DETAILED ACTION
Claims 23 – 37, 39 – 45, 47 and 49 are pending.
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 .
Claim Objections
Claims 23, 26 and 27 are objected to because of the following informalities:
For claim 23, in its second limitation, it recites ‘wherein the spacing value signals those encoded plurality of individual encoded spectral coefficients (206 t0 f2) or groups of encoded spectral coefficients (206 t0 f4,206 t0 f5) that are located around harmonic signal components.’ The values or variables indicated here (with emphasis) are unclear by their presentation, given also that similarly presented independent claims 47 and 49 do not contain these values or variables. The Applicant does not present a proper way to understand these spectral coefficient values or variables, leading to a confusion here. The claims can however be understood in the absence of these values, and the Examiner hereby objects to the claim.
Claim 26 recites ‘… the at least one spectral coefficient by which the individual spectral coefficients or the group of spectral coefficients are separated’ which the Examiner believes should be --… the at least one encoded spectral coefficient by which the individual encoded spectral coefficients or the groups of encoded spectral coefficients are separated -- so as to avoid a lack of antecedent basis.
Claim 27 recites in its first limitation, ‘… to acquire quantized prediction errors for the spectral coefficients to which predictive decoding is to be applied and quantized spectral coefficients for the spectral coefficients to which predictive decoding is not to be applied’ which the Examiner believes should be --to acquire quantized prediction errors for the encoded spectral coefficients to which predictive decoding is to be applied and quantized spectral coefficients for the encoded spectral coefficients to which predictive decoding is not to be applied-- so as to avoid a lack of antecedent basis.
Claim 27 recites ‘The decoder 23’ which the Examiner believes should instead be --The decoder as claimed in claim 23-- to have a presentation consistent with the other claims.
Appropriate correction is required.
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 23 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 39 of U.S. Patent No. 12,112,765 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding an encoded audio signal in a transform or filter-bank domain, involving selectively applying predictive decoding on a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients based on an acquired spacing value that indicates spectral coefficients or groups of encoded spectral coefficients involving at least two harmonic signal components.
Claim 39 of U.S. Patent No. 12,112,765 B2 depends on claim 37, which depends on claim 23, which further depends on independent claim 22.
Instant claim 47 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 39 of U.S. Patent No. 12,112,765 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding an encoded audio signal in a transform or filter-bank domain, involving selectively applying predictive decoding on a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients based on an acquired spacing value that indicates spectral coefficients or groups of encoded spectral coefficients involving at least two harmonic signal components. The instant claim is directed to a method while claim 39 of the referenced U.S. Patent No. 12,112,765 B2 is directed to a decoder as a product. 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 assigning a list of procedures to the entire functions of the product of the claimed decoder, with the predictable result of being able to present a list detailing the procedure to perform the decoding of the obtained audio signal.
Instant claim 49 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 39 of U.S. Patent No. 12,112,765 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding an encoded audio signal in a transform or filter-bank domain, involving selectively applying predictive decoding on a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients based on an acquired spacing value that indicates spectral coefficients or groups of encoded spectral coefficients involving at least two harmonic signal components. The instant claim is directed to a computer-readable medium while claim 39 of the referenced U.S. Patent No. 12,112,765 B2 is directed to a decoder as a product. 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 storing the computer-instructions required for operating the decoder product on a computer-readable medium, with the predictable result of being able to perform the decoding on several devices by saving the computer instructions on the several devices instead of performing this at only one device.
