DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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).
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Claims 1 – 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 11, 13 - 19 of U.S. Patent No. 12,205,599. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 - 17 of the instant application are similar in scope and content of the claims of the cited US patent.
It would have been obvious to an artisan at the time the invention was made to use the teaching of claims 1 – 11, 13 - 19 of the '599' Patent as a general teaching for determining whether the input signal frame is a speech frame or an audio frame, to perform method as claimed in the present invention. The instant claims obviously encompass the claimed invention of the '599' Patent and differ only in the method steps. The extent that the instant claims are broaden and therefore generic to claimed invention of '599' Patent [species], In re Goodman 29 USPQ 2d 2010 CAFC 1993, states that a generic claim cannot be issued without a terminal disclaimer, if a species claim has been previously been claimed in a patent. And since the structure is as recited, the method step is obtained and therefore, obvious.
Here is a comparison between claim 2 of the instant application and claim 3 of the cited patent (12,205,599).
Instant Application 18/982,631
Patent 12,205,599
Comparison
2. An encoding method of an input signal performed by at least one processor, the encoding method comprising:
3. An encoding method of an input signal performed by at least one processor, the encoding method comprising:
Same
determining a frame of the input signal whether the frame is a speech frame or an audio frame;
determining a frame of the input signal whether the frame is a speech frame or an audio frame;
Same
encoding a core band of the input signal based a first coding scheme when the frame is the speech frame,
encoding the input signal in a speech encoder based a first coding scheme when the frame is the speech frame,
Similar
encoding a core band of the input signal based a second coding scheme when the frame is the audio frame; and
encoding the input signal in an audio encoder based a second coding scheme when the frame is the audio frame; and
Similar
generating a bitstream based on a encoded input signal, wherein the bitstream includes first information for compensating a change of a frame unit between the speech frame and the audio frame and second information generating the high frequency band;
generating a bitstream including based on a encoded input signal, and wherein the input signal is processed by using information for compensating a change of a frame unit between the speech frame and the audio frame, and wherein the information is included the bitstream, and
Similar
wherein the core band is a low frequency band which is not expanded in a frequency band of the input signal, and
wherein the input signal is encoded with respect to a core band, wherein the core band is a low frequency band which is not expanded in a frequency band of the input signal.
Similar
wherein a high frequency band is generated from the core band.
wherein a high frequency band is generated from the core band based on a frequency band expander in a decoding process.
Similar
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 – 12, and 14 – 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Rajendran et al. (US PAP 2008/0312914) in view of Oomen et al. (US PAP 2008/0260048).
As per claims 1, Rajendran et al. teach an encoding method of an input signal performed by at least one processor, the encoding method comprising:
determining a frame of the input signal whether the frame is a speech frame or an audio frame ("frames of voiced speech (e.g., speech representing a vowel sound), transitional frames (e.g., frames that represent the beginning or end of a word), frames of unvoiced speech (e.g., speech representing a fricative sound), and frames of non- speech information (€.g., music, such as singing and/or musical instruments, or other audio content)." paragraph 76);
encoding a core band of the input signal based a first coding scheme when the frame is the speech frame, encoding a core band of the input signal based a second coding scheme when the frame is the audio frame ["coding scheme selector 24 may be configured to output a binary-valued coding scheme selection signal that is high
for speech frames (indicating selection of a speech frame encoder 32c, such as a CELP encoder) and low for non-speech frames (indicating selection of a non-speech frame encoder 32d, such as an MDCT encoder)"; paragraph 91];and
generating a bitstream based on a encoded input signal (paragraphs 77, 82, 85).
However, Rajendran et al. do not specifically teach that the core band is a low frequency band which is not expanded in a frequency band of the input signal, and wherein a high frequency band is generated from the core band.
Oomen et al. disclose that the high band is created by a transposition of the low frequency band together with high frequency parameters which comprise data indicating how the transposed signal should be processed (e.g. by envelope modification) to generate the high frequency band. An SBR decoder extracts the high frequency parameters and generates the high frequency band by modifying the transposed low frequency band according to these high frequency parameters (paragraph 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to generate the high band from the core band as taught by Oomen et al. in Rajendran et al. because that would help provide improved quality of the transcoded data (paragraph 21).
