Ex Parte Deng - Page 10

                Appeal 2007-1864                                                                              
                Application 10/100,717                                                                        
                                                                                                             
                      Certainly, determining rise time necessarily involves determining a                     
                corresponding time constant: the two values are merely proportional.9  But                    
                Hutchins’ segment selection that is based, in effect, on a time constant                      
                clearly does not involve training a time constant through a variety of                        
                articulation styles as claimed, let alone selecting a time constant from a                    
                group of such trained time constants.  At best, Hutchins merely determines                    
                rise time (and therefore a time constant) which forms the basis for segment                   
                selection.                                                                                    
                      For this reason alone, we will not sustain the Examiner’s anticipation                  
                rejection of independent claim 27 and dependent claims 28-35.                                 

                                            Independent claim 13                                              
                      We will, however, sustain the Examiner’s rejection of independent                       
                claim 13.  At the outset, we note an ambiguity in the claim language with                     
                respect to lines 5 and 6 of the claim pertaining to the acoustic environment                  
                value.  Specifically, it is unclear whether the phrase “that depends in part on               
                an acoustic environment value” modifies the preceding “articulatory value”                    
                limitation or the “predicted acoustic value” limitation.                                      
                      That is, the claim could be construed as follows:                                       
                      (1) determining a predicted acoustic value for a phonological unit and                  
                the predicted acoustic value depends in part on an acoustic environment                       
                value; or                                                                                     

                                                                                                             
                9 See First-Order RC and RL Circuits, UCSB ECE2A, Spring 2007 Lab #6,                         
                at                                                                                            
                http://www.ece.ucsb.edu/courses/ECE002/2A_S07Banerjee/ECE2A%20lab                             
                %206.pdf (noting that rise time can be expressed as 2.2 x the time constant).                 
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