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 11/16/2023.
Claims 1-5 have been examined and are pending with this action.
Priority
Examiner acknowledges that the Applicant claims a priority benefit of JAPAN 2021-085269 0filed on 5/20/2021.
Drawings
The drawings were received on 11/16/2023 and these drawings are accepted.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/16/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Oath/Declaration
The oath or declaration filed on 11/16/2023 has been acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 1-3 limitation “a transmission unit that transmits…..,” and “a control unit that determines a content…..,” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because they use means for coupled with functional language without reciting sufficient structure to achieve the function.
Because the claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this limitation interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Specification cites in [0098, Fig. 2 and Fig. 9] that, the above-mentioned gNB100 and UE200 (the device) may function as a computer for processing the radio communication method of the present disclosure. FIG. 9 is a diagram showing an example of the hardware configuration of the device. As shown in FIG. 9, the device may be configured as a computer device including a processor 1001, a memory 1002”. Examiner would encourage Applicant to include that mentioned structure in the claim language.
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 transmission unit that transmits 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 control unit 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. This includes:
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/SIBTE H BUKHARI/Examiner, Art Unit 2449