`
`METHOD AND APPARATUS FOR
`ENCODING SIGNALS
`
`Serial No.: 11/143,01 1
`
`Filed: June 2, 2005
`
`Art Unit: 2626
`
`Confinnation No.: 8235
`
`Examiner: Huyen X. Vo
`
`Atty. Docket No.: 500593.20017
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`AMENDMENT AND RESPONSE
`
`This Amendment and Response is responsive to the Office Action dated December I 0,
`
`2007 (herein referred to as "the Office Action" or "this Office Action").
`
`CERTIFICATE Of MAILING
`
`I hereby cenify that this paper (along with any document referred to as being attached or enclosed) is being:
`
`EXPRESS MAIL NO. EV SSJ 774 788 US
`181 deposited with the United States Postal Service on June I 0,
`2008, with sufficient postage as Express Mail in an envelope
`addressed to Co
`·ssioncr for Patents, PO Box 1450, Alexandria,
`VA 22313.
`
`FACSIMILE
`D transmitted by facsimile on (date) to the U.S. Patent and Trademark
`Office.
`
`Type Signature Name Here
`
`(Signature of person mailing paper or fee)
`
`NYLIB-8028289.1·500593-20017
`
`IPR2016-01710
`UNIFIED EX1033
`
`
`
`'Serial No.: 111112,478
`
`CLAIMS
`
`1-36. (canceled)
`
`37. (currently amended)
`
`A method of encoding signals, in particular digitized audio signals,
`
`with aR eeeoelieg eleviee_for eeeoelieg the sigaal ie aR eaeoelieg format aael a :13roeessiag eleviee
`
`for :13roeessiag of the eeeodeel sigaal, the method comprising the steps of:
`
`aHtomatieally seleetiag the eaeoelieg format ele13eeelent oe the :13ro13erties of the :13roeessieg
`
`deviee; 0:flei
`
`em13loyieg at least oee of the followieg steps for eletermieiag the seleeteel eediag format.
`
`aseertaieiag the :13ro13erties of the proeessieg ele0viee by a sigaal direeteel to the
`
`13roeessieg eleviee; and eallieg out the 13ro:13erties ef the :13roeessieg deviee from a
`
`storage means.
`
`providing an encoding device for encoding a signal in an encoding format;
`
`providing a processing device for processing the encoded signal; and
`
`providing a control device for determining the encoding format, wherein the encoding
`
`format corresponds to at least one property of the processing device, and wherein the
`
`control device determines the encoding format by carrying out at least the following
`
`steps:
`
`transmitting a test signal to the processing device, wherein the test signal is
`
`transmitted by a test signal generator of the control device; and
`
`detecting at least one property of the processing device.
`
`38. (previously presented)
`
`The method as set forth in claim 37, wherein the processing device
`
`includes at least one of a transmitting device for transmission of the encoded signal and a storage
`
`device for storage of the encoded signal and a decoding device for decoding of the encoded
`
`signal.
`
`39. (currently amended)
`
`The method as set forth in claim 3 7, wherein the processing device
`
`is a transmission device for transmission of the encoded signal.,, and that wherein the transmission
`
`device is used for simultaneously transmitting and receiving the encoded signal.
`
`2
`
`
`
`·Serial No.: 11/112,478
`
`40. (previously presented)
`
`The method as set forth in claim 37, wherein the processing device
`
`is a transmitting device for transmission of the encoded signal and wherein the transmission
`
`device has a decoding device for simultaneous decoding upon the reception of an encoded signal.
`
`41. (cancelled)
`
`The method as set forth in claim 3 7, wherein, prior to determining the
`
`encoding format, the properties of the processing device are ascertained a test signal directed to
`
`the processing device.
`
`42. (currently amended)
`corresponds to the processor power of the processing device is referred te as the J3F013erty thereof
`
`The method as set forth in claim 3 7, wherein the encoding format
`
`so that the encoding format is determined in such a way that it is processed by the processing
`
`device in real time.
`
`43. (currently amended)
`
`The method as set forth in claim 42, wherein the processing device
`
`is a transmission device for transmission of the encoded signal and wherein the encoding format
`
`corresponds to is aetem::i.iaeei in aepeaaeaee 0fl the power of the transmission device so that the
`
`transmission device can effeet affect transmission in real time.
