DETAILED ACTION
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 35U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, anycorrection of the statutory basis for the rejection will not be considered a new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection, would bethe same under either status.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim 1 recites "a method of generating parameters for an uplink and downlink asymmetric channel model, comprising following steps: Step 1, determining, a primary antenna configuration of the uplink and downlink, which includes a number of elements, array forms and sub-array arrangements in antenna arrays, then calculating, by utilizing a formula, a three-dimensional pattern of…….”
Analysis
Under the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG), the claims are analyzed for eligibility in accordance with their broadest reasonable interpretation.
Step one: Are the claims at issue directed to process, machine, manufacture or composition of matter?
Claim 1 recites " a method of generating parameters for an uplink and downlink asymmetric channel model, comprising following steps: Step 1, determining, a primary antenna configuration of the uplink and downlink, which includes a number of elements, array forms and sub-array arrangements in antenna arrays, then calculating, by utilizing a formula, a three-dimensional pattern of…….” ( Step 1: YES).
Step 2A (Prong 1): Judicial Exception recited?
The claim is then analyzed to determine if the claim is directed to a judicial exception. The claim 1 recites "a method of generating parameters for an uplink and downlink asymmetric channel model, comprising following steps: Step 1, determining, a primary antenna configuration of the uplink and downlink, which includes a number of elements, array forms and sub-array arrangements in antenna arrays, then calculating, by utilizing a formula, a three-dimensional pattern of …” The claim recites a mathematical formula and calculation for generating parameters of asymmetric channel model (Step 2A (Prong 1): Yes).
Step 2A (Prong 2): Integrated into a practical application?
The claim 1 recites "a method of generating parameters for an uplink and downlink asymmetric channel model, comprising following steps: Step 1, determining, a primary antenna configuration of the uplink and downlink, which includes a number of elements, array forms and sub-array arrangements in antenna arrays, then calculating, by utilizing a formula, a three-dimensional pattern of …” Each of the additional limitations is no more than mere instructions to apply the exception using the asymmetric channel mode. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application performed by a machine because they do not impose any meaningful limits on practicing the abstract idea (Step 2A (Prong 2): No).
Step 2B: Does the claim provides an inventive concept?
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using the asymmetric channel model. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on the asymmetric channel model cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. For these reasons, there is no inventive concept in the claim, and thus it is ineligible (Step 2B: No).
Claim 2 recites "the method of generating parameters for the uplink and downlink asymmetric channel model according to claim 1, wherein Step 1 specifically includes following steps: obtaining a total number of antennas at the primary side of the uplink and downlink; wherein all antennas are composed of sub-array arrangements, a total number of sub-arrays at a transmitting side is…….”
Analysis
Under the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG), the claims are analyzed for eligibility in accordance with their broadest reasonable interpretation.
Step one: Are the claims at issue directed to process, machine, manufacture or composition of matter?
Claim 2 recites " the method of generating parameters for the uplink and downlink asymmetric channel model according to claim 1, wherein Step 1 specifically includes following steps: obtaining a total number of antennas at the primary side of the uplink and downlink; wherein all antennas are composed of sub-array arrangements, a total number of sub-arrays at a transmitting side is…….” ( Step 1: YES).
Step 2A (Prong 1): Judicial Exception recited?
The claim is then analyzed to determine if the claim is directed to a judicial exception. The claim 1 recites " the method of generating parameters for the uplink and downlink asymmetric channel model according to claim 1, wherein Step 1 specifically includes following steps: obtaining a total number of antennas at the primary side of the uplink and downlink; wherein all antennas are composed of sub-array arrangements, a total number of sub-arrays at a transmitting side is…….” The claim recites a mathematical formula and calculation for generating parameters of asymmetric channel model (Step 2A (Prong 1): Yes).
Step 2A (Prong 2): Integrated into a practical application?
The claim 1 recites "the method of generating parameters for the uplink and downlink asymmetric channel model according to claim 1, wherein Step 1 specifically includes following steps: obtaining a total number of antennas at the primary side of the uplink and downlink; wherein all antennas are composed of sub-array arrangements, a total number of sub-arrays at a transmitting side is…….” Each of the additional limitations is no more than mere instructions and formula to apply the exception using the asymmetric channel mode. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application performed by a machine because they do not impose any meaningful limits on practicing the abstract idea (Step 2A (Prong 2): No).
Step 2B: Does the claim provides an inventive concept?
As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using the asymmetric channel model. The same analysis applies here in 2B, i.e., mere instructions to apply an exception on the asymmetric channel model cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. For these reasons, there is no inventive concept in the claim, and thus it is ineligible (Step 2B: No).
Claims 3-6 are also rejected under 35 U.S.C. 101 as applied above.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. A portion of the feature of the claim 6 recites “Disclosed in the present disclosure is an uplink and downlink asymmetric channel model parameter generating method. According to a modeling method, uplink and downlink channel transmission matrices can be generated at the same time when an asymmetric transceiving antenna configuration is used in an uplink and a downlink. In the method, firstly, parameters of a propagation channel between antennas are generated by using a geometric stochastic modeling method according to environmental parameters. Then an antenna pattern is introduced to calculate effective scatterers and corresponding effective paths of the uplink and the downlink. Finally, channel impulse responses of the uplink and the downlink are obtained. The method can be applied to the simulation and optimization of actual asymmetric communication systems”. The quoted feature does not have any relation with the claimed formulas for calculating the channel impulse responses of the downlink and uplinks asymmetric channels.
Examiner Comments
The claims 1-6 will be allowable, if the 35USC 101 and 35 U.S.C. 112 rejections are overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tsui et al. (US 20220278730 A1) and Reed (US 20170019154 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED M BOKHARI whose telephone number is (571)270-3115. The examiner can normally be reached Monday through Friday.
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/SYED M BOKHARI/Examiner, Art Unit 2473 2/18/2026
/KWANG B YAO/Supervisory Patent Examiner, Art Unit 2473