CTNF 18/794,805 CTNF 83811 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to AIA 35U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, anycorrection of the statutory basis for the rejection will not be considered a new ground ofrejection if the prior art relied upon, and the rationale supporting the rejection, would bethe same under either status. Double Patenting 08-33 AIA The non-statutory 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 non-statutory obviousness-type 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); and 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 a non-statutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1-18 are rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1-18 of issued application of Imamura et al., U.S. Patent No. 11,470,583 B2 (Imamura’583 hereinafter) in view of Shin et al. (US 2005/0254461 A1). Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter claimed in the instant application is covered by the issued patent Imamura’583. Regarding claims 1-18 the difference between the conflicting claims of the instant application and issued patent, Imamura’583, are set forth in the discussion below. Instant Application 18/794,805 Patent 11,470,583 B2 Claim 1. A mobile station comprising: a receiver, which, in operation, receives an index indicating a transmission format; circuitry, which, in operation, executes coding processing of data and control information, the coding processing including a code rate adjustment for the data, and the coding processing including coding the control information at a predetermined coding rate, wherein the code rate adjustment for the data is performed by changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data; and a transmitter, which, in operation, transmits the data and the control information, of which the coding processing is executed . Claim 1. A mobile station comprising: a receiver, which, in operation, receives an index indicating a transmission format; circuitry, which, in operation, executes coding processing of data and control information, the coding processing including a code rate adjustment for the data, wherein the code rate adjustment for the data is performed by changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data; and a transmitter, which, in operation, transmits the data and the control information, of which the coding processing is executed . Claim 2. wherein the code rate adjustment for the data is performed in a way that differentiates a code rate of the data transmitted together with the control information from a code rate of the data transmitted without the control information . Claim 2. wherein the code rate adjustment for the data is performed in a way that differentiates a code rate of the data transmitted together with the control information from a code rate of the data transmitted without the control information . Claim 3. wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data . Claim 3. wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data . Claim 4. wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK . Claim 4. wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK . Claim 5. wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK . Claim 5. wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK . Claim 6. wherein the code rate adjustment for the data is performed in a way that differentiates a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK . Claim 6. wherein the code rate adjustment for the data is performed in a way that differentiates a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK . Claim 7. wherein the transmission format includes a transport block size for the data and a modulation scheme . Claim 7. wherein the transmission format includes a transport block size for the data and a modulation scheme . Claim 8. wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data . Claim 8. wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data . Claim 9. wherein the coding processing includes a rate matching for the data . Claim 9. wherein the coding processing includes a rate matching for the data . Claim 10. A communication method comprising: receiving, by a mobile station, an index indicating a transmission format; executing, by the mobile station, coding processing of data and control information, the coding processing including a code rate adjustment for the data, and the coding processing including coding the control information at a predetermined coding rate, wherein the code rate adjustment for the data includes changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data; and transmitting, by the mobile station, the data and the control information, of which the coding processing is executed . Claim 10. A communication method comprising: receiving, by a mobile station, an index indicating a transmission format; executing, by the mobile station, coding processing of data and control information, the coding processing including a code rate adjustment for the data, wherein the code rate adjustment for the data includes changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data; and transmitting, by the mobile station, the data and the control information, of which the coding processing is executed . Claim 11 . wherein the code rate adjustment for the data includes differentiating a code rate of the data transmitted together with the control information from a code rate of the data transmitted without the control information . Claim 11. wherein the code rate