`
`44. (currently amended)
`
`The method as set forth in claim 3 7, wherein the 13ro13erties at least
`
`one property of the processing device are ~called up out of a storage means prior to encoding.
`
`45. (currently amended)
`
`The method as set forth in claim 3 7, wherein, prior to encoding of
`
`the signal, by a display/input device, the user of the encoding device is asked to do at least one
`
`of: preset the desired encoding format and preset the properties at least one property of the
`
`selected processing device.i and encoding is effeetea affected in accordance with the presetting.
`
`46. (previously presented)
`
`The method as set forth in claim 37, wherein the signal is digitized
`
`prior to the encoding operation.
`
`47. (previously presented)
`
`The method as set forth in claim 3 7, wherein the signal is encoded
`
`in a bit rate-reduced encoding format.
`
`3
`
`
`
`Serial No.: 11/112,478
`
`48. (previously presented)
`
`The method as set forth in claim 37, wherein the signal is a
`
`digitized audio signal and the signal is source-encoded having regard to psycho-acoustic
`
`phenomena.
`
`49. (previously presented)
`
`The method as set forth in claim 37, wherein transmission and/or
`
`storage devices of varying capacity are available as processing devices and prior to transmission
`
`and/or storage of the signals, in the case of signals of higher quality, that is to say with a larger
`
`amount of data, a transmission device and/or storage device of larger capacity is selected and in
`
`the transmission and/or storage of signals of lower quality, that is to say with a smaller quantity
`
`of data, a transmission device and/or storage device of smaller capacity is selected.
`
`50. (previously presented)
`
`The method as set forth in claim 37, wherein the signals to be sent
`
`are audio signals, wherein the audio signals are encoded in bit rate-reduced form by the encoding
`
`device, wherein a plurality of transmission channels and/or bit rates are available for
`
`transmission of the signal and wherein the transmission channel and/or the bit rate in the
`
`transmission are so selected that the signal can be transmitted in real time.
`
`51. (previously presented)
`
`The method as set forth in claim 50, wherein a fixedly preset
`
`computing power is adopted for operation in real time.
`
`52. (previously presented)
`
`The method as set forth in claim 37, wherein the processing device
`
`is a transmitting device for transmission of the encoded signal and wlierein the transmission
`
`device has a decoding device for simultaneous decoding upon the reception of an encoded signal,
`
`and wherein a fixedly preset computing power is adopted for operation in real time and wherein
`
`with simultaneous transmission and reception in real time the encoding formats of the encoding
`
`and decoding devices are selected in accordance with the predetermined computing power.
`
`53. (currently amended)
`
`The method as set forth in claim 52, wherein presetting in respect
`
`of the distribution of the computing power and thus the choice of the encoding format in regard
`
`to a preference for the encoding device or the decoding device or parity of the two is effeeted
`
`affected by an input device.
`
`4
`
`
`
`'Serial No.: 11/112,478
`
`54. (cancelled)
`
`In a method of encoding signals, in particular digitized audio signals, with
`
`an encoding device for encoding the signal in an encoding format and a processing device for
`
`processing of the encoded signal, said method including the step of determining the encoding
`
`format dependent on the properties of the encoding device.
`
`55. (cancelled)
`
`The method as set forth in claim 3 7, wherein the encoding format is
`
`determined by a control device.
`
`56. (currently amended)
`
`Apparatus for encoding signals comprising:
`
`an encoding device for encoding a signal in an encoding format;
`
`a processing device for processing the encoded signal; and
`
`a eoatrol deviee whieh automatieally presets the eaeodiag format to be used for eaeodiag
`
`depeadeat oa the properties of said proeessiag deYiee for further proeessiag of the
`
`sigaals;
`
`said eofltrol deviee having a signal generator whieh emits a signal, ay whieh the eefltrol
`
`deviee adjusts the properties of the eonneeted proeessing deviee.
`
`a control device for determining the encoding format, wherein the encoding format
`
`corresponds to at least one property of the processing device, and wherein the control
`
`device determines the encoding format by carrying out at least the following steps:
`
`transmitting a test signal to the processing device, wherein the test signal is
`
`transmitted by a test signal generator of the control device; and
`
`detecting at least one property of the processing device.
