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 .
Response to Amendment
This Action is in response to Applicant’s amendment filed on 03/27/2026. Claims 1-19 are still pending in the present application. This Action is made FINAL.
Claim Rejections - 35 USC § 103
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.
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:
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 and 18-19 are rejected under 35 U.S.C. 103 as being un-patentable over Mo US Patent Application No.:( US 2017/0332264 A1) hereinafter referred as Mo, in view of Murakami et al US Patent Application No.:( US 2014/0219389 A1) hereinafter referred as Murakami.
For claim 1, Mo discloses a reference signal sequence configuration method, comprising:
determining a modulation mode of a data sequence (paragraph [0107], lines 10-17 Specifically, the network-side device obtains the right to use the determined available channel directly or by means of competition. Before the UE reports the measurement result according to the measurement reference signal, the network side device sends data in a conservative sending mode or a low-level modulation coding mode ); and
determining a modulation mode of a reference signal sequence according to the modulation mode of the data sequence (paragraph [0181], lines 8-15 disclosing the modulation coding mode according to the measurement of the reference signal). However, Mo disclose all the subject matter of the claimed invention with the exemption of the constellation diagram of the reference signal sequence is associated with a time domain position as recited in claim 2.
Murakami from the same or analogous art teaches the wherein a constellation diagram of the reference signal sequence is associated with a time domain position (see fig. 11 and 20a)(paragraph [1889], lines 4-12). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the constellation diagram of the reference signal sequence is associated with a time domain position as taught by Murakami into the device for measuring unauthorized carrier of Mo.
The constellation diagram of the reference signal sequence is associated with a time domain position can be modify/implemented by combining the constellation diagram of the reference signal sequence is associated with a time domain position with the device. This process is implemented as a hardware solution or as firmware solutions of Murakami into the device for measuring unauthorized carrier of Mo. As disclosed in Murakami, the motivation for the combination would be to use the constellation diagram of the reference signal sequence is associated with a time domain position that will help to the system synchronization , interference management and channel estimation, becoming more efficient and reliable for a better communication.
For claim 2, Mo disclose all the subject matter of the claimed invention with the exemption of the modulation mode of the reference signal sequence being the same as the modulation mode of the data sequence; or the modulation mode of the reference signal sequence being different from the modulation mode of the data sequence as recited in claim 2.
Murakami from the same or analogous art teaches the modulation mode of the reference signal sequence being the same as the modulation mode of the data sequence; or the modulation mode of the reference signal sequence being different from the modulation mode of the data sequence (paragraph [0477], lines 1-9). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the modulation mode of the reference signal sequence being the same as the modulation mode of the data sequence; or the modulation mode of the reference signal sequence being different from the modulation mode of the data sequence as taught by Murakami into the device for measuring unauthorized carrier of Mo.
The modulation mode of the reference signal sequence being the same as the modulation mode of the data sequence; or the modulation mode of the reference signal sequence being different from the modulation mode of the data sequence can be modify/implemented by combining the modulation mode of the reference signal sequence being the same as the modulation mode of the data sequence; or the modulation mode of the reference signal sequence being different from the modulation mode of the data sequence with the device. This process is implemented as a hardware solution or as firmware solutions of Murakami into the device for measuring unauthorized carrier of Mo. As disclosed in Murakami, the motivation for the combination would be to use the modulation mode of the reference signal sequence being the same as the modulation mode of the data sequence that will help to simplified implementation using the same modulation becoming more efficient and reliable for a better communication.
For claim 3, Mo disclose all the subject matter of the claimed invention with the exemption of the time domain position comprises one of a time domain position before oversampling or a time domain position before upsampling as recited in claim 3.
Murakami from the same or analogous art teaches the time domain position comprises one of a time domain position before oversampling or a time domain position before upsampling (paragraph [1759] and [1762], lines 1-9). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the time domain position comprises one of a time domain position before oversampling or a time domain position before upsampling as taught by Murakami into the device for measuring unauthorized carrier of Mo.
The time domain position comprises one of a time domain position before oversampling or a time domain position before up-sampling can be modify/implemented by combining the time domain position comprises one of a time domain position before oversampling or a time domain position before up-sampling with the device. This process is implemented as a hardware solution or as firmware solutions of Murakami into the device for measuring unauthorized carrier of Mo. As disclosed in Murakami, the motivation for the combination would be to use the time domain position comprises one of a time domain position before oversampling will maintain the original, lower data rate as reference point becoming more efficient and reliable for a better communication help to simplified implementation using the same modulation becoming more efficient and reliable for a better communication.
