DETAILED ACTION
Claims 1 – 5 are 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 statement is being considered by the Examiner.
EXAMINER’S COMMENT
The claims of this application were subject to double patenting rejections over co-pending U.S. Application 18/810,401, and patented U.S. 12,080,300 B2, U.S. 11,443,752 B2, and U.S. 9,978,380 B2. The Examiner discussed with Attorney GLENN Michael on Wednesday 17 June 2026 to inform him of this. The Applicant filed a terminal disclaimer to address this 22 June 2026. The terminal disclaimer was approved also on 22 June 2026.
As a result of this, the Examiner does not provide a non-statutory double patenting rejection over the claims of the co-pending application and the U.S. patents mentioned above.
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 4; and
‘a frequency-domain-to-time-domain converter for providing a time-domain audio representation …’ in claim 4;
‘an arithmetic decoder for providing a plurality of decoded spectral values …’ in claim 5; and
‘a frequency-domain-to-time-domain converter for providing a time-domain audio representation …’ in claim 5.
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.
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 – 3 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Independent claims 1 and 2 recites the limitations of the decoding of encoded audio information by providing decoded spectral values based on arithmetically encoded representations of the spectral values, providing time-domain representations using the decoded spectral values, selecting a mapping rule that maps a code value unto a symbol code based on a dependence on a context state, determining the current context state based on a dependence on a plurality of previously-decoded spectral values, detecting a group of a previously decoded adjacent spectral values that together comprise a magnitude that is smaller than a predetermined threshold magnitude, modifying the current context state based the result of the detection of the group of previously decoded adjacent spectral values, further including the setting of current state to be within a range of values that signals the detection of a group of previously-decoded adjacent spectral values that satisfy a predetermined condition regarding their magnitudes, after the detection has been made.
Nothing in the claims preclude the invention from being performed in the human mind. The entire process involves data collection through obtaining decoded spectral values, time-domain audio representations, symbol codes based on a mapping, obtaining the current context states that are set to be within a range; and data analysis for obtaining current context state, the detecting of a group of previously decoded adjacent spectral values, and the detecting of a group of previously decoded adjacent spectral values that comprise a magnitude smaller than a threshold magnitude. A human may perform this technique by making a plurality of decoded spectral values available based on the presence of arithmetically encoded representation of the spectral values, making a time-domain audio representation available by using the decoded spectral values so as to acquire the decoded audio information, applying a mapping rule to perform a mapping of a code value to a symbol code dependent on the context state, calculating what the current context state would be based on the plurality of previously decoded spectral values, detecting a group of a plurality of previously decoded adjacent spectral values that when taken together, have a magnitude that is smaller than a predetermined threshold magnitude, modifying the current context state based on a result of the detection of the group of the plurality of previously decoded adjacent spectral value, further involving the setting of the current context state to be within a range of values that indicate the detection of a group of a previously-decoded adjacent spectral values that collectively fulfil the predetermined magnitude condition, after the determination. All these tasks can be performed by a human making use of a pen and paper. The claims hereby recite a mental process.
Independent claim 3 recites the limitations of the decoding of encoded audio information by providing decoded spectral values based on arithmetically encoded representations of the spectral values, providing time-domain representations using the decoded spectral values, selecting a mapping rule that maps a code value representing a spectral value, or a most-significant bit-plane of a spectral value in an encoded form, being mapped to a symbol code representing a spectral value, or a most-significant bit-plane of a spectral value in a decoded form depending on a context state, the context state being determined dependent on a previously decoded spectral values, such that a group of previously-decoded spectral values gets detected, given that they satisfy a predetermined condition dependent on their magnitudes, the detection being applied to determine or modify current context state.
