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 .
This office action is sent in response to Applicant’s communication received on 09/18/2024 for the application number 18848328. The office hereby acknowledges receipt of the following placed of record in the file: Specification, Abstract, Oath/Declaration and claims.
Status of the claims
Claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 02/28/2025, 11/04/2025, and 05/12/2026 were filed before the mailing date of the first office action. These submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites:
“selecting the first resolution entropy encoding of the at least one reduced directional value when the number of bits used encoding the at least one directional value based on the first resolution entropy encoding is more than the portion of the allowed number of bits for encoding the at least one directional value and the number of bits used encoding the at least one directional value based on the first resolution entropy encoding is less than or equal to the portion of the allowed number of bits for encoding the at least one directional value.”
The “number of bit’s used encoding…” must be both (i) more than a portion of the allowed number of bits and (ii) less than or equal to that same portion of the allowed number of bits. Because the same number of bits cannot simultaneously satisfy both conditions, it is unclear under what parameters the encoding of the ‘at least one reduced directional value’ is selected. In light of the spec and the rest of the claim, the examiner is interpreting the second ‘directional value’ to mean ‘reduced directional value’. Thus, the limitation is being examined as:
“selecting the first resolution entropy encoding of the at least one reduced directional value when the number of bits used encoding the at least one directional value based on the first resolution entropy encoding is more than to the portion of the allowed number of bits for encoding the at least one directional value and the number of bits used encoding the at least one reduced directional value based on the first resolution entropy encoding is less than or equal to the portion of the allowed number of bits for encoding the at least one directional value.”
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ref. A (WO 2021048468 A1) in view of Ref. B (WO 2020260756 A1).
Regarding claim 1, Ref. A teaches an apparatus comprising at least one processor and at least one memory storing instructions that, when executed by the at least one processor, cause the apparatus at least to perform (Pg. 57, Ln 17-30, “the device 1400 comprises a memory 1411. In some embodiments the at least one processor 1407 is coupled to the memory 1411.”): obtaining values for parameters representing an audio signal, the values comprising at least one directional value and at least one energy ratio value for at least one sub-frame of each sub-band of a frame of the audio signal (Pg. 28, Ln 10-18, “for each time-frequency analysis interval, a direction parameter 108 and an energy ratio parameter 110” and Pg. 26, Ln 11-16, “The metadata consists at least of elevation, azimuth and the energy ratio of a resulting direction, for each considered time/frequency sub-band”); obtaining an allowed number of bits for encoding the at least one directional value and the at least one energy ratio value for the at least one sub-frame of each sub-band of the frame of the audio signal (The algorithm starts by obtaining a predetermined number of bits, later in Pg. 33, Ln 25-30 “the quantization resolution is set by allowing a predefined number of bits given by the value of the energy ratio”); encoding the at least one directional value for the at least one sub-frame of each sub-band of the frame based on at least one resolution entropy encoding, (Pg. 35, Ln 32-38, “The direction analyser/index generator 215 can then be configured to entropy encode the azimuth and elevation indices” where this occurs for each sub-frame) wherein one of the at least one resolution entropy encoding is further for: first resolution entropy encoding the at least one directional value and determining the number of bits used encoding the at least one directional value based on the first entropy encoding (Pg. 36, Ln 6-20, “Determining Direction indices (Azimuth and Elevation) based on quantization resolution… the next operation is to entropy encode the direction indices…” and pg. 37, ln 12-20, “For each sub-band the option which uses the fewer number of bits is selected, and the used bits for the time-block or frame is determined”); selecting the first resolution entropy encoding of the at least one directional value when the number of bits used encoding the at least one directional value based on the first resolution entropy encoding is less than or equal to a portion of the allowed number of bits for encoding the at least one directional value (Pg. 37, Ln 3-10, “Where the number of bits sed is not more than the bits available … then the encoder 217 is configured to use the … Encoded Direction Indices”); determining that the number of bits used for the original entropy-encoded directional indices exceeds the available bit limit and, in response, reducing the directional representation and re-encoding the reduced directional representation. (Pg. 37).
Ref. A does not expressly teach first resolution entropy encoding at least one reduced directional value and determining the number of bits used encoding the at least one reduced directional value based on the first entropy encoding; estimating a separate number of bits required to encode a reduced directional representation and selecting that reduced directional representation based on the estimated number of bits required.
However, Ref. B does teach first resolution entropy encoding at least one reduced directional value and determining the number of bits used encoding the at least one reduced directional value based on the first entropy encoding (Pg. 2, Ln. 29 – Pg. 3, Ln. 8, “Estimate the number of bits required to entropy encode the indices…determine whether the number of bits required is greater than a determined threshold value…estimate a further number of bits required to encode indices based on at least one further mapping… select one of the at least one further mapping based on a lowest number of bits required and encode the indices…”); estimating a separate number of bits required to encode a reduced directional representation and selecting that reduced directional representation based on the estimated number of bits required. (Pg. 3 Ln 3-9, “Estimate a further number of bits required to encode indices based on at least one further mapping… the at least one further mapping reduces a possible number of index values to be encoded…select one of the at least one further mapping based on a lowest number of bits required; and encode the indices based on the selected one”, wherein reducing the possible number of index values to be encoded comprises a reduced representation).
