DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/24/2026 has been entered.
Response to Arguments
Applicant's arguments filed 103/24/2026 have been fully considered but they are moot based on new grounds of rejections.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/20/2026 is considered. The submission is in compliance with the provisions of 37 CFR 1.97.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 27-31, 37, 42-44 and 51-52 are rejected under 35 U.S.C. 103 as being unpatentable over Ljung (US 2016/0278159; hereianfer Ljung) in view of Reudnik et al. (US 2017/0311305; hereinafter Reudnik).
Regarding claim 27, Ljung shows a method (Figures 5-6 shows a method of adjusting communications modes.) of transmission including frequency hopping between channels, the method comprising:
frequency hopping between the channels according to a frequency hopping rate and a hopping sequence, wherein the frequency hopping rate and the hopping sequence are adjustable (Figure 5-6; Par. 0100, 0109, 0134; mode switching during communications allow for adapting/adjusting frequency hopping patten, frequency hopping rate and a modulation scheme as performed by the mode control logic 71.); and
adjusting modulation and coding scheme (Figure 5-6; Par. 0100, 0109, 0134; mode switching during communications allow for adapting/adjusting frequency hopping patten, frequency hopping rate and a modulation scheme as performed by the mode control logic 71.).
Ljung shows all of the elements as discussed above. Ljung does not specifically show adjusting modulation and coding scheme for each set of channels for each frequency hop and wherein a set of link adaptation algorithms are used for the adjusting of the modulation and coding scheme, and wherein more than one link adaptation algorithm instance are used concurrently.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Reudnik. Specifically, Reudnik shows adjusting modulation and coding scheme for each set of channels for each frequency hop (Figure 1 and 2; Par. 0020-0024; in a preferred more robust system 100 utilizes a lower modulation scheme on one channel, such as channel F1, to insure communication and to direct control of modulation and/or transmission coding of the other channel, F2. For example, receiver 106 may generally receive using a lower modulation scheme; it will alert receiver 107 what type of modulation and/or transmission coding will be used by transmitter 104. So if the channel conditions allow, a very high modulation scheme such as 256 QAM, maybe transmitted from transmitter 104 to receiver 107 on F2. Then receiver 106 can alert receiver 107 to change modulations.); and
wherein a set of link adaptation algorithms are used for the adjusting of the modulation and coding scheme, and wherein more than one link adaptation algorithm instance are used concurrently (Figure 1 and 2; Par. 0020-0024; If interference arises in the network, the modulation scheme used by transmitter 104 may be decreased, for example down to using QPSK. Since transmitter 103 is also still using QPSK, in our example through-put of the system will still double the through-put of a single transmitter/receiver network QPSK. Since, when a change in modulation and/or transmission coding is to occur, receiver 106 alerts receiver 107 that change is going to occur, second receiver 107 is continually prepared for modulation and or coding changes.).
In view of the above, having the system of Ljung, then given the well-established teaching of Reudnik, it would have been obvious before the effective filing date of the claimed invention to modify the system of Ljung as taught by Reudnik, in order to provide motivation to efficiently use multiple frequencies to increase capacity (Par. 0008 of Reudnik).
Regarding claim 28, modified Ljung shows wherein a set of channels comprises a single channel (Reudnick: Par. 0020-0021; each of F1 and F2 are single frequency channels.).
Regarding claim 29, modified Ljung show wherein a set of channels comprises a plurality of channels adjacent in frequency (Reudnick: Figure 1; Par. 0020; the two transmitters preferably use two different channels, F1 and F2, which have frequencies which may or may not be adjacent in the frequency spectrum.).
Regarding claim 30, modified Ljung shows wherein the number of link adaptation algorithm instances of the set of link adaptation algorithms is the same as the number of channels of the set of channels (Reudnick: Figures 1-2; Par. 0021; example provided shows utilization of modulation and coding scheme on the same number of channels used, i.e. QPSK on F1 and QPSK on F2.).
Regarding claim 31, modified Ljung shows wherein the channels belonging to respective set of channels are adapted during operation (Reudnick: Figures 1-2; Par. 0021; example provided shows modulation and coding scheme adjusted during operation.).
