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 Amendment
The amendment(s) filed 02/16/2024 have been entered.
Per the 02/16/2024 amendment(s):
Claim(s) 1-5, 7-9, 12-13, 15-21, 23, 25 and 27 are currently amended.
Claim(s) 6, 10-11, 14, 22, 24, 26 and 28-31 are cancelled.
Claim(s) 1-5, 7-9, 12-13, 15-21, 23, 25 and 27 are now pending.
Regarding the 02/16/2024 Preliminary Amendment, the bottom of Page 5 it states that Claims 24-27 are cancelled. Similarly, Page 6 states that Claims 26-31 are cancelled. Examiner is interpreting each of these as a typo due to the inclusion of Claims 25 and 27 and has considered both in light of the filed amendments. Applicant should file a corrected Claim set clarifying whether or not Claim 25 and Claim 27 are canceled.
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 17 and 27 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 29-30 of U.S. Patent No. 12,205,581 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both claims are directed to determining a codebook at a UE based on a plurality of reference signals transmitted by a network device, and then subsequently generating and transmitting an indication of a codeword to the network device to facilitate downlink communication according to the codebook. Below is a table showing the correspondence between instant Claims 1, 17 and 27 and Claims 29, 30 and 1 respectively of the conflicting Patent, with differences underlined.
Claim No.
instant application
18/684,603
Conflicting Patent
(US 12,506,581 B2)
Claim No.
1
A user equipment (UE), comprising:
An apparatus for wireless communications at a user equipment (UE), comprising:
29
one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the UE to:
a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to:
receive, from a network device, a message that indicates a codebook type associated with a transmitter circle array of the network device and that indicates a plurality of parameters associated with the codebook type;
receive, from a network node, a message indicating a configuration for a feedback codebook for a plurality of reference signals associated with one or more orbital angular momentum modes for backhaul communications associated with the network node;
receive, from the network device, a plurality of reference signals via one or more antenna elements of the transmitter circle array;
receive, from the network node, the plurality of reference signals, each of the plurality of reference signals associated with a respective orbital angular momentum mode of the one or more orbital angular momentum modes for the backhaul communications associated with the network node; and
generate one or more codewords associated with the transmitter circle array based at least in part on the message and the plurality of reference signals; and
… a feedback report indicating one or more codewords corresponding to UE feedback for the received plurality of reference signals and the respective orbital angular momentum modes.
transmit a report indicating the one or more codewords to the network device.
transmit, to the network node and based at least in part on the configuration for the feedback codebook, a feedback report indicating one or more codewords corresponding to UE feedback for the received plurality of reference signals and the respective orbital angular momentum modes.
17
A network device, comprising:
An apparatus for wireless communications at a first network node, comprising:
30
one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the network device to:
a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to:
transmit, to a user equipment (UE), a message that indicates a codebook type associated with a transmitter circle array of the network device and that indicates a plurality of parameters associated with the codebook type;
transmit, to a user equipment (UE), a message indicating a configuration for a feedback codebook for a plurality of reference signals associated with one or more orbital angular momentum modes for backhaul communications associated with the first network node;
transmit, to the UE, a plurality of reference signals via one or more antenna elements of the transmitter circle array;
transmit, to the UE, the plurality of reference signals, each of the plurality of reference signals associated with a respective orbital angular momentum mode of the one or more orbital angular momentum modes, where the one or more orbital angular momentum modes are associated with the backhaul communications between the first network node and a second network node;
receive, from the UE, a report indicating one or more codewords associated with the transmitter circle array based at least in part on the plurality of reference signals, the codebook type, and the plurality of parameters; and
receive, from the UE and based at least in part on the configuration for the feedback codebook, a feedback report indicating one or more codewords corresponding to UE feedback for the transmitted plurality of reference signals and the respective orbital angular momentum modes; and
transmit, to the UE, a downlink data message using one or more transmitter circles of the transmitter circle array based at least in part on the report.
communicate with the UE, the second network node, or both based at least in part on the feedback report.
