DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, filed 5/18/2026, with respect to §103 have been fully considered and are persuasive. The prior art rejection of 2/18/2026 has been withdrawn. However, the amendments raise issues of new matter under §112(a). In particular, the amendments to independent claims 1 and 11 include the following limitations:
decode payload bits of the shaping output block; and
report a number of the decoded payload bits to a medium access control (MAC) layer, wherein the number of the reported payload bits is a multiple of the first number of bits to located a MAC protocol data unit (MPDU) delimited.
However, the decoding and reporting operations appear to correspond to a receiver device, which is different than the transmitter device that generates the QAM symbols using the shaping encoder, channel encoder and modulator. In other words, the original specification does not disclose a single device (or a single computer readable medium with instructions) that generates the shaping output block and also decodes the same generated shaping output block. The encoding/modulating is performed by a transmitting device, and the decoding and reporting is performed by a receiving device. Therefore, the amendments to claims 1 and 11 include new matter.
Applicant’s arguments, filed 5/18/2026, with respect to §101 have been fully considered, but are unpersuasive.
In view of the §112(a) new matter issues above, it is unclear whether the newly included decoding and reporting of the amendment to the independent claims should be included as part of the functionality of the claims or not. Even if the amendments were considered to included, these additional steps are not considered to be significantly more than the abstract ideas. “Decoding payload bits of the shaping output block” is considered to be an abstract idea, since it can be performed as a mental process with the aid of paper and pencil and/or basic calculator. “Reporting a number of the decoded payload bits” is considered to be extra-solution activity, since that is merely “outputting data”. Therefore, these additional limitations are either additional abstract ideas or extra-solution activity that is not significantly more than the judicial exceptions.
Applicant’s argument: These amendments clearly integrate the constellation shaping mechanisms into a concrete, physical, and technological process that directly optimizes wireless communication receiver operations. Specifically, by ensuring that the number of reported decoded bits is tied to a specific multiple of a first number of bits, the physical MAC layer processing circuitry can locate the MPDU delimited by utilizing an existing 4-byte by 4-byte search methodology. This avoids a 32-time increase in search complexity that would otherwise occur if the MAC layer had to scan the payload bit by bit due to decoding error boundary shift.
Examiner’s response: In view of the §112(a) rejection, it is unclear whether claims are directed to a transmitter or a receiver. It appears that the “constellation shaping mechanism comprising a shaping encoder, channel encoder and a modulator” are directed to a transmitter, and that the “decoding” and “reporting” aspects are directed to a receiver.
Even if both the “decoding” and the “reporting” were properly included into a single method or system claim, these functions are still considered to be abstract ideas and extra-solution activity, as explained above.
Furthermore, the “the physical MAC layer processing circuitry can locate the MPDU delimited by utilizing an existing 4-byte by 4-byte search methodology,” indicated in applicant’s arguments is not expressly recited in the independent claims.
“By utilizing an existing 4-byte by 4-byte search methodology” is not recited in claims 1, 11 and 20, and only appears in claims 8 and 18.
Claims 1, 11, and 20 recite “wherein the number of the reported decoded payload bits is a multiple of the first number of bits to locate a MAC protocol data unit (MPDU) delimiter”. This claim language only requires that the number of the reported decoded payload bits is a multiple of the first number of bits, but “to locate a MPDU delimiter” appears to be an intended use of the first number of bits, and is not given patentable weight.
If applicant intends for “locating a MPDU delimiter” to be given patentable weight, it is suggested to applicant to amend the claims to make it separate active step/function in the claims (e.g. “locating a MPDU delimiter using the reported decoded payload bits”).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The amendments to independent claims 1 and 11 include the following limitations:
decode payload bits of the shaping output block; and
report a number of the decoded payload bits to a medium access control (MAC) layer, wherein the number of the reported payload bits is a multiple of the first number of bits to located a MAC protocol data unit (MPDU) delimited.
However, the decoding and reporting operations appear to correspond to a receiver device, which is different than the transmitter device that generates the QAM symbols using the shaping encoder, channel encoder and modulator. In other words, the original specification does not disclose a single device (or a single computer readable medium with instructions) that generates the shaping output block and also decodes the same generated shaping output block. The encoding/modulating is performed by a transmitting device, and the decoding and reporting is performed by a receiving device. Therefore, the amendments to claims 1 and 11 include new matter.
Claim 20 is not limited to a single device, and is considered to be a method corresponding to a system comprising both the transmitter and receiver. As such, claim 20 does not include new matter.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed
to an abstract idea without significantly more.
Claim(s) 1, 11 and 20 recite(s) “utilize a probabilistic constellation shaping
mechanism comprising a shaping encoder, a channel encoder, and a modulator to generate one
or more QAM symbols (mental process); set a shaping output block to have a fixed length of output bits (mental process); and set shaping input bits used in the shaping encoder, wherein the input bits are a multiple of the first number of bits (mental process); decode payload bits of the shaping output block (mental process); and report a number of the decoded payload bits to a MAC layer (data output), wherein the number of the reported payload bits is a multiple of the first number of bits to locate a MAC protocol data unit (MPDU) delimiter”.
Each of these functions can be performed as mental processes with the aid of
paper and pencil and/or basic calculator. This judicial exception is not integrated into a practical
application because the claims merely recite abstract ideas implemented with generic computer elements and/or include extra-solution activity such as “data output” which is not the same as the practical application of generating and transmitting a specifically processed/transformed signal. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the generic structure of a device comprising generic processing circuitry coupled to circuitry to perform the recited functions, or computer readable medium storing computer executable instructions comprising the recited functions do not go beyond a generic linking of the use of the judicial exception.
Dependent claims 2-10 and 12-19 only further specify the abstract ideas without any
practical applications, and are rejected similarly to claims 1 and 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al. (US 2021/0084654) discloses a communications system that performs shaping encoding, channel encoding and modulation of QAM symbols and corresponding receiver operations to transmit data with MAC layer delimiters.
Yang et al. (US 2021/0160843) also discloses a communications system that performs shaping encoding, channel encoding and modulation of QAM symbols and corresponding receiver operations to transmit data with MAC layer delimiters.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID S HUANG whose telephone number is (571)270-1798. The examiner can normally be reached Monday - Friday, 9:00 a.m. - 5:00 p.m., EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hannah Wang can be reached at (571) 272-9018. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David S Huang/Primary Examiner, Art Unit 2631 7/25/2026