Nothing in the claim precludes the invention from being performed in the human mind. The entire process involves data collection through obtaining decoded spectral values, time-domain audio representations, codes based on a mapping; and data analysis for obtaining current context state and the detecting of a group of previously decoded adjacent spectral values based on satisfying a predetermined precondition, and. A human may perform this technique by making a plurality of decoded spectral values available based on the presence of arithmetically encoded representation of the spectral values, making a time-domain audio representation available by using the decoded spectral values so as to acquire the decoded audio information, applying a mapping rule to perform a mapping of a code value that represents a spectral value, obtaining a current context state based on a plurality of previously decoded spectral values, such that a group of a plurality of previously-decoded spectral values that satisfy a condition based on the magnitudes get detected, and having the current context state get determined or modified by the human in response to the intended detection. All these tasks can be performed by a human making use of a pen and paper. The claim hereby recites a mental process.
This judicial exception is not integrated into a practical application as the claims simply teach of collecting data and analysing data. Claim 2 makes mention of a non-transitory computer readable medium but this is simply provided as a tool being applied to storing the computer instructions required to perform this technique. Claims 1 and 3 make no mention of an applicable physical component.
The invention is not tied to any particular defining structure and simply provides instructions to apply the judicial exception. The technique can be performed by a generic computer which would be presented as a tool to implement the abstract idea (classifiable as automation of the mental process steps). The Specification on page 5 lines 5 – 7 provides such a computer for running the computer programme, which can be a generic computer. This is recited at a high level of generality that it amounts to no more than mere instructions to apply the judicial exception. The claims do not provide any additional detail. The claims therefore do not include additional elements that would be sufficient to amount to significantly more than the judicial exception because the invention is not tied to a practical application.
The claims provide techniques that amount to no more than mere instructions that apply the judicial exception which can be performed by a generic device. Merely mentioning a non-transitory computer readable medium amounts to no more than general-purpose hardware used as tools to implement the abstract idea and does not provide any particular application other than applying it for the purpose of implementing a judicial exception. Mere instructions to apply an exception using a generic device cannot provide an inventive concept. Claims 1, 2 and 3 are not eligible.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claims 1, 2 and 3 are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Choo et al. (US 2010/0324912 A1: hereafter — Choo).
Please note that although the Applicants’ provisional application 61/253,459 antedates the filing date of the Choo et al reference, an examination of the provisional application reveals that it is silent with regards to the magnitude-specific processing towards which the present invention is directed. Accordingly, the effective date for the present claims is the filing date of the PCT or 19 October 2010. Thus, Choo qualifies as prior art by virtue of its filing date under 35 U.S.C. 102(e).
For claim 1, Choo discloses a method for providing a decoded audio information on the basis of an encoded audio information (Choo: [0065] — performing decoding on an already encoded signal), the method comprising:
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
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 method comprises selecting 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 method comprises determining the current context state in dependence on a plurality of previously-decoded spectral values (Choo: [0100]–[0102] — determining a current context based on surrounding information such as that of a previous frame as well as the frequency of the previous frames (indicating the consideration of previously decoded spectral values); [0142] – [0143] — the decoding of the current fame based on the previous frame, and, the decoding of a current context mode based on the context of the plurality of its neighbouring contexts; [0153] — current context determination during arithmetic decoding being based on neighbouring symbols; [0356] — determining a current context based on neighbouring adjacent tuples that have been decoded),
wherein the method comprises detecting 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 modifying the current context state in dependence on a result of the detection (Choo: [0356] – [0357], [0359] – [0360] — performing context determination by making use of the adjacent previously-decoded information, setting an absolute value threshold to 4 (the absolute value here being a representation of the magnitude), such that the two quantised frequency spectra are determined to be less than the predetermined threshold, and then determining or setting the tuples of the current context to be based on that of the previous neighbouring tuples (a modification of the current context state based on the detection of the magnitudes of the previous cases being below a threshold value))
by setting the current context state to be within a range of values which signals the detection of a group of a plurality of previously-decoded adjacent spectral values which fulfill, taken together, a predetermined condition regarding their magnitudes, in response to the detection (Choo: [0356] – [0357], [0359] – [0360] — performing context determination by making use of the adjacent previously-decoded information, setting an absolute value threshold to 4 (the absolute value here being a representation of the magnitude), such that the two quantised frequency spectra are determined to be less than the predetermined threshold, and then determining or setting the tuples of the current context to be based on that of the previous neighbouring tuples (a modification of the current context state based on the detection of the magnitudes of the previous cases being below a threshold value)).