It would have been obvious to one of ordinary skill in the art to modify Ref. A before the effective filing date to incorporate the teachings of Ref. B in order to
Regarding claim 2, Ref. A teaches performing at least one resolution entropy encoding of at least one value determined from a difference between the at least one directional value compared to an average directional value for the frame (Pg. 44, Ln 6-9, “A mean removed entropy encoding may be configured to remove first the average index value for the subframes to be encoded” wherein the indices comprise directional values as stated in pg. 34) and determining a number of bits used encoding the at least one value, and the apparatus caused to perform first resolution entropy encoding at least one reduced directional value (Pg. 44, Ln 18-19, “The next operation is one of providing the number of bits required for the entropy encoded indices and any indicator bits”) and determining the number of bits used encoding the at least one reduced directional value based on the first entropy encoding is caused to perform at least one resolution entropy encoding of at least one reduced value from a reduced difference based on the difference between the at least one directional value compared to the average directional value for the frame (Pg. 47, Ln 40-54 and Ln 48, Ln 1-35, “Reduces directional values by dividing each index by two, calculating an average of the reduced indices, subtracting the average from each reduced index, remapping the resulting residuals and entropy encoding them.” The result equals one-half of the difference between the original directional index and the average original directional index and therefore constitutes a reduced difference based on that difference.”) and determining a number of bits used encoding the at least one reduced value. (Pg. 48, Ln. 38, calculates the number of bits).
Regarding claim 3, Ref. A teaches second resolution entropy encoding at least one value based on the at least one directional value (Pg. 4, Ln. 8-18, “determine the second quantization resolution for mapping between the values of the spatial audio signal directional metadata parameter and an index value; generate indices associated with the spatial audio signal directional metadata parameters based on the mapping using the second quantization resolution”)
Ref. A does not teach determining the number of bits used encoding the at least one value based on the second resolution entropy encoding, wherein the second resolution entropy encoding is a lower resolution encoding than the first resolution entropy encoding and exploits similarities between time- frequency tiles within a sub-band within the frame when the frame comprises more than one time- frequency tile within a sub-band; and selecting the second resolution entropy encoding of the at least one value when the number of bits used encoding the at least one value based on the second resolution entropy encoding is less than or equal to the portion of the allowed number of bits for encoding the at least one directional value.
However, Ref. B teaches determining the number of bits used encoding the at least one value based on the second resolution entropy encoding (Pg. 3, Ln. 3-9, “estimate a further number of bits required to encode indices based on at least one further mapping… wherein the at least one further mapping reduces a possible number of index values to be encoded; select one of the at least one further mapping based on a lowest number of bits required; and encode the indices based on the selected one of the at least one further mapping”), wherein the second resolution entropy encoding is a lower resolution encoding than the first resolution entropy encoding and exploits similarities between time- frequency tiles within a sub-band within the frame when the frame comprises more than one time- frequency tile within a sub-band (Pg. 3, Ln. 3-7, “the at least one further mapping reduces a possible number of index values to be encoded” wherein reducing the possible number of directional index values constitutes encoding the directional values at a lower resolution; and Pg. 23, Ln. 13-20, “there is a check performed to determine whether all of the indices are located within the same hemisphere…the index values can be divided by two… and then entropy encoding these values); and selecting the second resolution entropy encoding of the at least one value (Pg. 3, Ln. 6-9, “select one of the at least one further mapping based on a lowest number of bits required”) when the number of bits used encoding the at least one value based on the second resolution entropy encoding is less than or equal to the portion of the allowed number of bits for encoding the at least one directional value. (Pg. 21, Ln. 1-4, “Where the number of bits used for entropy encoding the direction indices is less than (or equal to) the number of bits allowed then the entropy encoded direction indices can be used”)
It would have been obvious to one of ordinary skill in the art to modify Ref. A before the effective filing date to incorporate the teachings of Ref. B in order to reduce the number of bits required to encode the directional information (Pg. 3).
Regarding claim 4, Ref. A teaches wherein the at least one value based on the at least one directional value is at least one difference value from the at least one directional value compared to an average directional value for the frame. (Pg. 44, Ln 5-10, “A mean removed entropy encoding may be configured to remove first the average index value for the subframes to be encoded, then remap the indices to positive ones and then encode them with a suitable entropy encoding.”).
Regarding claim 5, Ref. A teaches selecting the second resolution entropy encoding of the at least one value based on the at least one directional value when the number of bits used encoding the at least one value based on the second resolution entropy encoding is greater than the portion of the allowed number of bits for encoding the at least one directional value but is less than a determined relaxed number of bits. (Pg. 38, Ln 6-30, “where the number of bits for encoded direction Indices is more than bits available…where the determination results in the answer that the difference is less than the quantization resolution reduction threshold value than the direction analyser/index generator 215 is configured to calculate the number of bits used for fixed rate encoding” Wherein the relaxed threshold is analogous to the quantization resolution reduction threshold value).
