Case 1:17-cv-00184-UNA Document 3 Filed 02/22/17 Page 1 of 1 PagelD #: 118
`
`
`
`A0 120 (Rev. 0‘ ' ‘
`
`TO:
`
`Mail Stop 8
`Director of the US. Patent and Trademark ()ffiee
`RU. Box 145%}
`Alexandria, VA 22313-1459
`
`REPGRT ON THE
`FILING 0R DETERNEENATTON OF AN
`ACTEGN REGARDENG A PATENT 0R
`TRADERTARK
`
`in Compliance with 35 USC § 290 and/or 15 USC. § 1116 you are hereby advised that, a court: action has been
`
`District of Deiaware
`
`filed in the US District Court
`
`on the following
`
`:] 'E‘radetnatks m’
`
`Ml’anems.
`
`( Z the patent action involves 35 U SC. § 292.):
`
`DOCKET NO,
`
`DATE FELED
`
`US. DESTRHCT COURT
`
`PLALN’I‘EFF
`
`2/22/2017
`
`.
`
`DEFENDAM
`
`District of Deiaware
`
`Fraunnofer-Geseiiechaft Zur Fortierung der
`angewandten Forsehung e.\/.
`
`Sirius XM Radio inc.
`
`=
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`‘
`w T‘
`HOLDER OF PA‘ENT OR TRADEMARK
`
`1 US 6,314,289 E31
`
`1 HES/2001
`
`Frannttefer--Geseiischaft Zur Forderurtg der angewandten Forssehung e.V.
`
`7 US 61931 1084 8';
`
`3/1 5/2005
`
`Frannttefer--Ge:~3eiischaft Zur Forderurtg der angewandten Forssehung e.V.
`
`3 US; 5,993 {334. E51
`
`1/31/2005
`
`Fraunhcfer»aese:'ischafi Zur Forderung oer angeNanoten Porschung e. V.
`
`4 US 7 061 997 B“:
`
`6/13/2006
`
`OR TRADEMARK
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`: Amendment
`DATE OF FATE NT
`
`[: Answer
`
`[: (mi; 54833
`
`[:1 Other Pleading
`
`[n the above 77777emitted case. the following decision has been rendered or judgement issued:
`DECIS ION/JUDG EM ENT
`
`(BY) DEPUTY CLERK
`
`Copy 1 -----Upnn initiation of aeiinm maifl this enpy tn Directnr Cepy 3------Upon termimatinn 05’ aetkm, mait this cepy t0 Direemr
`Cnpy 2-----EJpon filing (imminent adding patentt’sfi maifl this eepy tn Dimmer Cepy 4------Case fiie (tepy
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 1
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 1
`
`

