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 .
This Office Action is in response to correspondence filed 12 August 2026 in reference to application 18/925,354. Claims 27-40 are pending and have been examined.
Response to Amendment
The amendment filed 12 August 2026 has been accepted and considered in this office action. Claims 33 and 40 have been amended.
Response to Arguments
Applicant's arguments filed 12 August 2026 have been fully considered but they are not persuasive.
Applicant argues, see Remarks pages 5, that the double patenting rejection should be withdrawn because a terminal disclaimer has been filed. However, no terminal disclaimed appears in the file. Therefore, the double patenting rejection will not be withdrawn.
Applicant argues, see Remarks page 6, that Gao fails to teach wherein a frequency characteristic of the noise component is a spectral representation of the frame of the previously received audio signal." The examiner respectfully disagrees. Applicant argues that Gao initializing the noise to an MDCT representation of the previous frame is not the frequency characteristic as claimed. The claim does not specify what the frequency characteristic is or how long it should be used or how it is used. As pointed out by applicant, Gao initializes noise energy using the previous MDCT coefficient. Thus the MDCT coefficient can be the “spectral representation” that is claimed as the frequency characteristic. Although applicant’s invention may function differently, this difference is not clear in the broadest reasonable interpretation of the claim. Therefore, Gao teaches this limitation as claimed.
Applicant argues, see Remarks pages 7-8 that Gao and Tomiumi fail to teach “determining whether a number n of lost or erroneous frames exceeds a threshold; if the number n of lost or erroneous frames does not exceed the threshold, adding the noise component to the substitution frame spectrum; [and] if the number n of lost or erroneous frames exceeds the threshold, applying attenuation to the noise component before adding the noise component to the substitution frame spectrum." The examiner respectfully disagrees. The cited portion of Tomiumi teaches attenuating the replacement signal based on the length of the error signal. Tomiumi makes a distinction between “long” and “short,” which indicates a value would separate the “long” and “short,” i.e. a threshold. Additionally, the claim does not prohibit the noise component from being attenuated at all when the length is below the threshold. All that is required is that the signal is attenuated with the threshold is exceeded. Tomiumi teaches attenuating the replacement signal when the error is “long” and thus teaches the limitation.
Applicant next argues, see Remarks page 8, that it would not have been obvious to combine Tomiumi with Gao. Applicant argues that one of ordinary skill the art would not have combined the multi-mode concealment system of Tomiumi with the single mode system of Gao. However, Tomiumi 0007-10, specifically describes shortcomings of single mode systems, such as discontinuities and other defects which negatively affect the audio quality. Thus, one of ordinary skill in the art would have thought to apply a multi-mode system as an improvement on Gao in order to help eliminate such shortcomings. Therefore, it would have been obvious to combine Gao and Tomiumi.
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 27, 28, 33-35, and 40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5, 13, 17, 23, and 24 of U.S. Patent No. 11,964,699, claims 1, 5, 13, 17, 23, and 24 of U.S. Patent No. 11,100,936, claims 1, 5, 14, 18, 24, and 25 of U.S. Patent No. 10,529,341, and claims 1, 11, 12, 14, and 22 of U.S. Patent No. 9,973,327. Although the claims at issue are not identical, they are not patentably distinct from each other because the previous patents anticipate the claims as laid out in the chart below.
Instant Application
US Patent 11,694,699
US Patent 11,100,936
U.S. Patent 10,529,341
U.S. Patent 9,973,327
Claim 27: A packet loss concealment method for burst error handling, the method comprising:
Claim 1: A method, comprising:
Claim 1: A method, comprising:
Claim 1: A method, comprising:
Claim 1: A method, comprising:
determining a substitution frame spectrum based on a spectrum of a frame of a previously received audio signal;
generating a substitution frame for a lost frame based on a spectrum of the audio signal in a previously received frame;
generating a substitution frame for a lost frame based on a spectrum of the audio signal in a previously received frame;
constructing a substitution frame for a lost frame based on the sinusoidal analysis of the at least part of the audio signal;
constructing the substitution frame comprises time-evolution of the sinusoidal components of the buffered first signal
determining a noise component, wherein a frequency characteristic of the noise component is a spectral representation of the frame of the previously received audio signal;
adding.., a noise component to the substitution frame, wherein the noise component has a frequency characteristic corresponding to a low-resolution spectral representation, wherein the low-resolution spectral representation is based on a magnitude spectrum of the audio signal in the previously received frame.