Regarding claim 37, modified Ljung shows scanning at least a subset of the sets of channels to determine channel properties; and wherein the adjusting of the modulation and coding scheme comprises adjusting based on gained knowledge about the at least a subset of the sets of channels (Reudnick: Figures 1-2; Par. 0024; If channel conditions allow, as monitored by the subscriber station at box 203, the subscriber station may request an increase in the modulation and/or change in the transmission coding scheme at box 204. In response the hub may direct an increase in modulation and/or coding via the control channel, at box 205.).
Regarding claim 42, modified Ljung shows wherein a hopping sequence is based on the result of the scanning of the at least a subset of the channels (Reudnick: Figures 1-2; Par. 0021, 0024; preferred more robust system 100 utilizes a lower modulation scheme on one channel, such as channel F1, to insure communication and to direct control of modulation and/or transmission coding of the other channel, F2, For example, receiver 106 may generally receive using a lower modulation scheme; it will alert receiver 107 what type of modulation and/or transmission coding will be used by transmitter 104, So if the channel conditions allow, a very high modulation scheme such as 256 QAM, maybe transmitted from transmitter 104 to receiver 107 on F2. Then receiver 106 can alert receiver 107 to change modulations.).
Regarding claim 43, modified Ljung shows wherein the hopping sequence is determined at each hop (Reudnick: Figure 1 and 2; Par. 0020-0024; If interference arises in the network, the modulation scheme used by transmitter 104 may be decreased, for example down to using QPSK. Since transmitter 103 is also still using QPSK, in our example through-put of the system will still double the through-put of a single transmitter/receiver network QPSK. Since, when a change in modulation and/or transmission coding is to occur, receiver 106 alerts receiver 107 that change is going to occur, second receiver 107 is continually prepared for modulation and or coding changes.).
Regarding claim 44, modified Ljung shows wherein the hopping sequence is determined at each scanning (Reudnick: Figure 1 and 2; Par. 0020-0024; If interference arises in the network, the modulation scheme used by transmitter 104 may be decreased, for example down to using QPSK. Since transmitter 103 is also still using QPSK, in our example through-put of the system will still double the through-put of a single transmitter/receiver network QPSK. Since, when a change in modulation and/or transmission coding is to occur, receiver 106 alerts receiver 107 that change is going to occur, second receiver 107 is continually prepared for modulation and or coding changes.).
Regarding claim 51, Ljung shows a transceiver (Figure 1 shows mobile terminal 20 performing in part the method of Figures 5-6.) comprising:
a transmitter (Figure 1 shows mobile terminal includes a wireless interface including a modem);
a receiver (Figure 1 shows mobile terminal includes a wireless interface including a modem); and
control circuitry for controlling operations of the transmitter and receiver (Figure 1 shows mobile terminal includes a processing device executing functions of the disclosed method.), wherein the control circuitry is configured to:
frequency hop between the channels according to a frequency hopping rate and a hopping sequence, wherein the frequency hopping rate and the hopping sequence are adjustable (Figure 5-6; Par. 0100, 0109, 0134; mode switching during communications allow for adapting/adjusting frequency hopping patten, frequency hopping rate and a modulation scheme as performed by the mode control logic 71.); and
adjust modulation and coding scheme (Figure 5-6; Par. 0100, 0109, 0134; mode switching during communications allow for adapting/adjusting frequency hopping patten, frequency hopping rate and a modulation scheme as performed by the mode control logic 71.).
Ljung shows all of the elements as discussed above. Ljung does not specifically show adjusting modulation and coding scheme for each set of channels for each frequency hop and wherein a set of link adaptation algorithms are used for the adjusting of the modulation and coding scheme, and wherein more than one link adaptation algorithm instance are used concurrently.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Reudnik. Specifically, Reudnik shows adjusting modulation and coding scheme for each set of channels for each frequency hop (Figure 1 and 2; Par. 0020-0024; in a preferred more robust system 100 utilizes a lower modulation scheme on one channel, such as channel F1, to insure communication and to direct control of modulation and/or transmission coding of the other channel, F2. For example, receiver 106 may generally receive using a lower modulation scheme; it will alert receiver 107 what type of modulation and/or transmission coding will be used by transmitter 104. So if the channel conditions allow, a very high modulation scheme such as 256 QAM, maybe transmitted from transmitter 104 to receiver 107 on F2. Then receiver 106 can alert receiver 107 to change modulations.); and
wherein a set of link adaptation algorithms are used for the adjusting of the modulation and coding scheme, and wherein more than one link adaptation algorithm instance are used concurrently (Figure 1 and 2; Par. 0020-0024; If interference arises in the network, the modulation scheme used by transmitter 104 may be decreased, for example down to using QPSK. Since transmitter 103 is also still using QPSK, in our example through-put of the system will still double the through-put of a single transmitter/receiver network QPSK. Since, when a change in modulation and/or transmission coding is to occur, receiver 106 alerts receiver 107 that change is going to occur, second receiver 107 is continually prepared for modulation and or coding changes.).
