Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Referring to independent claims 1 and 11 (and, therefore, their respective dependent claims), each claim similarly recites, “a receiver…receiving first audio data having one or more gain spikes and retransmission of a first copy of the first audio data.” As claimed, it is not clear if it should be interpreted that the “first copy” also has the “one or more gain spikes” or if the “first copy” is a copy of the “first audio data” without the one or more gain spikes. Similarly, claims 6 and 16 recite “retransmission of a second copy of the first audio data”. The same indefinite issue exists since a “copy” is typically identical to the original which has gain spikes.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 1-20, the prior art of record has not taught, either individually or in combination, and together with all other claimed features an apparatus and/or corresponding method that comprises a receiver that receives first audio data having one or more gain spikes and a retransmission of a first copy of the first audio data; and determining, by one or more processors, a first set of bit positions each having a sensitivity value higher than a threshold value, the sensitivity value indicating a degree of sensitivity of audio quality to bit errors at each bit position; determining, by the one or more processors, that a second set of bit positions, at each of which the first audio data and the first copy have bit values different from each other, include at least one of the first set of bit positions; and modifying, by the one or more processors, the first audio data to eliminate a gain spike corresponding to the at least one of the first set of bit positions.
Conclusion
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Justin R. Knapp
Primary Examiner
Art Unit 2112
/JUSTIN R KNAPP/Primary Examiner, Art Unit 2112
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