DETAILED ACTION
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement submitted on 11/18/2024 has been considered and made of record by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1 and 7 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 4 and 11 of prior U.S. Patent No. 10,951,294. This is a statutory double patenting rejection.
Instant Application
10,951,294
A reception apparatus comprising: a receiver, which, in operation, receives a first precoded signal and a second precoded signal; and a signal processor, which, in operation, performs a decoding and demodulation process on the first precoded signal and the second precoded signal to: generate one layer of signal for the reception apparatus and perform demodulation by using π/2 shift Binary Phase Shift Keying (BPSK) with an amount of phase change switched symbol by symbol on the one layer of signal in case only one of the first precoded signal or the second precoded signal has its phase changed through precoding by a communication partner apparatus, and generate two layers of signals for the reception apparatus and perform demodulation without phase change on the two layers of signals in case both of the first precoded signal and the second precoded signal have their phase changed through precoding by the communication partner apparatus.
7. A reception method comprising: receiving a first precoded signal and a second precoded signal; performing a decoding and demodulation process on the first precoded signal and the second precoded signal; generating one layer of signal for the reception apparatus and performing demodulation by using π/2 shift Binary Phase Shift Keying (BPSK) with an amount of phase change switched symbol by symbol on the one layer of signal in case only one of the first precoded signal or the second precoded signal has its phase changed through precoding by a communication partner apparatus; and generating two layers of signals for the reception apparatus and performing demodulation without phase change on the two layers of signals in case both of the first precoded signal and the second precoded signal have their phase changed through precoding by the communication partner apparatus.
1. A reception apparatus comprising: a receiver, which, in operation, receives a first precoded signal and a second precoded signal; and a signal processor, which, in operation, performs a decoding and demodulation process on the first precoded signal and the second precoded signal, wherein in response to only one of the first precoded signal and the second precoded signal having its phase changed through precoding by a communication partner apparatus, the decoding and demodulation process generates one layer of signal for the reception apparatus and performs demodulation with phase change on the one layer of signal, and in response to both of the first precoded signal and the second precoded signal having their phase changed through precoding by the communication partner apparatus, the decoding and demodulation process generates two layers of signals for the reception apparatus and performs demodulation without phase change on the two layers of signals.
4. The reception apparatus according to claim 1, wherein, in response to only one of the first precoded signal and the second precoded signal having its phase changed through precoding by the communication partner apparatus, the decoding and demodulation process performs the demodulation with phase change, which corresponds to π/2 shift Binary Phase Shift Keying (BPSK), wherein an amount of the phase change is switched symbol by symbol.
8. A reception method comprising: receiving a first precoded signal and a second precoded signal; and performing a decoding and demodulation process on the first precoded signal and the second precoded signal, wherein in response to only one of the first precoded signal and the second precoded signal having its phase changed through precoding by a communication partner apparatus, the decoding and demodulation process generates one layer of signal for the reception apparatus and performs demodulation with phase change on the one layer of signal, and in response to both of the first precoded signal and the second precoded signal having their phase changed through precoding by the communication partner apparatus, the decoding and demodulation process generates two layers of signals for the reception apparatus and performs demodulation without phase change on the two layers of signals.
11. The reception method according to claim 8, wherein, in response to only one of the first precoded signal and the second precoded signal having its phase changed through precoding by the communication partner apparatus, the decoding and demodulation process performs the demodulation with phase change, which corresponds to π/2 shift Binary Phase Shift Keying (BPSK), wherein an amount of the phase change is switched symbol by symbol.
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.
Claims 2, 3, 5, 6, 8, 9, 11, and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 4 and 11 of prior U.S. Patent No. 10,951,294 in view of Murakami et al. (hereinafter, referred to as Murakami) (WO 2014087674 (see the IDS), with the publication date of 12/06/2014, US 2015/0295625 (see the IDS) is used as the translation of the PCT application).
