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 .
Claim(s) 1-26 is/are pending and has/have been examined.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/400872, filed on 10/01/2021.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/13/2025 and 05/22/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a weighting value estimator, a spectral weighter, a converter, and a mixer in claims 1, a core decoder in claim 5, and a weighting value estimator, a spectral weighter, a mixer in claim 15, and a mono signal processor in claim 16.
Regarding the terms a weighting value estimator, a spectral weighter, a converter, a mixer, a core decoder, and a mono signal processor, the terms are generic placeholders. There is no evidence that one or ordinary skill in the art would understand the structure by looking at the terms. Further, the terms are modified by the functional language for estimating, for weighting, for converting, for mixing, for decoding, and for processing, but are not modified by a sufficient structure for performing the claimed function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The weighting value estimator, spectral weighter, converter, mixer, core decoder, and mono signal processor, are embodied as a processor, as per the specifications pg 54 line 15-pg 56 line 12.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12, 29-33, and 37-40 of U.S. Patent No. 12,230,281. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the issued patent/co-pending application anticipate the claims of the instant application. Please see below for the mapping in the table, where the bolded limitations indicate the corresponding limitations between the issued patent/co-pending application and instant application. With respect to the dependent claims, each of the claims map to a corresponding dependent claim of the issued patent/co-pending application or are found within the scope of the independent claim.
With respect to each of the dependent claims and independent claims, each claim corresponds numerically. Please see mapping that follows: Instant application claim (I), Issued Patent/Co-Pending App (P) - Claim 1 (I):Claim 1 (P), Claim 2 (I):Claim 2 (P), Claim 3 (I):Claim 3 (P), Claim 4 (I):Claim 4 (P), Claim 5 (I):Claim 5 (P), Claim 6 (I):Claim 11 (P), Claim 7 (I):Claim 6 (P), Claim 8 (I):Claim 7 (P), Claim 9 (I):Claim 8 (P), Claim 10 (I):Claim 9 (P), Claim 11 (I):Claim 10 (P), Claim 12 (I):Claim 1 (P), Claim 13 (I):Claim 12 (P), Claim 14 (I):Claim 1 (P), Claim 15 (I):Claim 29 (P), Claim 16 (I):Claim 29 (P), Claim 17 (I):Claim 30 (P), Claim 18 (I):Claim 31 (P), Claim 19 (I):Claim 32 (P), Claim 20 (I):Claim 33 (P), Claim 21 (I):Claim 37 (P), Claim 22 (I):Claim 37 (P), Claim 23 (I):Claim 38 (P), Claim 24 (I):Claim 38 (P), Claim 25 (I):Claim 39 (P), Claim 26 (I):Claim 40 (P).
Instant Application: 19/018462
Issued Patent: 12230281
Claim 1: A downmixer for downmixing a multi-channel signal having at least two channels, comprising:
a weighting value estimator configured for estimating band-wise weighting values for the at least two channels, wherein the at least two channels are audio channels, and wherein the multi-channel signal is a multichannel audio signal;
a spectral weighter configured for weighting spectral domain representations of the at least two channels using the band-wise weighting values;
a converter configured for converting weighted spectral domain representations of the at least two channels into time representations of the at least two channels; and
a mixer configured for mixing the time representations of the at least two channels to acquire a downmix signal.
Claim 1: A downmixer for downmixing a multi-channel audio signal having at least two audio channels, comprising:
a weighting value estimator configured for estimating band-wise weighting values for the at least two audio channels;
a spectral weighter configured for weighting spectral domain representations of the at least two audio channels using the band-wise weighting values;
a converter configured for converting weighted spectral domain representations of the at least two audio channels into time representations of the at least two audio channels, wherein the converter is configured to generate raw time representations using a spectrum-time
algorithm, and to post process, using a post-processor, the raw time representations to acquire the time representations; and
a mixer configured for mixing the time representations of the at least two audio channels to acquire a downmix audio signal,
wherein the spectral domain representations are either
purely real or purely imaginary, wherein the weighting
value estimator is configured to obtain an estimated
imaginary spectral domain representation when a spectral
domain representation of the spectral domain representations
is purely real, or to obtain an estimated real
spectral domain representation when the spectral
domain representation of the spectral domain representations
is purely imaginary, and wherein the weighting
value estimator is configured to estimate the band-wise
weighting values using the estimated imaginary spectral
domain representation or the estimated real spectral
domain representation, or
wherein a first spectral domain representation of a first
audio channel of the at least two audio channels comprises
a first time resolution or a first frequency resolution,
wherein a second spectral domain representation
of a second audio channel of the at least two audio
channels comprises a second time resolution or a
second frequency resolution, wherein the second time
resolution or the second frequency resolution is different
from the first time resolution or the first frequency
resolution, and wherein the weighting value estimator
is configured to calculate the band-wise weighting values so that a frequency resolution of a plurality of bands associated with the band-wise weighting values is lower than the first frequency resolution and the second frequency resolution or is equal to the lower one
of the first frequency resolution and the second frequency resolution, or
wherein the first spectral domain representation comprises a first plurality of spectral values in a band,
wherein the second spectral domain representation comprises a second plurality of spectral values in the
band, the second plurality of spectral values being higher than the first plurality of spectral values, and
