Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
The amendment filed 5/28/2026 has been entered.
Claims 21-23, 26-28, 30, 32-33, 35-37 and 39-40 are pending.
Claims 24-25, 29, 31, 34 and 38 are canceled.
Claims 21-23, 26-28, 30, 32-33, 35-37 and 39-40 stand rejected.
Double Patenting
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.
Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 8,693,442 in view of Liao et al. (Pub. No.: US 20110164697 A1) in view of Pan (Pub. No.: US 20080260059 A1), hereafter respectively referred to as Liao and Pan.
Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite A method of transmitting a data stream to a mobile terminal in a communications network including a plurality of transmitting sites, comprising: designating at least two of the plurality of transmitting sites as cooperating sites, each cooperating site being associated with at least two antenna ports; receiving, from the mobile terminal, a respective precoder report for each cooperating site; and at each cooperating site, transmitting the same data stream to the mobile terminal using a beam formed using the antenna ports associated with the cooperating site.
Claim 1 of U.S. Patent No. 8,693,442 fails to clearly recite each respective precoder report comprising a precoding indicator identifying a preferred precoder selected from a precoder codebook, wherein the respective precoding indicators for the cooperating sites are independent of each other, and wherein the precoder codebook for each cooperating site is the same as a precoder codebook for single-site transmission.
Liao teaches each respective precoder report comprising a precoding indicator (the feedback information may be the preferable precoding weighting vector(s) of the UE, its associated codebook(s) index, Para. 75, FIG. 9) identifying a preferred precoder (preferable precoding weighting vector(s) of the UE, Para. 75, FIG. 9) selected from a precoder codebook (its associated codebook(s) index, Para. 75, FIG. 9).
Liao teaches, wherein the respective precoding indicators for the cooperating sites are independent of each other (The preferable precoding weighting vector(s) may be obtained according to different criteria, Para. 75, FIG. 9. The unitary 2x2 PARC precoding matrix. The elements of each vector are relevant to the transmit antenna ports, i.e., with 2x2 PARC, two streams are transmitted from the two transmit antenna ports independently, Para. 78, FIG. 9).
Liao teaches wherein the precoder codebook for each cooperating site is the same as a precoder codebook for single-site transmission (In step S41, the UE 40 performs a selection. The UE 40 selects its best transmit antenna group and feedback data FB1, FB2. UEs will provide feedback to the base stations 20, 30, the feedback information may be the preferable precoding weighting vector(s) of the UE, its associated codebook(s) index, Para. 75, FIG. 9). [the examiner notes that a UE 40 provides respective feedback to each of base stations 20 and 30 in FIG. 9, and that there can be plural codebooks, indicating that a separate codebook(s) index is provided as feedback to each of base stations 20 and 30, and each of base stations 20 and 30 utilize a respective codebook based on a separate codebook(s) index provided in the respective feedback in FIG. 9].
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Liao with the limitations of claim 1 of U.S. Patent No. 8,693,442 since Liao provides a technique for utilizing feedback of precoding information to manage transmission from base stations, which can be introduced into the limitations of claim 1 of U.S. Patent No. 8,693,442 to permit cooperating sites to utilize precoding information to optimize transmissions to mobile terminals.
Although claim 1 of U.S. Patent No. 8,693,442 in view of Liao teaches each respective precoder report comprising a precoding indicator identifying a preferred precoder selected from a precoder codebook, Claim 1 of U.S. Patent No. 8,693,442 in view of Liao fails to clearly recite precoder report comprising a precoding matrix indicator identifying a precoder matrix selected from a precoder codebook.
Pan teaches precoder report comprising a precoding matrix indicator identifying a precoder matrix (A wireless transmit/receive unit WTRU transmits one or multiple precoding matrix indices (PMIs) to an eNodeB, Para. 19. Receiver 120 generates precoding information using the precoding information generator 124 for generating the precoding feedback signal that is then sent via antennas 127, Para. 36, FIG. 1B. FIG. 1B shows precoding information as suggested by WTRU. A WTRU or a receiver 211 transmits a PMI to an eNodeB or transmitter 213, denoted as PMI_j (having Y bits) 215, Para. 59, FIG. 2) selected from a precoder codebook (codebook (1) has two precoding matrices for rank 2, Para. 80, Table 7. Codebook (2) has sixteen precoding matrices for rank 2, 3 and 4, Para. 84, Table 10).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Pan with the limitations of claim 1 of U.S. Patent No. 8,693,442 in view of Liao since Pan provides a technique for utilizing PMI to indicate matrices in precoding codebooks and for beamforming in a system of base stations, which can be introduced into the limitations of claim 1 of U.S. Patent No. 8,693,442 in view of Liao to permit PMIs to be utilized with a system of base stations that each have an array of antennas involving matrices from codebooks and to improve wireless communications through beamforming by the base stations for transmissions to UE.
