Prosecution Insights
Last updated: October 01, 2026
Application No. 18/449,733

APPARATUSES AND METHODS FOR FACILITATING A USE OF CYCLIC DELAY DIVERSITY IN RESPECT OF UPLINK MISO AND MIMO

Non-Final OA §103
Filed
Aug 15, 2023
Examiner
BETTENDORF, SAMUEL ROBERGE
Art Unit
2414
Tech Center
2400 — Computer Networks
Assignee
AT&T Intellectual Property I L.P.
OA Round
3 (Non-Final)
94%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 94% — above average
94%
Career Allowance Rate
16 granted / 17 resolved
+36.1% vs TC avg
Moderate +7% lift
Without
With
+7.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
28 currently pending
Career history
42
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
81.5%
+41.5% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
6.0%
-34.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 17 resolved cases

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 23 July 2026 AD has been entered. Claim Interpretation Claims 1, 21, and 28 recite in part, “…wherein the identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device,…” The above claim limitation will be interpreted as list of alternatively useable members or a Markush claim as described in MPEP 2117 Section I. In other words, the above limitation will be interpreted as one or more parameters consisting of parameter A, B, C, or D. The above limitation will also be interpreted being satisfied if a device identifies one single parameter or multiple parameters impacting the signaling between the device and a network infrastructure. Response to Arguments and Amendments Based upon the claim interpretation for the claim limitation of “…wherein the identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device,…” for independent claims 1, 21, and 28, Nayeb Nazar teaches, “wherein the identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device, wherein the location of the device is specified as a distance of the device from the network infrastructure;” at paragraph 0051. (See Nayeb Nazar paragraph 0051, The processor 118 may be coupled to the GPS chipset 136, which may be configured to provide location information (e.g., longitude and latitude) regarding the current location of the WTRU 102. In addition to, or in lieu of, the information from the GPS chipset 136, the WTRU 102 may receive location information over the air interface 115/116/117 from a base station (e.g., base stations 114a, 114b) and/or determine its location based on the timing of the signals being received from two or more nearby base stations. It will be appreciated that the WTRU 102 may acquire location information by way of any suitable location-determination method while remaining consistent with an embodiment.) Shows the location of the device as a distance of the device from the network infrastructure Because only one single parameter needs to present to satisfy the claim limitation, Nayeb Nazar teaches the above claim amended limitation of “…frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device…” as recited in claims 1, 21, and 28. Yang et al. (US 20110207487 A1) or Yang Yang teaches obtaining data, identifying on or more parameters impacting signaling between the device and network infrastructure, analyzing, based on the identifying of the one or more parameters impacting the signaling, the one or more parameters to determine that multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) is to be used in a conveyance of the data from the device to the network infrastructure, resulting in a determination, and utilizing MISO or MIMO to transmit data from the device to network infrastructure based on the determination. However, Yang fails to explicitly teach identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device, wherein the location of the device is specified as a distance of the device from the network infrastructure, utilizing cyclic delay diversity or CDD and the a determination consists of a distance from the device from the network infrastructure less than a threshold. Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar Nayeb Nazar teaches identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device, wherein the location of the device is specified as a distance of the device from the network infrastructure and utilizing cyclic delay diversity or CDD. However, Nayeb Nazar fails to explicitly teach a determination consists of a distance from the device from the network infrastructure less than a threshold. Huang et al. (US 20240405811 A1) or Huang Huang teaches a determination consists of a distance from the device from the network infrastructure less than a threshold. However, Huang fails to explicitly teach teaches identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device. 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. Claims 1, 2, 3, 5, 10, 21, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of in view of Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar in further view of Huang et al. (US 20240405811 A1) or Huang. Claim 1 Yang teaches, …obtaining data; (See Yang paragraph 0048, ...in step S20, the mobile terminal B obtains channel quality information between the mobile terminal and neighboring sectors.) identifying one or more parameters impacting signaling between the device and network infrastructure,… (See Yang paragraph 0048, the mobile terminal B measures the level of the interference signal from neighboring sectors, according to the received preamble or pilot transmitted by the neighboring sectors and carrying the feature of the sectors.) …analyzing, based on the identifying of the one or more parameters impacting the signaling, the one or more parameters to determine that multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) is