DETAILED ACTION
This action is responsive to the Applicant’s amendment filed on January 17, 2025. As set forth in the Applicant’s response, claims 1-17 are canceled and claims 18-20 are newly added.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Reissue Applications
For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. 9,099,078 is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Specification
The disclosure is objected to because of the following informalities:
The amendment to the specification, filed on January 17, 2025 includes a list of copending reissue applications marked with “XX/XXX,XXX”. Since each of the copending application have now been assigned an application number, the specification must be amended to specify each copending application. Appropriate correction is required.
In addition, the Examiner notes that the amendment should specify the column number and line number of the specification to be amended as opposed to the page number.
Reissue Application
The reissue oath/declaration filed with this application is defective (see 37 CFR 1.175 and MPEP § 1414) because of the following:
The Examiner notes that the Applicant’s error statement states that they “erred in claiming too broadly and did not claim further limitations in the audio encoder claims”. The Examiner finds that the reissue claims do not specifically recite “encoder”. In addition, the error stated the limitations “have been added to the audio encoder device” but the statement did not specifically identify a claim which corresponds to the audio encoder device. The Examiner notes that claim 18 is directed to “an upmixer”, claim 19 is directed to “a method” and claim 20 is directed to “a non-transitory computer readable medium”. Thus, the error statement is not clear as to which claims is specifically “an audio encoder device”. It is further noted that the error statement appears on a page title Statement of Status and Support of Clams Pursuant to 37 CFR SECTION 1.173(c). The Examiner finds that this does not pertain to the error statement.
In addition, the reissue declaration checks the 1.46 box which states that “the application for the original patent was field under 37 CFR 1.46 by the assignee of the entire interest.” However, a review of the application for the original patent does not show that it was filed under 37 CFR 1.46.
Claims 18-20 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
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 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18, 24 and 26 of copending Application No. 19/030,638 in view of Davis WO 2005/086139.
Application
19/030,770
19/030,638
Claim 18
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, and to combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other.
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:
a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal, wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, and to combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the upmixer is configured to achieve the decorrelated signal such that the decorrelated signal is a decorrelated version of the downmix audio signal.
The Examiner finds that in the instant application, the claims of the instant application are broader than the claims of US Patent Application No. 19/030,638 since it does not require, “wherein the upmixer is configured to achieve the decorrelated signal such that the decorrelated signal is a decorrelated version of the downmix audio signal” The Examiner maintains that broader claims are not patentably distinct.
In addition, the Examiner acknowledges that the claims of the instant application are also narrower that the copending application since it recites, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other”. However, the Examiner determines that this is not a patentable distinction and that it would have been obvious to a person of ordinary skill in the art to implement such a function.
With respect to wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other, the Examiner finds that Davis discloses that two or more audio input channels are applied to the encoder and the downmixed audio signal to be processed is either an in-phase or a quadrature output. That is, each output channel is in-phase. See page 4, lines 4-13.
Therefore, it would have been obvious to a person of ordinary skill in the art to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase [or 180º out-of-phase] with respect to each other. In addition, the Examiner notes that Davis discloses “[w]hen a Filterbank is implemented by an FFT, input time-domain signals are segmented into consecutive blocks and are usually processed in overlapping blocks. The FFT's discrete frequency outputs (transform coefficients) are referred to as bins, each having a complex value with real and imaginary parts corresponding, respectively, to in- phase and quadrature components.” See page 4, lines 20-24. Thus, it would have been predictable for a person of ordinary skill in the art to combine two versions which are in-phase with each other.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
Thus, the Examiner finds that the current claims are not patentably distinct from the claims of US Patent Application 19/030,638. The Examiner finds that claims 18-20 of the instant application corresponds to claims 18, 24 and 26 of the copending application respectively.
This is a provisional nonstatutory double patenting rejection.
Claims 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-20 of copending Application No. 19/030,830 in view of Davis WO 2005/086139.
Application
19/030,770
19/030,830
Claim 18
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other.
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, and to combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply atime-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising atime-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the upmixer comprises a parameter determinator configured to determine the phase shift on the basis of an inter-channel phase difference parameter.
The Examiner finds that in the instant application, the claims of the instant application are broader than the claims of US Patent Application No. 19/030,830 since it does not require, “wherein the upmixer comprises a parameter determinator configured to determine the phase shift on the basis of an inter-channel phase difference parameter.” The Examiner maintains that broader claims are not patentably distinct.
