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 application 18650215, which was filed 04/30/24, and is a CON of 16892648, currently pending, which was a CON of 16688938, now US Patent 11094331, which was a CON of 15884190, now US Patent 10720170. Claims 1-33 are pending in the application and have been considered.
Foreign Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file of parent application 15884190.
Claim Objections
In claim 6, line 4, should “the windower” be “the synthesis windower”? (The examiner assumes Applicant means to reference “the synthesis windower” in intervening claim 5).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 19 is rejected under 35 U.S.C. 112(bas being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 19 recites the limitation "the splitting filter" in line 2. There is insufficient antecedent basis for this limitation in the claim. In order to expedite prosecution, the examiner will assume Applicant intended this claim to be dependent on claim 17, which provides proper antecedent basis for “the splitting filter” rather than claim 16, which does not.
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 and for extracting a low frequency band of the audio signal to obtain an extracted low frequency band of the audio signal;
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 only modify the extracted high frequency band of the audio signal using the high frequency gain information representing the side information to obtain the time-variable amplification of the extracted high frequency band of the audio signal; and
a combiner configured for combining the processed high frequency band and the extracted low frequency band of the audio signal.
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 and for extracting a low frequency band of the audio signal to obtain an extracted low frequency band of the audio signal;
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 only modify the extracted high frequency band of the audio signal using the high frequency gain information representing the side information to obtain the time-variable amplification of the extracted high frequency band of the audio signal; and
a combiner configured for combining the processed high frequency band and the extracted low frequency band of the audio signal 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 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.
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 sampling values of the audio signal so that a first block of sampling values has associated therewith a first gain information and a second later block of sampling values of the audio signal has a different second gain information, wherein the band extractor is configured to extract, from the first block of sampling values, the extracted low frequency band of the audio signal and the extracted high 53523.35US04 frequency band of the audio signal and to extract, from the second block of sampling 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, 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 sampling values of the audio signal so that a first block of sampling values has associated therewith a first gain information and a second later block of sampling values of the audio signal has a different second gain information, wherein the band extractor is configured to extract, from the first block of sampling values, a-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 sampling 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.
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 a post-processed portion by adding audio samples of a first block and audio samples of a second 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 a post-processed portion by adding audio samples of a first block and audio samples of a second 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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-31 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 1 is directed to an “audio post-processor” comprising “a band extractor”, “a high band processor”, and “a combiner”. According to Applicant’s specification at page 39, lines 12-13, “embodiments of the invention can be implemented in hardware or in software”. Given the broadest reasonable interpretation of “audio post-processor”, “a band extractor”, “a high band processor”, and “a combiner” in light of the specification, these components encompass software only implementations. The claim as a whole therefore encompasses software per se embodiments which include no hardware. In particular the “post-processor” and “high band processor” are interpreted as encompassing software which “processes” and post “processes audio and high band frequencies, and not necessarily hardware processors. Because the broadest reasonable interpretation of the claim as a whole includes software per se embodiments, which do not fall into one of the four categories of eligible subject matter under 35 U.S.C. 101, the claim is rejected as being directed to non-statutory subject matter.
Dependent claims 2-31 do not introduce any components which encompass hardware only embodiments, and therefore are directed to software per se for the same reasons as parent claim 1. These claims do not fall into one of the four categories of eligible subject matter under 35 U.S.C. 101, and are rejected as being directed to non-statutory subject matter for the same reasons as claim 1.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 9, 15, 22, 23, 27, 28, and 31-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hedelin et al. (US 20160019908)
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, wherein the high band processor is configured to only modify the extracted high frequency band of the audio signal using the high frequency gain information representing the side information to obtain the time-variable amplification of the extracted high frequency band of the audio signal (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]); and
a combiner (implemented on logic with processors, [0063]) configured for combining the processed high frequency band and the extracted low frequency band of the audio signal (QMF synthesis 510 creates an output audio signal from the 64 frequency bands, Fig 5., [0053]).
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 of the audio signal 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 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 performing the time-variable amplification comprises only modifying the high frequency band of the extracted audio signal using the high frequency gain information representing the side information to obtain the time-variable amplification of the extracted high frequency band of the audio signal (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]); and
combining the processed high frequency band and the extracted low frequency band of the audio signal (QMF synthesis 510 creates an output audio signal from the 64 frequency bands, Fig 5., [0053]).
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 of the audio signal 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 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 performing the time-variable amplification comprises only modifying the high frequency band of the extracted audio signal using the high frequency gain information representing the side information to obtain the time-variable amplification of the extracted high frequency band of the audio signal (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]); and
combining the processed high frequency band and the extracted low frequency band of the audio signal (QMF synthesis 510 creates an output audio signal from the 64 frequency bands, Fig 5., [0053]).