adjustment for the data includes differentiating a code rate of the data transmitted together with the control information from a code rate of the data transmitted without the control information . Claim 12. wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data . Claim 12. wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data . Claim 13. wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK . Claim 13. wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK . Claim 14. wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK . Claim 14. wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK . Claim 15. wherein the code rate adjustment for the data includes differentiating a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK . Claim 15. wherein the code rate adjustment for the data includes differentiating a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK . Claim 16. wherein the transmission format includes a transport block size for the data and a modulation scheme . Claim 16. wherein the transmission format includes a transport block size for the data and a modulation scheme . Claim 17. wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data . Claim 17. wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data . Claim 18. wherein the coding processing includes a rate matching for the data . Claim 18. wherein the coding processing includes a rate matching for the data . Imamura’583 discloses a radio transmitting apparatus and radio transmission method for performing uplink band allocation through scheduling. Regarding claim 1, Imamura’583 discloses A mobile station comprising: a receiver, which, in operation, receives an index indicating a transmission format, wherein the code rate adjustment for the data is performed by changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data; and a transmitter, which, in operation, transmits the data and the control information, of which the coding processing is executed. (see Imamura’583, claim 1). Regarding claim 2, Imamura’583 discloses wherein the code rate adjustment for the data is performed in a way that differentiates a code rate of the data transmitted together with the control information from a code rate of the data transmitted without the control information (see Imamura’583, claim 2). Regarding claim 3, Imamura’583 discloses wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data (see Imamura’583, claim 3). Regarding claim 4, Imamura’972 discloses wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK (see Imamura’972, claim 4). Regarding claim 5, Imamura’583 discloses wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK (see Imamura’583, claim 5). Regarding claim 6, Imamura’583 discloses wherein the code rate adjustment for the data is performed in a way that differentiates a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK (see Imamura’583, claim 6). Regarding claim 7, Imamura’583 discloses wherein the transmission format includes a transport block size for the data and a modulation scheme (see Imamura’583, claim 7). Regarding claim 8, Imamura’583 discloses wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data (see Imamura’583, claim 8). Regarding claim 9, Imamura’583 discloses wherein the coding processing includes a rate matching for the data (see Imamura’583, claim 9). Regarding claim 10, Imamura’583 discloses a communication method comprising: receiving, by a mobile station, an index indicating a transmission format; executing, by the mobile station, coding processing of data and control information, the coding processing including a code rate adjustment for the data, wherein the code rate adjustment for the data includes changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data; and transmitting, by the mobile station, the data and the control information, of which the coding processing is executed 10). Regarding claim 11, Imamura’583 discloses wherein the code rate adjustment for the data includes differentiating a code rate of the data transmitted together with the control information from a code rate of the data transmitted without the control information (see Imamura’583, claim 11). Regarding claim 12, Imamura’583 discloses wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data (see Imamura’583, claim 12). Regarding claim 13, Imamura’583 discloses wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK (see Imamura’583, claim 13). Regarding claim 14, Imamura’583 discloses wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK (see Imamura’583, claim 14). Regarding claim 15, Imamura’583 discloses wherein the code rate adjustment for the data includes differentiating a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK (see Imamura’583, claim 15). Regarding claim 16, Imamura’583 discloses wherein the transmission format includes a transport block size for the data and a modulation scheme (see Imamura’583, claim 16). Regarding claim 17, Imamura’583 discloses wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data (see Imamura’583, claim 17). Regarding claim 18, Imamura’583 discloses wherein the coding processing includes a rate matching for the data (see Imamura’583, claim 18). Imamura’583 does not expressly disclose the following feature: regarding claim 1, the coding processing including coding the control information at a predetermined coding rate; regarding claim 10, the coding processing including coding the control information at a predetermined coding rate. Regarding claim 1, Obuchi et al. (US 2010/0220681 A1) teach the