DETAILED ACTION
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 .
Status of Claims
Claims 1-21 are pending in this application.
Response to Arguments
Regarding Rejection under Double Patenting
Applicant’s arguments with respect to rejections have been fully considered but they are not persuasive.
Applicant argues that the double patenting rejections of claims 1-20 is not proper because independent claims 1, 9, and 17 have been amended to overcome the double patenting rejections. For instance, independent claim 1 has been amended to recite "calculating … current frame," "calculating …previous frame," and "calculating, … a first modification weight." Independent claims 9 and 17 contain similar limitations (REMARKS, on page 8, 2nd paragraph– page 9 1st paragraph).
However, Examiner respectfully disagrees. A first modification weight is calculated based on differences of a current frame and previous frame of an audio signal and Claims 1, 6-7, and 9-10 of Liu '143, claims 1-2 and 6-9 of Liu '741, and claims 1-9 of Liu '430 do include the feature.
As such, examiner maintain the double patenting rejections of claims 1-20 at this time.
Regarding Rejection under 35 U.S.C. 101
Applicant’s arguments with respect to rejections have been fully considered but they are not persuasive.
Applicant argues that the rejection under 35 U.S.C. 101 is improper because independent claims 1, 9, and 17 are directed to a method, an apparatus, and a computer program product for improving audio coding quality at frame transitions and the functioning of an audio encoder. Thus, claims 1-20 are directed to a particular improvement in the capabilities of a computing device. Moreover, claims 1-20 provide limitations directed to a practical application of an abstract idea (REMARKS, on page 9, 2nd paragraph – page 12, 1st paragraph).
However, Examiner respectfully disagrees that the rejection under 35 U.S.C. 101 is improper because the newly amended claim 1 is still directed to abstract idea.
Step 1: Claim 1 recites a method performed on generic data processing hardware comprising the following limitations:
Calculating linear spectral frequency (LSF) differences of a current frame
Calculating linear spectral frequency (LSF) differences of a previous frame
Calculating a weight
Modifying a parameter
Coding the current frame
These steps describe the collecting, calculating and modifying data relating to data of audio signal, followed by coding the frame based on the calculated data. Courts have consistently held that such concepts— collecting information, analyzing or processing data, and adjusting a model or system based on the results—are abstract ideas. See Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1353 (Fed. Cir. 2016) (data collection, analysis, and display are abstract ideas); BASCOM Global Internet Servs., Inc. v. AT&T Mobility LLC, 827 F.3d 1341, 1348 (Fed. Cir. 2016) (filtering content is an abstract idea).
Moreover, the claim does not require that the method/apparatus be implemented by a particular machine. The method/apparatus does not require a particular transformation of a particular article. There is no transformation of physical objects or data into a different state or thing. This calculating a weight based on linear spectral frequency differences, modifying a linear and coding a frame predictive parameter is similar to delivering user-selected media content to a portable device found by the courts to be abstract idea (Affinity Labs of Tex., LLC V. Amazon.com Inc., 120 USPQ2d 1210 (Fed. Cir. 2016)) and also displaying certain results of the collection and analysis found by the courts to be abstract idea (Elec. Power Grp., LLC V. Alstom S.A., 119 USPQ2d 1739 (Fed. Cir. 2016).
Conclusion: Claim 1 is directed to an abstract idea.
Step 2: Does the claim recite an inventive concept sufficient to transform the abstract idea into patent-eligible subject matter?
The claim recites implementation on generic data processing hardware and routine computer components such as applications and monitoring modules executing on the user device. There is no recitation of a specific improvement to the functioning of the computer or any particular hardware configuration that improves the performance of the device or the speech recognition system.
Each limitation can be viewed as conventional computer functions or generic data processing:
Calculating differences and weights (basic data calculating).
Modifying a parameter (basic data calculating and decision-making).
Coding the frame (routine data coding).
The claim does not recite any technical details about how the coding process operates differently from conventional coding process, nor does it describe any novel hardware or software architecture that improves computer functionality. The steps are performed on generic hardware without any specific enhancement to the technology.
The claim thus fails to recite an inventive concept sufficient to transform the abstract idea into a patent-eligible invention. See Alice, 573 U.S. at 221 (holding that implementing an abstract idea on a generic computer is insufficient).
