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 .
This action is in response to the applicant arguments filed on 8/7/2026.
The Non-Final rejection dated 5/7/2026 has been withdrawn.
The IDS filed on 5/19/2026 is considered.
Claims 1-12 have been examined and rejected based on new grounds of rejection.
The Double Patenting rejection is maintained, as Terminal Disclaimer has not been filed.
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.
Claims 1-12 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.
Independent claims 1, 7 recite in part: “… the first constellation and the second constellation are different, and wherein the first constellation and the second constellation vary respectively based on repetition indices corresponding to the first repetition of the data payload and the second repetition of the data payload.” The underlined limitation is unclear. Specifically, the limitation “repetition indices” is unclear, as to what it represents, and their impact on the rest of the claimed method, making this limitation unclear and hence indefinite.
Additionally, the claim already has limitation that specify that the first constellation and the second constellation are “different” from each other, and they are used for the first repletion and the second repetition respectively, making the above underlined limitation confusing and hence indefinite.
The dependent claims 2-6 and 8-12 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph by virtue of their dependency and for the same reasons stated above.
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.
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.
Claims 1-2, 4-8, 10-11 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 16, 2, 4-5, 18, 11-12, 14 respectively of U.S. Patent No. 12,040,998 B2 in view of Chen (WO 2017133635 A1).
Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1, 16, 2, 4-5, 18, 11-12, 14 of U.S. Patent No. 12,040,998 B2 disclose determining based on the plurality of indices associated with the plurality of TRPs, a plurality of constellations for transmitting each of a plurality of repetitions of a data payload to a respective one of the plurality of TRPs, the repetitions of the data payload comprise sets of coded bit sequences.
Claims 1, 16, 2, 4-5, 18, 11-12, 14 of U.S. Patent No. 12,040,998 B2 do not disclose: a first time interval for a first repetition of the first constellation and a second time interval for the second repetition of the second constellation
Chen teaches these limitations: see page 5, The constellation version of the data of the first specified time domain resource unit in the first time domain resource may be pre-defined or configured by signaling, where the time domain of the first time domain resource includes, a time domain resource occupied by repeated transmission; the first specified time domain resource unit is at least one of: an OFDM symbol, and one subframe… When the time-domain granularity of the data repetition of the transmission signal is an OFDM symbol, the constellation version of the first OFDM symbol of the i+1th repetition unit is different from the constellation version of the last OFDM symbol of the i-th repetition unit.
It would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the claims of U.S. Patent No. 12,040,998 B2, to include time domain resources for the repeated transmissions for every constellation per repetition, as taught by Chen, the motivation being, to have a time domain granularity for data repetition and a constellation version of signaling configuration (see Chen, Abstract), and to reduce the peak-to-average ratio of the NB-IOT terminal (see page 1).
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) 1-4, 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (WO 2017133635 A1).
Regarding Claim 1, Chen teaches a method for enhancing transmission reliability performed by a transmit/receive point (TRP), the method comprising:
transmitting, to a wireless transmit/receive unit (WTRU), information indicating at least a first constellation to be used for modulating a transmission (see page 5, a signal processing method applied to a terminal side; Step S102, selecting/i.e., representing transmitting to the WTRU by a TRP or base station, a specified constellation version/i.e., the first constellation according to parameter information of the transmission signal … The parameter information includes: a data type, a modulation mode, a time domain granularity of data repetition, a constellation version of the signaling configuration, and a predefined constellation version),
transmitting, to the WTRU in a first time interval, a first repetition of a data payload, wherein the transmitted first repetition of the data payload comprises a set of coded bits that is modulated according to the indicated at least the first constellation (see page 5, the specified constellation version/i.e., first constellation, is selected according to the parameter information of the transmission signal/i.e., a time domain granularity of data repetition, and the first phase rotation angle corresponding to the specified constellation version is obtained … The constellation version/i.e., the first constellation of the data of the first specified time domain resource unit is pre-defined or configured by signaling, where the first time domain resource is the length of the first specified time domain resource unit, and includes at least one of: a time domain resource for a single transmission of a transport block, a time domain resource occupied by repeated transmission, one subframe, and multiple children. a frame; the first specified time domain resource unit is at least one of: an OFDM symbol, and one subframe); and
