Case 1:17-cv-00184-UNA Document 3 Filed 02/22/17 Page 1 of 1 PagelD #: 118
`
`AO 120 (Rev. 08/10}
`
`TO:
`
`Mail Step 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1458
`Alexandria, VA 22313-1456
`
`|
`
`REPORTON THE
`FOULING GR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`fn Compliance with 35 U.S.C. § 290 and/or 15 ULS.C. § 1116 you are hereby advised that a court action has been
`District of Delaware on the folowing
`
`filed in the U.S. District Court
`[_] Trademarks or
`ff Patents.
`([} the patent action involves 35 U.S.C. § 292.5:
`(
`
`DOCKET NO,
`
`PLAINTIPP
`
`DATE FILED
`2/22/2017
`
`U.S. DISTRICT COURT
`
`[DEFENDANT
`
`District of Delaware
`
`Fraunhofer-Geselischatt Zur Férderung der
`angewandten Forschung e.¥V.
`
`| Sirius XM Radio inc.
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`US 6,314,289 Bt
`
`11/6/2001
`
`Fraunhofer-Gesellschaft Zur Farderung der angewandten Forschung ¢.¥V.
`
`2 US 6,931,084 Bi
`
`8/16/2005
`
`Fraunhofer-Gesellschaft Zur Farderung der angewandten Forschung ¢.¥V.
`
`3 US 6,993,084Bi
`
`1/31/2006
`
`Fraunhofer-Gesallschaft Zur Farderung der angewandten Forschung ¢.V.
`
`4 US 7,061,997 Bt
`
`6/13/2006
`
`OR TRADEMARK
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENTOR
`TRADEMARK NO.
`
`Li] Amendment
`DATE OF PATENT
`
`Li} Answer
`
`[i] Cross Bill
`
`[| Other Pleading
`
`fn the above-—entitied case, the following decision has been rendered or judgement issued:
`DECTISIONJUDGEMENT
`
`(BY) DEPUTY CLERK
`
`Copy 1-—Upon initiation of action, mail this copy te Director Copy 3—-Upon termination of action, mail this copy te Directer
`Copy 2--Upen fling document adding patent(s), mail this copy te Director Copy 4-—Case fle copy
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 1
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 1
`
`