Regarding claim 6, Ref. A teaches wherein the relaxed number of bits is a number of bits relative to the portion of the allowed number of bits for encoding the at least one directional value. (Pg. 28, Ln 10-15, “The quantization resolution reduction threshold can … be calculated based on … the number of bits which can be reduced from each time frequency tile”).
Regarding claim 7, Ref. A teaches encoding the at least one directional value for the at least one sub-frame of each sub-band of the frame based on at least one resolution entropy encoding (Pg. 35, Ln 33-38, “can then be configured to entropy encode the azimuth and elevation indices. … for one frequency sub-band at a time, encoding all the time subframes for that sub-band”), third resolution entropy encoding at least one value based on the at least one directional value and determining the number of bits used encoding the at least one value based on the third resolution entropy encoding (Pg. 2 Ln. 30 – Pg. 3, Ln. 10, “generate encoded… parameters… based on a third quantization resolution when the number of bits… is more than the determined number of bits… wherein the third quantization resolution is determined such that a number of bits used… based on the third quantization resolution is always equal to or less than the determined number of bits”), wherein the quantization resolution of the third resolution is lower than the first and second resolution entropy encoding (Pg. 38, Ln 20-30, “the quantization resolution is reduced for each time-frequency tile…”); and selecting the third resolution entropy encoding of the at least one value based on the at least one directional value when the number of bits used encoding the at least one value based on the first or second resolution entropy encoding is more than the portion of the allowed number of bits for encoding the at least one value. (Pg. 3, Ln 1-10, “wherein the third quantization resolution is determined such that a number of bits used for the encoded spatial audio signal directional parameters for the block of time-frequencies based on the third quantization resolution is always equal to or less than the determined number of bits”).
Regarding claim 8, Ref. A teaches wherein the at least one value based on the at least one directional value is at least one difference value from the at least one directional value compared to an average directional value for the frame. (Pg. 44, Ln 5-10, “A mean removed entropy encoding may be configured to remove first the average index value for the subframes to be encoded, then remap the indices to positive ones and then encode them with a suitable entropy encoding.”).
Regarding claim 9, Ref. A teaches wherein the apparatus is caused to further perform encoding the at least one energy ratio value for the at least one sub-frame of each sub-band of the frame of the audio signal. (Pg. 32, Ln 25-30, “The energy ratio average generator/quantization resolution determiner 211 is configured to encode each energy ratio value…211 thus may be configured to apply … for each sub-band.”).
Regarding claim 10, Ref. A teaches generating a weighted average of the at least one energy ratio value; and encoding the weighted average of the at least one energy ratio value. (Pg. 33, Ln 1-7, “the energy ratio average generator … generate only one weighted average value per sub-band which is passed to the encoder to be transmitted/stored”).
Regarding claim 11, Ref. A teaches encoding the weighted average of the at least one energy ratio value is further caused to perform scalar non-uniform quantizing the at least one weighted average of the at least one energy ratio value. (Pg. 32, Ln 25-30, “The energy ratio average generator quantization resolution determiner 211 thus man be configured to apply a scalar non-uniform quantization using 3 bits for each sub band.”).
Regarding claim 12, Ref. A teaches wherein the at least one entropy encoding is Golomb Rice encoding. (Pg. 36, Ln 1-5, “The entropy encoding … may be implemented using a Golomb Rice encoding method”)
Regarding claim 13, Ref. A teaches storing and/or transmitting the encoded at least one directional value. (Pg. 29, Ln 1-5, “The encoder 107 may furthermore comprise a metadata encoder/quantizer 111 which is configured to receive the metadata and output an encoded or compressed form of the information.”).
Claim 14 is analogous to claim 1 as it recites substantially the same limitations, as such it is rejected for the same reasons.
Claim 15 is analogous to claim 2 as it recites substantially the same limitations, as such it is rejected for the same reasons.
Claim 16 is analogous to claim 3 as it recites substantially the same limitations, as such it is rejected for the same reasons.
Claim 17 is analogous to claim 4 as it recites substantially the same limitations, as such it is rejected for the same reasons.
Claim 18 is analogous to claim 5 as it recites substantially the same limitations, as such it is rejected for the same reasons.
Claim 19 is analogous to claim 6 as it recites substantially the same limitations, as such it is rejected for the same reasons.
Claim 20 is analogous to claim 7 as it recites substantially the same limitations, as such it is rejected for the same reasons.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ALAN FOSTER JR. whose telephone number is (571)272-8874. The examiner can normally be reached M - F 8:00am - 6:00pm
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hai Phan can be reached at (571) 272-6338. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL A FOSTER JR/Examiner, Art Unit 2654
/Richa Sonifrank/Primary Examiner, Art Unit 2654