`

`g/
`KARI D" I‘LL‘D) lMI‘DIVlll [[114
`.
`.
`in
`‘JJ‘ ‘
`.
`-
`-
`/
`Complete and send this form, together With applicable fee(s), to: L211 Mail Stop ISSUE FEE
`/
`Commissioner for Patents,
`/
`no. Box 1450
`Alexandria, Virginia 22313-1450
`
`arm (703) 746-4000
`through 5 should be completed Where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required); Blocks 1
`ap ropriate. All further correspondence including the Patent, advance orders andlnotification of maintenance fees Will
`e mailed to the current corres ondence address as
`indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) Indicating a separate " EE ADDRESS" for
`
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Nmiu‘e 13'0““ l {many “mg" “mm”
`
`‘
`
`7590
`
`03/29/2005
`
`John E Holmes
`Roylance Abrams Berdo & GOOdman
`Suite 600
`1300 19th Street NW
`
`Washington, DC 20036
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal .. This certi icate cannot be used for any other accompanying
`papers. Each additional paper, such as an aSSignment or formal drawmg, must
`ave its own certificate of mailing or transmissmn.
`
`
`
`Certificate of Mailing or Transmission
`that this Fee(s Transmittal is being deposited with the United
`I hereb certi
`ervice with suf icient postage for first class mail in an envelope
`States
`ostal
`addressed to the Mail Stop ISSUE FEE address above, or bein
`facsmle
`transmitted to the USPTO ( 03) 746-4000, on the date indicated he ow.
`:
`[‘1 3mm 00000136 0%?
`5'
`(Deposiwr‘s name)
`.
`..
`1000- 00 up
`(Signature)
`(Date)
`
`in
`
`-
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`09/673266
`
`1 1/29/2000
`
`Ernst Eberlein
`
`41002
`
`'TITLE OF INVENTION: ECHO PHASE OFFSET CORRECTION IN A MULTI-CARRIER DEMODULATION SYSTEM
`
`3624
`
`‘
`
`;
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALL ENTITY
`NO
`
`ISSUE FEE
`
`$ 1400
`
`i
`
`V
`
`:
`
`PUBLICATION FEE
`$0
`
`TOTAL FEE(S) DUE
`
`$1400
`
`DATE DUE
`
`06/29/2005
`
`VARTANIAN, HARRY
`
`2634
`
`3 75 -346000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`D Chan e of corres ondence address (or Change of Correspondence
`Address orm PTO/ B/l22) attached.
`
`Cl "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`-
`
`
`
`2. For printing on the patent from page, list
`(1) the names of up to 3 registered patent attorneys IMAMdO
`or agents ORJalterriatively,
`.
`2
`& Goodman, L.L.P.
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed
`
`3
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.1 1. Completion of this form is NOT a substitute for filing an assignment.
`
`(A) NAME OF ASSIGNEE
`
`- p
`
`.
`
`_(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Fraunhofer—Gesellschaft zur Foerderimg
`der angewandten Forschung e . V.
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : Cl Individual a Corporation or other private group entity D Government
`4a. The following fee(s) are enclosed:
`4b. Payment of Fee(s):
`
`. MuenChen', Germany
`
`
`
`lm‘ ’AL..._
`
`
`
`
`
`a A check in the amount of the fee(s) is enclosed.
`Ea Issue Fee
`D Payment by credit card Form PTO-2038 is attached.
`L; Publication Fee (No small entity discount permitted)
`
`D Advance Order- # ofCopies
`[3 The Director is hereby aitgorizg bxioharge the required fee(s), or credit any ove
`ayment, to
`
`Depos1t Account Number
`--
`-
`,
`‘
`(enclose an extra copy of this form .
`5. Change in Entity Status (from status indicated above)
`
`D a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`D b. Applicant is :no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`The Director of the USPTO is requested to apply the Issue Fee and Publication Fee (if any) or to re-a ply any previously paid issue fee to the application identified above.
`NOTE: The Issue Fee and Publication Fee (i
`required) will not be accepted from anyone other than Ere applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`mIt”. _,
`Authorized Signature "d!
`I '
`Stace,
`
`
`Typed or printed name
`
`L ,
`
`
`. Registration No.
`
`33,952
`
`
`This collection of information is required by 37 CFR 1.311. The information is re uired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentialityis governed by 35 U.S.C. 122 and 37 CFR 1.14. T is collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time Will v
`d
`ending upon the individual case. Any comments on the amount of time you re uire to com lete
`this form and/or suggestions for reducing this burden, should be sent to
`e
`ief In ormation Officer, US Patent and Trademark Office, US. Department 0 Commerce,
`.0.
`Box 1450, Alexandria, Virginia 22313—1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`
`
`PTOL-85 (Rev. 12/04) Approved for use through 04/30/2007.
`
`OMB 0651-0033
`
`U._S._Patent and Trademark Office; U._S. DEPARTMENT OF COMMERCE
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 2
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 2
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMER E
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria, Virginia 21‘! [3- I450
`www.us;m).gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`John E Holmes
`
`Roylance Abrams Berdo & Goodman
`50.600
`1300 19th Street NW
`
`Washington, DC 20036
`
`VARTANIAN. HARRY
`
`2634
`
`DATE MAILED: 03/29/2005
`
`Ernst Eberlein
`I 1/29/2000
`09/673,266
`TITLE OF INVENTION: ECHO PHASE OFFSET CORRECTION IN A MULTI-CARRIER DEMODULATION SYSTEM
`
`41002
`
`3624
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALL ENTITY
`N0
`
`ISSUE FEE
`
`$1400
`
`PUBLICATION FEE
`$0
`
`TOTAL FEE(S) DUE
`
`_
`
`DATE DUE
`
`$1400
`
`06/29/2005
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`W QN m MEETS IS m2. THIS NOTICE OF ALLOWANCE 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 NIPEP 1308.
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`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT fl EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE
`REFLECTS A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL—85B (OR
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`BE REGARDED AS ABANDONED.
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`HOW TO REPLY TO THIS NOTICE:
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`1. Review the SMALL ENTITY status shown above.
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`If the SMALL ENTITY is shown as YES, verify your current
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`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
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`
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`and twice the amount of the ISSUE FEE shown above, or
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`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`II. PART B - FEE(S) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B — Fee(s) Transmittal should be
`completed and returned. If you are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`Page I of 3
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 3
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 3
`
`

