Response to Amendment
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 .
Status of Claims
In the response of 1/9/2026, Applicant amended claims 1-2, 7, 11-12, 14 and 21. Therefore claims 1-2, 4-12, 14,16-17 and 19-21 are pending.
Response to Arguments
Applicant's arguments filed 4/14/2025 have been fully considered but they are not persuasive.
Applicant argues that the cited art does not disclose “wherein the calibration function comprises common code information for decoding the directly received data signal, the said common code information for decoding the received data signal being implicitly derived from the calibration signal.” Specifically, Applicant argues that Baek requires a scenario involving either a trusted or an untrusted relay and therefore does not disclose a process involving directly received signals. (Remarks, Pages 8-12)
Examiner responds that Baek , ¶0013, plainly teaches “in a wireless channel between terminals that perform wireless communication, the distribution of encryption keys from a center is not required because the terminals directly extract encryption key streams. Accordingly, encryption communication can be easily utilized in ad-hoc or peer-to-peer communication” (Emphasis Added)
Moreover, Baek at ¶0116 and ¶0118 also teaches that the data transmission apparatus transmits a pilot signal to the data reception apparatus and the data reception apparatus extracts an encryption key based on the pilot signal received from the transmission apparatus.
Thus, Baek is clearly not limited to scenarios involving the use of either a trusted or an untrusted relay but also teaches a peer to peer key extraction. Baek, thus, discloses “wherein the calibration function comprises common code information for decoding the directly received data signal, the said common code information for decoding the received data signal being implicitly derived from the calibration signal.” (Baek, ¶0013; in a wireless channel between terminals that perform wireless communication, the distribution of encryption keys from a center is not required because the terminals directly extract encryption key streams. Accordingly, encryption communication can be easily utilized in ad-hoc or peer-to-peer communication; ¶¶0019-0020; ... The method may further include, ... estimating, by the data reception apparatus, the state of the wireless channel .... based on the pilot signal received from the data transmission apparatus, and extracting an encryption key stream from the estimated results; restoring data using the encrypted plain text data, ... and the encryption key stream extracted from the estimated results of the state of the wireless channel ...and restoring the plain text data by performing an error correction decoding process on the restored data. ¶0117; The data reception apparatus 200 estimates the state of a wireless channel ...based on the pilot signal received from the data transmission apparatus 100, and extracts an encryption key stream from the results of the estimation.))
Consequently, contrary to Applicant’s arguments, the cited art discloses “wherein the calibration function comprises common code information for decoding the directly received data signal, the said common code information for decoding the received data signal being implicitly derived from the calibration signal,” within the broadest reasonable interpretation.
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).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-6, 11-12, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dent (CN 102257737 A)(hereinafter Dent) in view of Baek et al. (US Pub. 2015/0146872 A1)(hereinafter Baek).
Regarding claim 1, Dent discloses an apparatus for receiving communication signals, (Dent, Fig. 1 and 7 and Abstract and ¶0026; Receiver 200)
from a communication node, (Dent, Fig. 1 and 7 and Abstract and ¶0026; Transmitter 100)
the apparatus comprising: a receiver (Dent, Fig. 1 and 7 and Abstract and ¶0026; Receiver 200)
to directly receive calibration and data signals (Dent, Fig. 1 and Abstract; a receiver (200) receiving the transmitted pilot and information signals;)
transmitted by the communication node by way of a communication channel directly between the receiver and the communication node, (Dent, Fig. 1 and Abstract; propagation channel (20) for transmission; ¶0026; the transmitter 100 according to the method 2 of FIG. 160 sends pilot and information signal to the receiver 200 via a propagation channel 20)
the calibration and data signals transmitted by the communication node having been encoded based on a common code; (Dent, Fig. 1 and 15-17 and ¶0003; a transmitter transmits different orthogonal spreading code assigned to the pilot sequence and the information signal; ¶0005; CDMA network may use the same orthogonal spreading code to transmit the pilot sequence and the information signal; ¶0119; one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
and processing circuitry communicatively coupled to the receiver, (Dent, Fig. 7 and ¶0043; FIG. 7 illustrates an exemplary receiver 200, wherein comprising... channel estimator 250, and aa signal processor 260)
the processing circuitry to: process the received calibration signal to determine a calibration function (Dent, Fig. 7 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation; ¶0043; the channel estimator 250 based on the correlation output of the pilot estimator 240 estimates each OFDM subcarrier frequency channels... so as to obtain a frequency of the phase and amplitude of the channel at each one side carrier frequency response.)
such that the calibration function (Dent, Fig. 7 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation; ¶0043; ...the pilot estimator 240 estimates each OFDM subcarrier frequency channels... so as to obtain a frequency of the phase and amplitude of the channel at each one side carrier frequency response.)
