Prosecution Insights
Last updated: July 17, 2026
Application No. 18/810,318

AUDIO ENCODER, AUDIO DECODER, METHOD FOR ENCODING AN AUDIO INFORMATION, METHOD FOR DECODING AN AUDIO INFORMATION AND COMPUTER PROGRAM USING A DETECTION OF A GROUP OF PREVIOUSLY-DECODED SPECTRAL VALUES

Non-Final OA §112
Filed
Aug 20, 2024
Priority
Oct 20, 2009 — provisional 61/253,459 +5 more
Examiner
OGUNBIYI, OLUWADAMILOL M
Art Unit
Tech Center
Assignee
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V.
OA Round
1 (Non-Final)
77%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
240 granted / 311 resolved
+17.2% vs TC avg
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
22 currently pending
Career history
342
Total Applications
across all art units

Statute-Specific Performance

§101
9.7%
-30.3% vs TC avg
§103
77.0%
+37.0% vs TC avg
§102
2.3%
-37.7% vs TC avg
§112
8.3%
-31.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 311 resolved cases

Office Action

§112
DETAILED ACTION Claim 1 is pending. Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Information Disclosure Statement The information disclosure statements (IDS) submitted on 20 August 2024, 14 February 2025 and 03 March 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the Examiner. 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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Instant claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/810,370 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding audio information by providing a plurality of decoded spectral values, providing a time-domain audio representation, providing the plurality of decoded spectral values comprising the selecting of a mapping rule, the current context state being determined in dependence on a plurality of previously decoded spectral values, having a group of a plurality of previously-decoded adjacent spectral values that fulfil a predetermined condition, having previously-decoded spectral values of a first time-frequency region get evaluated to detect a group of a plurality of spectral values, and in a situation that the predetermined condition is not fulfilled, a numeric value representing the context state gets acquired dependent on previously-decoded spectral values of a second time-frequency region different from the first time-frequency region. The instant claim is directed to a decoder system while claim 2 of the reference application 18/810,370 is directed to a computer-readable medium. It would have been obvious to one of ordinary skill in the art to modify the teaching of the reference claim to get the instant claim, by simply applying the instructions stored in the computer-readable medium, to be performed by a system, with the predictable result of having a system that actually performs the desired processing of the computer instructions on audio information. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Instant claim U.S. Application 18/810,370 Claim 1 Claim 2 An audio decoder for providing a decoded audio information on the basis of an encoded audio information, the audio decoder comprising: an arithmetic decoder for providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values A non-transitory computer readable medium comprising a computer program for performing the method for providing a decoded audio information on the basis of an encoded audio information, the method comprising: providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values; and a frequency-domain-to-time-domain converter for providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information; wherein the arithmetic decoder is configured to select a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state wherein providing the plurality of decoded spectral values comprises selecting a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state; wherein the arithmetic decoder is configured to determine the current context state in dependence on a plurality of previously-decoded spectral values, wherein the current context state is determined in dependence on a plurality of previously decoded spectral values, wherein the arithmetic decoder is configured to detect a group of a plurality of previously-decoded adjacent spectral values which, individually or taken together, fulfil a predetermined condition regarding their magnitudes in that they comprise, individually or taken together, a magnitude which is smaller than a predetermined threshold magnitude, and to determine or modify the current context state in dependence on a result of the detection; wherein a group of a plurality of previously-decoded adjacent spectral values, which, individually or taken together, fulfil a predetermined condition regarding their magnitudes in that they comprise, individually or taken together, a magnitude which is smaller than a predetermined threshold magnitude, is detected, and wherein the current context state is determined or modified in dependence on a result of the detection, wherein the arithmetic decoder is configured to evaluate previously-decoded spectral values of a first time-frequency region, to detect a group of a plurality of spectral values which fulfill, individually or taken together, the predetermined condition regarding their magnitudes, and wherein previously-decoded spectral values of a first time-frequency region are evaluated, to detect a group of a plurality of spectral values which fulfill, individually or taken together, the predetermined condition regarding their magnitudes, and wherein the arithmetic decoder is configured to acquire a numeric value representing the context state if the predetermined condition is not fulfilled, in dependence on previously-decoded spectral values of a second time-frequency