As for claim 2, computer program product claim 2 and method claim 1 are related as computer program product storing executable instructions required for performing the claimed method steps on a computer. Choo provides teaching for a non-transitory storage media in [0406], suitable to read upon the limitations of this claim. Accordingly, claim 2 is similarly rejected under the same rationale as applied above with respect to method claim 1.
For claim 3, Choo discloses a method for providing a decoded audio information on the basis of an encoded audio information (Choo: [0065] — performing decoding on an already encoded signal), the method comprising:
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
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 providing the plurality of decoded spectral values comprises selecting a mapping rule describing a mapping of a code value representing a spectral value, or a most-significant bit-plane of a spectral value, in an encoded form onto a symbol code representing a spectral value, or a most-significant bit-plane of a spectral value, in a decoded form, in dependence on a context state (Choo: [0011] — a most significant bit (MSB) context determining unit; [0284] — an MSB context determining unit that employs mapping rules; [0324] — an arithmetic encoding situation comprising a context mapping unit and an MSB encoding unit); and
wherein the current context state is determined in dependence on a plurality of previously decoded spectral values, wherein a group of a plurality of previously-decoded spectral values, which fulfill, individually or taken together, a predetermined condition regarding their magnitudes is detected (Choo: [0356] – [0357], [0359] – [0360] — performing context determination by making use of the adjacent previously-decoded information, setting an absolute value threshold to 4 (the absolute value here being a predetermined condition regarding its magnitude), such that the two quantised frequency spectra are determined to be less than the predetermined threshold, and then determining or setting the tuples of the current context to be based on that of the previous neighbouring tuples (a modification of the current context state based on the detection of the magnitudes of the previous cases being below a threshold value)), and
wherein the current context state is determined or modified in dependence on a result of the detection (Choo: [0356] – [0357], [0359] – [0360] — performing context determination by making use of the adjacent previously-decoded information, setting an absolute value threshold to 4 (the absolute value here being a predetermined condition regarding its magnitude), such that the two quantised frequency spectra are determined to be less than the predetermined threshold, and then determining or setting the tuples of the current context to be based on that of the previous neighbouring tuples (a modification of the current context state based on the detection of the magnitudes of the previous cases being below a threshold value, which is the detection)).
Allowable Subject Matter
Claims 4 and 5 are allowable.
The following is a statement of reasons for the indication of allowable subject matter:
With regard to independent claim 4, 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; 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;
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; and
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 comprise a sum value which is smaller than a predetermined threshold value, and to modify the current context state in dependence on a result of the detection
by setting the current context state to be within a range of values which signals the detection of a group of a plurality of previously-decoded adjacent spectral values which fulfill, taken together, a predetermined condition regarding their magnitudes, in response to the detection;
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 a current frame being determined based on a plurality of symbols in a previous frame or a 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 the sum of their spectral values less than a threshold value, this being applied to set the current context state to be within a range that signals the detection of a group of already decoded consecutive spectral values that satisfy a preset magnitude condition.
Claim 4 is hereby allowable over the prior art of record. would hereby be allowable.
With regard to independent claim 5, while slightly different from claim 4, contains
similarly claimed limitations to claim 4 and is also hereby allowable over the prior art of record, and for the same reason as applied to claim 4 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Yu et al. (US 2008/0094259 A1) provides teaching for one or more context values which may include a significance state context value computed using previously encoded residual bit-plane symbols, or aa frequency band context value that is determined by the location of the currently processed residual bit-plane symbols [0035].
Tanaka et al. (US 2008/0071541 A1) provides teaching for an interpolation band determining unit which determines whether certain amplitude differences between the spectral component of concern (current) and the adjacent spectral component in the previous frame, and a difference in amplitude between the spectral component of concern and the adjacent spectral component in the current frame is above a predetermined threshold [0054].
Also see the references applied in the allowable subject matter above.
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.
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/OLUWADAMILOLA M OGUNBIYI/Examiner, Art Unit 2653
/Paras D Shah/Supervisory Patent Examiner, Art Unit 2653
06/25/2026
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