`

`[ems I." I‘LD‘D} IMVDIVIJI 1111.4
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`
`orig (703) 746-4000
`
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required); Blocks 1
`ap ropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees Will
`e mailed to the current corres ondence address as
`maintenance ee noti cations.
`in :cated unlfess corrgcted below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate " BE ADDRESS" for
`
`CURRENT CORRESPONDENCE ADDRESS “my“ 3”" l f°"“‘y°ha“g° ““5“”
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawmg, must
`ave its own certificate of mailing or transmissmn.
`
`03/29/2005
`
`7590
`
`John E Holmes
`
`Roylance Abrams Berdo & GOO
`SUltC 600
`1300 19th Street NW
`Washington, DC 20036
`
`dman
`
`Certificate of Mailing or Transmission
`that this Fee 5 Transmittal is being deposited with the United
`I hereb certi
`States ostal mice with su icient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or bein
`facsimile
`transmitted to the USPTO ( 03) 746-4000, on the date indicated he ow.
`
`
`
`
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION No.
`
`Ernst Eberlein
`1 1/29/2000
`09/673,266
`TITLE OF INVENTION: ECHO PHASE OFFSET CORRECTION IN A MULTI-CARRIER DEMODULATION SYSTEM
`
`41002
`
`3624
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`nonprovisional
`
`NO
`
`ISSUE FEE
`
`$1400
`
`PUBLICATION FEE
`
`TOTAL FEE(S) DUE
`
`$0
`
`$1400
`
`DATE DUE
`
`06/29/2005
`
`VARTANIAN, HARRY
`
`2634
`
`375-346000
`
`
`2. For printing on the patent front page, list
`1. Change of correspondence address or indication of "Fee Address" (37
`
`
`CFR 1.363).
`
`(1) the names of up to 3 registered patent attorneys
`]
`or agents OR, alternatively,
`D Chan e of corres ondence address (or Change of Correspondence
`
`Address orm PTO/ 13/122) attached.
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`D "Fee Address" indication (or "Fee Address" Indication form
`
`2 registered patent attorneys or agents. If no name is
`3
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`listed, no name will be printed
`Number is required.
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`2
`
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.1 1. Completion of this form is NOT a substitute for filing an assignment.
`
`(A) NAME OF ASSIGNEE
`
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
`4a. The following fee(s) are enclosed:
`4b. Payment of Fee(s):
`Cl Issue Fee
`D A check in the amount of the fee(s) is enclosed.
`D Publicau‘on Fee (No small entity discount permitted)
`D Payment by credit card Form PTO-2038 is attached.
`ayment, to
`D Advance Order - # of Copies
`D The Director is hereby authorized by charge the required fee(s), or credit any ove
`Deposit Account Number (enclose an extra copy of this forriS.
`
`5. Change in Entity Status (fi'om status indicated above)
`
`Cl a. Applicant claims SMALL ENTITY slams. See 37 CFR 1.27.
`D b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`
`The Director of the USPTO is requested to apply the Issue Fee and Publication Fee (if any) or to re- Slply any previously paid issue fee to the application identified above.
`NOTE: The Issue Fee and Publication Fee (i required) will not be accepted from anyone other than
`e applicant; a registered attorney or agent; or the assignee or other party in
`
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Date
`
`
`
`Typed or printed name Registration No.
`This collection of information is required by 37 CFR 1.31 1. The information is re iiired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. T is collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will v
`d ending upon. the indiv1dua1 case. Any comments on the amount of time you re uire to com lete
`this foun and/or su
`estions for reducing this burden, should be sent to
`e
`ief In ormation Officer, U.S. Patent and Trademark Office, U.S. Department 0 Commerce,
`.0.
`Box 1450, Alexan
`a, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 12/04) Approved for use through 04/30/2007.
`
`0MB 0651-0033
`
`U..S: Patent and-Trademark Office; U..S DEPARTMENT OF COMMERCE
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 4
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 4
`
`