depends on the common code by way of the dependency of the received calibration signal on the common code; (Dent, Fig. 1 and 15-17 and ¶0005; CDMA network may use the same orthogonal spreading code to transmit the pilot sequence and the information signal; ¶0119; one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.[Note: In order to reconstitute the known pilot signals for correlation the spread signal is de-spread by a copy if the spread code1 ])
and process the directly received data signal in dependence on the calibration function, (Dent, Fig. 1 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal; ¶0043; signal processor 260 uses the channel estimate to process the filtered signal in order to eliminate pilot sequence from a desired information signal, and to decode the user data; ¶0119; the receiver 200 can reconstruct the known pilot sequence by determining a propagation channel characteristic influence, and sending it from the received signal is subtracted so as to provide no interference of pilot sequence user data for decoding. Therefore, one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
Dent does not disclose wherein the calibration function comprises common code information for decoding the directly received data signal, the said common code information for decoding the received data signal being implicitly derived from the calibration signal. Baek, which is pertinent to issue of reliability over changing communication channel conditions, however discloses the limitations. (Baek, ¶0013; in a wireless channel between terminals that perform wireless communication, the distribution of encryption keys from a center is not required because the terminals directly extract encryption key streams. Accordingly, encryption communication can be easily utilized in ad-hoc or peer-to-peer communication; ¶¶0019-0020;
The method may further include, ...
estimating, by the data reception apparatus, the state of the wireless channel .... based on the pilot signal received from the data transmission apparatus,
and extracting an encryption key stream from the estimated results;
restoring data using the encrypted plain text data, ... and the encryption key stream extracted from the estimated results of the state of the wireless channel ...
and restoring the plain text data by performing an error correction decoding process on the restored data. ¶0117; The data reception apparatus 200 estimates the state of a wireless channel ...based on the pilot signal received from the data transmission apparatus 100, and extracts an encryption key stream from the results of the estimation.)) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known added functionality of the calibration function comprises common code information for decoding the received data signal, as taught by Baek, in order to provide a system with absolute security against the encryption computational complexity power of eavesdroppers to wireless channel communication with sensitive data. (Baek, ¶¶0005-0006)
Regarding claim 2, which depends from claim 1, Dent discloses wherein the processing circuitry is to process the directly received data signal in dependence on the calibration function to thereby decode the directly received data signal and compensate for effects of the communication channel directly between the receiver and the communication node thereon. (Dent, Fig. 1 and Abstract; receiver uses the channel estimate to process the received signal in order to eliminate pilot sequence from the information signal. through using the same multiplexing radio resources to transmit the pilot frequency sequence and user information signal, ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal; ¶0043; signal processor 260 uses the channel estimate to process the filtered signal in order to eliminate pilot sequence from a desired information signal, and to decode the user data,)
Regarding claim 4, which depends from claim 1, Dent discloses wherein the common code comprises or consists of a spread spectrum code. (Dent, Fig. 15 and ¶0118; The invention can also be applied to the CDMA system. FIG. 15 shows a set of mutually orthogonal Walsh-Hadamard spreading code, ... the top of first code called Walsh zero code; English Language Translation; ¶0119; FIG. 16 shows emitter 100 of an exemplary CDMA base band processor 120, and FIG. 17 illustrates a CDMA processor, corresponding to the signal 120. multiplier 132 PRN 32 bits from the 31 bit Walsh code set of Walsh zero code Czera with repeated, so can used as the spread code...)
Regarding claim 5, which depends from claim 4, Dent discloses wherein the spread spectrum code comprises any of: a chirp function; a linear chirp function; a non-linear chirp function; a direct sequence spread spectrum function; and a frequency hopping spread spectrum sequence. (Dent, Fig. 15-17 and ¶0118; The invention can also be applied to the CDMA system. FIG. 15 shows a set of mutually orthogonal Walsh-Hadamard spreading code, ... the top of first code called Walsh zero code; English Language Translation; ¶0119; FIG. 16 shows emitter 100 of an exemplary CDMA base band processor 120, and FIG. 17 illustrates a CDMA processor, corresponding to the signal 120. multiplier 132 PRN 32 bits from the 31 bit Walsh code set of Walsh zero code Czera with repeated, so can used as the spread code...)