`

`FAINL D7 PELO) LINAINDLYEEL EA
`.
`.
`a4,
`.
`*
`.
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents.
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`(703) 746-4000
`;
`or Fax
`
`INSTRUCTIONS:This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE(if required). Blocks 1
`through 5 should be completed where
`appropriate. Alt further correspondence including the Patent, advance orders and notification of maintenance fees will
`be mailed to the current correspondence 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 "FEE ADDRESS"for
`
`maintenance feenotifications.
`
`ee
`Y
`v
`
`C
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block | for any change of address)
`
`‘
`
`7590
`
`03/29/2005
`
`John E Holmes
`Roylance Abrams Berdo & Goodman
`Suite 600
`1300 19th Street NW
`Washington, DC 20036
`
`transmitted to the USPTO (703) 746-4000, on the date indicated below. .
`
`can only be used for domestic mailings of the
`Note: A certificate of mailing
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby
`certify
`that this Fee(s) Transmittal is being deposited with the United
`States
`Postal
`Service with sufficient postage forfirst class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being
`facsimile
`bb
`eons
`;
`00
`japDo2
`00000136 0967
`(epositor's name)
`(Signature)
`(Wate)
`
`1400.00 OP
`
`
`
`FIRST NAMED INVENTOR ATTORNEY DOCKET NO.|CONFIRMATION NO.
`
`09/673.266
`
`11/29/2000
`
`Emst Eberlein
`
`41002
`
`“TITLE OF INVENTION: ECHO PHASE OFFSET CORRECTIONIN A MULTI-CARRIER DEMODULATION SYSTEM
`
`3624
`
`,
`
`;
`
`1
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALL ENTITY
`NO
`
`ISSUE FEE
`
`$1400
`
`"PUBLICATION FEE
`$0
`
`TOTAL FEE(S) DUE
`
`$1400
`
`DATE DUE
`
`06/29/2005
`
`VARTANIAN, HARRY
`
`2634
`
`375-346000
`
`2. For printing on the patentfront page,list
`1. Change of correspondence addressor indication of "Fee Address” (37
`(1) the names of up to 3 registered patent attomeysPOylance,1Abrams,—Berdo
`
`
`
`CFR 1.363).
`(J Change of correspondence address (or Change of Correspondence
`or agents OR,alternatively,
`,
`& Goodman, L.L.P.
`Address form PTO/SB/122) attached.
`(2) the nameof a single firm (having as a member a
`(Ld "Fee Address”indication (or "Fee Address” Indication form
`registered attomey or agent) and the namesof up to
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`2 registered patent attomeys or agents. Ifnonameis
`listed, no namé will be printed.
`Numberis required.
`:
`
`3
`
`
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has beenfiled for
`PLEASE NOTE: Unless an assigneeis identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOTa substitute for filing an assignment.
`
`__(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`_
`_.
`(A) NAME OF ASSIGNEE
`Fraunhofer-Geselischaft zur Foerderung
`. Muenchen, Germany
`der angewandten Forschung e.V.
`Please check the appropriate assignee category orcategories (will not be printed on the patent) :
`4a. The fallowing fee(s) are enclosed:
`4b. Paymentof Fee(s):
`| Issue Fee
`| A checkin the amountofthe fee(s) is enclosed.
`iy Publication Fee (No small entity discount permitted)
`LJ) Paymentbycredit card. Form PTO-2038isattached.
`.
`(Cy Advance Order- # ofCopies
`y The Director is hereby aytperigss. hy:gharge the required fee(s), or credit any overpayment,to
`
`Deposit Account Number
`7 a)
`(enclose an extra copy of this form).
`
`(J individual gy Corporation or other private group entity (} Government
`
`5. Change in Entity Status (from status indicated above)
`LI. Applicantis no longer claming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`La. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`The Director ofthe USPTOis requested to apply the Issue Fee and Publication Fee (if any) or to re-apply any previously paid issue fee to the application identified above.
`NOTE:TheIssue Fee and Publication Fee (if
`required) will not be accepted from anyone other than Hie applicant; a registered attorney or agent; or the assigneeor other party in
`interest as shown bythe records of the United States Patent and Trademark Office.
`
`
`
`Piukwa|Prngen
`pe
`2 OP) Joo”
`Authorized Signature AA77
`
`"
`7
`
`Stacey).® Longahecker
`:
`
`
`
`_. Registration No.
`
`33,952
`
`
`
`
`
`
`
`Typedor printed name
`
`This collection of information is required by 37 CFR _1.311. The informationis required to obtain or retain a benefit by the public whichis to file (and by the USPTOto process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Timewill vary
`di
`ending upon the individual case. Any comments on the amountof time you require to complete
`this form and/or suggestions for reducingthis burden, should besentto the
`Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce,
`P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMSTO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respondto a collection of information unless it displays a valid OMB control number.
`
`
`
`PTOL-85 (Rev. 12/04) Approvedfor use through 04/30/2007. OMB0651-0033_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 COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uSpto.gov
`
`NOTICE OF ALLOWANCEAND FEE(S) DUE
`
`John E Holmes
`Roylance Abrams Berdo & Goodman
`Sate 600
`1300 19th Street NW
`Washington, DC 20036
`
`VARTANIAN, HARRY
`
`2634
`DATE MAILED:03/29/2005
`
`Emst Eberlein
`11/29/2000
`09/673 ,266
`TITLE OF INVENTION: ECHO PHASE OFFSET CORRECTION IN A MULTI-CARRIER DEMODULATION SYSTEM
`
`41002
`
`3624
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALL ENTITY
`NO
`
`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 ISSUANCEAS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS NOT A GRANTOF 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 MPEP1308.
`
`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 BE EXTENDED.
`SEE 35 US.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
`AN EQUIVALENT) MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL
`BE REGARDED AS ABANDONED.
`
`HOW TO REPLYTO THIS NOTICE:
`
`I. Review the SMALL ENTITYstatus shown above.
`
`If the SMALL ENTITYis shown as YES,verify your current
`SMALLENTITYstatus:
`
`If the SMALL ENTITYis shown as NO:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE(if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If applicant claimed SMALL ENTITYstatus before, or is now
`claiming SMALL ENTITYstatus, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE(if required) and 1/2
`the ISSUE FEE shown above.
`
`Il. 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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`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenancefees. It is patentee's responsibility to ensure timely paymentof maintenance fees when due.
`
`PTOL-85 (Rev. 12/04) Approvedfor use through 04/30/2007.
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 3
`
`Page | of 3
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 3
`
`

