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 .
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1,6,11, and 16 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1,6,16,21,31, and 32 of U.S. Patent No. 12,143,209. Although the conflicting claims are not identical, they are not patentably distinct from each other because claim(s) 1,6,16,21,31, and 32 of U.S. Patent No. 12,143,209contain(s) every element of claims 1,6,11, and 16 of the instant application and as such anticipate(s) claim(s) 1,6,11, and 16 of the instant application.
Instant application
Patented Case
A communication method comprising: determining a channel quality indicator (CQI) index; and sending the CQI index; wherein the first CQI index is among multiple entries corresponding to multiple CQI indices, the multiple entries comprises 13 entries corresponding to 13 CQI indices ranging from 0 to 12, each entry in the multiple entries at least comprises a CQI index, a modulation scheme, a code rate and spectrum efficiency; and wherein: CQI indices 1 to 3 correspond to 3 entries in which the modulation schemes are quadrature phase shift keying (QPSK) and in which the spectrum efficiencies are 0.1523, 0.3770 and 0.8770, and in which the code rate are 78, 193, and 449 respectively; CQI indices 4 to 6 correspond to 3 entries in which the modulation schemes are 16 quadrature amplitude modulation (QAM) and in which the spectrum efficiencies are 1.4766, 1.9141 and 2.4063, and in which the code rate are 378, 490 and 616 respectively; CQI indices 7 to 11 correspond to 5 entries in which the modulation schemes are 64 QAM and in which the spectrum efficiencies are 2.7305, 3.3223, 3.9023, 4.5234 and 5.1152, and in which the code rate are 466, 567, 666, 772 and 873 respectively; and CQI index 12 corresponds to 1 entry in which the modulation schemes are 256 QAM, and in which spectrum efficiency is 5.5547 and in which code rate is 711.
6. A communication method, the method comprising: receiving a channel quality indicator (CQI) index; determining a first modulation scheme according to the CQI index; wherein the first CQI index is among multiple entries corresponding to multiple CQI indices, the multiple entries comprises 13 entries corresponding to 13 CQI indices ranging from 0 to 12, each entry in the multiple entries at least comprises a CQI index, a modulation scheme, a code rate and spectrum efficiency; and wherein: CQI indices 1 to 3 correspond to 3 entries in which the modulation schemes are quadrature phase shift keying (QPSK) and in which the spectrum efficiencies are 0.1523, 0.3770 and 0.8770, and in which the code rate are 78, 193, and 449 respectively; CQI indices 4 to 6 correspond to 3 entries in which the modulation schemes are 16 quadrature amplitude modulation (QAM) and in which the spectrum efficiencies are 1.4766, 1.9141 and 2.4063, and in which the code rate are 378, 490 and 616 respectively; CQI indices 7 to 11 correspond to 5 entries in which the modulation schemes are 64 QAM and in which the spectrum efficiencies are 2.7305, 3.3223, 3.9023, 4.5234 and 5.1152, and in which the code rate are 466, 567, 666, 772 and 873 respectively; and CQI index 12 corresponds to 1 entry in which the modulation schemes are 256 QAM, and in which spectrum efficiency is 5.5547 and in which code rate is 711.
11. A communication apparatus comprising: a processor configured to determine a channel quality indicator (CQI) index; and a transmitter configured to cooperate with the processor to send the CQI index; wherein the first CQI index is among multiple entries corresponding to mutiple CQI indices, the multiple entries comprises 13 entries corresponding to 13 CQI indices ranging from 0 to 12, each entry in the multiple entries at least comprises a CQI index, a modulation scheme, a code rate and spectrum efficiency; and wherein: CQI indices 1 to 3 correspond to 3 entries in which the modulation schemes are quadrature phase shift keying (QPSK) and in which the spectrum efficiencies are 0.1523, 0.3770 and 0.8770, and in which the code rate are 78, 193, and 449 respectively; CQI indices 4 to 6 correspond to 3 entries in which the modulation schemes are 16 quadrature amplitude modulation (QAM) and in which the spectrum efficiencies are 1.4766, 1.9141 and 2.4063, and in which the code rate are 378, 490 and 616 respectively; CQI indices 7 to 11 correspond to 5 entries in which the modulation schemes are 64 QAM and in which the spectrum efficiencies are 2.7305, 3.3223, 3.9023, 4.5234 and 5.1152, and in which the code rate are 466, 567, 666, 772 and 873 respectively; and CQI index 12 corresponds to 1 entry in which the modulation schemes are 256 QAM, and in which spectrum efficiency is 5.5547 and in which code rate is 711.
