DETAILED ACTION
Response to Arguments
Applicant's arguments filed on February 19, 2026 have been fully considered but they are not persuasive.
Applicant’s Argument(s):
Regarding claims 1 and 25, the Applicant argues that Eliaz does not teach the newly added limitation of “wherein the degree of adaptation represents, for each of the one or more candidate constellation maps, how well that candidate constellation map is adapted to the one or more current operating conditions in view of at least one performance-related characteristic associated with that candidate constellation map.”
Examiner’s Response:
Regarding the argument set forth above, Examiner disagrees with the Applicant and submits that, given the claim its broadest reasonable interpretation, Eliaz teaches performing a first transmission to a receiver (Fig. 4, signal transmission(s) from transmitter to receiver); receiving, from the receiver, second information usable for deriving one or more candidate constellation maps (Fig. 4, one of more of information signals 442, 444, and 446 are used to derive the (adjusted/optimized) constellation map used by the transmitter to transmit signal(s) to the receiver, column 16, lines 3-41); determining a target constellation map based at least on the second information (i.e., the adjusted/optimized constellation map, column 16, lines 42-55); and performing a second transmission to the receiver based on the determined target constellation map (column 16, lines 34-35, column 17, lines 51-67, column 18, lines 1-25). Emphasis added.
It is noted that one way to overcome the current rejection is for independent claims 1 and 25 to be written in such a way that the first information to be given patentable weight.
As a result, the rejection is maintained. And, this Office Action is made FINAL.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 10, 25-31, 33, and 34 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Eliaz (US 8,675,769).
As to claim 1, Eliaz teaches a method performed by a transmitter, comprising: performing a first transmission to a receiver (Fig. 4, signal transmission(s) from transmitter to receiver); receiving, from the receiver, first information related to one or more candidate constellation maps adapted to one or more current operating conditions, or second information usable for deriving the one or more candidate constellation maps (Fig. 4, one of more of information signals 442, 444, and 446, column 16, lines 3-41); determining a target constellation map based at least on the first information or the second information (i.e., adjusted/optimized constellation map, column 16, lines 42-55); and performing a second transmission to the receiver based on the determined target constellation map, wherein the first information indicates, for each of the one or more candidate constellation maps, a degree of adaptation of the candidate constellation map to one or more current operating conditions, and wherein the degree of adaptation represents, for each of the one or more candidate constellation maps, how well that candidate constellation map is adapted to the one or more current operating conditions in view of at least one performance-related characteristic associated with that candidate constellation map (Fig. 4, mapper 410, Fig. 6, steps 604 and 610, column 16, lines 42-55, column 18, lines 40-47).
As to claim 2, Eliaz further teaches determining, as the target constellation map, one of the one or more candidate constellation maps (Fig. 4, adjusted constellation map 430, Fig. 6, steps 604 and 610, column 16, lines 42-55).
As to claim 3, Eliaz further teaches determining the target constellation map further based on third information that is available at the transmitter (Fig. 4, one or more of information signals 442, 444, and 446, column 16, lines 3-41).
As to claim 4, Eliaz further teaches determining the target constellation map, one of the one or more candidate constellation maps (Fig. 4, one or more of information signals 442, 444, and 446, column 16, lines 3-41).
As to claim 5, Eliaz further teaches informing the receiver of the target constellation map or fourth information usable for driving the target constellation map (Fig. 4, Rx-side Feedback 444, column 16, lines 67, column 17, lines 1-3).
As to claim 6, Eliaz further teaches the fourth information is determined based on the second information and third information that is available at the transmitter (It is noted, given the claim its broadest reasonable interpretation, the fourth information may be the same as second or third information and/or information signals 442, 444, and 446 each comprises of multiple information, column 16, lines 3-55).
As to claim 7, Eliaz further teaches the target constellation map or the fourth signal is informed by a signaling (Fig. 4, information signal 442, column 16, lines 15-23).
As to claim 8, Eliaz further teaches activating the receiver to participate in adaptation of constellation map (Fig. 4, transmitter, receiver, information signal 444, column 16, lines 65-67, column 17, lines 1-3).
