METHOD AND APPARATUS FOR
`ENCODING SIGNALS
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` Serial No.: 11/143,011
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`Filed: June 2, 2005
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`Art Unit: 2626
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`Confirmation No.: 8235
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`Examiner: Huyen X. Vo
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` Atty. Docket No.: 500593.20017
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`Commissioner for Patents
`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`Dear Sir:
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`AMENDMENT AND RESPONSE
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`This Amendment and Response is responsive to the Office Action dated December 10,
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`2007 (herein referred to as "the Office Action" or "this Office Action").
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`CERTIFICATE OF MAILING
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`Type Signature Name Here (Signat
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`I hereby certify that this paper (along with any document referred to as being attached or enclosed) is being:
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`EXPRESS MAIL NO. EV 553 774 788 US
`X deposited with the United States Postal Service on June 10,
`2008, with sufficient postage as Express Mail
`in an envelope
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`FACSIMILE
`E] transmitted by facsimile on [date] to the U.S. Patent and Trademark
`Office.
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`e of person ailing paper or fee)
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`(Signature of person mailing paper or fee)
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`RPX Exhibit 1104
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`RPX Exhibit 1104
`RPX v. DAE
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`RPX V. DAE
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`NYLIB-80232891-500593-20017
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`

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`‘Serial No.: 11/112,478
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`CLAIMS
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`1-36. (canceled)
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`37. (currently amended)
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`A method of encoding signals, in particular digitized audio signals,
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`
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`providing an encoding device for encoding a signal in an encoding format;
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`providing a processing device for processing the encoded signal; and
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`providing a control device for determining the encoding format, wherein the encoding
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`format corresponds to at least one property of the processing device, and wherein the
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`control device determines the encoding format by cgrgying out at least the following
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`St_€PLS;
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`transmitting a test signal to the processing device, wherein the test signal is
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`transmitted by a test signal generator of the control device; and
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`detecting at least one property of the processing device.
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`38. (previously presented)
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`The method as set forth in claim 37, wherein the processing device
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`includes at least one of a transmitting device for transmission of the encoded signal and a storage
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`device for storage of the encoded signal and a decoding device for decoding of the encoded
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`signal.
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`39. (currently amended)
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`The method as set forth in claim 37, wherein the processing device
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`is a transmission device for transmission of the encoded signal; and that wherein gh_etransmission
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`device is used for simultaneously transmitting and receiving the encoded signal.
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`

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`‘Serial No.: 11/112,478
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`40. (previously presented)
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`The method as set forth in claim 37, wherein the processing device
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`is a transmitting device for transmission of the encoded signal and wherein the transmission
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`device has a decoding device for simultaneous decoding upon the reception of an encoded signal.
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`41. (cancelled)
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`The method as set forth in claim 37, wherein, prior to determining the
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`encoding format, the properties of the processing device are ascertained a test signal directed to
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`the processing device.
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`42. (currently amended)
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`The method as set forth in claim 37, wherein the encoding fonnat
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`corresponds to the processor power of the processing deviceE+
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`so that the encoding format is determined in such a way that it is processed by the processing
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`device in real time.
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`43. (currently amended)
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`The method as set forth in claim 42, wherein the processing device
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`is a transmission device for transmission of the encoded signal and wherein the encoding format
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`corresponds to
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`the power of the transmission device so that the
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`transmission device can effeet affect transmission in real time.
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`44. (currently amended)
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`The method as set forth in claim 37, wherein the properties at least
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`one property of the processing device are iicalled up out of a storage means prior to encoding.
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`45. (currently amended)
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`The method as set forth in claim 37, wherein, prior to encoding of
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`the signal, by a display/input device, the user of the encoding device is asked to do at least one
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`of: preset the desired encoding format and preset the properties at least one property of the
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`selected processing device, and encoding is effeeteel affected in accordance with the presetting.
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`46. (previously presented)
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`The method as set forth in claim 37, wherein the signal is digitized
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`prior to the encoding operation.
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`47. (previously presented)
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`The method as set forth in claim 37, wherein the signal is encoded
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`in a bit rate-reduced encoding format.
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`Serial No.: 11/112,478
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`48. (previously presented)
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`The method as set forth in claim 37, wherein the signal is a
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`digitized audio signal and the signal is source-encoded having regard to psycho-acoustic
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`phenomena.
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`49. (previously presented)
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`The method as set forth in claim 37, wherein transmission and/or
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`storage devices of varying capacity are available as processing devices and prior to transmission
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`and/or storage of the signals, in the case of signals of higher quality, that is to say with a larger
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`amount of data, a transmission device and/or storage device of larger capacity is selected and in
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`the transmission and/or storage of signals of lower quality, that is to say with a smaller quantity
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`of data, a transmission device and/or storage device of smaller capacity is selected.