region which is different from the first time-frequency region, wherein, if the predetermined condition is not fulfilled, a numeric value representing the context state is acquired in dependence on previously-decoded spectral values of a second time-frequency region which is different from the first time-frequency region, wherein the audio decoder is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer when the program runs on a computer. Instant claim 1 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 10 of U.S. Patent No. 8,706,510 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding audio information by providing a plurality of decoded spectral values, providing a time-domain audio representation, providing the plurality of decoded spectral values comprising the selecting of a mapping rule, the current context state being determined in dependence on a plurality of previously decoded spectral values, having a group of a plurality of previously-decoded adjacent spectral values that fulfil a predetermined condition, having previously-decoded spectral values of a first time-frequency region get evaluated to detect a group of a plurality of spectral values, and in a situation that the predetermined condition is not fulfilled, a numeric value representing the context state gets acquired dependent on previously-decoded spectral values of a second time-frequency region different from the first time-frequency region. Instant claim U.S. 8,706,510 B2 Claim 1 Claims 1 & 10 An audio decoder for providing a decoded audio information on the basis of an encoded audio information, the audio decoder comprising: an arithmetic decoder for providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values An audio decoder for providing a decoded audio information on the basis of an encoded audio information, the audio decoder comprising: an arithmetic decoder for providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values; (Claim 1) a frequency-domain-to-time-domain converter for providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information a frequency-domain-to-time-domain converter for providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information; (Claim 1) wherein the arithmetic decoder is configured to select a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state wherein the arithmetic decoder is configured to select a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state wherein the arithmetic decoder is configured to determine the current context state in dependence on a plurality of previously-decoded spectral values, wherein the arithmetic decoder is configured to determine a current context state in dependence on a plurality of previously-decoded spectral values (Claim 1) wherein the arithmetic decoder is configured to detect a group of a plurality of previously-decoded adjacent spectral values which, individually or taken together, fulfil a predetermined condition regarding their magnitudes in that they comprise, individually or taken together, a magnitude which is smaller than a predetermined threshold magnitude, and to determine or modify the current context state in dependence on a result of the detection; wherein the arithmetic decoder is configured to detect a group of a plurality of previously-decoded spectral values, which fulfill, individually or taken together, a predetermined condition regarding their magnitudes, and to determine or modify the current context state in dependence on a result of the detection; wherein the arithmetic decoder is configured to detect a group of a plurality of previously-decoded adjacent spectral values, which comprise a sum value which is smaller than a predetermined threshold value, and to determine or modify the current state in dependence on a result of the detection (Claim 1); wherein the arithmetic decoder is configured to evaluate previously-decoded spectral values of a first time-frequency region, to detect a group of a plurality of spectral values which fulfill, individually or taken together, the predetermined condition regarding their magnitudes, and The audio decoder according to claim 1, wherein the arithmetic decoder is configured to evaluate previously-decoded spectral values of a first time-frequency region, to detect a group of a plurality of spectral values which fulfill, individually or taken together, the predetermined condition regarding their magnitudes (Claim 10) wherein the arithmetic decoder is configured to acquire a numeric value representing the context state if the predetermined condition is not fulfilled, in dependence on previously-decoded spectral values of a second time-frequency region which is different from the first time-frequency region, wherein the arithmetic decoder is configured to acquire a numeric value representing the context state if the predetermined condition is not fulfilled, in dependence on previously-decoded spectral values of a second time-frequency region which is different from the first time-frequency region. (Claim 10) wherein the audio decoder is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer. wherein the audio decoder is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer (Claim 1). Instant claim 1 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 1 of U.S. Patent No. 9,978,380 B2 in view of Liu (US 2008/0008395 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding audio information by providing a plurality of decoded spectral values, providing a time-domain audio representation, providing the plurality of decoded spectral values comprising the selecting of a mapping rule, the current context state being determined in dependence on a plurality of previously decoded spectral values, having a group