`
`57. (currently amended)
`
`Apparatus as set forth in claim 56, wherein, eoaneeted to the
`
`apparatHs, is a transmission device ~connected to the control device; as a processing device for
`
`transmission of the signals to a receiver, wherein the encoding format is adapted by the eoRtrol
`
`deviee to corresponds to the properties of the transmission device.
`
`Apparatus as set forth in claim 57, wherein the encoding format is
`58. (currently amended)
`aaapted ey the eeatrol deviee corresponds to the bit rate of the transmission device.
`
`5
`
`
`
`·Serial No.: 111112,478
`
`59. (currently amended)
`
`Apparatus as set forth in claim 56, having a storage device
`
`connected to the control device, as a processing device, for storage of the signals, wherein the
`
`encoding format is adaj3ted by the eeRtrel deviee te tke preperties corresponds to at least one
`
`property of the storage device.
`
`60. (currently amended)
`
`Apparatus as set forth in claim 56, having a decoding device
`
`connected to the control device, as a processing device, for decoding of the signals, wherein the
`
`encoding format is adaJ3teel by tke eeRtrel ele11iee te the preperties corresponds to at least one
`
`property of the decoding device.
`
`61. (cancelled)
`
`Apparatus as set forth in claim 56, including, connected to the control
`
`device, a transmission and/or storage and/or decoding device, wherein the control device has a
`
`test signal generator which emits a signal by which the control device detects the properties of
`
`the connected processing device and selects the encoding format in accordance with those
`
`properties.
`
`62. (cancelled)
`
`Apparatus as set forth in claim 57, wherein the control device has a test
`
`signal receiver which receives a test signal by which the control device detects the properties of
`
`the connected processing device and selects the encoding format in accordance with those
`
`properties.
`
`63. (previously presented)
`
`Apparatus as set forth in claim 61, wherein the test signal is an
`
`encoded audio signal.
`
`64. (currently amended)
`
`Apparatus as set forth in claim 56, wherein a display/input device
`
`whieh is connected to the control device and by whieh an eneeding fermat te be Hsed by tke
`
`apparatl:ls eaR be preset.
`
`65. (currently amended)
`
`Apparatus as set forth in claim 56, wherein a storage unit whleh is
`
`connected to the control device and in which at least one encoding format is stored.
`
`6
`
`
`
`·serial No.: 11/112,478
`
`66. (currently amended)
`
`Apparatus as set forth in claim 65, wherein the storage unit stores;
`
`stored in the storage Uflit, are the properties of the processing device and the encoding formats
`
`corresponding to the at least one property of the processing device the properties.
`
`67. (previously presented) Apparatus as set forth in claim 56, wherein all settings can be
`
`implemented manually.
`
`68. (previously presented) Apparatus as set forth in claim 56, wherein there is provided a
`
`display which displays the current transmission time of the transmission device/storage time of
`
`the storage device and/or the remaining transmission time of the transmission device/storage
`
`time of the storage device.
`
`69. (previously presented) Apparatus as set forth in claim 56, wherein there is provided a
`
`mixing stage which prior to transmission with the transmission device and/or storage with the
`
`storage device mixes together a plurality of monophonic and/or stereophonic audio signals.
`
`70. (previously presented) Apparatus as set forth in claim 56, wherein the signal which is to
`
`be transmitted with the transmission device and/or stored with the storage device and/or which is
`
`received from the transmission device can be listened to in a listening device.
`
`71. (previously presented) Apparatus as set forth in claim 56, wherein the level of the signal
`
`which is to be transmitted with the transmission device and/or stored with the storage device
`
`and/or which is received from the transmission device can be displayed by a level display.
`
`72. (previously presented) Apparatus as set forth in claim 56, wherein, provided for respective
`
`ones of various processing devices, is a respective control device, wherein the individual control
`
`devices exchange the properties of the processing device interrogated thereby with one or more
`
`of the other control devices.
`
`7
`
`
`
`·Serial No.: 11/112,478
`
`73. (currently amended)
`
`Apparatus as set forth in claim 56, fer eaeaeliag sigaals
`
`eamprisiag: a praeessiag eleviee; B:H:el a eastral ele:viee whieh a\:ltamatieally presets the eaeaeliag
`
`feffflat ta ee Hseel fer eaeaeliag depeaelest ea the f3reperties af saiel f3rseessiag eleviee fer fw=ther
`
`preeessisg af the sigaals; said: eestrel cleviee haviag a sigaal geserater whieh emits a sigaal, ey
`
`·•Yhieh the eestrel eleviee aeljHsts the preperties ef the emmeeted preeessiag eleviee wherein the
`
`control device can be operated either cable-less or via a cabled interface.
