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 .
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.
Claims 26-32 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 15-21 of U.S. Patent No. 12,155,517. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 15-21 of U.S. 12,155,517 respectively claim the subject matter claimed by instant claims 26-32.
Claim Objections
Claims 33-45 are objected to because of the following informalities:
Claim 33, line 4 the recited “processor apparatus” should be “a processor apparatus”.
Claim 33, line 5 the recited “interface apparatus” should be “an interface apparatus”.
Dependent claims 34-39 are objected to since they depend on objected claim 33.
Claim 40, line 1 the “Computer readable apparatus” should be “A computer readable apparatus”.
Dependent claims 41-45 are objected to since the depend on objected claim 40.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 26-32, 35, 37-38, 40-45 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 26, lines 7-8 recite "sufficient to enable a receiver to discriminate the
spatially diverse data signals;". The term "sufficient" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree of “sufficient”, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the scope of claim 26 is unclear.
Dependent claims 27-32 are also rejected since they depend on rejected claim 26.
Claim 35 recites "sufficiently distinct so as to enable the receiver apparatus to identify, discriminate, and other otherwise process desired spatial components”. The term "sufficiently" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree of “sufficiently”, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the scope of claim 35 is unclear.
Claim 37, recites “wherein the respective determined channel components are configured to reduce linear and/or non-linear transmission medium artifacts without the use of specific compensation circuitry to reduce a negative impact of existing compensation circuitry.” Emphasis added.
It is unclear how the claimed “without the use of specific compensation circuitry to reduce a negative impact of existing compensation circuitry” limits the computerized node apparatus to a particular structure.
It is unclear if the “specific compensation circuitry” is part of the computerized node apparatus or part of the receiver apparatus (preamble of claim 33), the receiver apparatus is not part of the computerized node apparatus.
Under a broadest reasonable interpretation of the claimed “without the use of specific compensation circuitry”, prior art that is silent regarding the use of specific compensation circuitry would meet the claimed “without the use of specific compensation circuitry”.
It is also unclear if the “existing compensation circuitry” is part of the computerized node apparatus or part of the receiver apparatus (preamble of claim 33), the receiver apparatus is not part of the computerized node apparatus. Does the “existing compensation circuitry” refer to a type of compensation circuitry used in the prior art?
As claimed in claim 33, upon which claim 37 depends, tthe computerized node apparatus performs operations related to transmit signal processing. It is not clear on which signal or signals the “specific compensation circuitry” or the “existing compensation circuitry” function on.
It is also unclear if Applicant intends to claim that the respective determined channel components are the ones that reduce a negative impact of existing compensation circuitry or the specific compensation circuitry not being used reduces the negative impact of existing compensation circuitry.
Dependent claim 38 is rejected since it depends on rejected claim 37.
Claim 40 recites "sufficient to enable a receiver to discriminate the
spatially diverse data signals;” (lines 9-10).
The term "sufficient" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree of “sufficient”, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the scope of claim 40 is unclear.
Dependent claims 41-45 are also rejected since they depend on rejected claim 40.
Additionally, claim 41, line 3 the “the communications medium” lacks antecedent basis in the claim.
Claim 41, lines 2-3 recites “an extant tilt processing circuitry known to be used with respect to a network comprising the communications medium”. It is unclear if the “known to be used with respect to a network…” requires the “extant tilt processing circuitry” to be found by prior art. It is unclear if the extant tilt processing circuitry is actually used.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 33, 35, 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shattil (U.S. 2003/0147655).
