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
This office action is responsive to the Response to Election/Restriction filed on 10/13/25. Claim 20 has been withdrawn and claims 1 – 19 are pending.
Election/Restrictions
Applicant’s election without traverse of claims 1 – 19 in the reply filed on 10/13/25 is acknowledged.
Claim Objections
Claim 8 is objected to because of the following informality:
In claim 8, line 3, “for perform” should be reworded.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 – 16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Regarding claim 1, only a wireless interface arrangement is recited as part of the claimed device. Therefore, the claim does not fall within the four categories of invention - a process, machine, article of manufacture or composition of matter. A machine is defined as a concrete thing, consisting of parts, or of certain devices and combination of devices (Burr v. Duryee, 68 U.S. (1 Wall.) 531, 570, 17 L. Ed. 650 (1863) and this definition includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result (Corning v. Burden, 56 U.S. 252, 267, 14 L. Ed. 683 (1854) (see MPEP § 2106 I. ii.)).
Claims 2 – 16 are rejected for the same reason as they depend on the above rejected claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 – 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wallace et al. (US2002/0193146 A1).
Regarding claim 1, Wallace teaches an apparatus (Fig. 5: MS) configured for wirelessly communicating in a wireless communication network (see Fig. 5), the apparatus comprising: a wireless interface arrangement for the wireless communication (see Figs. 5 and 12; antennas); wherein the apparatus is configured for wirelessly transmitting, to a receiving apparatus (see Figs. 5 and 12; BS), a diversity signal comprising a diversity information indicating a radio channel diversity (RCD) capability of the apparatus (paragraph 104: …to determine diversity capability information at step 402. The diversity capability for the FL includes the number of receive antennas used at the mobile station. Also described in paragraph 107: …to determine diversity capability information at step 502. The diversity capability for the RL includes the number of transmit antennas used at the mobile station); the RCD capability relating to a capability of the apparatus to perform diversity for the wireless communication (paragraph 104: The diversity capability for the FL includes the number of receive antennas used at the mobile station. Also described in paragraph 107: The diversity capability for the RL includes the number of transmit antennas used at the mobile station. Further described in paragraph 127). Note: paragraph 51: Since the path between the mobile station and the base station is assumed to be approximately reciprocal, diversity systems implemented in a mobile station work similarly to those in base station
Regarding claim 2, Wallace teaches the apparatus of claim 1, wherein the apparatus is configured for transmitting RCD capability information so as indicate, as a binary signal comprised by the diversity signal, whether or not the apparatus is configured for using a reception diversity for the wireless communication (paragraph 137: “0” “1”).
Regarding claim 3, Wallace teaches the apparatus of claim 1, wherein the apparatus is configured for transmitting the RCD capability information so as indicate whether or not the apparatus is configured for using a transmission diversity for the wireless communication (paragraph 22: diversity transmissions; paragraph 107: The diversity capability for the RL includes the number of transmit antennas used at the mobile station).
Regarding claim 4, Wallace teaches the apparatus of claim 1, wherein the apparatus is configured for transmitting the RCD capability information so as to indicate a degree of diversity supported by the apparatus (paragraph 106: If the link quality is poor antenna diversity is used to transmit a same data signal from multiple antennas. Note that in poor link quality cases, the use of both transmit and receive diversity provides an optimal solution. Such a condition could still be viewed as a MIMO link, wherein the two basic types of MIMO links are: pure diversity, i.e., both transmit and receive diversity; and spatial multiplexing, i.e., parallel channels. If the link quality is good, spatial diversity is used, else pure diversity is applied. Also described in paragraphs 79, 121, 127).
Regarding claim 5, Wallace teaches the apparatus of claim 1, wherein the apparatus is configured for transmitting the RCD capability information so as to indicate an RCD scheme supported by the apparatus (paragraph 33: In multiple access systems it is desirable that all four modes of operation be supported. For performance reasons it is usually desirable to employ diversity techniques (i.e., SIMO and MISO) whenever possible since these schemes typically outperform SISO methods. On the uplink, also referred to as the reverse link, diversity techniques can be supported by placing multiple receive antennas at the base stations. On the downlink however, it implies that some form of transmit diversity be used when transmitting to single receive antenna devices (i.e., MISO). Because MISO operation requires different receiver processing than SISO operation, it is possible that certain systems may have a requirement to also support SISO operation for a fraction of the terminals. Also described in paragraph 106).
Regarding claim 6, Wallace teaches the apparatus of claim 1, wherein the apparatus is configured for transmitting the RCD capability information so as to indicate a plurality of RCD schemes supported by the apparatus (paragraph 33: In multiple access systems it is desirable that all four modes of operation be supported. For performance reasons it is usually desirable to employ diversity techniques (i.e., SIMO and MISO) whenever possible since these schemes typically outperform SISO methods. On the uplink, also referred to as the reverse link, diversity techniques can be supported by placing multiple receive antennas at the base stations. On the downlink however, it implies that some form of transmit diversity be used when transmitting to single receive antenna devices (i.e., MISO). Because MISO operation requires different receiver processing than SISO operation, it is possible that certain systems may have a requirement to also support SISO operation for a fraction of the terminals. Also described in paragraphs 104 - 107).