In addition, the Examiner acknowledges that the claims of the instant application are also narrower that the copending application since it recites, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other”. However, the Examiner determines that this is not a patentable distinction and that it would have been obvious to a person of ordinary skill in the art to implement such a function.
With respect to wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other, the Examiner finds that Davis discloses that two or more audio input channels are applied to the encoder and the downmixed audio signal to be processed is either an in-phase or a quadrature output. That is, each output channel is in-phase. See page 4, lines 4-13.
Therefore, it would have been obvious to a person of ordinary skill in the art to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase [or 180º out-of-phase] with respect to each other. In addition, the Examiner notes that Davis discloses “[w]hen a Filterbank is implemented by an FFT, input time-domain signals are segmented into consecutive blocks and are usually processed in overlapping blocks. The FFT's discrete frequency outputs (transform coefficients) are referred to as bins, each having a complex value with real and imaginary parts corresponding, respectively, to in- phase and quadrature components.” See page 4, lines 20-24. Thus, it would have been predictable for a person of ordinary skill in the art to combine two versions which are in-phase with each other.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
Thus, the Examiner finds that the current claims are not patentably distinct from the claims of US Patent Application 19/030,830. The Examiner finds that claims 18-20 of the instant application corresponds to claims 18-20 of the copending application respectively.
This is a provisional nonstatutory double patenting rejection.
Claims 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-20 of copending Application No. 19/030,770 in view of Davis WO 2005/086139.
Application
19/030,770
19/030,864
Claim 18
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other.
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:
a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal, wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the upmixer is configured to receive a side information describing the upmixing parameters and comprising an inter-channel level difference information.
The Examiner finds that in the instant application, the claims of the instant application are broader than the claims of US Patent Application No. 19/030,864 since it does not require, “wherein the upmixer is configured to receive a side information describing the upmixing parameters and comprising an inter-channel level difference information.”
The Examiner maintains that broader claims are not patentably distinct.
In addition, the Examiner acknowledges that the claims of the instant application are also narrower that the copending application since it recites, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other”. However, the Examiner determines that this is not a patentable distinction and that it would have been obvious to a person of ordinary skill in the art to implement such a function.
With respect to wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other, the Examiner finds that Davis discloses that two or more audio input channels are applied to the encoder and the downmixed audio signal to be processed is either an in-phase or a quadrature output. That is, each output channel is in-phase. See page 4, lines 4-13.
Therefore, it would have been obvious to a person of ordinary skill in the art to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase [or 180º out-of-phase] with respect to each other. In addition, the Examiner notes that Davis discloses “[w]hen a Filterbank is implemented by an FFT, input time-domain signals are segmented into consecutive blocks and are usually processed in overlapping blocks. The FFT's discrete frequency outputs (transform coefficients) are referred to as bins, each having a complex value with real and imaginary parts corresponding, respectively, to in- phase and quadrature components.” See page 4, lines 20-24. Thus, it would have been predictable for a person of ordinary skill in the art to combine two versions which are in-phase with each other.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
Thus, the Examiner finds that the current claims are not patentably distinct from the claims of US Patent Application 19/030,864. The Examiner finds that claims 18-20 of the instant application corresponds to claims 18-20 of the copending application respectively.
This is a provisional nonstatutory double patenting rejection.
Claims 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-20 of copending Application No. 19/030,718 in view of Davis WO 2005/086139.
Application
19/030,770
19/030,718
Claim 18
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other.
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:
a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal, wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in a temporally constant phase relationship.
The Examiner finds that in the instant application, the claims of the instant application are broader than the claims of US Patent Application No. 19/030,718 since it does not require, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in a temporally constant phase relationship.” The Examiner maintains that broader claims are not patentably distinct.
In addition, the Examiner acknowledges that the claims of the instant application are also narrower that the copending application since it recites, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other”. However, the Examiner determines that this is not a patentable distinction and that it would have been obvious to a person of ordinary skill in the art to implement such a function.
With respect to wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other, the Examiner finds that Davis discloses that two or more audio input channels are applied to the encoder and the downmixed audio signal to be processed is either an in-phase or a quadrature output. That is, each output channel is in-phase. See page 4, lines 4-13.
