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 .
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-4,7-8, 14-15, 17-18, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seo et al. (“Seo”) (KR 20110076316 A).
Regarding claim 1, Seo teaches:
A first wireless device, comprising: 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 first wireless device to: receive [Figure 4, teaches OFDM receiver being in first device with corresponding components], in a slot and via a channel from a second wireless device [page 6-8 Figure 4, OFDM receiver receives OFDM signal with OFDM resources thus comprising channel, symbol, slot being any period of reception time], a first data symbol that is a first virtual pilot symbol with a first modulation scheme [page 7-8 “The subcarrier divider 230 divides the OFDM symbols input from the OFDM demodulator 220 into data, pilot, and virtual data and outputs them.” Virtual data mapped to claimed “virtual pilot” as it is used for channel estimation using estimators, see fifth estimator 290, using CFR of first, third, fourth estimators to estimate channel based on virtual data subcarrier, on pages 7-9, corresponding to Applicant’s description of virtual pilot [0107] “a virtual pilot symbol is a symbol that may indicate payload data, may indicate one or more channel characteristics (e.g., channel phase, frequency shift (such as Doppler shift), attenuation, fading, multipath, or a combination thereof)” thus matching the use of virtual data symbol in Seo.
The virtual data sent with first modulation scheme in Seo, see the sections with the transmitter Figure 2 page 6-7 “The modulation order increaser 140 increases the modulation order of the virtual data modulated by the virtual data modulator 130”] receive, in the slot and via the channel from the second wireless device, a second data symbol with a second modulation scheme [page 6-8 “The subcarrier divider 230 divides the OFDM symbols input from the OFDM demodulator 220 into data, pilot, and virtual data and outputs them.” Considered in the slot as the claim does not specify the slot as e.g. timeslots within a subframe], wherein the first modulation scheme is different from the second modulation scheme [See the paragraphs page 6-7 regarding transmission of virtual data being the virtual pilot “The modulation order increaser 140 increases the modulation order of the virtual data modulated by the virtual data modulator 130” and this is not performed for data modulator thus different modulation schemes]; and decode the second data symbol in association with a first estimate of the channel from the first virtual pilot symbol with the first modulation scheme [page 6-10,The demodulator 295 demodulates data using the CFR of the received symbol allocated to the data subcarrier estimated by the DFT-based channel estimator 290 which was based on the virtual data (virtual pilot) as indicated above for the fifth estimator].
Regarding claim 2, Seo teaches:
The first wireless device of claim 1, wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: receive, via the channel from the second wireless device, a first overhead symbol of a reference signal in the slot with the first data symbol and the second data symbol [See pages 7-9, pilot signal also received considered reference signal in overhead symbol, “The LS channel estimator 240 is a first channel estimator and estimates a channel frequency response (CFR) of a received symbol allocated to a pilot subcarrier” considered receiving pilot signal being reference at same time e.g. slot as other signals “The subcarrier divider 230 divides the OFDM symbols input from the OFDM demodulator 220 into data, pilot, and virtual data and outputs them.”], wherein a reconstruction of the first virtual pilot symbol is performed in association with a second estimate of the channel from the reference signal [Page 8-9 “First channel estimator” estimates based on pilot signal, “The LMMSE interpolator 250 is a second channel estimator. The LMMSE interpolator 250 estimates the CFR of the received symbol allocated to the virtual data subcarrier using the CFR estimated by the first channel estimator, that is, the LS channel estimator 240, and the LMMSE filter coefficients. The estimation method is shown in Equation 2. […] The combined demodulator 260 is a virtual data demodulator that combines and demodulates two or more pieces of the same virtual data using the CFR estimated by the second channel estimator,” thus channel estimate and demodulation of virtual data (virtual pilot) based on first estimate using pilot subcarriers].
Regarding claim 3, Seo teaches:
The first wireless device of claim 2, wherein the first estimate of the channel is determined in association with the reconstruction of the first virtual pilot symbol [Page 7-9 “The DD channel estimator 270 estimates the CFR of the received symbol assigned to the virtual data subcarrier using the virtual data demodulated by the combined demodulator 260. The estimation method is shown in equation (7).” And further “The DFT-based channel estimator 290 is a fifth channel estimator, which uses the CFR estimated by the first, third and fourth channel estimators, that is, the LS channel estimator 240, the DD channel estimator 270, and the LMMSE predictor 280. The CFR of the received symbol allocated to the data subcarrier and the virtual data subcarrier, respectively, is estimated” either can be first estimate based on reconstructed virtual pilot symbol].
Regarding claim 4, Seo teaches:
The first wireless device of claim 1, wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: receive, via the channel from the second wireless device, a third data symbol that is a second virtual pilot symbol with a third modulation scheme [Page 6-7 for transmission side “The virtual data modulator 130 also converts the virtual data into modulated symbols (plural) such as, for example, QPSK, M-ary, and QAM”], wherein the third modulation scheme is equal to, or different from, the first modulation scheme [Each symbol has modulation scheme associated, thus may be different or the same as these are the only possibilities].
