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 .
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1-3, 7-12, 16-21 and 25-30 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0153570 A1 to Peng et al. (hereafter refers as Peng) in view of US Patent No. 11,038,739 B1 to Landis et al. (hereafter refers as Landis) and further in view of US 2023/0092517 A1 to Montorsi et al. (hereafter refers as Montorsi).
Regarding claims 1 and 19, Peng teaches an apparatus for wireless communications (user equipment 1/UE, Fig. 7) and a method for wireless communications, at a user equipment (UE) (a method performed by the UE, Fig. 7), comprising:
a processor (wherein the user equipment 1/UE includes a processor/processing circuit, Fig. 3, 14 and paragraphs [41-43, 151-152]);
memory coupled with the processor (wherein the user equipment 1/UE includes a memory coupled to the processor/processing circuit, Fig. 3, 14 and paragraphs [41-43, 151-152]); and
instructions stored in the memory and executable by the processor to cause the apparatus to (the instructions stored in the memory and executable by the processor/processing circuit to cause the UE to perform the functions, Fig. 3, 14 and paragraphs [45-47, 152, 160, 163]):
transmit first control information that is indicative of noise, at the apparatus, that impacts an efficiency of a modulation and coding scheme (transmit a control information including a channel status specifying a noise at the UE, paragraph [70] and Fig. 7, step 702, wherein the noise impacts an efficiency of a Modulation and coding scheme, paragraphs [61, 73, 90]), wherein the modulation and coding scheme is associated with a constellation of points (wherein the MCS/modulation and coding scheme is associated with a constellation of points, paragraphs [32, 73, 88]) that are each representative of a respective candidate sequence of bit values encoded (wherein the each point representative of a respective candidate sequence of bits values encoded, paragraphs [2, 32, 65, 97]);
receive, based at least in part on transmitting the first control information, second control information (the UE receives, based on the channel status, a control information, paragraph [56] and Fig. 7, step 708]) that indicates a set of parameters, wherein the set of parameters is indicative of a hierarchical of the constellation (indicating a constellation and the rotation angles of the constellation to generate one or more constellation, paragraph [108]); and
decode a message modulated via the modulation and coding scheme (the UE decodes a message modulated by the modulation and coding scheme, paragraphs [67, 68, 154] and Fig. 7, step 711), wherein the decoding is hierarchical based at least in part on the plurality of points (by using the hierarchical constellation based on at least on the plurality of points of the hierarchical constellation, paragraphs [65, 67, 68]).
However, Peng does not explicitly teach the set of parameters is a set of “partitioning” parameters, the “partitioning” parameters “indicative of a hierarchical partitioning of the constellation into a plurality of subsets of points”; and wherein the decoding is hierarchical based at least in part on the “plurality of subsets of points”.
Landis teaches a method for wireless communications, at a user equipment (UE) (a wireless communication device 505, col. 9, lines 20-40, col. 11, line 60 – col. 12, line 15, and Fig. 5) comprising:
receiving, based at least in part on a noise, second control information that indicates a set of partitioning parameters (indicating a set of partitioning parameters, col. 9, lines 34-41, col. 12, lines 15-25), wherein the set of partitioning parameters is indicative of a hierarchical partitioning of the constellation into a plurality of subsets of points (wherein the set of partitioning parameters specifying a hierarchical partitioning of the constellation into a plurality of subset of points, col. 11, lines 1-20, col. 12, lines 40-50, col. 13, line 60 – col. 14, line 15 and Fig. 6); and
decoding a message modulated via the modulation and coding scheme, wherein the decoding is hierarchical based at least in part on the plurality of subsets of points (the wireless communication device 505 decodes a message modulated via a modulation and coding scheme, based on the subset of points of constellation, col. 9, lines 15-20, col. 14, lines 33-50, col. 14, line 65 – col. 15, line 7).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the set of parameters is a set of partitioning parameters, the partitioning parameters indicative of a hierarchical partitioning of the constellation into a plurality of subsets of points and wherein the decoding is hierarchical based at least in part on the plurality of subsets of points as taught by Landis, with the teachings of Peng, for a purpose of improving ability to handle strong non-linearities while using a subset of points of constellation (see Landis, col. 9, lines 15-20, col. 11, lines 46-56, col. 14, lines 33-50, col. 14, line 65 – col. 15, line 7).