16. A communication apparatus, comprising: a receiver, configured to receive a channel quality indicator (CQI) index; and a processor, configured to determine a first modulation scheme according to the CQI index; wherein the first CQI index is among multiple entries corresponding to multiple CQI indices, the multiple entries comprises 13 entries corresponding to 13 CQI indices ranging from 0 to 12, each entry in the multiple entries at least comprises a CQI index, a modulation scheme, a code rate and spectrum efficiency; and wherein: CQI indices 1 to 3 correspond to 3 entries in which the modulation schemes are quadrature phase shift keying (QPSK) and in which the spectrum efficiencies are 0.1523, 0.3770 and 0.8770, and in which the code rate are 78, 193, and 449 respectively; CQI indices 4 to 6 correspond to 3 entries in which the modulation schemes are 16 quadrature amplitude modulation (QAM) and in which the spectrum efficiencies are 1.4766, 1.9141 and 2.4063, and in which the code rate are 378, 490 and 616 respectively; CQI indices 7 to 11 correspond to 5 entries in which the modulation schemes are 64 QAM and in which the spectrum efficiencies are 2.7305, 3.3223, 3.9023, 4.5234 and 5.1152, and in which the code rate are 466, 567, 666, 772 and 873 respectively; and CQI index 12 corresponds to 1 entry in which the modulation schemes are 256 QAM, and in which spectrum efficiency is 5.5547 and in which code rate is 711.
1. A notification method for a channel quality indicator (CQI) comprising: acquiring a first CQI index according to an acquired first CQI table; and sending the first CQI index to a base station, wherein the first CQI table comprises: multiple entries in which modulation schemes are higher than 64 quadrature amplitude modulation (QAM); multiple entries in a second CQI table and in which modulation schemes are quadrature phase shift keying (QPSK); and all entries that are in the second CQI table and in which modulation schemes are 16QAM; wherein the second CQI table comprises 6 entries in which the modulation schemes are QPSK, the 6 entries are associated with CQI indices 1 to 6, respectively, and entries associated with CQI indices 3, 4, 5, and 6 in the second CQI table are entries in which code rates are highest in the 6 entries; wherein a combination formed by the multiple entries in which the modulation schemes are QPSK in the first CQI table, is neither a combination of the entries associated with CQI indices 4, 5 and 6 in the second CQI table, nor a combination of the entries associated with CQI indices 3, 4, 5 and 6 in the second CQI table; and wherein modulation schemes in entries in the second CQI table comprise only QPSK, 16QAM, and 64QAM, and a value range of a CQI index in the first CQI table is the same as a value range of a CQI index in the second CQI table.
6. A notification method for a modulation and coding scheme (MCS) comprising: receiving a first channel quality indicator (CQI) index sent by UE, wherein the first CQI index is determined by the UE according to an acquired first CQI table; determining a first MCS index according to the acquired first CQI table, a first MCS table, and the received first CQI index, wherein the first MCS table comprises (a) multiple entries whose modulation schemes are higher than 64QAM and (b) multiple entries in a second MCS table whose modulation schemes are QPSK and 16QAM and the first CQI table comprises (a) multiple entries whose modulation schemes are higher than 64 quadrature amplitude modulation (QAM), (b) multiple entries in a second CQI table whose modulation schemes are quadrature phase shift keying (QPSK), and (c) all entries in the second CQI table whose modulation schemes are 16QAM; and sending the determined first MCS index to the UE; wherein the second CQI table comprises 6 entries in which the modulation schemes are QPSK, the 6 entries are associated with CQI indices 1 to 6, respectively, and entries associated with CQI indices 3, 4, 5, and 6 in the second CQI table are entries in which code rates are highest in the 6 entries; wherein a combination formed by the multiple entries in which the modulation schemes are QPSK in the first CQI table, is neither a combination of the entries associated with CQI indices 4, 5 and 6 in the second CQI table, nor a combination of the entries associated with CQI indices 3, 4, 5 and 6 in the second CQI table; wherein modulation schemes in entries in the second CQI table comprise only QPSK, 16QAM, and 64QAM, and a value range of a CQI index in the first CQI table is the same as a value range of a CQI index in the second CQI table; wherein the second MCS table comprises 10 entries in which the modulation schemes are QPSK, the 10 entries corresponding to MCS indices 0-9 respectively, and wherein entries corresponding to MCS indices 5, 6, 7, 8 and 9 in the second MCS table are entries in which code rates are highest in the 10 entries; wherein, a combination formed by the multiple entries in which the modulation scheme are QPSK in the first MCS table, is not a combination of the entries corresponding to MCS indices 5, 6, 7, 8 and 9 in the second MCS table; wherein the multiple entries in which the modulation schemes are QPSK in the first MCS table, are entries whose MCS indices are at equal intervals in the second MCS table; wherein modulation schemes in the second MCS table comprise only QPSK, 16QAM, and 64QAM, and a value range of an MCS index in the first MCS table is the same as a value range of an MCS index in the second MCS table.