`

`
`
`
`Notice of Allowability
`
`Application No.
`
`Applicant(s)
`
`09/673,266
`Examiner
`
`EBERLEIN ET AL.
`Art Unit
`
`Harry Vartanian
`
`2634
`
`
`
`
`
`~ The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-
`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. [Z This communication is responsive to 12/6/2004.
`
`
`2. X The allowed cIaim(s) is/are 19-21 23-29 and 31-36.
`
`
`3. X The drawings filed on 11/29/2000 are accepted by the Examiner.
`
`
`4. [:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) [I All
`b) E] Some‘
`c) E] None
`of the:
`
`
`
`
`
`
`
`
`
`
`
`1. [3 Certified copies of the priority documents have been received.
`
`2. El Certified copies of the priority documents have been received in Application No. _
`
`3. C] 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.
`
`
`
`
`
`
`
`
`
`
`5. El A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`6. E] CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`
`(a) E] including changes required by the Notice of Drattsperson’s Patent Drawing Review ( PTO-948) attached
`
`1) E] hereto or 2) E] to Paper No./MaiI Date
`
`.
`
`
`
`(b) C] including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`Paper No./MaiI 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).
`
`7. E] 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. [:1 Notice of References Cited (PTO-892)
`5. E] Notice of Informal Patent Application (PTO-152)
`
`
`
`
`
`
`
`2. I] Notice of Draftperson's Patent Drawing Review (PTO-948)
`.
`3. I] Information Disclosure Statements (PTO-1449 or PTO/SB/08).
`Paper No./Mail Date
`4. E] Examiner‘s Comment Regarding Requirement for Deposit
`
`
`
`6. E] Interview Summary (PTO-413),
`Paper No./MaiI Date
`.
`7. [:1 Examiner’s Amendment/Comment
`
`8. El Examiner Statement 0 Reasons for Allowance
`
`
`
`
`
`
`
`
`STEPHEN cum
`
`supsavrsonv PATEIT Bummer
`
`
`TECHNOLOGY CENTER 2800
` US. Patent and Traderrark Office
`
`of Biological Material
`
`9. El Other
`
`PTOL-37 (Rev. 1-04)
`
`Notice of Allowability
`
`Part of Paper No./Mai| Date 0315200
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 5
`
`.
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 5
`
`

`

`Application No.
`
`Applicant(s)
`
`Issue Classification
`
`WWMWWWWWM
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`09/673,266
`Examiner
`
`Harry Vartanian
`
`EBERLEIN ET AL.
`
`ORIGINAL
`
`SUBCLASS
`
`ISSUE CLASSIFICATION
`CROSS REFERENCE(S)
`suacmss (ONE suecmss PER BLOCK)
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`INTERNATIONAL CLASSIFICATION
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`.=......
`
`Harry Vartanian 3/15/2005
`Assistant Examiner
`
`_______v.
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`461.1R.maE-------------—-—-
`..mI..93:90I9._O677c1D
`NH
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`DE=—-—-—-—-——---—=—==——==
`4|2345678937
`357023567
`
`(Primary Examiner)
`
`m.m
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`E] Claims renumbered in the same order as presented by applicant
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`_mMWMmm
`mmm.mNun.n
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`oT
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`.Im.
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`. s
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`IO.
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`.
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`.
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`0.6.
`'ZPrinrt‘ Claim(s)
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`T.
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`23
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`78923478931111
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`232340
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`
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`US. Patent and Trademark Office
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`Petitioner Sirius XM RanIgfIOFTEIIer-IEX9311662éqsp. 6
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 6
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`

