DETAILED ACTION
This office action is a response to 5/11/2023.
Claims 1-20 are pending.
Claims 1-7, 11, 14-20 are rejected.
Claims 8-10 and 12-13 are objected to.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/11/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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)(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.
Claims 1-5 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sonoda et al. US 20160134015 A1, hereinafter Sonoda.
Regarding Claim 1, Sonoda discloses an information transmission method, comprising:
obtaining, by a communications device, channel quality of a plurality of antennas (Fig. 1, [0036-0038] discloses the signal processing circuit 30 including a measurement unit for measuring channel quality of a received signal of the antennas);
determining, by the communications device, an antenna working mode according to the channel quality (Fig. 1, [0039-0040] discloses the controller 31, depending on the measured value of channel quality, selecting a directivity pattern that is to be set for the antennas); and
performing, by the communications device, information transmission by using the antenna working mode, wherein the antenna working mode comprises a MIMO mode in which the plurality of antennas all work in a multiple-input multiple-output (MIMO) manner (see [0067-0077] relationship between a directivity pattern and a transmission mode, and analyzed data of the channel capacity with respect to the SINR for each of MIMO mode and BF mode), a faster-than-Nyquist (FTN) mode in which the plurality of antennas all work in a faster-than-Nyquist (FTN) manner, or a MIMO-FTN mode in which an FTN manner is used for a same intra-antenna port group in the plurality of antennas and a MIMO manner is used for different inter-antenna port groups, wherein each antenna port group comprises at least one antenna.
Regarding Claim 2, Sonoda discloses the method of claim 1 and further discloses wherein the determining, by the communications device, the antenna working mode according to the channel quality comprises at least one of the following:
in a case that the channel quality is less than or equal to a first threshold, determining, by the communications device, that the antenna working mode is the MIMO mode (see [0067-0077] relationship between a directivity pattern and a transmission mode, and analyzed data of the channel capacity with respect to the SINR for each of MIMO mode and BF mode; [0042-0046] discloses the measured value of the channel quality compared to a threshold value when selecting a directivity pattern suitable for transmission in the transmission mode);
in a case that the channel quality is greater than or equal to a second threshold, determining, by the communications device, that the antenna working mode is the FTN mode; or
in a case that the channel quality is greater than the first threshold and less than the second threshold, determining, by the communications device, that the antenna working mode is the MIMO-FTN mode.
Regarding Claim 3, Sonoda discloses the method of claim 1 and further discloses wherein after the determining, by the communications device, the antenna working mode according to the channel quality, the method further comprises:
switching, by the communications device, the antenna working mode according to updated channel quality; and
performing, by the communications device, information transmission by using a switched antenna working mode (see [0067-0077] relationship between a directivity pattern and a transmission mode, and analyzed data of the channel capacity with respect to the SINR for each of MIMO mode and BF mode; [0042-0046] discloses the measured value of the channel quality compared to a threshold value when selecting a directivity pattern suitable for transmission in the transmission mode).
Regarding Claim 4, Sonoda discloses the method of claim 2 and further discloses wherein the channel quality is determined according to the first channel quality parameter, and the first channel quality parameter comprises at least one of a signal-to-noise ratio (SNR), a signal to interference plus noise ratio (SINR), reference signal received power (RSRP), or reference signal received quality (RSRQ) (see at least Figs. 2-3: SINR; [0037]).
Regarding Claim 5, Sonoda discloses the method of claim 1 and further discloses wherein when the communications device is a terminal, the obtaining, by a communications device, channel quality of a plurality of antennas comprises:
receiving, by the communications device, a downlink reference signal by using the plurality of antennas; and
measuring, by the communications device, the downlink reference signal to obtain the channel quality;
or,
wherein when the communications device is a terminal and a communications peer end is a terminal, the obtaining, by a communications device, channel quality of a plurality of antennas comprises:
sending, by the communications device, a sidelink reference signal by using the plurality of antennas; and
receiving, by the communications device, channel quality fed back by the communications peer end, wherein the channel quality is obtained by the communications peer end by means of measurement according to the sidelink reference signal;
or,
wherein when the communications device is a network side device, the obtaining, by a communications device, channel quality of a plurality of antennas comprises:
sending, by the communications device, a downlink reference signal by using the plurality of antennas; and
receiving, by the communications device, channel state information (CSI) fed back by a terminal, to obtain the channel quality, wherein the CSI is obtained by the terminal by means of measurement according to the downlink reference signal;
or,
wherein when the communications device is a network side device, the obtaining, by a communications device, channel quality of a plurality of antennas comprises:
receiving, by the communications device, an uplink reference signal by using the plurality of antennas; and
measuring, by the communications device, the uplink reference signal to obtain the channel quality (see at least [0007] a method has been adopted such that a radio wave environment where a terminal is located is measured based on a reference signal that is transmitted from a base station, and a proper transmission mode is selected).
