DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
1. The following is a non-final office action in response to applicant’s submission received 09/06/2024.
2. Claims 1 – 20 are currently pending and have been examined.
Foreign Priority/Domestic benefit
There is no claim with respect to foreign priority according to the application data sheet and filing receipt.
Domestic benefit is claimed with regards to U.S. patent application Ser. No. 17/971,480 filed on Oct. 21, 2022, which is a continuation of U.S. patent application Ser. No. 16/944,725, filed Jul. 31, 2020 and issued as U.S. Pat. No. 11,509,435 on Nov. 22, 2022.
Oath/Declaration
1. The applicant’s oath/declaration filed on 09/06/2024 has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Information Disclosure Statement
The information disclosure statements filed on 09/06/2024 is in compliance with the provision of 37 CFR 1.97, 1.98 and MPEP § 609. It has been placed in the application file and the information referred to therein has been considered as to the merits.
Drawings
1. The applicant’s drawings submitted on 09/06/2024 are acceptable for examination purposes.
Claim interpretation
1. Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily) [MPEP 2106 Sec I, C]. “Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment.” Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). [MPEP 2111.01 Sec II]. Thus, the Examiner interprets Applicant’s claims "in view of the specification" and does not “import into a claim limitations that are not part of the claim”.
2. When multiple limitations are connected with “OR”, one of the limitations does not have any patentable weight since both of the limitations are optional.
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.
A. Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 8, 13, 16 - 19 of U.S. Patent No. 12/120,052. Although the claims at issue are not identical, they are not patentably distinct from each other. See table below for analysis.
Patent: 12,120,052
18//26,647
1. A system, comprising:
a processor; and
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations by the processor, comprising:
determining, via a base band unit pool of base station devices, respective uplink channel estimates of an uplink channel wirelessly coupling, using frequency division duplexing via respective modular antenna elements of the base band unit pool, a user equipment to the base band unit pool, wherein determining the respective uplink channel estimates comprises determining the respective uplink channel estimates utilizing respective demodulation reference signals corresponding to data signals associated with the user equipment that have been received by at least one of the base station devices of the base band unit pool;
based on the respective uplink channel estimates, deriving a downlink channel estimate of a downlink channel wirelessly coupling, using the frequency division duplexing via at least one of the respective modular antenna elements corresponding to a base station device of the base band unit pool, the base station device to the user equipment…
8. The system of claim 1, wherein the operations further comprise: assigning, via the respective modular antenna elements, additional capacity from the base band unit pool to obtain an increased aperture and increased orthogonal beams to facilitate increased concurrent mobile terminal communications over common time slots and common frequency slots.
…and generating, using the downlink channel estimate, a group of downlink sector beams to be transmitted to the user equipment using the downlink channel via the at least one of the respective modular antenna elements corresponding to the base station device of the base band unit pool.
A system, comprising:
a processor; and
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations by the processor, the operations comprising:
determining, via a base band unit pool of base station devices, respective uplink channel estimates of an uplink channel between respective modular antenna elements and a user equipment, wherein the determining the respective uplink channel estimates comprises determining the respective uplink channel estimates based on respective demodulation reference signals associated with the user equipment;
based on the respective uplink channel estimates, deriving a downlink channel estimate of a downlink channel between at least one of the respective modular antenna elements and the user equipment;
assigning, by the base band unit pool of base station devices, additional capacity from the base band unit pool to facilitate increased simultaneous mobile terminal communications;
and generating, using the downlink channel estimate, a group of downlink sector beams to be transmitted to the user equipment using the downlink channel.
19. A non-transitory machine-readable medium, comprising executable instructions that, when executed by base station equipment comprising a processor, facilitate performance of operations, comprising:
deriving, using a base band unit pool of base station equipment, an uplink channel characteristic of an uplink channel wirelessly coupling, using respective modular antenna panels of the base station equipment of the base band unit pool via frequency division duplexing, a user equipment to the base band unit pool, wherein deriving the uplink channel characteristic comprises deriving the uplink channel characteristic utilizing respective demodulation reference signals corresponding to data signals associated with the user equipment that have been received by at least some of the base station equipment of the base band unit pool; based on the uplink channel characteristic, deriving a downlink channel characteristic of a downlink channel wireless coupling, using a portion of the respective modular antenna panels via the frequency division duplexing, the user equipment to the base station equipment of the base band unit pool; and based on the downlink channel characteristic, generating a group of downlink sector beams to be transmitted, using the downlink channel via the portion of the respective modular antenna panels, to the user equipment.
