AUDIO ENCODER/DECODER APPARATUS

1 - 46 . (canceled)

47 . A method comprising:

determining a noise estimate for a first part of an audio signal;

comparing the noise estimate to an energy threshold parameter;

determining a damping factor for at least one sub band gain value of a second part of an audio signal, wherein the damping factor is dependent on a result of the comparison; and

applying the damping factor to the sub band gain value.

48 . The method as claimed in claim 47 , further comprising:

determining a pre damping factor for at least one sub band gain value of a second part of an audio signal, wherein the pre damping factor is dependent on a result of the comparison of the noise estimate to a further threshold parameter; and

determining a damping factor for the sub band gain value by applying a sub band related weighting factor to the pre damping factor for the at least one sub band gain value, wherein the sub band weighting factor is dependent on the sub band associated with the sub band gain value.

49 . The method as claimed in claim 48 , wherein when the result of the comparison indicates a first outcome the determining of the pre damping factor for the at least one sub band gain value of the second part of the audio signal comprises interpolating between a damping value and a further damping value.

50 . The method as claimed in claim 49 , wherein the damping value is associated with a minimum level of damping, wherein the further damping value is associated with a maximum level of damping, and wherein the interpolation is linear and is in proportion to the ratio of the value of the noise estimate relative to the energy range between the energy threshold parameter and the further energy threshold parameter.

51 . The method as claimed in claim 48 , wherein when the result of the comparison indicates a second outcome, the determining of the pre damping factor for the at least one sub band gain value of the second part of the audio signal comprises setting the pre damping factor to be a maximum level of damping

52 . The method as claimed in claim 48 , wherein the pre damping factor is associated with a sub set of sub bands of the second part of the audio signal, and wherein the damping factor corresponding to each sub band gain of the sub set of sub bands is determined by applying the sub band weighting factor associated with each sub band of the sub set of sub bands to the pre damping factor.

53 . The method as claimed in claim 52 , wherein the sub set of sub bands of the second part of the audio signal comprises a number of the highest frequency sub bands of the second part of the audio signal, and wherein the value of each sub band weighting factor increases monotonically with each sub band of the sub set of sub bands of the second part of the audio signal.

54 . The method as claimed in claim 53 , wherein the sub set of sub bands of the second part of the audio signal comprises the three highest frequency sub bands, wherein the sub band weighting factor corresponding to third highest frequency sub band is 0.34, wherein the sub band weighting factor corresponding to the second highest frequency sub band is 0.67, and wherein the sub band weighting factor corresponding to the highest frequency sub band is 1.0.

55 . The method as claimed in claim 47 , wherein when the result of the comparison of the noise estimate to the energy threshold parameter indicates that the noise estimate is at least less than the energy threshold parameter the damping factor is determined to be the minimum level of damping.

56 . The method as claimed in claim 47 , wherein the first part of the audio signal is a lower frequency region of the audio signal, and wherein the second part of the audio signal is a higher frequency region of the audio signal.

57 . Apparatus comprising at least one processor and at least one memory including computer code, the at least one memory and the computer code configured to with the at least one processor cause the apparatus to at least:

determine a noise estimate for a first part of an audio signal;

compare the noise estimate to an energy threshold parameter;

determine a damping factor for at least one sub band gain value of a second part of an audio signal, wherein the damping factor is dependent on a result of the comparison; and

apply the damping factor to the sub band gain value.

58 . The apparatus as claimed in claim 57 , further caused to:

determine a pre damping factor for at least one sub band gain value of a second part of an audio signal, wherein the pre damping factor is dependent on a result of the comparison of the noise estimate to a further threshold parameter; and

determine a damping factor for the sub band gain value by causing the apparatus to apply a sub band related weighting factor to the pre damping factor for the at least one sub band gain value, wherein the sub band weighting factor is dependent on the sub band associated with the sub band gain value.

59 . The apparatus as claimed in claim 58 , wherein determine of the pre damping factor for the at least one sub band gain value of the second part of the audio signal causes the apparatus to interpolate between a damping value and a further damping value when the result of the comparison indicates a first outcome.

60 . The apparatus as claimed in claim 59 , wherein the damping value is associated with a minimum level of damping and the further damping value is associated with a maximum level of damping, wherein interpolate between a damping value and a further damping value causes the apparatus tolinear interpolate in proportion to the ratio of the value of the noise estimate relative to the energy range between the energy threshold parameter and the further energy threshold parameter.

61 . The apparatus as claimed in claim 58 , wherein determine of the pre damping factor for the at least one sub band gain value of the second part of the audio signal causes the apparatus to set the pre damping factor to be a maximum level of damping when the result of the comparison indicates a second outcome.

62 . The apparatus as claimed in claim 58 , further caused to associate the pre damping factor with a sub set of sub bands of the second part of the audio signal, and determine the damping factor corresponding to each sub band gain of the sub set of sub bands by applying the sub band weighting factor associated with each sub band of the sub set of sub bands to the pre damping factor.

63 . The apparatus as claimed in claim 62 , wherein the sub set of sub bands of the second part of the audio signal comprises a number of the highest frequency sub bands of the second part of the audio signal, and wherein the value of each sub band weighting factor increases monotonically with each sub band of the sub set of sub bands of the second part of the audio signal.

64 . The apparatus as claimed in claim 63 , wherein the sub set of sub bands of the second part of the audio signal comprises the three highest frequency sub bands, wherein the sub band weighting factor corresponding to third highest frequency sub band is 0.34, wherein the sub band weighting factor corresponding to the second highest frequency sub band is 0.67, and wherein the sub band weighting factor corresponding to the highest frequency sub band is 1.0.

65 . The apparatus as claimed in claim 57 , wherein determine a damping factor for at least one sub band gain value of a second part of an audio signal causes the apparatus to determine the damping factor to be the minimum level of damping where the result of the comparison of the noise estimate to the energy threshold parameter indicates that the noise estimate is at least less than the energy threshold parameter.

66 . The apparatus as claimed in claim 57 , wherein the first part of the audio signal is a lower frequency region of the audio signal, and wherein the second part of the audio signal is a higher frequency region of the audio signal.