Ex Parte Bershad et al - Page 8


                Appeal No. 2006-1690                                                                         
                Application No. 10/154,185                                                                   

                      Regarding claims 11, 12, 14, 18, 19, 21, 23, and 27, appellants argue that             
                Park does not disclose all elements of the device, method, and medium of                     
                independent claims 11, 14, and 21.  Appellants essentially reiterate that Park's             
                power-based measures ERLE1 and ERLE2 merely indicate how well the filters                    
                21 and 22 perform in canceling echo signals and do not necessarily indicate the              
                presence or absence of double-talk [brief, page 6].  Appellants also dispute the             
                examiner's assertion that when ERLE1 is greater than ERLE2 in step 887 in Fig.               
                8C of Park, such a condition will occur only if no double-talk is present [brief,            
                page 6].  Appellants also reiterate that Park does not disclose suspending                   
                weights before portions of the first signal are filtered/canceled [id.].  The                
                examiner responds that during double-talk, the adaptive filter's ERLE drops well             
                below that of the fixed filter [answer, page 17].                                            
                      We will sustain the examiner's anticipation rejection of claims 11, 12, 14,            
                18, 19, 21, 23, and 27.  For the reasons stated previously, Park detects double-             
                talk and suspends replacement of the non-adaptive filter weights before portions             
                of the first signal are cancelled by the non-adaptive filter.                                
                      Regarding claims 20 and 22, appellants argue that Park does not disclose               
                distinguishing between double-talk and channel impulse response changes [brief,              
                page 7].  The examiner responds that Figs. 5 and 6 of Park show that the echo                
                canceller behaves differently in the presence of double-talk compared to echo                
                path change.  Specifically, the examiner contrasts Fig. 5 with Fig. 6 and                    
                emphasizes that only the adaptive filter's ERLE diverges from the true echo path             
                in Fig. 5, but both filters' ERLE decreases in Fig. 6 thus "signaling a divergence           

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