of a plurality of previously-decoded adjacent spectral values that fulfil a predetermined condition, having previously-decoded spectral values of a first time-frequency region get evaluated to detect a group of a plurality of spectral values, and in a situation that the predetermined condition is not fulfilled, a numeric value representing the context state gets acquired dependent on previously-decoded spectral values of a second time-frequency region different from the first time-frequency region. Further, the instant claim provides teaching for an arithmetic decoding scheme having previously predicted spectral values having a magnitude smaller than a predetermined value. This is however taught by the reference of Liu (US 2008/0008395 A1), seen through an arithmetic coder which determines coefficients of a frequency group that are less than a threshold magnitude [0035]. It would have been obvious to one of ordinary skill in the art to incorporate this reference, which would be performing a reverse process of the indicated encoding, based on the predictable result of this technique being suitable to produce to lossless encoding of digital signal, resulting in a suitable decoding as well. Instant claim U.S. 9,978,380 B2 Claim 1 Claim 1 An audio decoder for providing a decoded audio information on the basis of an encoded audio information, the audio decoder comprising: an arithmetic decoder for providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values An audio decoder for providing a decoded audio information on the basis of an encoded audio information, the audio decoder comprising: an arithmetic decoder for providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values a frequency-domain-to-time-domain converter for providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information a frequency-domain-to-time-domain converter for providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information; wherein the arithmetic decoder is configured to select a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state wherein the arithmetic decoder is configured to select a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state wherein the arithmetic decoder is configured to determine the current context state in dependence on a plurality of previously-decoded spectral values, wherein the arithmetic decoder is configured to determine the current context state in dependence on a plurality of previously-decoded spectral values wherein the arithmetic decoder is configured to detect a group of a plurality of previously-decoded adjacent spectral values which, individually or taken together, fulfil a predetermined condition regarding their magnitudes [[in that they comprise, individually or taken together, a magnitude which is smaller than a predetermined threshold magnitude]], and to determine or modify the current context state in dependence on a result of the detection; wherein the arithmetic decoder is configured to detect a group of a plurality of previously-decoded spectral values, which fulfill, individually or taken together, a predetermined condition regarding their magnitudes, and to determine or modify the current context state in dependence on a result of the detection wherein the arithmetic decoder is configured to evaluate previously-decoded spectral values of a first time-frequency region, to detect a group of a plurality of spectral values which fulfill, individually or taken together, the predetermined condition regarding their magnitudes, and wherein the arithmetic decoder is configured to evaluate previously-decoded spectral values of a first time-frequency region, to detect a group of a plurality of spectral values which fulfill, individually or taken together, the predetermined condition regarding their magnitudes; and wherein the arithmetic decoder is configured to acquire a numeric value representing the context state if the predetermined condition is not fulfilled, in dependence on previously-decoded spectral values of a second time-frequency region which is different from the first time-frequency region, wherein the arithmetic decoder is configured to acquire a numeric value representing the context state if the predetermined condition is not fulfilled, in dependence on previously-decoded spectral values of a second time-frequency region which is different from the first time-frequency region wherein the audio decoder is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer wherein the audio decoder is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer. Instant claim 1 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 11 of U.S. Patent No. 12,080,300 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding audio information by providing a plurality of decoded spectral values, providing a time-domain audio representation, providing the plurality of decoded spectral values comprising the selecting of a mapping rule, the current context state being determined in dependence on a plurality of previously decoded spectral values, having a group of a plurality of previously-decoded adjacent spectral values that fulfil a predetermined condition, having previously-decoded spectral values of a first time-frequency region get evaluated to detect a group of a plurality of spectral values, and in a situation that the predetermined condition is not fulfilled, a numeric value representing the context state gets acquired dependent on previously-decoded spectral values of a second time-frequency region different from the first time-frequency region. One difference between both is that the instant claim requires, in its fifth limitation, a consideration of the adjacent spectral values either individually or taken together, which that