`
`8
`
`
`
`·Serial No.: 11/112,478
`
`REMARKS
`
`Claim 37-73 were rejected. Claims l, 37, 39, 42-45, 53, 56-60, 64-66, and 73 are
`
`amended. Claims 41, 54-55, and 61-62 are cancelled. Claims 37-40, 42-53, 56-60, and 63-73
`
`are now pending. The above amendments and the following remarks are considered by
`
`Applicants to overcome each rejection raised by the Examiner and to place the application in
`
`condition for allowance.
`
`Rejections of claims 37-38, 41, 44, 46-47, 49-51, and 54-55 pursuant to 35 US.C. § 102(b)
`
`The Examiner rejected claims 37-38, 41, 44, 46-47, 49-51, 54-55 pursuant to 35 U.S.C. §
`
`102(b) as being anticipated by Taniguchi (EP 0417739).
`
`Taniguchi discloses a speech coding apparatus for compressing speech information and
`
`transmitting compressed speech information. Taniguchi' s apparatus utilizes multimode coding,
`
`such as code excited linear predictive coding.
`
`Taniguchi, however, does not disclose a control device determining an encoding format
`
`that corresponds to at least one property of the processing device by "transmitting a test signal to
`
`the processing device, wherein the test signal is transmitted by a test signal generator of the
`
`control device; and detecting at least one property of the processing device," as required by
`
`amended independent claim 3 7.
`
`In his discussion of claim 41 (now cancelled), the Examiner contended that Taniguchi
`
`discloses that "the properties of the processing device are ascertained a test signal directed to the
`
`processing device (see page 8 line 27-30)." The cited text of Taniguchi provides, "3. A speech
`
`coding apparatus as claimed in claim 1 or claim 2, characterized in that said multiplexed
`
`transmission signal has a fixed bit rate." Applicants contend that this language in no way
`
`discloses a control device determining an encoding format. Applicants further contend that
`
`Taniguchi as a whole fails to disclose the specific method of amended claim 37 by which a
`
`control device determines an encoding format. For these reasons, Applicants respectfully submit
`
`that Taniguchi fails to disclose each limitation of amended independent claim 37, and therefore
`
`Taniguchi does not anticipate claim 37 or its dependent claims 38, 41, 44, 46-47, 49-51, and 54-
`
`55. Accordingly, Applicants respectfully request withdrawal of the rejection.
`
`9
`
`
`
`·serial No.: 11/112,478
`
`Rejections of claims 56-60 and 73 pursuant to 35 US.C. § 102(b)
`
`The Examiner rejected claims 56-60 and 73 pursuant to 35 U.S.C. § 102(b) as being
`
`anticipated by Tomoyuki (EP 0327101).
`
`Tomoyuki discloses a satellite communication system with a variable coding rate, where
`
`the system maintains all channels connectable at all times without resorting to an extra frequency
`
`band.
`
`But similar to Taniguchi, Tomoyuki does not disclose a control device determining an
`
`encoding format that corresponds to at least one property of the processing device by
`
`"transmitting a test signal to the processing device, wherein the test signal is transmitted by a test
`
`signal generator of the control device; and detecting at least one property of the processing
`
`device," as required by amended independent claim 56.
`
`In discussing claim 61 (now cancelled), the Examiner conceded that "Tomoyuki does not
`
`clearly teach the control device has a test signal generator which emits a signal by which the
`
`control device [detects the properties of the connected processing device and selects the
`
`encoding format in accordance with those properties]." (Office Action dated 12/10/07 at 12.)
`
`Applicants agree. Tomoyuki does not even suggest the specific method of amended claim 56 by
`
`which a control device determines an encoding format.
`
`For these reasons, Applicants
`
`respectfully submit that Tomoyuki fails to disclose each limitation of amended independent
`
`claim 56, and therefore Taniguchi does not anticipate claim 56 or its dependent claims 57-60 and
`
`73. Accordingly, Applicants respectfully request withdrawal of the rejection.