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`Search Notes
`
`Application/Control No.
`
`09/673,266
`Examiner
`
`Applicant(s)lPatent under
`Reexamination
`
`EBERLEIN ET AL.
`Art Unit
`
`Har Vartanian
`
`2634
`
`SEARCHED
`
`SEARCH NOTES
`
`(INCLUDING SEARCH STRATEGY)
`
`East: USPG-PUB, USPAT, EPO. JPO,
`Derwent, |BM_TDB
`
`3’15’2°°5
`
`3/15/2005
`
`
`
`INTERFERENCE SEARCHED
`
`US. Patent and Trademark Office
`
`Part of Paper No. 03152005
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 7
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 7
`
`

`

`
`
`Appl. No. 09/673,266
`Amdt. dated December 6, 2004
`Reply to Office Action of August 6, 2004
`
`41002
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`
`Ernst Eberlein et a].
`
`Group Art Unit: 2634
`
`Serial No.: 09/673,266
`
`Examiner: H. Vartanian
`
`Filed: November 29, 2000
`
`For: ECHO PHASE OFFSET CORRECTION IN A
`MULTI-CARRIER DEMODULATTON SYSTEM
`
`AMENDMENT
`
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 2231 3—1450
`
`Sir:
`
`In response to the Office Action dated August 6, 2004, please amend the above-
`
`identified application as follows:
`
`Amendments to the claims begin on page 2; and
`
`A remarks section begins on page 8.
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 8
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 8
`
`

`

`Appl. No. 09/673,266
`Amdt. dated December 6, 2004
`Reply to Office Action of August 6, 2004
`
`AMENDMENTS TO THE CLAIMS:
`
`This listing of the claims will replace all prior versions, and listings, of claims in
`
`the application.
`
`Listing of Claims:
`
`Claiinsl - 18 (Canceled).
`
`19.
`
`(Currently Amended) A method of performing an echo phase offset correction
`
`in a multi-carrier demodulation system, comprising the steps of:
`
`differential phase decoding phase shifts based on a phase difference between
`
`simultaneous carriers having different frequencies;
`
`determining an echo phase offset for each decoded phase shift by eliminating
`
`phase shift uncertainties related to the transmitted information from said
`
`decoded phase shift;
`
`averaging said echo phase offsets in order to generate an averaged offset; [[and]]
`
`correcting each decoded phase shift based on said averaged offset; and
`
`further comprising a step of comparing an absolute value of a symbol associated
`
`with a respective decoded phase shift with a threshold, wherein only phase shifts
`
`having associated therewith symbols having an absolute value exceeding said
`
`threshold are used in said step of averagjpg said echo phase offsets.
`
`20.
`
`(Previously Presented) The method according to claim 19, wherein said step of
`
`differential phase decoding comprises the step of differential phase decoding
`
`2
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 9
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 9
`
`

`

`Appl. No. 09/673,266
`Amdt. dated December 6, 2004_
`Reply to Office Action of August 6, 2004
`
`phase shifts based on a phase difference between simultaneous carriers which are
`
`adjacent in the frequency axis direction.
`
`21.
`
`(Previously Presented) The method according to claim 19, wherein said step of
`
`differential phase decoding comprises the step of differential phase decoding
`
`phase shifts based on phase differences between at least three simultaneous
`
`carriers which are equally spaced in the frequency axis direction.
`
`22.
`
`(Canceled)
`
`23.
`
`(Previously Presented) A method of performing an echo phase offset correction
`
`in a multi-carrier demodulation system, comprising the steps of:
`
`differential phase decoding phase shifts based on a phase difference between
`
`simultaneous carriers having different frequencies, said phase shifts defining
`
`signal points in a complex plane;
`
`pre-rotating said signal points into the sector of said complex plane between
`
`—45° and +45°;
`
`determining parameters a, b of a straight line approximating the location of said
`
`pre-rotated signal points in said complex plane;
`
`determining a phase offset based on said parameters a, b; and
`
`correcting each decoded phase shift based on said phase offset.
`
`24.
`
`(Previously Presented)
`
`The method according to claim 23, wherein said
`
`simultaneous carriers are equally spaced in the frequency axis direction.
`
`25.
`
`(Previously Presented) The method according to claim 23, wherein said step of
`
`determining said parameters a, b comprises a least squares method for selecting
`
`3
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 10
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 10
`
`