`

`FANL D> Peel) AINALINOIVEL EL BAR
`
`Complete andsendthis form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`(703) 746-4000
`or Fax
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE(if required). Blocks 1
`through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maimtenance fees will
`be mailed to the current correspondence 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 "FEE ADDRESS"for
`maintenancefee notifications.
`
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block|for any change ofaddress) Note: A certificate of mailing can only be used for domestic mailings of the
`
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`that this Fee(s) Transmittal is being deposited with the United
`certify
`I hereby
`Service with sufficient postage for first class mail in an envelope
`Postal
`States
`addressed to the Mail Stop ISSUE FEE address above, or being
`facsimile
`transmitted to the USPTO (703) 746-4000, on the date indicated below.
`‘
`(Depositor’s name)
`
`7590
`
`03/29/2005
`
`John E Holmes
`Roylance Abrams Berdo & Goo
`Suite 600
`1300 19th Street NW
`Washington, DC 20036
`
`dman
`
`
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Emst Eberlein
`11/29/2000
`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
`
`375-346000
`
`2634
`
`
`
`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 attomeys
`1
`
`(} Change of correspondence address (or Change of Correspondence
`or agents OR,alternatively,
`
`Address form PTO/SB/122) attached.
`(2) the nameofa single firm (having as a member a
`C] "Fee Address"indication (or "Fee Address” Indication form
`registered attorney or agent) and the namesof up to
`
`2 registered patent attomeys or agents. Ifnoname is
`3
`PTO/SB/47; Rev 03-02 or morerecent) attached. Use of a Customer
`
`listed, no namewill be printed.
`Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATATO BE PRINTED ON THE PATENT(printortype)
`If an assignee is identified below, the documenthas beenfiled for
`PLEASE NOTE: Unlessan assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOTa substitute for filing an assignment.
`
`2
`
`(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): (J individual Corporation or other private group entity CJ Goverment
`4a. The following fee(s) are enclosed:
`4b. Paymentof Fee(s):
`(] Issue Fee
`(J A check in the amountofthe fee(s) is enclosed.
`(] Publication Fee (No small entity discount permitted)
`Cj Paymentbycredit card. Form PTO-2038 is attached.
`(L] Advance Order - # of Copies
`(J The Directoris hereby authorized by charge the required fee(s), or credit any overpayment, to
`Deposit Account Number (enclose an extra copyofthis form).
`
`5. Changein Entity Status(from status indicated above)
`Da. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`Jp. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`
`The Director ofthe USPTOis requested to apply the Issue Fee and Publication Fee (if any) orto re- ply any previously paid issue fee to the application identified above.
`NOTE:TheIssue Fee and Publication Fee (if required) will not be accepted from anyoneother than
`the applicant; a registered attorney or agent; or the assignee orother party in
`
`interest as shown bythe records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Date
`
`Typed or printed name Registration No.
`
`This collection ofinformation is required by 37 CFR 1.311. The information is required to obtain orretain a benefit by the public whichisto file (and by the USPTOto process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO.Timewill vary
`d ending uponthe individual case. Any comments on the amountoftime you require to complete
`this form and/or suggestions for reducing this burden, should be sent to
`the
`Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce,
`P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMSTO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 223 13-1450.
`Underthe Paperwork Reduction Act of 1995, no personsare required to respondto a collection of information unlessit displays a valid OMBcontrol number.
`
`PTOL-85 (Rev. 12/04) Approved for use through 04/30/2007.
`
`OMB0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 4
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 4
`
`