As to claims 2 and 8 of the instant application, claims 4 and 11 of prior U.S. Patent No. 10,951,294 disclose all the subject matters claimed in claims 2 and 8, except that in case both of the first precoded signal and the second precoded signal have their phase changed through precoding by the communication partner apparatus, an amount of the phase change is selected from a plurality of candidate amounts by the communication partner apparatus. Murakami, in the same field of endeavor, discloses a communication system for generating a first precoded signal and a second precoded signal (see Fig. 26, signals 309A and 309B, and paragraph 0376). Murakami further discloses that in case both of the first precoded signal and the second precoded signal have their phase changed through precoding by the communication partner apparatus (see Fig. 26, phase changers 317A and 317B), an amount of the phase change is selected from a plurality of candidate amounts by the communication partner apparatus (see the phase changing formulas shown in Fig. 26 and paragraph 0473). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 4 and 11 of prior U.S. Patent No. 10,951,294, as suggested by Murakami, in order to optimize the performance of the communication system and reduce the interference.
As to claims 3, 5, 9, and 11, of the instant application, claims 4 and 11 of prior U.S. Patent No. 10,951,294 disclose all the subject matters claimed in claims 3, 5, 9, and 11 of the instant application, except that the first precoded signal and the second precoded signal are transmitted from the communication partner apparatus using a first orthogonal frequency-division multiplexing (OFDM) transmission mode. Murakami, in the same field of endeavor, discloses a communication system for generating a first precoded signal and a second precoded signal (see Fig. 26, signals 309A and 309B, and paragraph 0376). Murakami further discloses that the first precoded signal and the second precoded signal are transmitted from the communication partner apparatus using at least one of a first orthogonal frequency-division multiplexing (OFDM) transmission mode (see Fig. 70 and paragraphs 0103, 0521, and 0682). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 4 and 11 of prior U.S. Patent No. 10,951,294, as suggested by Murakami, in order to optimize the performance of the communication system and increase spectral efficiency.
As to claims 6 and 12, of the instant application, claims 4 and 11 of prior U.S. Patent No. 10,951,294 disclose all the subject matters claimed in claims 6 and 12 except that the receiver includes a plurality of antenna ports, and each of the plurality of antenna ports receives one of the first precoded signal or the second precoded signal. Murakami, in the same field of endeavor, discloses a communication system for generating a first precoded signal and a second precoded signal (see Fig. 26, signals 309A and 309B, and paragraph 0376). Murakami further discloses that the receiver includes a plurality of antenna ports, and each of the plurality of antenna ports receives one of the first precoded signal or the second precoded signal (see Fig. 23, the receive antennas shown, they receive the two signals generated by precoder shown in Fig. 23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 4 and 11 of prior U.S. Patent No. 10,951,294, as suggested by Murakami, in order to increase the processing speed and efficiency of the communication device.
Claims 1 and 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 11,811,479. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 4 of U.S. Patent No. 11,811,479 discloses all the subject matters claimed in claims 1 and 7 of the instant application.
Instant Application
11,811,479
1. A reception apparatus comprising: a receiver, which, in operation, receives a first precoded signal and a second precoded signal; and a signal processor, which, in operation, performs a decoding and demodulation process on the first precoded signal and the second precoded signal to: generate one layer of signal for the reception apparatus and perform demodulation by using π/2 shift Binary Phase Shift Keying (BPSK) with an amount of phase change switched symbol by symbol on the one layer of signal in case only one of the first precoded signal or the second precoded signal has its phase changed through precoding by a communication partner apparatus, and generate two layers of signals for the reception apparatus and perform demodulation without phase change on the two layers of signals in case both of the first precoded signal and the second precoded signal have their phase changed through precoding by the communication partner apparatus.
7. A reception method comprising: receiving a first precoded signal and a second precoded signal; performing a decoding and demodulation process on the first precoded signal and the second precoded signal; generating one layer of signal for the reception apparatus and performing demodulation by using π/2 shift Binary Phase Shift Keying (BPSK) with an amount of phase change switched symbol by symbol on the one layer of signal in case only one of the first precoded signal or the second precoded signal has its phase changed through precoding by a communication partner apparatus; and generating two layers of signals for the reception apparatus and performing demodulation without phase change on the two layers of signals in case both of the first precoded signal and the second precoded signal have their phase changed through precoding by the communication partner apparatus.