to be used in a conveyance of the data from the device to the network infrastructure, resulting in a determination, (See Yang paragraph 0090, ...in case that the mobile terminal is located at the sector center, and it is not interfered by the neighboring sector or the interference received is less than a certain threshold, the base station equipment can determine to provide for the mobile terminal the single base station communication such as the traditional MIMO communication, to be specific: to select Single-user MIMO, or Multi-user MIMO; or MISO (multiple input single output) or SISO (single input single output), according to different optimization rules.) Shows the determination to utilize MISO or MIMO between a terminal and a base station based on interference received (See Yang paragraph 0097, …the first condition could be that the communication quality such as the received signal strength indication (RSSI) from (the base station equipment A' dominating) the neighbor sector 13 to the mobile terminal B is greater than a predefined threshold such as a certain amount of dBs, which means that the interference signal from the sector 13 is relatively strong and the present sector 11 could use the sector 13 to carry out multi-sector MIMO communication;…) Shows the parameter of received signal strength indication or RSSI from an unwanted base station impacting the signal quality and using MIMO …utilizing, in accordance with the determination, MISO or MIMO to convey the data from the device to the network infrastructure,… (See Yang paragraph 0099, Besides, in case that the mobile terminal B is affected by strong interference from the same-cell sector 13 and the neighboring different-cell sector 22, the mobile terminal B could preferably select the same-cell sector 13 as its cooperating sector so as to improve gain of multi-sector MIMO.) Shows the device transmitting with MIMO (See Yang paragraph 0100, ...the transmitter 201 transmits, to the base station equipment A, information of the selected cooperating sectors, such as the identification of the sectors and their signal strengths to the mobile terminal B.) Shows the device transmitting to the base station However, Yang fails to explicitly teach, A device, comprising: a processing system including a processor; and a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising:… …wherein the identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device, wherein the location of the device is specified as a distance of the device from the network infrastructure;… …the utilizing incorporating cyclic delay diversity (CDD). Nevertheless, Nayeb Nazar, in the same field of endeavor, teaches, A device, comprising: a processing system including a processor; and (See Nayeb Nazar paragraph 0044, As shown in FIG. 2, the WTRU 102 may include a processor 118,…) a memory that stores executable instructions that, ( See Nayeb Nazar paragraph 0252, …program product in a variety of forms, and that an illustrative embodiment of the subject matter described herein applies regardless of the particular type of signal bearing medium used to actually carry out the distribution. Examples of a signal bearing medium include, but are not limited to, the following: a recordable type medium such as a floppy disk, a hard disk drive, a CD, a DVD, a digital tape, a computer memory, etc.,) when executed by the processing system, facilitate performance of operations, the operations comprising:… (See Nayeb Nazar paragraph 0243, …the methods described herein may be implemented in a computer program, software, or firmware incorporated in a computer readable medium for execution by a computer or processor.) …wherein the identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device, wherein the location of the device is specified as a distance of the device from the network infrastructure;… (See Nayeb Nazar paragraph 0051, The processor 118 may be coupled to the GPS chipset 136, which may be configured to provide location information (e.g., longitude and latitude) regarding the current location of the WTRU 102. In addition to, or in lieu of, the information from the GPS chipset 136, the WTRU 102 may receive location information over the air interface 115/116/117 from a base station (e.g., base stations 114a, 114b) and/or determine its location based on the timing of the signals being received from two or more nearby base stations. It will be appreciated that the WTRU 102 may acquire location information by way of any suitable location-determination method while remaining consistent with an embodiment.) See above argument for explanation …the utilizing incorporating cyclic delay diversity (CDD). (See Nayeb Nazar paragraph 0155, …the gNB 620 may specify/indicate that the WTRU 102 should, may or is to transmit using an antenna diversity scheme (e.g., CDD or STBC) with a specified number of streams.