27
A method for wireless communications at a user equipment (UE), comprising:
A method for wireless communications at a user equipment (UE), comprising:
1
receiving, from a network device, a message that indicates a codebook type associated with a transmitter circle array of the network device and that indicates a plurality of parameters associated with the codebook type;
receiving, from a network node, a message indicating a configuration for a feedback codebook for a plurality of reference signals associated with one or more orbital angular momentum modes for backhaul communications associated with the network node;
receiving, from the network device, a plurality of reference signals via one or more antenna elements of the transmitter circle array;
receiving, from the network node, the plurality of reference signals, each of the plurality of reference signals associated with a respective orbital angular momentum mode of the one or more orbital angular momentum modes for the backhaul communications associated with the network node; and
generating one or more codewords associated with the transmitter circle array based at least in part on the message and the plurality of reference signals; and
… feedback report indicating one or more codewords corresponding to UE feedback for the received plurality of reference signals and the respective orbital angular momentum modes.
transmitting a report indicating the one or more codewords to the base station network device.
transmitting, to the network node and based at least in part on the configuration for the feedback codebook, a feedback report indicating one or more codewords corresponding to UE feedback for the received plurality of reference signals and the respective orbital angular momentum modes.
As indicated above, the subject matter claimed in the instant application is fully disclosed in the conflicting Patent and is covered by the conflicting Patent. The instant application and the conflicting Patent are claiming common subject matter, and the difference in limitation(s) are merely differences in wording. Therefore, Claims 1, 17 and 27 are rejected on the ground of nonstatutory obviousness type double patenting in light of the conflicting Patent Claims 1 and 29-30
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 13, 17-18, 25 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2019/0036573 A1) in view of Vook (US 2017/0019159 A1).
Regarding Claim 1, Park discloses the below limitation(s): one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories (Park Fig 18 UE 1820 comprising processor 1821 and memory 1822) and individually or collectively operable to execute the code to cause the UE to:
receive, from a network device, a message that indicates a codebook type associated with a transmitter circle array of the network device and that indicates a plurality of parameters associated with the codebook type (Fig 16 BS-based method: BS transmits to UE via DL control channel after selection of codebook; [0021] receiving, from the base station, information on one codebook to be applied among a plurality of codebooks; [0158] teaches that the codebook design is associated with a Uniform Circular Array (UCA) antenna array and uses a parameter value suitable for UCA element arrays to define the codebook, where UCA is interpreted as the claimed "transmitter circle array");
receive, from the network device, a plurality of reference signals via one or more antenna elements of the transmitter circle array (Fig 17 block 1710 receive CSI-RS and [0007] receiving, by a UE, a signal based on a codebook in a multi-antenna wireless communication system which comprises a CSI-RS);
transmit a report indicating the one or more codewords to the network device (Fig 17 S1720 report CSI and [0007] UE transmitted CSI includes a Precoding Matrix Indicator (PMI) for indicating a specific code vector (i.e. codeword) among a plurality of code vectors included in a codebook).
Park does not disclose the below limitation(s): generate one or more codewords associated with the transmitter circle array based at least in part on the message and the plurality of reference signals (Park [0161] parameters are introduced and utilized for code vector (i.e. codeword) generation, but it is ambiguous whether code vector generation occurs at the UE or the network device); and
In the same field of endeavor of determining a codebook and code word for communication for a Universal Circular Array (UCA), Vook does disclose the below limitation(s): generate one or more codewords associated with the transmitter circle array based at least in part on the message and the plurality of reference signals (Vook [0092], [0095], [0096] UE selects codebook vector and code vector (i.e. codeword), which is interpreted as the UE generating said codewords, based on [0088] eNB may transmit azimuth-oriented CSI-RS and elevation-oriented CSI-RS); and
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Park to include generating a codeword / code vector at the UE as taught by Vook. The suggestion/motivation to do so would have been to generate the codeword at the UE so that it can be determined according to CSI-RS transmitted from a network device. Therefore, it would have been obvious to combine Park and Vook to obtain the invention, as specified in the instant claim.
