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 .
2. This communication is in response to the Application No. 18/908,059 filed on 10/7/24. Claims 1 – 20 has been examined.
Double Patenting
3. 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).
4. 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).
5. 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.
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7. Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,137,016 in view of Wei (5,548,615). Although the claims at issue are not identical, they are not patentably distinct from each other because see below.
Instant Application
Pat # 12,137,016
A data modulation method, comprising:
configuring a modulation manner; and modulating data by using the modulation manner;
wherein that a constellation point modulation symbol of the modulation manner is formed by combining a first group of constellation point modulation symbols and a second group of constellation point modulation symbols comprises: adjusting a phase of the second group of constellation point modulation symbols based on a phase of the first group of constellation point modulation symbols; and
forming, based on a combination of the first group of constellation point modulation symbols and adjusted second group of constellation point modulation symbols, the constellation point modulation symbol of the modulation manner.
A data modulation method, comprising:
configuring a modulation manner, wherein a constellation point modulation symbol of the modulation manner is formed by combining a first group of constellation point modulation symbols and a second group of constellation point modulation symbols; and
modulating data by using the modulation manner, wherein the data comprises a first data block and a second data block, the first data block is modulated by the first group of constellation point modulation symbols, and the second data block is modulated by the second group of constellation point modulation symbols.
The instant application differs: “adjusting a phase of the second group of constellation point modulation symbols based on a phase of the first group of constellation point modulation symbols”.
Wei teaches adjusting a phase of the second group of constellation point modulation symbols based on a phase of the first group of constellation point modulation symbols (A rotationally invariant, multilevel coded modulation scheme suitable for use with constellations having more than two phase ambiguities is provided in accordance with the principles of the invention. A constellation, such as an M-PSK or QAM constellation, is first partitioned into a first group of subsets and then partitioning each of the subsets into a respective second group of subsets. The partitioning is done such that the first and second groups of subsets are invariant to the same amounts of phase rotation, Background).
It would have been obvious to one of the ordinary skilled in the art at the time of the filing to combine the teachings of Wei’s adjusting phase or group of symbols with the patent of 12,137,016. One would be motivated to combine these teachings because in doing so it can provide multilevel modulation with error-rate performance, higher gain; which is desired in most communication systems.
7. Claim 2 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 12,137,016. Please see below:
Instant Application
Pat # 12,137,016
The method of claim 1, wherein the constellation point modulation symbol of the modulation manner is formed by combining following formulas: S(n)=P(S1(k)+ejθ(S1(k))S2(m)); wherein S(n) is a modulation symbol in a constellation point modulation symbol group{S(n)} of the modulation manner, S1(k) is a modulation symbol in the first group of constellation point modulation symbols {S1(k)}, and θ(S1(k)) is a phase of S1(k), S2(m) is a modulation symbol in the second group of constellation point modulation symbols {S2(m)}; wherein k=0, 1, ... , K-1; m=0,1, ... ,M-1; n=0,1, ... , N-1; N is an even integer greater than or equal to 4, K < N, M < N; and P is a constant.
The method of claim 2, wherein the constellation point modulation symbol of the modulation manner is formed by combining following formulas:
S(n)=P(S1(k)+e.sup.jθ(S1(k))S2(m)); wherein S(n) is a modulation symbol in a constellation point modulation symbol group {S(n)} of the modulation manner, S1(k) is a modulation symbol in the first group of constellation point modulation symbols {S1(k)}, and θ(S1(k)) is a phase of S1(k), S2(m) is a modulation symbol in the second group of constellation point modulation symbols {S2(m)}; wherein k=0, 1, . . . , K−1; m=0, 1, . . . , M−1; n=0, 1, . . . , N−1; N is an even integer greater than or equal to 4, K<N, M<N; and P is a constant.
8. Claim 3 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 12,137,016. Please see below:
Instant Application
Pat # 12,137,016
The method of claim 1, wherein the first group of constellation point modulation symbols is a group of binary phase shift keying (BPSK) modulation symbols, and a phase difference between adjacent modulation symbols is π/2.
The method of claim 1, wherein the first group of constellation point modulation symbols is a group of binary phase shift keying (BPSK) modulation symbols, and a phase difference between adjacent modulation symbols is π/2.
9. Claim 4 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,137,016. Please see below:
Instant Application
Pat # 12,137,016
The method of claim 1, wherein modulating the data by using the modulation manner comprises: dividing the constellation point modulation symbol of the modulation manner into two subgroups; and modulating the data using the two subsets alternately.