11. A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising:
determining uplink channel estimates of an uplink channel wirelessly coupling a user equipment to a group of base stations via respective modular antenna elements of the group of base stations, wherein determining the uplink channel estimates comprises determining the uplink channel estimates based on data signals associated with the user equipment that have been received by at least one base station of the group of base stations; based on the uplink channel estimates, determining a downlink channel estimate of a downlink channel between a base station of the group of base stations and the user equipment via ones of the respective modular antenna elements corresponding to the base station; and based on the downlink channel estimate, generating a group of downlink sector beams to be transmitted, via the ones of the respective modular antenna elements corresponding to the base station, to the user equipment.
16. A method, comprising: determining, by a system comprising a processor via a group of base stations using frequency division duplexing, uplink channel estimates of an uplink channel wirelessly coupling a user equipment to the group of base stations via respective modular antenna elements of the group of base stations, wherein determining the uplink channel estimates comprises determining the uplink channel estimates utilizing respective demodulation reference signals corresponding to data signals associated with the user equipment that have been received by at least one base station of the group of base stations;
based on the uplink channel estimates, determining, by the system, a downlink channel estimate of a downlink channel wirelessly coupling, using frequency division duplexing, a base station of the group of base stations to the user equipment via ones of the respective modular antenna elements corresponding to the base station; and
8. The system of claim 1, wherein the operations further comprise: assigning, via the respective modular antenna elements, additional capacity from the base band unit pool to obtain an increased aperture and increased orthogonal beams to facilitate increased concurrent mobile terminal communications over common time slots and common frequency slots.
based on the downlink channel estimate, generating, by the system, a group of downlink sector beams to be transmitted, via the ones of the respective modular antenna elements corresponding to the base station, to the user equipment.
16. A method, comprising: determining, by a processing system including a processor, respective uplink channel estimates of an uplink channel between respective modular antenna elements of a base band unit pool of base station devices and a user equipment, including determining the respective uplink channel estimates based on respective demodulation reference signals associated with the user equipment;
deriving, by the processing system, a downlink channel estimate of a downlink channel between at least one of the respective modular antenna elements and the user equipment, where in the deriving the downlink channel estimate is based on the respective uplink channel estimates;
assigning, by the processing system, additional capacity from the base band unit pool to facilitate increased simultaneous mobile terminal communications; and
generating, by the processing system, a group of downlink sector beams to be transmitted to the user equipment using the downlink channel, wherein the generating the group of downlink sector beams comprises generating the group of downlink sector beams using the downlink channel estimate.
Claim 2
Claim 2
Claim 8
Claim 3
Claim 3
Claim 4
Claim 4
Claim 5
Claim 4
Claim 6
Claim 5
Claim 7
Claim 5
Claim 8
Claim 6
Claim 9
Claim 7
Claim 10
Claim 19
Claim 12
Claim 17
Claim 13
Claim 18
Claim 14
Claim 13
Claim 15
Claim 8
Claim 17
Claim 3
Claim 18
Claim 16
Claim 19
Claim 7
Claim 20
B. Claims 1 – 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 8, 13 and 16 – 18 of U.S. Patent No. 11, 509, 435. Although the claims at issue are not identical, they are not patentably distinct from each other. See table below for analysis.
Patent: 11, 509, 435
18//26,647
1. A system, comprising:
a processor; and
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations by the processor, comprising:
determining, via a base band unit pool of base station devices, respective uplink channel estimates of an uplink channel wirelessly coupling, using frequency division duplexing via respective modular antenna elements of the base band unit pool, a user equipment to the base band unit pool,
2. The system of claim 1, wherein determining the respective uplink channel estimates comprises: determining the respective uplink channel estimates utilizing respective demodulation reference signals corresponding to the data signals.
wherein determining the respective uplink channel estimates comprises determining the respective uplink channel estimates utilizing data signals that have been received by at least a part of the base station devices of the base band unit pool via a data channel wirelessly coupling the user equipment to at least the part of the base station devices;
based on the respective uplink channel estimates, deriving a downlink channel estimate of a downlink channel wirelessly coupling, using the frequency division duplexing via a portion of the respective modular antenna elements corresponding to a base station device of the base band unit pool, the base station device to the user equipment; …
8. The system of claim 1, wherein the operations further comprise: assigning, via the respective modular antenna elements, additional capacity from the base band unit pool to obtain an increased aperture and increased orthogonal beams to facilitate increased simultaneous mobile terminal communications over common time slots and common frequency slots.