adding.. a noise component to the substitution frame, wherein the noise component has a frequency characteristic corresponding to a low-resolution spectral representation, wherein the low-resolution spectral representation is based on a magnitude spectrum of the audio signal in the previously received frame.
adding.. a noise component to the substitution frame, wherein the noise component has a frequency characteristic corresponding to a low-resolution spectral representation, wherein the low-resolution spectral representation is based on a magnitude spectrum of the audio signal in the previously received frame.
adding.. a noise component to the substitution frame, wherein the noise component has a frequency characteristic corresponding to a low-resolution spectral representation, wherein the low-resolution spectral representation is based on a magnitude spectrum of the audio signal in the previously received frame.
determining whether a number n of lost or erroneous frames exceeds a threshold;
Claim 23: when the burst error length n exceeds a second nonzero threshold larger than the first nonzero threshold.
Claim 23: when the burst error length n exceeds a second nonzero threshold larger than the first nonzero 25threshold.
Claim 24: when the burst error length n exceeds a second nonzero threshold at least as large as the first nonzero threshold.
Claim 11: when said burst error length n exceeds a second threshold T2 at least as large as said first threshold.
if the number n of lost or erroneous frames does not exceed the threshold, adding the noise component to the substitution frame spectrum;
Claim 23: The receiving entity of claim 19, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor y to fl(m) when the burst error length n exceeds a second nonzero threshold larger than the first nonzero threshold.
Claim 23: The receiving entity of claim 19, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor γC to β (m) when the burst error length n exceeds a second nonzero threshold larger than the first nonzero 25threshold.
Claim 24: The receiving entity of claim 7, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor γ to β(m) when the burst error length n exceeds a second nonzero threshold at least as large as the first nonzero threshold.
Claim 11: The method of claim 5, further comprising: applying a long-term attenuation factor .gamma. to /3(m) when said burst error length n exceeds a second threshold T2 at least as large as said first threshold.
if the number n of lost or erroneous frames exceeds the threshold, applying attenuation to the noise component before adding the noise component to the substitution frame spectrum.
Claim 23: The receiving entity of claim 19, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor y to fl(m) when the burst error length n exceeds a second nonzero threshold larger than the first nonzero threshold.
Claim 23: The receiving entity of claim 19, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor γC to β (m) when the burst error length n exceeds a second nonzero threshold larger than the first nonzero 25threshold.
Claim 24: The receiving entity of claim 7, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor γ to β(m) when the burst error length n exceeds a second nonzero threshold at least as large as the first nonzero threshold.
Claim 11: The method of claim 5, further comprising: applying a long-term attenuation factor .gamma. to /3(m) when said burst error length n exceeds a second threshold T2 at least as large as said first threshold.
Claim 28: The method according to claim 27, wherein the threshold is greater than or equal to 10.
Claim 24: The receiving entity of claim 23, wherein the second nonzero 25 threshold is greater than or equal to 10.
Claim 24: The receiving entity of claim 23, wherein the second nonzero threshold is greater than or equal to 10.
Claim 25: The receiving entity of claim 24, wherein the second nonzero threshold is greater than or equal to 10.
Claim 12: The method of claim 11, wherein T2.greater or equal to10.
Claim 33: he method according to claim 27, further comprising obtaining said spectral representation by frequency-group-wise averaging a multitude of low-resolution frequency domain transforms of said signal in said previously received frame.
Claim 5: The method of claim 4, further comprising: obtaining the low-resolution representation of the magnitude spectrum by frequency-group-wise averaging a multitude of low-resolution frequency domain transforms of the audio signal in the previously received frame.