Claim 22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite at one or more of the cooperating sites, applying a phase adjustment to the transmission.
Claim 23 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite the phase adjustment is a frequency selective phase adjustment.
Claim 26 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite the orthogonal common pilot signal enables the mobile terminal to select a pre-coder for each cooperating site.
Claim 27 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite at each cooperating site, transmitting a superposition dedicated pilot.
Claim 28 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 9 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite the superposition dedicated pilot enables demodulation of the transmitted data stream at the mobile terminal.
Claim 30 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of U.S. Patent No. 8,693,442 in view of Liao et al. (Pub. No.: US 20110164697 A1) in view of Pan (Pub. No.: US 20080260059 A1), hereafter respectively referred to as Liao and Pan.
Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite A communications system comprising: a plurality of transmitting sites, at least two of the plurality of the transmitting sites designated as cooperating sites and configured to transmit the same data stream to a mobile terminal, each cooperating site being associated with at least two antenna ports: wherein the communications system is configured to: receive, from the mobile terminal, a respective precoder report for each cooperating site; and at each cooperating site, transmit the same data stream to the mobile terminal using a beam formed using the antenna ports associated with the cooperating site.
Claim 11 of U.S. Patent No. 8,693,442 fails to clearly recite each respective precoder report comprising a precoding indicator identifying a preferred precoder selected from a precoder codebook, wherein the respective precoding indicators for the cooperating sites are independent of each other, and wherein the precoder codebook for each cooperating site is the same as a precoder codebook for single-site transmission
Liao teaches each respective precoder report comprising a precoding indicator (the feedback information may be the preferable precoding weighting vector(s) of the UE, its associated codebook(s) index, Para. 75, FIG. 9) identifying a preferred precoder (preferable precoding weighting vector(s) of the UE, Para. 75, FIG. 9) selected from a precoder codebook (its associated codebook(s) index, Para. 75, FIG. 9).
Liao teaches, wherein the respective precoding indicators for the cooperating sites are independent of each other (The preferable precoding weighting vector(s) may be obtained according to different criteria, Para. 75, FIG. 9. The unitary 2x2 PARC precoding matrix. The elements of each vector are relevant to the transmit antenna ports, i.e., with 2x2 PARC, two streams are transmitted from the two transmit antenna ports independently, Para. 78, FIG. 9).
Liao teaches wherein the precoder codebook for each cooperating site is the same as a precoder codebook for single-site transmission (In step S41, the UE 40 performs a selection. The UE 40 selects its best transmit antenna group and feedback data FB1, FB2. UEs will provide feedback to the base stations 20, 30, the feedback information may be the preferable precoding weighting vector(s) of the UE, its associated codebook(s) index, Para. 75, FIG. 9). [the examiner notes that a UE 40 provides respective feedback to each of base stations 20 and 30 in FIG. 9, and that there can be plural codebooks, indicating that a separate codebook(s) index is provided as feedback to each of base stations 20 and 30, and each of base stations 20 and 30 utilize a respective codebook based on a separate codebook(s) index provided in the respective feedback in FIG. 9].
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Liao with the limitations of claim 11 of U.S. Patent No. 8,693,442 since Liao provides a technique for utilizing feedback of precoding information to manage transmission from base stations, which can be introduced into the limitations of claim 11 of U.S. Patent No. 8,693,442 to permit cooperating sites to utilize precoding information to optimize transmissions to mobile terminals.
Although claim 11 of U.S. Patent No. 8,693,442 in view of Liao teaches each respective precoder report comprising a precoding indicator identifying a preferred precoder selected from a precoder codebook, claim 11 of U.S. Patent No. 8,693,442 in view of Liao fails to clearly recite precoder report comprising a precoding matrix indicator identifying a precoder matrix selected from a precoder codebook.
Pan teaches precoder report comprising a precoding matrix indicator identifying a precoder matrix (A wireless transmit/receive unit WTRU transmits one or multiple precoding matrix indices (PMIs) to an eNodeB, Para. 19. Receiver 120 generates precoding information using the precoding information generator 124 for generating the precoding feedback signal that is then sent via antennas 127, Para. 36, FIG. 1B. FIG. 1B shows precoding information as suggested by WTRU. A WTRU or a receiver 211 transmits a PMI to an eNodeB or transmitter 213, denoted as PMI_j (having Y bits) 215, Para. 59, FIG. 2) selected from a precoder codebook (codebook (1) has two precoding matrices for rank 2, Para. 80, Table 7. Codebook (2) has sixteen precoding matrices for rank 2, 3 and 4, Para. 84, Table 10).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Pan with the limitations of claim 11 of U.S. Patent No. 8,693,442 in view of Liao since Pan provides a technique for utilizing PMI to indicate matrices in precoding codebooks and for beamforming in a system of base stations, which can be introduced into the limitations of claim 11 of U.S. Patent No. 8,693,442 in view of Liao to permit PMIs to be utilized with a system of base stations that each have an array of antennas involving matrices from codebooks and to improve wireless communications through beamforming by the base stations for transmissions to UE.
