Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
2. This office action is in response to preliminary amendment communication filed on 12/24/2024. Claims 1 -25 have been canceled. Claims 26-44 have been added. Claims 26-44 are pending on this application.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 26-31, 34-38, 40 and 43-44 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oh et a. Pub. No. 2016/0352462.
Regarding claim 26, Fig. 1 and Fig. 7 of Oh et al. discloses a computer-implemented method (paragraph 0627) for in-channel (upper and base layers) function computation (function of first and second BICM encoders) in a digital communication system (paragraph 0005) comprising a plurality of transmitting digital units (110, 120) and one or more channels (upper and base layers), the method comprising the steps of: digitally encoding (111, 121) input data (Stream A, Stream B) according to one or more transmitting encoding schemes (first and second BICM encoders), wherein the input data (Stream A and Stream B) is encoded (111, 121) according to a digital modulation scheme (first and second BICM encoders) , wherein the digital modulation scheme first and second BICM encoders) is an amplitude-based and phased-based modulation scheme (Fig. 3); transmitting digitally encoded input data (outputs of 110 and 120) having changed phase and amplitude (Fig. 3 discloses QPSK and QAM) from the plurality of transmitting digital units (110, 120) through the one or more channels (upper and base layers); obtaining superpositions (paragraph 0067) of the digitally encoded input data (outputs of 110, 120) from the plurality of the transmitting digital units (110, 120) in the one or more channel (upper and base layers); based on a decoding scheme (Fig. 7), which assigns, to any one of the possible superpositions (paragraph 0067) of the transmitted digitally encoded input data (outputs of 110, 120), a predefined value (predefined value of OFMD 160) corresponding to a predefined combination (Adder in Fig. 1) of the digitally encoded input data (outputs of 110, 120) , decoding (Fig. 7) the superpositions (paragraph 0067) of transmitted digitally encoded input data (outputs of 110, 120), thereby obtaining combinations of the digitally encoded input data (Adder of Fig. 1) , wherein the step of decoding (Fig. 7) the superpositions (paragraph 0067) of transmitted digitally encoded input data (outputs of 110, 120) comprises determining the phase and amplitude (Fig. 3) of the transmitted signals (160) comprising paragraph 0067) of the digitally encoded input data (outputs of 110, 120), and mapping the signals (paragraph 0077) to predefined combinations (Adder of Fig. 1) or functions (function of first and second BICM encoders) of the input data (Stream A and Stream B).
Regarding claim 27. The method for in-channel function computation according to claim 26, Fig. 1 and Fig. 7 further disclose wherein the input data (Stream A, Stream B) comprises several input data sources (sources of Stream A and Stream B) comprising at least first input data (Stream A), transmitted using a first transmitting digital unit (110), and second input data (Stream B), transmitted using a second transmitting digital unit (120).
Regarding claim 28. The method for in-channel function computation according to claim 26, Fig. 1 further discloses wherein the channels are time-invariant or time-variant channels (paragraph 0077).
Regarding claim 29. The method for in-channel function computation according to claim 26, Fig. 1 further discloses wherein the channels (upper and base layers) are time-variant channels (interleaves 112, 122).
Regarding claim 30. The method for in-channel function computation according to claim 26, Fig. 1 further discloses wherein computation (110, 120) and transmission occurs simultaneously (Fig. 3).
Regarding claim 31. (New) The method for in-channel function computation according claim 26, wherein the superpositions (paragraph 0067) of the digitally encoded input data (outputs of 110 and 120) are obtained by interference of transmitting signals (Fig. 3, Fig. 4) from the plurality of transmitting digital units (110, 120) carrying the transmitted digitally encoded input data (outputs of 110, 120) .
Regarding claim 34. The method for in-channel function computation according to claim 26, Fig. 1 and Fig. 30 of Oh et al. further disclose wherein the transmitting encoding scheme (first and second BICM encoders in Fig. 1) and the decoding scheme ( 200 and 400 in Fig. 30) associate each superposition (paragraph 0067) of the digitally encoded input data (output of 110 and 120 in Fig. 1) with a predefined unique (Upper layer, Base layer) combination of input data (Fig. 3) , preferably comprising input data from at least first input data (Stream A) , transmitted using a first transmitting digital unit (110) , and second input data (Stream B) , transmitted using a second transmitting digital unit (120) .
Regarding claim 35. The method for in-channel function computation according to claim 34, Fig. 30 further discloses wherein the step of decoding (200, 400) the superpositions (paragraph 0067) of transmitted digitally encoded input data (outputs of 110 and 120) comprises extracting (extracting of 1000 for upper layer and base layer) the unique combinations (upper layer and base layer) for the received (1010) superpositions (paragraph 0067) of transmitted digitally encoded input data (outputs of 110 and 120 in Fig. 1).