wherein the weighting value estimator is configured to combine two or more spectral values of the second plurality of spectral values or to select, from the second plurality of spectral values, a subset of spectral values, to calculate a mixed term depending on products or
linear combinations of spectral values from the at least two audio channels in the band using a result of combining the two or more spectral values of the
second plurality of spectral values or using the subset of spectral values, and to calculate the band-wise weighting values using the mixed term, or
wherein the first spectral domain representation of the spectral domain representations comprises a plurality
of first spectral values representing a first time bin size and a first frequency bin size, wherein the second spectral domain representation of the spectral domain
representations comprises a plurality of spectral values representing a second time bin size and a second frequency bin size, wherein the first time bin size is
greater than the second time bin size, or wherein the first frequency bin size is lower than the second frequency
bin size, and wherein the weighting value
estimator is configured to combine a plurality of spectral values from the first spectral domain representation
to acquire a first combined spectral domain representation in which a combined frequency bin size is equal
to the second frequency bin size, or to combine a plurality of spectral values from the second spectral domain representation to acquire a first combined spectral domain representation in which a combined time bin size is equal to the first time bin size, or wherein the first spectral domain representation of the first
audio channel of the at least two audio channels comprises a plurality of first spectral values representing the
first time bin size and the first frequency bin size,
wherein the second spectral domain representation of the second audio channel of the at least two audio
channels comprises at least two subframes, wherein each subframe of the at least two subframes comprises
a plurality of spectral values representing a second time bin size and a second frequency bin size, wherein the
first time bin size is greater than the second time bin size, or wherein the first frequency bin size is lower than the second frequency bin size, wherein the weighting value estimator is configured to combine spectral values belonging to an identical frequency bin from each subframe of the at least two subframes of the second spectral domain representation in a first manner
to acquire a first group of combined spectral values, and to combine spectral values belonging to an identical frequency bin from each subframe of the at least two subframes of the second spectral domain representation
in a second manner to acquire a second group of combined spectral values, the second manner being different from the first manner, wherein the first group
of combined spectral values and the second group of combined spectral values represent a combined spectral
domain representation comprising the first time bin size and the first frequency bin size, and to use the spectral values of the combined spectral domain representation and the first spectral domain representation for the
estimating of the band-wise weighting values, or wherein the weighting value estimator is configured to calculate a plurality of first band-wise weighting values for a plurality of bands of the first audio channel of the at least two audio channels using a first calculation rule
depending on at least two of spectral values of the first spectral domain representation of the first audio channel
of the at least two audio channels, spectral values of the second spectral domain representation of the second
audio channel of the at least two audio channels, spectral values of a single combined spectral domain representation derived from the spectral values of the
first spectral domain representation or the second spectral domain representation, spectral values of a first combined spectral domain representation derived from the spectral values of the first spectral domain representation,
and spectral values of a second combined spectral domain representation derived from the spectral values of the second spectral domain representation,
and wherein the weighting value estimator is configured to calculate a plurality of second band-wise
weighting values for the plurality of bands of the first audio channel of the at least two audio channels using a second calculation rule depending on at least two of the plurality of first band-wise weighting values, the spectral values of the first spectral domain representation
of the first audio channel of the at least two audio channels, the spectral values of the second spectral domain representation of the second audio channel of the at least two audio channels, the spectral values of
the single combined spectral domain representation derived from the spectral values of the first spectral domain representation or the second spectral domain representation, the spectral values of the first combined spectral domain representation derived from the spectral values of the first spectral domain representation,
and the spectral values of the second combined spectral domain representation derived from the spectral values
of the second spectral domain representation, wherein the second calculation rule is different from the first
calculation rule;
wherein at least one of the weighting value estimator, the spectral weighter, the converter, and the mixer comprises a hardware implementation.
Downmixer claim 15 of the instant application is rejected over downmixer claim 29 of the issued patent/co-pending application using the same rationale as that provided in the table above for the downmixer claims.
Method claims 21 and 23 of the instant application is rejected over method claims 37 and 38, respectively of the issued patent/co-pending application using the same rationale as that provided in the table above for the downmixer claims.
Storage medium claims 25 and 26 of the instant application is rejected over storage medium claims 39 and 40, respectively, of the issued patent/co-pending application using the same rationale as that provided in the table above for the downmixer claims.