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine obtaining data, identify the impact of signaling between a device and network infrastructure, determining, based upon the impact of signaling, to use multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) to transmit data from the device to the network infrastructure, and use MISO and MIMO based upon the determination as disclosed by Yang with identifying at least one parameter identifying a location of the device with the location of the device being the distance between the device and the base station as disclosed by Nayeb Nazar to increase the efficiency of the system (i.e. to increase the accuracy of identifying the cause of interference between the device and base station). However, Yang fails to explicitly teach, …wherein the determination is based on a second determination that the distance of the device from the network infrastructure is less than a threshold; and… Nevertheless, Huang, in the same field of endeavor, teaches, …wherein the determination is based on a second determination that the distance of the device from the network infrastructure is less than a threshold; and… (See Huang paragraph 0115, …the near field 310 may be within a distance threshold of MIMO communications from the base station and the far field 320 may be outside of a distance threshold of MIMO communications from the base station. In some cases, the partitioning distance of the near field 310 (e.g., which may be further divided as a reactive near field and a radiating near field) and the far field 320 may depend on the antenna panel size D and a signal wavelength λ. In some cases, the near field 310 may cover a distance from 0 m to 2D.sup.2/λ m with respect to the antenna array 305, and the far field 320 may cover a distance from 2D.sup.2/λ m to do with respect to the antenna array 305. The near field 310 may include UEs 315, which may each be served by a 3D beam 325.) Shows the determination of utilizing a 3D beam with MIMO if the distance between the base station and the UE consists of less than the threshold value of 2D.sup.2/λ m Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine obtaining data, identify the impact of signaling between a device and network infrastructure, determining, based upon the impact of signaling, to use multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) to transmit data from the device to the network infrastructure, and use MISO and MIMO based upon the determination as disclosed by Yang with the determining of utilizing MISO or MIMO based on the distance between the device and base station being less than a threshold as disclosed by Huang to increase the efficiency of the system (i.e. to increase the signal-to-noise ratio or SNR between the device and base station). Claim 2 Yang fails to explicitly teach limitations of claim 2. However, Nayeb Nazar, in the same field of endeavor, teaches, The device of claim 1, wherein the obtaining of the data comprises generating the data via an execution of an application at the device. (See Nayeb Nazar paragraph 0169, ...the WTRU 102 determining an UL channel estimate based on a DL measurement of a DL channel corresponding to the UL channel.) The motivation to combine Yang, Nayeb Nazar, and Huang in the dependent claim consists of the same motivation as stated in claim 1. Claim 3 Yang fails to explicitly teach limitations of claim 3. However, Nayeb Nazar, in the same field of endeavor, teaches, The device of claim 1, wherein the obtaining of the data comprises obtaining the data from a source of the data. (See Nayeb Nazar paragraph 0169, ...the WTRU 102 determining an UL channel estimate based on a DL measurement of a DL channel corresponding to the UL channel.) Shows the device obtains the UL estimate from the source of the DL measurement The motivation to combine Yang, Nayeb Nazar, and Huang in the dependent claim consists of the same motivation as stated in claim 1. Claim 5 Yang teaches, The device of claim 1, wherein the utilizing comprises utilizing MIMO. (See Yang paragraph 0099, Besides, in case that the mobile terminal B is affected by strong interference from the same-cell sector 13 and the neighboring different-cell sector 22, the mobile terminal B could preferably select the same-cell sector 13 as its cooperating sector so as to improve gain of multi-sector MIMO.) The motivation to combine Yang, Nayeb Nazar, and Huang in the dependent claim consists of the same motivation as stated in claim 1. Claim 10 Yang teaches, The device of claim 1, wherein the identifying of the one or more parameters comprises identifying: transmission power levels available at the device. (See Yang paragraph 0050, ...the first condition could be that the communication quality such as the received signal strength indication (RSSI) from (the base station equipment A' dominating) the neighbor sector 13 to the mobile terminal B is greater than a predefined threshold such as a certain amount of dBs,...) The motivation to combine Yang, Nayeb Nazar, and Huang in the dependent claim consists of the same motivation as stated in claim 1. Claim 21 Yang teaches, …identifying one or more parameters impacting signaling between the processing system and network infrastructure; (See Yang paragraph 0048, the mobile terminal B measures the level of the interference signal from neighboring sectors, according to the received preamble or pilot transmitted by the neighboring sectors and carrying the feature of the sectors.) analyzing, based on the identifying of the one or more parameters impacting the signaling, the one or more parameters to determine that multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) is to be used in a conveyance of data from the processing system to the network infrastructure, resulting in a determination, (See Yang paragraph 0090, ...in case that the mobile terminal is located at the sector center, and it is not interfered by the neighboring sector or the interference received is less than a certain threshold, the base station equipment can determine to provide for the mobile terminal the single base station communication such as the traditional MIMO communication, to be specific: to select Single-user MIMO, or Multi-user MIMO; or MISO (multiple input single output) or SISO (single input single output), according to different optimization rules.) Shows the determination to utilize MISO or MIMO between a terminal and a base station based on interference received (See Yang paragraph 0097, …the first condition could be that the communication