As to claim 10, Eliaz further teaches detecting at least one imperfect operating condition experienced or to be experienced by the transmitter; and wherein the receiver is activated in response to the detecting of the at least one imperfect operating condition (i.e., SNR, SER, BER, data relating to noise levels, adjacent channel interferers, and so forth, Fig. 4, information signals 444 and 446, column 16, lines 23-41).
As to claim 25, Eliaz teaches a method performed by a receiver, comprising: receiving a first transmission from a transmitter (Fig. 4, signal transmission(s) from transmitter to receiver); determining first information related to one or more candidate constellation maps adapted to one or more current operating conditions, or second information usable for deriving the one or more candidate constellation maps, based on the received first transmission (Fig. 4, information signals 442, 444, and 446, column 16, lines 3-41); and transmitting the first information or the second information to the transmitter, wherein the first information indicates, for each of the one or more candidate constellation maps, a degree of adaptation of the candidate constellation map to one or more current operating conditions, and wherein the degree of adaptation represents, for each of the one or more candidate constellation maps, how well that candidate constellation map is adapted to the one or more current operating conditions in view of at least one performance-related characteristic associated with that candidate constellation map (Fig. 4, information signal 444, column 16, lines 65-67, column 17, lines 1-3).
As to claim 26, Eliaz further teaches the first information related to one candidate constellation map adapted to one or more current operating conditions is determined (Fig. 4, one or more of information signals 442, 444, and 446, column 16, lines 3-41); and wherein the method further comprises: receiving a second transmission from the transmitter based on the one candidate constellation map (Fig. 4, mapper 410, Fig. 6, steps 604 and 610, column 16, lines 42-55, column 18, lines 40-47).
As to claim 27, Eliaz further teaches determining a target constellation map based on the second information (Fig. 4, information signals 442, 444, and 446, column 16, lines 3-41); and receiving a second transmission from the transmitter based on the determined target constellation map (Fig. 4, mapper 410, Fig. 6, steps 604 and 610, column 16, lines 42-55, column 18, lines 40-47).
As to claim 28, Eliaz further teaches receiving, from the transmitter, third information indicating a target constellation map (column 16, lines 65-67, column 17, lines 1-3); and receiving a second transmission from the transmitter based on the indicated target constellation map (Fig. 4, mapper 410, Fig. 6, steps 604 and 610, column 16, lines 42-55, column 18, lines 40-47).
As to claim 29, Eliaz further teaches receiving, from the transmitter, fourth information usable for deriving a target constellation map (Fig. 4, Rx-side Feedback 444, column 16, lines 67, column 17, lines 1-3); determining a target constellation map based on the fourth information (Fig. 4, mapper 410, Rx-side Feedback 444, column 16, lines 3-41); and receiving a second transmission from the transmitter based on the determined target constellation map (Fig. 4, mapper 410, Fig. 6, steps 604 and 610, column 16, lines 42-55, column 18, lines 40-47).
As to claim 30, Eliaz further teaches the third or the fourth signal is received by a signaling (Fig. 4, information signal 442, column 16, lines 15-23).
As to claim 31, Eliaz further teaches receiving, from the transmitter, at least one signaling for activating the receiver to participate in adaptation of constellation map (Fig. 4, transmitter, receiver, information signal 444, column 16, lines 65-67, column 17, lines 1-3).
As to claim 33, Eliaz further teaches receiving, from the receiver, capability information of the receiver about supporting of adaptation of constellation map (Fig. 4, information signal 444, column 16, lines 23-41).
As to claim 34, Eliaz further teaches the one or more current operating conditions comprise: at least one imperfect operating condition experienced by the receiver and/or the transmitter (i.e., SNR, SER, BER, data relating to noise levels, adjacent channel interferers, and so forth, Fig. 4, information signal 444, column 16, lines 23-41).
Allowable Subject Matter
Claims 9 and 32 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
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 FRESHTEH N AGHDAM whose telephone number is (571)272-6037. The examiner can normally be reached Monday-Friday 10:30-7:00 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh M Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRESHTEH N AGHDAM/Primary Examiner, Art Unit 2632 3/11/2026