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 1-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding claim(s) 1, 15, 21, 23, 25, and 26, the limitation(s) of estimating, weighting, (claims 1, 21, 25) converting, and mixing/calculating, as drafted, are processes that, under broadest reasonable interpretation, covers mathematical calculations in prose and the performance of the limitation in the mind and/or with pen and paper but for the recitation of generic computer components. More specifically, the mental process of a human using pen and paper to perform calculations to estimate weighting values for signals, performing a calculation to alter the signal data using the weights, calculating an inverse transform to convert the signal data from the frequency domain to the time domain (claims 1, 21, and 25), and performing a calculation to combine the weighted signal data together. If a claim limitation, under its broadest reasonable interpretation, covers mathematical calculations in prose as well as the performance of the limitation in the mind and/or with pen and paper but for the recitation of generic computer components, then it falls within both the –Mathematical Concepts—and the --Mental Processes-- groupings of abstract ideas. Accordingly, the claim(s) recite(s) an abstract idea.
This judicial exception is not integrated into a practical application because the recitation of a downmixer, weighting value estimator, spectral weighter, converter, and mixer in claim 1, a downmixer, weighting value estimator, spectral weighter, and mixer in claim 15, and a storage medium and computer in claims 25 and 26, reads to generalized computer components, based upon the claim interpretation wherein the structure is interpreted using pg 54 line 15-pg 56 line 12 in the specification. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim(s) is/are directed to an abstract idea.
The claim(s) do(es) not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element of using generalized computer components to estimate, weight, convert, and mix/calculate amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim(s) is/are not patent eligible.
With respect to claim(s) 2-14, 16-20, 22, and 24, the claim(s) recite(s) additional mathematical calculations in prose that can be performed on the data, using specified algorithms, specified input data, and/or specified formatting of the data, which reads on a human performing the respective calculations with pen and paper. The recitation of a core decoder in claim 5, and a mono signal processor in claims 16 and 24, read to a generalized computer component using pg 54 line 15-pg 56 line 12 in the specification. No additional limitations are present in claims 2-14, 16-20, 22, and 24.
These claims further do not remedy the judicial exception being integrated into a practical application and further fail to include additional elements that are sufficient to amount to significantly more than the judicial exception.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 15-19, 23, 24, and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Den Brinker et al. (US PG Pub No. 2012/0224702), as found in the IDS, hereinafter Den Brinker.
Regarding claims 15, 23, and 26, Den Brinker teaches
(claim 15) A downmixer for downmixing a multi-channel signal comprising at least two channels (an encoder comprising a downmixer for generating a downmix, i.e. downmixer for downmixing, of a multi-channel audio signal comprising at least a first and second channel, i.e. a multi-channel signal having at least two channels [0060]), comprising:
(claim 23) A method of downmixing a multi-channel signal comprising at least two channels (a method, i.e. method, of generating an encoded representation, where an encoder comprising a downmixer for generating a downmix, i.e. downmixing, of a multi-channel audio signal comprising at least a first and second channel, i.e. a multi-channel signal having at least two channels [0060],[0068]), comprising:
(claim 26) A non-transitory digital storage medium having a computer program stored thereon to perform, when said computer program is run by a computer, a method for downmixing a multi-channel signal comprising at least two channels (the invention may be implemented as a combination of hardware and software, such as computer software running on data processors, i.e. storage medium having a computer program stored thereon to perform the method [0175], where the method, i.e. method, is generating an encoded representation, where an encoder comprising a downmixer for generating a downmix, i.e. downmixing, of a multi-channel audio signal comprising at least a first and second channel, i.e. a multi-channel signal having at least two channels [0060],[0068]), the method comprising:
a weighting value estimator configured for estimating band-wise weighting values for the at least two channels, wherein the weighting value estimator is configured to calculate the band-wise weighting values based on a target energy value per band, so that an energy in the band of a downmix signal is in a predetermined relation to energies in the same bands of the at least two channels, wherein the at least two channels are audio channels, and wherein the multi-channel signal is a multichannel audio signal (for a multi-channel audio signal, i.e. the at least two channels are audio channels and wherein the multi-channel signal is a multichannel audio signal [0060], weights are determined for the subbands for the left and right signals, based on the signal characteristics in the subband, i.e. estimating band-wise weighting values for the at least two channels, where the subband weights may be dependent on energy measures for the left and right signal, as well as a correlation between the energies represented by a cross-power measure that is a normalized measure, i.e. based on a target energy value, relative to the energy in at least in at least one of the right and left channels, i.e. calculate the band-wise weighting values based on a target energy value per band, so that an energy in the band of a downmix signal is in a predetermined relation to energies in the same bands of the at least two channels [0092-5], where the encoder generates the encoded representation, and the invention is performed by a processor, i.e. weighting value estimator [0060],[0175]);
a spectral weighter configured for weighting spectral domain representations of the at least two channels using the band-wise weighting values to acquire weighted spectral domain representations (the received left and right signals are converted to the frequency domain, i.e. spectral domain representations of the at least two channels, and subband weights for the left and right subband signals are applied, i.e. weighting spectral domain representations of the at least two channels using the band-wise weighting values to acquire weighted spectral domain representations [0084],[0091-3], where the encoder generates the encoded representation, and the invention is performed by a processor, i.e. spectral weighter [0060],[0175]); and
a mixer configured for calculating the downmix signal using the weighted spectral domain representations of the at least two channels (the left and right subband signals have applied subband weights, i.e. weighted spectral domain representations of the at least two channels [0092-3], where a downmixer generates a downmix as a combination of the weighted first and second channel signals, i.e. calculating the downmix signal using the weighted spectral domain representations [0060], where the encoder generates the encoded representation, and the invention is performed by a processor, i.e. mixer [0060],[0175]).