Therefore, it would have been obvious to a person of ordinary skill in the art to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase [or 180º out-of-phase] with respect to each other. In addition, the Examiner notes that Davis discloses “[w]hen a Filterbank is implemented by an FFT, input time-domain signals are segmented into consecutive blocks and are usually processed in overlapping blocks. The FFT's discrete frequency outputs (transform coefficients) are referred to as bins, each having a complex value with real and imaginary parts corresponding, respectively, to in- phase and quadrature components.” See page 4, lines 20-24. Thus, it would have been predictable for a person of ordinary skill in the art to combine two versions which are in-phase with each other.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
Thus, the Examiner finds that the current claims are not patentably distinct from the claims of US Patent Application 19/030,718. The Examiner finds that claims 18-20 of the instant application corresponds to claims 18-20 of the copending application respectively.
This is a provisional nonstatutory double patenting rejection.
Claims 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-20 of copending Application No. 19/031,786 in view of Davis WO 2005/086139.
Application
19/030,770
19/031,786
Claim 18
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other.
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:
a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal, wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the upmixer is configured to receive a side information describing the upmixing parameters and comprising an inter-channel-correlation information.
The Examiner finds that in the instant application, the claims of the instant application are broader than the claims of US Patent Application No. 19/031,786 since it does not require, “wherein the upmixer is configured to receive a side information describing the upmixing parameters and comprising an inter-channel-correlation information”. The Examiner maintains that broader claims are not patentably distinct.
In addition, the Examiner acknowledges that the claims of the instant application are also narrower that the copending application since it recites, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other”. However, the Examiner determines that this is not a patentable distinction and that it would have been obvious to a person of ordinary skill in the art to implement such a function.
With respect to wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other, the Examiner finds that Davis discloses that two or more audio input channels are applied to the encoder and the downmixed audio signal to be processed is either an in-phase or a quadrature output. That is, each output channel is in-phase. See page 4, lines 4-13.
Therefore, it would have been obvious to a person of ordinary skill in the art to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase [or 180º out-of-phase] with respect to each other. In addition, the Examiner notes that Davis discloses “[w]hen a Filterbank is implemented by an FFT, input time-domain signals are segmented into consecutive blocks and are usually processed in overlapping blocks. The FFT's discrete frequency outputs (transform coefficients) are referred to as bins, each having a complex value with real and imaginary parts corresponding, respectively, to in- phase and quadrature components.” See page 4, lines 20-24. Thus, it would have been predictable for a person of ordinary skill in the art to combine two versions which are in-phase with each other.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
Thus, the Examiner finds that the current claims are not patentably distinct from the claims of US Patent Application 19/030,786. The Examiner finds that claims 18-20 of the instant application corresponds to claims 18-20 of the copending application respectively.
This is a provisional nonstatutory double patenting rejection.
Claims 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18- 20 of copending Application No. 19/031,795 in view of Davis WO 2005/086139.
Application
19/030,770
19/031,795
Claim 18
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other.
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:
a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal, wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the upmixer is configured to receive a side information describing the upmixing parameters and comprising an inter-channel-phase difference information.
The Examiner finds that in the instant application, the claims of the instant application are broader than the claims of US Patent Application No. 19/031,795 since it does not require, “wherein the upmixer is configured to receive a side information describing the upmixing parameters and comprising an inter-channel-phase difference information.” The Examiner maintains that broader claims are not patentably distinct.
In addition, the Examiner acknowledges that the claims of the instant application are also narrower that the copending application since it recites, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other”. However, the Examiner determines that this is not a patentable distinction and that it would have been obvious to a person of ordinary skill in the art to implement such a function.
With respect to wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other, the Examiner finds that Davis discloses that two or more audio input channels are applied to the encoder and the downmixed audio signal to be processed is either an in-phase or a quadrature output. That is, each output channel is in-phase. See page 4, lines 4-13.
Therefore, it would have been obvious to a person of ordinary skill in the art to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase [or 180º out-of-phase] with respect to each other. In addition, the Examiner notes that Davis discloses “[w]hen a Filterbank is implemented by an FFT, input time-domain signals are segmented into consecutive blocks and are usually processed in overlapping blocks. The FFT's discrete frequency outputs (transform coefficients) are referred to as bins, each having a complex value with real and imaginary parts corresponding, respectively, to in- phase and quadrature components.” See page 4, lines 20-24. Thus, it would have been predictable for a person of ordinary skill in the art to combine two versions which are in-phase with each other.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
Thus, the Examiner finds that the current claims are not patentably distinct from the claims of US Patent Application 19/031,795. The Examiner finds that claims 18-20 of the instant application corresponds to claims 18-20 of the copending application respectively.