Regarding claim 6, which depends from claim 1, Dent discloses wherein the processing circuitry is to process the received calibration signal to determine the calibration function (Dent, Fig. 15-17 and ¶0119;... the receiver 200 can reconstruct the known pilot sequence by determining a propagation channel characteristic influence)
without removing the dependency of the received calibration signal on the common code. (Dent, ¶0119; Therefore, through selecting the pilot symbol pattern are all 0 (or 1), so that the pilot sequence P equal to the original spreading code;... the receiver 200 can reconstruct the known pilot sequence by determining a propagation channel characteristic influence)
Regarding claim 11, Dent discloses a method of receiving communication signals, (Dent, Fig. 1 and Abstract and ¶0027; Receiver 200)
from a communication node, (Dent, Fig. 1 and 7 and Abstract and ¶0026; Transmitter 100)
the method comprising: directly receiving by a receiver calibration and data signals transmitted by the communication node by way of a communication channel directly between the receiver and the communication node, (Dent, Fig. 1 and Abstract; propagation channel (20) for transmission; ¶0026; the transmitter 100 according to the method 2 of FIG. 160 sends pilot and information signal to the receiver 200 via a propagation channel 20; ¶0027; receiver 200 the received signal with the known pilot sequence is to determine the correlation value (frame 27). Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response ... the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal)
the calibration and data signals transmitted by the communication node having been encoded based on a common code; (Dent, Fig. 1 and 15-17 and ¶0005; CDMA network may use the same orthogonal spreading code to transmit the pilot sequence and the information signal; ¶0025; The invention is applicable to any wireless communication system using OFDM resources, such as CDMA system.; English Language Translation. ¶0118; The invention can also be applied to the CDMA system. FIG. 15 shows a set of mutually orthogonal Walsh-Hadamard spreading code, ... the top of first code called Walsh zero code; ¶0119; one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
determining a calibration function based on the received calibration signal such that the calibration function depends on the common code by the dependency of the received calibration function on the common code; and processing the directly received data signal in dependence on the calibration function, (Dent, Fig. 1 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response... the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal; ¶0043; signal processor 260 uses the channel estimate to process the filtered signal in order to eliminate pilot sequence from a desired information signal, and to decode the user data; ¶0119; the receiver 200 can reconstruct the known pilot sequence by determining a propagation channel characteristic influence, and sending it from the received signal is subtracted so as to provide no interference of pilot sequence user data for decoding. Therefore, one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
Dent does not disclose wherein the calibration function comprises common code information for decoding the directly received data signal, and therefore does not disclose wherein the calibration function implicitly comprises common code information for decoding the directly received data signal, the said common code information for decoding the received data signal being implicitly derived from the calibration signal. Baek, which is pertinent to issue of reliability over changing communication channel conditions, however discloses the limitations. (Baek, ¶0013; in a wireless channel between terminals that perform wireless communication, the distribution of encryption keys from a center is not required because the terminals directly extract encryption key streams. Accordingly, encryption communication can be easily utilized in ad-hoc or peer-to-peer communication; ¶¶0019-0020; ...
The method may further include, ...
estimating, by the data reception apparatus, the state of the wireless channel .... based on the pilot signal received from the data transmission apparatus,
and extracting an encryption key stream from the estimated results;
restoring data using the encrypted plain text data, ... and the encryption key stream extracted from the estimated results of the state of the wireless channel ...
and restoring the plain text data by performing an error correction decoding process on the restored data. ¶0117; The data reception apparatus 200 estimates the state of a wireless channel ...based on the pilot signal received from the data transmission apparatus 100, and extracts an encryption key stream from the results of the estimation.))
Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known added functionality of the calibration function comprises common code information for decoding the directly received data signal, as taught by Baek, in order to provide a system with absolute security against the encryption computational complexity power of eavesdroppers to wireless channel communication with sensitive data. (Baek, ¶¶0005-0006)
Regarding claim 12, Dent discloses wherein processing the received data signal in dependence on the calibration function comprises processing the directly received data signal in dependence on the calibration function to thereby decode the directly received data signal and compensate for effects of the communication channel directly between the receiver and the communication node thereon. (Dent, Fig. 1 and Abstract; receiver uses the channel estimate to process the received signal in order to eliminate pilot sequence from the information signal. through using the same multiplexing radio resources to transmit the pilot frequency sequence and user information signal, ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response... the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal; ¶0043; signal processor 260 uses the channel estimate to process the filtered signal in order to eliminate pilot sequence from a desired information signal, and to decode the user data,)
Regarding claim 20, Dent discloses a non-transitory computer readable medium comprising executable instructions (Dent, Fig. 1 and ¶0043; other signal processing functions can be read from a memory 230; ¶0044; software operating system generally corresponding command operation)
for causing processing circuitry to perform in accordance with the processing circuitry of the apparatus according to claim 1:
Regarding claim 1, Dent discloses an apparatus for receiving communication signals, (Dent, Fig. 1 and 7 and Abstract and ¶0026; Receiver 200)
from a communication node, (Dent, Fig. 1 and 7 and Abstract and ¶0026; Transmitter 100)
the apparatus comprising: a receiver (Dent, Fig. 1 and 7 and Abstract and ¶0026; Receiver 200)
to directly receive calibration and data signals (Dent, Fig. 1 and Abstract; a receiver (200) receiving the transmitted pilot and information signals;)
transmitted by the communication node by way of a communication channel directly between the receiver and the communication node, (Dent, Fig. 1 and Abstract; propagation channel (20) for transmission; ¶0026; the transmitter 100 according to the method 2 of FIG. 160 sends pilot and information signal to the receiver 200 via a propagation channel 20)
the calibration and data signals transmitted by the communication node having been encoded based on a common code; (Dent, Fig. 1 and 15-17 and ¶0003; a transmitter transmits different orthogonal spreading code assigned to the pilot sequence and the information signal; ¶0005; CDMA network may use the same orthogonal spreading code to transmit the pilot sequence and the information signal; ¶0119; one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
and processing circuitry communicatively coupled to the receiver, (Dent, Fig. 7 and ¶0043; FIG. 7 illustrates an exemplary receiver 200, wherein comprising... channel estimator 250, and aa signal processor 260)
the processing circuitry to: process the received calibration signal to determine a calibration function (Dent, Fig. 7 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation; ¶0043; the channel estimator 250 based on the correlation output of the pilot estimator 240 estimates each OFDM subcarrier frequency channels... so as to obtain a frequency of the phase and amplitude of the channel at each one side carrier frequency response.)