The method of claim 1, wherein modulating the data by using the modulation manner comprises: dividing the constellation point modulation symbol of the modulation manner into two subgroups; and modulating the data using the two subsets alternately.
10. Claim 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of U.S. Patent No. 12,137,016. Please see below:
Instant Application
Pat # 12,137,016
The method of claim 1, wherein a maximum modulus value of modulation symbols comprised in the second group of constellation point modulation symbols is less than one of following values: a maximum modulus value in the first group of constellation point modulation symbols; a minimum modulus value in the first group of constellation point modulation symbols; or half of a minimum modulus value in the first group of constellation point modulation symbols.
The method of claim 1, wherein a maximum modulus value of modulation symbols comprised in the second group of constellation point modulation symbols is less than one of following values: a maximum modulus value in the first group of constellation point modulation symbols; a minimum modulus value in the first group of constellation point modulation symbols; or half of a minimum modulus value in the first group of constellation point modulation symbols.
11. Claim 6 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 8 of U.S. Patent No. 12,137,016. Please see below:
Instant Application
Pat # 12,137,016
The method of claim 1, wherein the data is mapped and modulated by using the constellation point modulation symbol of the modulation manner by taking per log2N or per log2(N/2) binary bit data sequences as a unit, and the binary bit data sequences are data sequences after being coded.
The method of claim 1, wherein the data is mapped and modulated by using the constellation point modulation symbol of the modulation manner by taking per log2N or per log2(N/2) binary bit data sequences as a unit, and the binary bit data sequences are data sequences after being coded.
12. Claim 7 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12 of U.S. Patent No. 12,137,016. Please see below:
Instant Application
Pat # 12,137,016
The method of claim 1, further comprising: transmitting the modulated data on a physical resource.
The method of claim 1, further comprising: transmitting the modulated data on a physical resource.
13. Claim 8 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 12,137,016. Please see below:
Instant Application
Pat # 12,137,016
The method of claim 7, wherein transmitting the modulated data on the physical resource comprises: transmitting the modulated data in a time domain; or, transmitting the modulated data on a radio frequency link after being processed, wherein a means of processing the modulated data comprises a filtering and a digital-to-analog conversion, or a means of processing the modulated data comprises a discrete Fourier transform (DFT), an inverse discrete Fourier transform (IDFT) and a digital-to-analog conversion.
The method of claim 12, wherein transmitting the modulated data on the physical resource comprises: transmitting the modulated data in a time domain; or, transmitting the modulated data on a radio frequency link after being processed, wherein a means of processing the modulated data comprises a filtering and a digital-to-analog conversion, or a means of processing the modulated data comprises a discrete Fourier transform (DFT), an inverse discrete Fourier transform (IDFT) and a digital-to-analog conversion.
14. Claim 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of U.S. Patent No. 12,137,016. Please see below:
Instant Application
Pat # 12,137,016
The method of claim 1, further comprising: transmitting identification information, wherein the identification information indicates whether the data is modulated by using the constellation point modulation symbol of the modulation manner.
The method of claim 1, further comprising: transmitting identification information, wherein the identification information indicates whether the data is modulated by using the constellation point modulation symbol of the modulation manner.
Regarding claim 10, the device substantially has same limitation(s) as claim 1, thus the same rejection is applicable.
Regarding claim 11, the device substantially has same limitation(s) as claim 2, thus the same rejection is applicable.
Regarding claim 12, the device substantially has same limitation(s) as claim 3, thus the same rejection is applicable.
Regarding claim 13, the device substantially has same limitation(s) as claim 4, thus the same rejection is applicable.
Regarding claim 14, the device substantially has same limitation(s) as claim 5, thus the same rejection is applicable.
Regarding claim 15, the device substantially has same limitation(s) as claim 6, thus the same rejection is applicable.
Regarding claim 16, the device substantially has same limitation(s) as claim 7, thus the same rejection is applicable.
Regarding claim 17, the device substantially has same limitation(s) as claim 8, thus the same rejection is applicable.
Regarding claim 18, the device substantially has same limitation(s) as claim 9, thus the same rejection is applicable.
Regarding claim 19, the non-transitory storage medium has same limitation(s) as claim 1, thus the same rejection is applicable.
Regarding claim 20, the non-transitory storage medium has same limitation(s) as claim 2, thus the same rejection is applicable.
Conclusion
15. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANMAY K SHAH whose telephone number is (571)270-3624. The examiner can normally be reached Mon - Fri - 8:00 - 5:00.
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/TANMAY K SHAH/Primary Examiner, Art Unit 2632
TANMAY K. SHAH
Primary Examiner
Art Unit 2632
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