Regarding claim 7, Wallace teaches the apparatus of claim 6, wherein the apparatus is configured for applying a selected RCD scheme for further wireless communication responsive to a reception of a selection signal indicating the selected RCD scheme from the plurality of RCD schemes (paragraph 109: Processing continues to step 518 to select a mode of operation as spatial diversity or pure diversity).
Regarding claim 8, Wallace teaches the apparatus of claim 1, wherein the apparatus is configured for receiving, from a requesting apparatus, a request signal indicating a request to perform a specific RCD scheme and to perform negotiation with the requesting apparatus about the specific RCD scheme to identify a negotiated RCD scheme; wherein the apparatus is configured for applying the negotiated RCD scheme (paragraph 74: For mixed mode operation of one embodiment, the base station negotiates with user terminals to determine antenna diversity status of the terminal. As discussed hereinabove, there are generally four types of combination processing used at a receiver. Selection diversity is applied at a receiver having multiple antennas, wherein a best signal among the multiple received signals is chosen. Also described in paragraph 104: For a mixed mode system, each participant will typically require information regarding the configuration and operating mode of each communication link. FIG. 13 illustrates a method 400 of negotiation for the FL, wherein the negotiation is performed at the base station. The process starts with a query to the mobile user to determine diversity capability information at step 402. Also described in paragraph 107: FIG. 14 illustrates a corresponding method 500 of negotiation for the RL, wherein the negotiation is performed at the base station. The process starts with a query to the mobile user to determine diversity capability information at step 502. The diversity capability for the RL includes the number of transmit antennas used at the mobile station. Also described in paragraph 127).
Regarding claim 9, Wallace teaches the apparatus of 8, wherein the wherein the apparatus is configured for transmitting a message to the requesting apparatus, the message indicating the negotiated RCD scheme, wherein the apparatus is configured for delaying transmission of the message until the offer is outdated due to real-time constraints (paragraph 120 the delayed signals provide multi-paths which facilitate signal diversity for enhanced system performance. Also described in paragraphs 128, 131, 134, 136, 137).
Regarding claim 10, Wallace teaches the apparatus of claim 1, being a user equipment wherein the apparatus is a first apparatus, wherein the apparatus is configured for applying a specific RCD scheme for a transmission or a reception of a signal, wherein the apparatus is configured for receiving feedback information from a second apparatus being a base station, the feedback information indicating an effective quality of the specific RCD scheme, wherein the first apparatus is configured for maintaining, optimizing or changing the specific RCD scheme in a further transmission from the first apparatus to the second apparatus responsive to the feedback information signal (paragraph 51, 67, 68; paragraph 74: Selection diversity is applied at a receiver having multiple antennas, wherein a best signal among the multiple received signals is chosen… The selection unit may sample the signals and provide the best one as output, wherein the best signal is determined by a quality metric, such as SNR. Paragraph s 75-76: A final method of reception diversity is referred to as feedback diversity, and is similar to selection diversity; paragraphs 104-107).
Regarding claim 11, Wallace teaches the apparatus of claim 1, wherein the apparatus is a first apparatus and is configured for determining a feedback information indicating an effective quality of a specific RCD scheme usable for transmission from a second apparatus to the first apparatus, wherein the first apparatus is configured for transmitting the feedback information to the second apparatus (paragraph 51, 67, 68; paragraph 74: Selection diversity is applied at a receiver having multiple antennas, wherein a best signal among the multiple received signals is chosen… The selection unit may sample the signals and provide the best one as output, wherein the best signal is determined by a quality metric, such as SNR. Paragraph s 75-76: A final method of reception diversity is referred to as feedback diversity, and is similar to selection diversity; paragraphs 104-107).
Regarding claim 12, Wallace teaches the apparatus of claim 1, wherein the apparatus is a first apparatus configured for transmitting a request to a second apparatus to apply a specific RCD scheme (paragraphs 104-107: The base station may also request information regarding the channel quality of given link within a same query. The base station receives the information from the mobile station and begins determining the appropriate configuration and processing; paragraph 123).
Regarding claim 13, Wallace teaches the apparatus of claim 12, wherein the apparatus is configured for selecting the specific RCD scheme from a plurality of RCD schemes based on observations of the first apparatus; and/or knowledge about an RCD capability of the second apparatus (paragraph 109: Processing continues to step 518 to select a mode of operation as spatial diversity or pure diversity; paragraphs 104-107).