…and generating, using the downlink channel estimate, a group of downlink sector beams to be transmitted to the user equipment using the downlink channel via the portion of the respective modular antenna elements corresponding to the base station device of the base band unit pool.
A system, comprising:
a processor; and
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations by the processor, the operations comprising:
determining, via a base band unit pool of base station devices, respective uplink channel estimates of an uplink channel between respective modular antenna elements and a user equipment, wherein the determining the respective uplink channel estimates comprises
determining the respective uplink channel estimates based on respective demodulation reference signals associated with the user equipment;
based on the respective uplink channel estimates, deriving a downlink channel estimate of a downlink channel between at least one of the respective modular antenna elements and the user equipment;
assigning, by the base band unit pool of base station devices, additional capacity from the base band unit pool to facilitate increased simultaneous mobile terminal communications;
and generating, using the downlink channel estimate, a group of downlink sector beams to be transmitted to the user equipment using the downlink channel.
19. A non-transitory machine-readable medium, comprising executable instructions that, when executed by a base station device comprising a processor, facilitate performance of operations, comprising:
deriving, using a base band unit pool of base station devices, an uplink channel characteristic of an uplink channel wirelessly coupling, using respective modular antenna panels of the base station devices via frequency division duplexing, a user equipment to the base band unit pool, wherein deriving the uplink channel characteristic comprises deriving the uplink channel characteristic utilizing a data signal that have been received by a portion of the base station devices via a data channel wirelessly coupling the user equipment to the portion of the base station devices; based on the uplink channel characteristic, deriving a downlink channel characteristic of a downlink channel wireless coupling, using a portion of the respective modular antenna panels via the frequency division duplexing, the user equipment to a base station device of the base band unit pool;
and based on the downlink channel characteristic, generating a group of downlink sector beams to be transmitted, using the downlink channel via the portion of the respective modular antenna panels, to the user equipment.
11. A non-transitory machine-readable medium, comprising executable instructions that, when executed by a processing system including a processor, facilitate performance of operations, the operations comprising:
determining uplink channel estimates of an uplink channel wirelessly coupling a user equipment to a group of base stations via respective modular antenna elements of the group of base stations, wherein determining the uplink channel estimates comprises determining the uplink channel estimates based on data signals associated with the user equipment that have been received by at least one base station of the group of base stations; based on the uplink channel estimates, determining a downlink channel estimate of a downlink channel between a base station of the group of base stations and the user equipment via ones of the respective modular antenna elements corresponding to the base station; and based on the downlink channel estimate,
generating a group of downlink sector beams to be transmitted, via the ones of the respective modular antenna elements corresponding to the base station, to the user equipment.
16. A method, comprising:
determining, by a system comprising a processor via a group of base station devices of the system using frequency division duplexing, uplink channel estimates of an uplink channel wirelessly coupling a user equipment to the group of base station devices via respective modular antenna elements of the group of base station devices, wherein determining the uplink channel estimates comprises…
2. The system of claim 1, wherein determining the respective uplink channel estimates comprises: determining the respective uplink channel estimates utilizing respective demodulation reference signals corresponding to the data signals.
…determining the uplink channel estimates utilizing data signals that have been received by at least a part of the base station devices via a data channel wirelessly coupling the user equipment to at least the part of the base station devices;
based on the uplink channel estimates, determining, by the system, a downlink channel estimate of a downlink channel wirelessly coupling, using frequency division duplexing, a base station device of the group of base station devices to the user equipment via a portion of the respective modular antenna elements corresponding to the base station device; and…
8. The system of claim 1, wherein the operations further comprise: assigning, via the respective modular antenna elements, additional capacity from the base band unit pool to obtain an increased aperture and increased orthogonal beams to facilitate increased simultaneous mobile terminal communications over common time slots and common frequency slots.
…based on the downlink channel estimate, generating, by the system, a group of downlink sector beams to be transmitted, via the portion of the respective modular antenna elements corresponding to the base station device, to the user equipment.