Claim 5: The method of claim 4, further comprising: obtaining the low-resolution representation of the magnitude spectrum by frequency-group-wise averaging a multitude of low-resolution frequency domain transforms of the audio signal in the previously received frame.
Claim 5: The method of claim 4, further comprising: obtaining the low-resolution representation of the magnitude spectrum by frequency-group-wise averaging a multitude n of low-resolution frequency domain transforms of the audio signal in the previously received frame.
Claim 14: The method of claim 13, further comprising: obtaining said low-resolution representation of said magnitude spectrum by frequency-group-wise averaging said magnitude spectrum of said signal in said previously received frame.
Claim 34: A decoder for packet loss concealment, the decoder comprising a processing circuitry, the processing circuitry being configured to cause the decoder to:
Claim 13: A receiving entity for frame loss concealment, the receiving entity comprising processing circuitry, the processing circuitry being configured to cause the receiving entity to perform a set of operations comprising:
Claim 13: A receiving entity for frame loss concealment, the receiving entity comprising processing circuitry, the processing circuitry being configured to cause the receiving entity to perform a set of operations comprising: 15
Claim 14: A receiving entity for frame loss concealment, the receiving entity comprising processing circuitry, the processing circuitry being configured to cause the receiving entity to perform a set of operations comprising:
Claim 22: A receiving entity for frame loss concealment, the receiving entity comprising processing circuitry, the processing circuitry being configured to cause the receiving entity to perform a set of operations comprising:
determine a substitution frame spectrum based on a spectrum of a frame of a previously received audio signal;
generating a substitution frame for a lost frame based on a spectrum of the audio signal in a previously received frame;
generating a substitution frame for a lost frame based on a spectrum of the audio signal in a previously received frame;
constructing a substitution frame for a lost frame based on the sinusoidal analysis of the at least part of the audio signal;
constructing a substitution frame for the lost frame based on the sinusoidal analysis and phase evolution of the buffered first signal,
determine a noise component, wherein a frequency characteristic of the noise component is a spectral representation of the frame of the previously received audio signal;
adding, a noise component to the substitution frame, wherein the noise component has a frequency characteristic corresponding to a low-resolution spectral representation of the audio signal in the previously received frame, and
adding, a noise component to the substitution frame, 54 wherein the noise component has a frequency characteristic corresponding to a low-resolution spectral representation of the audio signal in the previously received frame.
adding, a noise component to the substitution frame, wherein the noise component has a frequency characteristic corresponding to a low-resolution spectral representation of the audio signal in a previously received frame.
adding, a noise component to the substitution frame, wherein the noise component has a frequency characteristic corresponding to a low-resolution spectral representation of an audio or speech signal in a previously received frame,
determine whether a number n of lost or erroneous frames exceeds a threshold;
Claim 23: when the burst error length n exceeds a second nonzero threshold larger than the first nonzero threshold.
Claim 23: when the burst error length n exceeds a second nonzero threshold larger than the first nonzero 25threshold.
Claim 24: when the burst error length n exceeds a second nonzero threshold at least as large as the first nonzero threshold.
Claim 11: when said burst error length n exceeds a second threshold T2 at least as large as said first threshold.
add the noise component to the substitution frame spectrum, if the number n of lost or erroneous frames does not exceed the threshold;
Claim 23: The receiving entity of claim 19, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor y to fl(m) when the burst error length n exceeds a second nonzero threshold larger than the first nonzero threshold.
Claim 23: The receiving entity of claim 19, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor γC to β (m) when the burst error length n exceeds a second nonzero threshold larger than the first nonzero 25threshold.
Claim 24: The receiving entity of claim 7, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor γ to β(m) when the burst error length n exceeds a second nonzero threshold at least as large as the first nonzero threshold.
Claim 11: The method of claim 5, further comprising: applying a long-term attenuation factor .gamma. to /3(m) when said burst error length n exceeds a second threshold T2 at least as large as said first threshold.
apply attenuation to the noise component if the number n of lost or erroneous frames exceeds the threshold and after applying the attenuation factor, add the noise component to the substitution frame spectrum.