In view of the above, having the system of Ljung, then given the well-established teaching of Reudnik, it would have been obvious before the effective filing date of the claimed invention to modify the system of Ljung as taught by Reudnik, in order to provide motivation to efficiently use multiple frequencies to increase capacity (Par. 0008 of Reudnik).
Regarding claim 52, Reudnik shows a non-transitory computer readable medium (Figure 1 shows mobile terminal includes software stored in memory and executed by the processing device to perform the disclosed method of Figures 5-6.) having instructions stored thereon, wherein the instructions, when executed on control circuitry of a transceiver, causes the transceiver to:
frequency hop between the channels according to a frequency hopping rate and a hopping sequence, wherein the frequency hopping rate and the hopping sequence are adjustable (Figure 5-6; Par. 0100, 0109, 0134; mode switching during communications allow for adapting/adjusting frequency hopping patten, frequency hopping rate and a modulation scheme as performed by the mode control logic 71.); and
adjust modulation and coding scheme (Figure 5-6; Par. 0100, 0109, 0134; mode switching during communications allow for adapting/adjusting frequency hopping patten, frequency hopping rate and a modulation scheme as performed by the mode control logic 71.).
Ljung shows all of the elements as discussed above. Ljung does not specifically show adjusting modulation and coding scheme for each set of channels for each frequency hop and wherein a set of link adaptation algorithms are used for the adjusting of the modulation and coding scheme, and wherein more than one link adaptation algorithm instance are used concurrently.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Reudnik. Specifically, Reudnik shows adjusting modulation and coding scheme for each set of channels for each frequency hop (Figure 1 and 2; Par. 0020-0024; in a preferred more robust system 100 utilizes a lower modulation scheme on one channel, such as channel F1, to insure communication and to direct control of modulation and/or transmission coding of the other channel, F2. For example, receiver 106 may generally receive using a lower modulation scheme; it will alert receiver 107 what type of modulation and/or transmission coding will be used by transmitter 104. So if the channel conditions allow, a very high modulation scheme such as 256 QAM, maybe transmitted from transmitter 104 to receiver 107 on F2. Then receiver 106 can alert receiver 107 to change modulations.); and
wherein a set of link adaptation algorithms are used for the adjusting of the modulation and coding scheme, and wherein more than one link adaptation algorithm instance are used concurrently (Figure 1 and 2; Par. 0020-0024; If interference arises in the network, the modulation scheme used by transmitter 104 may be decreased, for example down to using QPSK. Since transmitter 103 is also still using QPSK, in our example through-put of the system will still double the through-put of a single transmitter/receiver network QPSK. Since, when a change in modulation and/or transmission coding is to occur, receiver 106 alerts receiver 107 that change is going to occur, second receiver 107 is continually prepared for modulation and or coding changes.).
In view of the above, having the system of Ljung, then given the well-established teaching of Reudnik, it would have been obvious before the effective filing date of the claimed invention to modify the system of Ljung as taught by Reudnik, in order to provide motivation to efficiently use multiple frequencies to increase capacity (Par. 0008 of Reudnik).
Claim(s) 32-36 are rejected under 35 U.S.C. 103 as being unpatentable over Ljung in view of Reudnik and Nammi et al. (US 2020/0195480; hereinafter Nammi).
