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 .
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.
Response to Arguments
Applicant's arguments filed 04/20/2026 regarding the prior art rejections of Claims 1 - 30 have been fully considered, but they are not persuasive.
The Remarks argue that:
Applicant respectfully submits that QU and MURAKAMI do not disclose or suggest each and every feature recited in amended claim 1.
ROBERT do not disclose or suggest "wherein the signal is uniformly distributed over the plurality of points in the constellation."
Paragraph 845 of MURAKAMI does not disclose or suggest "wherein the constellation has a trapezoidal shape, the trapezoidal shape having two or more non-parallel sides that are not in contact with each other," as recited in amended claim 12.
The Examiner agrees QU and MURAKAMI do not disclose or suggest each and every feature recited in amended claim 1.
The Examiner agrees ROBERT do not disclose "wherein the signal is uniformly distributed over the plurality of points in the constellation." Robert does teach constellations, zero mean, and unit variance. (0155 & 0157, For rectangular signal M-QAM constellations in which M=2.sup.l where l is even, the QAM signal constellation is equivalent to two PAM signals on quadrature carriers, each having √{square root over (M)}=2.sup.l/2 signal points. further normalized to obtain zero mean and unit variance sequence to transmit;)
The Examiner agrees MURAKAMI does not disclose "wherein the constellation has a trapezoidal shape, the trapezoidal shape having two or more non-parallel sides that are not in contact with each other." However, MURAKAMI does suggest any desired shape would be possible. MURAKAMI teaches set conditions based on the symbols and their arrangement. (0843 – 0846, The following describes a method of allocating precoding matrices to symbols that satisfy Condition #53. Based on the above considerations, the following shows a method of allocating symbols so that all of the data symbols satisfy the symbol allocation shown in FIGS. 61A and 61B. One important condition (method of structuring) is the following Condition #54. Five or more precoding matrices are necessary. As shown in FIGS. 61A and 61B, at least the precoding matrices that are multiplied with the five symbols arranged in the shape of a cross are necessary. In other words, the number N of different precoding matrices that satisfy Condition #53 must be five or greater. Stated another way, the period (cycle) of precoding matrices must have at least five slots. When this condition is satisfied, it is possible to arrange symbols satisfying Condition #53 by allocating precoding matrices based on the following method and then precoding symbols.) With these conditions in mind, one skilled in the art could conclude the shape of a constellation can be altered based on the conditions and its variables.
QU, MURAKAMI, and ROBERT in combination teach the suggested limitations of the amended claims as shown. The previous prior art rejection is maintained.
Claims 2 – 13 which depend from claim 1, have been considered and rejected.
Claims 15 - 26 which depend from claim 14, have been considered and rejected.
Claim 28 which depends from claim 27, has been considered and rejected.
Claim 30 which depends from claim 29, has been considered and rejected.
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.
Claim(s) 1 – 30 are rejected under 35 U.S.C. 103 as being unpatentable over QU (WO 2020/151505 A1) in view of Murakami (US 2013/0114752 A1) in view of Robert (US 2023/0020591 A1).
With regards to claim 1, QU teaches:
A transmitter for wireless communication, comprising: a processing system that includes one or more processors and one or more memories coupled with the one or more processors (Fig. 1 and corresponding specification: The transceiver 202 may be used to support the sending and receiving of information between the access network device 102 and the terminal device, and to support radio communication between the terminal devices. The processor 201 may also be used to perform functions of various terminal devices communicating with other network devices), the processing system configured to cause the transmitter to: map two or more bits associated with a channel code to a modulation symbol that corresponds to a point in a constellation that includes a plurality of points, there being non-uniform distances between adjacent points of the plurality of points; and transmit a signal that conveys the modulation symbol to a receiver (Fig. 3 and corresponding specification: the modulator can perform symbol mapping and/or modulation on the output signal (data and/or signaling) of the encoder, and provide output samples. In the embodiment of the present application, at least one of the first encoding method and the second encoding method is a nonlinear encoding method. the channel coding provided by the embodiments of the present application satisfies the Plotkin structure, and at the same time, non-linear coding is used in the branch codes and is used in the branch codes).
QU fails to teach:
wherein the constellation is asymmetric with respect to at least one of a first axis or a second axis, the first axis representing an in-phase or real component of the modulation symbol and the second axis representing a quadrature or imaginary component of the modulation symbol;
However, Murakami teaches:
wherein the constellation is asymmetric with respect to at least one of a first axis or a second axis, the first axis representing an in-phase or real component of the modulation symbol and the second axis representing a quadrature or imaginary component of the modulation symbol (0179, FIGS. 24A and 24B are an example of a mapping method over an IQ plane, having an in-phase component I and a quadrature-phase component Q, to form a baseband signal in QPSK modulation).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Murakami which teaches the real and imaginary components of the modulation symbol in order to map the constellation asymmetrically.