Claim 23: The receiving entity of claim 19, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor y to fl(m) when the burst error length n exceeds a second nonzero threshold larger than the first nonzero threshold.
Claim 23: The receiving entity of claim 19, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor γC to β (m) when the burst error length n exceeds a second nonzero threshold larger than the first nonzero 25threshold.
Claim 24: The receiving entity of claim 7, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: applying a long-term attenuation factor γ to β(m) when the burst error length n exceeds a second nonzero threshold at least as large as the first nonzero threshold.
Claim 11: The method of claim 5, further comprising: applying a long-term attenuation factor .gamma. to /3(m) when said burst error length n exceeds a second threshold T2 at least as large as said first threshold.
Claim 35: The decoder according to claim 34, wherein the threshold is greater than or equal to 10.
Claim 24: The receiving entity of claim 23, wherein the second nonzero 25 threshold is greater than or equal to 10.
Claim 24: The receiving entity of claim 23, wherein the second nonzero threshold is greater than or equal to 10.
Claim 25: The receiving entity of claim 24, wherein the second nonzero threshold is greater than or equal to 10.
Claim 12: The method of claim 11, wherein T2.gt or eq.10.
Claim 40: The decoder according to claim 34, the processing circuitry being further configured to cause the receiving entity to: obtain said spectral representation by frequency-group-wise averaging a multitude of low-resolution frequency domain transforms of said signal in said previously received frame.
Claim 17: The receiving entity of claim 16, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: obtaining the low-resolution representation of the magnitude spectrum by frequency-group-wise averaging a multitude of low-resolution frequency domain transforms of the audio signal in the previously received frame.
Claim 17: The receiving entity of claim 16, the processing circuitry being configured to cause the receiving entity to further perform an operation 20comprising: obtaining the low-resolution representation of the magnitude spectrum by frequency-group-wise averaging a multitude of low-resolution frequency domain transforms of the audio signal in the previously received frame.
Claim 18: The receiving entity of claim 17, the processing circuitry being configured to cause the receiving entity to further perform an operation comprising: obtaining the low-resolution representation of the magnitude spectrum by frequency-group-wise averaging a multitude n of low-resolution frequency domain transforms of the audio signal in the previously received frame.
Claim 14: The method of claim 13, further comprising: obtaining said low-resolution representation of said magnitude spectrum by frequency-group-wise averaging said magnitude spectrum of said signal in said previously received frame.
Claims 27-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,159,635. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of 12,159,635 anticipate the instant claims as laid out in the chart below.
Instant Application
US Patent 12,195,635
Claim 27: A packet loss concealment method for burst error handling, the method comprising:
Claim 1: A packet loss concealment method for burst error handling, the method being performed by a receiving entity, the method comprising:
determining a substitution frame spectrum based on a spectrum of a frame of a previously received audio signal;
generating a substitution frame spectrum by use of a primary frame loss concealment method, wherein the substitution frame spectrum is based on a spectrum of a frame of a previously received audio signal;
determining a noise component, wherein a frequency characteristic of the noise component is a spectral representation of the frame of the previously received audio signal;
determining a noise component, wherein a frequency characteristic of the noise component is a low-resolution spectral representation of the frame of the previously received audio signal;
determining whether a number n of lost or erroneous frames exceeds a threshold;
determining whether a number n of lost or erroneous frames exceeds a threshold;
if the number n of lost or erroneous frames does not exceed the threshold, adding the noise component to the substitution frame spectrum;
if the number n of lost or erroneous frames does not exceed the threshold, adding the noise component to the substitution frame spectrum;
if the number n of lost or erroneous frames exceeds the threshold, applying attenuation to the noise component before adding the noise component to the substitution frame spectrum.
if the number n of lost or erroneous frames exceeds the threshold, applying attenuation to the noise component before adding the noise component to the substitution frame spectrum.
Claim 28: The method according to claim 27, wherein the threshold is greater than or equal to 10.