coding processing including coding the control information at a predetermined coding rate (Figs. 7-9 and 11, [0021, claim 1], a control channel information transmission method includes: performing error correction coding for control channel information based on an Adaptive Modulation and Coding scheme; by using a predetermined modulation scheme, modulating and transmitting the error correction coded control channel information; and further, according to propagation condition, differentiating a coding rate in the error correction coding. A method for transmitting a control channel information to perform an adaptive coding and modulation comprising: performing error correction coding at a predetermined coding rate for the control channel information; modulating according to a predetermined modulation scheme and transmitting the error correction coded control channel information ). Regarding claim 10, Obuchi et al. (US 2010/0220681 A1) teach the coding processing including coding the control information at a predetermined coding rate (Figs. 7-9 and 11, [0021, claim 1], a control channel information transmission method includes: performing error correction coding for control channel information based on an Adaptive Modulation and Coding scheme; by using a predetermined modulation scheme, modulating and transmitting the error correction coded control channel information; and further, according to propagation condition, differentiating a coding rate in the error correction coding. A method for transmitting a control channel information to perform an adaptive coding and modulation comprising: performing error correction coding at a predetermined coding rate for the control channel information; modulating according to a predetermined modulation scheme and transmitting the error correction coded control channel information ). It would have been obvious to one of the ordinary skill in the art at the time of invention to modify the system of Imamura’583 by using the features as taught by Obuchi et al. in order to provide a more effective and efficient system that is capable of coding processing including coding the control information at a predetermined coding rate. The motivation is to support an improved method of a control channel information transmission to adaptively control communication parameters (see [0002]). Claim Rejections - 35 USC § 103 07-20-fti The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. 07-23-fti The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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 non-obviousness. 07-20-02-fti This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a). 07-21-fti Claim s 1 and 10 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Frederiksen (US 2006/0067229 A1) in view of Sagne (US 7,046,702 B2) . Regarding claim 1, Frederiksen teaches a mobile station comprising: a receiver, which, in operation, receives an index indicating a transmission format (Figs. 4-5, [0057], output provided by this unit 22 provide the index number, the number of codes and the modulation scheme. The modulation scheme and UE capability class will define which look up table 30 is accessed , the number of codes will define the column of the table to be looked at whilst the index number will define the row to be looked at. If the index number needs to be modified, then the output to the user equipment will include the modified index number. It should be appreciated that the user equipment is also sent the modulation scheme information and the number of codes, Frederiksen teaches circuitry, which, in operation, executes coding processing of data and control information, the coding processing including a code rate adjustment for the data (Figs. 2, and 4-5, [0011, 0025-0026], there is provided an apparatus for determining a transport block size for use in a data transmission comprising circuitry adapted to determine a desired code rate for transmission of the data and at least one look up table for adjusting the transport block size if the desired code rate is associated with a reduced performance. The link adaptation has to find the effective code rate to use seen from a link quality point of view . An integer number of MAC (media access control) PDUs (packet data units) and a MAC header have to fit into this effective code rate. If this cannot be met 100%, a lower code rate can be chosen to ensure a higher probability that the packet comes through or a higher code rate can be chosen, thus relying more on H-ARQ to recover from the potential higher probability that there will be errors in the packet. [0028] 3. A transport block size has to be signaled on the HS-SCCH (high speed shared control channel)), Frederiksen teaches and the coding processing including coding the control information at a predetermined coding rate, wherein the code rate adjustment for the data is performed by changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data (Figs. 2, and 4-5, [0011, 0026-0027, 0034], for determining a transport block size for use in a data transmission comprising circuitry adapted to determine a desired code rate for transmission of the data and at least one look up table for adjusting the transport block size if the desired code rate is associated with a reduced performance. The link adaptation has to find the effective code rate to use seen from a link quality point of view. An integer number of MAC (media access control) PDUs (packet data units) and a MAC header have to fit into this effective code rate. If this