DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 15/003,419, filed on 02/16/2016.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Specification
The title of the invention is not descriptive. The title recites, “Signal Generation Method and Signal Generation Device”. The title of invention is “technically inaccurate and non-descriptive”. [See 37 CFR 1.72(a) and MPEP § 606]. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: “Signal Generation Method and Signal Generation Device for receiving data from a first base station and a second base station in different frequency bands” or equivalent thereof.
Specification
The disclosure is objected to because of the following informalities: the instant specification has identified an US Patent application No. 18/371,569 as a parent application, but however, the US Patent application No. 18/371,569 is currently an US Patent. Thus, for a purpose of clarification, it is suggested to amend the instant specification to update the status of the parent application.
Appropriate correction is required.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,166,545 B2 in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, U.S. Patent No. 12,166,545 B2 claims a mobile terminal (claim 1) comprising:
a wireless communication circuit configured to receive (wireless communication circuit to receive, claim 1), first data from a first base station (receive third data from a first base station, claim 1) in a first frequency band (in a third frequency band, claim 1) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, claim 1) with phase changing (with phase changing, claim 1) or configured to receive, via the antenna, second data from a second base station (receive fourth data from a second base station, claim 1) in a second frequency band (in a fourth frequency band, claim 1) according to the MIMO scheme (according to MIMO, claim 1) without phase changing (see claim 1), the first data being different from the second data (see claim 1), the first frequency band being different from the second frequency band (see claim 1).
However, U.S. Patent No. 12,166,545 B2 does not explicitly claim the “antennas”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the claims of the mobile terminal as claimed by U.S. Patent No. 12,166,545 B2, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 10,644,768 B2 in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, U.S. Patent No. 10,644,768 B2 claims a mobile terminal (a reception data generation apparatus, claim 4) comprising:
a wireless communication circuit configured to receive (control circuitry, claim 4), first data from a first base station (receive first signal from a first transmitter, claim 4) in a first frequency band (in a first frequency band, claim 4) with phase changing (with phase changing, claim 4) or configured to receive, via the antenna, second data from a second base station (receive second signal from a second transmitter, claim 4) in a second frequency band (in a frequency band, claim 4).
However, U.S. Patent No. 10,644,768 B2 does not explicitly claim the “antennas” and “according to MIMO”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the claims of the mobile terminal as claimed by U.S. Patent No. 10,644,768 B2, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 10,305,556 B2 in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, U.S. Patent No. 10,305,556 B2 claims a mobile terminal (a reception data generation apparatus, claim 4) comprising:
a wireless communication circuit configured to receive (control circuitry, claim 4), first data from a first base station (receive first signal from a first transmitter, claim 4) in a first frequency band (in a first frequency band, claim 4) with phase changing (with phase changing, claim 4) or configured to receive, via the antenna, second data from a second base station (receive second signal from a second transmitter, claim 4) in a second frequency band (in a frequency band, claim 4).
However, U.S. Patent No. 10,305,556 B2 does not explicitly claim the “antennas” and “according to MIMO”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the claims of the mobile terminal as claimed by U.S. Patent No. 10,305,556 B2, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 10,038,483 B2 in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, U.S. Patent No. 10,038,483 B2 claims a mobile terminal (a reception data generation apparatus, claim 4) comprising:
a wireless communication circuit configured to receive (control circuitry, claim 4), first data from a first base station (receive first signal from a first transmitter, claim 4) in a first frequency band (in a first frequency band, claim 4) with phase changing (with phase changing, claim 4) or configured to receive, via the antenna, second data from a second base station (receive second signal from a second transmitter, claim 4) in a second frequency band (in a frequency band, claim 4).
However, U.S. Patent No. 10,038,483 B2 does not explicitly claim the “antennas” and “according to MIMO”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the claims of the mobile terminal as claimed by U.S. Patent No. 10,038,483 B2, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 9,882,618 B2 in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, U.S. Patent No. 9,882,618 B2 claims a mobile terminal (a reception data generation apparatus, claim 4) comprising:
a wireless communication circuit configured to receive (control circuitry, claim 4), first data from a first base station (receive first signal from a first transmitter, claim 4) in a first frequency band (in a first frequency band, claim 4) with phase changing (with phase changing, claim 4) or configured to receive, via the antenna, second data from a second base station (receive second signal from a second transmitter, claim 4) in a second frequency band (in a frequency band, claim 4).
However, U.S. Patent No. 9,882,618 B2 does not explicitly claim the “antennas” and “according to MIMO”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the claims of the mobile terminal as claimed by U.S. Patent No. 9,882,618 B2, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 9,461,725 B2 in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, U.S. Patent No. 9,461,725 B2 claims a mobile terminal (a reception data generation apparatus, claim 4) comprising:
a wireless communication circuit configured to receive (control circuitry, claim 4), first data from a first base station (receive first signal from a first transmitter, claim 4) in a first frequency band (in a first frequency band, claim 4) with phase changing (with phase changing, claim 4) or configured to receive, via the antenna, second data from a second base station (receive second signal from a second transmitter, claim 4) in a second frequency band (in a frequency band, claim 4).
However, U.S. Patent No. 9,461,725 B2 does not explicitly claim the “antennas” and “according to MIMO”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the claims of the mobile terminal as claimed by U.S. Patent No. 9,461,725 B2, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 9,281,883 B2 in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, U.S. Patent No. 9,281,883 B2 claims a mobile terminal (a reception data generation apparatus, claim 10) comprising:
a wireless communication circuit configured to receive (control circuitry, claim 10), first data from a first base station (receive first signal from a first transmitter, claim 10) in a first frequency band (in a first frequency band, claim 10) with phase changing (with phase changing, claim 10) or configured to receive, via the antenna, second data from a second base station (receive second signal from a second transmitter, claim 10) in a second frequency band (in a frequency band, claim 10).
