DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 1 objected to because of the following informalities: lines 3, 4, and 5 should begin with “means for” instead of “means or”. 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.
Claims 1-2 and 9-10 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 8-9 of U.S. Patent No. 10,121,481. Although the claims at issue are not identical, they are not patentably distinct from each other as outlined in the table below.
Instant Application
Patent 10,121,481
Claim 1:
Claim 8:
An audio decoder for decoding an audio signal that has been encoded with separate gain and shape representations, said audio decoder comprising:
An apparatus configured to decode encoded audio signals and comprising:
input circuitry configured to receive an encoded audio signal comprising a set of gain values and a corresponding set of shape vectors,
means or decoding an encoded gain representation;
each gain value representing the energy of a frequency sub-band in a frequency transform of an input audio signal,
means or deriving a bit allocation for a shape representation;
each corresponding shape vector representing a fine structure of the frequency transform in the frequency sub-band;
means or decoding an encoded shape representation, wherein the shape has been encoded using a pulse vector coding scheme where pulses may be added on top of each other to form pulses of different height;
Claim 9:
wherein each shape vector comprises a pulse vector and wherein the gain correction circuitry is configured to calculate the accuracy measure for the shape vector by calculating the accuracy measure as a function of the number of pulses allocated to the pulse vector, as said quantization resolution, and a maximum pulse height for the pulse vector, and wherein greater pulse allocations correspond to higher accuracy and smaller pulse allocations correspond to lower accuracy.
means for estimating an accuracy measure of the shape representation for a frequency band, the frequency band comprising plurality of coefficients, wherein the accuracy measure is based on a number of pulses and a height of a maximum pulse, and for determining a gain correction, wherein the gain correction is determined based on the estimated accuracy measure;
Claim 9:
wherein each shape vector comprises a pulse vector and wherein the gain correction circuitry is configured to calculate the accuracy measure for the shape vector by calculating the accuracy measure as a function of the number of pulses allocated to the pulse vector, as said quantization resolution, and a maximum pulse height for the pulse vector, and wherein greater pulse allocations correspond to higher accuracy and smaller pulse allocations correspond to lower accuracy;
obtaining a set of corrected gain values by scaling each gain value as a function of the accuracy measure calculated for the corresponding shape vector;
means for adjusting the gain representation based on the determined gain correction.
obtaining a set of corrected gain values by scaling each gain value as a function of the accuracy measure calculated for the corresponding shape vector;
Claim 2:
Claim 8:
The audio decoder of claim 1, wherein the gain correction also depends on the frequency band.
gain correction circuitry configured to: determine an accuracy measure for each shape vector as a function of a quantization resolution the shape vector, the accuracy measure reflecting how accurately the shape vector represents the fine structure of the frequency transform in the frequency sub-band corresponding to the shape vector,
Claim 3:
The audio decoder of claim 1, wherein the means for estimating an accuracy measure further comprises:
an attenuation estimation means for estimating a gain attenuation that depends on allocated bit rate;
a shape accuracy estimation means for estimating the accuracy measure; and
a gain correction means for determining a gain correction based on the estimated accuracy measure and the estimated gain attenuation.
Claim 4:
The audio decoder of claim 3, wherein the attenuation estimation means for estimating a gain attenuation is implemented as a lookup table.
Claim 5:
The audio decoder of claim 3, wherein the shape accuracy estimation means for estimating the accuracy measure is a lookup table.
Claim 6:
The audio decoder of claim 3, wherein the shape accuracy estimation means for estimating the accuracy measure is configured to estimate the accuracy measure from a linear function of the maximum pulse height and the allocated bit rate.
Claim 7:
The audio decoder of claim 1, wherein the means for estimating an accuracy measure is configured to adapt the gain correction to a determined audio signal class.
Claim 8:
A network node comprising the audio decoder in accordance with claim 1.