16. A notification apparatus for a channel quality indicator (CQI) comprising a processor and a transmitter, wherein: the processor is configured to acquire a first CQI table, and to acquire a first CQI index according to the first CQI table; and the transmitter is configured to cooperate with the processor to send the first CQI index to a base station; wherein the first CQI table comprises: entries in which modulation schemes are higher than 64 quadrature amplitude modulation (QAM); and at least one entry in a second CQI table in which a modulation scheme is quadrature phase shift keying (QPSK); and all entries in the second CQI table and in which modulation schemes are 16QAM; wherein the second CQI table comprises 6 entries in which the modulation schemes are QPSK, the 6 entries are associated with CQI indices 1 to 6, respectively, and entries associated with CQI indices 3, 4, 5, and 6 in the second CQI table are entries in which code rates are highest in the 6 entries; wherein a combination formed by the multiple entries in which the modulation schemes are QPSK in the first CQI table, is neither a combination of the entries associated with CQI indices 4, 5 and 6 in the second CQI table, nor a combination of the entries associated with CQI indices 3, 4, 5 and 6 in the second CQI table; and wherein modulation schemes in entries in the second CQI table comprise only QPSK, 16QAM, and 64QAM, and a value range of a CQI index in the first CQI table is the same as a value range of a CQI index in the second CQI table.
21. A notification apparatus for a modulation and coding scheme (MCS) comprising a processor, a receiver, and a transmitter, wherein: the processor is configured to acquire a first channel quality indicator (CQI) table and a first MCS table; the receiver is configured to cooperate with the processor to receive a first channel quality indicator CQI index sent by a user equipment (UE), wherein the first CQI index is determined by the UE according to the first CQI table; the processor is further configured to determine a first MCS index according to the first CQI table, the first MCS table, and the first CQI index; and the transmitter is configured to cooperate with the processor to send the determined first MCS index to the UE; wherein the first CQI table comprises: multiple entries in which modulation schemes are higher than 64 quadrature amplitude modulation (QAM); and multiple in a second CQI table and in which a modulation scheme is quadrature phase shift keying (QPSK); and all entries that are in the second MCS table and in which modulation schemes are 16QAM; wherein the second CQI table comprises 6 entries in which the modulation schemes are QPSK, the 6 entries associated with CQI indices 1 to 6 respectively, and wherein entries associated with CQI indices 3, 4, 5, and 6 in the second CQI table are entries in which code rates are highest in the 6 entries; wherein a combination formed by the multiple entries in which the modulation schemes are QPSK in the first CQI table, is neither a combination of the entries associated with CQI indices 4, 5 and 6 in the second CQI table, nor a combination of the entries associated with CQI indices 3, 4, 5 and 6 in the second CQI table; and wherein modulation schemes in entries in the second CQI table comprise only QPSK, 16QAM, and 64QAM, and a value range of a CQI index in the first CQI table is the same as a value range of a CQI index in the second CQI table; and wherein the first MCS table comprises: multiple entries in which modulation schemes are higher than 64QAM; and at least one entry in a second MCS table and in which a modulation scheme is QPSK; at least one entry in the second MCS table in which a modulation scheme is 16QAM; wherein the second MCS table comprises 10 entries in which the modulation schemes are QPSK, the 10 entries correspond to MCS indices 0-9, respectively, and wherein entries corresponding to MCS indices 5, 6, 7, 8 and 9 in the second MCS table are entries in which code rates are highest in the 10 entries; wherein, a combination formed by the multiple entries in which the modulation scheme are QPSK in the first MCS table, is not a combination of the entries corresponding to MCS indices 5, 6, 7, 8 and 9 in the second MCS table; wherein modulation schemes in the second MCS table comprise only QPSK, 16QAM, and 64QAM, and a value range of an MCS index in the first MCS table is the same as a value range of an MCS index in the second MCS table.
