DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on July 30, 2024 and December 4, 2025 have been considered by the examiner. An initialed copy of each IDS is included with this Office Action.
Drawings
The drawings received on July 30, 2024 are acceptable.
Claim Objections
The claims are objected to because of the following informalities:
in claim 1, “the transmission data” on lines 6, 8 and 10, respectively, should be “each stream of the transmission data” (see claim 1, line 5);
in claim 5, line 2, “the transmission data” should be “each stream of the transmission data”;
in claim 6, “the transmission data” on lines 7, 9 and 11, respectively, should be “each stream of the transmission data” (see claim 6, line 6);
in claim 7, line 6, “the transmission data” should be “each stream of the transmission data”;
in claim 8, “the transmission data” on lines 6, 8 and 10, respectively, should be “each stream of the transmission data” (see claim 8, line5);
dependent claim(s) are objected to under the same ground(s) as the claim(s) from which it depends.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. With regard to claim 3, it is unclear how the “phase shift amount determination processing” steps in claim 3 relate to the how the “phase shift amount determination processing” steps in claim 2. For example, since both claims include an “acquiring” step (see claim 2, lines 3-4 and claim 3, line 3, respectively) and a “determining” step (see claim 2, lines 5-6 and claim 3, lines 8-9), it is unclear whether the scope of claim 3 encompasses each step being performed twice or whether claim 3 is further limiting the respective steps in claim 2. Based on the detailed description and Figs. 11-13, the examiner suggests changing “claim 2” in claim 3, line 1 to “claim 1” to overcome this rejection.
Claim Rejections - 35 USC § 102
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.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang et al. (US Publication No. 2019/0296819 A1 cited in the IDS filed December 4, 2025).
With regard to claim 1, Jiang et al. discloses the claimed invention including a wireless communication method comprising:
phase shift amount determination processing that determines a random phase shift amount for each of streams of transmission data (see 400, 402, 404 and 406 in FIG. 4 and paragraphs [0034], [0044] and [0050]);
modulation processing that modulates the transmission data (see 302 and 304 in FIG. 3 and paragraph [0027]) and further shifts a phase according to the random phase shift amount for each of the streams (see FIG. 4; and paragraphs [0032] and [0034]);
precoding processing that performs precoding after the modulation processing (see 306 in FIG. 3 and paragraph [0028]); and
transmission processing that transmits the transmission data after precoding processing (see 310 in FIG. 3 and paragraph [0031]).
With regard to claim 2, Jiang et al. discloses the claimed invention including the phase shift amount determination including: acquiring a phase shift pattern indicating the random phase shift amount for each of the streams (see 400 in FIG. 4) and determining the random phase shift amount for each stream based on the phase shift pattern (see 402, 404 and 406 in FIG. 4). (See also paragraphs [0034], [0044] and [0050])
With regard to claim 6, Jiang et al. discloses the claimed invention including a wireless communication system comprising a transmission device (see 110 in FIG. 1) and a reception device (see 122 in FIG. 1) wherein the transmission device is configured to execute:
phase shift amount determination processing that determines a random phase shift amount for each of streams of transmission data (see 400, 402, 404 and 406 in FIG. 4 and paragraphs [0034], [0044] and [0050]);
modulation processing that modulates the transmission data (see 302 and 304 in FIG. 3 and paragraph [0027]) and further shifts a phase according to the random phase shift amount for each of the streams (see FIG. 4; and paragraphs [0032] and [0034]);
precoding processing that performs precoding after the modulation processing (see 306 in FIG. 3 and paragraph [0028]); and
transmission processing that transmits the transmission data after precoding processing (see 310 in FIG. 3 and paragraph [0031]).
With regard to claim 8, Jiang et al. discloses the claimed invention including a transmission device comprising processing circuitry configured to:
determine a random phase shift amount for each of streams of transmission data (see 400, 402, 404 and 406 in FIG. 4 and paragraphs [0034], [0044] and [0050]);
modulate the transmission data (see 302 and 304 in FIG. 3 and paragraph [0027]) and further shifts a phase according to the random phase shift amount for each of the streams (see FIG. 4; and paragraphs [0032] and [0034]);
perform precoding after the modulation (see 306 in FIG. 3 and paragraph [0028]); and
transmit the transmission data after precoding (see 310 in FIG. 3 and paragraph [0031]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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 nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1, 2, 3, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Ohwatari et al. (US Patent No. 8,254,476 B2) in view of Jiang et al. In view of the rejection under 35 USC 112(b) above, claim 3 is interpreted as depending from claim 1 (see FIGs. 12 and 13 and the detailed description).
With regard to claim 1, Ohwatari et al. discloses the claimed invention including a wireless communication method comprising:
phase shift amount determination processing that determines a phase shift amount for each of streams of transmission data (see 12 in Figs. 1 and 2);
modulation processing that modulates the transmission data (see 11D in Fig. 1) and further shifts a phase according to the phase shift amount for each of the streams (see 13 in Fig. 1);
precoding processing that performs precoding after the modulation processing (see 14 in Fig. 1); and
transmission processing that transmits the transmission data after precoding processing (see 16 in Fig. 1).
However, Ohwatari et al. does not disclose random phase shift amounts to the streams of transmission data. Since Jiang et al. teaches applying random phase rotation sets to streams of transmission data (see paragraph [0050]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use random phase shift amounts in order to provide greater flexibility in the phase shift amounts used.