Claim 9:
Claim 1:
A method for decoding an audio signal that has been encoded with separate gain and shape representations, said method comprising:
A method of decoding an encoded audio signal comprising:
receiving an encoded audio signal comprising a set of gain values and a corresponding set of shape vectors,
receiving and decoding an encoded gain representation;
each gain value representing the energy of a frequency sub-band in a frequency transform of an input audio signal,
deriving a bit allocation for a shape representation;
each corresponding shape vector representing a fine structure of the frequency transform in the frequency sub-band;
receiving and decoding an encoded shape representation, wherein the shape has been encoded using a pulse vector coding scheme where pulses may be added on top of each other to form pulses of different height;
Claim 2:
wherein each shape vector comprises a pulse vector and wherein calculating the accuracy measure for the shape vector comprises calculating the accuracy measure as a function of the number of pulses allocated to the pulse vector, as said quantization resolution, and a maximum pulse height for the pulse vector, and wherein greater pulse allocations correspond to higher accuracy and smaller pulse allocations correspond to lower accuracy.
estimating an accuracy measure of the shape representation for a frequency band, the frequency band comprising plurality of coefficients, wherein the accuracy measure is based on a number of pulses and a height of a maximum pulse;
Claim 2: wherein each shape vector comprises a pulse vector and wherein calculating the accuracy measure for the shape vector comprises calculating the accuracy measure as a function of the number of pulses allocated to the pulse vector, as said quantization resolution, and a maximum pulse height for the pulse vector, and wherein greater pulse allocations correspond to higher accuracy and smaller pulse allocations correspond to lower accuracy.
determining a gain correction based on the estimated accuracy measure; and
obtaining a set of corrected gain values by scaling each gain value as a function of the accuracy measure calculated for the corresponding shape vector;
adjusting the gain representation based on the determined gain correction.
obtaining a set of corrected gain values by scaling each gain value as a function of the accuracy measure calculated for the corresponding shape vector;
Claim 10:
Claim 1:
The method of claim 9, wherein the gain correction also depends on the frequency band.
determining an accuracy measure for each shape vector as a function of a quantization resolution the shape vector, the accuracy measure reflecting how accurately the shape vector represents the fine structure of the frequency transform in the frequency sub-band corresponding to the shape vector,
Claim 11:
The method of claim 9, further comprising:
estimating a gain attenuation that depends on allocated bit rate;
determining the gain correction based on the estimated accuracy measure and the estimated gain attenuation.
Claim 12:
The method of claim 11, wherein the gain attenuation is estimated from a lookup table.
Claim 13:
The method of claim 11, further comprising estimating the accuracy measure from a lookup table.
Claim 14:
The method of claim 11, further comprising estimating the accuracy measure from a linear function of the maximum pulse height and the allocated bit rate.
Claim 15:
The method of claim 9, further comprising adapting the gain correction to a determined audio signal class.
Claims 1-15 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 and 16 of U.S. Patent No. 10,460,739. Although the claims at issue are not identical, they are not patentably distinct from each other because as outlined in the table below.
Instant Application
Patent 10,460,739
Claim 1:
Claim 8:
An audio decoder for decoding an audio signal that has been encoded with separate gain and shape representations, said audio decoder comprising:
A gain adjustment apparatus for use in decoding an audio signal that has been encoded with separate gain and shape representations, said apparatus comprising:
means or decoding an encoded gain representation;
adjust the gain representation
means or deriving a bit allocation for a shape representation;
wherein the shape representation encodes a shape vector comprising coefficients of the audio signal for the frequency band,
means or decoding an encoded shape representation, wherein the shape has been encoded using a pulse vector coding scheme where pulses may be added on top of each other to form pulses of different height;
wherein the shape vector has been encoded using a pulse vector coding scheme where pulses may be added on top of each other to form pulses of different height,
means for estimating an accuracy measure of the shape representation for a frequency band, the frequency band comprising plurality of coefficients, wherein the accuracy measure is based on a number of pulses and a height of a maximum pulse, and for determining a gain correction, wherein the gain correction is determined based on the estimated accuracy measure;
the accuracy measure is based on the number of pulses used for encoding the shape vector and a height of the maximum pulse in the shape representation;
to determine a gain correction based on the accuracy measure,
means for adjusting the gain representation based on the determined gain correction.
a second digital processing circuit that is configured to adjust the gain representation for the frequency band based on the determined gain correction.