Regarding claims 16 and 24, Den Brinker teaches claims 15 and 23, and further teaches
a mono signal processor configured for processing the downmix audio signal and configured to be controlled by data or being implemented as a frequency-time converter (the down-mix is a mono signal which is transformed back to the time domain from the frequency domain [0085], where the encoder generates the encoded representation, and the invention is performed by a processor, i.e. mono signal processor…frequency-time converter [0060],[0175]).
Regarding claim 17, Den Brinker teaches claim 15, and further teaches
the weighting value estimator is configured to calculate a first weighting value for a band of a first channel of the at least two channels (weights are determined for the subbands for the left and right signals, based on the signal characteristics in the subband, i.e. calculate a first weighting value for a band of a first channel of the at least two channels [0092-5]),
to calculate a second weighting value for the band of a second channel of the at least two channels (weights are determined for the subbands for the left and right signals, based on the signal characteristics in the subband, i.e. calculate a second weighting value for a band of a second channel of the at least two channels [0092-5]), and
to calculate the first weighting value and the second weighting value using an energy of the first channel in the band, an energy of the second channel in the band, and a mixed term depending on a product or a linear combination of spectral values from the at least two channels in the band (subband weights may be dependent on energy measures for the left and right signal, i.e. calculate the first weighting value and the second weighting value using an energy of the first channel in the band, an energy of the second channel in the band, as well as a correlation between the energies represented by a cross-power measure that is a normalized measure relative to the energy in at least in at least one of the right and left channels, such as the energy of a combined signal, i.e. a mixed term depending on a product or a linear combination of spectral values from the at least two channels in the band [0024],[0092-5]).
Regarding claim 18, Den Brinker teaches claim 15, and further teaches
calculate, as the mixed term representing the linear combination, a square root of an energy of spectral values added to each other in the band from the spectral domain representations of the at least two channels, wherein the band comprises a plurality of spectral values, or
to calculate, as the mixed term representing the product, an absolute value of a complex dot product between the spectral values in the band of a first channel and the spectral values in the band of a second channel of the at least two channels (the ratio may be used to calculate the downmix signal, i.e. mixed term representing the product [0105], where the ratio is calculated using the inner product of the addition of the subband signals of the left and right channels, i.e. a complex dot product between the spectral values in the band of a first channel and the spectral values in the band of a second channel of the at least two channels [0089],[0099], and where r is a positive value, i.e. calculate an absolute value [0109]).
Regarding claim 19, Den Brinker teaches claim 15, and further teaches
each band of a first channel of the at least two channels and a second channel of the at least two channels comprises a plurality of spectral values (the received left and right signals are converted to the frequency domain, i.e. first and a second channel of the plurality of at least two channels comprises a plurality of spectral values, where processing is subband based, i.e. each band of a first and second channel [0012],[0084],[0091-3]), wherein the spectral weighter is configured to apply the same weight to each spectral value in the band of one of the at least two channels, and to apply another weight to each spectral value in the band of another channel of the at least two channels (the weight for each subband may be different for some values of the first and second channels, i.e. same weight to each spectral value in the band of one of the at least two channels…another weight to each spectral value in the band of another channel of the at least two channels, and the frequency subband value of the first channel is weighted by the weights for the subband of the channel while the frequency subband value of the second channel is weighted by the weights for the subband, i.e. apply the same weight to each spectral value in the band…apply another weight to each spectral value in the band of another channel [0012],[0084],[0091-3],[0105]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, 4-9, 11-13, 21, 22, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Den Brinker, in view of Lee (U.S. PG Pub No. 2012/0093322), as found in the IDS, hereinafter Lee.
