Prosecution Insights
Last updated: April 19, 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
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
2y 3m
To Grant
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allow Rate
11 granted / 11 resolved
+42.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
23 currently pending
Career history
34
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
80.3%
+40.3% vs TC avg
§102
9.8%
-30.2% vs TC avg
§112
9.0%
-31.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 11 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 . 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, 5, 6, 9, 10, 21, 24 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of Chisu et al. (US 20240163822 A1) or Chisu. 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, 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 (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.) 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:… …the utilizing incorporating cyclic delay diversity (CDD). Nevertheless, Chisu, in the same field of endeavor, teaches, A device, comprising: a processing system including a processor; and (See Chisu paragraph 0046, Controller 101 includes processor subsystem 110, which includes one or more central processing units (CPUs), depicted as data processor 179.) a memory that stores executable instructions that, (See Chisu paragraph 0032, Device memory 106 stores program code for applications,...) when executed by the processing system, facilitate performance of operations, the operations comprising:… (See Chisu paragraph 0033, Controller 101 includes processor subsystem 110, which executes program code to provide operating functionality of communication device 100. The functionality includes configuring communication subsystem 102 for transmit diversity (TxDiv) or MIMO to support increased transmit power or increase antenna efficiency,...) …the utilizing incorporating cyclic delay diversity (CDD). (See Chisu paragraph 0081, With reference to FIG. 10B, method 1000 includes accessing a precoding matrix codebook for MIMO configuring of antennas of the first and the second transmit chains (block 1018). Method 1000 includes sequentially configuring the first and the second transmit chains to transmit the uplink signal with one of: (i) cyclic delay diversity (CDD);...) 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 utilizing cyclic delay diversity or CDD with MISO or MIMO as disclosed by Chisu to increase the efficiency of the system (i.e. to reduce the amount of interference between the device and network infrastructure). 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 and Chisu in the dependent claim consists of the same motivation as stated in claim 1. Claim 6 Yang teaches, The device of claim 1, wherein the identifying of the one or more parameters comprises identifying a location of the device. (See Yang paragraph 0046, As shown in FIG. 3, according to the interference, from neighboring sectors, affecting the mobile terminal in a sector, the coverage area of a sector in a cellular system can be divided into three parts: sector center, same-cell sector edge and different-cell sector edge. Generally speaking, due to the fading of the radio signal, the radio channel at the sector center would not be affected by the signal from neighboring sectors; while the radio channels at the same-cell sector edge or the different-cell sector edge might be interfered by the signal from the neighboring sectors.) Shows the different location areas of a cell affect the signal quality of the user equipment or UE The motivation to combine Yang and Chisu in the dependent claim consists of the same motivation as stated in claim 1. 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).) The motivation to combine Yang and Chisu 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, frequencies or frequency bands that are available at the device, a modulation scheme that is available at the device, an encoding scheme that is available at the device, or any combination thereof. (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 and Chisu 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, 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.) and 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: …the utilizing incorporating cyclic delay diversity (CDD). Nevertheless, Chisu, in the same field of endeavor, teaches, A non-transitory machine-readable medium, comprising executable instructions that, (See Chisu paragraph 0032, Device memory 106 stores program code for applications,...) when executed by a processing system including a processor, facilitate performance of operations, the operations comprising: (See Chisu paragraph 0033, Controller 101 includes processor subsystem 110, which executes program code to provide operating functionality of communication device 100. The functionality includes configuring communication subsystem 102 for transmit diversity (TxDiv) or MIMO to support increased transmit power or increase antenna efficiency,...) …the utilizing incorporating cyclic delay diversity (CDD). (See Chisu paragraph 0081, With reference to FIG. 10B, method 1000 includes accessing a precoding matrix codebook for MIMO configuring of antennas of the first and the second transmit chains (block 1018). Method 1000 includes sequentially configuring the first and the second transmit chains to transmit the uplink signal with one of: (i) cyclic delay diversity (CDD);...) The motivation to combine Yang and Chisu in the independent claim consists of the same motivation as stated in claim 1. Claim 24 (New) Yang teaches limitations of claim 24 as stated in claim 5. The motivation to combine Yang and Chisu in the dependent claim consists of the same motivation as stated in claim 1. Claim 25 (New) Yang teaches limitations of claim 25 as stated in claim 6. The motivation to combine Yang and Chisu in the dependent claim consists of the same motivation as stated in claim 1. Claims 2, 3, 7, 22, 26 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of Chisu et al. (US 20240163822 A1) or Chisu in further view of Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar. 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.) 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 obtaining the data from an execution of an application of the device as disclosed by Nayeb Nazar to increase the efficiency of the system (i.e. to increase the accuracy of determining the utilizing of MISO or MIMO). 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, Chisu, and Nayeb Nazar in the dependent claim consists of the same motivation as stated in claim 2. Claim 7 Yang fails to explicitly teach limitations of claim 7. However, Nayeb Nazar, in the same field of endeavor, teaches, The device of claim 6, wherein the location of the device is specified as a distance of the device from the network infrastructure. (See Nayeb Nazar paragraph 0051, ...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.) The motivation to combine Yang, Chisu, and Nayeb Nazar in the dependent claim consists of the same motivation as stated in claim 2. Claim 22 (New) 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, Chisu, and Nayeb Nazar in the dependent claim consists of the same motivation as stated in claim 2. Claim 26 (New) Yang fails to explicitly teach limitations of claim 26. However, Nayeb Nazar, in the same field of endeavor, teaches limitations of claim 26 as stated in claim 7. The motivation to combine Yang, Chisu, and Nayeb Nazar in the dependent claim consists of the same motivation as stated in claim 2. 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 Chisu et al. (US 20240163822 A1) or Chisu 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 (New) 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 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 Chisu et al. (US 20240163822 A1) or Chisu 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 (New) 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 28 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of Chisu et al. (US 20240163822 A1) or Chisu in further view of Tarlazzi et al. (US 20110135308 A1) or Tarlazzi. Claim 28 Yang teaches, (New) 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, 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.) 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,… Nevertheless, Chisu, in the same field of endeavor, teaches, …by a processing system including a processor,… (See Chisu paragraph 0046, Controller 101 includes processor subsystem 110, which includes one or more central processing units (CPUs), depicted as data processor 179.) The motivation to combine Yang and Chisu 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 29 (New) Yang teaches limitations of claim 29 as stated in claim 6. The motivation to combine Yang, Chisu, and Tarrlazzi in the dependent claim consists of the same motivation as stated in claim 28. Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 20110207487 A1) or Yang in view of Chisu et al. (US 20240163822 A1) or Chisu in further view of Tarlazzi et al. (US 20110135308 A1) or Tarlazzi in further view of Nayeb Nazar et al. (US 20190190569 A1) or Nayeb Nazar. Claim 30 (New) Yang fails to explicitly teach limitations of claim 30. However, Nayeb Nazar, in the same field of endeavor, teaches limitations of claim 30 as stated in claim 7. The motivation to combine Yang, Chisu, and Tarlazzi in the dependent claim consists of the same motivation as stated in claim 28. The motivation to combine Yang, Chisu, and Nayeb Nazar in the dependent claim consists of the same motivation as stated in claim 7. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Joung et al. (US 20170214477 A1) or Joung teaches utilizing cyclic delay diversity or CDD with multiple input multiple output or MIMO. 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 05, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
2y 3m
Median Time to Grant
Low
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