quality such as the received signal strength indication (RSSI) from (the base station equipment A' dominating) the neighbor sector 13 to the mobile terminal B is greater than a predefined threshold such as a certain amount of dBs, which means that the interference signal from the sector 13 is relatively strong and the present sector 11 could use the sector 13 to carry out multi-sector MIMO communication;…) Shows the parameter of received signal strength indication or RSSI from an unwanted base station impacting the signal quality and using MIMO …utilizing, in accordance with the determination, MISO or MIMO to convey the data from the processing system to the network infrastructure,… (See Yang paragraph 0099, Besides, in case that the mobile terminal B is affected by strong interference from the same-cell sector 13 and the neighboring different-cell sector 22, the mobile terminal B could preferably select the same-cell sector 13 as its cooperating sector so as to improve gain of multi-sector MIMO.) Shows the device transmitting with MIMO (See Yang paragraph 0100, ...the transmitter 201 transmits, to the base station equipment A, information of the selected cooperating sectors, such as the identification of the sectors and their signal strengths to the mobile terminal B.) Shows the device transmitting to the base station However, Yang fails to explicitly teach, A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising: …wherein the identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device, wherein the location of the device is specified as a distance of the device from the network infrastructure;… …the utilizing incorporating cyclic delay diversity (CDD). Nevertheless, Nayeb Nazar, in the same field of endeavor, teaches, A non-transitory machine-readable medium, comprising executable instructions that, (See Nayeb Nazar paragraph 0243, Examples of non-transitory computer-readable storage media include, but are not limited to, a read only memory (ROM), random access memory (RAM), a register, cache memory, semiconductor memory devices, magnetic media such as internal hard disks and removable disks, magneto-optical media, and optical media such as CD-ROM disks, and digital versatile disks (DVDs).) when executed by a processing system including a processor, facilitate performance of operations, the operations comprising: (See Nayeb Nazar paragraph 0243, …the methods described herein may be implemented in a computer program, software, or firmware incorporated in a computer readable medium for execution by a computer or processor.) …wherein the identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device, wherein the location of the device is specified as a distance of the device from the network infrastructure;… (See Nayeb Nazar paragraph 0051, The processor 118 may be coupled to the GPS chipset 136, which may be configured to provide location information (e.g., longitude and latitude) regarding the current location of the WTRU 102. In addition to, or in lieu of, the information from the GPS chipset 136, the WTRU 102 may receive location information over the air interface 115/116/117 from a base station (e.g., base stations 114a, 114b) and/or determine its location based on the timing of the signals being received from two or more nearby base stations. It will be appreciated that the WTRU 102 may acquire location information by way of any suitable location-determination method while remaining consistent with an embodiment.) See above argument for explanation …the utilizing incorporating cyclic delay diversity (CDD). (See Nayeb Nazar paragraph 0155, …the gNB 620 may specify/indicate that the WTRU 102 should, may or is to transmit using an antenna diversity scheme (e.g., CDD or STBC) with a specified number of streams.) The motivation to combine Yang and Nayeb Nazar in the independent claim consists of the same motivation as stated in claim 1. However, Yang fails to explicitly teach, …wherein the determination is based on a second determination that the distance of the device from the network infrastructure is less than a threshold; and… Nevertheless, Huang, in the same field of endeavor, teaches, …wherein the determination is based on a second determination that the distance of the device from the network infrastructure is less than a threshold; and… (See Huang paragraph 0115, …the near field 310 may be within a distance threshold of MIMO communications from the base station and the far field 320 may be outside of a distance threshold of MIMO communications from the base station. In some cases, the partitioning distance of the near field 310 (e.g., which may be further divided as a reactive near field and a radiating near field) and the far field 320 may depend on the antenna panel size D and a signal wavelength λ. In some cases, the near field 310 may cover a distance from 0 m to 2D.sup.2/λ m with respect to the antenna array 305, and the far field 320 may cover a distance from 2D.sup.2/λ m to do with respect to the antenna array 305. The near field 310 may include UEs 315, which may each be served by a 3D beam 325.) Shows the determination of utilizing a 3D beam with MIMO if the distance between the base station and the UE consists of less than the threshold value of 2D.sup.2/λ m The motivation to combine Yang and Huang in the independent claim consists of the same motivation as stated in claim 1. Claim 22 Yang fails to explicitly teach limitations of claim 22. However, Nayeb Nazar, in the same field of endeavor, teaches limitations of claim 22 as stated in claim 2. The motivation to combine Yang, Nayeb Nazar, and Huang in the dependent claim consists of the same motivation as stated in claim 1. Claim 24 Yang teaches limitations of claim 24 as stated in claim 5. The motivation to combine Yang, Nayeb Nazar, and Huang in the dependent claim consists of the same motivation as stated in claim 1. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of in view of Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar in further view of Huang et al. (US 20240405811 A1) or Huang in further view of Chisu et al. (US 20240163822 A1) or Chisu. Claim 9 Yang fails to explicitly teach limitations of claim 9. However, Chisu, in the same field of endeavor, teaches, The device of claim 1, wherein the identifying of the one or more parameters comprises identifying a priority that is owed to the device in terms of quality of service (QoS) or quality of experience (QoE). (See Chisu paragraph 0050, ...controller 101 re-activates one or more of transmit chains 104a-104b that were previously inactivated to return to the first configuration in response to identifying one or more among:... and (iv) a change to a higher quality of service (QoS).) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine obtaining data, identify the impact of signaling between a device and network infrastructure, determining, based upon the impact of signaling, to use multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) to transmit data from the device to the network infrastructure, and use MISO and MIMO based upon the determination as disclosed by Yang with identifying at least one parameter identifying a priority of the device in terms of quality of service or QoS or quality of experience or QoE as disclosed by Chisu to increase the efficiency of the system (i.e. to reduce the probability preempting a signal with a higher priority than the signal of the device with a lower priority). Claims 8 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of in view of Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar in further view of Huang et al. (US 20240405811 A1) or Huang in further view of Marupaduga et al. (US 10958317 B1) or Marupaduga. Claim 8 Yang fails to explicitly teach limitations of claim 8. However, Marupaduga, in the same field of endeavor, teaches, The device of claim 1, wherein the identifying of the one or more parameters comprises identifying an amount of network load accommodated by the network infrastructure. (See Marupaduga column 11 lines 44-47, the method includes determining based on the geometric size of the cell, a maximum quantity of UEs that the base station should allow per MU-MIMO group.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine obtaining data, identify the impact of signaling between a device and network infrastructure, determining, based upon the impact of signaling, to use multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) to transmit data from the device to the network infrastructure, and use MISO and MIMO based upon the determination as disclosed by Yang with identifying an impact to the signal between the device and network infrastructure consists of the network load of the network infrastructure as disclosed by Marupaduga to increase the efficiency of the system (i.e. to increase the accuracy of identifying the interference between the device and network infrastructure). Claim 27 Yang fails to explicitly teach limitations of claim 27. However, Marupaduga, in the same field of endeavor, teaches limitations of claim 27 as stated in claim 8. The motivation to combine Yang, Chisu, and Marupaduga in the dependent claim consists of the same motivation as stated in claim 8. Claims 4 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar in further view of Huang et al. (US 20240405811 A1) or Huang in further view of Stadelmeier et al. (US 20170244465 A1) or Stadelmeier. Claim 4 Yang fails to explicitly teach limitations of claim 4. However, Stadelmeir, in the same field of endeavor, teaches, The device of claim 1, wherein the utilizing comprises utilizing MISO. (See Stadelmeir paragraph 0271, ...a low resolution data stream can be transmitted using SISO or MISO and a corresponding high resolution data stream can be transmitted in MIMO.) Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine obtaining data, identify the impact of signaling between a device and network infrastructure, determining, based upon the impact of signaling, to use multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) to transmit data from the device to the network infrastructure, and use MISO and MIMO based upon the determination as disclosed by Yang with utilizing MISO to transmit data from the device to the network infrastructure as disclosed by Stadelmeir to increase the efficiency of the system (i.e. to reduce the fading effects caused by multipath propagation in transmission). Claim 23 Yang fails to explicitly teach limitations of claim 23. However, Stadelmeir, in the same field of endeavor, teaches limitations of claim 23 as stated in claim 4. The motivation to combine Yang, Chisu, and Stadelmeir in the dependent claim consists of the same motivation as stated in claim 4. Claims 28 and 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of in view of Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar in further view of Huang et al. (US 20240405811 A1) or Huang in further view of Tarlazzi et al. (US 20110135308 A1) or Tarlazzi. Claim 28 Yang teaches, A method, comprising: obtaining,.. …data; (See Yang paragraph 0048, ...in step S20, the mobile terminal B obtains channel quality information between the mobile terminal and neighboring sectors.) Shows obtaining data identifying, by the processing system, one or more parameters impacting signaling between the processing system and network infrastructure,… (See Yang paragraph 0048, the mobile terminal B measures the level of the