Regarding claim 32, modified Ljung shows transmitting on one channel with the most robust available modulation and coding scheme; receiving a response; acquiring a suitable modulation and coding scheme for the channel; and adjusting the modulation and coding scheme based on the suitable modulation and coding scheme (Reudnick: Figures 1-2; Par. 0021, 0024; receiver 106 may generally receive using a lower modulation scheme; it will alert receiver 107 what type of modulation and/or transmission coding will be used by transmitter 104, So if the channel conditions allow, a very high modulation scheme such as 256 QAM, may he transmitted from transmitter 104 to receiver 107. Then receiver 106 can alert receiver 107 to change modulations. If interference arises in the network, the modulation scheme used by transmitter 104 may be decreased, for example down to using QPSK. Since transmitter 103 is also still using QPSK, in our example through-put of the system will still double the through-put of a single transmitter/receiver network QPSK. Since, when a change in modulation and/or transmission coding is to occur, receiver 106 alerts receiver 107 that change is going to occur, second receiver 107 is continually prepared for modulation and or coding changes.).
Modified Ljung shows all of the elements including the communications between the transmitters and receivers and adjustment of modulation schemes, as discussed above. Modified Ljung does not specifically show that that communications involve exchange of packets. Modified Ljung does not specifically show transmitting a first packet on one channel; receiving a response to the first packet and adjusting the modulation and coding scheme for a next packet.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Nammi. Specifically, Nammi shows transmitting a first packet on one channel; receiving a response to the first packet and adjusting the modulation and coding scheme for a next packet (Figure 7; Par. 0058-0060, 0095; determining channel state information for an uplink data transmission based on an uplink reference signal and selecting a modulation scheme for the uplink data transmission based on the channel state information. The method includes facilitating transmitting a selection of the modulation scheme on a downlink control channel transmission.).
In view of the above, having the system of Ljung, then given the well-established teaching of Nammi, it would have been obvious before the effective filing date of the claimed invention to modify the system of Ljung as taught by Nammi, in order to provide motivation for adapting to the changing signal to noise ratio and channel state information more rapidly (Par. 0017 of Nammi).
Regarding claim 33, modified Ljung shows wherein the acquiring of a suitable modulation and coding scheme comprises receiving an indication on the suitable modulation and coding scheme in the received response (Nammi: Figure 7; Par. 0058-0060, 0095; selecting a modulation scheme for the uplink data transmission based on the channel state information. The method includes facilitating transmitting a selection of the modulation scheme on a downlink control channel transmission.).
Regarding claim 34, modified Ljung shows determining a suitable modulation and coding scheme from the received response (Nammi: Figure 7; Par. 0058-0060, 0095; selecting a modulation scheme for the uplink data transmission based on the channel state information. The method includes facilitating transmitting a selection of the modulation scheme on a downlink control channel transmission wherein the selection of the modulation scheme comprises an index number from a data structure comprising a first group of transform precoding enabled modulation schemes and a second group of transform precoding disabled modulation schemes.).
Regarding claim 35, modified Ljung shows determining whether a channel is noise limited or interference limited, wherein the adjusting of the modulation and coding scheme is further based on the determination of the channel limitation (Nammi: Figure 7; Par. 0048; If the channel state information changes, e.g., lower coverage due to the UE 202 being further away, more interference, etc., the gNB 204 can determine the channel state information for a new transmission from the UE reference signals, and select a new MCS index number and transmit the selection via the downlink control channel 210 without needing to wait for RRC signaling to indicate a change in the transform precoding status.).
Regarding claim 36, modified Ljung shows wherein the first packet uses a most robust available modulation and coding scheme for a used mode of operation (Reudnik: Par. 0021; if the channel conditions allow, a very high modulation scheme such as 256 QAM, may he transmitted from transmitter 104 to receiver 107.).
Claim(s) 38-41 are rejected under 35 U.S.C. 103 as being unpatentable over Ljung in view of Reudnik and Li et al. (US 2022/0039127; hereinafter Li).