Claim 2:
Claim 9:
The audio decoder of claim 1, wherein the gain correction also depends on the frequency band.
The apparatus of claim 8, wherein the first digital processing circuit is further configured to determine the gain correction in dependence on a position of the frequency band relative to one or more defined frequency thresholds.
Claim 3:
Claim 10:
The audio decoder of claim 1, wherein the means for estimating an accuracy measure further comprises:
The apparatus of claim 8, wherein the first digital processing circuit is further configured to
an attenuation estimation means for estimating a gain attenuation that depends on allocated bit rate;
estimate a gain attenuation that depends on an allocated bit rate used for the shape representation, and
a shape accuracy estimation means for estimating the accuracy measure; and
Claim 8: estimate an accuracy measure of the shape representation for a frequency band of the audio signal,
a gain correction means for determining a gain correction based on the estimated accuracy measure and the estimated gain attenuation.
wherein the first digital processing circuit is configured to determine the gain correction based on the estimated accuracy measure and the estimated gain attenuation.
Claim 4:
Claim 11:
The audio decoder of claim 3, wherein the attenuation estimation means for estimating a gain attenuation is implemented as a lookup table.
The apparatus of claim 10, wherein the first digital processing circuit is configured to estimate the gain attenuation using a lookup table that associates different gain attenuations with different allocated bit rates or ranges of allocated bit rates.
Claim 5:
Claim 12:
The audio decoder of claim 3, wherein the shape accuracy estimation means for estimating the accuracy measure is a lookup table.
The apparatus of claim 10, wherein the first digital processing circuit is configured to estimate the accuracy measure from a lookup table that associates different accuracy measures with different numbers of pulses and/or different heights of the maximum pulse, as used for the shape representation.
Claim 6:
Claim 13:
The audio decoder of claim 3, wherein the shape accuracy estimation means for estimating the accuracy measure is configured to estimate the accuracy measure from a linear function of the maximum pulse height and the allocated bit rate.
The apparatus of claim 10, wherein the first digital processing circuit is configured to estimate the accuracy measure from a linear function of the maximum pulse height and the allocated bit rate.
Claim 7:
Claim 14:
The audio decoder of claim 1, wherein the means for estimating an accuracy measure is configured to adapt the gain correction to a determined audio signal class.
The apparatus of claim 8, wherein the first digital processing circuit is configured to adapt the gain correction to a determined audio signal class of the audio signal.
Claim 8:
Claim 16:
A network node comprising the audio decoder in accordance with claim 1.
A network node comprising the decoder of claim 15.
Claim 9:
Claim 1:
A method for decoding an audio signal that has been encoded with separate gain and shape representations, said method comprising:
A gain adjustment method, performed by a gain adjustment apparatus, in decoding an audio signal that has been encoded with separate gain and shape representations, said method comprising:
receiving and decoding an encoded gain representation;
adjusting the gain representation
deriving a bit allocation for a shape representation;
wherein the shape representation encodes a shape vector comprising coefficients of the audio signal for the frequency band
receiving and decoding an encoded shape representation, wherein the shape has been encoded using a pulse vector coding scheme where pulses may be added on top of each other to form pulses of different height;
wherein the shape vector has been encoded using a pulse vector coding scheme where pulses may be added on top of each other to form pulses of different height,
estimating an accuracy measure of the shape representation for a frequency band, the frequency band comprising plurality of coefficients, wherein the accuracy measure is based on a number of pulses and a height of a maximum pulse;
the accuracy measure is based on the number of pulses used for encoding the shape vector and a height of the maximum pulse in the shape representation;
determining a gain correction based on the estimated accuracy measure; and
determining, based on the estimated accuracy measure, a gain correction; and
adjusting the gain representation based on the determined gain correction.
adjusting the gain representation for the frequency band based on the determined gain correction.