Claim 32 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite one or more of the cooperating sites is further configured to apply a phase adjustment to the transmission.
Claim 33 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite the phase adjustment is a frequency selective phase adjustment.
Claim 34 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of U.S. Patent No. 8,693,442 in view of Monogioudis. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite each cooperating site is further configured to transmit a common pilot signal, wherein the common pilot signal at each cooperating site is orthogonal to the common pilot signal of the other cooperating sites.
Claim 35 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 17 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite the orthogonal common pilot signal enables the mobile terminal to select a pre-coder for each cooperating site.
Claim 36 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite each cooperating site is further configured to transmit a superposition dedicated pilot.
Claim 37 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. 8,693,442 in view of Liao and Pan. Although the claims at issue are not identical, they are not patentably distinct from each other because both conflicting claims recite the superposition dedicated pilot enables demodulation of the transmitted data stream at the mobile terminal.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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.
Claims 21 and 30 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Liao et al. (Pub. No.: US 20110164697 A1) in view of Pan (Pub. No.: US 20080260059 A1), hereafter respectively referred to as Liao and Pan.
In regard to Claim 21, Liao teaches A method of transmitting a data stream (In MBSFN, macro-diversity inherently exists in cellular systems when the same stream containing data and/or control information is provided from the adjacent cells, Para. 5, FIG. 9) to a mobile terminal (UE 40, Para. 75, FIG. 9) in a communications network including a plurality of transmitting sites (base stations 20, 30, Para. 40, FIGS. 1, 9), comprising: designating at least two of the plurality of transmitting sites as cooperating sites (In step S12, the controller node 10 groups the transmit antennas in the MBSFN, Para. 65, FIG. 9. The controller node 10 then distributes the code texts, Para. 69, FIG. 9), cooperating site being associated with at least two antenna ports (base station 20 comprises transmit antennas #1 and #2 (i.e. 2 Tx), Para. 69, FIG. 9).
Liao teaches receiving, from the mobile terminal (UE 40, Para. 75, FIG. 9), a respective precoder report (In step S41, the UE 40 performs a selection. The UE 40 selects its best transmit antenna group and feedback data FB1, FB2, Para. 75, FIG. 9) for each cooperating site (provide feedback to the base stations 20, 30, Para. 75, FIG. 9), each respective precoder report comprising a precoding indicator (the feedback information may be the preferable precoding weighting vector(s) of the UE, its associated codebook(s) index, Para. 75, FIG. 9) identifying a preferred precoder (preferable precoding weighting vector(s) of the UE, Para. 75, FIG. 9) selected from a precoder codebook (its associated codebook(s) index, Para. 75, FIG. 9).
Liao teaches, wherein the respective precoding indicators for the cooperating sites are independent of each other (The preferable precoding weighting vector(s) may be obtained according to different criteria, Para. 75, FIG. 9. The unitary 2x2 PARC precoding matrix. The elements of each vector are relevant to the transmit antenna ports, i.e., with 2x2 PARC, two streams are transmitted from the two transmit antenna ports independently, Para. 78, FIG. 9).
Liao teaches wherein the precoder codebook for each cooperating site is the same as a precoder codebook for single-site transmission (In step S41, the UE 40 performs a selection. The UE 40 selects its best transmit antenna group and feedback data FB1, FB2. UEs will provide feedback to the base stations 20, 30, the feedback information may be the preferable precoding weighting vector(s) of the UE, its associated codebook(s) index, Para. 75, FIG. 9). [the examiner notes that a UE 40 provides respective feedback to each of base stations 20 and 30 in FIG. 9, and that there can be plural codebooks, indicating that a separate codebook(s) index is provided as feedback to each of base stations 20 and 30, and each of base stations 20 and 30 utilize a respective codebook based on a separate codebook(s) index provided in the respective feedback in FIG. 9].
Liao teaches at each cooperating site, transmitting the same data stream to the mobile terminal (In MBSFN, macro-diversity inherently exists in cellular systems when the same stream containing data and/or control information is provided from the adjacent cells, Para. 5, FIG. 9).