With regard to claim 2, Ohwatari et al. in view of Jiang et al. disclose the claimed invention including the phase shift amount determination including: acquiring a phase shift pattern indicating the random phase shift amount for each of the streams (see Ohwatari et al., 12 in Fig. 1) and determining the random phase shift amount for each stream based on the phase shift pattern (see Ohwatari et al., 13 in Fig. 1).
With regard to claim 3, Ohwatari et al. in view of Jiang et al. disclose the claimed invention including the phase shift determination processing (see Ohwatari et al., 12 in Figs. 1 and 2) including: acquiring a plurality of types of phase shift patterns (see Ohwatari et al., 21 in Fig. 2 and column 5, lines 20-25 wherein “U” as the number of phase pattern candidates corresponds to “a plurality of type of phase shift patterns”); selecting, from among the plurality of types of phase shift patterns, one that minimizes a peak to average power ratio (PAPR) of the transmission after the precoding (see Ohwatari et al., 22 in Fig. 2 and column 7, lines 35-43); and determining the random phase shift amount for each stream based on the random sequence indicated by the selected phase shift pattern (see Ohwatari et al., column 7, lines 53-56 wherein the elements of the selected phase pattern correspond to the streams).
With regard to claim 6, Ohwatari et al. discloses the claimed invention including a wireless communication system comprising a transmission device (see FIG. 1 and column 5, lines 7-12) and a reception device (see “receiving antennas” in column 5, lines 33-39 and “receiving side” in column 6, lines 36-40) wherein the transmission device is configured to execute:
phase shift amount determination processing that determines a random phase shift amount for each of streams of transmission data (see 12 in Figs. 1 and 2);
modulation processing that modulates the transmission data (see 11D in Fig. 1) and further shifts a phase according to the random phase shift amount for each of the streams (see 13 in Fig. 1);
precoding processing that performs precoding after the modulation processing (see 14 in Fig. 1); and
transmission processing that transmits the transmission data after precoding processing (see 16 in Fig. 1).
However, Ohwatari et al. does not disclose random phase shift amounts to the streams of transmission data. Since Jiang et al. teaches applying random phase rotation sets to streams of transmission data (see paragraph [0050]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use random phase shift amounts in order to provide greater flexibility in the phase shift amounts used.
With regard to claim 8, Ohwatari et al. discloses the claimed invention including a transmission device comprising processing circuitry configured to:
determine a random phase shift amount for each of streams of transmission data (see 12 in Figs. 1 and 2);
modulate the transmission data (see 11D in Fig. 1) and further shifts a phase according to the random phase shift amount for each of the streams (see 13 in Fig. 1);
perform precoding after the modulation processing (see 14 in Fig. 1); and
transmit the transmission data after precoding processing (see 16 in Fig. 1).
However, Ohwatari et al. does not disclose random phase shift amounts to the streams of transmission data. Since Jiang et al. teaches applying random phase rotation sets to streams of transmission data (see paragraph [0050]), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use random phase shift amounts in order to provide greater flexibility in the phase shift amounts used.
Claims 4, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Ohwatari et al. in view of Jiang et al. as applied to claims 1 and 6, respectively, above, and further in view of Stolpman et al. (US Publication No. 2006/0045193 A1).
With regard to claim 4, Ohwatari et al. in view of Jiang et al. disclose the claimed invention except for further comprising signal addition processing that adds a known signal to the transmission data. Stolpman et al. discloses adding a known signal (see “phase-rotated preamble”) to the transmission data wherein the known signal is to be used for estimating the phase shift amount. (See paragraphs [0021], [0035], [0040] and [0041]) Since the receiver needs information about the phase changing pattern (see Ohwatari et al, column 6, lines 36-39), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention combine these teachings of Stolpman et al. with the teaching of Ohwatari et al. in view of Jiang et al. in order to provide the information about phase changing pattern to facilitate the decoding of the phase rotated data without requiring additional bandwidth or channel to provide the necessary information to the receiver. (See Stolpman et al., paragraph [0041])
With regard to claim 5, Ohwatari et al. in view of Jiang et al. and Stolpman et al. disclose the claimed invention including receiving the transmitted data, estimating the random phase shift based on the known signal, and demodulation processing that demodulates the reception data based on the estimated phase shift amount. (See Stolpman et al., FIG. 2 and paragraphs [0037], [0040] and [0041])
With regard to claim 7, Ohwatari et al. in view of Jiang et al. disclose the claimed invention except for: a. the transmission device being configured to execute signal addition processing that adds a known signal to the transmission data and b. the reception device being configured to receive the transmitted data, estimate the random phase shift based on the known signal, and demodulate the reception data based on the estimated phase shift amount. Stolpman et al. discloses a transmitter configured to add a known signal (see “phase-rotated preamble”) to the transmission data wherein the known signal is to be used for estimating the phase shift amount. (See paragraphs [0021], [0035], [0040] and [0041]) Stolpman et al. also discloses a receiver configured to receive the transmitted data, estimate the random phase shift based on the known signal, and demodulate the reception data based on the estimated phase shift amount. (See FIG. 2 and paragraphs [0037], [0040] and [0041]) Since the receiver needs information about the phase changing pattern (see Ohwatari et al, column 6, lines 36-39), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention combine these teachings of Stolpman et al. with the teaching of Ohwatari et al. in view of Jiang et al. in order to provide the information about phase changing pattern to facilitate the decoding of the phase rotated data without requiring additional bandwidth or channel to provide the necessary information to the receiver. (See Stolpman et al., paragraph [0041])
Conclusion
Please note that non-cited portions of the references may also read on the claims limitations. Therefore, the references should be considered in their entirety.
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/BETSY DEPPE/Primary Examiner, Art Unit 2633