Regarding claims 1, 21, and 25, Den Brinker teaches
(claim 1) A downmixer for downmixing a multi-channel signal having at least two channels (an encoder comprising a downmixer for generating a downmix, i.e. downmixer for downmixing, of a multi-channel audio signal comprising at least a first and second channel, i.e. a multi-channel signal having at least two channels [0060]), comprising:
(claim 21) A method for downmixing a multi-channel signal comprising at least two channels (a method, i.e. method, of generating an encoded representation, where an encoder comprising a downmixer for generating a downmix, i.e. downmixing, of a multi-channel audio signal comprising at least a first and second channel, i.e. a multi-channel signal having at least two channels [0060],[0068]), comprising:
(claim 25) A non-transitory digital storage medium having a computer program stored thereon to perform, when said computer program is run by a computer, a method for downmixing a multi-channel signal comprising at least two channels (the invention may be implemented as a combination of hardware and software, such as computer software running on data processors, i.e. storage medium having a computer program stored thereon to perform the method [0175], where the method, i.e. method, is generating an encoded representation, where an encoder comprising a downmixer for generating a downmix, i.e. downmixing, of a multi-channel audio signal comprising at least a first and second channel, i.e. a multi-channel signal having at least two channels [0060],[0068]), the method comprising:
a weighting value estimator configured for estimating band-wise weighting values for the at least two channels, wherein the at least two channels are audio channels, and wherein the multi-channel signal is a multichannel audio signal (for a multi-channel audio signal, i.e. the at least two channels are audio channels, and wherein the multi-channel signal is a multichannel audio signal [0060], weights are determined for the subbands for the left and right signals, based on the signal characteristics in the subband, i.e. estimating band-wise weighting values for the at least two channels [0092-3], where the encoder generates the encoded representation, and the invention is performed by a processor, i.e. weighting value estimator [0060],[0175]);
a spectral weighter configured for weighting spectral domain representations of the at least two channels using the band-wise weighting values (the received left and right signals are converted to the frequency domain, i.e. spectral domain representations of the at least two channels, and subband weights for the left and right subband signals are applied, i.e. weighting spectral domain representations of the at least two channels using the band-wise weighting values [0084],[0091-3], where the encoder generates the encoded representation, and the invention is performed by a processor, i.e. spectral weighter [0060],[0175]);
a mixer configured for mixing the … representations of the at least two channels to acquire a downmix signal (the left and right subband signals have applied subband weights, i.e. representations of the at least two channels [0092-3], where a downmixer generates a downmix as a combination of the weighted first and second channel signals, i.e. mixing the…representations of the at least two channels to acquire a downmix signal [0060], where the encoder generates the encoded representation, and the invention is performed by a processor, i.e. mixer [0060],[0175]).
While Den Brinker provides transforming the downmix mono signal back to the time domain before encoding, Den Brinker does not specifically teach transforming the signals into the time domain before downmixing, and thus does not teach
a converter configured for converting weighted spectral domain representations of the at least two channels into time representations of the at least two channels; and
…mixing the time representations of the at least two channels to acquire a downmix signal.
Lee, however, teaches a converter configured for converting weighted spectral domain representations of the at least two channels into time representations of the at least two channels (pre-downmixing in the frequency domain is performed with respect to each channel where frequency coefficients are applied, i.e. weighted spectral domain representations of the at least two channels, and the results are inversely transformed into the time domain, i.e. converting…into time representations of the at least two channels Figs 1,2,[0036-0040]); and
…mixing the time representations of the at least two channels to acquire a downmix signal (the audio signals generated as a result of the inverse transform, i.e. time representations of the at least two channels, are downmixed for each channel in the time domain, i.e. mixing…to acquire a downmix signal [0040]).
Den Brinker and Lee are analogous art because they are from a similar field of endeavor in downmixing audio signals. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the transformation of a signal back to the time domain before encoding teachings of Den Brinker with performing an inverse transform on signals after processing, but before downmixing as taught by Lee. It would have been obvious to combine the references to reduce the amount of calculations and power required for downmixing multi-channel audio signals (Lee [0042]).
Regarding claim 2, Den Brinker in view of Lee teaches claim 1, and Den Brinker further teaches
calculate a plurality of first band-wise weighting values for a plurality of bands of a first channel of the at least two channels and to calculate a second plurality of band-wise weighting values for the plurality of bands of a second channel of the at least two channels (weights are determined for the subbands, i.e. calculate a plurality of first band-wise weighting values for a plurality of bands…calculate a second plurality of band-wise weighting values for the plurality of bands, for the left and right signals, based on the signal characteristics in the subband, i.e. plurality of bands of a first channel of the at least two channels…plurality of bands of a second channel of the at least two channels [0092-3]), or
wherein the multi-channel signal comprises more than two channels and wherein the weighting value estimator is configured to calculate a plurality of first band-wise weighting values for a plurality of bands of a first channel of the more than two channels, to calculate a second plurality of band-wise weighting values for the plurality of bands of a second channel of the more than two channels and to calculate a further plurality of band-wise weighting values for the plurality of bands of a further channel of the more than two channels.