Instant claim
U.S. 12,112,765 B2
Claim 23
Claims 22, 23, 37 & 39
A decoder for decoding an encoded audio signal, wherein the decoder is configured to decode the encoded audio signal in a transform domain or filter-bank domain, wherein the decoder is configured to parse the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame, and wherein the decoder is configured to selectively apply predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients, wherein the decoder is configured to acquire a spacing value, wherein the decoder is configured to select the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied based on the spacing value
A decoder for decoding an encoded audio signal to produce a decoded audio signal, wherein the decoder comprises a processor operable to execute computer program instructions and a memory operable to store computer program instructions executable by the processor, for performing the steps of:
decoding the encoded audio signal in a transform domain or filter-bank domain (claim 22),
acquiring a spacing value, wherein the spacing value is a harmonic spacing value describing a spacing between harmonics (claim 22),
parsing the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame, and wherein the decoder is configured to selectively apply predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients based on the spacing value (claim 22),
selecting the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied based on the spacing value (claim 22),
wherein the spacing value signals those encoded plurality of individual encoded spectral coefficients (206 t0 f2) or groups of encoded spectral coefficients (206 t0 f4,206 t0 f5) that are located around harmonic signal components.
The decoder according to claim 37, wherein the encoded audio signal comprises the spacing value or an encoded version thereof, wherein the spacing value identifies the at least two harmonic signal components, the decoder comprising the processor and the memory for performing the step of
applying predictive decoding to those plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients which are associated with the identified harmonic signal components (claim 39).
Claim 47
Claims 22, 23, 37 & 39
Method for decoding an encoded audio signal in a transform domain or filter-bank domain, the method comprising:
parsing the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame;
A decoder for decoding an encoded audio signal to produce a decoded audio signal, wherein the decoder comprises a processor operable to execute computer program instructions and a memory operable to store computer program instructions executable by the processor, for performing the steps of:
decoding the encoded audio signal in a transform domain or filter-bank domain (claim 22),
parsing the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame, and wherein the decoder is configured to selectively apply predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients based on the spacing value (claim 22),
acquiring a spacing value; and
acquiring a spacing value, wherein the spacing value is a harmonic spacing value describing a spacing between harmonics (claim 22),
selectively applying predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients, wherein the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied are selected based on the spacing value
selecting the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied based on the spacing value (claim 22),
wherein the spacing value signals those encoded plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients that are located around harmonic signal components.
The decoder according to claim 37, wherein the encoded audio signal comprises the spacing value or an encoded version thereof, wherein the spacing value identifies the at least two harmonic signal components, the decoder comprising the processor and the memory for performing the step of
applying predictive decoding to those plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients which are associated with the identified harmonic signal components (claim 39).
Claim 49
Claims 22, 23, 37 & 39
A non-transitory digital storage medium having a computer program stored thereon to perform the method for decoding an encoded audio signal in a transform domain or filter-bank domain, the method comprising:
parsing the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame at least one previous frame
A decoder for decoding an encoded audio signal to produce a decoded audio signal, wherein the decoder comprises a processor operable to execute computer program instructions and a memory operable to store computer program instructions executable by the processor, for performing the steps of:
decoding the encoded audio signal in a transform domain or filter-bank domain (claim 22),
parsing the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame, and wherein the decoder is configured to selectively apply predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients based on the spacing value (claim 22),
acquiring a spacing value; and
acquiring a spacing value, wherein the spacing value is a harmonic spacing value describing a spacing between harmonics (claim 22),
selectively applying predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients, wherein the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied are selected based on the spacing value,
selecting the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied based on the spacing value (claim 22),
wherein the spacing value signals those encoded plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients that are located around harmonic signal components
The decoder according to claim 37, wherein the encoded audio signal comprises the spacing value or an encoded version thereof, wherein the spacing value identifies the at least two harmonic signal components, the decoder comprising the processor and the memory for performing the step of
applying predictive decoding to those plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients which are associated with the identified harmonic signal components (claim 39).
when said computer program is run by a computer.
A decoder for decoding an encoded audio signal to produce a decoded audio signal, wherein the decoder comprises a processor operable to execute computer program instructions and a memory operable to store computer program instructions executable by the processor (claim 22).
Instant claim 23 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 33 of U.S. Patent No. 10,600,428 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding an encoded audio signal in a transform or filter-bank domain, involving selectively applying predictive decoding on a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients based on an acquired spacing value that indicates spectral coefficients or groups of encoded spectral coefficients involving at least two harmonic signal components.