Regarding claim 38, modified Ljung shows all of the elements except omitting use of a set of channels determined to have properties below a first threshold.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Li. Specifically, Li shows omitting use of a set of channels determined to have properties below a first threshold (Par. 0208-0209, 0220; when a threshold corresponding to a logical channel 1 and a threshold corresponding to a logical channel 2 are respectively 1 and 2, it indicates that an element in a priority set, corresponding to the logical channel 1, of a PUSCH is greater than or equal to 1, and an element in a priority set, corresponding to the logical channel 2, of a PUSCH is greater than or equal to 2. In other words, a priority, corresponding to the logical channel 1, of the PUSCH is less than or equal to the priority 1, and a priority, corresponding to the logical channel 2, of the PUSCH is less than or equal to the priority 2. That is, data on the logical channel 1 can be transmitted only on a PUSCH whose priority is less than or equal to 1, and data on the logical channel 2 can be transmitted only on a PUSCH whose priority is less than or equal to 2.).
In view of the above, having the system of Ljung, then given the well-established teaching of Li, it would have been obvious before the effective filing date of the claimed invention to modify the system of Ljung as taught by Li, in order to provide motivation for implementing separate transmission between data of different service flows and different quality of service (QoS) requirements, and helping ensure stability and reliability of service transmission (Par. 0015 of Li).
Regarding claim 39, modified Ljung shows wherein the first threshold corresponds to a feasibility to use a modulation and coding scheme with a minimum data rate for a used mode of operation (Reudnik: Par. Transmitters 103, 104 and 105 and receivers 102, 106 and 107 are designed to transmit and receive using a digital transmission scheme, preferably one whose data rate can be modified based on channel conditions. For example, BPSK or a higher rate modulation scheme, including but not limited to QPSK, 16 QAM, 64 QAM or 256 QAM may be used.).
Regarding claim 40, modified Ljung shows all of the elements except listing sets of channels having properties reaching a second threshold.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Li. Specifically, Li shows listing sets of channels having properties reaching a second threshold (Par. 0218, 0220; an element in a priority set, corresponding to an identifier of a second logical channel, of a PUSCH is greater than or equal to a second threshold, or the element in the priority set, corresponding to the identifier of the second logical channel, of a PUSCH is less than or equal to the second threshold. The second threshold corresponds to the second logical channel, and the second logical channel is any logical channel in the first logical channel set).
In view of the above, having the system of Ljung, then given the well-established teaching of Li, it would have been obvious before the effective filing date of the claimed invention to modify the system of Ljung as taught by Li, in order to provide motivation for implementing separate transmission between data of different service flows and different quality of service (QoS) requirements, and helping ensure stability and reliability of service transmission (Par. 0015 of Li).
Regarding claim 41, modified Ljung shows wherein the second threshold corresponds to a feasibility to use a modulation and coding scheme with a maximum data rate for a used mode of operation (Reudnik: Par. Transmitters 103, 104 and 105 and receivers 102, 106 and 107 are designed to transmit and receive using a digital transmission scheme, preferably one whose data rate can be modified based on channel conditions. For example, BPSK or a higher rate modulation scheme, including but not limited to QPSK, 16 QAM, 64 QAM or 256 QAM may be used.).
Claim(s) 45-47 are rejected under 35 U.S.C. 103 as being unpatentable over Ljung in view of Reudnik and Abe et al. (US 2006/0251122; hereinafter Abe).
Regarding claim 45, modified Ljung shows all of the elements except wherein the frequency hopping rate is adjustable based on the determination of adjusting the modulation and coding scheme.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Abe. Specifically, Abe shows wherein the frequency hopping rate is adjustable based on the determination of adjusting the modulation and coding scheme (Par. 0094-0095; Frequency Hopping reception processing section 6021 selects, receives and demodulates a signal transmitted to the apparatus 301 in accordance with a predetermined coding system, frame format and modulation scheme to output the demodulated result, and is assumed in this embodiment to perform reception/demodulation corresponding to the modulation scheme and low-rate Frequency Hopping system the same as used in Frequency Hopping transmission processing section 6011. Partial received quality measuring section 6022 estimates the received quality in a received burst for each carrier frequency used in the Frequency Hopping and outputs the estimated result.).
In view of the above, having the system of Ljung, then given the well-established teaching of Abe, it would have been obvious before the effective filing date of the claimed invention to modify the system of Ljung as taught by Abe, in order to provide motivation to improve the communication quality (Par. 0102 of Abe).
