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 .
Status of Claims
This action is in response to application filed on 04/07/2026.
Claims 1-5 have been examined and are pending with this action.
Claims rejection 35 USC 112 has been withdrawn based on the amendment filed on 4/7/2026.
Response to Arguments
Applicant’s arguments filed in the amendment filed 4/07/2026, have been fully considered and are nor persuasive based on explanation provided below.
Applicant:
Applicant argues that provided prior arts do not disclose a transmitter that transmits capability information.
Examiner:
Examiner cites that the primary provided art discloses a transmitter that transmits capability information comprising [(FEEDBACK ): “ it is a signal processing technique that may be used at a transmitter or receiver (for example, a base station 105 or a UE 115) & The UE 115 described herein may be capable of communicating with various types of base stations 105 and network devices, including macro eNBs, small cell eNBs, gNBs, relay base stations”].
The base station 104 or UE 115, which in our case would be UE 115 is disclosed to have a transmitter and is capable of communicating with various types of base stations 105 and network devices, including macro eNBs, small cell eNBs, gNBs, relay base stations”]. This basically is the idea of amended limitations.
Applicant argument that secondary art and 3rd art do not disclose the deficiencies of primary art are also not persuasive as Primary art discloses the amended limitation of independent claims.
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 of this title, 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.
Claim 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Common Feedback Techniques in the Radio Frequency Spectrum (TH 2101007032) referenced as hereinafter Feedback in view of Adaptive Modulation in Hybrid Vehicle Communication Systems et al (JP # 2016537886 ) referenced as hereinafter Adaptive in further view of Shao et al (US Pub # 2020/0343995).
INDEPENDENT CLAIMS:
As per claim 1, FEEDBACK discloses a terminal [(FEEDBACK): “ UEs 115 This may also be referred to as a mobile device, wireless device, remote device, handheld device, or subscriber device.”] comprising:
a transmitter that transmits capability information comprising [(FEEDBACK ): “ it is a signal processing technique that may be used at a transmitter or receiver (for example, a base station 105 or a UE 115) & The UE 115 described herein may be capable of communicating with various types of base stations 105 and network devices, including macro eNBs, small cell eNBs, gNBs, relay base stations”] a feedback [(FEEDBACK ): “New Data Identifier (NDI) associated with the downlink transmission for which feedback is provided.”] to be used in selecting a modulation method used on a downlink channel [(FEEDBACK ): “The number of bits carried by each resource element may depend on the modulation scheme (for example, the rank of the modulation scheme). The more resource elements the UE 115 receives, and the higher the rank of the modulation scheme, the higher the data rate may be for the UE 115.”] ; and
FEEDBACK does not explicitly teach content of feedback, multiple modulation scheme and index.
Adaptive however discloses processor that determines a content of the feedback [(Adaptive ): “ first content to be transmitted to said device using a wireless network contained within said vehicle; Causing a hybrid transmission information collector to transmit feedback information from the vehicle.”] ;
wherein the content of the feedback includes at least one of an information element that explicitly or implicitly indicates a desired modulation scheme [(Adaptive ): “ The appropriate or desired subsequently used modulation scheme may be determined from a plurality of predetermined modulation scheme & , the onboard node 120 may receive one or more appropriate or desired subsequently used modulation schemes and / or other feedback information content based on the current geographic spatial location of the vehicle 102x”] ,
an information element that explicitly or implicitly indicates a difference between a current modulation scheme and a desired modulation scheme [(Adaptive ): “ The system includes: a hybrid transmission information distributor that is communicatively connected to a vehicle in flight via a forward link included in the first wireless communication link (here) And the forward link supports multiple modulation schemes, and each modulation scheme is included in the multiple modulation schemes corresponding to each performance level).”] .
Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of FEEDBACK in view of Adaptive to figure out feedback content and multiple modulation schemes. One would be motivated to do so because this enhances the system of hybrid vehicle communication systems. (Adaptive : [ABs]).
Modified FEEDBACK does not explicitly teach index of modulation scheme.
Shao however discloses an information element that indicates an index that is explicitly or implicitly associated with a difference between a current modulation scheme and a desired modulation scheme [Shao): [0163 -0169]: where the modulation and coding scheme table is at least one of a plurality of modulation and coding scheme tables; a modulation and coding scheme index offset value indicated by the DCI & terminal device determines the MCS index, and determines, based on the modulation and coding scheme table indicated by the DCI, the MCS information corresponding to the MCS index”] .
Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified FEEDBACK in view of Shao to figure out index of modulation scheme. One would be motivated to do so because this enhances determination of modulation and coding scheme index. (Shao: [ABs]).
Claims 4-5 are rejected based on rationale provided from claim 1 rejection.
DEPENDENT CLAIMS:
As per claim 2, FEEDBACK /Adaptive /Shao discloses the terminal of claim 1, wherein the index of the desired modulation scheme is selected from a table defined for the feedback ((Shao): [0010]: “the first information is determined based on the received DCI (the index), and the first information includes at least one of the following: a modulation and coding scheme table indicated by the DCI; a modulation and coding scheme index offset value indicated by the DCI; a feedback time interval indicated by the DCI; and A-CSI indicated by the DCI.”] .
Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified FEEDBACK in view of Shao to figure out index of modulation scheme. One would be motivated to do so because this enhances determination of modulation and coding scheme index. (Shao: [ABs]).
As per claim 3, FEEDBACK /Adaptive /Shao discloses the terminal of claim 1, wherein the index associated with the difference between the current modulation scheme and the desired modulation scheme is selected from a table defined for the feedback [Shao): [0010]: “includes at least one of the following: a modulation and coding scheme table (desired modulation and scheme), where the modulation and coding scheme table is at least one of a plurality of modulation and coding scheme tables; a modulation and coding scheme index offset value; a search space in which the DCI is located; a feedback time interval,.”] .
Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified FEEDBACK in view of Shao to figure out index of modulation scheme. One would be motivated to do so because this enhances determination of modulation and coding scheme index. (Shao: [ABs]).
Conclusion
This action is made Final. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes:
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sibte Bukhari whose telephone number is (571) 270-7122. The examiner can normally be reached on M-F 9:00 - 6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Srivastava can be reached on (571) 272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIBTE H BUKHARI/Examiner, Art Unit 2449
Prosecution Insights