interference signal from neighboring sectors, according to the received preamble or pilot transmitted by the neighboring sectors and carrying the feature of the sectors.) …analyzing, by the processing system and based on the identifying of the one or more parameters impacting the signaling, the one or more parameters to determine that multiple-input single-output (MISO) or multiple-input multiple- output (MIMO) is to be used in a conveyance of the data from the processing system to the network infrastructure, resulting in a determination; (See Yang paragraph 0090, ...in case that the mobile terminal is located at the sector center, and it is not interfered by the neighboring sector or the interference received is less than a certain threshold, the base station equipment can determine to provide for the mobile terminal the single base station communication such as the traditional MIMO communication, to be specific: to select Single-user MIMO, or Multi-user MIMO; or MISO (multiple input single output) or SISO (single input single output), according to different optimization rules.) Shows the determination to utilize MISO or MIMO between a terminal and a base station based on interference received (See Yang paragraph 0097, …the first condition could be that the communication quality such as the received signal strength indication (RSSI) from (the base station equipment A' dominating) the neighbor sector 13 to the mobile terminal B is greater than a predefined threshold such as a certain amount of dBs, which means that the interference signal from the sector 13 is relatively strong and the present sector 11 could use the sector 13 to carry out multi-sector MIMO communication;…) Shows the parameter of received signal strength indication or RSSI from an unwanted base station impacting the signal quality and using MIMO and utilizing, by the processing system and in accordance with the determination, MISO or MIMO to convey the data from the processing system to the network infrastructure, (See Yang paragraph 0099, Besides, in case that the mobile terminal B is affected by strong interference from the same-cell sector 13 and the neighboring different-cell sector 22, the mobile terminal B could preferably select the same-cell sector 13 as its cooperating sector so as to improve gain of multi-sector MIMO.) Shows the device transmitting with MIMO (See Yang paragraph 0100, ...the transmitter 201 transmits, to the base station equipment A, information of the selected cooperating sectors, such as the identification of the sectors and their signal strengths to the mobile terminal B.) Shows the device transmitting to the base station However, Yang fails to explicitly teach, …by a processing system including a processor,… …wherein the identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device, wherein the location of the device is specified as a distance of the device from the network infrastructure;… Nevertheless, Nayeb Nazar, in the same field of endeavor, teaches, …by a processing system including a processor,… (See Nayeb Nazar paragraph 0044, As shown in FIG. 2, the WTRU 102 may include a processor 118,…) …wherein the identifying of the one or more parameters comprises identifying a location of the device, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, and an encoding scheme that is available at the device, wherein the location of the device is specified as a distance of the device from the network infrastructure;… (See Nayeb Nazar paragraph 0051, The processor 118 may be coupled to the GPS chipset 136, which may be configured to provide location information (e.g., longitude and latitude) regarding the current location of the WTRU 102. In addition to, or in lieu of, the information from the GPS chipset 136, the WTRU 102 may receive location information over the air interface 115/116/117 from a base station (e.g., base stations 114a, 114b) and/or determine its location based on the timing of the signals being received from two or more nearby base stations. It will be appreciated that the WTRU 102 may acquire location information by way of any suitable location-determination method while remaining consistent with an embodiment.) See above argument for explanation The motivation to combine Yang and Nayeb Nazar in the independent claim consists of the same motivation as stated in claim 1. However, Yang fails to explicitly teach, …wherein the determination is based on a second determination that the distance of the device from the network infrastructure is less than a threshold; and… Nevertheless, Huang, in the same field of endeavor, teaches, …wherein the determination is based on a second determination that the distance of the device from the network infrastructure is less than a threshold; and… (See Huang paragraph 0115, …the near field 310 may be within a distance threshold of MIMO communications from the base station and the far field 320 may be outside of a distance threshold of MIMO communications from the base station. In some cases, the partitioning distance of the near field 310 (e.g., which may be further divided as a reactive near field and a radiating near field) and the far field 320 may depend on the antenna panel size D and a signal wavelength λ. In some cases, the near field 310 may cover a distance from 0 m to 2D.sup.2/λ m with respect to the antenna array 305, and the far field 320 may cover a distance from 2D.sup.2/λ m to do with respect to the antenna array 305. The near field 310 may include UEs 315, which may each be served by a 3D beam 325.) Shows the determination of utilizing a 3D beam with MIMO if the distance between the base station and the UE consists of less than the threshold value of 2D.sup.2/λ m The motivation to combine