals, [0125]), wherein the high band processor is configured to calculate a correction factor for each time domain value depending on the gain values for the adjacent blocks and depending on window factors for corresponding time domain values (envelope and correction factor for the spectral inverted subband, [0125], the gains adjusted, [0133]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman such that the high frequency gain information comprises gain values for adjacent blocks, wherein the high band processor is configured to calculate a correction factor for each time domain value depending on the gain values for the adjacent blocks and depending on window factors for corresponding time domain values for reasons similar to those for claim 5.
Consider claim 30, Hedelin discloses the band extractor is configured to perform a block wise discrete Fourier transform with a block length of N time domain values (STFT is performed on a N sample window, [0028]).
Hedelin and Truman do not specifically mention acquire a number of spectral values being lower than a number of N/2 complex spectral values by performing a sparse discrete Fourier transform algorithm in which calculations of branches for spectral values above a maximum frequency are skipped, and wherein the band extractor is configured to calculate the low frequency band signal by using the spectral values up to a transition start frequency range and by weighting spectral values within the transition start frequency range, wherein the transition start frequency range only extends until the maximum frequency or a frequency being smaller than the maximum frequency.
Liljeryd discloses acquiring a number of spectral values being lower than a number of N/2 complex spectral values by performing a sparse discrete Fourier transform algorithm in which calculations of branches for spectral values above a maximum frequency are skipped, and wherein the band extractor is configured to calculate the low frequency band signal by using the spectral values up to a transition start frequency range and by weighting spectral values within the transition start frequency range, wherein the transition start frequency range only extends until the maximum frequency or a frequency being smaller than the maximum frequency (analyzer channels 8-16 are empty, i.e. skipping the spectral values above a certain frequency, a highest frequency significantly lower than the Nyquist frequency, [0109]-[0121]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman by acquiring a number of spectral values being lower than a number of N/2 complex spectral values by performing a sparse discrete Fourier transform algorithm in which calculations of branches for spectral values above a maximum frequency are skipped, and wherein the band extractor is configured to calculate the low frequency band signal by using the spectral values up to a transition start frequency range and by weighting spectral values within the transition start frequency range, wherein the transition start frequency range only extends until the maximum frequency or a frequency being smaller than the maximum frequency for reasons similar to those for claim 5.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Hedelin et al. (US 20160019908) in view of Truman et al. (US 20150279379), in further view of Princen et al. (“Subband/Transform Coding Using Filter Bank Designs Based on Time Domain Aliasing Cancellation”. ICASSP ‘87).
Consider claim 26, Hedelin and Truman do not, but Princen discloses an overlap-adder configured to operate based on the following equation:
o[k x N/2 + j] = ob[k – 1] [j + N/2] + ob[k][j], for 0 ≤ j < N/2
o[(k + 1) x N/2 + j] = ob[k] [j + N/2] + ob[k + 1][j], for 0 ≤ j < N/2
wherein o[] is a value of a time domain value of a post-processed audio output signal for a time domain value index derived from a block with a block index k and a block with a block index j, wherein N is a length in time domain values of a block, j is a time domain value index within a block and ob[] indicates a combined block for the earlier block index k−1, the current block index k or a later block index k+1 (multiplying the outputs of the transform by the synthesis window and overlapping and adding the result to the previous signal segment, page 2162, Fig 1, page 2164, considered, as those skilled in audio DSP would have understood, mathematically equivalent for adjacent blocks).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman by including an overlap-adder configured to operate based on the following equation:
o[k x N/2 + j] = ob[k – 1] [j + N/2] + ob[k][j], for 0 ≤ j < N/2
o[(k + 1) x N/2 + j] = ob[k] [j + N/2] + ob[k + 1][j], for 0 ≤ j < N/2
wherein o[] is a value of a sample of a post-processed audio output signal for a time domain value index derived from a block with a block index k and a block with a block index j, wherein N is a length in time domain values of a block, j is a sampling index within a block and ob[] indicates a combined block for the earlier block index k−1, the current block index k or a later block index k+1, in order to achieve perfect reconstruction, as suggested by Princen (Section 1, page 2162) with predictable applications in speech coding, as suggested by Princen (Section 1, page 2162). The references cited are analogous art in the same field of audio processing.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Hedelin et al. (2016/0019908) in view of Truman et al. (US 20150279379), in further view of ISO/IEC 14496-3 (Information technology – Coding of audio-visual objects – Part 3: Audio. Fourth Edition, 2009-09-01).
