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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statements submitted on 12/08/2024 and 12/19/2025 have been considered and made of record by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a computer program product. There is no clear definition for the computer program product in the claim. The broadest reasonable interpretation of the claim suggests that the computer program product can be a program per se. From the language of the claim, it appears that the storage medium and the processor are not part of the computer program product. Program per se does not fall within at least one of the four categories of patent eligible subject matter and therefore the claim is rejected under 35 U.S.C. 101.
Claim 18 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a computer program product. There is no clear definition for the computer program product in the claim. The broadest reasonable interpretation of the claim suggests that the computer program product can be a computer-readable storage medium that is transitory (e.g., a carrier wave or a signal). A transitory computer-readable storage medium does not fall within at least one of the four categories of patent eligible subject matter and therefore the claim is rejected under 35 U.S.C. 101.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 10 of U.S. Patent No. 12,348,348. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 10 of U.S. Patent No. 12,348,348 discloses all the subject matters claimed in claims 1 and 4 of the instant application, except for obtaining K modulated data symbols as the result of the modulation process. However, since claim 1 of U.S. Patent No. 12,348,348 discloses modulating a data sequence by using N constellation point modulation symbols, it is inherent that the modulation process will generate a plurality (K) of modulated data symbols.
Instant Application
12,348,348
1. A data modulation method, comprising: modulating a data sequence by using N constellation point modulation symbols {S(n)}, to obtain K modulated data symbols [x(k)], wherein the N constellation point modulation symbols comprise two groups of modulation symbols, the phase difference between the two groups of modulation symbols is a preset angle, and N is an even number greater than or equal to 4, n is any integer from 0 to N-1, K represents a number of the modulated data symbols, K is an integer, and k is any integer from 0 to K-1; performing a filtering operation on the modulated data symbols, to obtain filtered data; and transmitting the filtered data on a physical resource.
4. The method according to claim 1, wherein modulating the data sequence by using N constellation point modulation symbols {S(n)} comprises: modulating the data sequence by alternately using constellation point modulation symbols {S(n)} and constellation point modulation symbols {ejƟS(n)} after phase change Ɵ, wherein e is a natural constant, j is an imaginary unit, and Ɵ is equal to -π/2 or -π/2.
1. A data modulation method, comprising: modulating a data sequence by using N constellation point modulation symbols {S(n)}, wherein the N constellation point modulation symbols are divided into two groups of modulation symbols, one group of the two groups of modulation symbols have a same phase, the other group of the two groups of modulation symbols have a same phase, a phase difference between the two groups of modulation symbols is 180°, n is an integer from 0 to N−1, and N is an even integer greater than or equal to 4; and transmitting, on a physical resource, data symbols obtained after modulation; wherein modulating the data sequence by using the N constellation point modulation symbols {S(n)} comprises: modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and constellation point modulation symbols {ejƟS(n)} after a phase change of θ, wherein e is a natural constant, j is an imaginary unit, and θ is equal to π/2 or −π/2.
10. The method of claim 1, wherein transmitting, on the physical resource, the data symbols obtained after the modulation comprises: after performing filtering and digital-to-analog conversion on the data symbols obtained after the modulation, transmitting, on a radio frequency link, the data symbols obtained after the modulation.
Claims 1-11 and 16-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 12, and 20 of U.S. Patent No. 12,348,348 in view of Bloebaum et al. (hereinafter, referred to as Bloebaum) (US 2010/0069009). Claims 1-8, 12, and 20 of U.S. Patent No. 12,348,348 disclose all the subject matters claimed in claims 1-11 and 16-18 of the instant application except for a) obtaining K modulated data symbols and b) performing a filtering operation on the modulated data symbols, to obtain filtered data. Regarding limitation “a”, since claims 1, 12, and 20 of U.S. Patent No. 12,348,348 disclose modulating a data sequence by using N constellation point modulation symbols, it is inherent that the modulation process will generate a plurality (K) of modulated data symbols. Regarding limitation “b”, Bloebaum, in the same field of endeavor, discloses a communication system (see Fig. 3) comprising a modulator 132 (see paragraph 0036) and a filter 134 to filter the modulated data symbols (see paragraph 0036). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 1-8, 12, and 20 of U.S. Patent No. 12,348,348, as suggested by Bloebaum, in order to reduce the interference in the communication system.