`

`Application No.
`
`09/673,266
`Examiner
`
`Applicant(s)
`
`EBERLEIN ET AL.
`Art Unit
`
`
`
`Harry Vartanian
`
`2634
`
`
`
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITSIS (OR REMAINS) CLOSEDin 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 GRANTOF PATENTRIGHTS.This application is subject to withdrawal from issueat theinitiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`
`
`
`
`5. [.] ASUBSTITUTE OATH OR DECLARATION mustbe submitted. Note the attached EXAMINER’S AMENDMENTor NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declarationis deficient.
`
`
`
`
`
`Notice of Allowability
`
`
`
`
`
`1. KX] This communication is responsive to 12/6/2004.
`
`
`2. ] Theallowed claim(s)is/are 19-21,23-29 and 31-36.
`
`3. X] The drawingsfiled on 11/29/2000 are accepted by the Examiner.
`
`4. (J Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or(f).
`a) All c)C) None_ofthe:b)(J) Some*
`
`
`1. O Certified copies of the priority documents have been received.
`
`
`2. Certified copiesof the priority documents have beenreceived in Application No.___
`3. 1 Copiesofthe certified copies of the priority documents have beenreceivedin 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?”ofthis communication to file a reply complying with the requirements
`noted below. Failure to timely complywill result in ABANDONMENTof this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`6. ] CORRECTED DRAWINGS(as“replacement sheets”) must be submitted.
`(a) (0 including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948)attached
`
`1) J hereto or 2) (1)
`to Paper No./Mail Date
`(b) (2 including changes required by the attached Examiner's Amendment / Commentorin the Office action of
`Paper No./MailDate_ ss.
`Identifying indicia such as the application number(see 37 CFR 1.84(c)) should be written on the drawingsin 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. (J DEPOSIT OF and/or INFORMATIONabout the deposit of BOOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's commentregarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`
`
`
`
`
`8. LJ Examiner's Statement of Reasonsfor Allowance
`
`
`
`9.) Other
`
`STEPHEN CHIN
`
`
`SUPERVISORY PATENT EXAMINE!
`TECHNOLOGY CENTER 2600
`
`
`
`
`
`
`5. (J Notice of Informal Patent Application (PTO-152)
`6. FJ Interview Summary (PTO-413),
`Paper No./Mail Date
`7. (J Examiner's Amendment/Comment
`
`
`Attachment(s)
`1. (J Notice of References Cited (PTO-892)
`
`2. (J Notice of Draftperson's Patent Drawing Review (PTO-948)
`.
`3. FJ Information Disclosure Statements (PTO-1449 or PTO/SB/08),
`
`Paper No./Mail Date
`4. (J Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 1-04)
`
`‘
`Notice of Allowability
`
`Part of Paper No./Mail Date 0315200
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 5
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 5
`
`

`

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`SUPERVISORYPATENT
`TECHNOLOGYCENTER2600
`
`~_ Print Claim(s) (Primary Examiner)
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`f|
`
`U.S. Patent and Trademark Office
`
`Application No.
`
`Applicant(s)
`
`Issue Classification
`
`MIM
`
`09/673,266
`Examiner
`
`Harry Vartanian
`
`EBERLEIN ET AL.
`
`ORIGINAL
`
`SUBCLASS
`
`INTERNATIONAL CLASSIFICATION
`
`ISSUE CLASSIFICATION
`
`CROSS REFERENCE(S)
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`
`[| Claims renumbered in the same orderas presented by applicant|[] CPA
`[1] R.1.47
`
`Total Claims Allowed: 16
`
`0.G.0
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 6
`
`
`
`
`