As per claim 2, Rajendran et al. in view of Oomen et al. further disclose the bitstream includes first information for compensating a change of a frame unit between the speech frame and the audio frame and second information generating the high frequency band("it may be desirable to configure audio encoder AD20 to encode a transitional frame at a higher bit rate (e.g., full rate), to encode an unvoiced frame at a lower bit rate (e.g., quarter rate), and to encode a voiced frame at an intermediate bit rate (e.g., half rate) or at a higher bit rate (e.g., full rate) Coding scheme detector 60 may be configured to perform rate detection or to receive a rate indication from another part of an apparatus within which audio decoder AD20 is embedded, such as a multiplex sublayer perceptually smooth transition between those schemes'; Rajendran et al. paragraphs 77, 82, 85, 140).
As per claim 3, Rajendran et al. in view of Oomen et al. further disclose the first coding scheme is a CELP coding scheme and the second coding scheme is a MDCT coding scheme ["coding scheme selector 24 may be configured to output a binary-valued coding scheme selection signal that is high for speech frames (indicating selection of a speech frame encoder 32c, such as a CELP encoder) and low for non-speech frames (indicating selection of a non-speech frame encoder 32d, such as an MDCT encoder)"; Rajendran et al. paragraph 91].
As per claim 4, Rajendran et al. in view of Oomen et al. further disclose the high frequency band is generated from the core band based on a frequency band expander in a decoding process (Oomen et al. paragraphs 8, 21 -23).
As per claim 5, Rajendran et al. in view of Oomen et al. further disclose converting a sampling rate of the input signal to a sampling rate for the encoding a core band of the input signal (Rajendran et al. paragraph 74).
As per claim 6, Rajendran et al. in view of Oomen et al. further disclose
the converting comprises: down-sampling the sampling rate of the input signal by one half (1/2) [Rajendran et al. paragraphs 77, 82, 85].
As per claim 7, Rajendran et al. in view of Oomen et al. further disclose
the converting comprises: down-sampling the sampling rate of the input signal by one quarter (1/4) [Rajendran et al. paragraphs 77, 82, 85].
As per claim 8, Rajendran et al. in view of Oomen et al. further disclose the first information includes an encoded portion of the speech frame of the input signal for decoding the audio frame of the input signal (Rajendran et al. paragraphs 74, 91).
As per claim 9, Rajendran et al. teach a decoding method for an encoded input signal performed by at least one processor, the decoding method comprising:
receiving a bitstream included the input signal (paragraphs 77, 82, 85);
determining whether a frame of the input signal is a speech frame or an audio frame ("frames of voiced speech (e.g., speech representing a vowel sound), transitional frames (e.g., frames that represent the beginning or end of a word), frames of unvoiced speech (e.g., speech representing a fricative sound), and frames of non-speech information (€.g., music, such as singing and/or musical instruments, or other audio content)."; paragraph 76);
decoding a core band of the input signal by: decoding the core band of the input signal based on a first coding scheme when the frame is the speech frame, decoding the core band of the input signal based on a second coding scheme when the frame is the audio frame [indicating selection of a speech frame encoder 32c, such as a CELP encoder) and low for non-speech frames (indicating selection of a non-speech frame encoder 32d, such as an MDCT encoder) For some coding modes (e.g., fora CELP or PPP coding mode, and for some MDCT coding modes), the description of temporal information may include a description of an excitation signal to be used by the audio decoder"; paragraph 91, 98]; and
processing the input signal using information based on the bitstream ("it may be desirable to configure audio encoder AD20 to encode a transitional frame at a higher bit rate (e.g., full rate), to encode an unvoiced frame at a lower bit rate (e.g., quarter rate), and to encode a voiced frame at an intermediate bit rate (e.g., half rate) or at a higher bit rate (e.g., full rate) Coding scheme detector 60 may be configured to perform rate detection or to receive a rate indication from another part of an apparatus within which audio decoder AD20 is embedded, such as a multiplex sublayer perceptually smooth transition between those schemes'; paragraphs 77, 82, 85, 140).