However, the combination of Peng and Landis does not explicitly teach a noise impacts “a spectral efficiency” of a modulation and coding scheme, wherein the modulation and coding scheme is associated with a constellation of points that are each representative of a respective candidate sequence of bit values “encoded with a corresponding combination of signal amplitude and carrier phase”.
Montorsi teaches a noise impacts a spectral efficiency of a modulation and coding scheme (SNR value(s) effects a spectral efficiency of a MCS, paragraphs [11, 17, 77-80]), wherein the modulation and coding scheme is associated with a constellation of points that are each representative of a respective candidate sequence of bit values encoded with a corresponding combination of signal amplitude and carrier phase (wherein the MCS is associated with a constellation of points, Fig. 2-2 and paragraphs [47-50], wherein each points representative of a respective candidate sequence of bit values encoded with a corresponding combination of signal amplitude and carrier phase, paragraph [3] and Fig. 2-2, 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the noise impacts a spectral efficiency of a modulation and coding scheme, wherein the modulation and coding scheme is associated with a constellation of points that are each representative of a respective candidate sequence of bit values encoded with a corresponding combination of signal amplitude and carrier phase as taught by Montorsi, with the teachings of combination of Peng and Landis, for a purpose of increasing compatible of the teachings by enabling the teachings to be compatible with the IEEE 802.11n/ac/ax standards (see Montorsi, paragraphs [3 11, 17, 77-80] and Fig. 2-2, 3).
Regarding claims 2 and 20, the combination of Peng, Landis and Montorsi further teaches wherein the instructions are further executable by the processor to cause the apparatus to: determine, based at least in part on the set of partitioning parameters, a mapping between individual subsets of points of the constellation and respective levels of the hierarchical partitioning (determining mapping between the subset of points of the constellation and each level of partitioning, see Landis, col. 11, lines 1-25, col. 12, lines 15-22, col. 12, lines 44-51 and Fig. 6, see Peng, paragraphs [65, 97, 104], see Montorsi, paragraphs [125-127, 134-135] and Fig. 3), each of the respective levels of the hierarchical partitioning also associated with a corresponding code rate comprised in the set of partitioning parameters or received in a third control information (each levels of hierarchical partitioning, i.e. group of constellation points, is associated with a corresponding code rate, included in the received parameters, see Landis, col. 11, lines 1-25, col. 12, lines 15-22, col. 12, lines 44-51 and Fig. 6, see Peng, paragraphs [65, 97, 104]).
Regarding claims 3 and 21, the combination of Peng, Landis and Montorsi further teaches wherein the instructions to decode the message are executable by the processor to cause the apparatus to: identify that the message includes an encoded sequence of bit values from the respective candidate sequence of bit values (identifying the message by decoding coded sequence of bits from respective candidate sequence of bits, see Landis, col. 11, lines 1-25, col. 12, lines 15-50, see Peng, paragraphs [55, 57, 65, 68]) wherein each respective level of the hierarchical partitioning is used to determine a value of one bit for each of one or more received points of the constellation (wherein each of the level or subset/group of constellations is used to determine value of bit for each of the points of the constellation, see Landis, col. 11, lines 1-25, col. 12, lines 15-50, see Peng, paragraphs [55, 57, 65, 68]).
Regarding claims 7 and 25, the combination of Peng, Landis and Montorsi further teaches wherein individual subsets of the plurality of subsets of points are based at least in part on Euclidean distances between points in the constellation (wherein the subsets of points are based on a Euclidean distances between points in the constellation, see Peng, paragraphs [51, 96-98, 102-105] and Fig. 10B, see Landis, abstract and col. 11, lines 1-20), the Euclidean distances are based at least in part on the noise indicated in the first control information (wherein the distances are based the noise, see Peng, paragraphs [51, 96-98, 102-105]).