cannot be met 100%, a lower code rate can be chosen to ensure a higher probability that the packet comes through or a higher code rate can be chosen , thus relying more on H-ARQ to recover from the potential higher probability that there will be errors in the packet. [0028] 3. A transport block size has to be signaled on the HS-SCCH (high speed shared control channel. Given a transport block size x that can be signaled over the HS-SCCH, it is possible to calculate the number of bits that come out of the turbo encoder : (Y) Y=(x+CRC)+TAIL where CRC (cyclic redundancy code) is the number of CRC bits (24) and TAIL is the number of tail bits from the turbo encoder (12). These values are fixed for the HS-DSCH but may in other applications of embodiments of the invention be different), Frederiksen teaches and a transmitter, which, in operation, transmits the data and the control information, of which the coding processing is executed (Fig. 5, [0052, 0055], scheduling is done at the desired data rate but the transport block size is adjusted slightly such that the probability of success is significantly higher . The link adaptation and packet scheduling algorithm unit 24 receives the user data and quality of service settings from the buffer block 22 and implements packet scheduling and link adaptation algorithms for transmitting packet data to the user equipment . To aid the packet scheduling and link adaption, the unit 24 may receive radio channel quality estimates from an estimator 26 which receives information from each user equipment on an uplink path such as CQI (channel quality information). Frederiksen is teaching coding processing of data and control information with code rate adjustment. Frederiksen, however, fails to teach of coding control the code rate is performed by changing a number of bits with the transmission format of the data, and the control information and data are transmitted together . (Emphasis added). Regarding claim 1, Sagne teaches the coding processing including coding the control information at a predetermined coding rate, wherein the code rate adjustment for the data is performed by changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data (Fig. 2, [6-7], there are two types of transport channels: dedicated channels and common channels. A dedicated transport channel (e.g., DCH or DSCH) carries all of the information intended for a given user coming from layers above the physical layer including data for the actual services as well as higher layer control information. The data rate on a dedicated transport channel can change on a TTI basis. A dedicated channel is mapped onto two physical channels. The dedicated physical data channel (DPDCH) carries higher layer information including user data. The dedicated physical control channel (DPCCH) carries the necessary physical layer control information. These two dedicated physical channels are needed to support efficient variable bit rate in the physical layer . In the uplink (UL) direction, the bit rate of DPCCH is constant, whereas the bit rate of DPDCH can change from frame to frame. In the downlink (DL) direction, the DPCCH and the DPDCH are time-multiplexed on a constant rate physical layer. variable data rates may be implemented by a rate matching operation using rate information sent with the transport format combination indicator (TFCI) transmitted on the DPCCH for the current DPDCH frame. In other words, for every ten millisecond frame, the TFCI information decoded from the DPCCH frame is used to obtain the bit rate and channel decoding parameters for DPDCH. At the transmitter, rate matching is used to match the number of bits to be transmitted to the number available in a single frame and must take into account the number of bits coming from other transport channels that are active in a particular frame. Higher layers provide a semi-static parameter called the Rate Matching Attribute (RMA) to control rate matching between different transport channels. The rate matching attribute is used to calculate the rate matching value when multiplexing several transport channels for the same frame. By adjusting the rate matching attribute for each transport channel, it is ensured that an amount of data sent on this transport channel can efficiently be mapped on the physical layer). It would have been obvious to one of the ordinary skill in the art at the time of invention to modify the system of Frederiksen by using the features as taught by Sagne in order to provide a more effective and efficient system that is capable of coding processing including coding the control information at a predetermined coding rate, wherein the code rate adjustment for the data is performed by changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data. The motivation is to support an improved method for signaling relating to physical layer configuration changes (see [2]). Regarding claim 10, Frederiksen teaches a mobile station comprising: a receiver, which, in operation, receives an index indicating a transmission format (Figs. 4-5, [0057], output provided by this unit 22 provide the index number, the number of codes and the modulation scheme. The modulation scheme and UE capability class will define which look up table 30 is accessed , the number of codes will define the column of the table to be looked at whilst the index number will define the row to be looked at. If the index number needs to be modified, then the output to the user equipment will include the modified index number. It should