Yang and Huang in the independent claim consists of the same motivation as stated in claim 1. However, Yang fails to explicitly teach, …the utilizing incorporating a cyclic shift corresponding to a 90-degree phase shift or a multiple of 90 degrees to support orthogonality. Nevertheless, Tarrlazzi, in the same field of endeavor, teaches, …the utilizing incorporating a cyclic shift corresponding to a 90-degree phase shift or a multiple of 90 degrees to support orthogonality. (See Tarrlazzi paragraph 0032, Referring to FIG. 3, by incorporating a hybrid coupler in the distributed antenna system in accordance with the invention, all of the MIMO signals (in this case, both MIMO signals) can be cross-coupled and sent to all of the remote units without affecting the MIMO operation. Each remote unit can transmit both the MIMO parallel data streams without producing inter-stream interference because there are 90.degree. of phase shifting between them. That is, a distributed MIMO concept is split in two parallel distributed MIMO systems. The first one is "in phase", while the second one is "90.degree. phase shifted".) Shows the hybrid coupler for the MIMO signals utilize a 90 degree phase shift (See Tarrlazzi paragraph 0036, ...the hybrid coupler that is utilized in embodiments of the invention makes input signals orthogonal to each other.) Shows the hybrid coupler causes signals to be orthogonal to each other Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine obtaining data, identify the impact of signaling between a device and network infrastructure, determining, based upon the impact of signaling, to use multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) to transmit data from the device to the network infrastructure, and use MISO and MIMO based upon the determination as disclosed by Yang with utilizing a 90-degree phase shift to support orthogonality with a cyclic shift as disclosed by Tarrlazzi to increase the efficiency of the system (i.e. to increase the bandwidth utilization between the device and network infrastructure). Claim 31 Yang teaches, The method of claim 28, wherein the one or more parameters comprise an indication of a power constraint. (See Yang paragraph 0050, …the first condition could be that the communication quality such as the received signal strength indication (RSSI) from (the base station equipment A' dominating) the neighbor sector 13 to the mobile terminal B is greater than a predefined threshold such as a certain amount of dBs, which means that the interference signal from the sector 13 is relatively strong and the present sector 11 could use the sector 13 to carry out multi-sector MIMO communication;) Shows the power constraint indication of received signal strength indication or RSSI from the base station The motivation to combine Yang, Nayeb Nazar, Huang, and Tarrlazzi in the dependent claim consists of the same motivation as stated in claim 28. Claim 32 Yang fails to explicitly teach limitations of claim 32. Nevertheless, Nayeb Nazar, in the same field of endeavor, teaches, The method of claim 28, wherein the one or more parameters comprise an indication of an antenna spacing limitation. (See Nayeb Nazar paragraph 0221, …the WTRU 102 may receive from the NE 620, a message including first precoding constraint information or indicating the first precoding constraint information.) Shows the WTRU receiving from the network or NE 620 the first precoding constraint information (See Nayeb Nazar paragraph 0230, the first precoding constraint information may include information indicating any of: (1) a specific multiple antenna scheme; (2) a transmission scheme; (3) a specified number of streams; (4) a subspace constraint indicating a subspace into which transmissions from the WTRU 102 are constrained; and/or (5) a rank. For example, the specific multiple antenna scheme may include any of: (1) a time diversity scheme; (2) a space diversity scheme; the specific multiple antenna scheme may include any of: (1) a time diversity scheme; (2) a space diversity scheme;) Shows the first precoding constraint information includes a specific multiple antenna scheme. The specific multiple antenna scheme contains a space diversity scheme. The motivation to combine Yang, Nayeb Nazar, Huang, and Tarrlazzi in the dependent claim consists of the same motivation as stated in claim 28. Claims 33-35 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of in view of Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar in further view of Huang et al. (US 20240405811 A1) or Huang in further view of Tarlazzi et al. (US 20110135308 A1) or Tarlazzi in further view of Chisu et al. (US 20240163822 A1) or Chisu. Claim 33 Yang fails to explicitly teach limitations of claim 33. Nevertheless, Chisu, in the same field of endeavor, teaches, The method of claim 28, wherein the utilizing comprises transmitting a first copy of the data and transmitting a second copy of the data. (See Chisu paragraph 0018, Delay diversity is a technique used to increase the performance of a wireless link by transmitting delayed copies of the same input data signal from multiple transmit antennas.) The motivation to combine Yang, Nayeb Nazar, Huang, Tarrlazzi, and Chisu in the dependent claim consists of the same motivation as stated in claim 28. Claim 34 Yang fails to explicitly teach limitations of claim 34. Nevertheless, Chisu, in the same field of endeavor, teaches, The method of claim 33, wherein the transmitting of the second copy of the data is time-shifted relative to the transmitting of the first copy of the data. (See Chisu paragraph 0018, …multiple transmission channels can be used to transmit copies of the input data stream or data signal. The redundancy