Claim 2: The method according to claim 1, wherein the threshold is greater than or equal to 10.
Claim 29: The method according to claim 27, wherein a substitution frame spectrum is expressed as Z(m) = α (m) * Y(m) * e^j(Θk-v (m)), wherein Y(m) is a frequency domain representation of the frame of the previously received audio signal, α (m) is a scaling factor and ν(m) is a phase randomization term.
Claim 3: The method according to claim 1, wherein a substitution frame spectrum is expressed as Z(m) = α (m) * Y(m) * e^j(Θk-v (m)), wherein Y(m) is a frequency domain representation of the frame of the previously received audio signal, α (m) is a scaling factor and ν(m) is a phase randomization term.
Claim 30: The method according to claim 29, wherein the noise component is denoted as β(m) *Y(m) *e^j(n(m)), wherein β (m) is a magnitude scaling factor,n (m) is a random phase and Y(m) is a low-resolution magnitude spectrum representation of the frame of the previously received audio signal.
Claim 4: The method according to claim 3, wherein the noise component is denoted as B(m).Math.Y(m).Math.e.sup.j(n(m)), wherein β(m) is a magnitude scaling factor, η(m) is a random phase and Y(m) is a low-resolution magnitude spectrum representation of the frame of the previously received audio signa
Claim 31: The method according to claim 30, further comprising determining the magnitude scaling factor /(m) for the noise component such that /(m) compensates for energy loss resulting from applying the scaling factor a(m) to the substitution frame.
Claim 5: The method according to claim 4, further comprising determining the magnitude scaling factor β(m) for the noise component such that β(m) compensates for energy loss resulting from applying the scaling factor α(m) to the substitution frame.
Claim 32: The method according to claim 31, wherein the scaling factors α (m) and β (m) are frequency-group-wise constant.
Claim 6: The method according to claim 5, wherein the scaling factors α(m) and β(m) are frequency-group-wise constant.
Claim 33: The method according to claim 27, further comprising obtaining said spectral representation by frequency-group-wise averaging a multitude of low- resolution frequency domain transforms of said signal in said previously received frame.
Claim 7: The method according to claim 1, further comprising obtaining said low-resolution representation of said magnitude spectrum by frequency-group-wise averaging a multitude of low-resolution frequency domain transforms of said signal in said previously received frame.
Claim 34: A decoder for packet loss concealment, the decoder comprising a processing circuitry, the processing circuitry being configured to cause the decoder to:
Claim 8: A decoder for packet loss concealment, the receiving entity comprising a processing circuitry, the processing circuitry being configured to cause the receiving entity to:
determine a substitution frame spectrum based on a spectrum of a frame of a previously received audio signal;
generate a substitution frame spectrum by use of a primary frame loss concealment method, wherein the substitution frame spectrum is based on a spectrum of a frame of a previously received audio signal;
determine a noise component, wherein a frequency characteristic of the noise component is a spectral representation of the frame of the previously received audio signal;
determine a noise component, wherein a frequency characteristic of the noise component is a low-resolution spectral representation of the frame of the previously received audio signal;
determine whether a number n of lost or erroneous frames exceeds a threshold; component to the substitution frame spectrum.
determine whether a number n of lost or erroneous frames exceeds a threshold;
add the noise component to the substitution frame spectrum, if the number n of lost or erroneous frames does not exceed the threshold;
add the noise component to the substitution frame spectrum, if the number n of lost or erroneous frames does not exceed the threshold;
apply attenuation to the noise component if the number n of lost or erroneous frames exceeds the threshold and after applying the attenuation factor, add the noise
apply attenuation to the noise component if the number n of lost or erroneous frames exceeds the threshold and after applying the attenuation factor, add the noise component to the substitution frame spectrum.
Claim 35: The decoder according to claim 34, wherein the threshold is greater than or equal to 10.
Claim 9: The decoder according to claim 8, wherein the threshold is greater than or equal to 10.