such that the calibration function (Dent, Fig. 7 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation; ¶0043; ...the pilot estimator 240 estimates each OFDM subcarrier frequency channels... so as to obtain a frequency of the phase and amplitude of the channel at each one side carrier frequency response.)
depends on the common code by way of the dependency of the received calibration signal on the common code; (Dent, Fig. 1 and 15-17 and ¶0005; CDMA network may use the same orthogonal spreading code to transmit the pilot sequence and the information signal; ¶0119; one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.[Note: In order to reconstitute the known pilot signals for correlation the spread signal is de-spread by a copy if the spread code2 ])
and process the directly received data signal in dependence on the calibration function, (Dent, Fig. 1 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal; ¶0043; signal processor 260 uses the channel estimate to process the filtered signal in order to eliminate pilot sequence from a desired information signal, and to decode the user data; ¶0119; the receiver 200 can reconstruct the known pilot sequence by determining a propagation channel characteristic influence, and sending it from the received signal is subtracted so as to provide no interference of pilot sequence user data for decoding. Therefore, one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
Dent does not disclose wherein the calibration function comprises common code information for decoding the directly received data signal, and therefore does not disclose wherein the calibration function implicitly comprises common code information for decoding the received data signal, the said common code information for decoding the received data signal being implicitly derived from the calibration signal. Baek, which is pertinent to issue of reliability over changing communication channel conditions, however discloses the limitations. (Baek, ¶0013; in a wireless channel between terminals that perform wireless communication, the distribution of encryption keys from a center is not required because the terminals directly extract encryption key streams. Accordingly, encryption communication can be easily utilized in ad-hoc or peer-to-peer communication; ¶¶0019-0020;
The method may further include, ...
estimating, by the data reception apparatus, the state of the wireless channel .... based on the pilot signal received from the data transmission apparatus,
and extracting an encryption key stream from the estimated results;
restoring data using the encrypted plain text data, ... and the encryption key stream extracted from the estimated results of the state of the wireless channel ...
and restoring the plain text data by performing an error correction decoding process on the restored data. ¶0117; The data reception apparatus 200 estimates the state of a wireless channel ...based on the pilot signal received from the data transmission apparatus 100, and extracts an encryption key stream from the results of the estimation.)) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known added functionality of the calibration function comprises common code information for decoding the received data signal, as taught by Baek, in order to provide a system with absolute security against the encryption computational complexity power of eavesdroppers to wireless channel communication with sensitive data. (Baek, ¶¶0005-0006)
Claim(s) 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dent in view of Baek in view of Sankar et al. (US Pub.2018/0139758 A1)(hereinafter Sankar).
Regarding claim 7, claim 7 depends from claim 1. As already discussed, the limitations of claim 1 are obvious over Dent in view of Baek. Concerning claim 7, Dent discloses wherein the calibration and data signals are received from the node and have frequencies within a frequency band, (Dent, Fig. 1 and Abstract; a receiver (200) receiving the transmitted pilot and information signals; ¶0027; receiver 200 the received signal with the known pilot sequence is to determine the correlation value (frame 27). Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal)
Dent does not disclose wherein the apparatus is to determine a quality of the frequency band of the communication channel for data communication from the node and to transmit an indication of the said quality to the node, and wherein the common code is dependent on the said indication of the said quality. Sankar in the same field of endeavor, however, discloses the limitations. (Sankar, Abstract; apparatus select a code book based on channel conditions and performance of a demodulator or demapper in a wireless receiver... the receiver in a first wireless communication apparatus is configured for iteratively processing signals received from a channel, selecting a code book for use in communicating over the channel based on conditions affecting transmission of the signals through the channel and performance information associated with a demapper in the receiver; ¶0084; The UE and/or base station may integrate iterative code selection into a CQI determination algorithm and code selections may be automatically provided in feedback exchanged between the UE and the base station.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known technique of to determine a quality of the frequency band of the communication channel for data communication, as taught by Sankar, in order to allow for the selecting of the optimal code for use with a receiver. (Sankar, ¶0002)
Regarding claim 14, claim 14 depends from claim 11. As already discussed, the limitations of claim 11 are obvious over Dent in view of Baek. Concerning claim 14, Dent discloses wherein the calibration and data signals are received from the node and have frequencies within a frequency band, (Dent, Fig. 1 and Abstract; a receiver (200) receiving the transmitted pilot and information signals; ¶0027; receiver 200 the received signal with the known pilot sequence is to determine the correlation value (frame 27). Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal)
Dent does not disclose wherein the method comprises determining a quality of the frequency band of the communication channel for data communication from the node and transmitting an indication of the said quality to the node, wherein the common code is dependent on the said indication of the said quality. Sankar in the same field of endeavor, however, discloses the limitations. (Sankar, Abstract; apparatus select a code book based on channel conditions and performance of a demodulator or demapper in a wireless receiver... the receiver in a first wireless communication apparatus is configured for iteratively processing signals received from a channel, selecting a code book for use in communicating over the channel based on conditions affecting transmission of the signals through the channel and performance information associated with a demapper in the receiver; ¶0084; The UE and/or base station may integrate iterative code selection into a CQI determination algorithm and code selections may be automatically provided in feedback exchanged between the UE and the base station.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known technique of to determine a quality of the frequency band of the communication channel for data communication, as taught by Sankar, in order to allow for the selecting of the optimal code for use with a receiver. (Sankar, ¶0002)
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Dent in view of Baek in view of Sankar in view of Dufour et al. (US Pub. 2019/0007159 A1)(hereinafter Defour).