QU in view of Murakami fails to teach:
wherein the signal is uniformly distributed over the plurality of points in the constellation such that the modulation symbol has a zero mean and a unit variance.
However, Robert teaches:
wherein the signal is uniformly distributed over the plurality of points in the constellation such that the modulation symbol has a zero mean and a unit variance. (0157, parity and systematic symbols are in examples further normalized to obtain zero mean and unit variance sequence to transmit.)
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Robert which teaches the zero and non-zero parameters in order to map the constellation along the second axis.
With regards to claim 2, QU in view of Murakami in view of Robert teaches the transmitter of claim 1. QU teaches:
wherein to map the two or more bits, the processing system is configured to cause the transmitter to: comprises apply a transform function to the two or more bits (Fig. 1 and corresponding specification: The modem processor 201 may include a baseband processor (BBP) (not shown), which processes the digitized received signal to extract the information or data bits conveyed in the signal), and wherein each point of the plurality of points is associated with a respective label corresponding to a possible value for the two or more bits prior to the application of the transform function to the two or more bits (Fig. 5 and corresponding specification: The first device performs an inverse fast Fourier transformation (IFFT) on a frequency domain signal containing L elements to obtain a corresponding time domain signal, and adds a cyclic prefix to the time domain signal to generate a first signal).
With regards to claim 3, QU in view of Murakami in view of Robert teaches the transmitter of claim 1. QU teaches:
wherein, to map the two or more bits, the processing system is configured to cause the transmitter to: comprises apply a transform function to the two or more bits (Fig. 1 and corresponding specification: The modem processor 201 may include a baseband processor (BBP), which processes the digitized received signal to extract the information or data bits conveyed in the signal), and wherein each point of the plurality of points is associated with a respective label corresponding to a possible value for the two or more pair of bits after application of the transform function to the two or more bits (Fig. 6 and corresponding specification: the second device may remove the cyclic prefix of the received first signal, and then perform fast Fourier transformation (FFT) to obtain a frequency domain signal. That is, the modulation symbols carried by each subcarrier).
With regards to claim 4, QU in view of Murakami in view of Robert in teaches the transmitter of claim 1.
QU fails to teach:
wherein the constellation comprises a trapezoidal shape and consists of one point in each quadrant of a coordinate space that includes the first axis and second axis.
However, Murakami teaches:
wherein the constellation comprises a trapezoidal shape and consists of one point in each quadrant of a coordinate space that includes the first axis and second axis. (0174, FIG. 24B and FIG. 24A is that the signal points in FIG. 24A have been rotated around the origin to yield the signal points of FIG. 24B. Non-Patent Literature 9 and Non-Patent Literature 10 describe such a rotated constellation method and 1009, When using the complex plane, complex numbers may be shown in polar form by polar coordinates. If a complex number z=a+jb (where a and b are real numbers and j is an imaginary unit) corresponds to a point (a, b) on the complex plane).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Murakami which teaches the real and imaginary components of the modulation symbol in order to map the constellation using each quadrant.
With regards to claim 5, QU in view of Murakami in view of Robert teaches the transmitter of claim 1. QU teaches:
wherein the constellation is symmetric with respect to a first axis (Fig. 1 and corresponding specification: at least one of the first encoding method and the second encoding method is a nonlinear encoding method.)
QU fails to teach:
and asymmetric with respect to a second axis wherein the constellation comprises a triangular shape, wherein a first side of the triangular shape is parallel with the second axis, wherein a second side of the triangular shape intersects the second axis at a first location along the second axis, and wherein a third side of the triangular shape intersects the second axis at a second location along the second axis.
However, Murakami teaches:
and asymmetric with respect to a second axis wherein the constellation comprises a triangular shape, wherein a first side of the triangular shape is parallel with the second axis, wherein a second side of the triangular shape intersects the second axis at a first location along the second axis, and wherein a third side of the triangular shape intersects the second axis at a second location along the second axis.(1009, When using the complex plane, complex numbers may be shown in polar form by polar coordinates. If a complex number z=a+jb (where a and b are real numbers and j is an imaginary unit) corresponds to a point (a, b) on the complex plane).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Murakami which teaches the real and imaginary components of the modulation symbol in order to map the constellation asymmetrically.
With regards to claim 6, QU in view of Murakami in view of Robert teaches the transmitter of claim 1.
QU fails to teach:
wherein the constellation is symmetric with respect to the first and asymmetric with respect to the second axis.
