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`B!
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`I APPLICATION NO.
`cue/2357,02}.
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`nuud one 1
`[15/15/97
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`FISH AND RICHARDSDN
`SUITE 1400
`4-225 EXECUTIVE SQUARE
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`LA .JIZILLA CA 92-337
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`"47.“!
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`‘1‘" \ UNITED STAT/as DEPARTMENT OF COMMERCE
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`j Patent and Trademark Office
`Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`Waehlnaton. DC 20231
`—._.-
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`5 u
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`FIFIST NAMEDINVENTDH
`| ATTORNEY confirms-W
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`name/1343001
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`DIVSfiLfiF-i
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`LM1E/EI427
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`BAHEms
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`2784
`DATE MA|LED:
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`3
`I34 / '27 / '99
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`Please find below and/or attached an Office communication concerning this application or
`proceeding.-
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`Commissioner of Patents and Trademarks
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`
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`PTO-DOC 15V. 2/95!
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`W.S.OOVBRNMENT PRINTING OFFICE [995-319-826
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`1ka Copy
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`ERTCSSON EXHIBIT 1021
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`
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`Application No.
`Applicantisl
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`Divealar et ai.
`08/857,021
`
`
`Examiner
`Group Art Unit
`Office Action Summary
`
`
`2784
`Stephen Baker
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`
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`Responsive to communicationls) filed on 2/8/99
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`(X This action is FINAL.
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`Ci Since this application is in condition for allowance except for formal matters, prosecution as to the merits is cI0sed
`in accordance with the practice under Ex parte Quayle, 1935 CD. 11; 453 0.6. 213.
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`three monthls), or thirty days, whichever
`A shortened statutory period for response to this action is set to expire
`is longer, from the mailing date of this communication. Failure to respond within the period for response will cause the
`application to become abandoned.
`(35 U.S.C. § 133). Extensions of time may be obtained under the provisions of
`37 CFR 1.136(8).
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`Disposition of Claims
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`IX] Claimis) 1-74
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`_ is/are pending In the application.
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`
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`Of the above, claimls)
`is/are withdrawn from consideration.
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`IX Claim(s) 1-2g,__25-5_9,_ and 62-74
`_. is/are allowed.
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`Claim(s) 23, 24, 60, and 61
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`I: Claimls)
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`E Claims
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`is/are rejected.
`is/are objected to.
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`are subject to restriction or election requirement.
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` I: The specification is objected to by the Examiner.
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`ApplicatiOn Papers
`C See the attached Notice of Draftsperson's Patent Drawing Review, PTO-948.
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`l: The drawing(s) filed on
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`is/are objected to by the Examiner.
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`1:] The proposed drawing correction, filed on
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`'
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`is
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`[approved
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`Ellisapproved.
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`Ci The oath or declaration is objected to by the Examiner.
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`Priority under 35 U.S.C. § 119
`El Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119(al-(d).
`Cl All
`[I Some” DNone
`of the CERTIFIED copies of the priority documents have been
`1:] received.
`
`.
`(3 received in Application No. (Series Code/Serial Number)
`El received in this national stage application from the InternatiOnal Bureau (PCT Flule 17.2(a)).
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`”Certified copies not received:
`El Ackn0w|edgement is made of a claim for domestic priority under 35 U.S.C. § 119(e).
`
`Attachmenflsl
`Ci Notice of References Cited, PTO-892
`D Information Disclosure Statement(s), PTO-1449, Paper No(s).
`D interview Summary, PTO-413
`Ci Notice of Draftsperson's Patent Drawing Review, PTO-948
`CI Notice of informal Patent Application, PTO-152
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`--- SEE OFFICE ACTION ON THE FOLLOWING PAGES ---
`
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`U S. Farmland Trademark Ollie-
`PTO-326 (Rev. 9-95)
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`Office Action Summary
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`Part of Paper No.
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`Serial Number: 08/857,021 Art Unit: 2786
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 102
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`1.
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`The text of those sections of Title 35, US. Code not included in this action can be found
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`in a prior Ofiice action.
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`2.
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`Claims 23, 24, 60 and 61 are rejected under 35 USC. 102(b) as being anticipated by Le
`
`Goff et al., "Turbo-Codes and High Spectral Efiiciency Modulation" ("Le Goff“).
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`Fig. 1 ofLe Goff shows a standard rate 1/3 turbo encoder, including a "first systematic
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`convolutional encoder" (C1), an interleaver, and a "next systematic convolutional encoder" (C2).
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`Fig. 3 shows the association of a turbo encoder with a multilevel modulation. Although Le Goff‘s
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`coding is contrasted with conventional TCM, it is actually another form of TCM.
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`Allowable Subject Matter
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`3.
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`Claims 1-22, 25-59 and 62-74 are allowed.
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`Response to Arguments
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`4.
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`Applicant’s arguments filed February 8, 1999 have been fixlly considered but they are not
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`persuasive.
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`An interleaving block (Fig. 3 of Le Gofi) couples “original data elements" from Le Goff‘s
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`demultiplexer, along with "coded output elements" from Le Goff‘s puncturing function, to a signal
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`Serial Number: 08/857,021
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`Art Unit: 2786
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`Page 3
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`M
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`mapping unit that is a "multilevel inodulator". The process of order rearranging performed by Le
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`Gofi‘s interleaver is not considered to diminish its‘ coupling function.
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`Conclusion
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`5.
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
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`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTH shortened statutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action.
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`In no event,
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`however, will the statutory period for reply expire later than SDC MONTHS from the mailing date
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`of this final action.
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`6.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Stephen Baker, whose telephone number is (703) 305-9681. The
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`examiner can normally be reached on Mon-Fri. from 9:30 AM to 5:30 PM.
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`Ifattempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor,
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`Albert DeCady, can be reached on (703) 305-9595. The fax phone numbers for the organization
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`
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`Art Unit: 2786
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`Serial Number: 08/857,021
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`where this application or proceeding is assigned are: (703) 305-3718 for informal papers only, and
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`(703) 308-9051 or (703) 308-9052 for formal papers.
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the receptionist whose telephone number is (703) 305-3 800.
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`SMB
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`April 26, 1999
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`%\
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`STEPHEN M. BAKER
`PRIMARY EXAMINER
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