Regarding Claim 2, Park and Vook disclose the limitation(s) of Claim 1.
Park further discloses the below limitation(s): generate the one or more codewords of the codebook type based at least in part on the plurality of parameters (Park [0161] parameters are introduced and utilized for code vector (i.e. codeword) generation),
wherein the plurality of parameters associated with the codebook type comprises a radius of a first transmitter circle of the transmitter circle array, a number of elements of the first transmitter circle of the transmitter circle array, a wavelength, an oversampling factor, an inter-polarization coefficient set size, a number of layers, a combination group size, or a combination thereof ([0161] wherein one of the parameters used for code vector generation comprises N antenna elements).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned device/method to include generating a codeword / code vector based at least on a number of antenna elements of the circular array as taught by Park. The suggestion/motivation to do so would have been to consider the number of antenna elements when determining a codeword so that MIMO can be used more efficiently. Therefore, it would have been obvious to combine Park and Vook to obtain the invention, as specified in the instant claim.
Regarding Claim 13, Park and Vook disclose the limitation(s) of Claim 1.
Park further discloses the below limitation(s): generate the report comprising a first set of codewords associated either with a wideband channel or a first subband and a second set of codewords associated with a second subband (Park [0152] teaches calculation of wideband vectors and [0162] teaches a wideband precoder which could be used for generating code vectors (i.e. codewords) for wideband).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned device/method to include determining a codeword / code vector for a wideband channel as taught by Park. The suggestion/motivation to do so would have been to support MIMO communication via circular arrays in the wideband to reduce congestion and improve throughput. Therefore, it would have been obvious to combine Park and Vook to obtain the invention, as specified in the instant claim.
Regarding Claim 17, Park discloses the below limitation(s): one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories (Park Fig 18 eNB 1810 comprising processor 1811 and memory 1812) and individually or collectively operable to execute the code to cause the network device to:
transmit, to a user equipment (UE), a message that indicates a codebook type associated with a transmitter circle array of the network device and that indicates a plurality of parameters associated with the codebook type (Fig 16 BS-based method: BS transmits to UE via DL control channel after selection of codebook; [0021] receiving, from the base station, information on one codebook to be applied among a plurality of codebooks; [0158] teaches that the codebook design is associated with a Uniform Circular Array (UCA) antenna array and uses a parameter value suitable for UCA element arrays to define the codebook, where UCA is interpreted as the claimed "transmitter circle array");
transmit, to the UE, a plurality of reference signals via one or more antenna elements of the transmitter circle array (Fig 17 block 1710 receive CSI-RS and [0007] receiving, by a UE, a signal based on a codebook in a multi-antenna wireless communication system which comprises a CSI-RS);
receive, from the UE, a report indicating one or more codewords associated with the transmitter circle array based at least in part on the plurality of reference signals, the codebook type, and the plurality of parameters (Fig 17 S1720 report CSI and [0007] UE transmitted CSI includes a Precoding Matrix Indicator (PMI) for indicating a specific code vector (i.e. codeword) among a plurality of code vectors included in a codebook); and
Park does not disclose the below limitation(s): transmit, to the UE, a downlink data message using one or more transmitter circles of the transmitter circle array based at least in part on the report.
In the same field of endeavor of determining a codebook and code word for communication for a Universal Circular Array (UCA), Vook does disclose the below limitation(s): transmit, to the UE, a downlink data message using one or more transmitter circles of the transmitter circle array based at least in part on the report (Vook Fig 10 block 1050 transmitting to a UE after codebook/code vector determination).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Park to include generating a codeword / code vector at the UE as taught by Vook. The suggestion/motivation to do so would have been to generate the codeword at the UE so that it can be determined according to CSI-RS transmitted from a network device. Therefore, it would have been obvious to combine Park and Vook to obtain the invention, as specified in the instant claim.