Therefore, claim 1 does not amount to significantly more than the abstract idea itself. With respect to independent claims 9 and 17, claims 9 and 17 are similar to claim 1.
Accordingly, the Examiner maintains that the rejection at this time. Please see the whole analysis below.
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 claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-21 are rejected on the ground of nonstatutory double patenting over claims 1, 6-7 and 9-10 of U.S. Patent No. 9,812,143. Although the claims at issue are not identical, they are not patentably distinct from each other because removing inherent and/or unnecessary limitations/step and rearranging the claims would be within the level of one of ordinary skill in the art. It is well settled that the omission of an element, e.g. “determine the first modification weight b using the specific formula”, and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Omission of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
Instant Application No. 18/917,679
U.S. Patent No. 9,812,143
1. A method, comprising:
calculating linear spectral frequency (LSF) differences of a current frame of an audio signal by subtracting each LSF parameter of the current frame from the next higher-order LSF parameter of the current frame;
calculating LSF differences of a previous frame of the audio signal by subtracting each LSF parameter of the previous frame from the next higher-order LSF parameter of the previous frame;
calculating, according to linear spectral frequency (LSF) differences of a current frame of an audio signal and LSF differences of a previous frame of the audio signal, a first modification weight;
modifying, according to the first modification weight, a linear predictive parameter of the current frame to obtain a modified linear predictive parameter; and
coding, according to the modified linear predictive parameter, the current frame.
2. The method of claim 1, wherein before calculating the first modification weight, the method further comprises:
obtaining the audio signal; and
performing linear prediction analysis on the audio signal to obtain the linear predictive parameter of the current frame.
3. The method of claim 1, wherein calculating the first modification weight comprises calculating the first modification weight in response to a signal characteristic of the audio signal meeting a preset modification condition.
4. The method of claim 3, wherein before calculating the first modification weight, the method further comprises detecting whether the signal characteristic of the audio signal meets the preset modification condition.
5. The method of claim 4, wherein the signal characteristic of the audio signal meets the preset modification condition when the current frame is not a transition frame.
6. The method of claim 5, wherein the current frame is the transition frame when a tilt of the previous frame is greater than a tilt threshold value and a coder type of the current frame is transient.
7. The method of claim 5, wherein the current frame is the transition frame when a tilt of the previous frame is greater than a first tilt threshold value and a tilt of the current frame is less than a second tilt threshold value.
8. The method of claim 5, wherein the current frame is the transition frame when a tilt of the previous frame is less than a first tilt threshold value, when the previous frame is voiced, generic, transition, or audio, and when a tilt of the current frame is greater than a second tilt threshold value.
1. An audio coding method comprising:
obtaining an audio signal; performing linear prediction analysis on the audio signal to obtain a linear predictive parameter of a current frame of the audio signal;
determining a first modification weight according to linear spectral frequency (LSF) differences of the current frame of the audio signal and LSF differences of a previous frame of the current frame of the audio signal, when a signal characteristic of the current frame and a signal characteristic of the previous frame meet a preset modification condition, wherein determining the first modification weight according to LSF differences of the current frame and LSF differences of the previous frame of the current frame of the audio signal comprises determining the first modification weight according to the LSF differences of the current frame and the LSF differences of the previous frame according to
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wherein w[i] is the first modification weight, wherein lsf_new_diff[i] is the LSF differences of the current frame, wherein lsf_old_diff[i] is the LSF differences of the previous frame, wherein a value of i ranges from 1 to M-2, and wherein M is an order of the linear predictive parameter;
modifying the linear predictive parameter of the current frame according to the determined first modification weight; and
coding the current frame according to the modified linear predictive parameter.
6. The method according to claim 1, wherein the signal characteristic of the current frame and the signal characteristic of the previous frame meet a preset modification condition when the current frame is not a transition frame, and wherein the transition frame comprises a transition from a non-fricative to a fricative or a transition from the fricative to the non-fricative.
7. The method according to claim 2, wherein the signal characteristic of the current frame and the signal characteristic of the previous frame do not meet the preset modification condition, when the current frame is a transition frame.