Regarding claim 8, which depends from claim 7, Dent discloses wherein the receiver is configured to receive first and second signals from the node by way of the communication channel, the first and second signals having frequencies within the frequency band; (Dent, Fig. 1 and Abstract; a receiver (200) receiving the transmitted pilot and information signals; ¶0027; receiver 200 the received signal with the known pilot sequence is to determine the correlation value (frame 27). Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response... the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal)
and wherein the processing circuitry is configured to determine a calibration function depending on the first signal, (Dent, Fig. 7 and ¶0043; the channel estimator 250 based on the correlation output of the pilot estimator 240 estimates each OFDM subcarrier frequency channels... so as to obtain a frequency of the phase and amplitude of the channel at each one side carrier frequency response.)
process the second signal depending on the calibration function, (Dent, Fig. 1 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal; ¶0043; signal processor 260 uses the channel estimate to process the filtered signal in order to eliminate pilot sequence from a desired information signal, and to decode the user data; ¶0119; the receiver 200 can reconstruct the known pilot sequence by determining a propagation channel characteristic influence, and sending it from the received signal is subtracted so as to provide no interference of pilot sequence user data for decoding. Therefore, one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
and cause transmission of the said indication of the said quality to the node. (Sankar, ¶0084; The UE and/or base station may integrate iterative code selection into a CQI determination algorithm and code selections may be automatically provided in feedback exchanged between the UE and the base station.)
Concerning determine the quality of the frequency band for data communication with the node by way of the communication channel depending on the processed second signal, while Sankar discloses determining the quality of frequency bands, i.e. channels for communication, Sankar does not specifically disclose that the quality determination is based on the processing a data carrying signal. Dufour, in the same field of endeavor as the instant application, however, teaches the limitation. (Dufour, ¶0003; A receiver determines quality of the received information on each frequency band. Claim 12; ...wherein the quality is determined based on an error rate in the data received in the frequency channel.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Sankar with the known technique of the quality determination being based on the processed information signal, as taught by Dufour, in order to insure accurate and reliable communication of data. (Dufour, ¶0002)
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dent in view of Baek in view of Kotzin et al. (WO-9907090-A1)(hereinafter Kotzin)
Regarding claim 9, claim 9 depends from claim 1. As already discussed, the limitation of claim 1 are obvious over Dent in view of Baek. Concerning claim 9, Dent discloses the common code is a first common code, (Dent, Fig. 1 and 15-17 and ¶0003; in a CDMA (Code Division Multiple Access) system, a transmitter transmits different orthogonal spreading code assigned to the pilot sequence and the information signal; ¶0025; The invention is applicable to any wireless communication system using OFDM resources, such as CDMA system.; English Language Translation. ¶0118; The invention can also be applied to the CDMA system. FIG. 15 shows a set of mutually orthogonal Walsh-Hadamard spreading code, ... the top of first code called Walsh zero code;)
and wherein the processing circuitry is to: process the calibration signal to determine a calibration function such that the second calibration function depends on the common code by the dependency of the received [second] calibration signal on the common code; and process the received [second] data signal in dependence on the calibration function. (Dent, Fig. 1 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal; ¶0043; signal processor 260 uses the channel estimate to process the filtered signal in order to eliminate pilot sequence from a desired information signal, and to decode the user data; ¶0119; the receiver 200 can reconstruct the known pilot sequence by determining a propagation channel characteristic influence, and sending it from the received signal is subtracted so as to provide no interference of pilot sequence user data for decoding. Therefore, one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
Dent does not disclose a second common code and therefore does not disclose wherein the receiver is to receive second calibration and data signals by way of the communication channel, the second calibration and data signals being based on a second common code different from the first common code. Kotzin, in the same field of endeavor, however, discloses the limitation. (Kotzin, Fig. 4 and Page 4, Lines 18-28; The method of transmitting signals in a communication system also includes the steps of transmitting a first pilot channel on a first 20 antenna using a first code and transmitting a second pilot channel on a second antenna using a second code that is orthogonal to the first code such that the first pilot channel and the second pilot channel are orthogonal to one another. Page 5, Lines 15-28; The receiver includes a first pilot channel recovery means for recovering a first pilot channel spread by a first code and transmitted to the mobile station via a first antenna and a second pilot channel recovery means for recovering a second pilot 20 channel spread by a second code orthogonal to the first code and transmitted to the mobile station via a second antenna. ) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent, with the known technique of providing a second common code, as taught by Kotzin in order to allow for the codes to include corresponding traffic channel information and to allow for communication under changing environmental conditions. (Kotzin, Abstract)
Regarding claim 10, which depends from claim 9, Kotzin further discloses wherein the first common code has a time bandwidth product of a first value for frequencies in a or the frequency band and wherein the second common code has a time bandwidth product of a second value different from the first value for frequencies in the frequency band. (Kotzin, Fig. 4 and Abstract; the use of different orthogonal codes (W.sub.x, W.sub.y) for each pilot channel (Pilot.sub.A) allows the mobile station (106) to discern which pilot channel spread with a different orthogonal code includes corresponding traffic channel (TCH) information; Page 5, Lines 6-11; The pilot channels and information intended for a mobile station within the common coverage area transmitted via the antennas are spread by different orthogonal codes based on the intended antenna for transmission and each of the subsets of orthogonal codes has at least one orthogonal code different from another orthogonal code within the other subsets of orthogonal codes. The orthogonal code which is different from another orthogonal code within the other subsets of orthogonal codes is used to spread the pilot channels for transmission via the antennas; Page 15, Line 5; Having two pilot channels spread by different, orthogonal spreading sequences within a common coverage area...)