Liao teaches using the antenna ports associated with the cooperating site (A couple of first base stations 20 comprise two transmit antennas and a couple of second base stations 30 comprise one transmit antenna, Para. 40, FIGS. 1, 9. Base station 20 comprises transmit antennas #1 and #2 (i.e. 2 Tx) and base station 30 comprises an transmit antenna #3 of a different site (i.e. 1 Tx). In this example, two transmit antenna groups may be created: group #1 (transmit antenna #1 and #3) and group #2 (transmit antenna #2), Para. 69, FIG. 9).
Although Liao teaches cooperating site being associated with at least two antenna ports, Liao teach fails to teach each site being associated with at least two antenna ports, and although Liao teaches each respective precoder report comprising a precoding indicator identifying a preferred precoder selected from a precoder codebook, Liao teach fails to teach a precoder report comprising a precoding matrix indicator identifying a precoder matrix selected from a precoder codebook, and although Liao teaches at each cooperating site, transmitting the same data stream to the mobile terminal and teaches using the antenna ports associated with the cooperating site, Liao teach fails to teach transmitting the data stream to the mobile terminal using a beam formed using the antenna ports associated with the site.
Pan teaches each site (FIG. 11 shows a wireless communication system with multiple eNodeBs 1113, Para. 107, FIG. 11. FIG. 11 shows a WTRU 1111 communicating with three eNodeBs 1113) being associated with at least two antenna ports (a transmitter, (e.g., a base station), Para. 6. Transmitter 110 comprises an antenna array 118, Para. 35, FIG. 1B. An eNodeB or transmitter 213, Para. 59, FIG. 2).
Pan teaches precoder report comprising a precoding matrix indicator identifying a precoder matrix (A wireless transmit/receive unit WTRU transmits one or multiple precoding matrix indices (PMIs) to an eNodeB, Para. 19. Receiver 120 generates precoding information using the precoding information generator 124 for generating the precoding feedback signal that is then sent via antennas 127, Para. 36, FIG. 1B. FIG. 1B shows precoding information as suggested by WTRU. A WTRU or a receiver 211 transmits a PMI to an eNodeB or transmitter 213, denoted as PMI_j (having Y bits) 215, Para. 59, FIG. 2) selected from a precoder codebook (codebook (1) has two precoding matrices for rank 2, Para. 80, Table 7. Codebook (2) has sixteen precoding matrices for rank 2, 3 and 4, Para. 84, Table 10).
Pan teaches transmitting the data stream to the mobile terminal using a beam formed using the antenna ports associated with the site (receiver, (e.g., a wireless transmit/receive unit (WTRU)), Para. 6. The output of precoding information determiner 114 is used by precoding processor 116 and transmitter 110 when transmitting a data transmission, for example, an orthogonal frequency division multiplexing (OFDM) symbols, to a receiver 120, Para. 35, FIG. 1B. The PMI indicator may be used to indicate the beamforming matrix/matrices or vectors, Para. 62. Transmitting a precoding matrix index (PMI) that includes antenna weights and beamforming weights to an evolved Node-B (eNodeB), claim 12).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Pan with the teachings of Liao since Pan provides a technique for utilizing PMI to indicate matrices in precoding codebooks and for beamforming in a system of base stations, which can be introduced into the system of Liao to permit PMIs to be utilized with a system of base stations that each have an array of antennas involving matrices from codebooks and to improve wireless communications through beamforming by the base stations for transmissions to UE.
In regard to Claim 30, Liao teaches A communications system (In MBSFN, macro-diversity inherently exists in cellular systems when the same stream containing data and/or control information is provided from the adjacent cells, Para. 5, FIG. 9) comprising: a plurality of transmitting sites (base stations 20, 30, Para. 40, FIGS. 1, 9), at least two of the plurality of the transmitting sites designated as cooperating sites (In step S12, the controller node 10 groups the transmit antennas in the MBSFN, Para. 65, FIG. 9. The controller node 10 then distributes the code texts, Para. 69, FIG. 9) and configured to transmit the same data stream (In MBSFN, macro-diversity inherently exists in cellular systems when the same stream containing data and/or control information is provided from the adjacent cells, Para. 5, FIG. 9) to a mobile terminal (UE 40, Para. 75, FIG. 9), cooperating site being associated with at least two antenna ports (base station 20 comprises transmit antennas #1 and #2 (i.e. 2 Tx), Para. 69, FIG. 9).
Liao teaches wherein the communications system is configured to: receive, from the mobile terminal (UE 40, Para. 75, FIG. 9), a respective precoder report (In step S41, the UE 40 performs a selection. The UE 40 selects its best transmit antenna group and feedback data FB1, FB2, Para. 75, FIG. 9) for each cooperating site (provide feedback to the base stations 20, 30, Para. 75, FIG. 9), each respective precoder report comprising a precoding indicator (the feedback information may be the preferable precoding weighting vector(s) of the UE, its associated codebook(s) index, Para. 75, FIG. 9) identifying a preferred precoder (preferable precoding weighting vector(s) of the UE, Para. 75, FIG. 9) selected from a precoder codebook (its associated codebook(s) index, Para. 75, FIG. 9).