`

`Search Notes
`
`Application/Contro! No.
`
`09/673,266
`Examiner
`
`Applicant(s)/Patent under
`Reexamination
`
`EBERLEIN ETAL.
`Art Unit
`
`_
`
`Harry Vartanian
`
`2634
`
`SEARCH NOTES
`SEARCHED
`(INCLUDING SEARCH STRATEGY)
`pe||
`
`East: USPG-PUB, USPAT, EPO,JPO,
`Derwent, IBM_TDB
`
`3/15/2005
`
`U.S. 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
`
`Group Art Unit: 2634
`
`Examiner: H. Vartanian
`
`In re Application of:
`
`Ernst Eberlein etal.
`
`Serial No.: 09/673,266
`
`Filed: November 29, 2000
`
`For: ECHO PHASE OFFSET CORRECTIONIN A
`MULTI-CARRIER DEMODULATION SYSTEM
`
`AMENDMENT
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`In response to the Office Action dated August 6, 2004, please amend the above-
`
`identified application as follows:
`
`Amendmentsto the claims begin on page 2; and
`
`A remarks section begins on page8.
`
`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:
`
`Claims1 - 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
`
`simultaneouscarriers 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 phaseshift;
`
`averaging said echo phaseoffsets in order to generate an averagedoffset; [[and]]
`
`correcting each decoded phase shift based on said averaged offset; and
`
`further comprising a step of comparing an absolute value of a symbolassociated
`
`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 averaging said echo phaseoffsets.
`
`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 stepsof:
`
`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 decodedphase shift based on said phaseoffset.
`
`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 ofsaid 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:
`
`> (x, — X) - ¥:
`b= ini
`dG -
`
`, a=y-xX-b
`
`1<
`—
`X=)
`
`N 2 °
`
`xX,
`
`i<
`=
`
`N 2 ¥
`
`wherein
`
`x and y designate the coordinates of the signal points in the
`
`complexplane,
`
`iis an index from 1 to N, and
`
`K is the numberofsignal points.
`
`27.
`
`(Previously Presented) The method according to claim 26, wherein said phase
`
`offset x is determined as follows:
`
`a’
`2
`_a +byly,|'+b?) - a
`
`
`
` 2 —yz2; —-ata for lv,.|—abt~ab+yIv,FQ+2?)-a?a 1+
`
`
`
`a can{+) lv," < L+b?for
`
`
`
`a’
`
`1
`
`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 December6, 2004
`Reply to Office Action of August 6, 2004
`
`wherein vis 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 simultaneouscarriers 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]]
`
`meansfor 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 RadioInc. - Ex. 1003, p. 12
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 12
`
`

`

`Appl. No. 09/673,266
`Amdt. dated December6, 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 phaseoffset 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 phaseshifts 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
`
`methodfor selecting those parameters which minimize the deviations ofsaid pre-
`
`rotated signal points from said straightline.
`
`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
`
`=-.i<
`we
`x=
`
`1<
`wy
`—
`
`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 numberof signal points.
`
`36.
`
`(Previously Presented) The device accordingto claim 35, wherein said means for
`
`determining said phase offset ~ calculates said phase offset ~:, as follows:
`
`
`
`-ata
`
`
`_a+bylv,{'@+b?)-a?- a for vl? > a?
`
`—ab+ Vivi? @+b?) - a?
`lt be
`a tan{+)
`for
`|v,| < ——~
`1
`a’
`
`b
`
`1+ b
`
`wherein vx 1s a given decision variable.
`
`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 amendedto 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 claimstotal (i.e., claims 19-
`
`36) and 4 independentclaims(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
`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
`
`numberindicated below.
`
`Respectfully submitted,
`
`U
`
`la
`
`ker
`Stdcey J. Lon
`Attorney for Applicant
`Reg. No. 33,952
`
`Roylance, Abrams, Berdo & Goodman, L.L.P.
`1300 19% Street, N.W., Suite 600
`Washington, D.C. 20036
`(202) 659-9076
`
`Dated_Nadumbsr 2004
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 16
`
`Petitioner Sirius XM Radio Inc. - Ex. 1003, p. 16
`
`

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`Se
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`@
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Tradema