of U.S. 8,706,510 B2 requires the adjacent spectral coefficients to be taken together. The U.S. 8,706,510 B2 reference in this way anticipates the instant claim. Instant claim U.S. 12,080,300 B2 Claim 1 Claims 1 & 11 An audio decoder for providing a decoded audio information on the basis of an encoded audio information, the audio decoder comprising: an arithmetic decoder for providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values An audio decoder for providing a decoded audio information on the basis of an encoded audio information, the audio decoder comprising: an arithmetic decoder for providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values; (Claim 1) a frequency-domain-to-time-domain converter for providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information a frequency-domain-to-time-domain converter for providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information; (Claim 1) wherein the arithmetic decoder is configured to select a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state wherein the arithmetic decoder is configured to select a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state; (Claim 1) wherein the arithmetic decoder is configured to determine the current context state in dependence on a plurality of previously-decoded spectral values, wherein the arithmetic decoder is configured to determine the current context state in dependence on a plurality of previously-decoded spectral values (Claim 1) wherein the arithmetic decoder is configured to detect a group of a plurality of previously-decoded adjacent spectral values which, individually or taken together, fulfil a predetermined condition regarding their magnitudes in that they comprise, individually or taken together, a magnitude which is smaller than a predetermined threshold magnitude, and to determine or modify the current context state in dependence on a result of the detection; wherein the arithmetic decoder is configured to detect a group of a plurality of previously-decoded adjacent spectral values which, taken together, comprise a magnitude which is smaller than a predetermined threshold magnitude, and to modify the current context state in dependence on a result of the detection (Claim 1) wherein the arithmetic decoder is configured to evaluate previously-decoded spectral values of a first time-frequency region, to detect a group of a plurality of spectral values which fulfill, individually or taken together, the predetermined condition regarding their magnitudes, and The audio decoder according to claim 1, wherein the arithmetic decoder is configured to evaluate previously-decoded spectral values of a first time-frequency region, to detect a group of a plurality of spectral values which fulfill, individually or taken together, the predetermined condition regarding their magnitudes, and (Claim 11) wherein the arithmetic decoder is configured to acquire a numeric value representing the context state if the predetermined condition is not fulfilled, in dependence on previously-decoded spectral values of a second time-frequency region which is different from the first time-frequency region, wherein the arithmetic decoder is configured to acquire a numeric value representing the context state if the predetermined condition is not fulfilled, in dependence on previously-decoded spectral values of a second time-frequency region which is different from the first time-frequency region. (Claim 11) wherein the audio decoder is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer wherein the audio decoder is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer (Claim 1). Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use generic placeholders that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: ‘an arithmetic decoder for providing a plurality of decoded spectral values …’ in claim 1; and ‘a frequency-domain-to-time-domain converter for providing a time-domain audio representation …’ in claim 1. Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover a microprocessor or a programmable computer from page 60 lines 20 – 27 as the corresponding structure described in the Specification as performing the claimed function, and equivalents thereof. If Applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, Applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Allowable Subject Matter Claim 1 would be allowable if rewritten or amended to overcome the double patenting rejection, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: With regard to independent claim 1, the invention states: An audio decoder for providing a decoded audio information on the basis of an encoded audio information, the audio decoder comprising: an arithmetic decoder for providing a plurality of decoded spectral values on the basis of an arithmetically-encoded representation of the spectral values (Choo: FIG. 1B, Part 101, [0059], [0067] — an arithmetic decoder); and a frequency-domain-to-time-domain converter for providing a time-domain audio representation using the decoded spectral values, in order to acquire the decoded audio information (Choo: [0061] — an MDCT used by an arithmetic encoder that converts from time domain into frequency domain (noting that a decoder would perform the reverse of this which would be converting from frequency domain back into time domain as the opposite of the encoding)); wherein the arithmetic decoder is configured to select a mapping rule describing a mapping of a code value onto a symbol code in dependence on a context state (Choo: [0100] – [0102] — an n-tuple mapping that converts a code to a symbol using a probability mapping and considers ‘neighborhood N-tuples’ (dependence on context state)); and wherein the arithmetic