Regarding claims 8 and 26, the combination of Peng, Landis and Montorsi further teaches wherein the modulation and coding scheme is associated with quadrature amplitude modulation (QAM, see Peng, paragraphs [90, 107], see Landis, col. 8, lines 60-67) and the hierarchical partitioning comprises a quadrature amplitude modulation multi-level coding scheme (the hierarchical partitioning includes QAM multi-level coding scheme, see Landis, col. 8, lines 60-67, col. 11, lines 35-45, col. 12, lines 40-60).
Regarding claims 9 and 27, Peng further teaches wherein the first control information is included in an uplink control information message (wherein the UE transmits the control information including the channel status via uplink control information, see paragraph [51] and Fig. 7) and the second control information is included in a downlink control information message (wherein the UE receives the control information indicating the constellation and the rotation angels of the constellation, via downlink control information, see paragraphs [51, 64-67, 70] and Fig. 7).
Regarding claims 10 and 28, Peng teaches an apparatus for wireless communications (base station, Fig. 7) and a method for wireless communications, at a network entity (a method performed by the base station, Fig. 7), comprising:
a processor (wherein the base station includes a processor/processing circuit, Fig. 2, 13 and paragraphs [33-35, 134-136]);
memory coupled with the processor (wherein the base station includes a memory coupled to the processor/processing circuit, Fig. 2, 13 and paragraphs [33-35, 40, 134-136]); and
instructions stored in the memory and executable by the processor to cause the apparatus to (the instructions stored in the memory and executable by the processor/processing circuit to cause the base station to perform the functions, Fig. 2, 13 and paragraphs [33-35, 40, 134-136, 139]):
receive first control information that is indicative of noise, at a user equipment (UE), that impacts an efficiency of a modulation and coding scheme (transmit a control information including a channel status specifying a noise at the UE, paragraph [70] and Fig. 7, step 702, wherein the noise impacts an efficiency of a Modulation and coding scheme, paragraphs [61, 73, 90]), wherein the modulation and coding scheme is associated with a constellation of points (wherein the MCS/modulation and coding scheme is associated with a constellation of points, paragraphs [32, 73, 88]) that are each representative of a respective candidate sequence of bit values encoded (wherein the each point representative of a respective candidate sequence of bits values encoded, paragraphs [2, 32, 65, 97]);
transmit, based at least in part on transmitting the first control information, second control information (the base station transmits, based on the channel status, a control information, paragraph [56] and Fig. 7, step 708]) that indicates a set of parameters, wherein the set of parameters is indicative of a hierarchical of the constellation (indicating a constellation and the rotation angles of the constellation to generate one or more constellation, paragraph [108]); and
transmit a message via the modulation and coding scheme (the base station transmits an modulated message via the modulation and coding scheme, paragraphs [67, 68, 154] and Fig. 7, steps 710-711), wherein decoding the message is hierarchical based at least in part on the plurality of points (by using the hierarchical constellation based on at least on the plurality of points of the hierarchical constellation, paragraphs [65, 67, 68]).
However, Peng does not explicitly teach the set of parameters is a set of “partitioning” parameters, the “partitioning” parameters “indicative of a hierarchical partitioning of the constellation into a plurality of subsets of points”; and wherein the decoding is hierarchical based at least in part on the “plurality of subsets of points”.
