DETAILED ACTION
1. Claims 2-21 (amended claim set received in the Office on 9/03/2024) have been examined and are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 6/10/2024 has been found to be in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Drawings
5. The drawings were received on 6/10/2024. These drawings are accepted.
Specification
6. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: METHODS FOR CHANNEL ESTIMATION AND COMPENSATION TECHNIQUES IN WIRELESS COMMUNICATION SYSTEMS.
7. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Double Patenting
8. 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
9. Claims 2-21 (hereinafter “Application”) are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,009,960 B2 (hereinafter “Patent”). Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the Application (as described below) are transparently found in the Patent, either in a one-to-one fashion (claim to claim) or in a one-to-many fashion (claim to multiple claims) with indistinguishable wording variations, and therefore would have been obvious to one having ordinary skill in the art. Take an example of comparing claim 2 of the Application and claims 7-9 of the Patent:
Application, Claim 2:
A method performed by a remote mapping server in a network, the network comprising a wireless transmitter device, associated with a wireless transmitter device location and velocity, connected to a wireless receiver device, associated with a wireless receiver device location and velocity, through a multi-dimensional data channel comprising at least two dimensions of space and one dimension of time, the method comprising:
receiving, from the wireless receiver device, the wireless transmitter device location; and
transmitting, to the wireless receiver device and based on the wireless transmitter device location, an initial set of parameters for channel response parameters of the multi-dimensional data channel,
wherein the wireless receiver device is configured to:
receive channel convoluted waveform bursts;
determine, based on the channel convoluted waveform bursts, the channel response parameters of the multi-dimensional data channel by updating the initial set of parameters based on at least relative positions, relative velocities, and properties of the wireless transmitter device, the wireless receiver device, and at least one wireless reflector in the multi- dimensional data channel;
use the channel response parameters to deconvolute received channel convoluted waveform bursts, thereby deriving at least an approximation of an originally transmitted wireless waveform burst; and
extract a plurality of data symbols from the approximation of the originally transmitted wireless waveform burst, thereby receiving at least some of the plurality of data symbols transmitted between the wireless transmitter device and the wireless receiver device.
Patent, Claim 7:
A system comprising: at least one wireless transmitter configured to wirelessly transmit a plurality of symbols to at least one wireless receiver through a multi-dimensional data channel connecting the at least one wireless transmitter to the at least one wireless receiver, wherein the multi-dimensional data channel comprising at least two dimensions of space and one dimension of time, wherein the multi-dimensional data channel further comprises at least one wireless reflector, wherein each of the at least one wireless reflector comprises a reflector location, velocity, and at least one coefficient of wireless reflection, wherein each of the at least one wireless transmitter further comprises a wireless transmitter location and velocity, and at least one transmitter processor, wherein each of the at least one wireless receiver further comprises a wireless receiver location and velocity, and at least one receiver processor, wherein the at least one wireless transmitter is further configured to transmit, at least for the plurality of symbols that are data symbols, the data symbols as originally transmitted wireless waveform bursts, wherein a plurality of data symbols comprise the data symbols, wherein the at least one wireless receiver is configured to receive channel convoluted waveform bursts due to the originally transmitted wireless waveform bursts propagating through the multi-dimensional data channel, wherein the at least one wireless receiver configured to use the at least one receiver processor to process the channel convoluted waveform bursts to determine channel response parameters of the multi-dimensional data channel between the at least one wireless transmitter and the at least one wireless receiver, wherein the channel response parameters are initially determined based on the wireless transmitter location that is obtained from Global Positioning System (GPS) signals, and wherein the at least one receiver processor is further configured to use the channel response parameters to extract the plurality of data symbols from at least an approximation of the originally transmitted wireless waveform bursts, thereby receiving at least some of the data symbols transmitted between the at least one wireless transmitter and at least one wireless receiver.
Claim 8:
The system of claim 7, wherein using the channel response parameters to extract the plurality of data symbols comprises: using the channel response parameters to deconvolute received channel convoluted waveform bursts, thereby deriving the approximation of the originally transmitted wireless waveform bursts.
Claim 9:
The system of claim 7, wherein the channel response parameters are updated using at least relative positions, relative velocities, and coefficients of wireless reflection of the at least one wireless transmitter, the at least one wireless receiver, and the at least one wireless reflector.
Claim 2 (a method) of the Application corresponds to claims 7-9 of the Patent;
Claim 3 of the Application corresponds to claim 7 of the Patent;
Claim 4 of the Application corresponds to claim 12 of the Patent;
Claim 5 of the Application corresponds to claim 7 of the Patent;
Claim 6 of the Application corresponds to claim 10 of the Patent;
Claim 7 of the Application corresponds to claim 10 of the Patent;
Claim 8 of the Application corresponds to claim 1 of the Patent;
Claim 9 of the Application corresponds to claim 7 of the Patent;
Claim 10 of the Application corresponds to claim 12 of the Patent;
Claim 11 of the Application corresponds to claim 7 of the Patent;
Claim 12 of the Application corresponds to claim 7 of the Patent;
Claim 13 of the Application corresponds to claim 7 of the Patent;
Claim 14 of the Application corresponds to claim 7 of the Patent;
Claim 15 of the Application corresponds to claim 16 of the Patent;
Claim 16 (an article of manufacture) of the Application corresponds to claim 7 of the Patent;
Claim 17 of the Application corresponds to claim 7 of the Patent;
Claim 18 of the Application corresponds to claim 1 of the Patent;
Claim 19 of the Application corresponds to claim 7 of the Patent;
Claim 20 of the Application corresponds to claim 10 of the Patent; and
Claim 21 of the Application corresponds to claim 16 of the Patent.
Conclusion
10. 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.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at (571) 272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BENJAMIN H. ELLIOTT IV
Primary Examiner
Art Unit 2474
/BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 May 22, 2026
Prosecution Insights