Instant Application
12,348,348
A data modulation method, comprising: modulating a data sequence by using N constellation point modulation symbols {S(n)}, to obtain K modulated data symbols [x(k)], wherein the N constellation point modulation symbols comprise two groups of modulation symbols, the phase difference between the two groups of modulation symbols is a preset angle, and N is an even number greater than or equal to 4, n is any integer from 0 to N-1, K represents a number of the modulated data symbols, K is an integer, and k is any integer from 0 to K-1; performing a filtering operation on the modulated data symbols, to obtain filtered data; and transmitting the filtered data on a physical resource.
2. The method according to claim 1, wherein the two groups of modulation symbols comprise a first group of modulation symbols and a second group of modulation symbols, the modulation symbols in the first group of modulation symbols have the same phase, the modulation symbols in the second group of modulation symbols have the same phase, and a phase difference between the first group of modulation symbols and the second group of modulation symbols is 180 degrees.
3. The method according to claim 1, wherein a number of modulation symbols comprised in each of the two groups of modulation symbols is N/2.
4. The method according to claim 1, wherein modulating the data sequence by using N constellation point modulation symbols {S(n)} comprises: modulating the data sequence by alternately using constellation point modulation symbols {S(n)} and constellation point modulation symbols {ejƟS(n)} after phase change Ɵ, wherein e is a natural constant, j is an imaginary unit, and Ɵ is equal to -π/2 or -π/2.
5. The method according to claim 4, wherein the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ are different sets of constellation point modulation symbols.
6. The method according to claim 4, wherein modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ comprises: modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ with M binary bit data as a unit, wherein M= log2 N , M is a logarithm of N with base 2.
7. The method according to claim 4, wherein modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ comprises: modulating the data sequence by using constellation point modulation symbols {ejƟkS(n)} carrying position numbers of data symbols, wherein k represents the position number of the data symbol.
8. The method according to claim 6, wherein at least one binary bit data of the M binary bit data is modulated by different phases of the constellation point modulation symbol {S(n)}.
9. The method according to claim 2, wherein a minimum modulus value of each group of modulation symbols is greater than half of a minimum modulus value difference, wherein the modulus value difference represents a modulus value difference between any two modulation symbols in each group of modulation symbols.
10. The method according to claim 2, wherein a minimum modulus value of each group of modulation symbols is greater than a minimum modulus value difference, wherein the modulus value difference represents a modulus value difference between any two modulation symbols in each group of modulation symbols.
11. The method according to claim 2, wherein modulus values of the modulation symbols in each group are different from one another, and a modulus value of any modulation symbol in the first group of modulation symbols is the same with a modulus value of one modulation symbol in the second group of modulation symbols.
16. A data modulation apparatus, comprising: at least one processor; and at least one memory for storing at least one program; wherein the at least one program, when executed by the at least one processor, implements the data modulation method according to claim 1.
17. A non-transitory computer-readable storage medium, storing a processor-executable computer program thereon, wherein the processor-executable computer program, when executed by a processor, implements the data modulation method according to claim 1.
18. A computer program product, comprising a computer program or computer instruction, wherein the computer program or the computer instruction is stored in a computer-readable storage medium, a processor of a computer device reads the computer program or the computer instruction from the computer-readable storage medium, and the processor executes the computer program or the computer instruction, so that the computer device performs the data modulation method according to claim 1.
A data modulation method, comprising: modulating a data sequence by using N constellation point modulation symbols {S(n)}, wherein the N constellation point modulation symbols are divided into two groups of modulation symbols, one group of the two groups of modulation symbols have a same phase, the other group of the two groups of modulation symbols have a same phase, a phase difference between the two groups of modulation symbols is 180°, n is an integer from 0 to N−1, and N is an even integer greater than or equal to 4; and transmitting, on a physical resource, data symbols obtained after modulation; wherein modulating the data sequence by using the N constellation point modulation symbols {S(n)} comprises: modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and constellation point modulation symbols {ejƟS(n)} after a phase change of θ, wherein e is a natural constant, j is an imaginary unit, and θ is equal to π/2 or −π/2.
2. The method of claim 1, wherein the two groups of modulation symbols comprise a same number of modulation symbols, and the number of modulation symbols is N/2.
3. The method of claim 1, wherein the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after the phase change of θ are different constellation point modulation symbol sets.
4. The method of claim 1, wherein modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after the phase change of θ comprises: modulating, by taking M binary bits of data as a unit, the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after the phase change of θ, wherein M is a logarithm to a base 2 of N.
