DETAILED ACTION
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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 6 January 2025 and 17 January 2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation “are different” in line 12. It is unclear whether the at least two second code words have code rates different from each other or different than the code rate of the at least one first code word. If the difference is between the second code words and if there are three or more second code words, do they each need to have their own unique, different code rate? Would there need to be 10 uniquely different code rates for 10 second code words? For examining purposes, the examiner will interpret the claim as best understood.
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.
Claim 21 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a signal per se.
Step 1: Does the claim as a whole fall within any statutory category? No
[In the context of the flowchart in MPEP § 2106, subsection III]
Claim 21 recites, “A computer program product comprising instructions that are stored on a
computer-readable medium and that, when executed by a processor, cause an apparatus to:
perform …
perform…
generate…
send…”
In specification recites, as follows:
¶141 In addition, aspects or features of this application may be implemented as a method, an apparatus, or a product that uses standard programming and/or engineering technologies. The term “product” used in this application covers a computer program that can be accessed from any computer-readable component, carrier or medium. For example, a computer-readable medium may include but is not limited to: a magnetic storage device (for example, a hard disk, a floppy disk or a magnetic tape), an optical disc (for example, a compact disc (CD) and a digital versatile disc (DVD)), a smart card, and a flash memory component (for example, an erasable programmable read-only memory (EPROM), a card, a stick, or a key drive). In addition, various storage media described in this specification may indicate one or more devices and/or other machine-readable media that are configured to store information. The term “machine-readable media” may include but is not limited to a radio channel, and various other media that can store, contain, and/or carry instructions and/or data. [Emphasis added]
Analysis:
First, neither claim nor specification as whole does not provide what a computer-readable medium is. The specification has provided for the term “a computer-readable medium” by providing different type of medium with a clause “but it not limited to”.
Since the applicant fails inclusively and specifically provide antecedent basic to limit the specific statutory embodiments, “a computer-readable medium” belongs to the intrinsic non-statutory embodiments such as carrier signal, radio wave, light wave, and transmission medium/media. A claim whose BRI covers both statutory and non-statutory embodiments embraces subject matter that is not eligible for patent protection and therefore is directed to non-statutory subject matter. The BRI of machine readable media can encompass non-statutory transitory forms of signal transmission, such as a carrier signal, radio wave, light wave, and transmission medium/media.
Note that signal claims are not directed to a process since they do not cover an act or series of acts. No part of the signal is a mechanical “device” or “part”. A propagating electromagnetic signal is not a “machine” as that term is used in § 101. Signals, standing alone, are not “manufacture[s]” under the meaning of that term in § 101. A signal comprising a fluctuation in electric potential or in electromagnetic fields is not a “chemical union,” nor a gas, fluid, power, or solid. Signals are not “composition[s] of matter”. Thus, a transitory, propagating signal is not a “process, machine, manufacture, or composition of matter”. Those four categories define the explicit scope and reach of subject matter patentable under 35 U.S.C. § 101; thus, such a signal cannot be patentable subject matter, (see In re Nuijten, 500 F. 3d 1356 n.7 (Fed, Cir 2007).
In view of the above analysis, claim 21 is ineligible for patent protection as failing to be limited to embodiments which fall within a statutory category.
Claims 18-21 are also rejected since they depend on the rejected claim set forth above.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takaoka et al. US 2010/0202386 A1 (hereinafter referred to as “Takaoka”). Note: Takaoka was cited by the applicant in the IDS received 6 January 2025.
As to claim 1, Takaoka teaches a method comprising:
performing first encoding on at least one first code block to obtain at least one first code word, wherein each of the at least one first code block comprises a first information block and a first check block, and wherein the first check block checks the first information block (¶¶45-46, 145-146, and 148; see figures 1 and 13: encode code blocks of codeword#0 such that each encoded code block includes the original code block and respective CRC bits);
performing at least one type of second encoding on at least one second code block to obtain at least one second code word, wherein the at least one second code block comprises a second information block and a second check block, and wherein the second check block checks the second information block (¶¶45-46, 145-146, and 148; see figures 1 and 13: encode code blocks of codeword#1 such that each encoded code block includes the original code block and respective CRC bits);
generating a data packet comprising the at least one first code word and the at least one second code word, wherein a first code length of the first code word is greater than a second code length of the second code word (¶¶51, 76, 78-79, 84, 146, 148, and 174; see figures 1, 5, 13, and 16: map codeword#0 and codeword#1 for transmission (i.e., generate data packet), codeword#0 being larger than codeword#1); and
sending the data packet (¶¶52 and 149; see figures 1 and 13: transmit the signal).