1. An integrated circuit comprising: at least one input which, in operation, receives an input; and control circuity, which is coupled to the at least one input and which, in operation, controls: receiving a first precoded signal and a second precoded signal; and performing a decoding and demodulation process on the first precoded signal and the second precoded signal, wherein in response to only one of the first precoded signal and the second precoded signal having its phase changed through precoding by a communication partner apparatus, the decoding and demodulation process generates one layer of signal and performs demodulation with phase change on the one layer of signal, and in response to both of the first precoded signal and the second precoded signal having their phase changed through precoding by the communication partner apparatus, the decoding and demodulation process generates two layers of signals and performs demodulation without phase change on the two layers of signals.
4. The integrated circuit according to claim 1, wherein, in response to only one of the first precoded signal and the second precoded signal having its phase changed through precoding by the communication partner apparatus, the decoding and demodulation process performs the demodulation with a phase change, which corresponds to π/2 shift Binary Phase Shift Keying (BPSK), wherein an amount of the phase change is switched symbol by symbol.
Claims 2, 3, 5, 6, 8, 9, 11, and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. 11,811,479 in view of Murakami.
As to claims 2 and 8 of the instant application, claim 4 of U.S. Patent No. 11,811,479 discloses all the subject matters claimed in claims 2 and 8, except that in case both of the first precoded signal and the second precoded signal have their phase changed through precoding by the communication partner apparatus, an amount of the phase change is selected from a plurality of candidate amounts by the communication partner apparatus. Murakami, in the same field of endeavor, discloses a communication system for generating a first precoded signal and a second precoded signal (see Fig. 26, signals 309A and 309B, and paragraph 0376). Murakami further discloses that in case both of the first precoded signal and the second precoded signal have their phase changed through precoding by the communication partner apparatus (see Fig. 26, phase changers 317A and 317B), an amount of the phase change is selected from a plurality of candidate amounts by the communication partner apparatus (see the phase changing formulas shown in Fig. 26 and paragraph 0473). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 4 of U.S. Patent No. 11,811,479, as suggested by Murakami, in order to optimize the performance of the communication system and reduce the interference.
As to claims 3, 5, 9, and 11, of the instant application, claim 4 of U.S. Patent No. 11,811,479 discloses all the subject matters claimed in claims 3, 5, 9, and 11 of the instant application, except that the first precoded signal and the second precoded signal are transmitted from the communication partner apparatus using a first orthogonal frequency-division multiplexing (OFDM) transmission mode. Murakami, in the same field of endeavor, discloses a communication system for generating a first precoded signal and a second precoded signal (see Fig. 26, signals 309A and 309B, and paragraph 0376). Murakami further discloses that the first precoded signal and the second precoded signal are transmitted from the communication partner apparatus using at least one of a first orthogonal frequency-division multiplexing (OFDM) transmission mode (see Fig. 70 and paragraphs 0103, 0521, and 0682). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 4 of U.S. Patent No. 11,811,479, as suggested by Murakami, in order to optimize the performance of the communication system and increase spectral efficiency.
As to claims 6 and 12, of the instant application, claim 4 of U.S. Patent No. 11,811,479 discloses all the subject matters claimed in claims 6 and 12 except that the receiver includes a plurality of antenna ports, and each of the plurality of antenna ports receives one of the first precoded signal or the second precoded signal. Murakami, in the same field of endeavor, discloses a communication system for generating a first precoded signal and a second precoded signal (see Fig. 26, signals 309A and 309B, and paragraph 0376). Murakami further discloses that the receiver includes a plurality of antenna ports, and each of the plurality of antenna ports receives one of the first precoded signal or the second precoded signal (see Fig. 23, the receive antennas shown, they receive the two signals generated by precoder shown in Fig. 23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claim 4 of U.S. Patent No. 11,811,479, as suggested by Murakami, in order to increase the processing speed and efficiency of the communication device.
Allowable Subject Matter
Claims 4 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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LEILA . MALEK
Examiner
Art Unit 2632
/LEILA MALEK/Primary Examiner, Art Unit 2632