For claim 4, Mo disclose all the subject matter of the claimed invention with the exemption of the data block comprises the reference signal sequence and the data sequence, and the data block satisfies a modulation rule of the data sequence as recited in claim 4.
Murakami from the same or analogous art teaches the data block comprises the reference signal sequence and the data sequence, and the data block satisfies a modulation rule of the data sequence (paragraph [1882]-[1883], lines 1-9). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the data block comprises the reference signal sequence and the data sequence, and the data block satisfies a modulation rule of the data sequence as taught by Murakami into the device for measuring unauthorized carrier of Mo.
The data block comprises the reference signal sequence and the data sequence, and the data block satisfies a modulation rule of the data sequence can be modify/implemented by combining the data block comprises the reference signal sequence and the data sequence, and the data block satisfies a modulation rule of the data sequence with the device. This process is implemented as a hardware solution or as firmware solutions of Murakami into the device for measuring unauthorized carrier of Mo. As disclosed in Murakami, the motivation for the combination would be to use the data block comprises the reference signal sequence and the data sequence, and the data block satisfies a modulation rule of the data sequence will maintain the original, lower data rate as reference point becoming more efficient and reliable for a better communication help to simplified implementation using the same modulation becoming more efficient and reliable for a better communication.
For claim 5, Mo disclose all the subject matter of the claimed invention with the exemption of the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block as recited in claim 5.
Murakami from the same or analogous art teaches the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block (paragraph [1771] and [1776], lines 1-9). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block as taught by Murakami into the device for measuring unauthorized carrier of Mo.
The data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block can be modify/implemented by combining the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block with the device. This process is implemented as a hardware solution or as firmware solutions of Murakami into the device for measuring unauthorized carrier of Mo. As disclosed in Murakami, the motivation for the combination would be to use the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block improving the channel estimation and will improve the performance becoming more efficient and reliable.
For claim 6, Mo disclose all the subject matter of the claimed invention with the exemption of the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block as recited in claim 6.
Murakami from the same or analogous art teaches the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block (paragraph [0723], lines 9-19). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block as taught by Murakami into the device for measuring unauthorized carrier of Mo.
The data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block can be modify/implemented by combining the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block with the device. This process is implemented as a hardware solution or as firmware solutions of Murakami into the device for measuring unauthorized carrier of Mo. As disclosed in Murakami, the motivation for the combination would be to use the data block consisting of the reference signal sequence, the modulation mode of the reference signal sequence is the same as a modulation mode of a data sequence in a data block adjacent to the one data block improving the channel estimation and will improve the performance becoming more efficient and reliable.
For claim 7, Mo disclose all the subject matter of the claimed invention with the exemption of the each data block comprises intermediate reference signal sequences discretely distributed, and each of the intermediate reference signal sequences is the same or different as recited in claim 7.
Murakami from the same or analogous art teaches each data block comprises intermediate reference signal sequences discretely distributed, and each of the intermediate reference signal sequences is the same or different (paragraphs [1799]-[1803], lines 1-5). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the each data block comprises intermediate reference signal sequences discretely distributed, and each of the intermediate reference signal sequences is the same or different as taught by Murakami into the device for measuring unauthorized carrier of Mo.