Regarding claim 36. The method for in-channel function computation according to claim 26, Fig. 1 further discloses wherein the transmitted digitally encoded input data (outputs of 110, 120) is transmitted (160) over signals with different transmission power (Fig. 4).
Regarding claim 37. (New) The method for in-channel function computation according to claim 26, Fig. 1 further discloses wherein the transmitted (160) digitally encoded input data (outputs of 110 and 120) from the transmitting digital units (110 and 120) are transmitted (160) at a same carrier frequency (Fig. 4 discloses the upper layer RF signal and lower layer RF signal having the same frequency).
Regarding claim 38. The method for in-channel function computation according to claim 26, Fig. 1 further discloses wherein the transmitted (160) digitally encoded input data (outputs of 110 and 120) from the transmitting digital units (110 and 120) are transmitted at a same time (Fig. 4 discloses upper layer RF signal and lower layer signal is transmitted at a same time).
Regarding claim 40. (New) The method for in-channel function computation according to claim 26, Fig. 30 further discloses wherein the step of decoding (200, 400) the superpositions (paragraph 0067) of transmitted (160) digitally encoded input data (outputs of 110 and 120 in Fig. 1) further comprises error correction (paragraph 0152), and/or synchronization (synchronization of upper and base layer in Fig. 4), and/or acquisition of channel state information (Fig. 3 and Fig. 4).
Regarding claim 43. The method for in-channel function computation according to claim 26, Fig. 1 and Fig. 30 further disclose wherein the digitally encoded input data (outputs of 110 and 120) from the plurality of transmitting digital units (110, 120) is transmitted (160) asynchronously (time interleave 150) and is decoded (200 and 400 in Fig. 30) based on a unique time sequence (time interleave 1020 in Fig. 30) of superpositions (paragraph 0067).
Regarding claim 44. , Fig. 1 and Fig. 30 of Oh et al. discloses a digital communication system (paragraph 0005) comprising a plurality of transmitting digital units (110, 120) ; one or more channels (upper and lower layers) ; and at least one digital receiver (Fig. 30) , the transmitting digital units (110, 120) utilizing one or more transmitting encoding schemes (first and second BICM encoders) for encoding input data (Stream A and Stream B) and transmit (160) digitally encoded input data (outputs of 110 and 120) , wherein the input data (Stream A and Stream B) is encoded according to a digital modulation scheme (first and second BICM encoders), wherein the digital modulation scheme first and second BICM encoders) is an amplitude-based and phased-based modulation scheme (Fig. 3 discloses QPSK and QAM modulation) , the one or more channels (upper layer and base layer channels) configured to obtain superpositions (paragraph 0067) of transmitted (160) digitally encoded input data (outputs of 110 and 120) , wherein the receiver (Fig. 30) is configured to decode (200, 400 in Fig. 30) said superpositions (paragraph 0067) as combinations (Adder in Fig. 1) of transmitted (160) digitally encoded input data (outputs of 110, 120) , based on a decoding scheme (200, 400 in Fig. 30) which assigns to any of the possible superpositions (paragraph 0067) a predefined value (predefined value of OFMD 160) corresponding to a predefined combination (Adder of Fig. 1) of the digitally encoded input data (outputs 110 and 120) , wherein the receiver (Fig. 30) is configured to decode (200 and 400 in Fig. 30) the superpositions (paragraph 0067) by determining the phase and amplitude (Fig. 4) of the transmitted (160) digitally encoded input data (outputs of 110 and 120) , and mapping the signals (paragraph 0077) to predefined combinations (Adder of Fig. 1) or functions (function of first and second BICM encoders) of the input data (Stream A and Stream B).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. applied to claim 26 above in view of Friskney et al. U.S. 7,471,903.
Fig. 1 and Fig. 30 of Oh et al. applied to claim 26 above do not disclose wherein the decoding scheme (200 and 400 in Fig. 30) comprises a number of constellation points equal to or more than a number of possible combinations of input data (Adder in Fig. 1).
Fig. 1 and Fig. 2 of Friskney et al. discloses a transmitter and receiver (20 and 19) comprising: a number of possible transmitted combinations constellation points (30) of input data; a decoding scheme (Col. 2 line 60) comprises a number of constellation points equal to or more than a number of possible combinations of input data (Col. 2 lines 58-60).
Oh et al. and Friskney et al. are common subject matter of phase and amplitude modulation for transmitting and receiving; therefore, it would have been obvious before the effective filing date of claimed invention to one ordinary skill in the art to which the claimed invention pertains to in corporate Friskney et al. into Oh et al. for the purpose of providing additional information can be gained from receiving with more constellation points than are transmitted on, for example by using maximum likelihood decoding (Col. 2 lines 58-60 of Friskney et al.).
7. Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. applied to claim 26 above in view of Shi et al. Pub. No. 2024/0372772.
Oh et al. applied to claim 26 above wherein the superpositions of the transmitted digitally encoded input data have a number of superposed constellation points greater than constellation points of digital modulation scheme used for encoding the input data.
Fig. 2 and Fig. 5 of Shi et al. discloses a superpositions (Channel estimation -Post equalization) of a transmitted digitally encoded input data (LDPC Encoding) have a number of superposed constellation points (Higher-order modulation obtain through superposition) greater than constellation points (two different low-order modulation signals) of digital modulation scheme (multi-dimensional modulation and precoding) used for encoding an input data (ICW).
Oh et al. and Shi et al. are common subject matter of phase and amplitude modulation for transmitting and receiving; therefore, it would have been obvious before the effective filing date of claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate Shi et al. into Oh et al. for the purpose of providing lower-order modulation signals obtained through modulation can be superposed to obtain a higher-order modulation signal, where a constellation diagram of the higher-order modulation signal meets a Gray mapping rule. In addition, power ratios of the two lower-order modulation signals are the same, so that a transmit power at the transmit end can be fully utilized (paragraph 0028 of Shi et al.).
8. Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. applied to claim 26 above in view of Cronie et al. U.S. patent No. 9,154,252.
Oh et al. applied to claim 26 above do not disclose wherein the decoding scheme (Fig. 30 {200, 400}) is implemented in a look-up-table.
Fig. 3 of Cronie et al. disclose a transmitter (320) and receiver (340) comprising a decoding scheme (648 in Fig. 13) is implemented in a look-up-table (1340 in Fig. 13; Col. 15 lines 66-67).
Oh et al. and Cronie et al. are common subject matter of transmitting encoding and receiving decoding; therefore, it would have been obvious before the effective filing date of claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate Cronie et al. into Oh et al. for the purpose of providing a decoder may comprise a LUT to map the indices data to the original bits to accomplish the task of decoding (Col. 15 lines 66 to Col. 16 line 1 of Cronie et al.).
9. Claim 41 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. applied to claim 26 above in view of O’Shea et al. Pub. No. 2018/0367192.
Oh et al. applied to claim 26 above do not disclose wherein input data are gradients and/or parameters of a machine learning model.
Fig. 7 of O’Shea et al. discloses transmitter (712) and receiver (714) for in-channel computation comprising: input data (708) are gradients and/or parameters of a machine learning model (paragraph 0161).
Oh et al. and O’Shea et al. are common subject matter of transmitting encoding and receiving decoding; therefore, it would have been obvious before the effective filing date of claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate O’Shea et a.l into Oh et al. for the purpose of providing systems for training and deploying machine-learning networks to communicate over RF channels, and specifically to encode and decode information for communication over RF channels using multi-antenna transceivers (paragraph 0004 of O’Shea et al.).
10. Claim 42 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. applied to claim 26 above in view of Nainar et al. Pub. No. 2023/0092777.
Oh et al. applied to claim 26 above do not disclose wherein the combination of input data is a federated average of machine learning models.
Fig. 3A of Nainar et al. discloses a transceiver (300) comprising a machine learning model (Fig. 5; paragraph 0043) includes: a combination (∑) of input data (X1…X9) is a federated average of machine learning models (paragraph 0030).
Oh et al. and Nainar et al. are common subject matter of data acquisition for transmitting and receiving; therefore, it would have been obvious before the effective filing date of claimed invention to one ordinary skill in the art to which the claimed invention pertains to incorporate O’Shea et al. into Oh et al. for the purpose of decentralized machine learning models can be developed for specific types of networks in a manner that increases the performance of the models; provide the practical application of improving the accuracy of machine learning models for tasks such as anomaly detection, network validation, security monitoring, and any other desired applications in which machine learning models may be used. In particular, by performing decentralized training using data obtained from similar networks, more relevant output parameters may be selected, thereby increasing the accuracy of any machine learning model, such as a predictive model or a classifier model, that is based upon the output parameters (paragraph 0017 of Nainar et al.).
Contact Information
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linh Van Nguyen whose telephone number is (571) 272-1810. The examiner can normally be reached from 8:30 – 5:00 Monday-Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mr. Dameon E. Levi can be reached at (571) 272-2105. The fax phone numbers for the organization where this application or proceeding is assigned are (571-273-8300) for regular communications and (571-273-8300) for After Final communications.
07/15/2026
/LINH V NGUYEN/Primary Examiner, Art Unit 2845