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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 11/14/2024, 04/07/2025, and 10/16/2025 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
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Claims 1-3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 9, and 10 of U.S. Patent No. 11,423,923. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are obvious variations of each other.
Regarding Claim 1 (drawn to a method):
Current Application
Claim 1:
A method of compressing an audio signal comprising multiple channels, the method comprising:
receiving a time-frequency tiled representation of the audio signal, wherein the time-frequency tiled representation of the audio signal comprises a division of the audio signal into time slots, wherein each time slot is divided into frequency subbands,
and compressing the time-frequency tiled representation of the audio signal to reduce a dynamic range of the audio signal;
wherein compressing the time-frequency tiled representation of the audio signal comprises:
dividing channels of the audio signal into discrete subsets of channels based on grouping information; and
for each discrete subset of channels:
calculating a shared gain for a time slot of the time-frequency tiled representation of the audio signal, and
applying the shared gain for the time slot to each frequency subband of each channel of the discrete subset of channels.
wherein the time-frequency tiled representation of the audio signal is a QMF-domain representation;
wherein calculating the shared gain includes reducing a compression level in response to control information;
‘923
Claim 1:
A method of compressing an audio signal comprising multiple channels, the method comprising:
receiving a time-frequency tiled representation of the audio signal, wherein the time-frequency tiled representation of the audio signal comprises a division of the audio signal into time slots, wherein each time slot is divided into frequency subbands;
and compressing the time-frequency tiled representation of the audio signal to reduce a dynamic range of the audio signal;
wherein compressing the time-frequency tiled representation of the audio signal comprises:
dividing channels of the audio signal into discrete subsets of channels based on grouping information; and
for each discrete subset of channels:
calculating a shared gain for a time slot of the time-frequency tiled representation of the audio signal; and
applying the shared gain for the time slot to each frequency subband of each channel of the discrete subset of channels.
Claim 2:
… wherein the time-frequency tiled representation of the audio signal is a QMF-domain representation.
Claim 5:
… wherein calculating the shared gain includes reducing an amount of amplification or attenuation applied to the audio signal in response to control information.
Regarding Claim 3 (drawn to an apparatus):
Current Application
Claim 3:
An apparatus for compressing an audio signal comprising multiple channels, the apparatus comprising:
a first interface receiving a time-frequency tiled representation of the audio signal, wherein the time-frequency tiled representation of the audio signal comprises a division of the audio signal into time slots, wherein each time slot is divided into frequency subbands,
and a compressor compressing the time-frequency tiled representation of the audio signal to reduce a dynamic range of the audio signal;
wherein compressing the time-frequency tiled representation of the audio signal comprises:
dividing channels of the audio signal into discrete subsets of channels based on grouping information; and
for each discrete subset of channels:
calculating a shared gain for a time slot of the time-frequency tiled representation of the audio signal,
and applying the shared gain for the time slot to each frequency subband of each channel of the discrete subset of channels.
wherein the time-frequency tiled representation of the audio signal is a QMF-domain representation;
wherein calculating the shared gain includes reducing a compression level in response to control information;
‘923
Claim 9:
A apparatus for compressing an audio signal comprising multiple channels, the apparatus comprising:
a first interface receiving a time-frequency tiled representation of the audio signal, wherein the time-frequency tiled representation of the audio signal comprises a division of the audio signal into time slots, wherein each time slot is divided into frequency subbands;
and a compressor compressing the time-frequency tiled representation of the audio signal to reduce a dynamic range of the audio signal;
wherein compressing the time-frequency tiled representation of the audio signal comprises:
dividing channels of the audio signal into discrete subsets of channels based on grouping information; and
for each discrete subset of channels:
calculating a shared gain for a time slot of the time-frequency tiled representation of the audio signal;
and applying the shared gain for the time slot to each frequency subband of each channel of the discrete subset of channels.
Claim 2:
… wherein the time-frequency tiled representation of the audio signal is a QMF-domain representation.
Claim 5:
… wherein calculating the shared gain includes reducing an amount of amplification or attenuation applied to the audio signal in response to control information.
As shown in the tables above, it is clear that all the elements of the application claims 1 and 3 are to be found in patent claims 1, 2, 5 and 9, as the application claims 1 and 3 fully encompasses patent claims 1, 2, 5 and 9. The difference between the application claims 1 and 3 and the patent claims 1, 2, 5 and 9 lies in the fact that the patent claims includes more elements and is thus more specific. Thus the invention of claims 1, 2, 5 and 9 of the patent is in effect a “species” of the “generic” invention of the application claims1 and 3. It has been held that the generic invention is “anticipated” by the “species”. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993).
Claim 2 of the current application corresponds to claim 10 of U.S. Patent No. 11,423,923.
Cited Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
McClain (US 8,913,754) discloses systems for adjusting audio signals by applying a gain to the signal in a spectrally varying manner to compensate for ambient noise in the environment of the listener.
Fairey (US 8,964,993) discloses systems and method operating on a multi-channel audio content having audio content spanning a plurality of frequency bands.
Biswas (US 10,861,475) discloses a companding method for reducing coding noise in an audio codec.
Biswas (US 2022/0270624) discloses a companding method for reducing coding noise in an audio codec.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SATWANT K SINGH whose telephone number is (571)272-7468. The examiner can normally be reached Monday thru Friday 9:00 AM to 6:00 PM EST.
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/SATWANT K SINGH/Primary Examiner, Art Unit 2653
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