8. The method according to claim 6, wherein the current frame is the transition frame from the fricative to the non-fricative when a spectrum tilt frequency of the previous frame is greater than a first spectrum tilt frequency threshold and a coding type of the current frame is transient.
9. The method according to claim 6, wherein the current frame is the transition frame from the fricative to the non-fricative, when a spectrum tilt frequency of the previous frame is greater than a first spectrum tilt frequency threshold and the spectrum tilt frequency of the current frame is less than a second spectrum tilt frequency threshold.
10. The method according to claim 6, wherein the current frame is the transition frame from the non-fricative to the fricative, when a spectrum tilt frequency of the previous frame is less than a first spectrum tilt frequency threshold, and wherein a coding type of the previous frame is one of voiced, generic, transient, or audio, and wherein the spectrum tilt frequency of the current frame is greater than a second spectrum tilt frequency threshold.
Claims 1-21 are rejected on the ground of nonstatutory double patenting over claims 1, 2, and 6-9 of U.S. Patent No. 10,460,741. Although the claims at issue are not identical, they are not patentably distinct from each other because adding inherent and/or unnecessary limitations/step and rearranging the claims would be within the level of one of ordinary skill in the art. It is well settled that the insertion of an element, e.g. “determine the first modification weight b using the specific formula” and “setting preset value range”, and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Insertion of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
Instant Application No. 18/917,679
U.S. Patent No. 10,460,741
1. A method, comprising:
calculating linear spectral frequency (LSF) differences of a current frame of an audio signal by subtracting each LSF parameter of the current frame from the next higher-order LSF parameter of the current frame;
calculating LSF differences of a previous frame of the audio signal by subtracting each LSF parameter of the previous frame from the next higher-order LSF parameter of the previous frame;
calculating, according to the LSF differences of the current frame and LSF differences of the previous frame, a first modification weight;
modifying, according to the first modification weight, a linear predictive parameter of the current frame to obtain a modified linear predictive parameter; and
coding, according to the modified linear predictive parameter, the current frame.
calculating, according to linear spectral frequency (LSF) differences of a current frame of an audio signal and LSF differences of a previous frame of the audio signal, a first modification weight;
modifying, according to the first modification weight, a linear predictive parameter of the current frame to obtain a modified linear predictive parameter; and
coding, according to the modified linear predictive parameter, the current frame.
2. The method of claim 1, wherein before calculating the first modification weight, the method further comprises:
obtaining the audio signal; and performing linear prediction analysis on the audio signal to obtain the linear predictive parameter of the current frame.
3. The method of claim 1, wherein calculating the first modification weight comprises calculating the first modification weight in response to a signal characteristic of the audio signal meeting a preset modification condition.
4. The method of claim 3, wherein before calculating the first modification weight, the method further comprises detecting whether the signal characteristic of the audio signal meets the preset modification condition.
5. The method of claim 4, wherein the signal characteristic of the audio signal meets the preset modification condition when the current frame is not a transition frame.
6. The method of claim 5, wherein the current frame is the transition frame when a tilt of the previous frame is greater than a tilt threshold value and a coder type of the current frame is transient.
7. The method of claim 5, wherein the current frame is the transition frame when a tilt of the previous frame is greater than a first tilt threshold value and a tilt of the current frame is less than a second tilt threshold value.
8. The method of claim 5, wherein the current frame is the transition frame when a tilt of the previous frame is less than a first tilt threshold value, when the previous frame is voiced, generic, transition, or audio, and when a tilt of the current frame is greater than a second tilt threshold value.
1. An audio coding method, comprising:
obtaining an audio signal;
performing linear prediction analysis on the audio signal to obtain a linear predictive parameter of a current frame of the audio signal;
determining a first modification weight according to linear spectral frequency (LSF) differences of the current frame of the audio signal and LSF differences of a previous frame of the current frame of the audio signal, when a signal characteristic of the current frame meets a preset modification condition;
modifying the linear predictive parameter of the current frame according to a preset value when the current frame of the audio signal is a transition frame, wherein the preset value is greater than 0 and is less than or equal to 1;
coding the current frame of the audio signal according to the modified linear predictive parameter of the current frame.