Consider claim 29, Hedelin and Truman do not, but ISO/IEC 14496-3 discloses the decoder is configured to calculate a gain factor for a block corresponding to:
g[k]=2(gainIdx[k][sig]-GAIN_INDEX_0dB ) / 4
wherein g[k] is the gain factor for the block with a block index k, wherein gainIdx[k][sig] is a quantized value comprised in the side information as the time-variable high frequency gain information, and wherein GAIN_INDEX_0 dB is a gain index offset corresponding to 0 dB, wherein GAIN_INDEX_0 dB has a first gain index offset value when the gain precision information has the first value of the gain precision information, and wherein GAIN_INDEX_0 dB has a second gain index offset value when the gain precision information has the second value of the gain precision information, wherein the second gain index offset value is different from the first gain index offset value (Section 4.6.2.3.3: Applying scalefactors, see equation for gain).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Hedelin and Truman such that the decoder is configured to calculate a gain factor for a block corresponding to:
g[k]=2(gainIdx[k][sig]-GAIN_INDEX_0dB ) / 4
wherein g[k] is the gain factor for the block with a block index k, wherein gainIdx[k][sig] is a quantized value comprised in the side information as the time-variable high frequency gain information, and wherein GAIN_INDEX_0 dB is a gain index offset corresponding to 0 dB, wherein GAIN_INDEX_0 dB has a first gain index offset value when the gain precision information has the first value of the gain precision information, and wherein GAIN_INDEX_0 dB has a second gain index offset value when the gain precision information has the second value of the gain precision information, wherein the second gain index offset value is different from the first gain index offset value in order to utilize already developed functions such as get_scale_factor_gain(sf[g][sfb]), as suggested by ISO/IEC 14496-3, predictably speeding up development time and reducing need to metaphorically “reinvent the wheel” as pertains to digital audio processing.
Allowable Subject Matter
Claims 19, 21, 24, and 25 would be allowable if rewritten in independent form including all limitations of the base and any intervening claims, as well as amended to overcome the 35 U.S.C. 101 rejections.
The following is the examiner’s statement of reasons for indicating subject matter as allowable over the prior art of record:
Consider claim 19, the prior art does not fairly teach or suggest: the slope of the splitting filter is defined based on the following equation:
PNG
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72
454
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wherein rs[f] is the slope of the splitting filter, wherein ps[f] is a slope of splitting filter used when generating the audio signal, wherein g[k] is a gain factor derived from the time-variable high frequency gain information, wherein f is a frequency index and wherein k is a block index.
Consider claim 21, the prior art does not fairly teach or suggest the high band processor is configured to operate based on the following equations:
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media_image2.png
122
570
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wherein corr[j] is a correction factor for a sample with an index j, wherein g[k−1] is a gain factor for a preceding block, wherein g[k] is a gain factor a current block, wherein w[j] is a window function factor for a time domain value with a time domain value index j, wherein N is the length in time domain values of a block and wherein g[k+1] is the gain factor for the later block, wherein k is the block index and wherein the upper equation from the above equations is for a first half of an output block k, and wherein the lower equation of the above equations is for a second half of the output block k.
Claims 24 and 25 contain allowable subject matter because they depend on and further limit the allowable subject matter of claim 21.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/Jesse S Pullias/
Primary Examiner, Art Unit 2655 06/22/26
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