DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Priority
2. Acknowledgment is made of this is a continuation of US Application No. 18/123,505, filed March 20, 2023, now Patent No. 12,015,471, which is a continuation of U.S. Application No. 17/243,988, fired on April 29, 2021, now Patent No. 11,658,733, which is a continuation of US Application No. 16/790,358, fired on February 13, 2020, now Patent No. 11,070,281, which is a continuation of US Application No. 16/017,244, fired on June 25, 2018, now Patent No. 10,623,084, which is a continuation of US Application No. 15/617,550, fired on June 8, 2017, now Patent No. 10,044,432, which is a continuation of US Application No. 15/202,924, fired on July 6, 2016, now Patent No. 9,806,793, which is a continuation of US Application No. 14/582,610, fired on December 24, 2014, now Patent No. 9,426,631, which is a continuation of US Application No. 14/110,783, fired on October 9, 2013, now Patent No. 8,989,237, filed as application No. PCT/JP2012/002676 on April 18, 2012, which claims for foreign priority under 35 U.S.C. 119(a)-(d) based on Japan Parent Application Nos. 2011-093539, filed on April 19, 2011, 2011-102099, filed on April 28, 2011, 2011-118453, filed on May 26, 2011, 2011-140747, filed on June 24, 2011, and 2011-192123, filed on September 2, 2011.
Examiner's Notes
3. Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Application Status
4. Acknowledgment is made of the present application is filed on April 25, 2024. Claims 1-10 are pending. This communication is considered fully responsive and sets forth below.
Information Disclosure Statement
5. Acknowledgment is made of Applicant’s submission of information disclosure statement (IDS), dated on April 25, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
6. The title of the invention is not descriptive.
The title of this application is “RELAY METHOD AND RELAY DEVICE.” The examiner objects the usage of this title as it is not clearly indicative of the invention to which the claims are directed.
A substitution of a new title is anticipated.
Double Patenting
7. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
8. Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,015,471 in view of Xu et al. (US 2009/0046800).
Regarding claim 1, it recites, “An integrated circuit comprising:
generation circuitry, which, in operation, controls generating first modulation signals and second modulation signals from data, and generating one or more transmission signals from the first modulation signals and the second modulation signals; and
transmission circuitry, which, in operation, controls transmitting control information and the one or more transmission signals to a communication apparatus, the control information indicating a transmission scheme among a plurality of transmission schemes;
wherein in a first scheme of the plurality of transmission schemes, the one or more transmission signals is generated by precoding the first modulation signals and the second modulation signals with precoding matrixes being different among each symbol.”
Claim 1 of U.S. Patent No. 12,015,471 recites, “An integrated circuit comprising:
generation circuitry, which, in operation, controls generating one or more transmission signals; and
transmission circuitry, which, in operation, controls transmitting control information and the one or more transmission signals to a communication apparatus, the control information indicating a transmission scheme among a plurality of transmission schemes;
wherein in a first scheme of the plurality of transmission schemes, the one or more transmission signals is generated by precoding first modulation signals and second modulation signals with precoding matrixes being changed among each symbol, and
in a second scheme of the plurality of transmission schemes, the one or more transmission signals is generated by precoding the first modulation signal and the second modulation signal with a precoding matrix being same among each symbol.”
Claim 1 of the instant application and claim 1 of U.S. Patent No. 12,015,471 both are apparatus claims, i.e., claiming “An integrated circuit.” The following is the limitation mappings/teaching:
for the limitation of “generation circuitry, which, in operation, controls generating first modulation signals and second modulation signals from data, and generating one or more transmission signals from the first modulation signals and the second modulation signals,” in claim 1 of the instant application,
“the one or more transmission signals is generated by precoding first modulation signals and second modulation signals” as indicated in italics in the wherein-clause in claim 1 of the patent reads on the limitation of “generating one or more transmission signals from the first modulation signals and the second modulation signals,”
in fact, “generation circuitry, which, in operation, controls generating one or more transmission signals” and “the one or more transmission signals is generated by precoding first modulation signals and second modulation signals” as indicated in italics in claim 1 of the patent teaches the limitation without specifically teaching “generating first modulation signals and second modulation signals from data” as indicated in italics;
for the limitation of “transmission circuitry, which, in operation, controls transmitting control information and the one or more transmission signals to a communication apparatus, the control information indicating a transmission scheme among a plurality of transmission schemes,” in claim 1 of the instant application,
claim 1 of the patent includes the same limitation;
for the limitation of “wherein in a first scheme of the plurality of transmission schemes, the one or more transmission signals is generated by precoding the first modulation signals and the second modulation signals with precoding matrixes being different among each symbol,” in claim 1 of the instant application,
“wherein in a first scheme of the plurality of transmission schemes, the one or more transmission signals is generated by precoding first modulation signals and second modulation signals with precoding matrixes being changed among each symbol” in claim 1 of the patent reads on this limitation.
Based on the limitation mappings above, claim 1 of the U.S. Patent No. 12,015,471claims the elements similar to the limitations of the instant claim 1 without specifically teaching “generating first modulation signals and second modulation signals from data.”