The each data block comprises intermediate reference signal sequences discretely distributed, and each of the intermediate reference signal sequences is the same or different can be modify/implemented by combining the each data block comprises intermediate reference signal sequences discretely distributed, and each of the intermediate reference signal sequences is the same or different with the device. This process is implemented as a hardware solution or as firmware solutions of Murakami into the device for measuring unauthorized carrier of Mo. As disclosed in Murakami, the motivation for the combination would be to use the data block comprises intermediate reference signal sequences discretely distributed, the same or different intermediate reference signal (RS) sequences provides distinct benefits, primarily related to managing interference, facilitating channel estimation, and optimizing system overhead
For claim 18, Mo disclose a reference signal configuration device, comprising a communication module, a memory, and one or more processors, wherein,
the communication module is configured to perform a communication interaction between a transmitting end and a receiving end (see fig. 7); and
the memory is configured to store one or more programs;
wherein the one or more programs, when executed by the one or more processors (see fig. 7), cause the one or more processors to implement the method of claim 1 a reference signal sequence configuration method, and the reference signal sequence configuration method comprises:
determining a modulation mode of a data sequence (paragraph [0107], lines 10-17 Specifically, the network-side device obtains the right to use the determined available channel directly or by means of competition. Before the UE reports the measurement result according to the measurement reference signal, the network side device sends data in a conservative sending mode or a low-level modulation coding mode ); and
determining a modulation mode of a reference signal sequence according to the modulation mode of the data sequence (paragraph [0181], lines 8-15 disclosing the modulation coding mode according to the measurement of the reference signal). However, Mo disclose all the subject matter of the claimed invention with the exemption of the constellation diagram of the reference signal sequence is associated with a time domain position as recited in claim 18.
Murakami from the same or analogous art teaches the wherein a constellation diagram of the reference signal sequence is associated with a time domain position (see fig. 11 and 20a)(paragraph [1889], lines 4-12). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the constellation diagram of the reference signal sequence is associated with a time domain position as taught by Murakami into the device for measuring unauthorized carrier of Mo.
The constellation diagram of the reference signal sequence is associated with a time domain position can be modify/implemented by combining the constellation diagram of the reference signal sequence is associated with a time domain position with the device. This process is implemented as a hardware solution or as firmware solutions of Murakami into the device for measuring unauthorized carrier of Mo. As disclosed in Murakami, the motivation for the combination would be to use the constellation diagram of the reference signal sequence is associated with a time domain position that will help to the system synchronization , interference management and channel estimation, becoming more efficient and reliable for a better communication.
For claim 19, Mo disclose a non-transitory storage medium storing a computer program, wherein the computer program, when executed by a processor, implements the method claim 1 a reference signal sequence configuration method, and the reference signal sequence configuration method comprises:
determining a modulation mode of a data sequence (paragraph [0107], lines 10-17 Specifically, the network-side device obtains the right to use the determined available channel directly or by means of competition. Before the UE reports the measurement result according to the measurement reference signal, the network side device sends data in a conservative sending mode or a low-level modulation coding mode ); and
determining a modulation mode of a reference signal sequence according to the modulation mode of the data sequence (paragraph [0181], lines 8-15 disclosing the modulation coding mode according to the measurement of the reference signal). However, Mo disclose all the subject matter of the claimed invention with the exemption of the constellation diagram of the reference signal sequence is associated with a time domain position as recited in claim 19.
Murakami from the same or analogous art teaches the wherein a constellation diagram of the reference signal sequence is associated with a time domain position (see fig. 11 and 20a)(paragraph [1889], lines 4-12). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the constellation diagram of the reference signal sequence is associated with a time domain position as taught by Murakami into the device for measuring unauthorized carrier of Mo.
The constellation diagram of the reference signal sequence is associated with a time domain position can be modify/implemented by combining the constellation diagram of the reference signal sequence is associated with a time domain position with the device. This process is implemented as a hardware solution or as firmware solutions of Murakami into the device for measuring unauthorized carrier of Mo. As disclosed in Murakami, the motivation for the combination would be to use the constellation diagram of the reference signal sequence is associated with a time domain position that will help to the system synchronization , interference management and channel estimation, becoming more efficient and reliable for a better communication.
Claim 17 is rejected under 35 U.S.C. 103 as being un-patentable over Mo US Patent Application No.:( US 2017/0332264 A1) hereinafter referred as Mo, in view of Murakami et al US Patent Application No.:( US 2014/0219389 A1) hereinafter referred as Murakami, in further view of Liu et al US Patent Application No.:( US 2013/0083768 A1) hereinafter referred as Liu.
For claim 17, Mo discloses all the subject matter of the claimed invention with the exemption of the reference signal sequence comprises one of demodulation reference signal (DMRS) sequence, a phase tracking reference signal (PTRS) sequence, or a sounding reference signal (SRS) sequence as recited in claim 17.