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`50. (previously presented)
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`The method as set forth in claim 37, wherein the signals to be sent
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`are audio signals, wherein the audio signals are encoded in bit rate-reduced form by the encoding
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`device, wherein a plurality of transmission channels and/or bit rates are available for
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`transmission of the signal and wherein the transmission channel and/or the bit rate in the
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`transmission are so selected that the signal can be transmitted in real time.
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`51. (previously presented)
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`The method as set forth in claim 50, wherein a fixedly preset
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`computing power is adopted for operation in real time.
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`52. (previously presented)
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`The method as set forth in claim 37, wherein the processing device
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`is a transmitting device for transmission of the encoded signal and wherein the transmission
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`device has a decoding device for simultaneous decoding upon the reception of an encoded signal,
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`and wherein a fixedly preset computing power is adopted for operation in real time and wherein
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`with simultaneous transmission and reception in real time the encoding formats of the encoding
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`and decoding devices are selected in accordance with the predetermined computing power.
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`53. (currently amended)
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`The method as set forth in claim 52, wherein presetting in respect
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`of the distribution of the computing power and thus the choice of the encoding format in regard
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`to a preference for the encoding device or the decoding device or parity of the two is effeeted
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`affected by an input device.
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`‘Serial No.: 11/112,478
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`54. (cancelled)
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`In a method of encoding signals, in particular digitized audio signals, with
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`an encoding device for encoding the signal in an encoding format and a processing device for
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`processing of the encoded signal, said method including the step of determining the encoding
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`format dependent on the properties of the encoding device.
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`55. (cancelled)
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`The method as set forth in claim 37, wherein the encoding format is
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`determined by a control device.
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`56. (currently amended)
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`Apparatus for encoding signals comprising:
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`an encoding device for encoding a signal in an encoding format;
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`a processing device for processing the encoded signal; and
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`a control device for determining the encoding format, wherein the encoding format
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`corresponds to at least one property of the processing device, and wherein the control
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`device determines the encoding format by carrying out at least the following steps:
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`transmitting a test signal to the processing device, wherein the test signal is
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`transmitted by a test signal generator of the control device‘, and
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`detecting at least one propem of the processing device.
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`57. (currently amended)
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`Apparatus as set forth in claim 56, wherein
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`apparatusris a transmission device isconnected to the control device; as a processing device for
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`transmission of the signals to a receiver, wherein the encoding format
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`de~=iee—te—corresponds to the properties of the transmission device.
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`58. (currently amended)
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`Apparatus as set forth in claim 57, wherein the encoding format is
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` corresponds to the bit rate of the transmission device.
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`‘Serial No.: 11/112,478
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`59. (currently amended)
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`Apparatus as set forth in claim 56, having a storage device
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`connected to the control device, as a processing device, for storage of the signals, wherein the
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`encoding format corresponds to at least one
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`property of the storage device.
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`60. (currently amended)
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`Apparatus as set forth in claim 56, having a decoding device
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`connected to the control device, as a processing device, for decoding of the signals, wherein the
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`encoding format
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`property of the decoding device.
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`corresponds to at least one
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`61. (cancelled)
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`Apparatus as set forth in claim 56, including, connected to the control
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`device, a transmission and/or storage and/or decoding device, wherein the control device has a
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`test signal generator which emits a signal by which the control device detects the properties of
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`the connected processing device and selects the encoding format in accordance with those
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`properties.
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`62. (cancelled)
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`Apparatus as set forth in claim 57, wherein the control device has a test
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`signal receiver which receives a test signal by which the control device detects the properties of
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`the connected processing device and selects the encoding format in accordance with those
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`properties.
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`63. (previously presented)
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`Apparatus as set forth in claim 61, wherein the test signal is an
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`encoded audio signal.
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`64. (currently amended)
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`Apparatus as set forth in claim 56, wherein a display/input device
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`whieh is connected to the control device
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` .
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`65. (currently amended)
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`Apparatus as set forth in claim 56, wherein a storage unit whieh is
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`connected to the control device and in which at least one encoding format is stored.
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`‘Serial No.: 11/112,478
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`66. (currently amended)
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`Apparatus as set forth in claim 65, wherein the storage unit stores ;
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`m the properties of the processing device and the encoding formats
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`corresponding to the at least one property of the processing device .
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`67. (previously presented)
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`Apparatus as set forth in claim 56, wherein all settings can be
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`implemented manually.