Liao teaches, wherein the respective precoding indicators for the cooperating sites are independent of each other (The preferable precoding weighting vector(s) may be obtained according to different criteria, Para. 75, FIG. 9. The unitary 2x2 PARC precoding matrix. The elements of each vector are relevant to the transmit antenna ports, i.e., with 2x2 PARC, two streams are transmitted from the two transmit antenna ports independently, Para. 78, FIG. 9).
Liao teaches wherein the precoder codebook for each cooperating site is the same as a precoder codebook for single-site transmission (In step S41, the UE 40 performs a selection. The UE 40 selects its best transmit antenna group and feedback data FB1, FB2. UEs will provide feedback to the base stations 20, 30, the feedback information may be the preferable precoding weighting vector(s) of the UE, its associated codebook(s) index, Para. 75, FIG. 9). [the examiner notes that a UE 40 provides respective feedback to each of base stations 20 and 30 in FIG. 9, and that there can be plural codebooks, indicating that a separate codebook(s) index is provided as feedback to each of base stations 20 and 30, and each of base stations 20 and 30 utilize a respective codebook based on a separate codebook(s) index provided in the respective feedback in FIG. 9].
Liao teaches at each cooperating site, transmit the same data stream to the mobile terminal (In MBSFN, macro-diversity inherently exists in cellular systems when the same stream containing data and/or control information is provided from the adjacent cells, Para. 5, FIG. 9).
Liao teaches using the antenna ports associated with the cooperating site (A couple of first base stations 20 comprise two transmit antennas and a couple of second base stations 30 comprise one transmit antenna, Para. 40, FIGS. 1, 9. Base station 20 comprises transmit antennas #1 and #2 (i.e. 2 Tx) and base station 30 comprises an transmit antenna #3 of a different site (i.e. 1 Tx). In this example, two transmit antenna groups may be created: group #1 (transmit antenna #1 and #3) and group #2 (transmit antenna #2), Para. 69, FIG. 9).
Although Liao teaches cooperating site being associated with at least two antenna ports, Liao teach fails to teach each site being associated with at least two antenna ports, and although Liao teaches precoder report comprising a precoding indicator identifying a preferred precoder selected from a precoder codebook, Liao teach fails to teach precoder report comprising a precoding matrix indicator identifying a precoder matrix selected from a precoder codebook, and although Liao teaches transmit the same data stream to the mobile terminal and teaches using the antenna ports associated with the cooperating site, Liao teach fails to teach transmit the data stream to the mobile terminal using a beam formed using the antenna ports associated with the site.
Pan teaches each site (FIG. 11 shows a wireless communication system with multiple eNodeBs 1113, Para. 107, FIG. 11. FIG. 11 shows a WTRU 1111 communicating with three eNodeBs 1113) being associated with at least two antenna ports (a transmitter, (e.g., a base station), Para. 6. Transmitter 110 comprises an antenna array 118, Para. 35, FIG. 1B. An eNodeB or transmitter 213, Para. 59, FIG. 2).
Pan teaches precoder report comprising a precoding matrix indicator identifying a precoder matrix (A wireless transmit/receive unit WTRU transmits one or multiple precoding matrix indices (PMIs) to an eNodeB, Para. 19. Receiver 120 generates precoding information using the precoding information generator 124 for generating the precoding feedback signal that is then sent via antennas 127, Para. 36, FIG. 1B. FIG. 1B shows precoding information as suggested by WTRU. A WTRU or a receiver 211 transmits a PMI to an eNodeB or transmitter 213, denoted as PMI_j (having Y bits) 215, Para. 59, FIG. 2) selected from a precoder codebook (codebook (1) has two precoding matrices for rank 2, Para. 80, Table 7. Codebook (2) has sixteen precoding matrices for rank 2, 3 and 4, Para. 84, Table 10).
Pan teaches transmit the data stream to the mobile terminal using a beam formed using the antenna ports associated with the site (receiver, (e.g., a wireless transmit/receive unit (WTRU)), Para. 6. The output of precoding information determiner 114 is used by precoding processor 116 and transmitter 110 when transmitting a data transmission, for example, an orthogonal frequency division multiplexing (OFDM) symbols, to a receiver 120, Para. 35, FIG. 1B. The PMI indicator may be used to indicate the beamforming matrix/matrices or vectors, Para. 62. Transmitting a precoding matrix index (PMI) that includes antenna weights and beamforming weights to an evolved Node-B (eNodeB), claim 12).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Pan with the teachings of Liao since Pan provides a technique for utilizing PMI to indicate matrices in precoding codebooks and for beamforming in a system of base stations, which can be introduced into the system of Liao to permit PMIs to be utilized with a system of base stations that each have an array of antennas involving matrices from codebooks and to improve wireless communications through beamforming by the base stations for transmissions to UE.