Claim(s) 16-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dent in view of Baek in view of Barak (US Pub. 2018/0245461 A1)(hereinafter Barak).
Regarding claim 16, claim 16 depends from claim 1. As already discussed, the limitations of claim 1 are obvious over Dent in view of Baek. Concerning claim 16, Dent does not specifically disclose a downhole channel and therefore does not disclose wherein the communication channel is a downhole communication channel. Barak, in the same field of endeavor, however discloses the limitation. (Barak, Fig. 1 and Abstract; The sequences may be generated from a set of nonrepeating discrete sequences. The preamble may be suitable for both sequence detection and channel estimation, and ¶0001; The present disclosure relates generally to oilfield equipment, and in particular to downhole tools,) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known technique of the communication channel is a downhole communication channel, as taught by Barak, in order to allow for the estimation and characterization of a communication channels for downhole tools and drilling telemetry systems. (Barak, Abstract and ¶0001)
Regarding claim 17, claim 17 depends from claim 1. Concerning claim 17, Dent does not specifically disclose acoustic signals and therefore does not disclose wherein the calibration and data signals are acoustic signals. Barak discloses 1 wherein the calibration and data signals are acoustic signals. (Barak, Fig. 1 and ¶0022; telemetry transmitter 134 may modulate a resistance to drilling fluid flow to generate pressure pulses that propagate at the speed of sound within the drilling fluid to the surface; ¶0024; Telemetry transmitter 134 may generate a traveling pressure signal representative of measured downhole parameters. In an ideal system, each and every pressure pulse created downhole propagates uphole and is readily detected by a transducer at the surface) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known technique of employing acoustic signals as taught by Barak, in order to allow for communication with downhole tools and drilling telemetry systems. (Barak, Abstract and ¶0001)
Regarding claim 19, claim 19 depends from claim 1. Concerning claim 19, Dent does not specifically disclose wherein the calibration function is based on an inverse of the received calibration signal. Barak, however, discloses the limitation. (Barak, ¶0053; In one or more embodiments, a Least Squares (LS) mathematical method may be used to calculate the pseudo inverse of the correlation matrix of preamble 175 and multiply the pseudo inverse by the received signal to produce an estimated channel impulse response) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known technique of the calibration function being based on an inverse of the received calibration signal, as taught by Barak, in order to mitigate the effects of intersymbol interference to undo the effects of the channel and reconstruct the original signal. (Barak, ¶¶0006-0007)
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dent in view of Baek in view of in view of Sankar in view of Dufour.
Regarding claim 21, Dent disclose an apparatus for receiving communication signals, the apparatus comprising: a receiver (Dent, Fig. 1 and 7 and Abstract and ¶0026; Receiver 200)
to directly receive calibration and data signals (Dent, Fig. 1 and Abstract; a receiver (200) receiving the transmitted pilot and information signals;)
by way of a communication channel directly between the receiver and a communication node transmitting the calibration and data signals, (Dent, Fig. 1 and Abstract; propagation channel (20) for transmission; ¶0003; a transmitter transmits different orthogonal spreading code assigned to the pilot sequence and the information signal; ¶0026; the method 2 of FIG. 160 sends pilot and information signal to the receiver 200 via a propagation channel 20)
the calibration and data signals depending on a common code; (Dent, Fig. 1 and 15-17 ¶0005; CDMA network may use the same orthogonal spreading code to transmit the pilot sequence and the information signal; ¶0119; one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
and processing circuitry communicatively coupled to the receiver, (Dent, Fig. 7 and ¶0043; FIG. 7 illustrates an exemplary receiver 200, wherein comprising... channel estimator 250, and aa signal processor 260)
the processing circuitry to: process the received calibration signal to determine a calibration function (Dent, Fig. 7 and ¶0043; the channel estimator 250 based on the correlation output of the pilot estimator 240 estimates each OFDM subcarrier frequency channels... so as to obtain a frequency of the phase and amplitude of the channel at each one side carrier frequency response.)