transmitting, to the WTRU in a second time interval, a second repetition of the data payload, wherein the first time interval is a slot within a repetition window and the second time interval is a later slot within the repetition window, wherein the transmitted second repetition of the data payload comprises a set of coded bits that is modulated according to a second constellation (see page 5, Step S104, performing phase rotation on the time domain or the frequency domain symbol of the transmission signal according to at least one of the first phase rotation angle and the second phase rotation angle … the second phase rotation angle is selected according to the preset information, and then rotated according to the first phase… Phase rotation of a time domain or a frequency domain symbol of the transmission signal by at least one of an angle and a second phase rotation angle; wherein the parameter information includes one or more of the following parameters: data type, modulation mode, time-domain granularity of data repetition … the constellation version of the signaling configuration obtained by rotating the phase of the modulation symbol of the transmission signal/i.e., the second constellation; also see When the time-domain granularity of the data repetition of the transmission signal is an OFDM symbol, the constellation version of the first OFDM symbol of the i+1th repetition unit is different from the constellation version of the last OFDM symbol of the i-th repetition unit);
wherein the first constellation and the second constellation are different, and wherein the first constellation (see page 5, the specified constellation version/i.e., first constellation, is selected according to the parameter information of the transmission signal/i.e., a time domain granularity of data repetition, and the first phase rotation angle corresponding to the specified constellation version) and the second constellation (see page 5, When the time-domain granularity of the data repetition of the transmission signal is an OFDM symbol, the constellation version of the first OFDM symbol of the i+1th repetition unit is different from the constellation version of the last OFDM symbol of the i-th repetition unit;/i.e., the second constellation) vary respectively based on repetition indices corresponding to the first repetition of the data payload and the second repetition of the data payload (see page 5, When the time domain granularity of the data repetition of the transmission signal is an OFDM symbol, the OFDM symbol carrying the same data in one repetition unit adopts the same constellation version/i.e., for the first data repetition; When the time-domain granularity of the data repetition of the transmission signal is an OFDM symbol, the constellation version of the first OFDM symbol of the i+1th repetition unit is different from the constellation version of the last OFDM symbol of the i-th repetition unit/i.e., for the second data repetition).
Chen teaches that the constellation version is selected based on granularity of data repetition, i.e., constellation version of the first OFDM symbol of the i+1th repetition as detailed above.
Chen does not specify “repetition index”.
However, it would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Chen, so as to specify “repetition indices” for different constellation patterns, since Chen already teaches that the first constellation and the second constellation are different from each other for the first and the second repetitions of the data payload.
Regarding Claims 2, 8, Chen teaches: the first constellation and the second constellation are permutations of a baseline constellation (see page 5, the specified constellation version is selected according to the parameter information of the transmission signal, and the first phase rotation angle corresponding to the specified constellation version/i.e., first or baseline constellation … Step S104, performing phase rotation on the time domain or the frequency domain symbol of the transmission signal according to at least one of the first phase rotation angle and the second phase rotation angle/i.e., phase rotation representing permutations of a baseline first constellation … the second phase rotation angle is selected according to the preset information/i.e., baseline or first constellation, and then rotated according to the first phase… the constellation version of the signaling configuration obtained by rotating the phase of the modulation symbol of the transmission signal/i.e., the second constellation).
Regarding Claims 3, 9, Chen teaches: transmitting, to the WTRU, a message including information indicating the second constellation (see page 5, a constellation version sent by the signaling configuration … The signaling may include at least one of the following: Radio Resource Control (RRC) signaling, Downlink Control Information (DCI), and System Information Block (SIB) signaling).
Regarding Claims 4, 10, Chen teaches: the second constellation is determined based on the first constellation and an index associated with the second repetition of the data payload (see page 5, the specified constellation version is selected according to the parameter information of the transmission signal, and the first phase rotation angle corresponding to the specified constellation version/i.e., first or baseline constellation … Step S104, performing phase rotation on the time domain or the frequency domain symbol of the transmission signal according to at least one of the first phase rotation angle and the second phase rotation angle … the second phase rotation angle is selected according to the preset information/i.e., baseline or first constellation, and then rotated according to the first phase… the constellation version of the signaling configuration obtained by rotating the phase of the modulation symbol of the transmission signal/i.e., the second constellation);
Chen teaches that the constellation version is selected based on granularity of data repetition, i.e., constellation version of the first OFDM symbol of the i+1th repetition as detailed above.