5. The method of claim 4, wherein at least one binary bit of data in the M binary bits of data is modulated by different phases of the constellation point modulation symbols {S(n)}.
6. The method of claim 4, wherein for the two groups of modulation symbols, a minimum modulus value of modulation symbols in each group of the two groups of modulation symbols is greater than half of a minimum modulus value difference in the each group of the two groups of modulation symbols, or a minimum modulus value of modulation symbols in each group of the two groups of modulation symbols is greater than a minimum modulus value difference in the each group of the two groups of modulation symbols.
7. The method of claim 1, wherein modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after the phase change of θ comprises: modulating the data sequence by using constellation point modulation symbols {ejƟkS(n)} carrying a position number of the data symbols, wherein k denotes the position number of the data symbols, k is an integer from 0 to K−1, and K denotes a number of the data symbols obtained after the modulation.
8. The method of claim 1, wherein for the two groups of modulation symbols, modulus values of modulation symbols in each group of the two groups of modulation symbols are different, and a modulus value of one modulation symbol in one group of the two groups of modulation symbols is equal to a modulus value of one modulation symbol in the other group of the two groups of modulation symbols.
12. A device, comprising: at least one processor; and a memory configured to store at least one program, wherein when executed by the at least one processor, the at least one program causes the at least one processor to implement the following: modulating a data sequence by using N constellation point modulation symbols {S(n)}, wherein the N constellation point modulation symbols are divided into two groups of modulation symbols, one group of the two groups of modulation symbols have a same phase, the other group of the two groups of modulation symbols have a same phase, a phase difference between the two groups of modulation symbols is 180°, n is an integer from 0 to N−1, and N is an even integer greater than or equal to 4; and transmitting, on a physical resource, data symbols obtained after modulation; wherein the at least one processor is caused to implement modulating the data sequence by using the N constellation point modulation symbols {S(n)} by: modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and constellation point modulation symbols {ejƟS(n)} after a phase change of θ, wherein e is a natural constant, j is an imaginary unit, and θ is equal to π/2 or −π/2.
20. A non-transitory storage medium storing a computer program which, when executed by a processor, implements the following: modulating a data sequence by using N constellation point modulation symbols {S(n)} wherein the N constellation point modulation symbols are divided into two groups of modulation symbols, one group of the two groups of modulation symbols have a same phase, the other group of the two groups of modulation symbols have a same phase, a phase difference between the two groups of modulation symbols is 180°, n is an integer from 0 to N−1, and N is an even integer greater than or equal to 4; and transmitting, on a physical resource, data symbols obtained after modulation; wherein the processor is caused to implement modulating the data sequence by using the N constellation point modulation symbols {S(n)} by: modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and constellation point modulation symbols {ejƟS(n)} after a phase change of θ, wherein e is a natural constant, j is an imaginary unit, and θ is equal to π/2 or −π/2.
Claims 1-11 and 16-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 5, 6, 7, 8, 12, and 13 of U.S. Patent No. 11,855,824 in view of Xin et al. (hereinafter, referred to as Xin) (CN 111901276) (US 2023/0216723, (see the IDS) is used in this Office Action as the translation of the foreign document). Claims 1, 2, 5, 6, 7, 8, 12, and 13 of U.S. Patent No. 11,855,824 disclose all the subject matters claimed in claims 1-11 and 16-18 of the instant application, except that a) K modulated data symbols are obtained as the result of modulation, b) the phase difference between the two groups of modulation symbols is a preset angle, and c) performing a filtering operation on the modulated symbols to obtain filtered data. Xin, in the same field of endeavor, discloses a data modulation method (see the abstract), comprising: modulating a data sequence by using N constellation point modulation symbols {S(n)}, to obtain K modulated data symbols [x(k)] (see the abstract, Fig. 1, block S11, paragraphs 0005, 0007, 0011, 0027, and 0038), wherein the N constellation point modulation symbols comprise two groups of modulation symbols (see the abstract, Fig. 1, block S11, paragraphs 0005, 0007, 0011, and 0027), the phase difference between the two groups of modulation symbols is a preset angle, and N is an even number greater than or equal to 4, n is any integer from 0 to N-1, K represents a number of the modulated data symbols, K is an integer, and k is any integer from 0 to K-1 (see