DETAILED ACTION
Response to Arguments
Applicant's arguments filed 11/4/25 have been fully considered but they are not persuasive.
Applicant argued Stirling-Gallacher fails to teach a first signal transmitted from a first base station and a second signal transmitted from a second base station carry the same information.
In contrast to applicant’s assertions, Stirling-Gallacher was used to show MIMO transmission where the same signal can be transmitted from two different antennas (transmission the same signal using different antennas is the fundamental of MIMO transmission).
Shen further teaches in paragraph 51, the two antennas can be located in two base stations and the coded data (the claimed the same information) is passed to the base stations for transmission as a joint MINO transmission.
The benefit to combine the two teachings is for the purposes of higher dimension space-time-frequency processing for increased capacity and system performance.
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.
Claim(s) 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stirling-Gallacher et al. (US 2014/0050280) in view of Jin et al. (US 2007/0129016 A1) and further in view of Shen et al. (US 2013/0195000 A1).
Consider claim 9, Stirling-Gallacher teaches a transmitting method (figure 1, paragraph 0048, multiple MU-MIMO streams scheduled at the same time, same or different direction and/ or frequency) comprising:
generating a first signal and a second signal each carrying same information (figures 1 and 2, a base station configured for MIMO operation comprising a digital precoder 110 digitally phase shifts and amplitude weights the signals 110 which are passed to different RF envelope circuitry 130 and 132 to radiate beams in the same or different direction; envelope circuitry 130, a “first communication device” includes and RF chain 134, RF precoder 140, and antennas 144),
controlling a first communication device to transmit the first signal to a user terminal (figures 1 and 2, paragraphs 0041-0046, a base station comprises a “first communication device” includes and RF chain 134, RF precoder 140, and antennas 144 to form a radiation pattern 152 in the direction and communicate to a mobile device), and
controlling a second communication device to transmit the second signal to the user terminal such that transmission of the second signal is over lapped in a time domain or a frequency domain with transmission of the first signal (figures 1-3, paragraphs 0041-0050, RF envelope circuitry 132, “second communication device” includes an RF chain 136, RF precoder 142, and antennas 146 to generate a second beam 154 comprising same data stream and beam pattern direction as the first beam pattern 152; paragraph 0003, MIMO transmission or spatially multiplexing enables multiple streams to be sent at the same time, same or different frequency and/ or direction),
wherein the first communication device and the second communication device are disposed in separate locations (Fig. 1, MIMO operation where the RF circuitries are at separate locations).
Stirling-Gallacher does not teach wherein the transmission of the second signal is partially overlapped in the same domain with the transmission of the first signal without the transmission of the second signal being fully overlapped in the time domain with the transmission of the first signal.
Jin further teaches wherein the transmission of the second signal is partially overlapped in the same domain with the transmission of the first signal without the transmission of the second signal being fully overlapped in the time domain with the transmission of the first signal (paragraph 41, signals transmitted are partially overlapped in the time domain).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and utilize the above teachings for the purposes of simplify the retrieving of the receiving signal.
Stirling-Gallacher and Jin do not teach wherein the first communication device is included in the first base station and the second communication device is included in the second base station different from the first base station.
Shen further teaches generating a first signal and a second signal each carrying same information and wherein the first communication device is included in the first base station and the second communication device is included in the second base station different from the first base station (Fig. 4a, 4b and 5 and paragraph 49-57, two base stations are working together to perform MIMO operation and the coded data (the claimed the same information) is passed to the base stations for transmission as a joint MINO transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and utilize the above teachings for the purposes of higher dimension space-time-frequency processing for increased capacity and system performance.
Consider claim 10, Jin further teaches the transmission of the second signal is partially overlapped in the frequency domain with the transmission of the first signal (paragraph 41, signals transmitted are partially overlapped in the frequency domain).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and utilize the above teachings for the purposes of simplify the retrieving of the receiving signal.
As to claim 11 with respect to claim 9, Stirling-Gallacher teaches wherein the same information is provided to indicate control of communication (figure 1, paragraph 0041, digital precoder 110 digitally phase shifts and amplitude weights the signals which are passed to different RF envelope circuitry 130and 132).