Claim 33 of U.S. Patent No. 10,600,428 B2 depends on claim 31, which further depends on independent claim 19.
Instant claim 47 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 33 of U.S. Patent No. 10,600,428 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding an encoded audio signal in a transform or filter-bank domain, involving selectively applying predictive decoding on a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients based on an acquired spacing value that indicates spectral coefficients or groups of encoded spectral coefficients involving at least two harmonic signal components. The instant claim is directed to a method while claim 33 of the referenced U.S. Patent No. 10,600,428 B2 is directed to a decoder as a product. 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 assigning a list of procedures to the entire functions of the product of the claimed decoder, with the predictable result of being able to present a list detailing the procedure to perform the decoding of the obtained audio signal.
Instant claim 49 is rejected on the ground of nonstatutory double patenting as being obviously unpatentable over claim 33 of U.S. Patent No. 10,600,428 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to decoding an encoded audio signal in a transform or filter-bank domain, involving selectively applying predictive decoding on a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients based on an acquired spacing value that indicates spectral coefficients or groups of encoded spectral coefficients involving at least two harmonic signal components. The instant claim is directed to a computer-readable medium while claim 33 of the referenced U.S. Patent No. 10,600,428 B2 is directed to a decoder as a product. The referenced U.S. Patent No. 10,600,428 B2 provides a computer as well at Col 9 lines 62–65, suitable to read upon the claimed computer of the instant claim. 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 storing the computer-instructions required for operating the decoder product on a computer-readable medium, with the predictable result of being able to perform the decoding on several devices by saving the computer instructions on the several devices instead of performing this at only one device.
Instant claim
U.S. 10,600,428 B2
Claim 23
Claims 19, 31 & 33
A decoder for decoding an encoded audio signal, wherein the decoder is configured to decode the encoded audio signal in a transform domain or filter-bank domain, wherein the decoder is configured to parse the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame, and wherein the decoder is configured to selectively apply predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients, wherein the decoder is configured to acquire a spacing value, wherein the decoder is configured to select the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied based on the spacing value
A decoder for decoding an encoded audio signal, wherein the decoder is configured to decode the encoded audio signal in a transform domain or filter-bank domain, wherein the decoder is configured to parse the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame, and wherein the decoder is configured to selectively apply predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients, wherein the decoder is configured to acquire a spacing value, wherein the decoder is configured to select the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied based on the spacing value (claim 19);
wherein the spacing value signals those encoded plurality of individual encoded spectral coefficients (206 t0 f2) or groups of encoded spectral coefficients (206 t0 f4,206 t0 f5) that are located around harmonic signal components.
The decoder according to claim 31, wherein the encoded audio signal comprises the spacing value or an encoded version thereof, wherein the spacing value identifies the at least two harmonic signal components, wherein the decoder is configured to selectively apply predictive decoding to those plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients which are associated with the identified harmonic signal components (claim 33).
Claim 47
Claims 19, 31 & 33
Method for decoding an encoded audio signal in a transform domain or filter-bank domain, the method comprising:
parsing the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame;
acquiring a spacing value; and
selectively applying predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients, wherein the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied are selected based on the spacing value
A decoder for decoding an encoded audio signal, wherein the decoder is configured to decode the encoded audio signal in a transform domain or filter-bank domain, wherein the decoder is configured to parse the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame, and wherein the decoder is configured to selectively apply predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients, wherein the decoder is configured to acquire a spacing value, wherein the decoder is configured to select the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied based on the spacing value (claim 19)
wherein the spacing value signals those encoded plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients that are located around harmonic signal components.
The decoder according to claim 31, wherein the encoded audio signal comprises the spacing value or an encoded version thereof, wherein the spacing value identifies the at least two harmonic signal components, wherein the decoder is configured to selectively apply predictive decoding to those plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients which are associated with the identified harmonic signal components (claim 33).