the abstract, Fig. 1, block S11, paragraphs 0005, 0007, 0011, 0027, and 0038); performing a filtering operation on the modulated data symbols, to obtain filtered data (see paragraphs 0046, 0076, and claim 12); and transmitting the filtered data on a physical resource (see paragraphs 0046, 0076, and claim 12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 1, 2, 5, 6, 7, 8, 12, and 13 of U.S. Patent No. 11,855,824, as suggested by Xin, in order to reduce the peak-to-average power ratio of the modulated data signals and also reduce the interference in the communication system. As to claim 2 of the instant application, claims 1, 2, 5, 6, 7, 8, 12, and 13 of U.S. Patent No. 11,855,824 do not disclose that the modulation symbols in the first group of modulation symbols have the same phase. As to claim 2, Xin discloses that the two groups of modulation symbols comprise a first group of modulation symbols and a second group of modulation symbols, the modulation symbols in the first group of modulation symbols have the same phase, the modulation symbols in the second group of modulation symbols have the same phase (see paragraphs 0031 and 0066). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 1, 2, 5, 6, 7, 8, 12, and 13 of U.S. Patent No. 11,855,824, as suggested by Xin, in order to reduce the peak-to-average power ratio of the modulated data signals. Claims 1, 2, 5, 6, 7, 8, 12, and 13 of U.S. Patent No. 11,855,824 also do not disclose the subject matters disclosed in claims 8 and 11 of the instant application. As to claim 8 of the instant application, Xin discloses that at least one binary bit data of the M binary bit data is modulated by different phases of the constellation point modulation symbol {S(n)} (see paragraphs 0039 and 0071). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 1, 2, 5, 6, 7, 8, 12, and 13 of U.S. Patent No. 11,855,824, as suggested by Xin, in order to reduce the peak-to-average power ratio of the modulated data signals. As to claim 11 of the instant application, Xin discloses that modulus values of the modulation symbols in each group are different from one another (see paragraph 0042), and a modulus value of any modulation symbol in the first group of modulation symbols is the same with a modulus value of one modulation symbol in the second group of modulation symbols (see paragraphs 0042 and 0050). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 1, 2, 5, 6, 7, 8, 12, and 13 of U.S. Patent No. 11,855,824, as suggested by Xin, in order to reduce the peak-to-average power ratio of the modulated data signals.
Instant Application
11,855,824
A data modulation method, comprising: modulating a data sequence by using N constellation point modulation symbols {S(n)}, to obtain K modulated data symbols [x(k)], wherein the N constellation point modulation symbols comprise two groups of modulation symbols, the phase difference between the two groups of modulation symbols is a preset angle, and N is an even number greater than or equal to 4, n is any integer from 0 to N-1, K represents a number of the modulated data symbols, K is an integer, and k is any integer from 0 to K-1; performing a filtering operation on the modulated data symbols, to obtain filtered data; and transmitting the filtered data on a physical resource.
2. The method according to claim 1, wherein the two groups of modulation symbols comprise a first group of modulation symbols and a second group of modulation symbols, the modulation symbols in the first group of modulation symbols have the same phase, the modulation symbols in the second group of modulation symbols have the same phase, and a phase difference between the first group of modulation symbols and the second group of modulation symbols is 180 degrees.
3. The method according to claim 1, wherein a number of modulation symbols comprised in each of the two groups of modulation symbols is N/2.
4. The method according to claim 1, wherein modulating the data sequence by using N constellation point modulation symbols {S(n)} comprises: modulating the data sequence by alternately using constellation point modulation symbols {S(n)} and constellation point modulation symbols {ejƟS(n)} after phase change Ɵ, wherein e is a natural constant, j is an imaginary unit, and Ɵ is equal to -π/2 or -π/2.
5. The method according to claim 4, wherein the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ are different sets of constellation point modulation symbols.
6. The method according to claim 4, wherein modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols after phase change Ɵ comprises: modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ with M binary bit data as a unit, wherein M= log2 N , M is a logarithm of N with base 2.
7. The method according to claim 4, wherein modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ comprises: modulating the data sequence by using constellation point modulation symbols {ejƟkS(n)} carrying position numbers of data symbols, wherein k represents the position number of the data symbol.
8. The method according to claim 6, wherein at least one binary bit data of the M binary bit data is modulated by different phases of the constellation point modulation symbol {S(n)}.