Claim 19 is rejected on the same grounds set forth in the rejection of claim 1. Claim 19 recites similar features as in claim 1 for an apparatus (see at least Fig. 1: radio communication device 100).
Claim 20 is rejected on the same grounds set forth in the rejection of claim 1. Claim 20 recites similar features as in claim 1 for a non-transitory readable storage medium (see at least Fig. 1: radio communication device 100).
Double Patenting
Claims 1-7, 11, 14-20 of this application is patentably indistinct from claims 1-11 and 13-20 of Application No. 18/197,200. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7, 11, 14-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 and 13-20 of Application No. 18/197,200 (copending application). Although the claims at issue are not identical, they are not patentably distinct from each other because both the application and the copending application are direct to the subject matter of an information transmission method involving a plurality of antenna channels where the claims are not patentably distinct from each other.
For claim 1, copending application claims an information transmission method, performed by a communications device, comprising: obtaining channel quality of a plurality of antenna channels; determining an antenna operation mode based on the channel quality; and transmitting information in the antenna operation mode, wherein the antenna operation mode comprises: a multiple-input multiple-output MIMO mode in which all the plurality of antenna channels operate in a MIMO manner, a Faster-than-Nyquist FTN mode in which all the plurality of antenna channels operate in an FTN manner, or a MIMO-FTN mode in which the same antenna port group in the plurality of antenna channels operates in a MIMO precoding manner and different antenna port groups operate in an FTN manner, wherein each antenna port group comprises at least one antenna channel (see claim 1).
For claim 2, copending application claims herein the determining an antenna operation mode based on the channel quality comprises at least one of the following: in a case that the channel quality is less than or equal to a first threshold, determining that the antenna operation mode is the MIMO mode; in a case that the channel quality is greater than or equal to a second threshold, determining that the antenna operation mode is the FTN mode; or in a case that the channel quality is greater than the first threshold and less than the second threshold, determining that the antenna operation mode is the MIMO-FTN mode (see claim 2).
For claim 3, copending application claims wherein after the determining an antenna operation mode based on the channel quality, the method further comprises: switching the antenna operation mode based on updated channel quality; and performing transmission in a switched-to antenna operation mode (see claim 3).
For claim 4, copending application claims the channel quality is determined based on a first channel quality parameter, and the first channel quality parameter comprises at least one of a signal-to-noise ratio SNR, a signal to interference plus noise ratio SINR, a reference signal received power RSRP, or reference signal received quality RSRQ (see claim 4).
For claims 5-8, copending application claims wherein in a case that the communications device is a terminal, the obtaining channel quality of a plurality of antenna channels comprises: receiving a downlink reference signal through the plurality of antenna channels; and measuring the downlink reference signal to obtain the channel quality; wherein in a case that the communications device is a terminal and a communications peer is a terminal, the obtaining channel quality of a plurality of antenna channels comprises: transmitting a sidelink reference signal through the plurality of antenna channels; and receiving channel quality fed back by the communications peer, wherein the channel quality is obtained by the communications peer through measurement based on the sidelink reference signal; wherein in a case that the communications device is a network side device, the obtaining channel quality of a plurality of antenna channels comprises: transmitting a downlink reference signal through the plurality of antenna channels; and receiving channel state information CSI fed back by a terminal to obtain the channel quality, wherein the CSI is obtained by the terminal through measurement based on the downlink reference signal; wherein in a case that the communications device is a network side device, the obtaining channel quality of a plurality of antenna channels comprises: receiving an uplink reference signal through the plurality of antenna channels; and measuring the uplink reference signal to obtain the channel quality (see claim 5).