Claim 49
Claims 19, 31 & 33
A non-transitory digital storage medium having a computer program stored thereon to perform the method for decoding an encoded audio signal in a transform domain or filter-bank domain, the method comprising:
parsing the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame at least one previous frame;
acquiring a spacing value; and
selectively applying predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients, wherein the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied are selected based on the spacing value,
A decoder for decoding an encoded audio signal, wherein the decoder is configured to decode the encoded audio signal in a transform domain or filter-bank domain, wherein the decoder is configured to parse the encoded audio signal to acquire encoded spectral coefficients of the audio signal for a current frame and at least one previous frame, and wherein the decoder is configured to selectively apply predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients, wherein the decoder is configured to acquire a spacing value, wherein the decoder is configured to select the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients to which predictive decoding is applied based on the spacing value (claim 19)
wherein the spacing value signals those encoded plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients that are located around harmonic signal components
The decoder according to claim 31, wherein the encoded audio signal comprises the spacing value or an encoded version thereof, wherein the spacing value identifies the at least two harmonic signal components, wherein the decoder is configured to selectively apply predictive decoding to those plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients which are associated with the identified harmonic signal components (claim 33).
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 a generic placeholder 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 limitation is:
‘a decoder for decoding n encoded audio signal …’ in claim 23.
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover a microprocessor as the corresponding structure described on page 25 lines 29–31 of the Specification as performing the claimed function, and equivalents thereof.
If Applicant does not intend to have this 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 limitation to avoid it 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 it 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 23 – 37, 39 – 45, 47 and 49 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more.
Independent claims 23, 47 and 49 recite the limitations of a decoder which decodes and encoded audio signal in a transform domain or filter-bank whereby the encoded audio signal gets parsed to obtain encoded spectral coefficients of the audio signal for a current frame and at least a previous frame, and then selectively apply predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients that are selected based on an acquired spacing value, wherein the spacing value signals the encoded plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients located around harmonic signal components.
Nothing in the claims precludes them from being performed in the human mind. The entire process involves data gathering in the form of receiving the encoded audio signal and also through acquiring the spacing value; data analysis through parsing the encoded audio signal to obtain encoded spectral coefficients and the selection of the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients; and data transformation through the selective application of predictive decoding. A human may receive a representation of an encoded audio signal and perform decoding of the encoded audio signal using a pen and paper such that transform domain or filter-bank domain decoding is performed, encoded spectral coefficients of a current frame and a previous frame are obtained, a spacing value gets calculated so that it indicates the encoded plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients located around harmonic signal components, and then perform predictive decoding on the selected plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients. The mentioning of the computer and non-transitory digital storage medium simply serve as available tools meant to be applied to the performing of the claimed invention. Claims 1 and 11 hereby recite a mental process.
This judicial exception is not integrated into a practical application as the claims simply teach of gathering data, analysing data, and transforming data.
The invention is not tied to any particular defining structure and simply processes instructions to apply the judicial exception. The techniques can be performed by a generic computer which would be presented as a tool to implement the abstract idea (classifiable as automation of a mental concept). The Specification on page 25 lines 29–31 provides a microprocessor as a suitable device useful for enacting the limitations of the claimed invention. The claims do not include additional elements that are 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 the computer and non-transitory digital storage medium amount to no more than general-purpose computer and computer parts being used as tools to implement the abstract idea and do not provide any particular application other than applying them for the purpose of implementing a judicial exception. Mere instructions to apply an exception using a generic device cannot provide an inventive concept. Claims 23, 47 and 49 are not eligible.