Claim 10:
Claim 2:
The method of claim 9, wherein the gain correction also depends on the frequency band.
The method of claim 1, further comprising determining the gain correction in dependence on a position of the frequency band relative to one or more defined frequency thresholds.
Claim 11:
Claim 3:
The method of claim 9, further comprising:
The method of claim 1, further comprising:
estimating a gain attenuation that depends on allocated bit rate;
estimating a gain attenuation that depends on an allocated bit rate used for the shape representation;
determining the gain correction based on the estimated accuracy measure and the estimated gain attenuation.
determining the gain correction based on the estimated accuracy measure and the estimated gain attenuation.
Claim 12:
Claim 4:
The method of claim 11, wherein the gain attenuation is estimated from a lookup table.
The method of claim 3, further comprising estimating the gain attenuation from a lookup table that associates different gain attenuations with different allocated bit rates or ranges of allocated bit rates.
Claim 13:
Claim 5:
The method of claim 11, further comprising estimating the accuracy measure from a lookup table.
The method of claim 3, further comprising estimating the accuracy measure from a lookup table that associates different accuracy measures with different numbers of pulses and/or different heights of the maximum pulse, as used for the shape representation.
Claim 14:
Claim 6:
The method of claim 11, further comprising estimating the accuracy measure from a linear function of the maximum pulse height and the allocated bit rate.
The method of claim 3, further comprising estimating the accuracy measure from a linear function of the maximum pulse height and the allocated bit rate.
Claim 15:
Claim 7:
The method of claim 9, further comprising adapting the gain correction to a determined audio signal class.
The method of claim 1, further comprising adapting the gain correction to a determined audio signal class of the audio signal.
Claims 1-2 and 9-10 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 9-11 of U.S. Patent No. 11,056,125. Although the claims at issue are not identical, they are not patentably distinct from each other because as outlined in the table below.
Instant Application
Patent 11,056,125
Claim 1:
Claim 9:
An audio decoder for decoding an audio signal that has been encoded with separate gain and shape representations, said audio decoder comprising:
An audio decoder comprising: input circuitry configured to receive an encoded audio signal comprising a set of gain values and a corresponding set of shape vectors,
means or decoding an encoded gain representation;
each gain value representing the energy of a frequency sub-band in a frequency transform of an input audio signal,
means or deriving a bit allocation for a shape representation;
each corresponding shape vector representing a fine structure of the frequency transform in the frequency sub-band;
means or decoding an encoded shape representation, wherein the shape has been encoded using a pulse vector coding scheme where pulses may be added on top of each other to form pulses of different height;
Claim 10:
wherein each shape vector comprises a pulse vector and wherein the audio decoder is configured to determine the accuracy measure for the shape vector by calculating the accuracy measure as a function of the number of pulses allocated to the pulse vector, as said quantization resolution, and a maximum pulse height for the pulse vector, and wherein greater pulse allocations correspond to higher accuracy and smaller pulse allocations correspond to lower accuracy.
means for estimating an accuracy measure of the shape representation for a frequency band, the frequency band comprising plurality of coefficients, wherein the accuracy measure is based on a number of pulses and a height of a maximum pulse, and for determining a gain correction, wherein the gain correction is determined based on the estimated accuracy measure;
Claim 10:
wherein each shape vector comprises a pulse vector and wherein the audio decoder is configured to determine the accuracy measure for the shape vector by calculating the accuracy measure as a function of the number of pulses allocated to the pulse vector, as said quantization resolution, and a maximum pulse height for the pulse vector, and wherein greater pulse allocations correspond to higher accuracy and smaller pulse allocations correspond to lower accuracy.