Claim 36: The decoder according to claim 34, wherein a substitution frame spectrum is expressed as Z(m) = α (m) * Y(m) * e^j(Θk-v (m)), wherein Y(m) is a frequency domain representation of the frame of the previously received audio signal, α (m) is a scaling factor and ν(m) is a phase randomization term.
Claim 10: The decoder according to claim 8, wherein a substitution frame spectrum is expressed as Z(m) = α (m) * Y(m) * e^j(Θk-v (m)), wherein Y(m) is a frequency domain representation of the frame of the previously received audio signal, α (m) is a scaling factor and ν(m) is a phase randomization term.
Claim 37: The decoder according to claim 36, wherein the noise component is denoted as β(m) *Y(m) *e^j(n(m)), wherein β (m) is a magnitude scaling factor,n (m) is a random phase and Y(m) is a low-resolution magnitude spectrum representation of the frame of the previously received audio signal.
Claim 11: The decoder according to claim 10, wherein the noise component is denoted as β(m) .Math.Y(m) .Math.e.sup.j(η(m)), wherein β(m) is a magnitude scaling factor, η(m) is a random phase and Y(m) is a low-resolution magnitude spectrum representation of the frame of the previously received audio signal.
Claim 38: The decoder according to claim 37, further comprising determining the magnitude scaling factor /(m) for the noise component such that /(m) compensates for energy loss resulting from applying the scaling factor a(m) to the substitution frame.
Claim 12: The decoder according to claim 11, the processing circuitry being further configured to cause the receiving entity to: determine the magnitude scaling factor β(m) for the noise component such that β(m) compensates for energy loss resulting from applying the scaling factor α(m) to the substitution frame.
Claim 39: The decoder according to claim 38, wherein the scaling factors α (m) and β (m) are frequency-group-wise constant.
Claim 13: The decoder according to claim 12, wherein the scaling factors α(m) and β(m) are frequency-group-wise constant.
Claim 40: The decoder according to claim 34, the processing circuitry being further configured to cause the decoder to: obtain said spectral representation by frequency-group-wise averaging a multitude of low-resolution frequency domain transforms of said signal in said previously received frame.
Claim 14: The decoder according to claim 8, the processing circuitry being further configured to cause the receiving entity to: obtain said low-resolution representation of said magnitude spectrum by frequency-group-wise averaging a multitude of low-resolution frequency domain transforms of said signal in said previously received frame.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 27 and 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao et al. (US PAP 2010/02866805) in view of Toriumi et al. (US PAP 2004/0250195).
Consider claim 27, Gao teaches A packet loss concealment method for burst error handling: (abstract, 0003-05, channel loss etc.), the method comprising:
determining a substitution frame spectrum based on a spectrum of a frame of a previously received audio signal; (0059, random noise added to previous good frame MDCT coefficients);
determining a noise component, wherein a frequency characteristic of the noise component is a spectral representation of the frame of the previously received audio signal (0059, random noise is initialized to have the energy of SHBold(k) the previous frames MDCT coefficient),
Gao does not specifically teach
determining whether a number n of lost or erroneous frames exceeds a threshold;
if the number n of lost or erroneous frames does not exceed the threshold, adding the noise component to the substitution frame spectrum;
if the number n of lost or erroneous frames exceeds the threshold, applying attenuation to the noise component before adding the noise component to the substitution frame spectrum.
In the same field of speech error coding, Toriumi teaches
determining whether a number n of lost or erroneous frames exceeds a threshold (0076. Error length is small or large… i.e. threshold);
if the number n of lost or erroneous frames does not exceed the threshold, adding the noise component to the substitution frame spectrum (0076, small error length, apply predictive data from past frames);
if the number n of lost or erroneous frames exceeds the threshold, applying attenuation to the noise component before adding the noise component to the substitution frame spectrum (0076, error length large, attenuate signal).
Therefore it would have been obvious to one of ordinary skill in the art at the time of effective filing to attenuate if the error is long as taught by Tomiumi in the system of Gao in order to mitigate the effect of artifacts introduced by error correction.