However, U.S. Patent No. 9,281,883 B2 does not explicitly claim the “antennas” and “according to MIMO”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the claims of the mobile terminal as claimed by U.S. Patent No. 9,281,883 B2, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 9,236,923 B2 in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, U.S. Patent No. 9, 236,923 B2 claims a mobile terminal (a reception data generation apparatus, claim 4) comprising:
a wireless communication circuit configured to receive (control circuitry, claim 4), first data from a first base station (receive first signal from a first transmitter, claim 4) in a first frequency band (in a first frequency band, claim 4) with phase changing (with phase changing, claim 4) or configured to receive, via the antenna, second data from a second base station (receive second signal from a second transmitter, claim 4) in a second frequency band (in a frequency band, claim 4).
However, U.S. Patent No. 9,236,923 B2 does not explicitly claim the “antennas” and “according to MIMO”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the claims of the mobile terminal as claimed by U.S. Patent No. 9,236,923 B2, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 8,989,137 B2 in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, U.S. Patent No. 8,989,137 B2 claims a mobile terminal (a reception data generation apparatus, claim 4) comprising:
a wireless communication circuit configured to receive (acquiring unit, claim 4), first data from a first base station (receive first signal from a first antenna, claim 4) in a first frequency band (in a frequency band, claim 4) with phase changing (with phase changing, claim 4) or configured to receive, via the antenna, second data from a second base station (receive second signal from a second antenna, claim 4) in a second frequency band (in a frequency band, claim 4).
However, U.S. Patent No. 8,989,137 B2 does not explicitly claim the “antennas” and “according to MIMO”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the claims of the mobile terminal as claimed by U.S. Patent No. 8,989,137 B2, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claim 1 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 2012/0099730 A1 to Nakamura et al. (hereafter refers as Nakamura) in view of US 2008/0176568 A1 to Palanki et al. (hereafter refers as Palanki).
Regarding claim 1, Nakamura teaches a mobile terminal (a terminal 200, Fig. 5, 10-11) comprising:
antenna (the terminal 200 includes antenna, Fig. 5 and paragraph [78]); and
a wireless communication circuit configured to receive, via the antenna (wireless communication circuit to receive via the antenna, Fig. 5 and paragraphs [78-80, 94]), first data from a first base station (receive first data 1 from a master base station, Fig. 11 and paragraphs [143-145]) in a first frequency band (in a particular frequency band, paragraphs [64, 138, 144, 213]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraph [4]) with phase changing (with phase changing scheme, paragraphs [60, 74, 118]) or configured to receive, via the antenna, second data from a second base station (receive second data 2 from a slave base station, Fig. 11 and paragraphs [143-145, 172]) in a second frequency band (in a particular frequency band, paragraphs [64, 138, 144, 213]) according to the MIMO scheme (according to MIMO, paragraph [4]), the first data being different from the second data (wherein the first data is different from the second data, paragraphs [50, 145]).
However, Nakamura does not explicitly teach the “antennas”.
Palanki teaches a mobile terminal (a mobile device, Fig. 3) comprising:
antennas (the mobile device includes antennas, Fig. 8 and paragraphs [63, 68-71]); and
a wireless communication circuit configured to receive, via the antennas (wireless communication circuit to receive via the antennas, Fig. 8 and paragraphs [68-72]), first data from a first base station (receive first data from a base station 1, Fig. 3 and paragraphs [47-49]) in a first frequency band (in a first frequency band, paragraphs [49-50]) according to MIMO (Multi-Input and Multi-Output) scheme (according to MIMO, paragraphs [66-67, 69] and Fig. 8) or configured to receive, via the antennas, second data from a second base station (or to receive, via the antennas, second data from a base station 2, Fig. 3 and paragraphs [47-49]) in a second frequency band (in a second frequency band, paragraphs [49-50]) according to the MIMO scheme (according to paragraphs [66-67, 69] and Fig. 8), the first frequency band being different from the second frequency band (wherein the base station 1 and 2 use different frequency band to communicate with mobile device, paragraphs [49-53] and Fig. 3).
Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the claimed invention to incorporate the teachings of the mobile terminal comprising antennas as taught by Palanki, with the teachings of the mobile terminal as taught by Nakamura, for purpose of increase efficiency in communication by using multiple antennas, thus provide separation between communication and increase multiplexing gain across multiple antennas (see Palanki, paragraphs [66, 67, 69]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2010/0291918 A1 discloses a reception device switches between two different transmission and reception modes, i.e. a first transmission and reception mode is when the same data is transmitted from a plurality of antennas and a second transmission and reception mode is when the different data from a plurality of antennas (see paragraphs [75-78, 92-93]).
US 2012/0282966 A1 discloses when in a join processing mode, a UE receives a same data from two different base stations, on a same frequency band (abstract and paragraphs [27-32]).
US 2010/0061477 A1 discloses transmitting data using phase-shift-based precoding a multiple antenna system (see abstract and paragraphs [11-12]).
US 2011/0255501 A1 discloses receiving a first signal from a first base station without phase change and receiving a second signal, having a phase change from the first signal, from a second base station (abstract and Fi. 6).
US 2012/0140689 A1 discloses coordinating discontinuous reception operation between a primary serving cell and a secondary serving cell (paragraph [7]), wherein a WTRU includes multiple antennas for MIMO communication (paragraphs [54, 74]) and the WTRU receives data from two cells on different bands (See paragraph [139]).
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/DUNG B HUYNH/ Primary Examiner, Art Unit 2469 June 23, 2026
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