Claim 9: adjust each gain value according to the corresponding gain correction, to obtain corrected gain values;
means for adjusting the gain representation based on the determined gain correction.
adjust each gain value according to the corresponding gain correction, to obtain corrected gain values;
Claim 2:
Claim 11:
The audio decoder of claim 1, wherein the gain correction also depends on the frequency band.
wherein the audio decoder is configured to determine the accuracy measure for each shape vector as a further function of the number of pulses allocated to the pulse vector in relation to a bandwidth of the frequency sub-band corresponding to the shape vector.
Claim 3:
The audio decoder of claim 1, wherein the means for estimating an accuracy measure further comprises:
an attenuation estimation means for estimating a gain attenuation that depends on allocated bit rate;
a shape accuracy estimation means for estimating the accuracy measure; and
a gain correction means for determining a gain correction based on the estimated accuracy measure and the estimated gain attenuation.
Claim 4:
The audio decoder of claim 3, wherein the attenuation estimation means for estimating a gain attenuation is implemented as a lookup table.
Claim 5:
The audio decoder of claim 3, wherein the shape accuracy estimation means for estimating the accuracy measure is a lookup table.
Claim 6:
The audio decoder of claim 3, wherein the shape accuracy estimation means for estimating the accuracy measure is configured to estimate the accuracy measure from a linear function of the maximum pulse height and the allocated bit rate.
Claim 7:
The audio decoder of claim 1, wherein the means for estimating an accuracy measure is configured to adapt the gain correction to a determined audio signal class.
Claim 8:
A network node comprising the audio decoder in accordance with claim 1.
Claim 9:
Claim 1:
A method for decoding an audio signal that has been encoded with separate gain and shape representations, said method comprising:
A method of operation by a gain adjustment apparatus, the method comprising: receiving an encoded audio signal comprising a set of gain values and a corresponding set of shape vectors,
receiving and decoding an encoded gain representation;
each gain value representing the energy of a frequency sub-band in a frequency transform of an input audio signal,
deriving a bit allocation for a shape representation;
each corresponding shape vector representing a fine structure of the frequency transform in the frequency sub-band;
receiving and decoding an encoded shape representation, wherein the shape has been encoded using a pulse vector coding scheme where pulses may be added on top of each other to form pulses of different height;
Claim 2:
wherein each shape vector comprises a pulse vector and wherein determining the accuracy measure for the shape vector comprises calculating the accuracy measure as a function of the number of pulses allocated to the pulse vector, as said quantization resolution, and a maximum pulse height for the pulse vector, and wherein greater pulse allocations correspond to higher accuracy and smaller pulse allocations correspond to lower accuracy.
estimating an accuracy measure of the shape representation for a frequency band, the frequency band comprising plurality of coefficients, wherein the accuracy measure is based on a number of pulses and a height of a maximum pulse;
Claim 2:
wherein each shape vector comprises a pulse vector and wherein determining the accuracy measure for the shape vector comprises calculating the accuracy measure as a function of the number of pulses allocated to the pulse vector, as said quantization resolution, and a maximum pulse height for the pulse vector, and wherein greater pulse allocations correspond to higher accuracy and smaller pulse allocations correspond to lower accuracy.
determining a gain correction based on the estimated accuracy measure; and
adjusting each gain value according to the corresponding gain correction, to obtain corrected gain values;
adjusting the gain representation based on the determined gain correction.
adjusting each gain value according to the corresponding gain correction, to obtain corrected gain values;
Claim 10:
Claim 3:
The method of claim 9, wherein the gain correction also depends on the frequency band.
further comprising determining the accuracy measure for each shape vector as a further function of the number of pulses allocated to the pulse vector in relation to a bandwidth of the frequency sub-band corresponding to the shape vector.
Claim 11:
The method of claim 9, further comprising:
estimating a gain attenuation that depends on allocated bit rate;
determining the gain correction based on the estimated accuracy measure and the estimated gain attenuation.
Claim 12:
The method of claim 11, wherein the gain attenuation is estimated from a lookup table.
Claim 13:
The method of claim 11, further comprising estimating the accuracy measure from a lookup table.
Claim 14:
The method of claim 11, further comprising estimating the accuracy measure from a linear function of the maximum pulse height and the allocated bit rate.