Chen does not specify “repetition index”.
However, it would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Chen, so as to specify “repetition indices” for different constellation patterns, since Chen already teaches that the first constellation and the second constellation are different from each other for the first and the second repetitions of the data payload.
Regarding Claim 7, Chen teaches a transmit/receive point (TRP) comprising: a processor; and a transceiver, coupled to the processor, the processor and the transceiver configured to:
transmit to a wireless transmit/receive unit (WTRU), information indicating at least a first constellation to be used for modulating a transmission (see page 5, a signal processing method applied to a terminal side; Step S102, selecting/i.e., representing transmitting to the WTRU by a TRP or base station, a specified constellation version/i.e., the first constellation according to parameter information of the transmission signal … The parameter information includes: a data type, a modulation mode, a time domain granularity of data repetition, a constellation version of the signaling configuration, and a predefined constellation version),
transmit to the WTRU in a first time interval, a first repetition of a data payload, wherein the transmitted first repetition of the data payload comprises a set of coded bits that is modulated according to the indicated at least the first constellation (see page 5, the specified constellation version/i.e., first constellation, is selected according to the parameter information of the transmission signal/i.e., a time domain granularity of data repetition, and the first phase rotation angle corresponding to the specified constellation version is obtained … The constellation version/i.e., the first constellation of the data of the first specified time domain resource unit is pre-defined or configured by signaling, where the first time domain resource is the length of the first specified time domain resource unit, and includes at least one of: a time domain resource for a single transmission of a transport block, a time domain resource occupied by repeated transmission, one subframe, and multiple children. a frame; the first specified time domain resource unit is at least one of: an OFDM symbol, and one subframe); and
transmit to the WTRU in a second time interval, a second repetition of the data payload, wherein the first time interval is a slot within a repetition window and the second time interval is a later slot within the repetition window, wherein the transmitted second repetition of the data payload comprises a set of coded bits that is modulated according to a second constellation see page 5, Step S104, performing phase rotation on the time domain or the frequency domain symbol of the transmission signal according to at least one of the first phase rotation angle and the second phase rotation angle … the second phase rotation angle is selected according to the preset information, and then rotated according to the first phase… Phase rotation of a time domain or a frequency domain symbol of the transmission signal by at least one of an angle and a second phase rotation angle; wherein the parameter information includes one or more of the following parameters: data type, modulation mode, time-domain granularity of data repetition … the constellation version of the signaling configuration obtained by rotating the phase of the modulation symbol of the transmission signal/i.e., the second constellation; also see When the time-domain granularity of the data repetition of the transmission signal is an OFDM symbol, the constellation version of the first OFDM symbol of the i+1th repetition unit is different from the constellation version of the last OFDM symbol of the i-th repetition unit);
wherein the first constellation and the second constellation are different, and wherein the first constellation (see page 5, the specified constellation version/i.e., first constellation, is selected according to the parameter information of the transmission signal/i.e., a time domain granularity of data repetition, and the first phase rotation angle corresponding to the specified constellation version) and the second constellation (see page 5, When the time-domain granularity of the data repetition of the transmission signal is an OFDM symbol, the constellation version of the first OFDM symbol of the i+1th repetition unit is different from the constellation version of the last OFDM symbol of the i-th repetition unit;/i.e., the second constellation) vary respectively based on repetition indices corresponding to the first repetition of the data payload and the second repetition of the data payload (see page 5, When the time domain granularity of the data repetition of the transmission signal is an OFDM symbol, the OFDM symbol carrying the same data in one repetition unit adopts the same constellation version/i.e., for the first data repetition; When the time-domain granularity of the data repetition of the transmission signal is an OFDM symbol, the constellation version of the first OFDM symbol of the i+1th repetition unit is different from the constellation version of the last OFDM symbol of the i-th repetition unit/i.e., for the second data repetition).
Chen teaches that the constellation version is selected based on granularity of data repetition, i.e., constellation version of the first OFDM symbol of the i+1th repetition as detailed above.
Chen does not specify “repetition index”.