be appreciated that the user equipment is also sent the modulation scheme information and the number of codes, Frederiksen teaches circuitry, which, in operation, executes coding processing of data and control information, the coding processing including a code rate adjustment for the data (Figs. 2, and 4-5, [0011, 0025-0026], there is provided an apparatus for determining a transport block size for use in a data transmission comprising circuitry adapted to determine a desired code rate for transmission of the data and at least one look up table for adjusting the transport block size if the desired code rate is associated with a reduced performance. The link adaptation has to find the effective code rate to use seen from a link quality point of view . An integer number of MAC (media access control) PDUs (packet data units) and a MAC header have to fit into this effective code rate. If this cannot be met 100%, a lower code rate can be chosen to ensure a higher probability that the packet comes through or a higher code rate can be chosen, thus relying more on H-ARQ to recover from the potential higher probability that there will be errors in the packet. [0028] 3. A transport block size has to be signaled on the HS-SCCH (high speed shared control channel)), Frederiksen teaches and the coding processing including coding the control information at a predetermined coding rate, wherein the code rate adjustment for the data is performed by changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data (Figs. 2, and 4-5, [0011, 0026-0027, 0034], for determining a transport block size for use in a data transmission comprising circuitry adapted to determine a desired code rate for transmission of the data and at least one look up table for adjusting the transport block size if the desired code rate is associated with a reduced performance. The link adaptation has to find the effective code rate to use seen from a link quality point of view. An integer number of MAC (media access control) PDUs (packet data units) and a MAC header have to fit into this effective code rate. If this cannot be met 100%, a lower code rate can be chosen to ensure a higher probability that the packet comes through or a higher code rate can be chosen , thus relying more on H-ARQ to recover from the potential higher probability that there will be errors in the packet. [0028] 3. A transport block size has to be signaled on the HS-SCCH (high speed shared control channel. Given a transport block size x that can be signaled over the HS-SCCH, it is possible to calculate the number of bits that come out of the turbo encoder : (Y) Y=(x+CRC)+TAIL where CRC (cyclic redundancy code) is the number of CRC bits (24) and TAIL is the number of tail bits from the turbo encoder (12). These values are fixed for the HS-DSCH but may in other applications of embodiments of the invention be different), Frederiksen teaches and a transmitter, which, in operation, transmits the data and the control information, of which the coding processing is executed (Fig. 5, [0052, 0055], scheduling is done at the desired data rate but the transport block size is adjusted slightly such that the probability of success is significantly higher . The link adaptation and packet scheduling algorithm unit 24 receives the user data and quality of service settings from the buffer block 22 and implements packet scheduling and link adaptation algorithms for transmitting packet data to the user equipment . To aid the packet scheduling and link adaption, the unit 24 may receive radio channel quality estimates from an estimator 26 which receives information from each user equipment on an uplink path such as CQI (channel quality information). Frederiksen is teaching coding processing of data and control information with code rate adjustment. Frederiksen, however, fails to teach of coding control the code rate is performed by changing a number of bits with the transmission format of the data, and the control information and data are transmitted together . (Emphasis added). Regarding claim 10, Sagne teaches the coding processing including coding the control information at a predetermined coding rate, wherein the code rate adjustment for the data is performed by changing a number of bits of the data with the transmission format depending on whether or not the control information is to be transmitted together with the data (Fig. 2, [6-7], there are two types of transport channels: dedicated channels and common channels. A dedicated transport channel (e.g., DCH or DSCH) carries all of the information intended for a given user coming from layers above the physical layer including data for the actual services as well as higher layer control information. The data rate on a dedicated transport channel can change on a TTI basis. A dedicated channel is mapped onto two physical channels. The dedicated physical data channel (DPDCH) carries higher layer information including user data. The dedicated physical control channel (DPCCH) carries the necessary physical layer control information. These two dedicated physical channels are needed to support efficient variable bit rate in the physical layer . In the uplink (UL) direction, the bit rate of DPCCH is constant, whereas the bit rate of DPDCH can change from frame to frame. In the downlink (DL) direction, the DPCCH and the DPDCH are time-multiplexed on a constant rate physical layer. variable data rates may be implemented by a rate matching operation using rate information sent with the transport