Landis teaches a method for wireless communications, at a network entity (a wireless communication device 510, col. 9, lines 20-40, col. 11, line 60 – col. 12, line 15, and Fig. 5) comprising:
transmitting, based at least in part on a noise, second control information (the wireless communication device 510 transmits DPoD Parameter indication 520, col. 12 , lines 15-23) that indicates a set of partitioning parameters, wherein the set of partitioning parameters is indicative of a hierarchical partitioning of the constellation into a plurality of subsets of points (wherein the set of partitioning parameters specifying a hierarchical partitioning of the constellation into a plurality of subset of points, col. 11, lines 1-20, col. 12, lines 40-50, col. 13, line 60 – col. 14, line 15 and Fig. 6); and
transmit a message via the modulation and coding scheme, wherein decoding the message is hierarchical based at least in part on the plurality of subsets of points (the wireless communication device 510 transmits a message modulated via the modulation and coding scheme, wherein decoding of the message is hierarchical based on the subset of points of constellation, col. 9, lines 15-20, col. 14, lines 33-50, col. 14, line 65 – col. 15, line 7).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the set of parameters is a set of partitioning parameters, the partitioning parameters indicative of a hierarchical partitioning of the constellation into a plurality of subsets of points and wherein the decoding is hierarchical based at least in part on the plurality of subsets of points as taught by Landis, with the teachings of Peng, for a purpose of improving ability to handle strong non-linearities while using a subset of points of constellation (see Landis, col. 9, lines 15-20, col. 11, lines 46-56, col. 14, lines 33-50, col. 14, line 65 – col. 15, line 7).
However, the combination of Peng and Landis does not explicitly teach a noise impacts “a spectral efficiency” of a modulation and coding scheme, wherein the modulation and coding scheme is associated with a constellation of points that are each representative of a respective candidate sequence of bit values “encoded with a corresponding combination of signal amplitude and carrier phase”.
Montorsi teaches a noise impacts a spectral efficiency of a modulation and coding scheme (SNR value(s) effects a spectral efficiency of a MCS, paragraphs [11, 17, 77-80]), wherein the modulation and coding scheme is associated with a constellation of points that are each representative of a respective candidate sequence of bit values encoded with a corresponding combination of signal amplitude and carrier phase (wherein the MCS is associated with a constellation of points, Fig. 2-2 and paragraphs [47-50], wherein each points representative of a respective candidate sequence of bit values encoded with a corresponding combination of signal amplitude and carrier phase, paragraph [3] and Fig. 2-2, 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the noise impacts a spectral efficiency of a modulation and coding scheme, wherein the modulation and coding scheme is associated with a constellation of points that are each representative of a respective candidate sequence of bit values encoded with a corresponding combination of signal amplitude and carrier phase as taught by Montorsi, with the teachings of combination of Peng and Landis, for a purpose of increasing compatible of the teachings by enabling the teachings to be compatible with the IEEE 802.11n/ac/ax standards (see Montorsi, paragraphs [3 11, 17, 77-80] and Fig. 2-2, 3).
Regarding claims 11 and 29, the combination of Peng, Landis and Montorsi further teaches wherein the instructions are further executable by the processor to cause the apparatus to: map between individual subsets of points of the constellation and respective levels of the hierarchical partitioning (mapping between the subset of points of the constellation and each level of partitioning, see Landis, col. 11, lines 1-25, col. 12, lines 15-22, col. 12, lines 44-51 and Fig. 6, see Peng, paragraphs [65, 97, 104], see Montorsi, paragraphs [125-127, 134-135] and Fig. 3), each of the respective levels of the hierarchical partitioning also associated with a corresponding code rate indicated to the UE via the set of partitioning parameters or via a third control information (each levels of hierarchical partitioning, i.e. group of constellation points, is associated with a corresponding code rate, included in the received parameters, see Landis, col. 11, lines 1-25, col. 12, lines 15-22, col. 12, lines 44-51 and Fig. 6, see Peng, paragraphs [65, 97, 104]).