With respect to claim 33, Shattil discloses:
processor apparatus (refer to at least [0221]-[0223] as related to the transmitter of Fig. 4A (whose description begins at [0100]). Refer to the disclosed processor of [0221, approximate middle of [0222]); interface apparatus in data communication with the processor apparatus (Fig. 4A, refer to the output coupler 424, [0113] in communication with the processor apparatus (implements the functions of the transmitter of Fig. 4A up to the output coupler)) and configured to transmit radio frequency (RF) waveforms onto a transmission medium of the network (as described in [0100] carriers are generated at the output of 414n, [0112] combined (and processed by 416n and 418n) carriers are upconverted “to appropriate transmit frequencies” interpreted to correspond to the claimed RF waveforms); and computerized logic (instructions or software executed by the processor apparatus, [0222] and approximate middle of [0223]) in data communication with the processor apparatus and ([0222 and approximate middle of [0223]] the processor apparatus configured to, when executed, cause the computerized node apparatus (cause the transmitter of Fig. 4A) to: for each of a plurality of spatially diverse data signals (the signals out of 414n are spatially diverse due to the singals propagating through diverse signal paths (prior to being summed)) to be transmitted via a frequency channel of the transmission medium (the transmission medium (communications channel of [0113]) to which the CI transmit signals are coupled), determine a respective channel component to be imparted thereto (the applied values of incremental phase offsets applied by 416n) are determined e.g. refer to [0107] and the last two sentences of [0108] describing delay (i.e. phase) system 416n being an algorithm providing the phase shifts, and/or the gain weights applied by 418n are determined as described in at least [0111], also refer to related [0110]-[0112]), the respective channel components each comprising at least one of: a phase shift ([0107]-[0108], a time delay (the phase shift of [0107]-[0108] is referred to as (time) interval delay), or an amplitude change ([0111]); cause each spatially diverse data signal to exhibit its respective determined channel component (function of 416n and/or 418n) ; combine the plurality of spatially diverse data signals (refer to combining system 420 [0112]) to provide a common carrier signal including the plurality of spatially diverse data signals (the combined transmit (CI carriers [0112]) signals out of 420 correspond to the claimed common carrier signal including the plurality of spatially diverse data signals); and conduct one of a shift or translation of the combined spatially diverse data signals to an appropriate frequency channel for transmission on the transmission medium ([0112] refer to 422 of Fig. 4A).
With respect to claim 35, as best understood, Shattil discloses: wherein the respective determined channel components ([0110]-[0111]) cause the plurality of spatially diverse data signals combined within a common carrier signal to have respective channel characteristics sufficiently distinct (refer to at least the disclosed “predistorted in the transmitter in such a manner that compensates for fading and/or intersymbol intereference of the channel upon transmission” of [0110], also refer to lines 6-end of [0012] “…controls interference relationships between the carriers…”) so as to enable the receiver apparatus (receiver which receives the output of the transmitter of Fig. 4A , lines 1-4 of [0107]) to identify, discriminate, and otherwise process desired spatial components (implicit function of the CI receiver and the predistortion described in at least [0110] is understood to enable the CI receiver to perform the claimed identify, discriminate, and other process desired spatial components, the predistortion compensating for fading and/or intersymbol interference of the channel. At least Fig. 13D shows an embodiment of a CI receiver, [0193]-[0194]).
With respect to claim 37, as best understood, Shattil discloses: wherein the respective determined channel components (refer to the gains determined and applied by 418n, [0109]-[0111]) are configured to reduce linear and/or non-linear transmission medium artifacts (refer to the flat fading (in the frequency domain) [0110]. Flat fading is known in the art to have a constant gain and linear phase response) without the use of specific compensation circuitry (at the transmitter side (Fig. 4A) the amplitude control system 418n is used and it is interpreted as not corresponding to the claimed “specific compensation circuit” at the receiver side e.g. Fig. 13D [0194] and equalization by the combiners is optional (not used), [0180]-[0181]) to reduce a negative impact of existing compensation circuitry (for example the CI receiver side includes 1302 (with filtering performed [0179]) and Fig. 13D, where the filtering corresponds to the claimed “existing compensation circuitry”, filtering corresponds to compensation). Without the predistortion at the transmission side [0110]-[0111], the existing compensation circuitry (filtering in 1302) would function on the transmitted signal affected by fading, but with the predistortion “reduces a negative impact” of the filtering, as the fading is compensated by the predistortion).
