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 .
Applicant’s amendment filed 4/14/2026 is acknowledged.
Claims 1, 3-6, 8, and 9 are amended.
Abstract is amended.
Response to Amendment
Amendments filed on 4/14/2026 are entered for prosecution. Claims 1-9 remain pending in the application.
Applicant’s amendments to Abstract have overcome the objection to Abstract previously set forth in the Non-Final Action mailed on 1/15/2026.
Applicant’s amendments to claims 1, 8, and 9 have overcome the objection to claims 1, 8, and 9 previously set forth in the Non-Final Action mailed on 1/15/2026.
Applicant’s amendment to claim 1 has overcome the 112(b) Rejections to claims 1-9 previously set forth in the Non-Final Action mailed on 1/15/2026.
Response to Arguments
Applicant’s arguments with respect to independent claim 1 (pages 6-9) in a reply filed 4/14/2026 have been considered but are moot because the arguments are based on newly changed limitations in the amendment and new ground of rejections are applied in the current rejection.
Claim Objections
Claims 1-7 are objected because of the following informalities:
It is suggested to amend the claims as follows.
1. (Currently Amended) A communication method for a telecommunication system comprising a destination (d) and N nodes with M sources (S1, …, SM) and N−M relays, wherein N≥M≥2, the communication method comprising:
a first phase during which the destination receives M messages transmitted successively by the M sources, each message corresponding to a first redundancy (RV0)[[,]]; and
a second phase comprising the following steps implemented by the destination (d):
broadcasting a message identifying one or more undecoded sources, an undecoded source being a source among the M sources for which the destination has not decoded without error the message transmitted by the undecoded source ;
receiving, from a set of nodes, at least one identifier of at least one undecoded source si among the one or more undecoded sources, the set of nodes comprising at least two nodes of the telecommunication system that decoded without error the message transmitted by the at least one undecoded source si during the first phase[[,]];
broadcasting a request for retransmitting the message transmitted by the at least one undecoded source si during the first phase[[,]]; and
receiving a same second redundancy of the message transmitted by the at least one undecoded source si during the first phase, the same second redundancy being retransmitted simultaneously in a same time slot by the at least two nodes of the set of nodes that decoded without error the message transmitted by the at least one undecoded source si during the first phase.
3. (Currently Amended) The communication method according to claim 1, further comprising selecting the at least one undecoded source si from a set of undecoded sources whose identifiers are received from the set of nodes that decoded without error at least one set of undecoded sources to the destination.
4. (Currently Amended) The communication method according to claim [[2]]3, wherein the selected at least one undecoded source si is the source for which a signal-to-noise ratio associated with a composite transmission channel, consisting of all the transmission channels established between each of the set of nodes that decoded without error the message transmitted by the at least one undecoded source si and the destination, is the highest.
5. (Currently Amended) The communication method according to claim 1, wherein, when each of the nodes that decoded without error the message transmitted by the at least one undecoded source si knows the phase Φa,d of the transmission channel linking it to the destination (d), each node transmits the same second redundancy of the message transmitted by the at least one undecoded source si modulated by a phase factor e−jΦ a,d =ha,d*/|ha,d| with j2=−1 and where ha,d*/|ha,d| corresponds to the conjugate ha,d* of the transmission channel ha,d linking node a to the destination (d) divided by its modulus |ha,d|.
6. (Currently Amended) The communication method according to claim 4, wherein, a first group of nodes that decoded without error the message transmitted by the at least one undecoded source si knowing the phase Φa,d of the transmission channel linking it to the destination (d) and a second group of nodes that decoded without error the message sent by the at least one undecoded source si not knowing the phase Φa,d of the transmission channel linking it to the destination (d), each node belonging to the first group transmits the same second redundancy of the message transmitted by the at least one undecoded source si modulated by a phase factor e−jΦ a,d =ha,d*/|ha,d| with j2=−1, and each node belonging to the second group transmits the same redundancy of the message transmitted by the at least one undecoded source si without phase correction.