Regarding claim 4, Den Brinker in view of Lee teaches claim 1, and Den Brinker further teaches
calculate the band-wise weighting values based on a target energy value per band, so that an energy in the band of the downmix signal is in a predetermined relation to energies in the same bands of the at least two channels (weights are determined for the subbands for the left and right signals, based on the signal characteristics in the subband, where the subband weights may be dependent on energy measures for the left and right signal, as well as a correlation between the energies represented by a cross-power measure that is a normalized measure, i.e. based on a target energy value, relative to the energy in at least in at least one of the right and left channels, i.e. calculate the band-wise weighting values based on a target energy value per band, so that an energy in the band of a downmix signal is in a predetermined relation to energies in the same bands of the at least two channels [0092-5]).
Regarding claim 5, Den Brinker in view of Lee teaches claim 1, and Den Brinker further teaches
a core decoder for decoding an encoded signal, the encoded signal comprising encoded spectral domain representations of at least two original channels, wherein the core decoder is configured to generate the spectral domain representations from the encoded spectral domain representations (the decoder receives an encoded signal, which is an encoded downmix signal generated by combining subbands of left and right signals to generate a frequency domain subband downmix signal, i.e. encoded signal comprising encoded spectral domain representations of at least two original channels, where the decoder decodes the encoded downmix signal, i.e. a core decoder for decoding an encoded signal, to generate a decoded frequency domain subband signal to generate a multi-channel signal, i.e. generate the spectral domain representations from the encoded spectral domain representations [0082],[0085],[0138-41], where the invention is performed by a processor, i.e. core decoder [0060],[0175]).
Regarding claims 6 and 22, Den Brinker in view of Lee teaches claims 1 and 21, and Lee further teaches
generate raw time representations using a spectrum-time algorithm (an inverse FFT, i.e. spectrum-time algorithm, is employed to convert signals in the frequency domain into signals in the time domain, i.e. generate raw time representations using a spectrum-time algorithm [0009]), and to post process, using a post-processor, the raw time representations to acquire the time representations (the levels of audio signals in the time domain are adjusted for the channels before downmixing, i.e. post process the raw time representations, in signal processing direction before the mixing by the mixer, where the frequency coefficients for each channel are used for the adjustment, i.e. to acquire the time representations [0009-10], where a processor performs the operations, i.e. post-processor [0108]).
Where the motivation to combine is the same as previously presented.
Regarding claim 7, Den Brinker in view of Lee teaches claim 1, and Den Brinker further teaches
the weighting value estimator is configured to calculate a first weighting value for a band of a first channel of the at least two channels (weights are determined for the subbands for the left and right signals, based on the signal characteristics in the subband, i.e. calculate a first weighting value for a band of a first channel of the at least two channels [0092-5]),
wherein the weighting value estimator is configured to calculate a second weighting value for the band of a second channel of the at least two channels (weights are determined for the subbands for the left and right signals, based on the signal characteristics in the subband, i.e. calculate a second weighting value for a band of a second channel of the at least two channels [0092-5]), and
wherein the weighting value estimator is configured to calculate the first weighting value and the second weighting value using an energy of the first channel in the band, an energy of the second channel in the band, and a mixed term depending on a product or a linear combination of spectral values from the at least two channels in the band (subband weights may be dependent on energy measures for the left and right signal, i.e. calculate the first weighting value and the second weighting value using an energy of the first channel in the band, an energy of the second channel in the band, as well as a correlation between the energies represented by a cross-power measure that is a normalized measure relative to the energy in at least in at least one of the right and left channels, such as the energy of a combined signal, i.e. a mixed term depending on a product or a linear combination of spectral values from the at least two channels in the band [0024],[0092-5]).
Regarding claim 8, Den Brinker in view of Lee teaches claim 1, and Den Brinker further teaches
calculate, as the mixed term representing the linear combination, a square root of an energy of spectral values added to each other in the band from the spectral domain representations of the at least two channels, wherein the band comprises a plurality of spectral values, or
to calculate, as the mixed term representing the product, an absolute value of a complex dot product between the spectral values in the band of a first channel and the spectral values in the band of a second channel of the at least two channels (the ratio may be used to calculate the downmix signal, i.e. mixed term representing the product [0105], where the ratio is calculated using the inner product of the addition of the subband signals of the left and right channels, i.e. a complex dot product between the spectral values in the band of a first channel and the spectral values in the band of a second channel of the at least two channels [0089],[0099], and where r is a positive value, i.e. calculate an absolute value [0109]).