As to claim 2, Takaoka teaches the communication method of claim 1, further comprising:
obtaining the first information block; and
generating the first check block, wherein the first check block corresponds to the first information block (¶¶44-46 and 145-146; see figures 1 and 13: receive raw code block and perform CRC encoding on the raw code block to generate an encoded code block including CRC bits corresponding to the code block).
As to claim 3, Takaoka teaches the communication method of claim 1, further comprising generating the second check block based on a portion of information other than the second check block in the at least one second code block (¶¶44-46 and 145-146; see figures 1 and 13: CRC bits are based on the code block, not the CRC bits themselves).
As to claim 4, Takaoka teaches the communication method of claim 1, wherein the second code block comprises redundant information located before the second check block (¶¶8 and 44: transport block CRC bits before CRC bits for the code block including the transport block CRC).
As to claim 5, Takaoka teaches the communication method of claim 1, wherein in the at least one second code block, the second check block is located in one or more consecutive code blocks (¶¶44-46 and 145-146; see figures 1 and 13: CRC is located in each code block).
As to claim 6, Takaoka teaches the communication method of claim 1, wherein the data packet comprises L data groups, wherein the L data groups comprise L1 first data groups and one second data group, wherein each of the L1 first data groups comprises n first code words, wherein the second data group comprises the at least one second code word, and wherein L1 and n are greater than or equal to 1 (¶174; see figure 16: data groups for codeword#0 and codeword#1, codeword#0 comprising 4 code blocks, codeword#1 comprising at least one code block).
As to claim 7, Takaoka teaches the communication method of claim 6, further comprising receiving L pieces of feedback information corresponding to the data packet, wherein the L pieces of feedback information correspond to the L data groups (¶¶8 and 68: receiving side decodes the data packet and feeds back a response signal including feedback for each transport block).
As to claim 8, Takaoka teaches the communication method of claim 1, wherein n meets n=ceil(H/(L-1)), and wherein H is a total quantity of the at least one first code word (¶174; see figure 16: 1 = 1/1).
As to claim 9, Takaoka teaches the communication method of claim 8, wherein when mod(H, (L-1))>0, the L data groups further comprise L2 third data groups, and each of the L2 third data groups comprises p first code words, wherein L2 is a positive integer less than L-L1, and p meets p=floor(H/(L-1)) (¶¶168-174; see figures 15-16: mod(3, 2) > 0 when there are 3 first codewords (2 additional first codewords so L2 = 2, which is less than 4 – 1 (total codewords minus initial first codeword)) and 1 = floor(3/2)).
As to claim 10, Takaoka teaches the communication method of claim 9, wherein L-1 meets L1=mod(H, (L-1)), and wherein L2 meets L2=L-mod(H, (L-1))-1 (¶¶168-174; see figures 15-16: 1 initial first codeword = mod(3,2) and 2 additional first codewords = 4 – 1 – 1).
As to claim 11, Takaoka teaches the communication method of claim 1, wherein the at least one first code word comprises a plurality of first code words each having a same code length (¶¶79, 84, and 168-174; see figures 5 and 15-16: codewords grouped into codewords having the same length).
As to claim 12, Takaoka teaches the communication method of claim 1, wherein the at least one second code word comprises at least two second code words whose code rates that are different (¶¶95-115; see figures 8-9: embodiment 3 discusses methods for encoded code blocks/code words having different code rates).
As to claim 13, Takaoka teaches the communication method of claim 1, wherein the at least one second code word comprises a plurality of second code words, wherein a code length sum of the plurality of second codes words is less than the first code length of the first code word (¶¶79 and 84; see figure 5: code length sum of encoded code blocks/code words #0 and #1 is less than code length of encoded code block/code word #2).
As to claim 14, claim 14 is rejected the same way as claim 1.
As to claim 15, claim 15 is rejected the same way as claim 2.
As to claim 16, claim 16 is rejected the same way as claim 3.
As to claim 17, claim 17 is rejected the same way as claim 4.
As to claim 18, claim 18 is rejected the same way as claim 5.
As to claim 19, claim 19 is rejected the same way as claim 6.
As to claim 20, claim 20 is rejected the same way as claim 7.
As to claim 21, claim 21 is rejected the same way as claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Pi et al., US 2009/0019337 A1 – Methods and Apparatus to Compute CRC for Multiple Code Blocks
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN T VAN ROIE whose telephone number is (571)270-0308. The examiner can normally be reached Monday - Friday 8:00am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian N Moore can be reached at 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN T VAN ROIE/ Primary Examiner, Art Unit 2469