Claim 22-23 and 32-33 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Liao in view of Pan, and further in view of Fukuoka et al. (Pub. No.: US 20090103648 A1), hereafter referred to as Fukuoka.
In regard to Claim 22, as presented in the rejection of Claim 21, Liao in view of Pan teaches the cooperating sites.
Liao in view of Pan fails to teach at one or more of the cooperating sites, applying a phase adjustment to the transmission.
Fukuoka teaches at one or more of the cooperating sites, applying a phase adjustment to the transmission (base station BSA applies a phase rotation at a phase rotation angles (Φ1 and Φ2) to pilot symbols P1 and P2, and the same data symbols S1 and S1'. The phase rotation difference between pilot symbols P1 and P2 and the phase rotation difference between data symbols S1 and S1' are both ΦA=Φ2-Φ1, Para. 68, FIG. 5A).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Fukuoka with the teachings of Liao in view of Pan since Fukuoka provides a technique for phase rotation of signals in an arraignment involving a mobile station in the coverage of two base stations, which can be introduced into the system of Liao in view of Pan to permit a base station to alter signal transmissions toward a mobile with respect to signals of a neighboring base station for improving communications with the mobile station.
In regard to Claim 23, as presented in the rejection of Claim 21, Liao in view of Pan teaches the method.
Liao in view of Pan fails to teach the phase adjustment is a frequency selective phase adjustment.
Fukuoka teaches the phase adjustment is a frequency selective phase adjustment (in OFDM, cases occur where quality varies significantly per subcarrier due to frequency selective fading caused by multipath, Para. 4. a base station applies phase rotation such that phase rotation difference between a plurality of the same symbols generated by repetition, Para. 41. Base station BSA applies phase rotation to a plurality of the same symbols generated by repetition, Para. 44. A plurality of the same data symbols generated by repetition are mapped to neighboring subcarriers (frequency domain mapping), Para. 83).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Fukuoka with the teachings of Liao in view of Pan since Fukuoka provides a technique for phase rotation of signals in an arraignment involving a mobile station in the coverage of two base stations, which can be introduced into the system of Liao in view of Pan to permit a base station to alter signal transmissions toward a mobile with respect to signals of a neighboring base station for improving communications with the mobile station.
In regard to Claim 32, as presented in the rejection of Claim 30, Liao in view of Pan teaches the cooperating sites.
Liao in view of Pan fails to teach one or more of the cooperating sites is further configured to apply a phase adjustment to the transmission.
Fukuoka teaches one or more of the cooperating sites is further configured to apply a phase adjustment to the transmission (base station BSA applies a phase rotation at a phase rotation angles (Φ1 and Φ2) to pilot symbols P1 and P2, and the same data symbols S1 and S1'. The phase rotation difference between pilot symbols P1 and P2 and the phase rotation difference between data symbols S1 and S1' are both ΦA=Φ2-Φ1, Para. 68, FIG. 5A).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Fukuoka with the teachings of Liao in view of Pan since Fukuoka provides a technique for phase rotation of signals in an arraignment involving a mobile station in the coverage of two base stations, which can be introduced into the system of Liao in view of Pan to permit a base station to alter signal transmissions toward a mobile with respect to signals of a neighboring base station for improving communications with the mobile station.
In regard to Claim 33, as presented in the rejection of Claim 30, Liao in view of Pan teaches the communications system.
Liao in view of Pan fails to teach the phase adjustment is a frequency selective phase adjustment.
Fukuoka teaches the phase adjustment is a frequency selective phase adjustment (in OFDM, cases occur where quality varies significantly per subcarrier due to frequency selective fading caused by multipath, Para. 4. a base station applies phase rotation such that phase rotation difference between a plurality of the same symbols generated by repetition, Para. 41. Base station BSA applies phase rotation to a plurality of the same symbols generated by repetition, Para. 44. A plurality of the same data symbols generated by repetition are mapped to neighboring subcarriers (frequency domain mapping), Para. 83).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Fukuoka with the teachings of Liao in view of Pan since Fukuoka provides a technique for phase rotation of signals in an arraignment involving a mobile station in the coverage of two base stations, which can be introduced into the system of Liao in view of Pan to permit a base station to alter signal transmissions toward a mobile with respect to signals of a neighboring base station for improving communications with the mobile station.