Claim 15:
The method of claim 9, further comprising adapting the gain correction to a determined audio signal class.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-15 rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Using the subject matter eligibility test from page 74621 of the Federal Register Notice titled “2014 Interim Guidance on Patent Subject Matter Eligibility,” a two-step process is performed. Under step 1, the claims are analyzed to determine if the claim is directed to a process, machine, article of manufacture, or composition of matter. In this case, claims 1-8 are directed to a decoder, which is a machine or an article of manufacture, while claims 9-15 are directed to a method, which is a process. Step 2A (part 1 of the Mayo test), using the guidance from pages 50-57 of the Federal Register Vol. 84 No. 4 from Monday, January 7, 2019, requires applying a two-prong inquiry. In Prong One, examiners evaluate whether the claim recites a judicial exception, determining if the claim is directed to a law of nature, a natural phenomenon, or an abstract idea. In this case, claim 1 recites deriving a bit allocation, estimating an accuracy measure, and adjusting a gain, which are mental processes, while decoding gain and shape representations is a mathematical calculation. In Prong Two, examiners evaluate whether the judicial exception is integrated into a practical application that imposes a meaningful limit on the judicial exception. In this case, there are no additional limitations that could integrate the abstract ideas into a practical application.
Step 2B (part 2 of the Mayo test) requires analyzing the claims to determine if they recite additional elements that amount to significantly more than the judicial exception. In this case, the claims do not include additional elements that are sufficient to amount to significantly more than the abstract idea itself.
Regarding claims 1 and 9, receiving data, deriving a bit allocation, estimating an accuracy measure, and adjusting a gain are mental processes, while decoding gain and shape representations are mathematical calculations, both of which are abstract ideas without integration into a practical application and without significantly more.
Regarding claims 2, 4-8, 10, and 12-15, the limitations are further clarifications of the above abstract ideas.
Regarding claims 3 and 11, estimating attenuation and shape accuracy, and performing gain correction are mental processes or mathematical calculations, which are abstract ideas without integration into a practical application and without significantly more.
The limitations of the claims, taken alone, do not amount to significantly more than the above-identified judicial exception (the abstract idea). Looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements individually. Applicable case law cited in the Federal Register includes, but is not limited to: Alice Corp., 134 S. Ct. at 2355-56, Digitech Image Tech., LLC v. Electronics for Imaging, Inc., 758 F.3d 1344 (Fed. Cir. 2014), Benson, 409 U.S. at 63.
See "Preliminary Examination Instructions in view of the Supreme Court Decision in Alice Corporation Pty. Ltd. v. CLS Bank International, et al.," dated June 25, 2014, and the Federal Register notice titled "2014 Interim Guidance on Patent Subject Matter Eligibility" (79 FR 74618).
Allowable Subject Matter
Claims 1-15 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 and the double patenting rejection, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art of Oshikiri teaches estimating accuracy of the shape representation, while the shape vector encoded using pulses (Oshikiri para [0050]), while Schmidt teaches gain correction values (Schmidt Fig. 5 elements 502, 503, g(n), para [0044-45]). However, neither Oshikiri nor Schmidt teaches a pulse vector coding scheme where pulses may be added on top of each other to form pulses of different height, and the accuracy measure being based on the number of pulses and a height of the maximum pulse, and determining a gain correction based on the accuracy measure, in combination with the other limitations. Hence, none of the cited prior art, either alone or in combination thereof, teaches the combination of references in the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6,236,960 B1 col. 1 line 56 – col. 2 line 10 teaches having pulses occupy the same position and becoming additive; US 2005/0228652 A1 para [0100] teaches pulse amplitude when two pulses are added together.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN S BLANKENAGEL whose telephone number is (571)270-0685. The examiner can normally be reached 8:00am-5:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Richemond Dorvil can be reached at 571-272-7602. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRYAN S BLANKENAGEL/Primary Examiner, Art Unit 2658
Prosecution Insights