9. The method according to claim 2, wherein a minimum modulus value of each group of modulation symbols is greater than half of a minimum modulus value difference, wherein the modulus value difference represents a modulus value difference between any two modulation symbols in each group of modulation symbols.
10. The method according to claim 2, wherein a minimum modulus value of each group of modulation symbols is greater than a minimum modulus value difference, wherein the modulus value difference represents a modulus value difference between any two modulation symbols in each group of modulation symbols.
11. The method according to claim 2, wherein modulus values of the modulation symbols in each group are different from one another, and a modulus value of any modulation symbol in the first group of modulation symbols is the same with a modulus value of one modulation symbol in the second group of modulation symbols.
16. A data modulation apparatus, comprising: at least one processor; and at least one memory for storing at least one program; wherein the at least one program, when executed by the at least one processor, implements the data modulation method according to claim 1.
17. A non-transitory computer-readable storage medium, storing a processor-executable computer program thereon, wherein the processor-executable computer program, when executed by a processor, implements the data modulation method according to claim 1.
18. A computer program product, comprising a computer program or computer instruction, wherein the computer program or the computer instruction is stored in a computer-readable storage medium, a processor of a computer device reads the computer program or the computer instruction from the computer-readable storage medium, and the processor executes the computer program or the computer instruction, so that the computer device performs the data modulation method according to claim 1.
1. A data modulation method, comprising: modulating data according to a configured constellation point modulation symbol set, wherein a constellation point modulation symbol in the configured constellation point modulation symbol set is denoted by S(n), n is an integer between 0 and N−1, and N is an even integer greater than or equal to 4; and transmitting the modulated data on a physical resource; wherein modulating the data according to the configured S(n) set comprises: modulating the data by alternately using the S(n) set and an ejƟS(n) set; wherein the ejƟS(n) set and the S(n) set are different constellation point modulation symbol sets.
2. The method of claim 1, wherein the configured S(n) set is divided into two subgroups, each of the two subgroups comprises N/2 S(n), a phase difference between every two (n) in each of the two subgroups is less than or equal to π/2, and S(n) phase averages of the two subgroups differ by π.
5. The method of claim 2, wherein in each of the two subgroups, a minimum modulus of S(n) in each of the two subgroups is greater than half of a minimum modulus difference of S(n) in each of the two subgroups, or a minimum modulus of S(n) in each of the two subgroups is greater than a minimum modulus difference of S(n) in each of the two subgroups.
6. The method of claim 1, wherein a value of θ is ±π/2.
7. The method of claim 6, wherein modulating the data by alternately using the S(n) set and the ejƟS(n) set comprises: modulating the data in units of every log2 N binary bit data in a manner where the S(n) set and the ejƟS(n) set are alternately used.
8. The method of claim 6, wherein modulating the data by alternately using the S(n) set and the ejƟS(n) set comprises: modulating the data in units of every log2 N binary bit data by using an ejƟkS(n) set; wherein k is a location number of a data symbol obtained after modulation, k is an integer between 0 and K−1, and K is a number of data symbols obtained after the modulation.
12. A device, comprising a memory, a processor, a program stored in the memory and executable by the processor, and a data bus configured to enable a connection communication between the processor and the memory, wherein the program, when executed by the processor, performs the following: modulating data according to a configured constellation point modulation symbol set, wherein a constellation point modulation symbol in the configured constellation point modulation symbol set is denoted by S(n), n is an integer between 0 and N−1, and N is an even integer greater than or equal to 4; and transmitting the modulated data on a physical resource; wherein the program performs modulating the data according to the configured S(n) set by: modulating the data by alternately using the S(n) set and an ejƟS(n) set; wherein the ejƟS(n) set and the S(n) set are different constellation point modulation symbol sets.
13. A non-transitory readable and writeable storage medium, configured to be stored in a computer, wherein the storage medium stores at least one program, and the at least one program is executable by at least one processor to perform the data modulation method of claim 1.
Claim Rejections - 35 USC § 102
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 1-11 and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xin.