of transmitting copies of the data stream increases reliability of the transmit signals. However, to avoid interference between these copies, a delay or time shift is introduced to create a spatial spread between the transmitted copies.) The motivation to combine Yang, Nayeb Nazar, Huang, Tarrlazzi, and Chisu in the dependent claim consists of the same motivation as stated in claim 28. Claim 35 Yang fails to explicitly teach limitations of claim 35. Nevertheless, Chisu, in the same field of endeavor, teaches, The method of claim 33, further comprising: appending a first prefix to the first copy of the data prior to transmitting the first copy of the data; and appending a second prefix to the second copy of the data prior to transmitting the second copy of the data, wherein the second prefix is distinguishable from the first prefix. (See Chisu paragraph 0019, …a frequency dependent (i.e., subcarrier frequency) phase rotation of the CDD delayed signal versus the undelayed first signal. Each successive subcarrier is rotated by an additional phase shift. If the first subcarrier is shifted by 2.7 deg (versus the same subcarrier in the undelayed or second Tx stream), then the second subcarrier will be delayed by 5.4 deg (versus the same subcarrier in the undelayed or second Tx stream) and on. Additionally, the symbol portion that falls outside the symbol interval is added to the start of the symbol.) Shows for each copy of the data a unique section of the data added in at the start of the symbol of data Shows if the device delays the data by differing amounts, and the symbol portion that falls outside the symbol is appended to the start of the symbol, then different portions of the same data will be appended to the symbol corresponding to the amount of time shift The motivation to combine Yang, Nayeb Nazar, Huang, Tarrlazzi, and Chisu in the dependent claim consists of the same motivation as stated in claim 28. Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of in view of Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar in further view of Huang et al. (US 20240405811 A1) or Huang in further view of Wa et al. (CN 104518806 A) or Wa. Claim 37 Yang fails to explicitly teach limitations of claim 37. Nevertheless, Wa, in the same field of endeavor, teaches, The device of claim 1, wherein the identifying of the one or more parameters impacting the signaling comprises identifying a demodulation scheme that is available at a second device and a decoding scheme that is available at a third device. (See Wa paragraph 010, ...a first base station the user special search space and/or the public search space and sending downlink control signalling;) Shows the second device (See Wa paragraph 0014, ...the downlink control signalling carrying the user terminal performing the interference elimination or inhibition desired information is used for indicating the target terminal using the modulation coding scheme MCS, and/or precoding information, and/or combined indicates antenna port and scrambling ID, information of layer number, and/or the carrier indication information, or...) Shows the downlink control signalling from the first base or second device contains a modulation coding scheme or MCS for interference (See Wa paragraph 0110, the second base station of interfered cell notifies the user terminal of the cell by the RRC signaling ePDCCH set 2 of time domain and frequency domain resource position, the NAICS-RNTI; and wherein the blind detection is ePDCCH by the user terminal strong interference cell position on the set 2, to obtain the user terminal used by the adjacent cells or strong interference cell corresponding to the band of the MCS, and/or precoding information.) Shows the precoding information or decoding scheme at the third device or second base station Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling data of the claimed invention to combine obtaining data, identify the impact of signaling between a device and network infrastructure, determining, based upon the impact of signaling, to use multiple-input single-output (MISO) or multiple-input multiple-output (MIMO) to transmit data from the device to the network infrastructure, and use MISO and MIMO based upon the determination as disclosed by Yang with identifying a demodulation scheme available at a second device and a decoding scheme available at a third device as disclosed by Wa to increase the efficiency of the system (i.e. to increase the accuracy of correctly demodulating and decoding in high interference communication link). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lee et al. (US 20180227069 A1) or Lee teaches estimating a channel between a user equipment or UE and base station and conducting interference cancellation. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL ROBERGE BETTENDORF whose telephone number is (571)272-4352. The examiner can normally be reached Mon - Fri, 8:30a.m.-5:00p.m.. 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, Edan Orgad can be reached at 571-272-7884. 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. /SAMUEL ROBERGE BETTENDORF/Examiner, Art Unit 2414 /EDAN ORGAD/Supervisory Patent Examiner, Art Unit 2414
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Prosecution Timeline

Aug 15, 2023
Application Filed
Jan 08, 2026
Non-Final Rejection mailed — §103
Apr 06, 2026
Response Filed
May 06, 2026
Final Rejection mailed — §103
Jul 23, 2026
Request for Continued Examination
Jul 26, 2026
Response after Non-Final Action
Aug 06, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
94%
Grant Probability
99%
With Interview (+7.1%)
2y 7m (~0m remaining)
Median Time to Grant
High
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