16. A method, comprising:
determining, by a processing system including a processor, respective uplink channel estimates of an uplink channel between respective modular antenna elements of a base band unit pool of base station devices and a user equipment,
including determining the respective uplink channel estimates based on respective demodulation reference signals associated with the user equipment;
deriving, by the processing system, a downlink channel estimate of a downlink channel between at least one of the respective modular antenna elements and the user equipment, where in the deriving the downlink channel estimate is based on the respective uplink channel estimates;
assigning, by the processing system, additional capacity from the base band unit pool to facilitate increased simultaneous mobile terminal communications; and
generating, by the processing system, a group of downlink sector beams to be transmitted to the user equipment using the downlink channel, wherein the generating the group of downlink sector beams comprises generating the group of downlink sector beams using the downlink channel estimate.
Claim 2
Claim 2
Claim 8
Claim 3
Claim 3
Claim 4
Claim 4
Claim 5
Claim 4
Claim 6
Claim 5
Claim 7
Claim 5
Claim 8
Claim 6
Claim 9
Claim 7
Claim 10
Claim 2
Claim 12
Claim 17
Claim 13
Claim 18
Claim 14
Claim 13
Claim 15
Claim 8
Claim 17
Claim 3
Claim 18
Claim 16
Claim 19
Claim 7
Claim 20
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.
1. Claims 1, 3, 9, 11, 16 – 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pan (Robust Beamforming Design for Ultra-Dense User-Centric C-RAN in the Face of Realistic Pilot Contamination and Limited Feedback, FEBRUARY 2019) in view of Matteo et al. (Enhancing LTE with Cloud-RAN and Load-Controlled Parasitic Antenna Arrays, 2016 IEEE Communications Magazine), Black et al. (US 2020/0169312 A1) and Levitsky et al. (US 2021/0359828 A1).
Regarding claim 1, Pan discloses: A system (see figure 1 on the second page), comprising:
a processor (Page 780, right column, “processing tasks are performed at the BBU pool”); and
a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations by the processor (see abstract on page 780, “…low complexity iterative algorithm for solving this problem…”), comprising:
determining, via a base band unit pool of base station devices (see figure 1 , “BBU pool”, BBU pool is in communication with multiple base stations also known as RRH and section B on page 783), determining, via a base band unit pool of base station devices, respective uplink channel estimates of an uplink channel between respective modular antenna elements and a user equipment, wherein the determining the respective uplink channel estimates comprises determining the respective uplink channel estimates (see figure 1, then page 782, right column last paragraph, that is the RRH (also known as the base station) is equipped with M transmission antenna and each RRH are connected to the BBU pool via wireless/wired fronthaul link of which are connected to multiple UE . Section B on page 783, the CSI used for channel estimate (see abstract) is determined at the BBU pool that entails the UE].
[Supporting reference of Xuan Liu, clearly states in the right column of page 2559 (section “B”) that the BBU pool performs channel estimation rather at the UE, this is UL channel estimation]); [see additional supporting reference of Xinqian (Training Design and Channel Estimation in Uplink Cloud Radio Access Networks, 2014), introduction and abstract whereby the BBU pool perform channel estimation with regards to the Access link and backhaul, this is in the uplink, suggest in the title as the main objective of the entire document]
based on the respective uplink channel estimates, deriving a downlink channel estimate of a downlink channel between at least one of the respective modular antenna elements and the user equipment; [ Pan on page 781 mention the concept of channel reciprocity (last line of right column) , that is if the DL/UL estimate is obtain then the UL/DL estimate can be deduce this will know in the art and can be used in creating the beam forming vector as seen in section B on page 783 . Such assertion can be seen in the reference of Yoo et al. (US 2018/0213486 A1), see the latter part of paragraph 85, that due to channel reciprocity the UL channel quality/estimate can be used to determine the DL channel quality/estimate which is used by the network to compute beamforming/beamforming vectors. Section B on page 783, the CSI used for channel estimate (see abstract) is determined at the BBU pool that entails the UE.