However, Rajendran et al. do not specifically teach that the core band is a low frequency band which is not expanded in a frequency band of the input signal, wherein a high frequency band is generated from the core band.
Oomen et al. disclose that the high band is created by a transposition of the low frequency band together with high frequency parameters which comprise data indicating how the transposed signal should be processed (e.g. by envelope modification) to generate the high frequency band. An SBR decoder extracts the high frequency parameters and generates the high frequency band by modifying the transposed low frequency band according to these high frequency parameters (paragraph 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to generate the high band from the core band as taught by Oomen et al. in Rajendran et al. because that would help provide improved quality of the transcoded data (paragraph 21).
As per claim 10, Rajendran et al. in view of Oomen et al. further disclose the bitstream includes first information for compensating a change of a frame unit between the speech frame and the audio frame and second information generating the high frequency band ("it may be desirable to configure audio encoder AD20 to encode a transitional frame at a higher bit rate (e.g., full rate), to encode an unvoiced frame at a lower bit rate (e.g., quarter rate), and to encode a voiced frame at an intermediate bit rate (e.g., half rate) or at a higher bit rate (e.g., full rate) Coding scheme detector 60 may be configured to perform rate detection or to receive a rate indication from another part of an apparatus within which audio decoder AD20 is embedded, such as a multiplex sublayer perceptually smooth transition between those schemes'; Rajendran et al. paragraphs 77, 82, 85, 140).
As per claim 11, Rajendran et al. in view of Oomen et al. further disclose
the first coding scheme is a CELP coding scheme and the second coding scheme is a MDCT coding scheme (indicating selection of a non-speech frame encoder 32d, such as an MDCT encoder). For some coding modes (e.g., fora CELP or PPP coding mode, and for some MDCT coding modes), the description of temporal information may include a description of an excitation signal to be used by the audio decoder"; Rajendran et al. paragraph 91, 98].
As per claim 12, Rajendran et al. in view of Oomen et al. further disclose expanding a frequency band of the input signal by generating a high frequency band from the core band of the input signal (Oomen et al. paragraphs 8, 21 -23).
As per claim 14, Rajendran et al. in view of Oomen et al. further disclose the first information includes an encoded portion of the speech frame of the input signal for decoding the audio frame of the input signal(Rajendran et al. paragraphs 74, 91).
As per claim 15, Rajendran et al. in view of Oomen et al. further disclose converting a sampling rate of the decoded input signal based on a sampling rate for the decoding the core band(Rajendran et al. paragraph 74).
As per claim 16, Rajendran et al. in view of Oomen et al. further disclose the sampling rate for the SBR is twice the sampling rate for the decoding a core band of the input signal[Rajendran et al. paragraphs 77, 82, 85].
As per claim 17, Rajendran et al. in view of Oomen et al. further disclose the sampling rate for the SBR is fourfold the sampling rate for the decoding a core band of the input signal[Rajendran et al. paragraphs 77, 82, 85].
Claim 13 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Rajendran et al. (US PAP 2008/0312914) in view of Oomen et al. (US PAP 2008/0260048); and further in view of Mehrotra et al. (US PAP 2008/0319739).
As per claim 13, Rajendran et al. in view of Oomen et al. further do not specifically teach generating a stereo signal from the input signal having the expanded frequency band.
Mehrotra et al., disclose that the channel extension processing represents uncoded channels as modified versions of coded channels. Channels to be coded can be actual, physical channels or transformed versions of physical channels (using, for example, a linear transform applied to each sample). For example, the channel
extension processing allows reconstruction of plural physical channels using one coded channel and plural parameters. In one implementation, the parameters include ratios of power (also referred to as intensity or energy) between two physical channels and a coded channel on a per-band basis. For example, to code a signal having left (L) and right (R) stereo channels (paragraph 136).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use generate a stereo signal as taught by Mehrotra et al., in Rajendran et al., because that would help improve the perceived quality of the reconstructed audio signal (paragraph 63).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ehara et al. teach Scalable Decoding Apparatus And Scalable Encoding Apparatus. Choo et al. teach Method To Encode And Decode High Frequency Signal.
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/LEONARD SAINT-CYR/Primary Examiner, Art Unit 2658
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