Regarding claim 9, Den Brinker in view of Lee teaches claim 1, and Den Brinker further teaches
each band of a first channel of the at least two channels and a second channel of the at least two channels comprises a plurality of spectral values (the received left and right signals are converted to the frequency domain, i.e. first and a second channel of the plurality of at least two channels comprises a plurality of spectral values, where processing is subband based, i.e. each band of a first and second channel [0012],[0084],[0091-3]), wherein the spectral weighter is configured to apply the same weight to each spectral value in the band of one of the at least two channels, and to apply another weight to each spectral value in the band of another channel of the at least two channels (the weight for each subband may be different for some values of the first and second channels, i.e. same weight to each spectral value in the band of one of the at least two channels…another weight to each spectral value in the band of another channel of the at least two channels, and the frequency subband value of the first channel is weighted by the weights for the subband of the channel while the frequency subband value of the second channel is weighted by the weights for the subband, i.e. apply the same weight to each spectral value in the band…apply another weight to each spectral value in the band of another channel [0012],[0084],[0091-3],[0105]).
Regarding claim 11, Den Brinker in view of Lee teaches claim 1, and Den Brinker further teaches
the mixer is configured to apply a sample-by-sample addition of the … representations of the at least two channels (the down-mix signal in each subband, i.e. sample-by-sample, may be generated by multiplying the weight by the respective subband signal for the left channel and the right channel, i.e. representations of the at least two channels, and the resulting terms are added to generate the downmix signal for the subband, i.e. apply a sample-by-sample addition [0105],[0108]), or
wherein the mixer is configured to apply a sample-by-sample addition of the time representations of the at least two channels and a scaling operation applied to a result of the sample-by-sample addition or applied to inputs into the sample-by-sample addition.
Where Lee teaches that the downmixing is performed in the time domain, i.e. time representations [0040].
And where the motivation to combine is the same as previously presented.
Regarding claim 12, Den Brinker in view of Lee teaches claim 1, and Lee further teaches
generate raw time representations using a spectrum-time algorithm (and inverse FFT, i.e. spectrum-time algorithm, is employed to convert signals in the frequency domain into signals in the time domain, i.e. generate raw time representations using a spectrum-time algorithm [0009]), and to post process the raw time representations individually, in signal processing direction before the mixing by the mixer, using separate control information for the channels to acquire the time representations (the levels of audio signals in the time domain are adjusted for the channels before downmixing, i.e. post process the raw time representations individually, in signal processing direction before the mixing by the mixer, where the frequency coefficients for each channel are used for the adjustment, i.e. using separate control information for the channels to acquire the time representations [0009-10]).
Where the motivation to combine is the same as previously presented.
Regarding claim 13, Den Brinker in view of Lee teaches claim 12, and Lee further teaches
perform, as the post processing, a bass post- filtering, a TCX-LTP (Transform Coded Excitation Long Term Prediction) processing or an LPC (Linear Prediction Coding) synthesis individually for each time representation (multi-channel audio signals are adjusted before downmixing, i.e. post processing, which can include discarding signals in a low frequency effects channel, i.e. bass post-filtering [0009-10]).
Where the motivation to combine is the same as previously presented.
Claim(s) 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Den Brinker, in view of Lee, and further in view of Moon et al. (U.S. PG Pub No. 2014/0046670), as found in the IDS, hereinafter Moon.
Regarding claim 3, Den Brinker in view of Lee teaches claim 1, and Den Brinker further teaches
wherein the weighting value estimator is configured to calculate the band-wise weighting values for bands… (weights are determined for the subbands for the left and right signals, based on the signal characteristics in the subband, i.e. calculate the band-wise weighting values for bands [0092-3]).
While Den Brinker in view of Lee provides processing the signals by subband, Den Brinker in view of Lee does not specifically teach that the bands are associated with frequency bins, and thus does not teach
wherein the spectral domain representations of the at least two channels each comprise a set of frequency bins, where spectral values are associated with the frequency bins,
wherein the weighting value estimator is configured to calculate the band-wise weighting values for bands, wherein each band comprises one, two or more frequency bins, or
wherein a number of frequency bins per band increases with bands comprising a higher center frequency.
Moon, however, teaches wherein the spectral domain representations … each comprise a set of frequency bins, where spectral values are associated with the frequency bins (for a signal in a frequency domain, i.e. spectral domain representations, each subband has frequency bins, i.e. comprise a set of frequency bins, where the frequency bins may be part of a low-frequency or high frequency band, i.e. spectral values are associated with the frequency bins [0049-50]),
wherein the weighting value estimator is configured to calculate the band-wise weighting values for bands, wherein each band comprises one, two or more frequency bins, or
wherein a number of frequency bins per band increases with bands comprising a higher center frequency.