Claims 26 and 35 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Liao in view of Pan, and further in view Attar et al. (Pub. No.: US 20070195908 A1), hereafter referred to as Attar.
In regard to Claim 26, as presented in the rejection of Claim 21, Liao in view of Pan teaches the mobile terminal.
Liao in view of Pan fails to teach the orthogonal common pilot signal enables the mobile terminal to select a pre-coder for each cooperating site.
Attar teaches the orthogonal common pilot signal enables the mobile terminal to select a pre-coder for each cooperating site (preferred beam pattern(s) for the forward link based on common spatial pilots, Para. 103. OFDM and SC-FDM partition the available bandwidth into multiple orthogonal subcarriers, Para. 104. The codebook design for multi-antenna operation, including SDMA and MIMO, different modes may be supported simultaneously. The codebook may be segmented into multiple sets, such as precoding transmission set, Para. 111).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Attar with the teachings of Liao in view of Pan since Attar provides a technique for managing wireless resources, which can be introduced into the system of Liao in view of Pan to ensure the appropriate resource processes are utilized for a terminal receiving signals from multiple base stations.
In regard to Claim 35, as presented in the rejection of Claim 30, Liao in view of Pan teaches the mobile terminal.
Liao in view of Pan fails to teach the orthogonal common pilot signal enables the mobile terminal to select a pre-coder for each cooperating site.
Attar teaches the orthogonal common pilot signal enables the mobile terminal to select a pre-coder for each cooperating site (preferred beam pattern(s) for the forward link based on common spatial pilots, Para. 103. OFDM and SC-FDM partition the available bandwidth into multiple orthogonal subcarriers, Para. 104. The codebook design for multi-antenna operation, including SDMA and MIMO, different modes may be supported simultaneously. The codebook may be segmented into multiple sets, such as precoding transmission set, Para. 111).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Attar with the teachings of Liao in view of Pan since Attar provides a technique for managing wireless resources, which can be introduced into the system of Liao in view of Pan to ensure the appropriate resource processes are utilized for a terminal receiving signals from multiple base stations.
Claims 27-28 and 36-37 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Liao in view of Pan, and further in view of Kiran et al. (Pub. No.: US 20070250638 A1), hereafter referred to as Kiran.
In regard to Claim 27, as presented in the rejection of Claim 21, Liao in view of Pan teaches a cooperating site.
Liao in view of Pan fails to teach at each cooperating site, transmitting a superposition dedicated pilot.
Kiran teaches at each cooperating site, transmitting a superposition dedicated pilot (The output of summer 520 is input to multiplexer 524 along with an 1xEV-DO pilot, a MAC and a preamble signal to produce the superposition coded packet, Para. 123, FIG. 9B).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Kiran with the teachings of Liao in view of Pan since Kiran provides a technique for superposition involving an 1xEV-DO pilot, which can be introduced into the system of Liao in view of Pan to permit efficient utilization of wireless resources by base stations.
In regard to Claim 28, as presented in the rejection of Claim 21, Liao in view of Pan teaches the mobile terminal.
Liao in view of Pan fails to teach the superposition dedicated pilot enables demodulation of the transmitted data stream at the mobile terminal.
Kiran teaches the superposition dedicated pilot enables demodulation of the transmitted data stream at the mobile terminal (The pilot channel is used to aid in the demodulation of the signal at the receiver end, Para. 127, FIG. 9B).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Kiran with the teachings of Liao in view of Pan since Kiran provides a technique for superposition involving an 1xEV-DO pilot, which can be introduced into the system of Liao in view of Pan to permit efficient utilization of wireless resources by base stations.
In regard to Claim 36, as presented in the rejection of Claim 30, Liao in view of Pan teaches a cooperating site.
Liao in view of Pan fails to teach each cooperating site is further configured to transmit a superposition dedicated pilot.
Kiran teaches each cooperating site is further configured to transmit a superposition dedicated pilot (The output of summer 520 is input to multiplexer 524 along with an 1xEV-DO pilot, a MAC and a preamble signal to produce the superposition coded packet, Para. 123, FIG. 9B).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Kiran with the teachings of Liao in view of Pan since Kiran provides a technique for superposition involving an 1xEV-DO pilot, which can be introduced into the system of Liao in view of Pan to permit efficient utilization of wireless resources by base stations.
In regard to Claim 37, as presented in the rejection of Claim 30, Liao in view of Pan teaches the mobile terminal.
Liao in view of Pan fails to teach the superposition dedicated pilot enables demodulation of the transmitted data stream at the mobile terminal.