Regarding claim 7, Seo teaches:
The first wireless device of claim 1, wherein: the first modulation scheme is a first modulation and coding scheme (MCS), and the second modulation scheme is a second MCS different from the first MCS, and the first data symbol is encoded with the first MCS and the second data symbol is encoded with the second MCS [page 6-10, “The data modulator 110 converts the data into modulated symbols such as QPSK, M-ary, QAM, and the like,” (data is second data symbol), and “The virtual data modulator 130 also converts the virtual data into modulated symbols such as, for example, QPSK, M-ary, and QAM. Here, the virtual data refers to data allocated to the virtual data subcarriers arranged at D .sub.f intervals between the pilot subcarriers as shown in FIG. 3.
The modulation order increaser 140 increases the modulation order of the virtual data modulated by the virtual data modulator 130. For example, if the modulation symbol is QPSK, the modulation order increaser 140 collects two QPSK modulation symbols to generate one 16QAM symbol having an increased modulation order. This conversion process is shown in Fig. 3- (1).” Considered a first MCS for virtual pilot].
Regarding claim 8, Seo teaches:
The first wireless device of claim 7, wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: receive, via the channel from the second wireless device, a third data symbol that is a second virtual pilot symbol with a third MCS, wherein the third MCS is equal to, or different from, the first MCS [page 6-7 “The virtual data modulator 130 also converts the virtual data into modulated symbols such as, for example, QPSK, M-ary, and QAM” considered modulating multiple symbols including third symbol according to MCS which must be different or the same as these are the only possibilities].
Regarding claim 14, Seo teaches:
A second wireless device, comprising: 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 second wireless device [Figure 2] to: transmit, in a slot and via a channel to a first wireless device, a first overhead symbol of a reference signal for a reconstruction of a first virtual pilot symbol [page 6-7, “The pilot modulator 120 converts the pilot into a modulated symbol, for example, QPSK, M-ary, QAM, or the like.” Pilot being reference signal, for reconstruction of first virtual pilot, See Page 8-9 “First channel estimator” estimates based on pilot signal, “The LMMSE interpolator 250 is a second channel estimator. The LMMSE interpolator 250 estimates the CFR of the received symbol allocated to the virtual data subcarrier using the CFR estimated by the first channel estimator, that is, the LS channel estimator 240, and the LMMSE filter coefficients. The estimation method is shown in Equation 2. […] The combined demodulator 260 is a virtual data demodulator that combines and demodulates two or more pieces of the same virtual data using the CFR estimated by the second channel estimator,” thus channel estimate and demodulation of virtual data (virtual pilot) based on first estimate using pilot subcarriers.
Virtual data corresponding to Applicant’s description of virtual pilot [0107] “a virtual pilot symbol is a symbol that may indicate payload data, may indicate one or more channel characteristics (e.g., channel phase, frequency shift (such as Doppler shift), attenuation, fading, multipath, or a combination thereof)” matching the use of virtual data symbol in Seo]; transmit, in the slot and via the channel to the first wireless device, a first data symbol that is the first virtual pilot symbol with a first modulation scheme [page 7-8 “The subcarrier divider 230 divides the OFDM symbols input from the OFDM demodulator 220 into data, pilot, and virtual data and outputs them.” Virtual data corresponding to virtual pilot as it is used for channel estimation using estimators, see fifth estimator 290, using CFR of first, third, fourth estimators to estimate channel based on virtual data subcarrier, on pages 7-9, corresponding to Applicant’s description of virtual pilot [0107] “a virtual pilot symbol is a symbol that may indicate payload data, may indicate one or more channel characteristics (e.g., channel phase, frequency shift (such as Doppler shift), attenuation, fading, multipath, or a combination thereof)” matching the use of virtual data symbol in Seo.
The virtual data sent with first modulation scheme, see the sections with the transmitter Figure 2 page 6-7 “The modulation order increaser 140 increases the modulation order of the virtual data modulated by the virtual data modulator 130”]; and transmit, in the slot to the first wireless device, a second data symbol with a second modulation scheme, wherein the first modulation scheme is different from the second modulation scheme [page 6-8 “The subcarrier divider 230 divides the OFDM symbols input from the OFDM demodulator 220 into data, pilot, and virtual data and outputs them.” Considered in the slot as the claim does not specify the slot as e.g. slots within a subframe].
Regarding claim 15, 17-18, 20, see rejections for claims 4, 7-8, and 1 respectively which teaches the same steps.
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.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (“Seo”) (KR 20110076316 A) in view of Yao (WO 2009030157 A1).
Regarding claim 5, Seo teaches:
The first wireless device of claim 4.
Seo teaches third symbol but does not indicate the timing.