Where Den Brinker teaches that the process is performed on a multi-channel signal [0076].
Den Brinker, Lee, and Moon are analogous art because they are from a similar field of endeavor in encoding audio signals. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the processing of signals by subband teachings of Den Brinker, as modified by Lee, with each subband having frequency bins as taught by Moon. It would have been obvious to combine the references to merge frequency bins toward a particular band for resolution enhancement (Moon [0050]).
Regarding claim 10, Den Brinker in view of Lee teaches claim 1.
While Den Brinker in view of Lee provides converting audio signals between the frequency and time domains, Den Brinker in view of Lee does not specifically teach that the conversion is performed using MDCT and inverse MDCT, and thus does not teach
the weighted spectral domain representations are MDCT (modified discrete cosine transform) spectra, and
wherein the converter is configured to perform, for each channel of the plurality of channels, an inverse MDCT transform using a synthesis windowing operation and an overlap-add operation.
Moon, however, teaches the …spectral domain representations are MDCT (modified discrete cosine transform) spectra (the transform unit may transform the audio signal from the time domain to the frequency domain for further processing, i.e. spectral domain representations are MDCT (modified discrete cosine transform) spectra [0049],[0059]), and
wherein the converter is configured to perform, …, an inverse MDCT transform using a synthesis windowing operation and an overlap-add operation (the inverse-transform unit may inverse-transform the signals in the frequency domain using an inverse MDCT, i.e. perform…an inverse MDCT transform, where the time domain signal may further have synthesis windowing and an overlap-and-add process, i.e. using a synthesis windowing operation and an overlap-add operation [0059-60]).
Where Den Brinker teaches that the signals in the frequency domain have had weights applied and the process is performed on a multi-channel signal [0076],[0084],[0091-3]).
Den Brinker, Lee, and Moon are analogous art because they are from a similar field of endeavor in encoding audio signals. Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the converting audio signals between the frequency and time domains of Den Brinker, as modified by Lee, with the use of MDCT as taught by Moon. It would have been obvious to combine the references to utilize MDCT for the advantage that signals in the time domain may be effectively reconstructed using an overlap-and-add scheme (Moon [0043]).
Allowable Subject Matter
Claims 14 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, as well as rewritten or amended (or TD filed) to overcome the rejection(s) under 35 U.S.C. 101 and the ODP 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 Den Brinker (US 20120224702) teaches weighting subbands for a first and second channel in a frequency domain and downmixing the weighted channel subbands. Regarding claim 14, Den Brinker does not teach the calculation of band weighting values using calculation rules including utilizing spectral values from different combinations of the channel signals, and regarding claim 20, the calculation of band weighting values using the specified equation.
Lee (US 20120093322) teaches the conversion of signals from the frequency to the time domain prior to downmixing and processing the time signals prior to downmixing, including discarding low frequency effects channel signals. However, regarding claim 14, Lee does not teach the calculation of band weighting values using calculation rules including utilizing spectral values from different combinations of the channel signals, and regarding claim 20, the calculation of band weighting values using the specified equation.
Moon (US 20140046670) teaches the use of frequency bins for resolution enhancement and the use of MDCT and IMDCT with synthesis windowing and overlap-and-add processes. However, regarding claim 14, Moon does not teach the calculation of band weighting values using calculation rules including utilizing spectral values from different combinations of the channel signals, and regarding claim 20, the calculation of band weighting values using the specified equation.
Par (US 20160269847), as found in the IDS, is cited to disclose the processing of the real and imaginary parts of individual signals for each frequency, where a real or imaginary component can have a value of zero, and where the resulting calculation is used to identify a residual value for use in the downmix and upmix processing. However, regarding claim 14, Par does not teach the calculation of band weighting values using calculation rules including utilizing spectral values from different combinations of the channel signals, and regarding claim 20, the calculation of band weighting values using the specified equation.
Fellers (US 20160005413), as found in the IDS, is cited to disclose receiving only real-valued frequency coefficients and not frequency coefficients with imaginary values. However, regarding claim 14, Fellers does not teach the calculation of band weighting values using calculation rules including utilizing spectral values from different combinations of the channel signals, and regarding claim 20, the calculation of band weighting values using the specified equation.
None of Den Brinker, Lee, Moon, Par, and Fellers, either alone or in combination, teaches or makes obvious the calculation of band weighting values using calculation rules including utilizing spectral values from different combinations of the channel signals, and the calculation of band weighting values using the specified equation. Therefore, none of the cited prior art either alone or in combination, teaches or makes obvious the combination of limitations as recited in the respective dependent claims.
Conclusion
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/NICOLE A K SCHMIEDER/Primary Examiner, Art Unit 2659
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