Liu from the same or analogous art teaches the reference signal sequence comprises one of demodulation reference signal (DMRS) sequence, a phase tracking reference signal (PTRS) sequence, or a sounding reference signal (SRS) sequence (paragraph [0074]-[0075], [0085] and [0091], lines 4-12). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the reference signal sequence comprises one of demodulation reference signal (DMRS) sequence, a phase tracking reference signal (PTRS) sequence, or a sounding reference signal (SRS) sequence as taught by Liu into the device for measuring unauthorized carrier of Mo.
The reference signal sequence comprises one of demodulation reference signal (DMRS) sequence, a phase tracking reference signal (PTRS) sequence, or a sounding reference signal (SRS) sequence can be modify/implemented by combining the reference signal sequence comprises one of demodulation reference signal (DMRS) sequence, a phase tracking reference signal (PTRS) sequence, or a sounding reference signal (SRS) sequence with the device. This process is implemented as a hardware solution or as firmware solutions of Liu into the device for measuring unauthorized carrier of Mo. As disclosed in Liu, the motivation for the combination would be to use the reference signal sequence comprises a sounding reference signal (SRS) sequence sent by User Equipment (UE) to the base station, provides vital channel quality info, enabling efficient uplink scheduling, power control, beamforming, and MIMO, especially across wide bandwidths, by allowing the network to find the best frequency regions for communication, unlike Demodulation Reference Signals (DMRS) limited to allocated channels. Its benefits include improved resource use, better UE performance, accurate timing, and enhanced multi-antenna techniques
Allowable Subject Matter
Claims 8-16 are objected as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed on 03/27/2026, with respect to claim 1 has been fully considered but they are not persuasive.
Applicant asserts that Murakami does not teach in claim 1, "…wherein a constellation diagram of the reference signal sequence is associated with a time domain position". However, the Examiner respectfully disagrees with such assertion. (See below for further clarification).
For clarification purposes the examiner interpreted the constellation diagram as representation of a signal modulated by digital schemes such as Quadrature Amplitude Modulation (QAM) or Phase-Shift Keying (PSK).
In response to the preceding argument examiner respectfully submits that Murakami teaches "…wherein a constellation diagram of the reference signal sequence is associated with a time domain position". Murakami teaches the QAM are alternately set as the modulation scheme applied to s1(t) in the time domain, and the same applies to the modulation scheme set to s2(t). The modulation unit modulates the combined data signal 13102 in a modulation scheme whose number of constellation points is equal to a product of multiplication of the respective numbers of constellation points of the acquired two modulation schemes. Then, the modulation unit 13103 outputs a modulated signal 13104 resulting from modulation performed in the new modulation scheme (QAM in this case) to the distribution unit 13105 as discloses in paragraphs [1500] and [1888]-[1889]. Therefore, the QAM, the transmitted signal is oversampled, and the constellation diagram can be generated by decimating the samples to one per symbol, ensuring that each plotted point corresponds to the correct time-domain position of the reference symbol.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Mo US Patent Application No.:( US 2017/0332264 A1) hereinafter referred as Mo, in view of Murakami et al US Patent Application No.:( US 2014/0219389 A1) hereinafter referred as Murakami. Mo discloses the network-side device obtains the right to use the determined available channel directly. After obtaining the right of use, the network-side device enters the time period of occupying the available channel. During the time period, the network-side device may send a downlink control signal separately or together with activation signaling of a Slave cell (Scell), send the measurement reference signal to the UE, and schedule the UE to report CSI measurement and RRM measurement. Before the UE reports the measurement result according to the measurement reference signal, the network-side device sends data in a conservative sending mode or a low-level modulation coding mode, such as diversity sending and Binary Phase Shift Keying (BPSK). Murakami discloses the of the modulation scheme such as BPSK, QPSK, 8QAM, 16-QAM, and 64-QAM. Alternatively, PAM (Pulse Amplitude Modulation) may be used as the modulation scheme. One skilled in the art will recognize that the use of one modulation scheme could be modified by using different modulation scheme.
The prior art should be considered as a whole. See also MPEP § 2141.02 [R-5] Paragraph VI. Claims must be given the broadest reasonable interpretation during examination and limitations appearing in the specification but not recited in the claim are not read into the claim (See M.P.E.P. 2111 [R-l]).
Conclusion
THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM.
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, Rafael Perez-Gutierrez can be reached on (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSEPH AREVALO/ Primary Examiner, Art Unit 2642
Prosecution Insights