Detailed Action
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. Reissue application 18/783,216 filed 07/24/2024 is a Reissue of 16/404,503, filed 05/06/2019, now U.S. Patent # RE49107 which is a Reissue of 15/272,653, filed 09/22/2016 ,now U.S. Patent # 10074377 which is a Continuation of PCT/EP2015/055945 , filed 03/20/2015 claiming priority to 14161605.2, filed 03/25/2014.
3. For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
4. Claims 1-55 are pending. Claim 55 is a new claim.
Reissues
5. Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. US 10,074,377B2 or RE49107 are involved. These proceedings would include any trial at the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Specification
6. The disclosure is objected to because of the following informalities: When an applicant files more than one application for the reissue of a single patent, each such application must contain or be amended to contain in the first sentence of the specification a notice stating that more than one reissue application has been filed and identify each of the reissue applications by relationship, application number, and filing date. The cross-reference in the specification serves as a notification to the public that more than one reissue patent may replace a single original patent; and must identify each of the reissue applications and their relationship within the family of reissue applications, and to the original patent. If the reissue applications are still pending, the applicant should be required to amend the specification to cross-reference the multiple applications (37 CFR 1.177(a)). Appropriate correction is required.
Consent of Assignee
7. This application is objected to under 37 CFR 1.172(a) as lacking the written consent of all assignees owning an undivided interest in the patent. The consent of the assignee must be in compliance with 37 CFR 1.172. See MPEP § 1410.01.
Specifically, in accordance with MPEP 1410.02 and MPEP 325, the consent of assignee must be signed by a party authorized to act on behalf of the assignee. A person having a title that does not clearly set forth that person as an officer of the assignee is not presumed to have authority to sign the submission on behalf of the assignee. In this application, the consent of assignee has been signed by “Team Leader Patents”.
Specifically, MPEP 1410.02 states that “The consent of assignee must be signed by a party authorized to act on behalf of the assignee. For applications filed on or after September 16, 2012, the consent may be signed by the assignee or a patent practitioner of record. Where the assignee is a juristic entity, the consent may be signed by a person in the organization having apparent authority to sign on behalf of the organization, or a person who makes a statement of authorization to act on behalf of the assignee. For a discussion of parties authorized to act on behalf of the assignee, see MPEP § 325 (for applications filed on or after September 16, 2012).”
MPEP 325 specifically states that, “The submission may be signed by a person in the organization having apparent authority to sign on behalf of the organization. 37 CFR 3.73(d)(2). An officer (chief executive officer, president, vice-president, secretary, or treasurer) is presumed to have authority to sign on behalf of the organization…A person having a title (administrator, general counsel) that does not clearly set forth that person as an officer of the assignee is not presumed to have authority to sign the submission on behalf of the assignee.
In this application, the consent of assignee has been signed by “Team Leader Patents” which does not meet the requirement of 37 CFR 3.73(d)(2). See MPEP 325 for a list of persons in an organization having the authority to sign on behalf of the organization. A proper assent of the assignee in compliance with 37 CFR 1.172 and 3.73 is required in reply to this Office action.
Information Disclosure Statement
8. The information disclosure statement filed 07/24/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the items not considered have been lined through.
35 U.S.C. 251
Reissue Oath/Declaration
9. The reissue oath/declaration filed with this application is defective because it must be signed by a party authorized to act on behalf of the assignee of the entire interest and may not be signed by the patent practitioner of record. See MPEP § 325, subsection V, items (A), (B), and (D) for examples of a party authorized to act on behalf of the assignee of the entire interest in signing a reissue oath or declaration.
In this application, the oath/declaration has been signed by a person for whom it is not clear if they have the authority to sign under the requirement of 37 CFR 3.73(d)(2). See MPEP 325 for a list of persons in an organization having the authority to sign on behalf of the organization. Correction is required.