7. (Currently Amended) The communication method according to claim 1, wherein the M messages intended to be transmitted by the M sources (S1, …, SM) are coded using an incremental redundancy code and segmented into a plurality of redundancy blocks corresponding to different redundancy versions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-3 and 7-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 8-10 of copending Application No. 18/875,063 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the referenced copending application and would be covered by any patent granted on that copending application since the referenced copending application and the instant application are claiming common subject matter, as follows:
18/575,593 (Instant Application)
18/875,063 (Reference Application)
Claim 1:
1. A communication method for a telecommunication system comprising a destination (d) and N nodes with M sources (S1, …, SM) and N−M relays, wherein N≥M≥2, the communication method comprising a first phase during which the destination receives M messages transmitted successively by the M sources, each message corresponding to a first redundancy (RV0), and a second phase comprising the following steps implemented by the destination (d):
broadcasting a message identifying one or more undecoded sources, an undecoded source being a source among the M sources for which the destination has not decoded without error the message the undecoded source transmitted during the first phase,
receiving from a set of nodes, at least one identifier of at least one undecoded source si among the one or more undecoded sources, the set of nodes comprising at least two nodes of the telecommunication system that decoded without error the message transmitted by the undecoded source si during the first phase,
broadcasting a request for retransmitting the message transmitted by the at least one undecoded source si during the first phase, and
receiving a same second redundancy of the message transmitted by the undecoded source si during the first phase, the same second redundancy being retransmitted simultaneously in a same time slot by the at least two nodes of the set of nodes that decode without error the message transmitted by the undecoded source si during the first phase.
Claim 1:
1. A transmission method for an Orthogonal Multiple-Access Multiple-Relay Channel (OMAMRC) telecommunications system with N nodes and a destination (d) comprising at least two antennas in reception, the N nodes comprising M sources (s1, …, sM), possibly L relays (r1, …, rL) with M≥2, L≥0, the method comprising a first phase during which the destination receives first redundancies (RV0) of messages transmitted successively by the M sources, the message of a source having been coded before transmission by a coding of the incremental redundancy type comprising several redundancies and a second phase comprising the following implemented by the destination (d):
broadcasting a control message identifying one or more sources for which it has not decoded the transmitted message without error, referred to as undecoded sources,
receiving at least one identifier from at least one source si undecoded by the destination transmitted by a first set of nodes comprising at least one first node and one second node, taken from among the N nodes, having decoded without error the message from a source si,
determining, a first coefficient and a second coefficient from a matrix representing of a multiple-input multiple-output transmission channel established between the at least two nodes and at least two antennas in reception of the destination, called first and second precoding coefficients of the first node and second node respectively of the first set,
transmitting a retransmission request of the message from the source si to the at least two nodes, the retransmission request comprising the first precoding coefficient and the second precoding coefficient, and
receiving a second redundancy of the message from the source si transmitted by the first and second nodes, the second redundancy having been coded by the first node using the first precoding coefficient received and by the second node using the second precoding coefficient received.
Claim 2:
2. The communication method according to claim 1, wherein the first and second redundancy versions are different.
Claim 2:
2. The transmission method according to claim 1, wherein the first and second redundancy versions are different.
Claim 3:
3. The communication method according to claim 1, further comprising selecting the undecoded source si from a set of undecoded sources whose identifiers are received from the nodes that decoded without error the messages transmitted by the undecoded sources to the destination.
Claim 3:
3. The transmission method according to claim 1, further comprising selecting the source si from a set of undecoded sources whose identifiers are received from the nodes, taken from the M sources and the L relays having decoded without error at least one message transmitted by the undecoded sources to the destination.
Claim 7:
7. The communication method according to claim 1, wherein the messages intended to be transmitted by the M sources (S1, …, SM) are coded using an incremental redundancy code and segmented into a plurality of redundancy blocks corresponding to different redundancy versions.
Claim 8:
8. The transmission method according to claim 1, wherein the messages intended to be transmitted by the M sources (s1, …, sM) are encoded by means of an incremental redundancy code and segmented into a plurality of redundancy blocks corresponding to different redundancy versions.
Claim 8:
8. A system comprising a destination (d) and N nodes with M sources (S1, …, SM), and N−M relays, wherein N≥M≥2, for implementing the communication method according to claim 1.