`

`Appl. No. 09/673,266
`Amdt. dated December 6, 2004
`Reply to Office Action of August 6, 2004
`
`those parameters which minimize the deviations of said pre—rotated signal points
`
`from said straight line.
`
`26.
`
`(Previously Presented)
`
`The method according to claim 25, wherein said
`
`parameters a, b are determined as follows:
`
`b
`
`i62- —>-c)-yi
`———-——-—-———i=1 ,
`$69--
`i=1
`
`I
`
`ll
`
`a
`
`k<l
`
`NI
`
`tr
`
`1
`2 : —
`
`X
`
`N 21x
`
`l
`— = —
`
`y
`
`K
`
`.
`
`N Z 3/;
`
`wherein
`
`X and y designate the coordinates of the signal points in the
`
`complex plane,
`
`iis an index from 1 to N, and
`
`K is the number of signal points.
`
`27.
`
`(Previously Presented) The method according to claim 26, wherein said phase
`
`offset cpk is determined as follows:
`
`—ata
`
`90k
`
`a2
`{a+b‘ilvkll:(21+b———————2——)2—a222
`—
`—ab+ V|2(1+b2)a21+b2
`1
`a2
`a tan(“(b)
`for
`le|2 < I?
`
`4
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 11
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 11
`
`

`

`Appl. No. 09/673,266
`Amdt. dated December 6, 2004
`Reply to Office Action of August 6, 2004
`
`wherein vk is a given decision variable.
`
`28.
`
`(Currently Amended) An echo phase offset correction device for a multi—carrier
`
`demodulation system, comprising:
`
`a differential phase decoder
`
`for decoding phase shifts based on a phase
`
`difference between simultaneous carriers having different frequencies;
`
`means for determining an echo phase offset for each decoded phase shift
`
`comprising means for eliminating phase shift uncertainties related to the
`
`transmitted information from said decoded phase shift;
`
`means for averaging said echo phase offsets in order to generate an averaged
`
`offset; [[and]]
`
`means for correcting each decoded phase shift based on said averaged offset; and
`
`means for comparing an absolute value of a symbol associated with a respective
`
`decoded phase shift with a threshold, wherein said means for averaging said
`
`phase offsets only uses phase shifts having associated therewith symbols having
`
`an absolute value exceeding said threshold.
`
`29.
`
`(Previously Presented)
`
`The device according to claim 28, wherein said
`
`differential phase decoder is adapted for decoding said phase shifts based on a
`
`phase difference between simultaneous carriers which are adjacent
`
`in the
`
`frequency axis direction.
`
`30.
`
`(Canceled)
`
`31.
`
`(Previously Presented)
`
`The device according to claim 28, wherein said
`
`differential phase decoder is adapted for decoding said phase shifts based on
`
`5
`
`
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 12
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 12
`
`

`

`Appl. No. 09/673,266
`Amdt. dated December 6, 2004
`Reply to Office Action of August 6, 2004
`
`phase differences between at least three simultaneous carriers which are equally
`
`spaced in the frequency axis direction.
`
`32.
`
`(Previously Presented) An echo phase offset correction device for a multi-carrier
`
`demodulation system, comprising:
`
`a differential phase decoder
`
`for decoding phase shifts based on a phase
`
`difference between simultaneous carriers having different frequencies, said phase
`
`shifts defining signal points in a complex plane;
`
`means for pre—rotating said signal points into the sector of said complex plane
`
`between —45° and +45°;
`
`means for determining parameters a, b of a straight line approximating the
`
`location of said pre—rotated signal points in said complex plane;
`
`means for determining a phase offset based on said parameters a, b; and
`
`means for correcting each decoded phase shift based on said phase offset.
`
`33.
`
`(Previously Presented)
`
`The device according to claim 32, wherein said
`
`differential phase decoder comprises means for decoding phase shifts of at least
`
`three simultaneous carriers which are equally spaced in the frequency axis
`
`direction.
`
`34.
`
`(Previously Presented) The device according to claim 32, wherein said means for
`
`determining said parameters a, b comprises means for performing a least squares
`
`method for selecting those parameters which minimize the deviations of said pre-
`
`rotated signal points from said straight line.
`
`35.
`
`(Previously Presented) The device according to claim 34, wherein said means for
`
`determining said parameters a, b calculates said parameters a, b as follows:
`
`6
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 13
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 13
`
`