However, Murakami teaches:
wherein the constellation is symmetric with respect to the first and asymmetric with respect to the second axis.(Fig. 21 & Fig. 24 & 1009, When using the complex plane, complex numbers may be shown in polar form by polar coordinates. If a complex number z=a+jb (where a and b are real numbers and j is an imaginary unit) corresponds to a point (a, b) on the complex plane)
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Murakami which teaches the real and imaginary components of the modulation symbol in order to map the constellation asymmetrically.
With regards to claim 7, QU in view of Murakami in view of Robert teaches the transmitter of claim 1.
QU fails to teach:
wherein the constellation has a trapezoidal shape wherein the trapezoidal shape has two non-parallel sides and two parallel sides, wherein the two non-parallel sides are not in contact with each other, wherein the two non- parallel sides intersect the second axis at different locations along the second axis, and wherein the two parallel sides intersect the first axis at different locations along the first axis.
However, Murakami teaches:
wherein the constellation has a trapezoidal shape wherein the trapezoidal shape has two non-parallel sides and two parallel sides, wherein the two non-parallel sides are not in contact with each other, wherein the two non- parallel sides intersect the second axis at different locations along the second axis, and wherein the two parallel sides intersect the first axis at different locations along the first axis.
(Fig. 25A & 0845, Five or more precoding matrices are necessary. As shown in FIGS. 61A and 61B, at least the precoding matrices that are multiplied with the five symbols arranged in the shape of a cross are necessary. In other words, the number N of different precoding matrices that satisfy Condition #53 must be five or greater).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Murakami which precoding matrices to arrange the symbols in the desired shape in order to map and shape the constellation.
With regards to claim 8, QU in view of Murakami in view of Robert teaches the transmitter of claim 1.
QU fails to teach:
wherein the constellation consists of four points that form a trapezoidal shape in a coordinate space, the four points being defined according to a first parameter with a first value that represents a first distance from the first axis, a second parameter with a second value that represents a second distance from the second axis, and a third parameter with a third value that represents a third distance from the first axis, wherein the third value is based at least in part on an equation that includes the first value and the second value.
However, Murakami teaches:
wherein the constellation consists of four points that form a trapezoidal shape in a coordinate space, the four points being defined according to a first parameter with a first value that represents a first distance from the first axis, a second parameter with a second value that represents a second distance from the second axis, and a third parameter with a third value that represents a third distance from the first axis, (0174 , FIGS. 24A and 24B are an example of a mapping method over an IQ plane, having an in-phase component I and a quadrature-phase component Q, to form a baseband signal in QPSK modulation), a second parameter with a second value that represents a second distance from a second axis of the coordinate space, and a third parameter with a third value that represents a third distance from the first axis, wherein the third value is based at least in part on an equation that includes the first value and the second value. (0219 & 1009, The squared Euclidian distance is sought between a received signal point 1101 (corresponding to the baseband signal 801X) and each candidate signal point. Each squared Euclidian distance is divided by the noise variance. When using the complex plane, complex numbers may be shown in polar form by polar coordinates. If a complex number z=a+jb (where a and b are real numbers and j is an imaginary unit) corresponds to a point (a, b) on the complex plane).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Murakami which teaches the real and imaginary components of the modulation symbol in order to map the constellation using each quadrant.
With regards to claim 9, QU in view of Murakami in view of Robert teaches the transmitter of claim 8. QU teaches:
wherein one or both of the first value of the first parameter or the second value of the second parameter are related to one or both of a coding rate or a decoder associated with the receiver (Fig. 1 and corresponding specification: The decoder 3043 is used to decode the demodulated input signal. For example, the decoder 3043 deinterleaves and/or decodes the demodulated input signal, and outputs the decoded signal (data and/or signaling). The encoder 3041, the modulator 3042, the demodulator 3044, and the decoder 3043 can be implemented by a synthesized modem processor 304).
With regards to claim 10, QU in view of Murakami in view of Robert teaches the transmitter of claim 1.
QU fails to teach:
wherein the constellation consists of three points that form a triangular shape in a coordinate space, the three points being defined according to a first parameter with a first value, a second parameter with a second value, and a third parameter with a third value, wherein the third value is based at least in part on an equation that includes the first value and the second value,
However, Murakami teaches:
wherein the constellation consists of three points that form a triangular shape in a coordinate space, the three points being defined according to a first parameter with a first value, a second parameter with a second value, and a third parameter with a third value, wherein the third value is based at least in part on an equation that includes the first value and the second value,
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Murakami which teaches the real and imaginary components of the modulation symbol in order to map the constellation using each quadrant.
QU in view of Murakami fails to teach:
and wherein the first value is zero.
However, Robert teaches:
and wherein the first value is zero. (0117, The initial state of automaton may be set to zero.)