This is a provisional nonstatutory double patenting rejection.
Claims 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18- 20 of copending Application No. 19/031,817 in view of Davis WO 2005/086139.
Application
19/030,770
19/031,817
Claim 18
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other.
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:
a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal, wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the downmix audio signal is represented in the form of a complex-valued frequency decomposition.
The Examiner finds that in the instant application, the claims of the instant application are broader than the claims of US Patent Application No. 19/031,817 since it does not require, “wherein the downmix audio signal is represented in the form of a complex-valued frequency decomposition.” The Examiner maintains that broader claims are not patentably distinct.
In addition, the Examiner acknowledges that the claims of the instant application are also narrower that the copending application since it recites, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other”. However, the Examiner determines that this is not a patentable distinction and that it would have been obvious to a person of ordinary skill in the art to implement such a function.
With respect to wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other, the Examiner finds that Davis discloses that two or more audio input channels are applied to the encoder and the downmixed audio signal to be processed is either an in-phase or a quadrature output. That is, each output channel is in-phase. See page 4, lines 4-13.
Therefore, it would have been obvious to a person of ordinary skill in the art to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase [or 180º out-of-phase] with respect to each other. In addition, the Examiner notes that Davis discloses “[w]hen a Filterbank is implemented by an FFT, input time-domain signals are segmented into consecutive blocks and are usually processed in overlapping blocks. The FFT's discrete frequency outputs (transform coefficients) are referred to as bins, each having a complex value with real and imaginary parts corresponding, respectively, to in- phase and quadrature components.” See page 4, lines 20-24. Thus, it would have been predictable for a person of ordinary skill in the art to combine two versions which are in-phase with each other.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
Thus, the Examiner finds that the current claims are not patentably distinct from the claims of US Patent Application 19/031,817. The Examiner finds that claims 18-20 of the instant application corresponds to claims 18-20 of the copending application respectively.
This is a provisional nonstatutory double patenting rejection.
Claims 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-20 of copending Application No. 19/031,826 in view of Davis WO 2005/086139.
Application
19/030,770
19/031,826
Claim 18
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, andto combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other.
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:
a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,
wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, and
to combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the upmixer is configured to add a sample of the downmix audio signal, weighted by acomplex-valued matrix entry, and a corresponding sample of the decorrelated signal, weighted with areal-valued matrix entry, to obtain a sample of the first upmixed audio channel signal, and
wherein the upmixer is configured to add a sample of the downmix audio signal, weighted by another complex-valued matrix entry, and a corresponding sample of the decorrelated signal, weighted with another real-valued matrix entry, to obtain a sample of the second upmixed audio channel signal.
The Examiner finds that in the instant application, the claims of the instant application are broader than the claims of US Patent Application No. 19/031,826 since it does not require, “wherein the upmixer is configured to add a sample of the downmix audio signal, weighted by acomplex-valued matrix entry, and a corresponding sample of the decorrelated signal, weighted with areal-valued matrix entry, to obtain a sample of the first upmixed audio channel signal, and wherein the upmixer is configured to add a sample of the downmix audio signal, weighted by another complex-valued matrix entry, and a corresponding sample of the decorrelated signal, weighted with another real-valued matrix entry, to obtain a sample of the second upmixed audio channel signal.” The Examiner maintains that broader claims are not patentably distinct.
In addition, the Examiner acknowledges that the claims of the instant application are also narrower that the copending application since it recites, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other”. However, the Examiner determines that this is not a patentable distinction and that it would have been obvious to a person of ordinary skill in the art to implement such a function.
With respect to wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other, the Examiner finds that Davis discloses that two or more audio input channels are applied to the encoder and the downmixed audio signal to be processed is either an in-phase or a quadrature output. That is, each output channel is in-phase. See page 4, lines 4-13.
Therefore, it would have been obvious to a person of ordinary skill in the art to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase [or 180º out-of-phase] with respect to each other. In addition, the Examiner notes that Davis discloses “[w]hen a Filterbank is implemented by an FFT, input time-domain signals are segmented into consecutive blocks and are usually processed in overlapping blocks. The FFT's discrete frequency outputs (transform coefficients) are referred to as bins, each having a complex value with real and imaginary parts corresponding, respectively, to in- phase and quadrature components.” See page 4, lines 20-24. Thus, it would have been predictable for a person of ordinary skill in the art to combine two versions which are in-phase with each other.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
Thus, the Examiner finds that the current claims are not patentably distinct from the claims of US Patent Application 19/031,826. The Examiner finds that claims 18-20 of the instant application corresponds to claims 18-20 of the copending application respectively.