Claim 9:
9. A system comprising M sources (s1, …, sM), L relays (r1, …, rL) and a destination (d), M≥2, L≥0, for implementing a transmission method according to claim 1.
Claim 9:
9. A processing circuit comprising a processor and a memory, wherein the memory stores program code instructions of a computer program for implementing the communication method according to claim 1, when the computer program is executed by the processor.
Claim 10:
10. A processing circuit comprising a processor and a memory, the memory storing program code instructions of a computer program to execute the transmission method according to claim 1, when the computer program is executed by the processor.
This is a provisional nonstatutory double patenting rejection because the patentability indistinct claims have not in fact been patented.
Claims 1, 8, and 9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, and 10 of copending Application No. 18/879,732 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is fully disclosed in the referenced copending application and would be covered by any patent granted on that copending application since the referenced copending application and the instant application are claiming common subject matter, as follows:
18/575,593 (Instant Application)
18/879,732 (Reference Application)
Claim 1:
1. A communication method for a telecommunication system comprising a destination (d) and N nodes with M sources (S1, …, SM) and N−M relays, wherein N≥M≥2, the communication method comprising a first phase during which the destination receives M messages transmitted successively by the M sources, each message corresponding to a first redundancy (RV0), and a second phase comprising the following steps implemented by the destination (d):
broadcasting a message identifying one or more undecoded sources, an undecoded source being a source among the M sources for which the destination has not decoded without error the message the undecoded source transmitted during the first phase,
receiving from a set of nodes, at least one identifier of at least one undecoded source si among the one or more undecoded sources, the set of nodes comprising at least two nodes of the telecommunication system that decoded without error the message transmitted by the undecoded source si during the first phase,
broadcasting a request for retransmitting the message transmitted by the at least one undecoded source si during the first phase, and
receiving a same second redundancy of the message transmitted by the undecoded source si during the first phase, the same second redundancy being retransmitted simultaneously in a same time slot by the at least two nodes of the set of nodes that decode without error the message transmitted by the undecoded source si during the first phase.
Claim 1:
1. A transmission method intended for an Orthogonal Multiple-Access Multiple-Relay Channel (OMAMRC), telecommunications system with N nodes and a destination, the N nodes comprising M sources (S1, …, SM) and optionally L relays (r1, …, rL), with M≥2, L≥0, comprising a first phase during which the destination receives first redundancies of messages transmitted successively by the M sources, the message of a source having been encoded before transmission by an incremental redundancy type encoding comprising several redundancies and a second phase comprising the following implemented by the destination:
broadcasting a control message identifying one or more sources for which it has not decoded the transmitted message without error, referred to as undecoded sources,
receiving at least one identifier from at least one source si not decoded by the destination transmitted by a first set of nodes comprising at least one node, taken from among the N nodes, having decoded without error the message from the source si,
determining, from among the nodes of the first set, of a second set of nodes, referred to as the active set, associated with the source si,
transmitting of a request for retransmission of said the message from the source si to the nodes of the active set, and
receiving of the same second redundancy of the message from the source si transmitted simultaneously by at least two nodes of the active set in the same time slot.
Claim 8:
8. A system comprising a destination (d) and N nodes with M sources (S1, …, SM), and N−M relays, wherein N≥M≥2, for implementing the communication method according to claim 1.
Claim 9:
9. A system comprising M sources (s1, …, sM), L relays (r1, …, rL) and a destination, M≥2, L≥0, for implementing the transmission method according to claim 1.
Claim 9:
9. A processing circuit comprising a processor and a memory, wherein the memory stores program code instructions of a computer program for implementing the communication method according to claim 1, when the computer program is executed by the processor.
Claim 10:
10. A processing circuit comprising a processor and a memory, the memory storing program code instructions of a computer program to execute the transmission method according to claim 1, when the computer program is executed by the processor.
This is a provisional nonstatutory double patenting rejection because the patentability indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 4-6 are objected to as being dependent upon a rejected base claim, but would be allowable in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JI-HAE YEA whose telephone number is (571) 270-3310. The examiner can normally be reached on MON-FRI, 7am-3pm, ET.
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/JI-HAE YEA/Primary Examiner, Art Unit 2471
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