However, it would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method of Chen, so as to specify “repetition indices” for different constellation patterns, since Chen already teaches that the first constellation and the second constellation are different from each other for the first and the second repetitions of the data payload.
Claim(s) 5-6, 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Wengerter (US 20050163040 A1, hereinafter “Wengerter”).
Regarding Claims 5, 11, Chen does not teach details regarding: the set of coded bits is interleaved prior to modulation according to at least the second constellation.
Wengerter teaches constellation rearrangement, it further teaches: see para 43, table 5 provides an example how to obtain mappings 1 to 4 (or mappings with equivalent bit reliabilities for i.sub.1, i.sub.2, q.sub.1 and q.sub.2), where the bits always refer to the first transmission, and a long dash above a character denotes logical bit inversion of that bit. See Table 5, Alternative implementation of the Constellation Rearrangement by interleaving (intra-symbol interleaving) and logical inversion of bits mapped onto the modulation symbols/i.e., representing interleaving prior to modulation.
It would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Chen, so that the set of coded bits is interleaved prior to modulation as taught by Wengerter, the motivation being, to improve the decoding performance at the receiver by applying different signal constellation mappings to the available distinguishable transmit diversity branches (see Wengerter, para 18).
Regarding Claims 6, 12, Chen does not teach details regarding: the set of coded bits that is modulated according to at least the second constellation is interleaved prior to transmission.
Wengerter teaches constellation rearrangement, it further teaches: see Table 5, first column is Mapping No. which is the constellation number, see para 43, table 5 provides an example how to obtain mappings 1 to 4 (or mappings with equivalent bit reliabilities for i.sub.1, i.sub.2, q.sub.1 and q.sub.2), where the bits always refer to the first transmission, and a long dash above a character denotes logical bit inversion of that bit/i.e., every mapping number or ever constellation numbers 2-4, have one or more logical inversions of bits.
It would be obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Chen, so that the set of coded bits is interleaved prior to modulation as taught by Wengerter, the motivation being, to improve the decoding performance at the receiver by applying different signal constellation mappings to the available distinguishable transmit diversity branches (see Wengerter, para 18).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sun (US 20170118315 A1) teaches a system for detecting data received in low power low rate (LPLR) data frame format, by reducing interference between the frequency gap that separates the adjacent duplicates. The data transmission has highly reliable and relatively low complexity. The different phase rotation or different constellation mapping are applied for each repetition, thus reduces the peak-to-average power (PAPR) and improves the performance. The timing of the symbols within the LPLR long training field (LTF) replicates is accurately identified, and flexibility is provided between symbols. The LPLR LTF field is duplicated multiple times in the time domain, thus improves the gain and signal-to-noise ratio (SNR). The efficiency and coverage are improved, by allowing the LPLR STF duration to change dynamically.
Kim (US 20030081690 A1) teaches improving the reliability of data bits in a CDMA mobile communication system. High-priority bits are mapped to a high-reliability bit position and low-priority bits, to a low-reliability bit position in symbols. Thus, system performance is improved at a transmission… paras 84-85, FIG. 8 and FIG. 10. In the case of retransmission, i is increased by 1 in step 1028 and i is compared with i.sub.max in step 1030… retransmission data is read from a buffer in step 1032. Though not shown in FIG. 8, the buffer is a memory for temporarily storing data in case of retransmission before an ACK signal is received in a communication system supporting data retransmission. In step 1034, it is determined whether chase combining CC is used as an HARQ technique. In CC, initially transmitted systematic bits and parity bits are simply retransmitted. In IR, the systematic bits and parity bits are changed for retransmission. If the HARQ technique is CC, a constellation for symbol mapping at this retransmission is determined in step 1036. The index j indicating a constellation is determined. Therefore, j is within a range from 0 to j.sub.max-1 and j.sub.max constellations are cyclically used at retransmissions in CC. If j is 0, this means an initial transmission. As defined before, j.sub.max is the total number of available constellations for symbol mapping. When the constellations illustrated in FIGS. 7A to 7B are used, j.sub.max is 4. Hence a different constellation is used for symbol mapping at each retransmission in chase combining CC.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEEPA BELUR whose telephone number is (571)270-3722. The examiner can normally be reached M-F 8 am - 4:30 pm.
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/DEEPA BELUR/Primary Examiner, Art Unit 2472
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