decoder is configured to determine the current context state in dependence on a plurality of previously-decoded spectral values (KIM et al. (US 2009/0110201 A1) provides teaching for an arithmetic encoder which provides the probability of outputting a symbol from aa current frame being determined based on a plurality of symbols in previous frame or previous frequency band and a predetermined variable on the basis of a context of frames of frequency bands ([0054], [0055], [0058]), wherein the arithmetic decoder is configured to detect a group of a plurality of previously-decoded adjacent spectral values which, individually or taken together, fulfil a predetermined condition regarding their magnitudes in that they comprise, individually or taken together, a magnitude which is smaller than a predetermined threshold magnitude, and to determine or modify the current context state in dependence on a result of the detection; wherein the arithmetic decoder is configured to evaluate previously-decoded spectral values of a first time-frequency region, to detect a group of a plurality of spectral values which fulfill, individually or taken together, the predetermined condition regarding their magnitudes, and wherein the arithmetic decoder is configured to acquire a numeric value representing the context state if the predetermined condition is not fulfilled, in dependence on previously-decoded spectral values of a second time-frequency region which is different from the first time-frequency region, wherein the audio decoder is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer. Closest Prior Art Choo et al. (US 2010/0324912 A1) provides teaching for an arithmetic decoder (FIG. 1B, Part 101, [0059], [0067]), an MDCT used by an arithmetic encoder that converts from time domain into frequency domain (noting that a decoder would perform the reverse of this which would be converting from frequency domain back into time domain as the opposite of the encoding [0061], an n-tuple mapping that converts a code to a symbol using a probability mapping and considering neighbourhood N-tuples’ to indicate dependence on context state ([0100] – [0102]). Kondo et al. (US 2004/0184544 A1) provides teaching for the switching to a different probability model for a current decoding state when the values or magnitudes of previously decoded units meet various threshold conditions [0107]. (KIM et al. (US 2009/0110201 A1) provides teaching for an arithmetic encoder which provides the probability of outputting a symbol from aa current frame being determined based on a plurality of symbols in previous frame or previous frequency band and a predetermined variable on the basis of a context of frames of frequency bands ([0054], [0055], [0058]). Mehrotra et al. (US 2008/0262855 A1) provides teaching for context-based arithmetic decoding (FIG. 17, [0192] – [0197]). KIM et al. (US 2007/0171990 A1) provides teaching for an arithmetic decoding which is required by a maximum significance value and a current significance value of each frequency component of the audio signal being examined [0015]. Geiger, Ralf, et al. (“ISO/IEC MPEG-4 high-definition scalable advanced audio coding.” Journal of the Audio Engineering Society 55.1/2 (2007): 27-43) provides teaching for lossless coding of spectral data of audio that includes frequency locations of spectral data and the magnitude of adjacent spectral lines (Page 32 Col 2 Par 2). Choo et al. (US 2008/0095276 A1) provides teaching for an arithmetic decoding process that involves having all index variables obtained from a previous arithmetic decoding process [0067]. Liu (US 2008/0008395 A1) provides an arithmetic encoding scheme which encodes all coefficients with a magnitude that are less than a threshold, the context of which are decided by two previously encoded coefficients including the context for their sign bits and their magnitudes [0035]. The prior art of record taken alone or in combination however fail to teach, inter alia, an audio decoder for decoding encoded audio information involving the detection of a group of a plurality of previously-decoded adjacent spectral values which get taken separately or collectively to satisfy the condition of having their magnitudes smaller than a threshold magnitude value being applied to determine or modify the current context state, and in the event that the magnitude does not meet the threshold, a numeric value that represents the context state is obtained depending on previously-decoded spectral values of a second time-frequency region that is different from a first time-frequency region. Claim 1 would hereby be allowable if rewritten or amended to overcome the double patenting rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. See the references provided in the Allowable Subject Matter section above, as well as form PTO-892. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to OLUWADAMILOLA M. OGUNBIYI whose telephone number is (571)272-4708. The Examiner can normally be reached Monday – Thursday (8:00 AM – 5:30 PM Eastern Standard Time). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, PARAS D. SHAH can be reached at (571) 270-1650. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /OLUWADAMILOLA M OGUNBIYI/Examiner, Art Unit 2653 /Paras D Shah/Supervisory Patent Examiner, Art Unit 2653 06/13/2026
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Prosecution Timeline

Aug 20, 2024
Application Filed
Jun 17, 2026
Non-Final Rejection mailed — §112 (current)

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1-2
Expected OA Rounds
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96%
With Interview (+18.6%)
2y 11m (~1y 0m remaining)
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