Yao teaches wherein the third data symbol is received after the first data symbol in the slot [Figure 5-7 shows examples where third symbol with virtual pilot V comes after symbol with data D].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the location of the third virtual pilot. Seo teaches multiple symbols for virtual pilot including third symbol and it would have been obvious to specify the timing as in Yao who teaches for e.g. figure 5 placement of the symbols allows for higher gain page 7-9.
Claim(s) 6, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (“Seo”) (KR 20110076316 A) in view of Tervo et al. (“Tervo”) (WO 2023232247 A1).
Regarding claim 6, Seo teaches:
The first wireless device of claim 1.
Seo teaches a modulation scheme but not related to transport block size.
Tervo teaches wherein a transport block size is associated with the first modulation scheme and the second modulation scheme [page 26-27, Figure 12, transport block size based on mixed MCS table thus modulate schemes being first and second].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify a transport size using MCS information as in Tervo who teaches this allows for determining transport block sizes for TB using different MCSs page 26-27 for supporting waveforms of higher frequencies see background.
Regarding claim 16, see similar rejection for claim 6.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (“Seo”) (KR 20110076316 A) in view of Horn et al. (“Horn”) (US 20230318778 A1).
Regarding claim 9, Seo teaches:
The first wireless device of claim 7.
Seo teaches different modulation scheme but not coding rate.
Horn teaches wherein the first data symbol is encoded in a first code block with a first code rate, and the second data symbol is encoded separately from the first code block in a second code block with a second code rate [¶0137, Figure 7, ¶0144, wherein first MCS has first coding rate, second MCS has second coding rate].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify two coding rates for the different time domain resources i.e. symbols as in Horn who teaches ¶0088 “a receiving device may have an improved likelihood of decoding and/or demodulating the code blocks and/or transport blocks based at least in part on occupation of time resources with PN estimation that satisfies a threshold (e.g., in the first portion of the symbol)” using the multiple coding rates.
Claim(s) 10, 12, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (“Seo”) (KR 20110076316 A) in view of Elshafie et al. (“Elshafie”) (US 20240049226 A1).
Regarding claim 10, Seo teaches:
The first wireless device of claim 1, wherein the first data symbol that is the first virtual pilot symbol [[age 7-9 “The subcarrier divider 230 divides the OFDM symbols input from the OFDM demodulator 220 into data, pilot, and virtual data and outputs them.” Virtual data corresponding to virtual pilot as it is used for channel estimation see first-third estimators, elements 240, 250, 270].
Seo teaches multiple modulation types but does not teach configuring.
Elshafie teaches wherein the one or more processors are individually or collectively further operable to execute the code to cause the first wireless device to: communicate, with the second wireless device, an indication of a configuration of the first modulation scheme for the first data symbol [¶0152, a MCS value for downlink transmission is indicated as an offset relative to another MCS value].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify indicating the MCS value. Seo teaches a modulation type for a first symbol transmission comprising the virtual pilot data. It would have been obvious to specify in Seo an indication of this modulation type or MCS in the same way as described in Elshafie who teaches adjusting MCS for more reliable decoding and performance ¶0028.
Regarding claim 12, Seo-Elshafie teaches:
The first wireless device of claim 10, wherein the indication is an offset relative to a second MCS associated with the second data symbol [Elshafie ¶0152, see rationale for combination as in claim 10].
Regarding claim 19, see similar rejection for claim 10.
Claim(s) 11, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (“Seo”) (KR 20110076316 A) in view of Elshafie et al. (“Elshafie”) (US 20240049226 A1) and Yao (WO 2009030157 A1).
Regarding claim 11, Seo-Elshafie teaches:
The first wireless device of claim 10.
Seo-Elshafie teaches configuration indication but does not teach control information associated with the first virtual pilot symbol.
Yao teaches wherein the indication is received in a first control information field associated with the first virtual pilot symbol that is separate from a second control information field associated with the second data symbol [page 7 broadcast information including locations of virtual pilot, considered first control information field, different from a second information field for a second data symbol as the claim does not specify this second control information field is actually received and thus may be any arbitrary control information field].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify indicating the location of the virtual pilot. Seo-Elshafie teaches indication of MCS information and it would have been obvious to specify the location information of virtual pilots as in Yao who teaches step 410 user is able to demodulate and decode virtual pilot information based on this acquired information.
Regarding claim 13, Seo-Elshafie teaches:
The first wireless device of claim 10.
Seo-Elshafie teaches configuring MCS information but does not teach location of virtual pilot.
Yao teaches wherein the configuration comprises one or more locations in time or frequency of the first data symbol that is the first virtual pilot symbol [page 7 broadcast information including locations of virtual pilot].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify indicating the location of the virtual pilot. Seo-Elshafie teaches indication of MCS information and it would have been obvious to specify the location information of virtual pilots as in Yao who teaches step 410 user is able to demodulate and decode virtual pilot information based on this acquired information.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190215194 A1
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/JAY L VOGEL/ Primary Examiner, Art Unit 2478
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