Claim 24 provides that the spacing value is a harmonic spacing value describing a spacing between harmonics, which a human may calculate or visually inspect from the representation of the signal. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 25 provides that the plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients are separated by at least one encoded spectral coefficient, which is a task that a human may visually inspect to perform. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 26 provides that predictive decoding is not performed on a spectral coefficient through which the individual spectral coefficients or the group of spectral coefficients are separated. A human may make the visual observation of the intended encoded spectral coefficient and decide to avoid performing predictive encoding on encoded spectral coefficients or groups of encoded spectral coefficients which are observed to be separated by the encoded spectral coefficient. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 27 provides entropy decoding of the encoded spectral coefficients to acquire quantized prediction errors for the encoded spectral coefficients to which predictive decoding is to be applied and quantized spectral coefficients for encoded spectral coefficients to which predictive decoding is not to be applied, and that the decoder applies quantised prediction errors to encoded spectral coefficients to acquire decoded spectral coefficients associated with encoded spectral coefficients for the current frame. A human may perform the mathematical computations required by this claim, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 28 provides teaching for the decoder determining the plurality of individual or groups of predicted spectral coefficients for the current frame based on a corresponding plurality of individual or groups of encoded spectral coefficients of the previous frames. A human may perform the needed mathematical computations to derive the predicted spectral coefficients, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 29 provides teaching for deriving prediction coefficients from the spacing value, calculating the predicted spectral coefficients for the current frame using the corresponding previously decoded spectral coefficients of at least two previous frames and the derived prediction coefficients. A human may perform the needed mathematical computations to derive the predicted spectral coefficients, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 30 provides decoding the encoded audio signal to acquire quantised prediction errors instead of quantised spectral coefficients for encoded spectral coefficients. A human may make the choice to compute the needed quantised prediction errors in order to decode the encoded audio signal. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 31 provides decoding the encoded audio signal to acquire quantised spectral coefficients of encoded spectral coefficients which predictive decoding is not applied to, so that there would be an alternation of encoded spectral coefficients which have their quantised prediction errors acquired, and encoded spectral coefficients for which quantised versions are also acquired. A human may perform the decoding according the mathematical computation require of this claim, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 32 provides selecting either individually or in groups, spectral coefficients which are spectrally arranged based on a harmonic grid defined by the predictive decoding spacing value. A human may select spectral coefficients by such a harmonic grid arrangement, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 33 provides the selection of spectral coefficients by spectral indices which are equal or lie within a range of spectral indices that are derived based on the spacing value. A human may make the selection of spectral coefficients that satisfy a particular condition, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 34 provides the decoder setting a width that depends of the spacing value. A human may make such a width selection, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 35 provides decoding wherein the encoded audio signal comprises the spacing value or an encoded version of it, and the decoder extracts the spacing value or the encoded version from the encoded audio signal. A human may perform the necessary computation to extract the spacing value from the encoded audio signal, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 36 provides that the decoded determines the spacing value. A human may perform the necessary computation to determine the spacing value, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 37 provides determining an instantaneous fundamental frequency of an audio signal and deriving the spacing value from it, or a multiple or fraction of it. A human may perform such a mathematical computation, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 39 provides that the encoded audio signal has at least two harmonic signal components and decoding involves selectively applying predictive decoding to the spectral coefficients which represent the at least two harmonic signal components. A human may observe that an encoded audio signal contains at least two harmonic signal components and selectively decode only encoded spectral coefficients corresponding to the harmonic signal components. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 40 provides the identification of the at least two harmonic signal components and selectively applying predictive decoding to the encoded spectral coefficients which are associated with the identified harmonic signal components. A human may perform the necessary computation to identify at least two harmonic signal components and selectively apply predictive decoding encoded spectral coefficients associated with the identified harmonic signal components. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 41 provides that the encoded audio signal includes the spacing value or an encoded version of it, the spacing value identifying the at least two harmonic signal components, so that predictive decoding is selectively applied to encoded spectral coefficients that are associated with the identified harmonic signal components. A human may retrieve the spacing value from the representation of an encoded audio signal, such that the spacing value identifies at least two harmonic signal components, and perform the mathematical computation required to decode the encoded spectral coefficients associated with the harmonic signal components. This does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 42 provides not applying predictive decoding to the encoded spectral coefficients which do not represent the at least two harmonic signal components or do not represent the spectral environments of the at least two harmonic signal components of the audio signal. A human may select to not apply predictive decoding to certain spectral coefficients based on certain conditions, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 43 provides not applying predictive decoding to the spectral coefficients which belong to a non-tonal background noise between signal harmonics. A human may select to not apply predictive decoding to certain spectral coefficients, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 44 provides that the encoded audio signal comprises the spacing value or an encoded version of it, the spacing value being a harmonic spacing value that indicates the spectral coefficients representing at least two harmonic signal components of the audio signal. A human may make the observation presented to calculate the spacing value, and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Claim 45 provides that the spectral coefficients are spectral bins. A human may make such an observation and this does not integrate any practical application nor does it provide any additional element sufficient to amount to more than the mentioned judicial exception.