2. The method of claim 1, wherein determining the first modification weight according to the LSF differences of the current frame of the audio signal and the LSF differences of the previous frame of the current frame of the audio signal is determined according to the formula:
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wherein w[i] is the first modification weight, wherein lsf_new_diff[i] is the LSF differences of the current frame, wherein lsf_old_diff[i] is the LSF differences of the previous frame, and wherein i is an integer.
6. The method of claim 1, wherein the signal characteristic of the current frame meets the preset modification condition when the current frame is not a transition frame.
7. The method of claim 6, wherein a frame is a transition frame when a tilt of a previous frame of the current frame is greater than a tilt threshold value and a coder type of the frame is transient.
8. The method of claim 6, wherein a frame is a transition frame when a tilt of the previous frame of the current frame is greater than a first tilt threshold value and a tilt of the current frame is less than a second tilt threshold value.
9. The method of claim 6, wherein a frame is a transition frame when a tilt of a previous frame of the current frame is less than a first tilt threshold value and a coder type of the previous frame is one of four types of VOICED, GENERIC,TRANSITION or AUDIO, and wherein a tilt of the current frame is greater than a second tilt threshold value.
Claims 1-21 are rejected on the ground of nonstatutory double patenting over claims 1-9 of U.S. Patent No. 12,136,430. Although the claims at issue are not identical, they are not patentably distinct from each other because adding inherent and/or unnecessary limitations/step and rearranging the claims would be within the level of one of ordinary skill in the art. It is well settled that the insertion of an element, e.g. “determine the first modification weight b using the specific formula”, and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA 1963). Also note Ex parte Rainu, 168 USPQ 375 (Bd. App. 1969). Insertion of a reference element or step whose function is not needed would be obvious to one of ordinary skill in the art.
Instant Application No. 18/917,679
U.S. Patent No. 12,136,430
1. A method, comprising:
calculating linear spectral frequency (LSF) differences of a current frame of an audio signal by subtracting each LSF parameter of the current frame from the next higher-order LSF parameter of the current frame;
calculating LSF differences of a previous frame of the audio signal by subtracting each LSF parameter of the previous frame from the next higher-order LSF parameter of the previous frame;
calculating, according to the LSF differences of the current frame and LSF differences of the previous frame, a first modification weight;
modifying, according to the first modification weight, a linear predictive parameter of the current frame to obtain a modified linear predictive parameter; and
coding, according to the modified linear predictive parameter, the current frame.
2. The method of claim 1, wherein before calculating the first modification weight, the method further comprises:
obtaining the audio signal; and
performing linear prediction analysis on the audio signal to obtain the linear predictive parameter of the current frame.
3. The method of claim 1, wherein calculating the first modification weight comprises calculating the first modification weight in response to a signal characteristic of the audio signal meeting a preset modification condition.
4. The method of claim 3, wherein before calculating the first modification weight, the method further comprises detecting whether the signal characteristic of the audio signal meets the preset modification condition.
5. The method of claim 4, wherein the signal characteristic of the audio signal meets the preset modification condition when the current frame is not a transition frame.
6. The method of claim 5, wherein the current frame is the transition frame when a tilt of the previous frame is greater than a tilt threshold value and a coder type of the current frame is transient.
7. The method of claim 5, wherein the current frame is the transition frame when a tilt of the previous frame is greater than a first tilt threshold value and a tilt of the current frame is less than a second tilt threshold value.
8. The method of claim 5, wherein the current frame is the transition frame when a tilt of the previous frame is less than a first tilt threshold value, when the previous frame is voiced, generic, transition, or audio, and when a tilt of the current frame is greater than a second tilt threshold value.
1. An audio coding method comprising: determining a first modification weight according to linear spectral frequency (LSF) differences of an audio frame and LSF differences of a previous audio frame of the audio frame when the audio frame is not a transition frame; modifying a linear predictive parameter of the audio frame according to the first modification weight to generate a modified linear predictive parameter of the audio frame, wherein the first modification weight satisfies the following formula:
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wherein w[i] is the first modification weight, wherein lsf new diff[i] is the LSF differences of the audio frame, wherein lsf_old_diff[i] is the LSF differences of the previous audio frame, wherein i is an order of the LSF differences of the audio frame and the LSF differences of the previous audio frame, wherein a value of i ranges from 0 to M-1, and wherein M is an order of the linear predictive parameter, and
coding the audio frame according to the modified linear predictive parameter.