Kiran teaches the superposition dedicated pilot enables demodulation of the transmitted data stream at the mobile terminal (The pilot channel is used to aid in the demodulation of the signal at the receiver end, Para. 127, FIG. 9B).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Kiran with the teachings of Liao in view of Pan since Kiran provides a technique for superposition involving an 1xEV-DO pilot, which can be introduced into the system of Liao in view of Pan to permit efficient utilization of wireless resources by base stations.
Claims 39-40 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Liao in view of Pan, and further in view of Baker et al. (Pub. No.: US 20100118782 A1), hereafter referred to as Baker.
In regard to Claim 39, as presented in the rejection of Claim 21, Liao in view of Pan teaches cooperating site.
Liao in view of Pan fails to teach each cooperating site transmits an orthogonal common pilot signal for precoder selection, wherein the orthogonal common pilot signal transmitted at each cooperating site is orthogonal to the orthogonal common pilot signal transmitted at each other cooperating site.
Baker teaches each cooperating site transmits an orthogonal common pilot signal for precoder selection, wherein the orthogonal common pilot signal transmitted at each cooperating site is orthogonal to the orthogonal common pilot signal transmitted at each other cooperating site (The feedback from each UE consists of a PMI (precoding matrix indicator) index selected from a codebook of vectors, Para. 15, FIG. 1. Each base station has a plurality of transmit antennas, (as an example let assume 4 transmit antennas). Orthogonal pilot signals are transmitted from each antenna. Frequency re-use is applied so that each cell uses a different frequency from its neighbours, Para. 38. The base stations are distinguished by different scrambling codes. Orthogonal pilot sequences are transmitted from each antenna, Para. 51).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Baker with the teachings of Liao in view of Pan since Baker provides a technique for utilizing orthogonal pilot signals in neighboring base stations where UE feedback PMI, which can be introduced into the system of Liao in view of Pan to permit UE to refine feedback to base stations by indicating specific precoding matrices by utilizing PMI that is based on processing orthogonal pilot signals from base stations.
In regard to Claim 40, as presented in the rejection of Claim 30, Liao in view of Pan teaches cooperating site.
Liao in view of Pan fails to teach each cooperating site is further configured to transmit an orthogonal common pilot signal for precoder selection, wherein the orthogonal common pilot signal transmitted at each cooperating site is orthogonal to the orthogonal common pilot signal transmitted at each other cooperating site.
Baker teaches each cooperating site is further configured to transmit an orthogonal common pilot signal for precoder selection, wherein the orthogonal common pilot signal transmitted at each cooperating site is orthogonal to the orthogonal common pilot signal transmitted at each other cooperating site (The feedback from each UE consists of a PMI (precoding matrix indicator) index selected from a codebook of vectors, Para. 15, FIG. 1. Each base station has a plurality of transmit antennas, (as an example let assume 4 transmit antennas). Orthogonal pilot signals are transmitted from each antenna. Frequency re-use is applied so that each cell uses a different frequency from its neighbours, Para. 38. The base stations are distinguished by different scrambling codes. Orthogonal pilot sequences are transmitted from each antenna, Para. 51).
It would have been obvious to one of ordinary skill in the art at the time of the invention to combine the teachings of Baker with the teachings of Liao in view of Pan since Baker provides a technique for utilizing orthogonal pilot signals in neighboring base stations where UE feedback PMI, which can be introduced into the system of Liao in view of Pan to permit UE to refine feedback to base stations by indicating specific precoding matrices by utilizing PMI that is based on processing orthogonal pilot signals from base stations.
Response to Arguments
I. Arguments for the Double Patenting Rejections
Applicant's arguments filed 5/28/2026 have been fully considered but they are not persuasive. Pages 7-8 of the Remarks present the argument that The Office has not established that the claims relied upon in the double patenting rejections disclose or render obvious these amended limitations. This argument is not persuasive. The amended claims are rejected under Double Patenting in view of Liao et al. (Pub. No.: US 20110164697 A1) and Pan (Pub. No.: US 20080260059 A1).
II. Arguments for the Claim Rejections under 35 USC § 102
Applicant’s arguments with respect to Claims 21 and 30 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
III. Arguments for the Claim Rejections under 35 USC § 103
Pages 7-8 of the Remarks present the argument that Dependent claims 22-23, 27-28, 32-33, and 36-37 depend from amended claims 21 and 30 and are allowable for at least the same reasons. This argument is not persuasive. Claims 21 and 30 are taught by the combination of Liao et al. (Pub. No.: US 20110164697 A1) and Pan (Pub. No.: US 20080260059 A1).
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 JOSHUA Y SMITH whose telephone number is (571)270-1826. The examiner can normally be reached Monday-Friday, 10:30am-7pm ET.
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Joshua Smith
/J.S./
7-22-2026
/CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477
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