Allowable Subject Matter
Claim 23 would be allowable if rewritten or amended to overcome the double patenting rejection and the claim objection set forth in this Office action.
Closest Prior Art
The reference of Thumpudi et al (US 2007/0016415 A1) provides teaching for an audio encoder, especially a transform-based encoder (FIG. 2, [0060]), predicting spectral coefficients of current and previous frames ([0027], [0128]), an encoder signalling a prediction factor for only the number of segment which the prediction factor is to be used [0150], selectively enabling or disabling coefficient prediction for spectral coefficients at certain frequencies, selectively enabling coefficient prediction for certain frequency sub-ranges (the sub-ranges being the designated spacing value), providing encoding for coefficient prediction on spectral coefficients in selectively enabled frequency sub-ranges ([0152]-[0153]). This reference also provides a processing unit suitable to run the encoder [0052].
The reference of Duni et al (US 2012/0029925 A1) provides teaching for determining spectral coefficients (FIG. 11B, [0107]), the presence of a harmonic spacing value for harmonic-mode coding while considering the harmonic spacing between adjacent subband peaks [0065], and that a linear predictive coding is performed by selecting subbands that are harmonically spaced apart [0059], and FIG. 3 shows at least two harmonic signal components as the selected subbands.
The reference of DISCH et al (US 2017/0110135 A1) provides teaching for an output signal which is the encoded audio signal [0212], and includes parameters that comprise the fundamental frequency estimate and having a harmonic spacing equal to the fundamental frequency [0284].
With regard to independent claim 23, the prior art of record taken alone or in
combination however fail to teach, inter alia, a decoder for decoding an encoded audio signal by selectively applying predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients selected based on an acquired spacing value which signals the encoded plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients located around harmonic signal components.
Claims 24, 25, 28 – 37 and 39 – 45 would be allowable if rewritten to overcome the double patenting rejection set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 26 and 27 would be allowable if rewritten to overcome the double patenting rejection and the objections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 47 and 49 would be allowable if rewritten or amended to overcome the double patenting rejection set forth in this Office action.
With regard to independent claim 47, the prior art of record taken alone or in
combination however fail to teach, inter alia, a method for decoding an encoded audio signal by selectively applying predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients selected based on an acquired spacing value which signals the encoded plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients located around harmonic signal components.
With regard to independent claim 49, the prior art of record taken alone or in
combination however fail to teach, inter alia, a non-transitory digital storage medium storing computer instructions for decoding an encoded audio signal by selectively applying predictive decoding to a plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients selected based on an acquired spacing value which signals the encoded plurality of individual encoded spectral coefficients or groups of encoded spectral coefficients located around harmonic signal components.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Hsu et al. (US 2007/0237221 A1) provides teaching for determining spacing of reconstruction values for predicted regions, while engaged in encoder classifications [0047].
ANDO (US 2015/0319444 A1) provides teaching for an inverse orthogonal conversion unit that performs inverse orthogonal conversion on the frequency coefficient decoded in the inverse quantization unit to decode the prediction error value [0066].
See also the applied closest prior art.
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/OLUWADAMILOLA M OGUNBIYI/
Examiner, Art Unit 2653
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