As to claim 1, Xin discloses a data modulation method (see the abstract), comprising: modulating a data sequence by using N constellation point modulation symbols {S(n)}, to obtain K modulated data symbols [x(k)] (see the abstract, Fig. 1, block S11, paragraphs 0005, 0007, 0011, 0027, and 0038), wherein the N constellation point modulation symbols comprise two groups of modulation symbols (see the abstract, Fig. 1, block S11, paragraphs 0005, 0007, 0011, and 0027), the phase difference between the two groups of modulation symbols is a preset angle, and N is an even number greater than or equal to 4, n is any integer from 0 to N-1, K represents a number of the modulated data symbols, K is an integer, and k is any integer from 0 to K-1 (see the abstract, Fig. 1, block S11, paragraphs 0005, 0007, 0011, 0027, and 0038); performing a filtering operation on the modulated data symbols, to obtain filtered data (see paragraphs 0046, 0076, and claim 12); and transmitting the filtered data on a physical resource (see paragraphs 0046, 0076, and claim 12).
As to claim 2, Xin discloses that the two groups of modulation symbols comprise a first group of modulation symbols and a second group of modulation symbols, the modulation symbols in the first group of modulation symbols have the same phase, the modulation symbols in the second group of modulation symbols have the same phase, and a phase difference between the first group of modulation symbols and the second group of modulation symbols is 180 degrees (see paragraphs 0031 and 0066).
As to claim 3, Xin discloses that a number of modulation symbols comprised in each of the two groups of modulation symbols is N/2 (see paragraphs 0049-0050).
As to claim 4, Xin discloses that modulating the data sequence by using N constellation point modulation symbols {S(n)} comprises: modulating the data sequence by alternately using constellation point modulation symbols {S(n)} and constellation point modulation symbols {ejƟS(n)} after phase change Ɵ, wherein e is a natural constant, j is an imaginary unit, and Ɵ is equal to -π/2 or -π/2 (see paragraph 0034).
As to claim 5, Xin discloses that the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ are different sets of constellation point modulation symbols (see paragraphs 0034-0036).
As to claim 6, Xin discloses that modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ comprises: modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ with M binary bit data as a unit, wherein M= log2 N , M is a logarithm of N with base 2 (see paragraphs 0037-0038, 0070, and claim 6).
As to claim 7, Xin discloses that modulating the data sequence by alternately using the constellation point modulation symbols {S(n)} and the constellation point modulation symbols {ejƟS(n)} after phase change Ɵ comprises: modulating the data sequence by using constellation point modulation symbols {ejƟkS(n)} carrying position numbers of data symbols, wherein k represents the position number of the data symbol (see paragraphs 0037-0038, 0040, and 0072).
As to claim 8, Xin discloses that at least one binary bit data of the M binary bit data is modulated by different phases of the constellation point modulation symbol {S(n)} (see paragraphs 0039 and 0071).
As to claim 9, Xin discloses that a minimum modulus value of each group of modulation symbols is greater than half of a minimum modulus value difference, wherein the modulus value difference represents a modulus value difference between any two modulation symbols in each group of modulation symbols (see paragraphs 0043-0044).
As to claim 10, Xin discloses that a minimum modulus value of each group of modulation symbols is greater than a minimum modulus value difference, wherein the modulus value difference represents a modulus value difference between any two modulation symbols in each group of modulation symbols (see paragraphs 0043-0044).
As to claim 11, Xin discloses that modulus values of the modulation symbols in each group are different from one another (see paragraph 0042), and a modulus value of any modulation symbol in the first group of modulation symbols is the same with a modulus value of one modulation symbol in the second group of modulation symbols (see paragraphs 0042 and 0050).
As to claim 16, Xin discloses a data modulation apparatus (see the abstract), comprising: at least one processor; and at least one memory for storing at least one program; wherein the at least one program, when executed by the at least one processor, implements the data modulation method according to claim 1 (see paragraphs 0008-0011).
As to claim 17, Xin discloses a non-transitory computer-readable storage medium, storing a processor-executable computer program thereon, wherein the processor-executable computer program, when executed by a processor, implements the data modulation method according to claim 1 (see paragraphs 0008-0011, 0024, and 0081).
As to claim 18, Xin discloses a computer program product, comprising a computer program or computer instruction, wherein the computer program or the computer instruction is stored in a computer-readable storage medium, a processor of a computer device reads the computer program or the computer instruction from the computer-readable storage medium, and the processor executes the computer program or the computer instruction, so that the computer device performs the data modulation method according to claim 1 (see paragraphs 0008-0011, 0024, and 0081).
Allowable Subject Matter
Claims 12-15, 19, 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.
Conclusion
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LEILA . MALEK
Examiner
Art Unit 2632
/LEILA MALEK/Primary Examiner, Art Unit 2632