`
`Rejections of remaining claims pursuant to 35 US.C. § 103
`
`The Examiner rejected the remaining pending claims of the application pursuant to 35
`
`U.S.C. § 103, basing the rejections on combinations of the following references: Taniguchi,
`
`Tomoyuki, Dieterich (U.S. Pat. No. 6,138,051), Orglmeister (U.S. Pat. No. 5,199,078), Strehl
`
`(DE 3443041), or Brandenburg (U.S. Pat. No. 5,509,017).
`
`The cited references do not render the pending claims obvious. As discussed above,
`
`Taniguchi and Tomoyuki fail to disclose a control device determining an encoding format that
`
`10
`
`
`
`·Serial No.: 11/112,478
`
`corresponds to at least one property of the processing device by "transmitting a test signal to the
`
`processing device, wherein the test signal is transmitted by a test signal generator of the control
`
`device; and detecting at least one property of the processing device." Further, the additional
`
`references cited by the Examiner do not disclose these limitations of amended independent
`
`claims 37 and 56.
`
`In discussing claim 61 (now cancelled), the Examiner contended that "Dieterich teach
`
`[sic] the control device (see fig. 12, 1212) has a test signal generator which emits a signal by
`
`which the control device (see col. 2, lines 14-62 and col. 6 line 17-col. 7 line 52.)" The
`
`Examiner's statement excludes the second half of the claim 61. Applicants presume, however,
`
`that the Examiner meant to contend that Dietrich teaches that "the control device has a test signal
`
`generator which emits a signal by which the control device detects the properties of the
`
`connected processing device and selects the encoding format in accordance with those
`
`properties," as provided by claim 61 (now cancelled).
`
`Applicants respectfully disagree that Dietrich discloses such a test signal generator.
`
`More particularly, Applicants submit that Dietrich does not disclose the claimed method by
`
`which a control device determines an encoding format.
`
`The Examiner's rejection referred to Figure 12 of Dietrich. Figure 12 illustrates "test
`
`apparatus 1200," which includes a "test bitstream generator 1210." The test bitstream generator
`
`"generat[es] a plurality of encoded audio bitstreams for evaluating an audio decoder under test
`
`1230." (Dietrich 6:22-24.) "[A]udio decoder 1230 ... , in tum, generates an audio output 150."
`
`(Dietrich 6:38-39.) "The auditory signs are received by the evaluation tool 1240 to gauge the
`
`performance of the audio decoder under test." (Dietrich 6:42-44.) Thus, Dietrich discloses a test
`
`bitstream generator for testing the performance of an audio decoder, where (1) the test bitstream
`
`generator generates encoded audio bitstreams, (2) the audio decoder generates an audio output,
`
`and (3) an evaluation tool receives the output and determines whether the decoder successfully
`
`decoded the encoded signal.
`
`As discussed above, claims 3 7 and 56 require that a control device determine an encoding
`
`format that corresponds to at least one property of the processing device by "transmitting a test
`
`11
`
`
`
`· Serial No.: 111112,478
`
`signal to the processing device, wherein the test signal is transmitted by a test signal generator of
`
`the control device; and detecting at least one property of the processing device."
`
`Dietrich's bitstream generator for testing the performance of an audio decoder does not
`
`disclose a control device for determining an encoding format. Similarly, Dietrich does not
`
`disclose the transmission of a test signal to a processing device, or the detection of at least one
`
`property of the processing device. Rather, Dietrich simply discloses a bitstream generator for
`
`testing whether an audio decoder is properly decoding:
`
`For these reasons, even if the teachings of the cited references were combined, one would
`
`not arrive at the claimed invention. Further, it would not have been obvious to add to the
`
`teachings of the cited references a control device that determined an encoding format by the
`
`claimed method, and the Examiner provides no argument to the contrary.
`
`For these reasons, it would not have been obvious to one of ordinary skill in the art to
`
`arrive at the invention of independent claims 3 7 and 56, or their dependent claims. According! y,
`
`Applicants respectfully request withdrawal of the rejections.
`
`An early action on the merits of these claims is respectfully requested.
`
`REED SMITH LLP
`599 Lexington A venue
`29th Floor
`New York, NY 10022
`(P) 212-521-5400
`
`Attorney for Applicant
`
`12