Consider claim 9, Hedelin discloses the audio signal comprises an additional control parameter as a further side information, wherein the high band processor is configured to apply the modification also under consideration of the additional control parameter (companding control parameter determines whether to apply the post-processing steps, [0043-0044]), wherein a time resolution of the additional control parameter is lower than a time resolution of the time-varying high frequency gain information (noting the claim language only requires this limitation in the alternative) or the additional control parameter is stationary for a specific audio piece (the companding is switched off, i.e. the control parameter is stationary, for stationary, non-transient signals, [0043-0044], considered “a specific audio piece”).
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 audio samples 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 23, Hedelin discloses the high band processor is configured to operate based on the following equation: gc[k]=(1+beta_factor)×g[k]-beta_factor wherein gc[k] is a compensated gain for a block with a block index k, wherein g[k] is a non-compensated gain as indicated by the time-variable high frequency gain information comprised as the side information and wherein beta_factor is an additional control parameter value comprised within the side information (when the side information indicates that companding is turned off, i.e. beta_factor is zero, the gain factor is 1.0, [0044], [0027], [0039]).
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]).
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 2, 7, 8, 10, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Hedelin et al. (US 20160019908) in view of Mukhtar et al. (US 20080300866).
Consider claim 2, Hedelin does 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 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 does 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 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.
Consider claim 8, Hedelin discloses the high band processor is configured to apply the time-variable amplification to each sample of each block of a sequence of blocks of high pass time domain sampling values, wherein the time-variable amplification for a sample of a 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 each sample of each block of a sequence of blocks of high pass time domain sampling values.
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, each time domain sample, [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 by applying the gain to each sample of each block of a sequence of blocks of high pass time domain sampling values in Muhktar for reasons similar to those for claim 2.
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 sample of each block; high pass time domain sampling 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.
Mukhtar discloses applying to each sample of each block (features extracted for each speech frame of a 16kHz sample signal, [0023], [0031]); high pass time domain sampling values (the time domain signal produced when banded signal is subtracted from the WB speech to produce the second filtered signal, giving each time domain sample, [0041]); 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 (combiner adds narrowband vocoded signal with the compensated second filtered signal to produce a wideband vocoded signal, [0035], Fig. 7).
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 the gain of Hedelin to each sample of each block as in Muhktar; yielding high pass time domain sampling values; and such that 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 2.
Consider claim 14, Hedelin and Muhktar discloses the storage medium of claim 13, and Hedelin further discloses the time-variable amplification for the sample of the block additionally depends on a windowing factor applied for a certain sample 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]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over by Hedelin et al. (2016/0019908) in view of Honma et al. (US 20070150267).
Consider claim 3, Hedelin does 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 sampling values has associated therewith a first gain information and a second later block of sampling values of the audio signal has a different second gain information , wherein the band extractor is configured to extract, from the first block of sampling 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 sampling 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 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 sampling values of the audio signal so that a first block of sampling values has associated therewith a first gain information and a second later block of sampling values of the audio signal has a different second gain information , wherein the band extractor is configured to extract, from the first block of sampling 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 sampling 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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hedelin et al. (US 20160019908) in view of Luo et al. (US 20090313029).
Consider claim 4, Hedelin does 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 a post-processed portion by adding audio samples of a first block and audio samples of a second 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 a post-processed portion by adding audio samples of a first block and audio samples of a second 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 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.
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 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 sampling 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 does 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 sampling values; and
a synthesis windower for windowing the sequence of blocks of low pass time domain sampling 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 sampling values (inverse transform of N-point STFT, [0111]-[0114]); and
a synthesis windower for windowing the sequence of blocks of low pass time domain sampling 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 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 sampling values; and a synthesis windower for windowing the sequence of blocks of low pass time domain sampling 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 the band extractor further comprises: an audio signal windower 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 audio signal windower is synchronized with the windower 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 does not specifically mention the synthesis window and sequence of blocks of low pass time domain sampling values.
Liljerd discloses: a 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 such that an audio signal windower for windowing the audio signal 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 does 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 Hedelin 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 does 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 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 does 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 audio samples, wherein the slope depends on the time-variable high frequency gain information for the block of samples (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 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 audio samples, wherein the slope depends on the time-variable high frequency gain information for the block of samples for reasons similar to those for claim 5.
Consider claim 18, Hedelin does 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 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 does 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 sample depending on the gain values for the adjacent blocks and depending on window factors for corresponding samples (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 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 sample depending on the gain values for the adjacent blocks and depending on window factors for corresponding samples 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 sampling values (STFT is performed on a N sample window, [0028]).
Hedelin does 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 high