10. Claims 26-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Campos et al. (U.S. 2021/0050906).
With respect to claim 26, Campos et al. disclose:
for each of a plurality of spatially diverse data signals to be transmitted via a frequency
channel of the transmission medium (Fig. 4A, for example signals Tx1 and Tx2 correspond to the claimed spatially diverse data signals are to be transmitted via a frequency channel F1’ of 40 over a transmission medium (air) shown in Fig. 4B, left side. Fig. 4a, b described in detail in [0042]-[0045] and refer to [0033] describing the codeword multiplexing 52 of Fig. 4a in particular the least sentence),
determining a respective channel component to be imparted thereto (refer to the determination of F1’, lines 1-15 of [0045], determination of phase shift applied by modulation mapping devices 62, 64 to generate respective QPSK symbols for Tx2, Tx2, lines 13-15 of [0053], QPSK disclosed, lines 1-8 of [0034] and determination of the delay introduced by 116 for spatial multiplexing [0044]),
the respective channel components comprising a respective phase
shift (phase shift used in the QPSK symbol generation of the symbol transmitted over the channel) and a respective time delay applied by 116, described in the approximate second half of [0044]), the imparted
channel components being configured to cause each spatially diverse data signal to
exhibit channel components sufficient to enable a receiver to discriminate the spatially
diverse data signals (Fig. 4B, it is understood that the design of the imparted channel
components (phase shift, time delay, F1’) enable a receiver (24 of Fig. 4B) to
discriminate the spatially diverse data signals; (e.g. refer to the approximate second half
of [0044], lines 15-16, 19-25 of [0045], lines 13-15 of [0053] the phase shift (introduced
by QPSK) ensures robustness in the wireless environment (110))
causing each spatially diverse data signal to have imparted thereto its respective
channel component (explained above);
combining the spatially diverse data signals (Fig. 4a, function of RF combiner 92 in
order to generate h11, h22, refer to lines 1-8 of [0040], lines 1-7 of [0044]); and shifting
the combined spatially diverse data signals to the frequency channel of the transmission
medium for transmission therethrough (Fig. 4A, function of blocks 128, 130 which
generate outputs A and B, [0045]).
With respect to claim 27, Campos et al. disclose:
wherein causing each spatially diverse data signal to have imparted thereto its
respective channel component comprises carrier frequency processing of each of the
spatially diverse data signals (refer to the carrier frequency processing of each of the spatially diverse data signals takes place in signal converters 128, 130).
With respect to claim 28, Campos et al. disclose:
wherein causing each spatially diverse data signal to have imparted thereto its
respective channel component comprises baseband frequency processing of each of
the spatially diverse data signals (Fig. 4A e,g. within Modulation mapping 62, 64 and/or within 116 which applies respective delays, lines 1-10 of [0042] and lines 19-20 of [0031]).
Claim Rejections - 35 USC § 103
11. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
12. Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Shattil (U.S. 2003/0147655) in view of Shattil (U.S. 7,076,168).
With respect to claim 34, Shattil does not disclose: wherein the transmission medium comprises a wireline or optima medium of a hybrid fiber coax (HFC) network.
In the same field of endeavor Shattil (7,076,168) disclose: a transmission medium comprises a wireline or optical medium of a hybrid fiber coax (HFC) network (Fig. 1, refer to the communication channel 99 and column 11, lines 9-29, 93-45 disclosing that the transmission medium is a twisted pair or coax (either corresponds to the claimed wireline). Also refer to Fig. 3F which also shows a communication channel 99).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shattil et al. to use a coax cable (as taught by Shattil (7,076,168)) as the transmission medium between the CI transmitter and the CI receiver as a matter of using a specific and known transmission medium (wireline or coax) out of many transmission media disclosed by Shattil (7,076,168) to be suitable for communications (Shattil (7,076,168) column 11, lines 9-29, 93-45).
13. Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Shattil (U.S. 2003/0147655) in view of Luo et al. (WO 2020/143695)(machine language translation relied upon).
With respect to claim 36, Shattil disclose: wherein the plurality of spatially diverse data signals comprise a plurality of carrier signals ([0100], and lines 1-3 of [0105] the input data signal modulates N subcarriers to form the plurality of spatially diverse data signals).
Shattil does not disclose: a plurality of Fifth Generation (5G) new radio (NR) carrier signals.