format combination indicator (TFCI) transmitted on the DPCCH for the current DPDCH frame. In other words, for every ten millisecond frame, the TFCI information decoded from the DPCCH frame is used to obtain the bit rate and channel decoding parameters for DPDCH. At the transmitter, rate matching is used to match the number of bits to be transmitted to the number available in a single frame and must take into account the number of bits coming from other transport channels that are active in a particular frame. Higher layers provide a semi-static parameter called the Rate Matching Attribute (RMA) to control rate matching between different transport channels. The rate matching attribute is used to calculate the rate matching value when multiplexing several transport channels for the same frame. By adjusting the rate matching attribute for each transport channel, it is ensured that an amount of data sent on this transport channel can efficiently be mapped on the physical layer). It would have been obvious to one of the ordinary skill in the art at the time of invention to modify the system of Frederiksen by using the features as taught by Sagne in order to provide a more effective and efficient system that is capable of coding processing including coding the control information at a predetermined coding rate, the code rate adjustment for the data is performed by changing a number of bits of the data with the transmission format, and depending on whether or not the control information is to be transmitted together with the data . The motivation is to support an improved method of a control channel information transmission to adaptively control communication parameters (see [0002]) . 07-22-fti Claim s 2-4, 7, 11-13 and 16 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Frederiksen (US 2006/0067229 A1) in view of Sagne (US 7,046,702 B2) as applied to claim s 1 and 10 above, and further in view of Dotting et al. (US 2006/0133402 A1) . Frederiksen and Sagne disclose the claimed limitations as described in paragraph 7 above. Regarding claim 2, Frederiksen. teaches wherein the code rate adjustment for the data is performed in a way that differentiates a code rate of the data transmitted together with the control information from a code rate of the data transmitted without the control information (figs. 4-5, [0012], determine a desired code rate for transmission of the data and to adjust the transport block size if the desired code rate is associated with a reduced performance ). Regarding claim 11, Frederiksen. teaches wherein the code rate adjustment for the data includes differentiating a code rate of the data transmitted together with the control information from a code rate of the data transmitted without the control information (figs. 4-5, [0012], determine a desired code rate for transmission of the data and to adjust the transport block size if the desired code rate is associated with a reduced performance ). Frederiksen and Sagne do not disclose the following features: regarding claim 3, wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data; regarding claim 4, wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK; regarding claim 7, wherein the transmission format includes a transport block size for the data and a modulation scheme; regarding claim 12, wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data; regarding claim 13, wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK; regarding claim 16, wherein the transmission format includes a transport block size for the data and a modulation scheme. Regarding claim 3, Dotting et al. teach wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data (Fig. 3, [0022, 0049 & 0066-0067] summarized as "ACK/NACK is a control information and CQI is data are transmitted together"). Regarding claim 4, Dotting et al. teach wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK (Fig. 3, [0049 & 0066-0067], modulation and coding system is used based on a channel quality message CQI, as the code rate can be calculated from the number of codes and the size of the transport block in bits which is changed with the changing of the TB size as shown in the table of the fig.). Regarding claim 7, Dotting et al. teach wherein the transmission format includes a transport block size for the data and a modulation scheme (Fig. 3, [0042 & 0110-0113], as illustrated in the fig. the transport format (TF) includes transport block size for the data and a modulation scheme). Regarding claim 12, Dotting et al. teach wherein the control information is one or both of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the data (Fig. 3, [0022, 0049 & 0066-0067] summarized as "ACK/NACK is a control information and CQI is data are transmitted together"). Regarding claim 13, Dotting et al. teach wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with at least one of the CQI and the ACK/NACK or without either of the CQI and the ACK/NACK (Fig. 3, [0049 & 0066-0067], modulation and coding system is used based on a channel quality message CQI, as the code rate can be calculated from the number of codes and the size of the transport block in bits which is changed with the changing of the TB size as shown in the table of the fig.). Regarding claim 16, Dotting et al. teach wherein the transmission format includes a transport block size for the data and a modulation scheme (TF) includes transport block size for the data and a modulation scheme). It would have been obvious to one of the ordinary skill in the art at the time of invention to modify the system of Frederiksen with Sagne by using the features as taught by Dotting et al. in order to provide a more effective and efficient system that is capable of controlling information ACK/NACK and CQI to be transmitted together with the data, adjusting for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together CQI and the ACK/NACK, and the transmission format includes a transport block size for the data and a modulation scheme. The motivation is to support an improved method for data transmission parameters are adjusted as a function of the quality of the radio data channel (see [0001]) . 