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 .
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.
Claims 1-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. This judicial exception is not integrated into a practical application because the generically recited elements (memory, processor, user equipment) do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on paper or in the mind/using mathematical concepts or using a generic computer without significantly more. Claims 1, 8, 14 and 15 are drawn to a system, a method, user equipment and non-transitory computer readable medium with processor and memory. The claims lists steps method as generate/generating…” “compute/computing…”. , “augment/augmenting”. According to the revised Patent Subject Matter Eligibility Guidance (2019 PEG) — see MPEP 2106.04, the claim includes “abstract idea”s : the generating samples, computing phase coefficients and augmenting samples with an intended use of transmission or reception. However, the practical application of manipulating the signal or subcarriers for actual transmission or reception has not been positively recited in the claims. Thus, claims as drafted, are processes that under the broadest reasonable interpretation cover performance of the limitations in the mind, or by hand (on paper). For instance, the step of generating samples from subcarriers implies manually putting on paper claimed samples as a representation of data and performing manual calculations to samples and calculation of phase coefficients. Nothing precludes the determining and selecting steps from practically being performed in the human mind/ on paper. Accordingly, under the revised PEG, this falls under “mental processes.” Additionally, the steps for the method also fall under “mathematical concepts” since the samples and manipulation of them is a mathematical representation of the subcarriers without a practical application incorporating the manipulated data to actually perform transmission/reception. Dependent claims are drawn to further mathematical steps for performing a method which may be performed in the mind/on paper/using a generic computer without significantly more. Thus, the claimed invention falls under one of the above groupings of ‘abstract ideas”. Accordingly, claims 1-15 are rejected under 35 U.S.C. 101 for being drawn to an abstract idea.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Matsumoto et al. (US 20090046604 A1) and Yamamoto et al. (US 20190173712 A1) disclose generating one or more samples from one or more subcarriers using an Inverse Fast Fourier Transform technique during a modulation stage and using a Fast Fourier Transform technique during a de-modulation stage.
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/VINEETA S PANWALKAR/Primary Examiner, Art Unit 2635
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