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`68. (previously presented)
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`Apparatus as set forth in claim 56, wherein there is provided a
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`display which displays the current transmission time of the transmission device/storage time of
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`the storage device and/or the remaining transmission time of the transmission device/storage
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`time of the storage device.
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`69. (previously presented)
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`Apparatus as set forth in claim 56, wherein there is provided a
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`mixing stage which prior to transmission with the transmission device and/or storage with the
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`storage device mixes together a plurality of monophonic and/or stereophonic audio signals.
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`70. (previously presented)
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`Apparatus as set forth in claim 56, wherein the signal which is to
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`be transmitted with the transmission device and/or stored with the storage device and/or which is
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`received from the transmission device can be listened to in a listening device.
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`71. (previously presented)
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`Apparatus as set forth in claim 56, wherein the level of the signal
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`which is to be transmitted with the transmission device and/or stored with the storage device
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`and/or which is received from the transmission device can be displayed by a level display.
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`72. (previously presented)
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`Apparatus as set forth in claim 56, wherein, provided for respective
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`ones of various processing devices, is a respective control device, wherein the individual control
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`devices exchange the properties of the processing device interrogated thereby with one or more
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`of the other control devices.
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`‘Serial No.: 11/112,478
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`73. (currently amended)
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`Apparatus as set forth in claim 56 fer—eneed-iag-signal-s
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`control device can be operated either cable-less or via a cabled interface.
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`‘Serial No.: 11/112,478
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`REMARKS
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`Claim 37-73 were rejected. Claims 1, 37, 39, 42-45, 53, 56-60, 64-66, and 73 are
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`amended. Claims 41, 54-55, and 61-62 are cancelled. Claims 37-40, 42-53, 56-60, and 63-73
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`are now pending.
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`The above amendments and the following remarks are considered by
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`Applicants to overcome each rejection raised by the Examiner and to place the application in
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`condition for allowance.
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`Rejections ofclaims 3 7-38, 41, 44, 46-47, 49-51, and 54-55 pursuant to 35 US. C. § 102(b)
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`The Examiner rejected claims 37-38, 41, 44, 46-47, 49-51, 54-55 pursuant to 35 U.S.C. §
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`102(b) as being anticipated by Taniguchi (EP 0417739).
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`Taniguchi discloses a speech coding apparatus for compressing speech information and
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`transmitting compressed speech information. Taniguchi’s apparatus utilizes multimode coding,
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`such as code excited linear predictive coding.
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`Taniguchi, however, does not disclose a control device determining an encoding format
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`that corresponds to at least one property of the processing device by “transmitting a test signal to
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`the processing device, wherein the test signal is transmitted by a test signal generator of the
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`control device; and detecting at least one property of the processing device,” as required by
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`amended independent claim 37.
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`In his discussion of claim 41 (now cancelled), the Examiner contended that Taniguchi
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`discloses that “the properties of the processing device are ascertained a test signal directed to the
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`processing device (see page 8 line 27-30).” The cited text of Taniguchi provides, “3. A speech
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`coding apparatus as claimed in claim 1 or claim 2, characterized in that said multiplexed
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`transmission signal has a fixed bit rate.” Applicants contend that this language in no way
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`discloses a control device determining an encoding format. Applicants further contend that
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`Taniguchi as a whole fails to disclose the specific method of amended claim 37 by which a
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`control device determines an encoding format. For these reasons, Applicants respectfully submit
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`that Taniguchi fails to disclose each limitation of amended independent claim 37, and therefore
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`Taniguchi does not anticipate claim 37 or its dependent claims 38, 41, 44, 46-47, 49-51, and 54-
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`55. Accordingly, Applicants respectfully request withdrawal of the rejection.
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`‘Serial No.: 11/1 12,478
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`Rejections ofclaims 56-60 and 73 pursuant to 35 US. C. § 102(b)
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`The Examiner rejected claims 56-60 and 73 pursuant to 35 U.S.C. § 102(b) as being
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`anticipated by Tomoyuki (EP 0327101).
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`Tomoyuki discloses a satellite communication system with a variable coding rate, where
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`the system maintains all channels connectable at all times without resorting to an extra frequency
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`band.
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`But similar to Taniguchi, Tomoyuki does not disclose a control device determining an
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`encoding format
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`that corresponds to at
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`least one property of the processing device by
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`“transmitting a test signal to the processing device, wherein the test signal is transmitted by a test
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`signal generator of the control device; and detecting at least one property of the processing
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`device,” as required by amended independent claim 56.
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`In discussing claim 61 (now cancelled), the Examiner conceded that “Tomoyuki does not
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`clearly teach the control device has a test signal generator which emits a signal by which the
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`control device [detects the properties of the connected processing device and selects the
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`encoding format in accordance with those properties].” (Office Action dated 12/10/07 at 12.)