07-22-fti Claim s 5-6 and 14-15 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Frederiksen (US 2006/0067229 A1) in view of Sagne (US 7,046,702 B2) and Dotting et al. (US 2006/0133402 A1) as applied to claim s 1 and 10 above, and further in view of Heo et al. (US 7,573,854 B2) . Frederiksen, Sagne and Dotting et al. disclose the claimed limitations as described in paragraph 7 above. Frederiksen, Sagne and Dotting et al. do not disclose the following features: regarding claim 5, wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK; regarding claim 6, wherein the code rate adjustment for the data is performed in a way that differentiates a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK; regarding claim 14, wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK; regarding claim 15, wherein the code rate adjustment for the data includes differentiating a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK. Regarding claim 5, Heo et al. teach wherein the code rate adjustment for the data is performed by changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK (Fig. 7, [col 14 In 61-67 & col 15 In 1-41], respective data blocks (data 1 and data 2) of the transport channels generated by the MAC layer processor 701 are input to a multiplexer 711 via the rate matching units 710 after being encoded by coding units 702 on a transport channel-by-channel basis wherein the rate matching units 710 perform rate matching by puncturing bit (s) on the data blocks according to the physical channel data bit size, and the control information are transmitted together via RF unit 712). Regarding claim 6, Heo et al. teach wherein the code rate adjustment for the data is performed in a way that differentiates a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK (Fig. 7, [col 14 In 61-67 & col 15 In 1-41], coding processing with coding unit 702 includes rate matching with rate matching unit 710"). Regarding claim 14, Heo et al. teach wherein the code rate adjustment for the data includes changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK (Fig. 7, [col 14 In 61-67 & col 15 In 1-41], respective data blocks (data 1 and data 2) of the transport channels generated by the MAC layer processor 701 are input to a multiplexer 711 via the rate matching units 710 after being encoded by coding units 702 on a transport channel-by-channel basis wherein the rate matching units 710 perform rate matching by puncturing bit (s) on the data blocks according to the physical channel data bit size, and the control information are transmitted together via RF unit 712). Regarding claim 15, Heo et al. teach wherein the code rate adjustment for the data includes differentiating a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK (Fig. 7, [col 14 In 61-67 & col 15 In 1-41], coding processing with coding unit 702 includes rate matching with rate matching unit 710"). It would have been obvious to one of the ordinary skill in the art at the time of invention to modify the system of Frederiksen with Sagne and Dotting et al. by using the features as taught by Heo et al. in order to provide a more effective and efficient system that is capable of adjusting code rate for the data includes changing the number of bits of the data depending on whether the data is transmitted together with the CQI, with the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and the ACK/NACK, and differentiating a code rate of the data transmitted together with at least one of the CQI and the ACK/NACK from a code rate of the data transmitted without either of the CQI and the ACK/NACK. The motivation is to support an improved method for efficiently determining and transmitting control information (see [col 1 ln 23-24]) . 07-22-fti Claim s 8 and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Frederiksen (US 2006/0067229 A1) in view of Sagne (US 7,046,702 B2) and Dotting et al. (US 2006/0133402 A1) as applied to claim s 1 and 10 above, and further in view of Lochi et al. (US 7,257,423 B2) . Frederiksen, Sagne and Dotting et al. disclose the claimed limitations as described in paragraph 7 above. Frederiksen, Sagne and Dotting et al. do not expressly disclose the following features: regarding claim 8, wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data; regarding claim 17, wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data. Regarding claim 8, Lochi et al. teach wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data (Fig. 3, [col 4 lines 33-67 & col 5 lines 1-37], Scheduler 151 determines the TBS (Transport Block Size), the number of codes, and the modulation scheme based on the CQI signal and pilot signal and therefore, the TBS would not be varied if determination result indicates so). Regarding claim 17, Lochi et al. teach wherein the transport block size for the data is not varied depending on the control information to be transmitted together with the data (Fig. 3, [col 4 lines 33-67 & col 5 lines 1-37], Scheduler 151 determines the TBS (Transport Block Size), the number of codes, and the modulation scheme based on the CQI signal and pilot signal and therefore, the TBS would not be varied if determination result indicates so). It would have been obvious to one of the ordinary skill in the art at the time of invention to modify the system of Frederiksen with Sagne and Dotting et al. by using the features as taught by Lochi et al. in order to provide a more effective and efficient system that is capable of not varying transport block size for the data depending on the control information to be transmitted together with the data. The motivation is to support an improved method for performing adaptive modulation in high speed downlink packet access (see [col 1 ln 9-10]) .. 