Regarding claim 14, Wallace teaches the apparatus of claim 1, wherein the apparatus is configured for wirelessly transmitting, to a receiving apparatus, a capability signal comprising a capability information indicating a radio channel multiplexing (RCM) capability of the apparatus; the RCM capability relating to a capability of the apparatus to separate at least one spatial data stream during the wireless communication (paragraph 89: The transmitter 232 separates the signal d into multiple portions, one corresponding to each transmit antenna 240, 242. A MUX 234 provides a first portion of signal d to multiplier 236; paragraph 101, 105 – 106: spatial diversity; paragraph 109: Processing continues to step 518 to select a mode of operation as spatial diversity or pure diversity).
Regarding claim 15, Wallace teaches the apparatus of claim 14, wherein the apparatus is configured for separating at least two data streams based on the RCM capability (paragraph 89: The transmitter 232 separates the signal d into multiple portions, one corresponding to each transmit antenna 240, 242. A MUX 234 provides a first portion of signal d to multiplier 236; paragraph 101, 105 – 106: spatial diversity; paragraph 109: Processing continues to step 518 to select a mode of operation as spatial diversity or pure diversity).
Regarding claim 16, Wallace teaches the apparatus of claim 14, wherein the apparatus is configured for generating the capability signal such that the capability information indicates a maximum number of spatial data streams being utilizable simultaneously with the wireless interface arrangement (paragraph 89: The transmitter 232 separates the signal d into multiple portions, one corresponding to each transmit antenna 240, 242. A MUX 234 provides a first portion of signal d to multiplier 236; paragraph 101, 105 – 106: spatial diversity; paragraph 109: Processing continues to step 518 to select a mode of operation as spatial diversity or pure diversity).
Regarding claim 17, Wallace teaches an apparatus (Fig. 5: MS) configured for wirelessly communicating in a wireless communication network (see Fig. 5), the apparatus comprising: a wireless interface arrangement for the wireless communication (see Figs. 5 and 12; antennas); wherein the apparatus is configured for acquiring an RCD information indicating an RCD capability of a communication partner (see Figs. 5 and 12; BS); the RCD capability relating to a capability of the communication partner to perform diversity for the wireless communication (paragraph 104: …to determine diversity capability information at step 402. The diversity capability for the FL includes the number of receive antennas used at the mobile station. Also described in paragraph 107: …to determine diversity capability information at step 502. The diversity capability for the RL includes the number of transmit antennas used at the mobile station); wherein the apparatus is configured for adapting a control of the wireless interface arrangement for a communication with the communication partner based on the RCD capability; and/or to request the communication partner to adapt its wireless communication scheme based on the RCD capability of the first apparatus or on the RCD capability of the second apparatus or on the RCD capability of the first and the second apparatus (paragraphs 104: For a mixed mode system, each participant will typically require information regarding the configuration and operating mode of each communication link. FIG. 13 illustrates a method 400 of negotiation for the FL, wherein the negotiation is performed at the base station. The process starts with a query to the mobile user to determine diversity capability information at step 402. The diversity capability for the FL includes the number of receive antennas used at the mobile station. Paragraph 107: FIG. 14 illustrates a corresponding method 500 of negotiation for the RL, wherein the negotiation is performed at the base station. The process starts with a query to the mobile user to determine diversity capability information at step 502. The diversity capability for the RL includes the number of transmit antennas used at the mobile station. Further described in paragraphs 105 and 127). Note: paragraph 51: Since the path between the mobile station and the base station is assumed to be approximately reciprocal, diversity systems implemented in a mobile station work similarly to those in base station.
Regarding claim 18, Wallace teaches the apparatus of claim 17, wherein the apparatus is configured for performing a test procedure with the communication partner during which a diversity scheme of the apparatus and/or of the communication partner is changed at least one time (paragraph 127: Typically, antenna diversity negotiations are performed at initiation of a communication, however, alternate embodiments may allow adjustment during a communication, wherein the quality of the communication link channel degrades over time and environmental condition; paragraph 109: Processing continues to step 518 to select a mode of operation as spatial diversity or pure diversity; paragraphs 104-107).
Regarding claim 19, Wallace teaches the apparatus of claim 17, wherein the apparatus is configured for receiving the diversity signal indicating a plurality of diversity schemes supported by the communication partner; and to select one of the indicated diversity schemes as a selected diversity scheme; and to transmit a selection signal to the communication partner indicating the selected diversity scheme (paragraph 33: In multiple access systems it is desirable that all four modes of operation be supported. For performance reasons it is usually desirable to employ diversity techniques (i.e., SIMO and MISO) whenever possible since these schemes typically outperform SISO methods. On the uplink, also referred to as the reverse link, diversity techniques can be supported by placing multiple receive antennas at the base stations. On the downlink however, it implies that some form of transmit diversity be used when transmitting to single receive antenna devices (i.e., MISO). Because MISO operation requires different receiver processing than SISO operation, it is possible that certain systems may have a requirement to also support SISO operation for a fraction of the terminals. paragraph 109: Processing continues to step 518 to select a mode of operation as spatial diversity or pure diversity. Also described in paragraphs 104 – 107).
Conclusion
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/RHONDA L MURPHY/Primary Examiner, Art Unit 2462