Xu et al. from the same or similar field of endeavor teach implementing fairness of the method, generating first modulation signals and second modulation signals from data (paragraph [0091] lines 1-24; Examiner’s Note: generating modulation signals, e.g., through modulator 832a illustrated in FIG. 8 in the prior art teaches the limitation of “generating first modulation signals and second modulation signals;”
in fact, generating modulation signals, e.g., through modulator 832a, based on the data received, e.g., from data source 812, as illustrated in FIG. 8 in the prior art teaches the limitation of “generating first modulation signals and second modulation signals” in the instant application).
Thus, it would have been obvious to one of ordinary skill in the art to implement the method of Xu et al. in the system of the patent.
The motivation for implementing generating first modulation signals and second modulation signals from data, is to further enhance the mechanism for sending a MIMO transmission in a wireless communication system, wherein a transmitter sends a first reference signal to a receiver, the receiver selects a precoding matrix based on the first reference signal and in accordance with a selection criterion, the receiver estimates noise and interference at the receiver and determines modulation and coding scheme (MCS) information based on the precoding matrix and the estimated noise and interference, the receiver sends the MCS information and a second reference signal to the transmitter, the transmitter selects the precoding matrix based on the second reference signal and in accordance with the same selection criterion used by the receiver, the transmitter then sends a MIMO transmission to the receiver based on the MCS information obtained from the receiver and the precoding matrix selected by the transmitter.
Same rationale applies to claims 2, 6, and 7 as follows:
9. Claim 2 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,015,471.
10. Claim 6 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,015,471 in view of Xu et al. (US 2009/0046800).
11. Claim 7 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,015,471.
Allowable Subject Matter
12. Claims 1, 2, 6, and 7 are rejected under the nonstatutory obviousness-type double patenting as presented above, but claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s).
The following is the reason for examiner’s statement of allowance:
The closest prior art on record, Goto et al. (US 2013/0039405) and Chung et al. (US 2012/0213196) are generally directed to various aspects of the coding scheme selection unit that outputs bits of a signal in a past reception to a second coding unit and outputs bits of a retransmission signal to a third coding unit, where the second coding unit decodes bits and the third coding unit codes bits with a different constraint length from a constraint length in the second coding unit; and performing contention-based transmission in a wireless communication system according to setting a radio resource control (RRC) connection with a receiver end where the contention-based transmission is received.
However, in consideration of the preliminary amendment, the information disclosure statement submitted on March 20, 2023, and further search, no prior art reference or a combination of prior art references disclose or suggest the combination of limitations specified in the independent claim(s) including:
"transmission circuitry, which, in operation, controls transmitting control information and the one or more transmission signals to a communication apparatus, the control information indicating a transmission scheme among a plurality of transmission schemes;” and “wherein in a first scheme of the plurality of transmission schemes, the one or more transmission signals is generated by precoding the first modulation signals and the second modulation signals with precoding matrixes being different among each symbol” in claim 1.
“decode circuitry, which, in operation, controls decoding the one or more transmission signals based on the control information,” and “wherein in a first scheme of the plurality of transmission schemes, the one or more transmission signals is generated by precoding first modulation signals and second modulation signals with precoding matrixes being different among each symbol, the first modulation signals and the second modulation signals being generated from data,” as specified in claim 6.
Dependent claims 2-5 and 7-10 are also allowable for incorporating the features recited in the independent claim(s).
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Chung et al. (US 2012/0213196) is generally directed to various aspects of performing contention-based transmission in a wireless communication system according to setting a radio resource control (RRC) connection with a receiver end where the contention-based transmission is received;
Goto et al. (US 2013/0039405) is directed to the coding scheme selection unit that outputs bits of a signal in a past reception to a second coding unit and outputs bits of a retransmission signal to a third coding unit, where the second coding unit decodes bits and the third coding unit codes bits with a different constraint length from a constraint length in the second coding unit;
Xu et al. (US 2009/0046800) is directed to various aspects of sending a MIMO transmission in a wireless communication system, wherein a transmitter sends a first reference signal to a receiver, the receiver selects a precoding matrix based on the first reference signal and in accordance with a selection criterion, the receiver estimates noise and interference at the receiver and determines modulation and coding scheme (MCS) information based on the precoding matrix and the estimated noise and interference, the receiver sends the MCS information and a second reference signal to the transmitter, the transmitter selects the precoding matrix based on the second reference signal and in accordance with the same selection criterion used by the receiver, the transmitter then sends a MIMO transmission to the receiver based on the MCS information obtained from the receiver and the precoding matrix selected by the transmitter;
Gaal et al. (US 2012/0114014) is directed to various aspects of determining different precoding vectors based on a user equipment receiving an indicator from a base station receiving the data channel transmissions of whether to use frequency hopping over the slots;
Bogestam et al. (US 2011/0244800) is directed to a method for retrieving user data and a predefined communication criterion from a first wireless user equipment having at least two communication interfaces; selecting one of the communication interfaces in dependence of the predefined communication criterion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEI ZHAO whose telephone number is (571)270-5672. The examiner can normally be reached from 8:00AM to 5:00PM Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAE Y. LEE can be reached on 571-270-3936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.b
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/WEI ZHAO/ Primary Examiner, Art Unit 2479
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