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 .
Claims 1-20 are pending.
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.
Claims 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nammi et al, application no. 2017/0195029, hereinafter known as Nammi
As to claim 17, Nammi discloses a terminal node configured to interact with a network node, the terminal node comprising: a processor; and a memory that stores processor-executable instructions, wherein the processor interfaces with the memory to execute the processor-executable instructions whereby the terminal node is operable to (Nammi, Figure 18 and 19, [0098]-[0099], terminal node with processor, memory and instructions): receive, from the network node, rank restriction information which indicates the rank restriction required by the network node for transmitting data to the terminal node (Nammi, Figure 8, step 400, [0035], [0074], computing rank restriction by base station for use by terminal figure 8, step, 402, sending rank restriction to terminal); compute a Channel State Information (CSI) report which includes preferred rank information within a rank restriction set, wherein the preferred rank information is based on the received rank restriction information (Nammi, figure 8, step 406 and 408, Terminal sending to network node CSI with evaluation of the plural ranks ([0074]);); communicate, to the network node, the computed CSI report including the preferred rank information (Nammi, figure 8, step 408, sending by the terminal node to the network node CSI feedback); receive, from the network node, scheduling parameters on a downlink control channel, wherein the scheduling parameters are based in part on the preferred rank information in the CSI report; and, receive, from the network node, the data (Nammi, Figure 8, step 412, 416, sending by the network node scheduling parameter based on feedback from terminal and sending data by the network node to terminal).
As to claim 18, Nammi discloses wherein the operation of compute the CSI report further comprises: choose the best Channel Quality Indicator (CQI) from those ranks as specified in the rank restriction information provided by the network node (Nammi, [0087], CSI comprising rank information based on CQI).
As to claims 19-20, the claims are rejected as applied to claims 17-18 respectively above by Nammi.
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, 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.
Claims 1-3 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nammi in view of Kutz et al, application no. 2022/0393709, hereinafter known as Kutz.
As to claim 1, Nammi discloses a network node configured to interact with a terminal node, the network node comprising: a processor; and a memory that stores processor-executable instruction/ns, wherein the processor interfaces with the memory to execute the processor-executable instructions whereby the network node is operable to (Nammi, [0095], Fig.16, network node with processor, memory): determine a rank restriction, if any, for the terminal node based on wherein the determined rank restriction indicates a rank restriction required by the network node for transmitting data to the terminal node (Nammi, Figure 8, step 400, [0035], [0074], computing rank restriction by base station for use by terminal); communicate, to the terminal node, rank restriction information, wherein the rank restriction information is based on the determined rank restriction (Nammi, figure 8, step, 402, sending rank restriction to terminal); receive, from the terminal node, a Channel State Information report which includes preferred rank information within a rank restriction set, wherein the preferred rank information is associated with the rank restriction information (Nammi, figure 8, step 406 and 408, Terminal sending to network node CSI with evaluation of the plural ranks ([0074]); determine scheduling parameters for scheduling the terminal node, wherein the scheduling parameters are determined using at least the preferred rank information in the CSI report (Nammi, Figure 8, step 410, [0075], network node sending scheduling information to terminal); transmit, to the terminal node, the scheduling parameters; and, transmit, to the terminal node, the data based on the scheduling parameters (Nammi, Figure 8, step 412, 416, sending by the network node scheduling parameter based on feedback from terminal and sending data by the network node to terminal). Nammi discloses determining rank restriction determined by network node based on Geometry or path loss and sending it to terminal node (Nammi, [0082], figure 13). Nammi does not discloses EVM calculation for backoff considerations however Kutz discloses compute an Error Vector Magnitude of the network node; determine a rank restriction, if any, for the terminal node based on (1) the computed EVM (Kutz, [0103]-0011], determined, by network node, EVM for determining an optimal working amplifier power and indicating it to the terminal node).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Nammi to include the limitations of compute an Error Vector Magnitude of the network node; determine a rank restriction, if any, for the terminal node based on (1) the computed EVM as taught by Kutz. Use of error vector magnitude to determine power amplifier metrics are known the art where power resources can be based on dynamic network conditions while optimizing throughput with minimal interference.
As to claim 2, Nammi and Kutz disclose the network node of claim 1. Nammi does not disclose however Kutz discloses wherein the operation to compute the EVM further comprises: measure the EVM at an output of a transmitter Radio Frequency (RF) front end of the network node (Kutz, [0103]-0011], determined by Network node, EVM for determining an optimal working amplifier power and indicating to the terminal node).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Nammi to include the limitations of wherein the operation to compute the EVM further comprises: measure the EVM at an output of a transmitter Radio Frequency (RF) front end of the network node as taught by Kutz. Use of error vector magnitude to determine power amplifier metrics are known the art where power resources can be based on dynamic network conditions while optimizing throughput with minimal interference.
As to claim 3, Nammi and Kutz disclose the network node of claim 1. Nammi does not disclose however Kutz discloses wherein the operation to compute the EVM further comprises: estimate an Adjacent Channel Leakage Ratio (ACLR) at the network node; and, estimate the EVM based on the estimated ACLR (Kutz, [0110]-[0012], [0170], EVM estimate based on ACLR).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Nammi to include the limitations of wherein the operation to compute the EVM further comprises: estimate an Adjacent Channel Leakage Ratio (ACLR) at the network node; and, estimate the EVM based on the estimated ACLR as taught by Kutz. Use of ACLR is known in the art as an indication of distortion in the network to be adjusted for accordingly.
As to claims 9-11, the claims are rejected as applied to claims 1-3 respectively above by Nammi in view of Kutz.
Allowable Subject Matter
Claims 4-8 and 12-16 objected to 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GAUTAM SHARMA whose telephone number is (571)270-7182. The examiner can normally be reached 11am-8pm.
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/GAUTAM SHARMA/Examiner, Art Unit 2467
/HASSAN A PHILLIPS/Supervisory Patent Examiner, Art Unit 2467