Regarding claim 46, modified Ljung shows wherein the frequency hopping rate is determined at each hop (Abe: Par. 0094-0095; Frequency Hopping reception processing section 6021 selects, receives and demodulates a signal transmitted to the apparatus 301 in accordance with a predetermined coding system, frame format and modulation scheme to output the demodulated result, and is assumed in this embodiment to perform reception/demodulation corresponding to the modulation scheme and low-rate Frequency Hopping system the same as used in Frequency Hopping transmission processing section 6011. Partial received quality measuring section 6022 estimates the received quality in a received burst for each carrier frequency used in the Frequency Hopping and outputs the estimated result.).
Regarding claim 47, modified Ljung shows wherein the frequency hopping rate is determined at an acquisition of new information about the sets of channels (Abe: Par. 0094-0095; Frequency Hopping reception processing section 6021 selects, receives and demodulates a signal transmitted to the apparatus 301 in accordance with a predetermined coding system, frame format and modulation scheme to output the demodulated result, and is assumed in this embodiment to perform reception/demodulation corresponding to the modulation scheme and low-rate Frequency Hopping system the same as used in Frequency Hopping transmission processing section 6011. Partial received quality measuring section 6022 estimates the received quality in a received burst for each carrier frequency used in the Frequency Hopping and outputs the estimated result.).
Claim(s) 48-49 are rejected under 35 U.S.C. 103 as being unpatentable over Ljung in view of Reudnik, Abe and Li.
Regarding claim 48, modified Ljung shows wherein the frequency hopping rate is determined (Abe: Par. 0094-0095; Frequency Hopping reception processing section 6021 selects, receives and demodulates a signal transmitted to the apparatus 301 in accordance with a predetermined coding system, frame format and modulation scheme to output the demodulated result, and is assumed in this embodiment to perform reception/demodulation corresponding to the modulation scheme and low-rate Frequency Hopping system the same as used in Frequency Hopping transmission processing section 6011. Partial received quality measuring section 6022 estimates the received quality in a received burst for each carrier frequency used in the Frequency Hopping and outputs the estimated result.).
Modified Ljung does not specifically show hopping to a new channel when a channel in use has properties below a third threshold.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Li. Specifically, Li shows hopping to a new channel when a channel in use has properties below a third threshold (Par. 0208-0209, 0220; when a threshold corresponding to a logical channel 1 and a threshold corresponding to a logical channel 2 are respectively 1 and 2, it indicates that an element in a priority set, corresponding to the logical channel 1, of a PUSCH is greater than or equal to 1, and an element in a priority set, corresponding to the logical channel 2, of a PUSCH is greater than or equal to 2. In other words, a priority, corresponding to the logical channel 1, of the PUSCH is less than or equal to the priority 1, and a priority, corresponding to the logical channel 2, of the PUSCH is less than or equal to the priority 2. That is, data on the logical channel 1 can be transmitted only on a PUSCH whose priority is less than or equal to 1, and data on the logical channel 2 can be transmitted only on a PUSCH whose priority is less than or equal to 2.).
In view of the above, having the system of Ljung, then given the well-established teaching of Li, it would have been obvious before the effective filing date of the claimed invention to modify the system of Ljung as taught by Li, in order to provide motivation for implementing separate transmission between data of different service flows and different quality of service (QoS) requirements, and helping ensure stability and reliability of service transmission (Par. 0015 of Li).
Regarding claim 49, modified Ljung shows wherein the third threshold corresponds to a feasibility to use a target modulation and coding scheme for a used mode of operation (Reudnik: Par. Transmitters 103, 104 and 105 and receivers 102, 106 and 107 are designed to transmit and receive using a digital transmission scheme, preferably one whose data rate can be modified based on channel conditions. For example, BPSK or a higher rate modulation scheme, including but not limited to QPSK, 16 QAM, 64 QAM or 256 QAM may be used.).
Allowable Subject Matter
Claim 50 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner submits that none of the prior art references cited in this action teaches the claimed subject matter as specifically presented in the above dependent claims. Examiner submits that the allowance of this application is based on an examination wherein the claim limitations recited in the dependent claims were not taken alone but in view of the scope of the claim(s) as a whole including any proceeding and/or preceding claim limitation(s) present within the claims and by their respective dependencies on other claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/REDENTOR PASIA/Primary Examiner, Art Unit 2413
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