DETAILED ACTION
This action is responsive to the Request for Continued Examination filed on 5/5/2026.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Currently, claims 1-11 are pending; claims 2-11 being newly added.
Response to Arguments
Applicant’s arguments with respect to newly added claims 4-11 have been considered but raise issues under 35 U.S.C. 112(b) as addressed below. Furthermore, applicant is remined that ‘machine’ type claims (i.e. claims 4-7 in regards to the statutory category of “machine” as pursuant to 35 U.S.C. 101) are defined by structural limitations (which in this case means circuitry and/or functions); while process/method type claims (i.e. claims 8-11 in regards to the statutory category of “process” as pursuant to 35 U.S.C. 101) are defined by a series of steps/acts.
Where the mere inclusion of features/details of a/the data frame (and/or steps/functions of the transmitter device) that is substantially detached from the specific implementations (i.e. circuitry, functions, and/or steps as applicable) of a receiving apparatus and receiving method fails to sufficiently limit/define the scope of the claimed receiving apparatus (and/or receiving method) ‘such that a person of ordinary skill in the art could interpret the metes and bounds of the claim so as to understand how to avoid infringement’ (as pursuant to MPEP 2173.02.II). Where the specification rationale for the rejections under 35 U.S.C. 112(b) are stated below (and are incorporated by reference into this section of this Office Action).
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.
Claims 4-11 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Section 4a (below):
Where newly added independent claim 4 states (with emphasis added, below):
4. A receiver to be used in a broadcast network, the receiver comprising:
a memory storing program instructions; and
a processor, upon executing the program instructions, configured to:
receive a data frame,
wherein the data frame comprises a first set of orthogonal frequency domain multiplexing (OFDM) symbols and a second set of OFDM symbols,
wherein each OFDM symbol of the first set of OFDM symbols and the second set of OFDM symbols comprises a useful portion and a cyclic prefix, and the each OFDM symbol is generated by:
converting a block of frequency domain data to time-domain samples using an inverse fast Fourier transform having a transform size to form the useful portion; and
forming the cyclic prefix by prepending to the each OFDM symbol a plurality of time-domain samples from an end of the useful portion of the OFDM symbol,
wherein a first transform size associated with the first set of OFDM symbols is different from a second transform size associated with the second set of OFDM symbols,
wherein a first cyclic prefix size associated with the first set of OFDM symbols is different from a second cyclic prefix size associated with the second set of OFDM symbols,
wherein the first set of OFDM symbols are directed to a first user device having a first spread delay and a first range of mobility,
wherein the second set of OFDM symbols are directed to a second user device having a second spread delay and a second range of mobility,
wherein the first spread delay is different from the second spread delay, and
wherein the first range of mobility is different from the second range of mobility; and
decode the data frame.
Where the emphasized/underlined limitations of claim 4 as shown above are the only limitations that address the structure (i.e. circuitry and functions) of the receiver device, in other words independent claim 4 is narrative in form.
Where the structure (i.e. circuitry and functions) that make up (and/or are performed by) the receiver device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. Where the mere inclusion of the limitations “receive a data frame” and “decode the data frame” (as well as listed proprieties of the data frame by itself and functions of the transmitter device (but not the receiver device)) fails to meet the threshold requirements for clarity and precision (as pursuant to MPEP 2173.02.II) for defining clear “boundaries of the subject matter for which protection is sought” (as pursuant to MPEP 2173.01) as well as “clearly and precisely define the metes and bounds of the claimed invention” (as pursuant to MPEP 2173.02) in regards what circuitry and/or functions are required by the ‘receiver apparatus of claim 4’. Therefore (in the context above), independent claim 4 has indefinite claim scope with regards to the knowledge and abilities of a person having ordinary skill in the art before the effective filing date of the claimed invention.
Where dependent claims 5-7 each fail to mitigate the indefinite scope of the corresponding independent/parent claim 4 and thus are also rejected using similar rationale (as addressed above).
Section 4b (below):
Where newly added independent claim 8 states (with emphasis added, below):
8. A method for a receiver in a broadcast network, the method comprising:
receiving a data frame,
wherein the data frame comprises a first set of orthogonal frequency domain multiplexing (OFDM) symbols and a second set of OFDM symbols,
wherein each OFDM symbol of the first set of OFDM symbols and the second set of OFDM symbols comprises a useful portion and a cyclic prefix, and the each OFDM symbol is generated by:
converting a block of frequency domain data to time-domain samples using an inverse fast Fourier transform having a transform size to form the useful portion; and
forming the cyclic prefix by prepending to the each OFDM symbol a plurality of time-domain samples from an end of the useful portion of the OFDM symbol,
wherein a first transform size associated with the first set of OFDM symbols is different from a second transform size associated with the second set of OFDM symbols,
wherein a first cyclic prefix size associated with the first set of OFDM symbols is different from a second cyclic prefix size associated with the second set of OFDM symbols,
wherein the first set of OFDM symbols are directed to a first user device having a first spread delay and a first range of mobility,
wherein the second set of OFDM symbols are directed to a second user device having a second spread delay and a second range of mobility,
wherein the first spread delay is different from the second spread delay, and
wherein the first range of mobility is different from the second range of mobility; and
decoding the data frame.
Where the emphasized/underlined limitations of claim 8 as shown above are the only limitations that address the steps/acts of the receiver method/device; in other words independent claim 8 is narrative in form.
The process/method steps (a.k.a. acts) performed by the device must be clearly and positively specified. The steps/acts must be organized and correlated in such a manner as to present a series of steps/acts performed (by a complete operative device). Where the mere inclusion of the limitations ‘receiving a data frame’ and ‘decoding the data frame’ (as well as listed proprieties of the data frame by itself and steps/functions of the transmitter (but not the receiver)) fails to meet the threshold requirements for clarity and precision (as pursuant to MPEP 2173.02.II) for defining clear “boundaries of the subject matter for which protection is sought” (as pursuant to MPEP 2173.01) as well as “clearly and precisely define the metes and bounds of the claimed invention” (as pursuant to MPEP 2173.02) in regards what steps/acts are required to be performed by the ‘receiving/receiver method of claim 8’. Therefore (in the context above), independent claim 8 has indefinite claim scope with regards to the knowledge and abilities of a person having ordinary skill in the art before the effective filing date of the claimed invention.
Where dependent claims 9-11 each fail to mitigate the indefinite scope of the corresponding independent/parent claim 8 and thus are also rejected using similar rationale (as addressed above).
Allowable Subject Matter
Claims 1-3 are allowed; where the Examiner notes that claims 1-3 are directed to the method of a transmitter device.
Where the reasons for allowance of independent claim 1 are substantially similar to the reasons for allowance stated in the Allowability Notice mailed on 2/6/2026 (all of which is incorporated by reference into this section of this Office Action). Furthermore, newly added dependent claims 2 and 3 are new added and are each dependent upon independent claim 1; and where instant dependent claims 2 and 3 are stated in a manner that does/do not raise any outstanding issues in regards the known prior art (i.e. are allowable over the known prior art) and also meet the provisions 35 U.S.C. 101 and 35 U.S.C. 112 (as applicable), in the context of an allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and are cited in the attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M. Perez, telephone number (571)270-3231. The examiner can normally be reached Monday through Friday: 10am to 6pm EST.
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, David C. Payne can be reached at (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M PEREZ/Primary Examiner, Art Unit 2635 5/20/2026
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