Regarding claims 12 and 30, the combination of Peng, Landis and Montorsi further teaches wherein the instructions are further executable by the processor to cause the apparatus to:
encode, via the modulation and coding scheme, the message in accordance with the mapping associated with the set of partitioning parameters and the corresponding code rate for each of the respective levels of the hierarchical partitioning (encoding, via the modulation and coding scheme, the message based on the mapping, see Peng, paragraphs [32, 64, 67-68], see Landis, col. 11, lines 1-25, col. 12, lines 15-50), the encoded message comprising an encoded sequence of bit values from the respective candidate sequence of bit values (coded sequence of bits from respective candidate sequence of bits, see Landis, col. 11, lines 1-25, col. 12, lines 15-50, see Peng, paragraphs [55, 57, 65, 68]), wherein each respective level of the hierarchical partitioning is associated with a value of one bit for each of one or more points of the constellation (wherein each of the level or subset/group of constellations is used to determine value of bit for each of the points of the constellation, see Landis, col. 11, lines 1-25, col. 12, lines 15-50, see Peng, paragraphs [55, 57, 65, 68]).
Regarding claim 16, the combination of Peng, Landis and Montorsi further teaches wherein individual subsets of the plurality of subsets of points are based at least in part on Euclidean distances between points in the constellation (wherein the subsets of points are based on a Euclidean distances between points in the constellation, see Peng, paragraphs [51, 96-98, 102-105] and Fig. 10B, see Landis, abstract and col. 11, lines 1-20), the Euclidean distances are based at least in part on the noise indicated in the first control information (wherein the distances are based the noise, see Peng, paragraphs [51, 96-98, 102-105]).
Regarding claim 17, the combination of Peng, Landis and Montorsi further teaches wherein the modulation and coding scheme is associated with a quadrature amplitude modulation scheme (QAM, see Peng, paragraphs [90, 107], see Landis, col. 8, lines 60-67) and the hierarchical partitioning comprises a quadrature amplitude modulation multi-level coding scheme (the hierarchical partitioning includes QAM multi-level coding scheme, see Landis, col. 8, lines 60-67, col. 11, lines 35-45, col. 12, lines 40-60).
Regarding claim 18, Peng further teaches wherein the first control information is included in an uplink control information message (wherein the UE transmits the control information including the channel status via uplink control information, see paragraph [51] and Fig. 7) and the second control information is included in a downlink control information message (wherein the UE receives the control information indicating the constellation and the rotation angels of the constellation, via downlink control information, see paragraphs [51, 64-67, 70] and Fig. 7).
Claims 4 and 22 are rejected under 35 U.S.C. 103 as being obvious over US 2020/0153570 A1 to Peng et al. (hereafter refers as Peng) in view of US Patent No. 11,038,739 B1 to Landis et al. (hereafter refers as Landis) and US 2023/0092517 A1 to Montorsi et al. (hereafter refers as Montorsi) as applied to claims above, and further in view of US 2024/0014924 A1 to Landis et al. (hereafter refers as Landis’924).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
Regarding claims 4 and 22, the combination of Peng, Landis and Montorsi does not explicitly teach wherein the instructions are further executable by the processor to cause the apparatus to: “decode a first bit for each of the one or more received points of the constellation using a first subset of points of the constellation and a first code rate associated with a first level of the hierarchical partitioning; and decode a second bit for each of the one or more received points of the constellation using a second subset of points of the constellation and a second code rate associated with a second level of the hierarchical partitioning, wherein the second subset of points is a subset of the first subset of points”.