07-22-fti Claim s 9 and 18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Frederiksen (US 2006/0067229 A1) in view of Sagne (US 7,046,702 B2) as applied to claim s 1 and 10 above, and further in view of Heo et al. (US 7,573,854 B2) . Frederiksen and Sagne disclose the claimed limitations as described in paragraph 7 above. Frederiksen and Sagne do not expressly disclose the following features: regarding claim 9, wherein the coding processing includes a rate matching for the data; regarding claim 18, wherein the coding processing includes a rate matching for the data. Regarding claim 9, Heo et al. teach wherein the coding processing includes a rate matching for the data (Fig. 7, [col 14 In 61-67 & col 15 In 1-41], coding processing with coding unit 702 includes rate matching with rate matching unit 710). Regarding claim 18, Heo et al. teach wherein the coding processing includes a rate matching for the data (Fig. 7, [col 14 In 61-67 & col 15 In 1-41], coding processing with coding unit 702 includes rate matching with rate matching unit 710). It would have been obvious to one of the ordinary skill in the art at the time of invention to modify the system of Frederiksen with Sagne by using the features as taught by Heo et al. in order to provide a more effective and efficient system that is capable of including a rate matching for the data in coding processing The motivation is to support an improved method for performing adaptive modulation in high speed downlink packet access (see [col 1 ln 9-10]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED M BOKHARI whose telephone number is (571)270-3115. The examiner can normally be reached Monday through Friday. 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, Kwang B Yao can be reached at 5712723182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SYED M BOKHARI/ Examiner, Art Unit 2473 6/11/2026 /KWANG B YAO/Supervisory Patent Examiner, Art Unit 2473 Application/Control Number: 18/794,805 Page 2 Art Unit: 2473 Application/Control Number: 18/794,805 Page 3 Art Unit: 2473 Application/Control Number: 18/794,805 Page 4 Art Unit: 2473 Application/Control Number: 18/794,805 Page 5 Art Unit: 2473 Application/Control Number: 18/794,805 Page 6 Art Unit: 2473 Application/Control Number: 18/794,805 Page 7 Art Unit: 2473 Application/Control Number: 18/794,805 Page 8 Art Unit: 2473 Application/Control Number: 18/794,805 Page 9 Art Unit: 2473 Application/Control Number: 18/794,805 Page 10 Art Unit: 2473 Application/Control Number: 18/794,805 Page 11 Art Unit: 2473 Application/Control Number: 18/794,805 Page 12 Art Unit: 2473 Application/Control Number: 18/794,805 Page 13 Art Unit: 2473 Application/Control Number: 18/794,805 Page 14 Art Unit: 2473 Application/Control Number: 18/794,805 Page 15 Art Unit: 2473 Application/Control Number: 18/794,805 Page 16 Art Unit: 2473 Application/Control Number: 18/794,805 Page 17 Art Unit: 2473 Application/Control Number: 18/794,805 Page 18 Art Unit: 2473 Application/Control Number: 18/794,805 Page 19 Art Unit: 2473 Application/Control Number: 18/794,805 Page 20 Art Unit: 2473 Application/Control Number: 18/794,805 Page 21 Art Unit: 2473 Application/Control Number: 18/794,805 Page 22 Art Unit: 2473 Application/Control Number: 18/794,805 Page 23 Art Unit: 2473 Application/Control Number: 18/794,805 Page 24 Art Unit: 2473 Application/Control Number: 18/794,805 Page 25 Art Unit: 2473 Application/Control Number: 18/794,805 Page 26 Art Unit: 2473 Application/Control Number: 18/794,805 Page 27 Art Unit: 2473 Application/Control Number: 18/794,805 Page 28 Art Unit: 2473 Application/Control Number: 18/794,805 Page 29 Art Unit: 2473 Application/Control Number: 18/794,805 Page 30 Art Unit: 2473 Application/Control Number: 18/794,805 Page 31 Art Unit: 2473 Application/Control Number: 18/794,805 Page 32 Art Unit: 2473 Application/Control Number: 18/794,805 Page 33 Art Unit: 2473 Application/Control Number: 18/794,805 Page 34 Art Unit: 2473 Application/Control Number: 18/794,805 Page 35 Art Unit: 2473 Application/Control Number: 18/794,805 Page 36 Art Unit: 2473 Application/Control Number: 18/794,805 Page 37 Art Unit: 2473 Application/Control Number: 18/794,805 Page 38 Art Unit: 2473 Application/Control Number: 18/794,805 Page 39 Art Unit: 2473 Application/Control Number: 18/794,805 Page 40 Art Unit: 2473 Application/Control Number: 18/794,805 Page 41 Art Unit: 2473 Application/Control Number: 18/794,805 Page 42 Art Unit: 2473 Application/Control Number: 18/794,805 Page 43 Art Unit: 2473 Application/Control Number: 18/794,805 Page 44 Art Unit: 2473 Application/Control Number: 18/794,805 Page 45 Art Unit: 2473
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