Notice of Allowability
`
`Application No.
`
`11/143,011
`Examiner
`
`Applicant(s)
`
`WIESE ET AL.
`Art Unit
`
`HUYEN X. VO
`
`2626
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1. IZI This communication is responsive to 611012008.
`2. IZI The allowed claim(s) is/are 37-40, 42-53, 56-60, and 63-73.
`3. IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`b) D Some*
`c) D None
`a) [8J All
`of the:
`1. [8J Certified copies of the priority documents have been received.
`2. [8J Certified copies of the priority documents have been received in Application No. 091462.049.
`3. D Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`4. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`5. D CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail Date __ .
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. D Notice of References Cited (PT0-892)
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`3. D Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date __
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. D Notice of Informal Patent Application
`6. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`7. [8J Examiner's AmendmenUComment
`
`8. [8J Examiner's Statement of Reasons for Allowance
`9. D Other __ .
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20081004
`
`IPR2016-01710
`UNIFIED EX1034
`
`

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`Application/Control Number: 11/143,011
`Art Unit: 2626
`
`Page 2
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`DETAILED ACTION
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`EXAMINER'S AMENDMENT
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`1.
`
`An examiner's amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
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`submitted no later than the payment of the issue fee.
`
`The application has been amended as follows:
`
`In claim 63, "61" in line 1 should read - 56 -.
`
`Allowable Subject Matter
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`2.
`
`Claims 37-40, 42-53, 56-60, and 63-73 are allowed over prior art of record. The
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`following is an examiner's statement of reasons for allowance: Taniguchi et al. (EP
`
`417739, already of record) disclose a method of and apparatus for encoding signals, in
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`particular digitized audio signals, the method and apparatus comprising the steps of:
`
`providing an encoding device for encoding a signal in an encoding format (coders 1-m
`
`in figure 2); providing a processing device for processing the encoded signal (decoders
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`2-m and/or error correcting coders 3-m in figure 2); and providing a control device for
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`determining the encoding format (elements 4-6 in figure 2). Taniguchi et al. fail to
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`specifically disclose wherein the encoding format corresponds to at least one property
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`of the processing device, and wherein the control device determines the encoding
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`format by carrying out at least the following steps: transmitting a test signal to the
`
`

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`Application/Control Number: 11/143,011
`Art Unit: 2626
`
`Page 3
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`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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`Furthermore, it would have not been obvious to one of ordinary skill in the art at the time
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`of invention to modify Taniguchi et al. in order to obtain the claimed invention.
`
`Therefore, claims 37-40, 42-53, 56-60, and 63-73 are allowed over prior art of record.
`
`Any comments considered necessary by applicant must be submitted no later
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`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled "Comments on
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`Statement of Reasons for Allowance."
`
`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HUYEN X. VO whose telephone number is (571 )272-
`
`7631. The examiner can normally be reached on M-F, 9-5:30.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Patrick Edouard can be reached on 571-272-7603. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 11/143,011
`Art Unit: 2626
`
`Page 4
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`
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`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Huyen X Vo/
`Primary Examiner, Art Unit 2626
`
`10/4/2008
`
`***