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
The 103 combination of Makoto and Geile renders the independent claims as amended, obvious. Makoto already teaches demodulating the preamble as claimed, ([0037] (“Also, the modulation scheme can be identified by Fourier-transforming the waveforms”)), and looking at the bits of the demodulated signal would be an obvious next step as is taught by Geile. ([0215] (“The ninth bit signal (NBS) carries a pattern which is updated each frame and repeats every 24 frames.”); [0216] (“Its main functions are to carry the signaling bits to channel units 103 and to provide a multiframe clock to the channel units 103 so that they can insert upstream bit signaling into the DS0 in the correct frame of the multiframe”)). It is also important to note that dependent claim 4 did not include “demodulated” in it, and it was never stated that Makoto does not teach demodulation (2.3.26 Office Action, p. 5). The combination of Makoto and Geile to reject the independent claims are therefore proper.
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) 1-3 and 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Makoto (JP 2009/159319 A) in light of Geile (US Pat. App. Pub. 2007/0230325 A1).
Regarding Claims 1, and 6-8 Makoto teaches A transmission apparatus comprising: a scheme identification unit configured to identify a frame format of a signal received, the identification of the frame format being performed ([0034-0036] (“The identification unit 702 identifies which modulation scheme…”); FIG. 7) on a basis of a demodulated of the signal received ([0037] (“Also, the modulation scheme can be identified by Fourier-transforming the waveforms”)); a function control unit configured to perform control to cause a signal processing function to operate ([0034-0036] (“A distribution is obtained, and a modulation method corresponding to the cumulative distribution is specified…”)), the signal processing function depending on a result of identification of the at least one of the modulation scheme, the frame format, or the encoding scheme by the scheme identification unit (Id.); and a signal processing unit configured to be controlled to operate by the function control unit and process the signal received, ([0034-0036] (“The modulation scheme to be performed may be specified”); [0034-0036, 0011-0012] (describing, in the first embodiment, a receiver that modulates the received signal based on the results of a processor 110, 111 — wherein the processor in the third embodiment is the identification unit 702); FIG. 7).
Makoto does not teach a bit string pattern of preamble
wherein the function control unit is configured to perform control to cause a frame detection function to operate, the frame detection function depending on the frame format identified by the scheme identification unit.
Geile teaches a bit string pattern of (FIG. 9) preamble ([0309] (“The length of the preamble may be about 15 symbols. The equalizer will vary the equalization process based on the preamble”)
wherein the function control unit is configured to perform control to cause a frame detection function to operate, the frame detection function depending on the frame format identified by the scheme identification unit. ([0215] (“The ninth bit signal (NBS) carries a pattern which is updated each frame and repeats every 24 frames.”); [0216] (“Its main functions are to carry the signaling bits to channel units 103 and to provide a multiframe clock to the channel units 103 so that they can insert upstream bit signaling into the DS0 in the correct frame of the multiframe”)).
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Makoto’s scheme identification apparatus and method so that the frame format was identified based on the bits of the already demodulated signal as is taught by Geile. Such a combination would merely be applying a known technique to a known device ready for improvement to yield a predictable result. Wherein the predictable result is a scheme identification apparatus that adjusts to the scheme based on the bits of a demodulated signal.
Makoto and Geile are analogous art as both systems are concerned with demodulating received signals.
Regarding Claim 2, Makoto teaches The transmission apparatus according to claim 1, wherein the function control unit is configured to activate a signal processing function depending on the result of identification and allocate a resource for the signal processing function to operate. ([0036] (“The modulation scheme to be performed may be specified”))
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Makoto’s scheme identification apparatus and method so that the frame format was identified based on the bits of the already demodulated signal as is taught by Geile. Such a combination would merely be applying a known technique to a known device ready for improvement to yield a predictable result. Wherein the predictable result is a scheme identification apparatus that adjusts to the scheme based on the bits of a demodulated signal.
Regarding Claim 3, Makoto teaches The transmission apparatus according to claim 1 wherein the scheme identification unit is configured to identify a modulation scheme of the signal received on a basis of a frequency distribution of amplitudes of the signal received ([0034-0036] (“The identification unit 702 identifies which modulation scheme…”); FIG. 7), and the function control unit is configured to perform control to cause a demodulation function to operate, the demodulation function depending on the modulation scheme identified by the scheme identification unit. ([0034-0036] (“The identification unit 702 identifies which modulation scheme…”); FIG. 7).
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to modify Makoto’s scheme identification apparatus and method so that the frame format was identified based on the bits of the already demodulated signal as is taught by Geile. Such a combination would merely be applying a known technique to a known device ready for improvement to yield a predictable result. Wherein the predictable result is a scheme identification apparatus that adjusts to the scheme based on the bits of a demodulated signal.
Regarding Claim 5, the combination of Makoto and Geile teach The transmission apparatus according to claim 1, wherein the scheme identification unit is configured to perform processing of demodulation of a code included in a frame detected from the signal received (Geile, [0215-0220]), and identify an encoding scheme of the signal received on a basis of an amount of errors generated by the processing of demodulation (Geile, [0373]), and the function control unit is configured to perform control to cause a decoding function to operate, the decoding function depending on the encoding scheme identified by the scheme identification unit. (Makoto, [0036] (“The modulation scheme to be performed may be specified”); [0034, 0011-0012] (describing a receiver that modulates the received signal based on the results of a processor which in the third embodiment is the identification unit); FIG. 7)
Before the filing date of the instant application, it would have obvious for a person of ordinary skill in the art to look to Geile for demodulating a signal based on the number of errors generated and applying the demodulation technique used by the demodulator in Geile to the demodulator in Makoto. The suggestion/motivation would have been to enable the demodulator in Makoto to demodulate based on the number of errors generated.
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 PAUL M BROCK whose telephone number is (571)272-7257. The examiner can normally be reached 8-4:30pm.
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/PAUL MORGAN BROCK/ Examiner, Art Unit 2634 May 21, 2026
/KENNETH N VANDERPUYE/ Supervisory Patent Examiner, Art Unit 2634
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