such that the calibration function depends on the common code by way of the dependency of the received calibration signal on the common code; (Dent, Fig. 1 and 15-17 and ¶0005; CDMA network may use the same orthogonal spreading code to transmit the pilot sequence and the information signal; ¶0119; one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.[Note: In order to reconstitute the known pilot signals for correlation the spread signal is despread by a copy if the spread code3 ])
and process the directly received data signal in dependence on the calibration function, (Dent, Fig. 1 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal; ¶0043; signal processor 260 uses the channel estimate to process the filtered signal in order to eliminate pilot sequence from a desired information signal, and to decode the user data; ¶0119; the receiver 200 can reconstruct the known pilot sequence by determining a propagation channel characteristic influence, and sending it from the received signal is subtracted so as to provide no interference of pilot sequence user data for decoding. Therefore, one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
wherein the calibration and data signals are received from the node and have frequencies within a frequency band, (Dent, Fig. 1 and Abstract; a receiver (200) receiving the transmitted pilot and information signals; ¶0027; receiver 200 the received signal with the known pilot sequence is to determine the correlation value (frame 27). Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal)
and wherein the receiver is configured to receive first and second signals from the node by way of the communication channel, the first and second signals having frequencies within the frequency band; (Dent, Fig. 1 ¶0027; receiver 200 the received signal with the known pilot sequence is to determine the correlation value (frame 27). Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal)
and wherein the processing circuitry is configured to determine a calibration function depending on the first signal, (Dent, Fig. 7 and ¶0043; the channel estimator 250 based on the correlation output of the pilot estimator 240 estimates each OFDM subcarrier frequency channels... so as to obtain a frequency of the phase and amplitude of the channel at each one side carrier frequency response.)
process the second signal depending on the calibration function, (Dent, Fig. 1 and ¶0027; Then, the receiver 200 process the correlation value, so as to determine a set of coefficients (frame 274) of entire pulse of the broadband channel 20 response. the group coefficient broadband channel pulse response in the referred to herein as channel estimation... receiver 200 can ... decode the received signal using the determined channel estimation so as to simultaneously decode the information signal; ¶0043; signal processor 260 uses the channel estimate to process the filtered signal in order to eliminate pilot sequence from a desired information signal, and to decode the user data; ¶0119; the receiver 200 can reconstruct the known pilot sequence by determining a propagation channel characteristic influence, and sending it from the received signal is subtracted so as to provide no interference of pilot sequence user data for decoding. Therefore, one and the same orthogonal spreading code can be used for carrying the pilot sequence and user data.)
Dent does not disclose wherein the calibration function comprises common code information for decoding the directly received data signal, the said common code information for decoding the directly received data signal being derived from the calibration signal. Baek, which is pertinent to issue of reliability over changing communication channel conditions, however discloses the limitations. (Baek, ¶0013; in a wireless channel between terminals that perform wireless communication, the distribution of encryption keys from a center is not required because the terminals directly extract encryption key streams. Accordingly, encryption communication can be easily utilized in ad-hoc or peer-to-peer communication; ¶¶0019-0020;
The method may further include, ...
estimating, by the data reception apparatus, the state of the wireless channel .... based on the pilot signal received from the data transmission apparatus,
and extracting an encryption key stream from the estimated results;
restoring data using the encrypted plain text data, ... and the encryption key stream extracted from the estimated results of the state of the wireless channel ...
and restoring the plain text data by performing an error correction decoding process on the restored data. ¶0117; The data reception apparatus 200 estimates the state of a wireless channel ...based on the pilot signal received from the data transmission apparatus 100, and extracts an encryption key stream from the results of the estimation.)) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known added functionality of the calibration function comprises common code information for decoding the received data signal, as taught by Baek, in order to provide a system with absolute security against the encryption computational complexity power of eavesdroppers to wireless channel communication with sensitive data. (Baek, ¶¶0005-0006)
Dent does not disclose wherein the apparatus is to determine a quality of the frequency band of the communication channel for data communication from the node and to transmit an indication of the said quality to the node, and wherein the common code is dependent on the said indication of the said quality. Sankar in the same field of endeavor, however, discloses the limitations. (Sankar, Abstract; apparatus select a code book based on channel conditions and performance of a demodulator or demapper in a wireless receiver... the receiver in a first wireless communication apparatus is configured for iteratively processing signals received from a channel, selecting a code book for use in communicating over the channel based on conditions affecting transmission of the signals through the channel and performance information associated with a demapper in the receiver; ¶0084; The UE and/or base station may integrate iterative code selection into a CQI determination algorithm and code selections may be automatically provided in feedback exchanged between the UE and the base station.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known technique of to determine a quality of the frequency band of the communication channel for data communication, as taught by Sankar, in order to allow for the selecting of the optimal code for use with a receiver. (Sankar, ¶0002)
and cause transmission of the said indication of the said quality to the node. (Sankar, ¶0084; The UE and/or base station may integrate iterative code selection into a CQI determination algorithm and code selections may be automatically provided in feedback exchanged between the UE and the base station.)
Concerning determine the quality of the frequency band for data communication with the node by way of the communication channel depending on the processed second signal, while Sankar discloses determining the quality of frequency bands, i.e. channels for communication, Sankar does not specifically disclose that the quality determination is based on the processing a data carrying signal. Dufour, in the same field of endeavor as the instant application, however, teaches the limitation. (Dufour, ¶0003; A receiver determines quality of the received information on each frequency band. Claim 12; ...wherein the quality is determined based on an error rate in the data received in the frequency channel.) Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Sankar with the known technique of the quality determination being based on the processed information signal, as taught by Dufour, in order to insure accurate and reliable communication of data. (Dufour, ¶0002)
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.