Regarding Claim 18, Park and Vook disclose the limitation(s) of Claim 17.
Park further discloses the below limitation(s): wherein the plurality of parameters associated with the codebook type comprises a radius of a first transmitter circle of the transmitter circle array, a number of elements of the first transmitter circle of the transmitter circle array, a wavelength, an oversampling factor, an inter-polarization coefficient set size, a number of layers, a combination group size, or a combination thereof (Park [0161] wherein one of the parameters used for code vector generation comprises N antenna elements).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned device/method to include generating a codeword / code vector based at least on a number of antenna elements of the circular array as taught by Park. The suggestion/motivation to do so would have been to consider the number of antenna elements when determining a codeword so that MIMO can be used more efficiently. Therefore, it would have been obvious to combine Park and Vook to obtain the invention, as specified in the instant claim.
Regarding Claim 25, Park and Vook disclose the limitation(s) of Claim 17.
Park further discloses the below limitation(s): wherein the report comprises a first set of codewords associated with either a wideband channel or a first subband and a second set of codewords associated with a second subband (Park [0152] teaches calculation of wideband vectors and [0162] teaches a wideband precoder which could be used for generating code vectors (i.e. codewords) for wideband).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the aforementioned device/method to include determining a codeword / code vector for a wideband channel as taught by Park. The suggestion/motivation to do so would have been to support MIMO communication via circular arrays in the wideband to reduce congestion and improve throughput. Therefore, it would have been obvious to combine Park and Vook to obtain the invention, as specified in the instant claim.
Regarding Claim 27, Park discloses the below limitation(s): receiving, from a network device, a message that indicates a codebook type associated with a transmitter circle array of the network device and that indicates a plurality of parameters associated with the codebook type (Park Fig 16 BS-based method: BS transmits to UE via DL control channel after selection of codebook; [0021] receiving, from the base station, information on one codebook to be applied among a plurality of codebooks; [0158] teaches that the codebook design is associated with a Uniform Circular Array (UCA) antenna array and uses a parameter value suitable for UCA element arrays to define the codebook, where UCA is interpreted as the claimed "transmitter circle array");
receiving, from the network device, a plurality of reference signals via one or more antenna elements of the transmitter circle array (Fig 17 block 1710 receive CSI-RS and [0007] receiving, by a UE, a signal based on a codebook in a multi-antenna wireless communication system which comprises a CSI-RS);
transmitting a report indicating the one or more codewords to the base station network device (Fig 17 S1720 report CSI and [0007] UE transmitted CSI includes a Precoding Matrix Indicator (PMI) for indicating a specific code vector (i.e. codeword) among a plurality of code vectors included in a codebook).
Park does not disclose the below limitation(s): generating one or more codewords associated with the transmitter circle array based at least in part on the message and the plurality of reference signals; and
In the same field of endeavor of determining a codebook and code word for communication for a Universal Circular Array (UCA), Vook does disclose the below limitation(s): generating one or more codewords associated with the transmitter circle array based at least in part on the message and the plurality of reference signals ([0092], [0095], [0096] UE selects codebook vector and code vector (i.e. codeword), which is interpreted as the UE generating said codewords, based on [0088] eNB may transmit azimuth-oriented CSI-RS and elevation-oriented CSI-RS); and
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Park to include generating a codeword / code vector at the UE as taught by Vook. The suggestion/motivation to do so would have been to generate the codeword at the UE so that it can be determined according to CSI-RS transmitted from a network device. Therefore, it would have been obvious to combine Park and Vook to obtain the invention, as specified in the instant claim.
Allowable Subject Matter
Claims 3-5, 7-9, 12, 15-16, 19-21 and 23 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.
The following is a statement of reasons for the indication of allowable subject matter: a thorough and complete search has been conducted and no prior art has been found that solely, or in any reasonable combination, reads on each element of the indicated claim(s).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at (571) 270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN D MILLER/Primary Examiner, Art Unit 2412