As to claims 12 and 13, Stirling-Gallacher teaches a receiver or receiving method (figure 1, paragraph 0046-0048, a base station to transmit multiple MU-MIMO streams scheduled at the same time, same or different direction and/ or frequency received by a user end terminal or mobile device) comprising:
receiving a first signal and a second signal from a first communication device and a second communication device, respectively, the first signal and the second signal each carrying same information, reception of the first signal being overlapped in a time domain or a frequency domain with reception of the second signal (figures 1-3, paragraphs 0041-0050, MIMO base station comprises RF envelope circuitry 130 “first communication device” and RF envelope circuitry 132 “second communication device”, each produce the same or different data stream patterns selected for reception at the same time from the same or different directions), and
obtaining the same information based on the reception (figures 1, 2, paragraphs 0046-0050, mobile device in MIMO operation with a base station or access point).
wherein the first communication device and the second communication device are disposed in separate locations (Fig. 1, MIMO operation where the RF circuitries are at separate locations).
Stirling-Gallacher does not teach wherein the transmission of the second signal is partially overlapped in the same domain with the transmission of the first signal without the transmission of the second signal being fully overlapped in the time domain with the transmission of the first signal.
Jin further teaches wherein the transmission of the second signal is partially overlapped in the same domain with the transmission of the first signal without the transmission of the second signal being fully overlapped in the time domain with the transmission of the first signal (paragraph 41, signals transmitted are partially overlapped in the time domain).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and utilize the above teachings for the purposes of simplify the retrieving of the receiving signal.
Stirling-Gallacher and Jin do not teach wherein the first communication device is included in the first base station and the second communication device is included in the second base station different from the first base station.
Shen further teaches wherein the first communication device is included in the first base station and the second communication device is included in the second base station different from the first base station (Fig. 4a, 4b and 5 and paragraph 49-57, two base stations are working together to perform MIMO operation and the coded data (the claimed the same information) is passed to the base stations for transmission as a joint MINO transmission).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and utilize the above teachings for the purposes of higher dimension space-time-frequency processing for increased capacity and system performance.
As to claim 14, Stirling-Gallacher teaches a non-transitory computer-readable recording medium having recorded thereon a computer program that causes a user terminal to:
receive a first signal and a second signal from a first communication device and a second communication device, respectively, the first signal and the second signal each having same information, reception of the first signal being overlapped in a time domain or a frequency domain with reception of the second signal (figures 1-3, paragraphs 0041-0050, MIMO base station comprises RF envelope circuitry 130 “first communication device” and RF envelope circuitry 132 “second communication device”, each produce the same or different data stream patterns selected for reception at the same time from the same or different “overlap” directions), and
obtain the same information based on the reception (figures 1, 2, paragraphs 0046-0050, mobile device in MIMO operation with a base station or access point).
wherein the first communication device and the second communication device are disposed in separate locations (Fig. 1, MIMO operation where the RF circuitries are at separate locations).
Stirling-Gallacher does not teach wherein the transmission of the second signal is partially overlapped in the same domain with the transmission of the first signal without the transmission of the second signal being fully overlapped in the time domain with the transmission of the first signal.
Jin further teaches wherein the transmission of the second signal is partially overlapped in the same domain with the transmission of the first signal without the transmission of the second signal being fully overlapped in the time domain with the transmission of the first signal (paragraph 41, signals transmitted are partially overlapped in the time domain).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and utilize the above teachings for the purposes of simplify the retrieving of the receiving signal.
Stirling-Gallacher and Jin do not teach wherein the first communication device is included in the first base station and the second communication device is included in the second base station different from the first base station.
Shen further teaches wherein the first communication device is included in the first base station and the second communication device is included in the second base station different from the first base station (Fig. 4a, 4b and 5 and paragraph 49-57, two base stations are working together to perform MIMO operation).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify and utilize the above teachings for the purposes of higher dimension space-time-frequency processing for increased capacity and system performance.
Allowable Subject Matter
Claims 15-16 are 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.
Conclusion
THIS ACTION IS MADE FINAL. 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 JUSTIN YE LEE whose telephone number is (571)272-5258. The examiner can normally be reached 9:30-8:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kathy Wang-Hurst can be reached at 5712705371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JUSTIN Y LEE/Primary Examiner, Art Unit 2644 11/12/25