This is a provisional nonstatutory double patenting rejection.
Claims 18-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-20 of copending Application No. 19/031,833 in view of Davis WO 2005/086139.
Application
19/030,770
19/031,833
Claim 18
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal,wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, and to combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other.
An upmixer for upmixing a downmix audio signal into an upmixed audio signal describing one or more upmixed audio channels, the upmixer comprising:
a parameter applier configured to apply upmixing parameters to upmix the downmix audio signal in order to achieve the upmixed audio signal, wherein the parameter applier is configured to apply a phase shift to the downmix audio signal to achieve a phase-shifted version of the downmix audio signal while leaving a decorrelated signal unmodified by the phase shift, and to combine the phase-shifted version of the downmix audio signal with the decorrelated signal to achieve the upmixed audio signal;
wherein the upmixer is configured to upmix the downmix audio signal into an upmixed audio signal describing a plurality of upmixed audio channels,
wherein the parameter applier is configured to apply the upmixing parameters to upmix the downmix audio signal using the decorrelated signal in order to achieve a first upmixed audio channel signal and a second upmixed audio channel signal,
wherein the parameter applier is configured to apply a time-variant phase shift to the downmix audio signal to achieve at least two versions of the downmix audio signal comprising a time-variant phase shift with respect to each other;
wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal to achieve at least two upmixed audio channel signals such that the decorrelated signal remains unaffected by the time-variant phase shift;
wherein the upmixer is implemented using a hardware apparatus, or using a computer, or using a combination of a hardware apparatus and a computer; and
wherein the upmixer is configured to mix a same amount of decorrelated signal to both upmixed audio channels.
The Examiner finds that in the instant application, the claims of the instant application are broader than the claims of US Patent Application No. 19/031,833 since it does not require, “wherein the upmixer is configured to mix a same amount of decorrelated signal to both upmixed audio channels.” The Examiner maintains that broader claims are not patentably distinct.
In addition, the Examiner acknowledges that the claims of the instant application are also narrower that the copending application since it recites, “wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other”. However, the Examiner determines that this is not a patentable distinction and that it would have been obvious to a person of ordinary skill in the art to implement such a function.
With respect to wherein the parameter applier is configured to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase or 180º out-of-phase with respect to each other, the Examiner finds that Davis discloses that two or more audio input channels are applied to the encoder and the downmixed audio signal to be processed is either an in-phase or a quadrature output. That is, each output channel is in-phase. See page 4, lines 4-13.
Therefore, it would have been obvious to a person of ordinary skill in the art to combine the at least two versions of the downmix audio signal with the decorrelated signal, such that a signal portion of the first upmixed audio channel signal representing the decorrelated signal and a signal portion of the second upmixed audio channel signal representing the decorrelated signal are in-phase [or 180º out-of-phase] with respect to each other. In addition, the Examiner notes that Davis discloses “[w]hen a Filterbank is implemented by an FFT, input time-domain signals are segmented into consecutive blocks and are usually processed in overlapping blocks. The FFT's discrete frequency outputs (transform coefficients) are referred to as bins, each having a complex value with real and imaginary parts corresponding, respectively, to in- phase and quadrature components.” See page 4, lines 20-24. Thus, it would have been predictable for a person of ordinary skill in the art to combine two versions which are in-phase with each other.
In addition, the claim recites both in-phase or out-of-phase. The Examiner finds that this represents a finite number of identified, predictable potential solutions as to the audio signal. One of ordinary skill in the art could have pursed the known potential solutions with a reasonable expectation of success since Davis already discloses it was known to have in-phase audio signals.
Thus, the Examiner finds that the current claims are not patentably distinct from the claims of US Patent Application 19/031,833. The Examiner finds that claims 18-20 of the instant application corresponds to claims 18-20 of the copending application respectively.
This is a provisional nonstatutory double patenting rejection.
Conclusion
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/Ovidio Escalante/
Primary Examiner
Art Unit 3992
Conferee:
/MATTHEW E HENEGHAN/Primary Examiner, Art Unit 3992 /M.F/Supervisory Patent Examiner, Art Unit 3992
Prosecution Insights