31. A non-transitory computer readable medium storing program codes for execution by a processor of a user equipment device (UE) for a channel quality indicator (CQI), wherein the program codes comprise instructions for: acquiring a first CQI index according to an acquired first CQI table; and sending the first CQI index to a base station, wherein the first CQI table comprises: multiple entries in which modulation schemes are higher than 64 quadrature amplitude modulation (QAM); and multiple entries in a second CQI table and in which modulation schemes are quadrature phase shift keying (QPSK); and all entries that are in the second CQI table and in which modulation schemes are 16QAM; wherein the second CQI table comprises 6 entries in which the modulation schemes are QPSK, the 6 entries are associated with CQI indices 1 to 6, respectively, and entries associated with CQI indices 3, 4, 5, and 6 in the second CQI table are entries in which code rates are highest in the 6 entries; wherein a combination formed by the multiple entries in which the modulation schemes are QPSK in the first CQI table, is neither a combination of the entries associated with CQI indices 4, 5 and 6 in the second CQI table, nor a combination of the entries associated with CQI indices 3, 4, 5 and 6 in the second CQI table; and wherein modulation schemes in entries in the second CQI table comprise only QPSK, 16QAM, and 64QAM, and a value range of a CQI index in the first CQI table is the same as a value range of a CQI index in the second CQI table.
32. A non-transitory computer readable medium storing program codes for execution by a processor of a base station for a modulation and coding scheme (MCS), wherein the program codes comprise instructions for: receiving a first channel quality indicator (CQI) index sent by UE, wherein the first CQI index is determined by the UE according to an acquired first CQI table; determining a first MCS index according to the acquired first CQI table, a first MCS table, and the received first CQI index; and sending the determined first MCS index to the UE; wherein the first CQI table comprises: multiple entries in which modulation schemes are higher than 64 quadrature amplitude modulation (QAM); and multiple entries in a second CQI table in which modulation schemes are quadrature phase shift keying (QPSK), and all entries that are in the second CQI table and in which modulation schemes are 16QAM; wherein the second CQI table comprises 6 entries in which the modulation schemes are QPSK, the 6 entries are associated with CQI indices 1 to 6, respectively, and entries associated with CQI indices 3, 4, 5, and 6 in the second CQI table are entries in which code rates are highest in the 6 entries; wherein a combination formed by the multiple entries in which the modulation schemes are QPSK in the first CQI table, is neither a combination of the entries associated with CQI indices 4, 5 and 6 in the second CQI table, nor a combination of the entries associated with CQI indices 3, 4, 5 and 6 in the second CQI table; and wherein modulation schemes in entries in the second CQI table comprise only QPSK, 16QAM, and 64QAM, and a value range of a CQI index in the first CQI table is the same as a value range of a CQI index in the second CQI table; the first MCS table comprises: entries in which modulation schemes are higher than 64QAM; and multiple entries in a second MCS table and in which modulation schemes are QPSK; and multiple entries that is in the second MCS table and in which modulation schemes are 16QAM; wherein the multiple entries in which the modulation schemed are QPSK are not K entries that are in the second MCS table and in which modulation schemes are QPSK, corresponding MCS indexes are continuous and highest ones, and corresponding code rates are highest ones, wherein K is a positive integer; wherein modulation schemes in the second MCS table comprise only QPSK, 16QAM, and 64QAM, and a value range of an MCS index in the first MCS table is the same as a value range of an MCS index in the second MCS table; wherein the entry in the first MCS table refers to one modulation scheme and one TBS index that is associated with each MCS index in the first MCS table, and the entry in the second MCS table refers to one modulation scheme and one TBS index that is associated with each MCS index in the second MCS table.
Conclusion
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/DADY CHERY/Primary Examiner, Art Unit 2461
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