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 Arguments
Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them.
In the remarks filed on February 4, 2026, the Applicant states since claim 26 was objected to in the Nonfinal Office Action dated November 5, 2025, then current independent claims 3, 11, 19, and 26 are in condition for allowance. However, Examiner would like to direct the Applicant’s attention to the fact that claim 26 was rejected in said Non-final Office Action. See page 5 of said Non-final Office Action. Also, claims 3, 11, and 19 that include the same limitation were rejected in said Non-final Office Action. As a result, it is obvious that claim 26 was mistakenly objected to under Allowable Subject Matter by Examiner.
Examiner further submits that Wang teaches all the limitations of claims 3, 11, 19, and 26. See the rejection below.
For these reasons, the rejection is maintained, and this Office Action is made FINAL.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 3, 11, 19, and 26 is/are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Wang et al. (hereinafter referred to as “Wang”, EP 3 850 772 B1).
As to claims 3 and 11, Wang further teaches a user equipment (UE) for wireless communication, comprising: a plurality of antennas (paragraph [0061]); a processing system that includes one or more processors and one or more memories coupled with the one or more processors (paragraphs [0118]-[0120]), the processing system configured to cause the UE to: wirelessly transmit, to a network node via a plurality of antennas, one or more channel-related parameters associated with a wireless channel between the UE and the network node (Fig. 14, step 1415, paragraphs [0068] and [0164]), wherein the one or more channel-related parameters comprise a noise power associated with a receive antenna of the UE, a signal to noise ratio (SNR) across one or more resource elements (REs) of the wireless channel, a mutual information value associated with transmission and reception via the wireless channel, or a combination thereof (paragraphs [0010] and [0068]); wirelessly receive, from the network node via the plurality of antennas plurality of antennas, one or more network parameters (Fig. 14, step 1420, paragraph [0165]); select a modulation order in accordance with the one or more channel-related parameters and the one or more network parameters (Fig. 14, steps 1420 and 1425, paragraphs [0073] and [0166]); wirelessly receive, from the network node via the plurality of antennas and in accordance with the transmission of the one or more channel-related parameters, a modulated bitstream (Fig. 15, step 1520, paragraphs [0065] and [0171]); and demodulate the modulated bitstream in accordance with the modulation order to generate a demodulated bitset (Fig. 8, transceiver 820, paragraphs [0012], [0043], and [0116]).
As to claims 19 and 26, Wang teaches an apparatus and a method of wireless communication by a network node, comprising: a plurality of antennas (paragraphs [0023] and [0061]); and a processing system that includes one or more processors and one or more memories coupled with the one or more processors (paragraphs [0118]-[0120]), the processing system configured to cause the UE to: wirelessly transmit, to a user equipment (UE) via the plurality of antennas, an indicator associated with a channel aware modulation mode (Fig. 14, step 1405, since spectral efficiency is a channel aware metric, step 1415); wirelessly receive, from the UE via the plurality of antennas and in accordance with the transmission of the indicator, one or more channel-related parameters associated with a wireless channel between the UE and the network node (Fig. 14, step 1415, paragraphs [0068] and [0164]), wherein the one or more channel-related parameters comprise a noise power associated with a receive antenna of the UE, a signal to noise ratio (SNR) across one or more resource elements (REs) of the wireless channel, a mutual information value associated with transmission and reception via the wireless channel, or a combination thereof (paragraphs [0010] and [0068]); wirelessly transmit, to the UE via the plurality of antennas, one or more network parameters (Fig. 14, step 1420, paragraph [0165]); select a modulation order in accordance with the one or more channel-related parameters and the one or more network parameters (Fig. 14, steps 1420 and 1425, paragraphs [0073] and [0166]); modulate a bitset in accordance with the modulation order to generate a modulated bitstream (Fig. 15, step 1520, paragraphs [0065] and [0171]); and wirelessly transmit, to the UE via the plurality of antennas, the modulated bitstream (Fig. 15, step 1520, paragraphs [0065] and [0171]).
Allowable Subject Matter
Claims 1, 4-9, 12-17, 20-24, and 27-30 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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 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 FRESHTEH N AGHDAM whose telephone number is (571)272-6037. The examiner can normally be reached Monday-Friday 10:30-7:00 ET.
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/FRESHTEH N AGHDAM/Primary Examiner, Art Unit 2632 2/9/2026