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= 512 samples.
(2c) The delay due to QMF-based harmonic transposition is that of the QMF-based transposition of MPEG-4 HE AAC SBR (cf. (1) above) -
i.e. typically equal to 480 samples, since for QMF-based harmonic transposition the same filterbank as in MPEG-4 HE AAC SBR is used (cf. D2, page 92, section 7.5.4.1, paragraph below equation for U(k)).
It follows from (1)-(2c) that eSBR has a delay of 480+1024+512 samples = 2016 samples or less, instead of the presently-claimed 3010 samples.]

4. 
   Dependent claims 2-10 and 15
   

The additional features of dependent claims 2-10 and 14 are anticipated by D1. In particular,

1. 
   for claims 2-4: cf. D1, figure 7 with paragraphs [0082] and [0084]-[0086];
   
2. 
   for claim 5: cf. D1, paragraph [0116];
   
3. 
   for claims 6, 7: cf. D1, paragraph [0073] in view of [0026] and [0027] (pre-processing disclosed by D1 carried out according to USAC standard (further explained in D2, section 7.5.2, being incorporated in D1 by reference given in the aforementioned paragraphs of D1));
   

4. 
   for claims 8, 9: cf. D1, paragraph [0068] (incl. reference to section
   

7.5.3.1 of D2 given in said paragraph of D1); and

5. 
   for claims 10, 15: cf. D1, paragraph [0099] (for complexity), wherein maximum memory demand appears in case of DFT- based harmonic transposition, which, for a transform size fftsizesyn = 1536 and a frame length of coreCoderFrameLength = 1024 (cf. D2, top of page 83), is at 1536+1024 words = 2560 words (when assuming that each tap of the window used for implementing the DFT by an FFT and each sample of a frame are represented by one word)).
   

Consequently, while taking into account the findings set out in item V-3 above, claims 2-10 and 14 do not meet the requirements of Article 33(1) PCT, as the respective subject-matter of said claims does not involve an inventive step within the meaning of Article 33(3) PCT.

5. 
   Dependent claims 11 and 12
   

D1 incorporates by reference the contents of D2 (see also the comments given in item V-3.1 above), wherein, in view of the complex QMF analysis filter bank addressed in D2 (cf. D2, page 88, section 7.5.3.3.1, last sentence of first paragraph and second paragraph, respectively) and the consequentially required complex QMF synthesis filter bank, the additional features of claims 11 and 12 are considered to come within the scope of the customary practice followed by persons skilled in the art, especially as the advantages thus achieved can readily be foreseen. Consequently, the respective subject-matter of claims 11 and 12 also lacks an inventive step in view of D1 (Articles 33(1) and (3) PCT).
Re Item VII
Certain defects in the international application
1 Contrary to the requirements of Rule 5.1(a)(ii) PCT, the relevant background art disclosed in D1 and D3, respectively, is not mentioned in the description, nor are these documents identified therein.
Re Item VIII
Certain observations on the international application


1 The "enumerated example embodiments" on pages 43-46 throw doubt on the extent of protection and therefore render the claims unclear (cf. Article 6 PCT and ISPE Guidelines 5.29 and 17.70)).

Form PCTJSA/237 (Cover Sheet) (January 2015)