[Supporting reference of Xuan Liu, clearly states in the right column of page 2559 that the BBU pool performs channel estimation rather at the UE, this is UL channel estimation]. Figure 1 provides the layout of a baseband pool with a plurality of base stations that is communicating with a plurality of UE] [see additional supporting reference of Xinqian (Training Design and Channel Estimation in Uplink Cloud Radio Access Networks, 2014), introduction and abstract whereby the BBU pool perform channel estimation with regards to the Accesslink and backhaul, this is in the uplink, suggest in the title as the main objective of the entire document]
The reference of Pan does not disclose: assigning, by the base band unit pool of base station devices, additional capacity from the base band unit pool to facilitate increased simultaneous mobile terminal communications; and generating, using the downlink channel estimate, a group of downlink sector beams to be transmitted to the user equipment using the downlink channel.
However, in the same field of endeavor Matteo discloses: generating, using the downlink channel estimate, a group of downlink sector beams to be transmitted to the user equipment using the downlink channel.
[see the highlighted portion below figure 4, from the estimate a channel matrix of each beam can be computed at the BBU pool for the RRHs as seen in figure 4 based on the channel state information [as explained above Yoo et al. (US 2018/0213486 A1), discloses in the latter part of paragraph 89, due to channel reciprocity the UL channel quality/estimate can be used to determine the DL channel quality/estimate which is used by the network to compute beamforming/beamforming vectors ] . There are 16 possible beam combination however the best beam pair is jointly selected for transmission. As seen in figure 4, only two beams are selected, a direct and cross beam. Hence a portion of the DL antenna is being used for the communication with a single UE from one base station. At the same time as seen in figure 4, a single base station can project two beams towards two different UE from a possible set of beams, hence involving two different region and is interpreted as a group of downlink sector beams, this is seen in the applicant’s specification see figure 3 ].It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pan’s system in view of Matteo. The motivation for making the above modification would have been to perform interference mitigation for beamforming purposes [see last paragraph in the right column on the 5th page of Matteo].
Pan in view of Matteo does not disclose: assigning, by the base band unit pool of base station devices, additional capacity from the base band unit pool to facilitate increased simultaneous mobile terminal communications; However, Black discloses the above missing feature, see ¶ 0038, grouping the beams at the BBU and steering them to the UEs simultaneously produces additional capacity at the UE for simultaneous data transmission. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pan’s system in view of Matteo and Black. The motivation is to achieve high throughput, low latency, and/or high reliability while maintaining a reasonable network complexity (e.g., lower network overhead than CoMP networks implemented with coherent combining) [see ¶0029 of Black].
One tiny detail not accounted for by any of the references above is: the respective uplink channel estimates is based on respective demodulation reference signals associated with the user equipment; although this is well known in the art, Levitsky discloses such feature, see ¶0078. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Pan’s system in view of Matteo, Black and Levitsky. The motivation for making the above modification is for coherent demodulation of the physical uplink control channel (PUCCH) and the physical uplink shared channel (PUSCH) [see ¶0078 of Levitsky].
Claims 11 and 16 recites similar features using respective language and are also rejected by the applied references for similar reasons as claim 1.Such element as a non-transitory machine-readable medium can be seen in the reference of Black, see ¶ 0140.
Claim 3, Black further discloses: The system of claim 1, wherein the assigning additional capacity from the base band unit pool comprises: assigning additional capacity from the base band unit pool to obtain an increased aperture and increased orthogonal beams to facilitate increased simultaneous mobile terminal communications. [¶ 0037 - ¶ 0038 in view of ¶ 0047]
Claim 17 recites similar features using respective language and are also rejected by the applied references for similar reasons as claim 3.
Claim 9, Matteo further discloses: The system of claim 1, wherein the operations further comprise: transmitting the group of downlink sector beams to the user equipment using the downlink channel via the at least one of the respective modular antenna elements. [see figure 4: RRH1 and RRH2, “selected beam pair” “possible beams”].
Claim 19 recites similar features using respective language and are also rejected by the applied references for similar reasons as claim 9.
Allowable Subject Matter
1. Claims 2, 4 – 8, 10, 12 – 15, 18 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims as well as overcoming all rejection(s)/objection(s) set forth in this office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHARISHI V KHIRODHAR whose telephone number is (571)270-7909. The examiner can normally be reached 6:00 AM - 3:00 PM.
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MAHARISHI V. KHIRODHAR
Examiner
Art Unit 2463
/MAHARISHI V KHIRODHAR/ Primary Examiner, Art Unit 2463
Prosecution Insights