Wednesday, February 13, 2013

Obviousness affirmed in Ex parte SINGHAL

Within Ex parte SINGHAL

In our view, Appellants’ general statements regarding Chen’s disclosure is not responsive to the Examiner’s specific findings made in the Answer. Further, Appellants are reminded that merely reciting what the claims recite, and making a general allegation of patentability does not constitute a persuasive argument. See Ex parte Belinne, No. 2009-004693, slip op. at 7 – 8 (BPAI Aug. 10, 2009) (informative).

And, yes, KSR was cited:

Thus, the modification of Oh to apply a window function after skipping frames, as taught or suggested by Chen, merely represents the combination of familiar elements to yield predictable results. See KSR Int’l, Co. v. Teleflex, Inc., 550 U.S. 398, 416 (2007). Therefore, we agree with the Examiner that the combination of Oh and Chen teaches or suggests “applying a window function to the remaining frames,” as recited in claim 1.

Manoj Kumar Singhal is from Bangalore, INDIA and the initial case was prosecuted by MCANDREWS HELD & MALLOY, LTD, with the appeal by Horstemeyer. The patent owner seems to be Broadcom.

The background section of the application states:

[0005] In many audio applications, an audio signal may be modified or processed to achieve a desired characteristic or quality. One of the characteristics of an audio signal that is frequently processed or modified is the speed of the signal. When sounds are recorded, they are often recorded at the normal speed and frequency at which the source plays or produces the signal. When the speed of the signal is modified, however, the frequency often changes, which may be noticed in a changed pitch. For example, if the voice of a woman is recorded at a normal level then played back at a slower rate, the woman's voice will resemble that of a man, or a voice at a lower frequency. Similarly, if the voice of a man is recorded at a normal level then played back at a faster rate, the man's voice will resemble that of a woman, or a voice at a higher frequency.

[0006] Some applications may require that an audio signal be played at a fast rate, while maintaining the same frequency, i.e. keeping the pitch of the sound at the same level as when played back at the normal speed.

[0007] Further limitations and disadvantages of conventional and traditional approaches will become apparent to one of ordinary skill in the art through comparison of such systems with the present invention as set forth in the remainder of the present application with reference to the drawings.

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