Double Patenting
10. Claim 55 of this application is patentably indistinct from claim 60 (dependent on claim 55) of Application No. 19/182,047. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
Claim 55 of ‘216 Application
Claim 60 of ‘047 Application
(dependent on claim 55)
55. An audio encoder device comprising:
55. An audio encoder device comprising:
an audio encoder configured for producing an encoded audio bitstream from an audio signal comprising consecutive audio frames;
an audio encoder configured for producing an encoded audio bitstream from an audio signal comprising consecutive audio frames;
a dynamic range control encoder configured for producing an encoded dynamic range control bitstream from a dynamic range control sequence corresponding to the audio signal and comprising consecutive dynamic range control frames, wherein each dynamic range control frame of the dynamic range control frames comprises one or more nodes, wherein each node of the one or more nodes comprises gain information for the audio signal and time information indicating to which point in time the gain information corresponds;
a dynamic range control encoder configured for producing an encoded dynamic range control bitstream from a dynamic range control sequence corresponding to the audio signal and comprising consecutive dynamic range control frames, wherein each dynamic range control frame of the dynamic range control frames comprises one or more nodes, wherein each node of the one or more nodes comprises gain information for the audio signal and time information indicating to which point in time the gain information corresponds;
wherein the dynamic range control encoder is configured in such way that the encoded dynamic range control bitstream comprises for each dynamic range control frame of the dynamic range control frames a corresponding bitstream portion;
wherein the dynamic range control encoder is configured in such way that the encoded dynamic range control bitstream comprises for each dynamic range control frame of the dynamic range control frames a corresponding bitstream portion;
wherein the dynamic range control encoder is configured for executing a shift procedure, wherein one or more nodes of the nodes of one reference dynamic range control frame of the dynamic range control frames are selected as shifted nodes, wherein a bit representation of each of the one or more shifted nodes of the one reference dynamic range control frame is embedded in the bitstream portion corresponding to the dynamic range control frame subsequent to the one reference dynamic range control frame, wherein a bit representation of each remaining node of the nodes of the one reference dynamic range control frame of the dynamic range control frames is embedded into the bitstream portion corresponding to the one reference dynamic range control frame.
wherein the dynamic range control encoder is configured for executing a shift procedure, wherein one or more nodes of the nodes of one reference dynamic range control frame of the dynamic range control frames are selected as shifted nodes, wherein a bit representation of each of the one or more shifted nodes of the one reference dynamic range control frame is embedded in the bitstream portion corresponding to the dynamic range control frame subsequent to the one reference dynamic range control frame, wherein a bit representation of each remaining node of the nodes of the one reference dynamic range control frame of the dynamic range control frames is embedded into the bitstream portion corresponding to the one reference dynamic range control frame.
wherein the time information of the one or more nodes is represented in such way that the one or more shifted nodes may be identified by using the time information; and
wherein the time information of the one or more nodes is represented in such way that the one or more shifted nodes may be identified by using the time information.
wherein the gain information of the bit representation of the shifted node, which is at a first position of the bitstream portion corresponding to the dynamic range control frame subsequent to the reference dynamic range control frame, is represented by an absolute gain value and wherein the gain information of each bit representation of the shifted nodes at a position after the bit representation of the node, which is at the first position of the bitstream portion corresponding to the dynamic range control frame subsequent to the reference dynamic range control frame, is represented by a relative gain value which is equal to a difference of a gain value of the bit representation of the respective shifted node and a gain value of the bit representation of the node, which precedes the bit representation of the respective node.
60. The audio encoder device according to claim 55, wherein the gain information of the bit representation of the shifted node, which is at a first position of the bitstream portion corresponding to the dynamic range control frame subsequent to the reference dynamic range control frame, is represented by an absolute gain value and wherein the gain information of each bit representation of the shifted nodes at a position after the bit representation of the node, which is at the first position of the bitstream portion corresponding to the dynamic range control frame subsequent to the reference dynamic range control frame, is represented by a relative gain value which is equal to a difference of a gain value of the bit representation of the respective shifted node and a gain value of the bit representation of the node, which precedes the bit representation of the respective node.
Allowable Subject Matter
11. Claims 1-55 are allowable over the prior art; however, the rejections under 35 U.S.C. 251 and double patenting outlined above are still pending.
The prior art of record fails to show either singularly or in combination the feature of “wherein the dynamic range control encoder is configured for executing a shift procedure, wherein one or more of the nodes of one reference dynamic range control frame of the dynamic range control frames are selected as shifted nodes, wherein a bit representation of each of the one or more shifted nodes of the one reference dynamic range control frame is embedded in the bitstream portion corresponding to the dynamic range control frame subsequent to the one reference dynamic range control frame, wherein a bit representation of each remaining node of the nodes of the one reference dynamic range control frame of the dynamic range controls frames is embedded into the bitstream portion corresponding to the one reference dynamic range control frame”.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHNA SINGH DESAI whose telephone number is (571)272-4099. The examiner can normally be reached on M-F 7:30-4PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Kosowski can be reached on 571-272-3744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RACHNA S DESAI/Primary Examiner, Art Unit 3992
Conferees:
/C. Michelle Tarae/Reexamination Specialist, Art Unit 3992
/ALEXANDER J KOSOWSKI/Supervisory Patent Examiner, Art Unit 3992