Claims 1-2, 4-6, 11-12, 15 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8 and 13 of U.S. Patent No. 11,898,440 B2 in view of Dent in view of Baek. The ‘440 patent does not claim employing a common code, Dent as discussed above however, discloses the limitations. Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement the ‘440 patent with the known technique of employing a common code, as taught by Dent, in order to allow for the allocation of more resources to the information/data signals as opposed to channel estimation. (Dent, Abstract). Dent does not disclose wherein the calibration function comprises common code information for decoding the received data signal, and therefore does not disclose wherein the calibration function comprises common code information for decoding the received data signal, the said common code information for decoding the received data signal being determined from the calibration signal. Baek, as discussed above, however discloses the limitations. Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known added functionality of the calibration function comprises common code information for decoding the received data signal, as taught by Baek, in order to provide a system with absolute security against the encryption computational complexity power of eavesdroppers to wireless channel communication with sensitive data. (Baek, ¶¶0005-0006)
Claim Number of Instant Application
Claim Number of USP 11,898,440 B2
1
8
2
8
4
8
5
8
6
8
11
8
12
8
15
8
20
8
1
13
2
13
4
13
5
13
6
13
11
13
12
13
15
13
20
13
Claims 7 and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8 and 13 of U.S. Patent No. 11,898,440 B2 in view of Dent in view of Baek in view of Sankar. Dent does not disclose to determine a quality of the frequency band of the communication channel for data communication and therefore does not disclose wherein the apparatus is to determine a quality of the frequency band of the communication channel for data communication from the node and to transmit an indication of the said quality to the node, and wherein the common code is dependent on the said indication of the said quality. As discussed above, Sankar in the same field of endeavor, however, discloses the limitations. Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent with the known technique of to determine a quality of the frequency band of the communication channel for data communication, as taught by Sankar, in order to allow for the selecting of the optimal code for use with a receiver. (Sankar, ¶0002)
Claim Number of Instant Application
Claim Number of USP 11,898,440 B2
7
8
14
8
7
13
14
13
Claims 8 and 21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8 and 13 of U.S. Patent No. 11,898,440 B2 in view of Dent in view of Baek in view of Sankar in view of Defour. While Sankar discloses determining the quality of frequency bands, i.e. channels for communication, Sankar does not specifically disclose that the quality determination is based on the processing a data carrying signal. Dufour, as discussed above, however teaches the limitation. Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Sankar with the known technique of the quality determination being based on the processed information signal, as taught by Dufour, in order to insure accurate and reliable communication of data. (Dufour, ¶0002)
Claim Number of Instant Application
Claim Number of USP 11,898,440 B2
8
8
21
8
8
13
21
13
Claims 9 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8 and 13 of U.S. Patent No. 11,898,440 B2 in view of Dent in view of Kotzin. Dent does not disclose a second common code and therefore does not disclose wherein the receiver is to receive second calibration and data signals by way of the communication channel, the second calibration and data signals being based on a second common code different from the first common code. As discussed above, Kotzin, in the same field of endeavor, however, discloses the limitation. Consequently, it would have been obvious for a person of ordinary skill in the art, prior to the effective filing date of the claimed subject matter, to implement Dent, with the known technique of providing a second common code, as taught by Kotzin in order to allow for the codes to include corresponding traffic channel information and to allow for communication under changing environmental conditions. (Kotzin, Abstract)
Claim Number of Instant Application
Claim Number of USP 11,898,440 B2
9
8
10
8
9
13
10
13
Claims 16-17 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8 and 13 of U.S. Patent No. 11,898,440 B2 in view of Dent in view of Barak. The ‘440 patent does not claim nor does Dent specifically disclose a downhole channel and therefore does not disclose wherein the communication channel is a downhole communication channel. As discussed above, Barak, in the same field of endeavor, however discloses the limitations.
Claim Number of Instant Application
Claim Number of USP 11,898,440 B2
16
8
17
8
19
9
16
13
17
13
19
13
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 JEROLD B MURPHY whose telephone number is (571)270-1564. The examiner can normally be reached M-T, Th-F 10am-7pm, W 1pm-5pm.
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, STEVEN LIM can be reached on 5712701210. 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.
/JEROLD B MURPHY/Examiner, Art Unit 2687
/STEVEN LIM/Supervisory Patent Examiner, Art Unit 2688
1 Lillo (US Pub. 2008/0151968 A1) ¶0003, “In order to reconstitute the spectrum spread signal upon reception, the channel signal is despread by correlating the received channel signal by a replica code generated in the receiver.”
2 Lillo (US Pub. 2008/0151968 A1) ¶0003, “In order to reconstitute the spectrum spread signal upon reception, the channel signal is despread by correlating the received channel signal by a replica code generated in the receiver.”
3 Lillo (US Pub. 2008/0151968 A1) ¶0003, “In order to reconstitute the spectrum spread signal upon reception, the channel signal is despread by correlating the received channel signal by a replica code generated in the receiver.”