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Robert which teaches the zero and non-zero parameters in order to map the constellation along the second axis.
With regards to claim 11, QU in view of Murakami in view of Robert teaches the transmitter of claim 10.
QU fails to teach:
wherein the second value is zero.
However, Robert teaches:
wherein the second value is zero. (0157 & 0117, For encoding and transmission, parity and systematic symbols are in examples further normalized to obtain zero mean and unit variance sequence to transmit. The initial state of automaton may be set to zero)
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Robert which teaches the zero and non-zero parameters in order to map the constellation starting at the origin.
With regards to claim 12, QU in view of Murakami in view of Robert teaches the transmitter of claim 1.
QU fails to teach:
wherein the constellation has a trapezoidal shape, the trapezoidal shape having two or more non-parallel sides that are not in contact with each other.
However, Murakami teaches:
wherein the constellation has a trapezoidal shape, the trapezoidal shape having two or more non-parallel sides that are not in contact with each other. (Fig. 25A & 0845, Five or more precoding matrices are necessary. As shown in FIGS. 61A and 61B, at least the precoding matrices that are multiplied with the five symbols arranged in the shape of a cross are necessary. In other words, the number N of different precoding matrices that satisfy Condition #53 must be five or greater)
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Murakami which teaches the real and imaginary components of the modulation symbol in order to map the constellation using each quadrant.
With regards to claim 13, QU in view of Murakami in view of Robert teaches the transmitter of claim 1. QU teaches:
wherein the channel code is one or more of a Reed-Muller code, a polar code, or another code associated with a Plotkin construction (Summary of the invention, the first encoding method is Delsarte-Goethals code, and the second encoding method is first-order Reed-Muller code).
With regards to claim 14, QU in view of Murakami in view of Robert teaches and corresponds to claim 1 as analyzed accordingly.
With regards to claim 15, QU in view of Murakami in view of Robert teaches the method of claim 14 and corresponds to claim 2 as analyzed accordingly.
With regards to claim 16, QU in view of Murakami in view of Robert teaches the method of claim 14 and corresponds to claim 3 as analyzed accordingly.
With regards to claim 17, QU teaches the method of claim 14 and corresponds to claim 4 as analyzed accordingly.
With regards to claim 18, QU teaches the method of claim 14 and corresponds to claim 5 as analyzed accordingly.
With regards to claim 19, QU teaches the method of claim 14 and corresponds to claim 5 as analyzed accordingly.
With regards to claim 20, QU teaches the method of claim 14 and corresponds to claim 7 as analyzed accordingly.
With regards to claim 21, QU teaches the method of claim 14 and corresponds to claim 8 as analyzed accordingly.
With regards to claim 22, QU teaches the method of claim 21 and corresponds to claim 9 as analyzed accordingly.
With regards to claim 23, QU teaches the method of claim 14 and corresponds to claim 10 as analyzed accordingly.
With regards to claim 24, QU teaches the method of claim 23 and corresponds to claim 11 as analyzed accordingly.
With regards to claim 25, QU teaches the method of claim 14 and corresponds to claim 12 as analyzed accordingly.
With regards to claim 26, QU teaches the method of claim 14 and corresponds to claim 13 as analyzed accordingly.
With regards to claim 27, QU teaches a non-transitory computer-readable medium and corresponds to claim 1 as analyzed accordingly.
With regards to claim 28, QU teaches the non-transitory computer-readable medium of claim 27 and corresponds to claim 13 as analyzed accordingly.
With regards to claim 29, QU teaches an apparatus and corresponds to claim 1 as analyzed accordingly.
With regards to claim 30, QU teaches the transmitter of claim 1.
QU fails to teach:
wherein the constellation has a trapezoidal shape, and wherein the trapezoidal shape is symmetric with respect to the first axis and asymmetric with respect to the second axis.
However, Murakami teaches:
wherein the constellation has a trapezoidal shape, and wherein the trapezoidal shape is symmetric with respect to the first axis and asymmetric with respect to the second axis. (Fig. 21 & Fig. 24 & 1009, When using the complex plane, complex numbers may be shown in polar form by polar coordinates. If a complex number z=a+jb (where a and b are real numbers and j is an imaginary unit) corresponds to a point (a, b) on the complex plane)
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the transmitter of QU which teaches a processing system to map bits to modulation symbols to form a constellation of points with the teaching of Murakami which teaches the real and imaginary components of the modulation symbol in order to map the constellation asymmetrically.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
action. Applicant's arguments filed 04/20/2026 regarding the prior art rejections of Claims 1 – 30 have
been fully considered and are persuasive.
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.
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/V.P./Examiner, Art Unit 2111
/GUERRIER MERANT/Primary Examiner, Art Unit 2111 6/4/2026
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