Consider claim 34, Gao teaches A decoder for packet loss concealment, the decoder (abstract, 0003-05, channel loss etc.) comprising a processing circuitry (figure 7), the processing circuitry being configured to cause the decoder to:, the method comprising:
determine a substitution frame spectrum based on a spectrum of a frame of a previously received audio signal; (0059, random noise added to previous good frame MDCT coefficients);
determine a noise component, wherein a frequency characteristic of the noise component is a spectral representation of the frame of the previously received audio signal (0059, random noise is initialized to have the energy of SHBold(k) the previous frames MDCT coefficient),
Gao does not specifically teach
determining whether a number n of lost or erroneous frames exceeds a threshold;
if the number n of lost or erroneous frames does not exceed the threshold, adding the noise component to the substitution frame spectrum;
if the number n of lost or erroneous frames exceeds the threshold, applying attenuation to the noise component before adding the noise component to the substitution frame spectrum.
In the same field of speech error coding, Toriumi teaches
determining whether a number n of lost or erroneous frames exceeds a threshold (0076. Error length is small or large… i.e. threshold);
if the number n of lost or erroneous frames does not exceed the threshold, adding the noise component to the substitution frame spectrum (0076, small error length, apply predictive data from past frames);
if the number n of lost or erroneous frames exceeds the threshold, applying attenuation to the noise component before adding the noise component to the substitution frame spectrum (0076, error length large, attenuate signal).
Therefore it would have been obvious to one of ordinary skill in the art at the time of effective filing to attenuate if the error is long as taught by Tomiumi in the system of Gao in order to mitigate the effect of artifacts introduced by error correction.
Claim(s) 28 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gao and Tomiumi as applied to claims 27 and 34 above, and further in view of Lee (US PAP 2013/0139009).
Consider claim 28, Gao and Toniumi teach the method according to claim 27, but do not specifically teach wherein the threshold is greater than or equal to 10.
In the same field or error detection, Lee teaches wherein the threshold is greater than or equal to 10 (0052 mode decision for error correction may be based on detecting 10 or more consecutive bad frames).
It would have been obvious to one of ordinary skill in the art at the time of effective filing to set the threshold to 10 as taught by Lee in the system of Gao and Tomiumi in order to not apply overly aggressive correction for smaller errors.
Claim 35 contains similar subject matter as claim 28 and therefore is rejected for the same reasons.
Allowable Subject Matter
Claims 29-32 and 36-39 would be allowable if rewritten to overcome the rejection(s) under non-statutory double patenting doctrine set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Consider claim 29, Gao and Tomiumi teach the method according to claim 27, but does not specifically teach wherein a substitution frame spectrum is expressed as Z(m) = α (m) * Y(m) * e^j(Θk-v (m)), wherein Y(m) is a frequency domain representation of the frame of the previously received audio signal, α (m) is a scaling factor and ν(m) is a phase randomization term. Rather Gao generates substitution frames by repeating the previous spectrum and adding shaped noise. Gao does not shape the previous spectrum as claimed here. Therefore claim 29 contains allowable subject matter.
Claim 36 contains similar limitations as claim 29 and therefore contains allowable subject matter as well.
Claims 30-32 and 37-39 depend on and further limit claims 29 and 36 and therefore contain allowable subject matter as well.
Claims 33 and 40 would be allowable if rewritten to overcome the rejection(s) under obvious double patenting doctrine and 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Consider claim 33, Gao and Tomiumi teach the method according to claim 27, but does not specifically teach obtaining said low-resolution representation of said magnitude spectrum by frequency-group-wise averaging a multitude of low- resolution frequency domain transforms of said signal in said previously received frame.. Rather Gao generates substitution frames by repeating the previous spectrum and adding shaped noise. Gao does not calculate low resolution spectrums in the manner claimed. Therefore claim 33 contains allowable subject matter.
Claim 40 contains similar limitations as claim 33 and therefore contains allowable subject matter as well.
Conclusion
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.
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DOUGLAS GODBOLD
Examiner
Art Unit 2655
/DOUGLAS GODBOLD/Primary Examiner, Art Unit 2655
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