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`Applicants agree. Tomoyuki does not even suggest the specific method of amended claim 56 by
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`which a control device determines an encoding format.
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`For these reasons, Applicants
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`respectfully submit that Tomoyuki fails to disclose each limitation of amended independent
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`claim 56, and therefore Taniguchi does not anticipate claim 56 or its dependent claims 57-60 and
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`73. Accordingly, Applicants respectfully request withdrawal of the rejection.
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`Rejections ofremaining claims pursuant to 35 US. C. 59 103
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`The Examiner rejected the remaining pending claims of the application pursuant to 35
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`U.S.C. § 103, basing the rejections on combinations of the following references: Taniguchi,
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`Tomoyuki, Dieterich (U.S. Pat. No. 6,138,051), Orglmeister (U.S. Pat. No. 5,199,078), Strehl
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`(DE 3443041), or Brandenburg (U.S. Pat. No. 5,509,017).
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`The cited references do not render the pending claims obvious. As discussed above,
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`Taniguchi and Tomoyuki fail to disclose a control device determining an encoding format that
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`‘Serial No.: 11/112,478
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`corresponds to at least one property of the processing device by “transmitting a test signal to the
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`processing device, wherein the test signal is transmitted by a test signal generator of the control
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`device; and detecting at least one property of the processing device.” Further, the additional
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`references cited by the Examiner do not disclose these limitations of amended independent
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`claims 37 and 56.
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`In discussing claim 61 (now cancelled), the Examiner contended that “Dieterich teach
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`[sic] the control device (see fig. 12, 1212) has a test signal generator which emits a signal by
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`which the control device (see col. 2,
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`lines 14-62 and col. 6 line 17-col. 7 line 52.)” The
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`Examiner’s statement excludes the second half of the claim 61. Applicants presume, however,
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`that the Examiner meant to contend that Dietrich teaches that “the control device has a test signal
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`generator which emits a signal by which the control device detects the properties of the
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`connected processing device and selects the encoding format
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`in accordance with those
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`properties,” as provided by claim 61 (now cancelled).
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`Applicants respectfully disagree that Dietrich discloses such a test signal generator.
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`More particularly, Applicants submit that Dietrich does not disclose the claimed method by
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`which a control device detennines an encoding format.
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`The Examiner’s rejection referred to Figure 12 of Dietrich. Figure 12 illustrates “test
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`apparatus 1200,” which includes a “test bitstream generator 12l0.” The test bitstream generator
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`“generat[es] a plurality of encoded audio bitstreams for evaluating an audio decoder under test
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`1230.” (Dietrich 6:22-24.) “[A]udio decoder 1230 ..., in turn, generates an audio output 150.”
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`(Dietrich 6:38-39.) “The auditory signs are received by the evaluation tool 1240 to gauge the
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`perfonnance of the audio decoder under test.” (Dietrich 6:42-44.) Thus, Dietrich discloses a test
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`bitstream generator for testing the performance of an audio decoder, where (1) the test bitstream
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`generator generates encoded audio bitstreams, (2) the audio decoder generates an audio output,
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`and (3) an evaluation tool receives the output and determines whether the decoder successfully
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`decoded the encoded signal.
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`As discussed above, claims 37 and 56 require that a control device determine an encoding
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`format that corresponds to at least one property of the processing device by “transmitting a test
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`11
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`- Serial No.2 '11/112,478
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`signal to the processing device, wherein the test signal is transmitted by a test signal generator of
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`the control device; and detecting at least one property of the processing device.”
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`Dietrich’s bitstream generator for testing the performance of an audio decoder does not
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`disclose a control device for determining an encoding format. Similarly, Dietrich does not
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`disclose the transmission of a test signal to a processing device, or the detection of at least one
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`property of the processing device. Rather, Dietrich simply discloses a bitstream generator for
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`testing whether an audio decoder is properly decoding.‘
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`For these reasons, even if the teachings of the cited references were combined, one would
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`not arrive at the claimed invention. Further,
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`it would not have been obvious to add to the
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`teachings of the cited references a control device that determined an encoding format by the
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`claimed method, and the Examiner provides no argument to the contrary.
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`For these reasons, it would not have been obvious to one of ordinary skill in the art to
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`arrive at the invention of independent claims 37 and 56, or their dependent claims. Accordingly,
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`Applicants respectfully request withdrawal of the rejections.
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`An early action on the merits of these claims is respectfully requested.
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`
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`REED SMITH LLP
`599 Lexington Avenue
`29"‘ Floor
`New York, NY 10022
`(P) 212-521-5400
`
`Attorney for Applicant
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