Landis’924 teaches decoding a first bit for each of the one or more received points of the constellation using a first subset of points of the constellation and a first code rate associated with a first level of the hierarchical partitioning (decoding a first subset of bits of received points of the constellation using a first subset of points of the constellation and first code rate associated with a first level of the hierarchical partitioning, paragraphs [85, 86, 108, 129]); and
decoding a second bit for each of the one or more received points of the constellation using a second subset of points of the constellation and a second code rate associated with a second level of the hierarchical partitioning, wherein the second subset of points is a subset of the first subset of points (decoding a second subset of bits of received points of the constellation using a second subset of points of the constellation and second code rate associated with a second level of the hierarchical partitioning, paragraphs [85, 86, 108, 129], wherein the second subset of points is a part of the first subset of points, Fig. 2 and paragraphs [81, 84-87]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of decoding a first bit for each of the one or more received points of the constellation using a first subset of points of the constellation and a first code rate associated with a first level of the hierarchical partitioning; and decoding a second bit for each of the one or more received points of the constellation using a second subset of points of the constellation and a second code rate associated with a second level of the hierarchical partitioning, wherein the second subset of points is a subset of the first subset of points as taught by Landis’924, with the teachings of combination of Peng, Landis and Montorsi, for a purpose of increase efficiency in decoding by using multiple code rate to decoding different bits (see Landis’924, paragraphs [85, 86, 108, 129]).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Claims 5, 13-14 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over, and further in view of US 2020/0153570 A1 to Peng et al. (hereafter refers as Peng) in view of US Patent No. 11,038,739 B1 to Landis et al. (hereafter refers as Landis) and US 2023/0092517 A1 to Montorsi et al. (hereafter refers as Montorsi) as applied to claims above, and further in view of US 2019/0097747 A1 to Kim et al. (hereafter refers as Kim).
Regarding claims 5 and 23, the combination of Peng, Landis and Montorsi does not explicitly teach wherein the mapping results “in the spectral efficiency of the modulation and coding scheme satisfying a threshold value”.
Kim teaches a mapping results in the spectral efficiency of the modulation and coding scheme satisfying a threshold value (mapping is a result of selecting a modulation format, paragraphs [44, 52], wherein the selecting of the modulation format is based on a spectral efficiency of the MCS satisfied a threshold, paragraphs [27, 97-99]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mapping results in the spectral efficiency of the modulation and coding scheme satisfying a threshold value as taught by Kim, with the teachings of combination of Peng, Landis and Montorsi, for a purpose of increase efficiency of the mapping by based on the spectral efficiency of the modulation and coding scheme satisfying the threshold value (see Kim, paragraphs [27, 97-99]).
Regarding claim 13, the combination of Peng, Landis and Montorsi further teaches generating the individual subsets of points of the constellation and the corresponding code rate for the respective levels of the hierarchical partitioning (generating the subsets of points of the constellation and the corresponding code rates for each level of the hierarchical portioning, see Landis, col. 12, lines 15-60, col. 14, lines 30-60).
However, the combination of Peng, Landis and Montorsi does not explicitly teach generating the individual subsets of points of the constellation “such that the spectral efficiency of the modulation and coding scheme satisfies a configured threshold”.
Kim teaches generating the individual subsets of points of the constellation and the corresponding code rate for the respective levels of the hierarchical partitioning such that the spectral efficiency of the modulation and coding scheme satisfies a configured threshold (generating subsets of points, i.e. mapping, by selecting a modulation format, paragraphs [44, 52], wherein the selecting of the modulation format is based on a spectral efficiency of the MCS satisfied a threshold, paragraphs [27, 97-99]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of generating the individual subsets of points of the constellation and the corresponding code rate for the respective levels of the hierarchical partitioning such that the spectral efficiency of the modulation and coding scheme satisfies a configured threshold as taught by Kim, with the teachings of combination of Peng, Landis and Montorsi, for a purpose of increase efficiency of generating the subsets of points by based on the spectral efficiency of the modulation and coding scheme satisfying the threshold value (see Kim, paragraphs [27, 97-99]).
Regarding claim 14, the combination of Peng, Landis and Montorsi does not explicitly teach “select, from a predefined list, the individual subsets of points of the constellation and the corresponding code rate for the respective levels of the hierarchical partitioning such that the spectral efficiency of the modulation and coding scheme satisfies a configured threshold”.