5. An audio coding method, comprising:
determining a first modification weight according to linear spectral frequency (LSF) differences of an audio frame and LSF differences of a previous audio frame of the audio frame when the audio frame is not a transition frame;
modifying a linear predictive parameter of the audio frame according to the first modification weight to generate a modified linear predictive parameter of the audio frame; and
coding the audio frame according to the modified linear predictive parameter,
wherein the audio frame is not the transition frame when the following conditions are not satisfied:
a spectrum tilt frequency of the previous audio frame is greater than a first spectrum tilt frequency threshold and a coding type of the audio frame is transient; and
the spectrum tilt frequency of the previous audio frame is greater than the first spectrum tilt frequency threshold and a spectrum tilt frequency of the audio frame is less than a second spectrum tilt frequency threshold; and
the spectrum tilt frequency of the previous audio frame is less than a third spectrum tilt frequency threshold and a coding type of the previous audio frame is voiced.
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 therefore, subject to the conditions and requirements of this title.
Claims 1-21 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A: The independent claim 1 recites “calculating linear spectral frequency (LSF) differences of a current frame of an audio signal by subtracting each LSF parameter of the current frame from the next higher-order LSF parameter of the current frame; calculating LSF differences of a previous frame of the audio signal by subtracting each LSF parameter of the previous frame from the next higher-order LSF parameter of the previous frame; calculating, according to linear spectral frequency (LSF) differences of a current frame of an audio signal and LSF differences of a previous frame of the audio signal, a first modification weight; modifying, according to the first modification weight, a linear predictive parameter of the current frame to obtain a modified linear predictive parameter; and coding, according to the modified linear predictive parameter, the current frame”. These activities reflect calculating weight, modifying parameter and coding a frame and is a process that, under its broadest reasonable interpretation, could be performed in the human mind and requires no more than a performing of generic computer functions (e.g. collecting data, calculating mathematical formula).
Accordingly, the claim is “directed to” an abstract idea (mental processes + organizing human activity).
Step 2A, Prong Two: This judicial exception is not integrated into a practical application. The computer is recited at a high-level of generality (i.e., as performing a generic computer function and being used as an applying) such that it amounts no more than mere instructions to apply the exception using a generic computer. Accordingly, there additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B — Claims Do Not Recite an Inventive Concept That Transforms the Mental Process into Patent-Eligible Subject Matter
The claim recites “memory” and “processor” which are recited at a high-level of generality (i.e., as a generic processor performing generic computer functions and being used as an applying) such that it amounts no more than mere instructions to apply the exception using a generic computer component as well. These claims further do not remedy the judicial exception being integrated into a practical application and further fail to include additional elements that are sufficient to amount to significantly more than the judicial exception.
Applying Alice step two and relevant Federal Circuit precedent:
The recitation of conventional computer components (memory and processor) performing routine functions does not supply an inventive concept.
The claims recite high-level, result-oriented steps (e.g., “calculate,” “modify,” “code”) that describe mental processes rather than specific technical means for performing those processes.
Because the claims lack limitations that tie the mental-process steps to a particular way of achieving a technological improvement the additional elements do not transform the mental processes into significantly more.
Therefore, claims 1, 9 and 17 fail to recite an inventive concept sufficient to transform the judicial exception into patent-eligible subject matter.
With respect to dependent claims 2-8, 10-16, and 18-21, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Conclusion — Rejection
Claims 1-21 are rejected under 35 U.S.C. § 101 as being directed to a judicial exception (mental processes) and failing to recite additional elements that amount to significantly more than the judicial exception.
Allowable Subject Matter
Claims 1-21 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 and Double Patent Rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see attached form PTO-892.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEONG-AH A. SHIN whose telephone number is (571)272-5933. The examiner can normally be reached 9 AM-3PM.
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Seong-ah A. Shin
Primary Examiner
Art Unit 2659
/SEONG-AH A SHIN/Primary Examiner, Art Unit 2659