For claim 9, copending application claims wherein in a case that the antenna operation mode is the MIMO-FTN mode, the method further comprises: determining the number of overlapping layers in a case that the FTN mode is used for operation between antenna port groups; and determining a precoding matrix indicator PMI in a case that the MIMO mode is used for operation within an antenna port group, wherein the transmitting information in the antenna operation mode comprises: performing transmission based on the PMI and the number of overlapping layers (see claim 6).
For claim 10-11, copending application claims wherein the determining the number of overlapping layers in a case that the FTN mode is used for operation between antenna port groups comprises: determining the number of overlapping layers based on the channel quality; or wherein the determining a precoding matrix indicator PMI in a case that the MIMO mode is used for operation within an antenna port group comprises: obtaining channel measurement information of the antenna port group; and determining the precoding matrix indicator PMI of the antenna port group based on the channel measurement information of the antenna port group; wherein the channel quality is determined based on a second channel quality parameter, and the second channel quality parameter comprises at least one of the following: an SINR, an RSRP, a multipath quantity, a relative speed, a Doppler frequency shift, a residual frequency offset after frequency offset correction, or a bit error rate (see claim 7).
For claim 17, copending application claims wherein the antenna port group is obtained by grouping antenna channels; and the grouping antenna channels comprises: determining the number of antenna port groups and a grouping rule based on the number of overlapping layers; and grouping antenna channels based on the number of antenna port groups and the grouping rule (see claim 11).
For claim 13, copending application claims wherein in a case that the antenna operation mode is the FTN mode, the method further comprises: determining the number of overlapping layers based on the channel quality, wherein the transmitting information in the antenna operation mode comprises: superposing antenna information based on the number of overlapping layers to obtain FTN information; and transmitting the FTN information (see claim 14).
For claim 14, copending application claims wherein the method further comprises: re-determining the number of overlapping layers in a case that a transmission condition is not met, wherein the transmission condition comprises: a bit error rate fed back by a communications peer is not less than a first preset threshold; or the number of received NACK messages transmitted by a communications peer reaches a second preset threshold; or the number of continuously received NACK messages transmitted by a communications 50peer reaches a third preset threshold; or an SNR or an RSRP of a received signal is less than a fourth preset threshold (see claim 15).
For claim 15, copending application claims wherein the method further comprises: in a case that the antenna operation mode is the FTN mode, adjusting a transmission parameter of FTN information based on antenna measurement information, wherein the antenna measurement information is obtained by measuring an antenna port; or in a case that the antenna operation mode is the MIMO-FTN mode, adjusting a transmission parameter of MIMO-FTN information based on channel measurement information (see claim 16).
For claim 16, copending application claims wherein the method further comprises: after the number of overlapping layers is re-determined, indicating the re-determined number of overlapping layers to the communications peer by using first indication information; or after the transmission parameter is adjusted, indicating an adjusted transmission parameter to the communications peer by using second indication information (see claim 17).
For claim 18, copending application claims wherein in a case that the communications device is a network side device, the method further comprises: receiving terminal capability information transmitted by a terminal, wherein the terminal capability information comprises information indicating whether the terminal supports an FTN decoding algorithm, and the FTN decoding algorithm comprises an uplink FTN decoding algorithm and/or a downlink FTN decoding algorithm (see claim 18).
For claim 19, copending application claims a communications device, comprising: a processor; and a memory, storing a program or instruction that is capable of running on the processer , wherein the program or instruction, when executed by the processor, causes the communication 51device to: obtaining channel quality of the plurality of antenna channels; determining the antenna operation mode based on the channel quality; and transmitting information in the antenna operation mode (see claim 19).
For claim 20, copending application claims a non-transitory readable storage medium, storing a program or instruction, wherein the program or the instruction, when executed by a processor, cause the processor to: obtaining channel quality of the plurality of antenna channels; determining the antenna operation mode based on the channel quality; and transmitting information in the antenna operation mode (see claim 20).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 8-10 and 12-13 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hwang et al. US 20090034639 A1
Lou et al. US 20110124290 A1
Gattami US 20180076861 A1
Raghavan et al. US 20210351816 A1
Baek et al. US 20190013972 A1
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/Y.K./Examiner, Art Unit 2465
/GARY MUI/Supervisory Patent Examiner, Art Unit 2465