Kim teaches selecting, from a predefined list, the individual subsets of points of the constellation and the corresponding code rate for the respective levels of the hierarchical partitioning such that the spectral efficiency of the modulation and coding scheme satisfies a configured threshold (mapping is a result of selecting a modulation format, paragraphs [44, 52], wherein the selecting of the modulation format is based on a spectral efficiency of the MCS satisfied a threshold, paragraphs [27, 97-99]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of selecting, from a predefined list, the individual subsets of points of the constellation and the corresponding code rate for the respective levels of the hierarchical partitioning such that the spectral efficiency of the modulation and coding scheme satisfies a configured threshold as taught by Kim, with the teachings of combination of Peng, Landis and Montorsi, for a purpose of increase efficiency of for identifying the individual subsets of points of the constellation and the corresponding code rate for the respective levels of the hierarchical partitioning by based on the spectral efficiency of the modulation and coding scheme satisfying the threshold value (see Kim, paragraphs [27, 97-99]).
Claims 6, 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0153570 A1 to Peng et al. (hereafter refers as Peng) in view of US Patent No. 11,038,739 B1 to Landis et al. (hereafter refers as Landis) and US 2023/0092517 A1 to Montorsi et al. (hereafter refers as Montorsi), and further in view of US 2018/0183532 A1 to Da silva.
Regarding claims 6 and 24, the combination of Peng, Landis and Montorsi does not explicitly teach “estimate an additive white gaussian noise metric and a phase noise metric associated with the apparatus, wherein the first control information that is indicative of noise comprises an indication of the additive white gaussian noise metric and the phase noise metric”.
Da silva teaches estimate an additive white gaussian noise metric and a phase noise metric associated with an apparatus (estimating SINR including phase noise and AWGN, paragraphs [29-30, 53]), wherein a first control information that is indicative of noise comprises an indication of the additive white gaussian noise metric and the phase noise metric (transmitting the measured/estimated SINR including phase noise and AWGN to a base station/access point, paragraph [58]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of estimating the additive white gaussian noise metric and the phase noise metric associated with the apparatus, wherein the first control information that is indicative of noise comprises an indication of the additive white gaussian noise metric and the phase noise metric as taught by Da Silva, with the teachings of the first control information as taught by combination of Peng, Landis and Montorsi, for a purpose of increase efficiency in determining the set of parameters by using the both the additive white gaussian noise metric and the phase noise metric (see Da Silva, paragraphs [29-30, 53, 58]).
Regarding claim 15, the combination of Peng, Landis and Montorsi teaches wherein the set of partitioning parameters are based at least in part on the noise metric (indicating a set of partitioning parameters are based on noise metrics, see Landis, col. 12, lines 60 – col. 13, line 11, lines 15-25).
The combination of Peng, Landis and Montorsi does not explicitly teach “receiving an indication of an additive white gaussian noise metric and a phase noise metric associated with the UE”.
Da silva teaches receiving an indication of an additive white gaussian noise metric and a phase noise metric associated with the UE (a base station receives a measured/estimated SINR including phase noise and AWGN from a UE, paragraph [58]), wherein the set of parameters are based at least in part on the additive white gaussian noise metric and the phase noise metric (the sets of parameters of constellation is based on SINR, paragraphs [45-48, 53]).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of receiving an indication of an additive white gaussian noise metric and a phase noise metric associated with the UE, wherein the set of parameters are based at least in part on the additive white gaussian noise metric and the phase noise metric as taught by Da Silva, with the teachings of the first control information as taught by combination of Peng, Landis and Montorsi, for a purpose of increase efficiency in determining the set of parameters by using the both the additive white gaussian noise metric and the phase noise metric (see Da Silva, paragraphs [29-30, 53, 58]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2023/0246732 A1 (same assignee) discloses a UE transmits phase noise metric to a base station and thereby receives a partitioning configuration from the base station based on the phase noise metric (paragraphs [103-105] and Fig. 5), wherein the portioning configuration specifying mapping of a number of bits of signal onto a subset of constellation symbols (paragraphs [124-128]).
US 2025/0055594 A1 discloses a base station selects MCS table based on a phase noise and determining MCS index and a corresponding modulation mode from the determined MCS table (see paragraphs [123-130]).
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/DUNG B HUYNH/Primary Examiner, Art Unit 2469 February 28, 2026