`

`Appl. No. 09/673,266
`Amdt. dated December 6, 2004
`Reply to Office Action of August 6, 2004
`
`:69 —)_E)'Yi
`b = %—-——— ,
`2 (Xi _ —
`i=1
`
`a = 37 — 7c - b
`
`1
`_
`X : ——
`
`K
`
`N I;
`
`x_l
`
`1
`
`1
`— _
`
`K
`
`N ZY
`
`wherein
`
`x and y designate the coordinates of the signal points in the
`
`complex plane,
`
`i is an index from 1 to N, and
`
`K is the number of signal points.
`
`36.
`
`(Previously Presented) The device according to claim 35, wherein said means for
`
`determining said phase offset (pk calculates said phase offset (pk as follows:
`
`
`
`2>
`
`lvkl
`
`2
`
`(0k
`
`a+b1/v,‘2(_—|—_l+b2)—a2
`—ab+ lvk|2(1+b2)—a2
`ata11(1)
`
`b
`
`for
`
`for
`
`wherein Vk is a given decision variable.
`
`a2
`l+b
`IV I2 < —az—
`
`k
`
`1 + b2
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 14
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 14
`
`

`

`Appl. No. 09/673,266
`Amdt. dated December 6, 2004
`Reply to Office Action of August 6, 2004
`
`.
`
`REMARKS
`
`Reconsideration
`
`and allowance of
`
`the
`
`above—identified
`
`application are
`
`respectfully requested. Claims 19—36 are pending. Applicants note with appreciation the
`
`allowance of claims 23—27 and 32—36. Further, Applicants note with appreciation the
`
`allowance of claims 22 and 30 if rewritten in independent form to include all of the
`
`limitations of the base claim and any intervening claims. Accordingly, upon entry of this
`
`Amendment, claims 19 and 28 have been amended to recite the limitations of claims 22
`
`and 30, respectively.
`
`Claims 22 and 30 are therefore canceled.
`
`In the Office Action, claims 37—58 filed with the original PCT Request on April
`
`14, 1998 are erroneously indicated as being pending, along with claims 19-36. Applicants
`respectfully direct the Examiner’s attention to the Transmittal Letter concerning a filing
`
`under 35 U.S.C. § 271 and the concurrently filed Preliminary Amendment, which were
`
`submitted with the present application to the U.S. Patent and Trademark Office on
`
`October 13, 2000 and which indicate that the fees for only 18 claims total (i.e., claims 19-
`
`36) and 4 independent claims (i.e., claims 19, 23, 28 and 32) were paid. Thus, the above—
`
`listing of the claims, including pending claims 19-36 and canceled claims 1-18, constitutes
`
`a complete listing of the application claims in compliance with 37 C.F.R. 1.121.
`
`In View of the claim amendments herein, the rejection of claims 19—21, 28, 29 and
`
`31 under 35 U.S.C. § 103(a) is rendered moot.
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 15
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 15
`
`

`

`Appl. No. 09/673,266
`Amdt. dated December 6, 2004
`
`.
`
`t
`
`Reply to Office Action of August 6, 2004
`
`In View of the above,
`
`it
`
`is believed that the application is in condition for
`
`allowance and notice to this effect is respectfully requested. Should the Examiner have
`
`any questions, the Examiner is invited to contact the undersigned at
`
`the telephone
`
`number indicated below.
`
`Respectfully submitted,
`
`I.
`
`in.
`
`ker
`S cey]. Lon
`Attorney for Applicant
`Reg. No. 33,952
`
`Roylance, Abrams, Berdo & Goodman, L.L.P.
`1300 19‘h Street, N.W., Suite 600
`
`Washington, DC. 20036
`(202) 659-9076
`
`DatedI‘LD—jAumM, 2004
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 16
`
`Petitioner Sirius XM Radio Inc. - Ex.