In the field of wireless communications using orthogonal subcarriers, Luo et al. disclose: a plurality of Fifth Generation (5G) new radio (NR) carrier signals (translation page 7/26, last paragraph discloses that 5th generation (5G) New Radio (NR) uses orthogonal carriers (subcarriers)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Shattil to use 5G NR orthogonal carriers taught by Luo et al. as the orthogonal carriers that are modulated by the input data (Shattil [0100], lines 1-5 of [0105]) to generate the spatially diverse data signals, as a matter of using a specific type of orthogonal carriers used to combat interference (Luo et al., page 7/26, last paragraph discloses that 5th generation (5G) New Radio (NR) uses orthogonal carriers (subcarriers)).
14. Claim 38 is rejected under 35 U.S.C. 103 as being unpatentable over Shattil (U.S. 2003/0147655) in view of Koslov et al. (U.S. 7,616,706).
With respect to claim 38, as best understood, Shattil does not disclose: wherein
the specific compensation circuitry comprises tilt processing circuitry.
Implementing an equalizer in a wireless communication system, Koslov et
al. disclose: a specific compensation circuitry comprises tilt processing circuitry (Fig. 14 disclosing details of block 345 of Fig. 11 (which discloses details of the receiver 320 of Fig. 10), part of a receiver which receives a wireless signal. Fig. 14, refer to equalizer 345, column 8, lines 46-47 “attempts to remove linear distortions, such as tilts”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the equalizer of Shattil which is not used (is optional) to comprise tilt processing circuitry as taught by Koslov et al. so that it is capable (when used) to remove linear distortions on the signal path in the receiver of Shattil.
15. Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Shattil (U.S. 2003/0147655) in view of Arool Emmanuel et al. (U.S. 11,863,359).
With respect to claim 39, as best understood, Shattil discloses: wherein the at least one of the respective components comprises the amplitude change (as shown in Fig. 4A, 418n and [0110]).
Shattil does not disclose: the amplitude change comprising an increase in amplitude to impart tilt processing.
Implementing transmitter side pre-compensation of subcarriers that experiencing fading when propagating through a wireless channel, Arool Emmanuel et al. disclose: an amplitude change comprising an increase in amplitude to impart tilt processing (column 13, lines 44-56 refer for example to the compensation for frequency selecting fading (“The wireless channel has a frequency selective fading characteristic on one of the sub-channels before equalization. That is, due to multipath fading, certain data subcarriers have lower power”) increasing an amplitude of certain subcarriers (Fig. 6A, 6B) to impart “tilt” processing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the amplitude control system 418n (amplitude change) of Shattil et al. to comprise an increase in amplitude to impart tilt processing, as taught by Arool Emmanuel et al., for the subcarriers of the transmitter of Fig. 4A which undergo frequency selective fading due to multipath fading (Fig. 6A, 6B or Arool Emmanuel et al.) so that the amplitude control system 418n removes frequency selective fading (from subcarriers) in a multipath fading environment (Shattil et al. [0015], [0077]-[0079], and [0110] “...compensates fading and/or interference of the channel upon transmission and Arool Emmanuel et al.,column 13, lines 44-56).
16. Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Campos et al. (U.S. 2021/0050906).
With respect to claim 29, Campos et al. do (Fig. 4A, 4B) not disclose: determining for at least some of the respective channel components an amplitude change configured to impart a tilt processing function to the at least some spatially diverse data signals.
However, Campos et al. disclose: determining an amplitude change configured to impart a tilt processing function (lines 5-8 of [0114], tilt processing function (frequency dependent gain) applied to obtain the desired power level to drive the optical transmitter of the HFC network).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Campos et al. (Fig. 4A) based on the teachings of lines 5-8 of [0114] to perform determining for at least some (all) of the respective channel components an amplitude change configured to impart a tilt processing function to the at least some (all) spatially diverse data signals to obtain the desired power level to drive the optical transmitter of the HFC network (HFC of lines 13-14 of [0040] applied to Fig. 4a, the output of the combiner 92 is transmitted using a laser transmitter over HFC).
17. Claims 33, 35, 39-40, 42-43 are rejected under 35 U.S.C. 103 as being unpatentable over Campos et al. (U.S. 2021/0050906) in view of Malach (U.S. 2017/0019144).
With respect to claim 33, Campos et al. disclose: A node apparatus (Fig. 4A, 4B claimed node apparatus comprises signal processor 12 and remote or end station 40, also shown in Fig. 1) configured for use within a network and configured for data communication with a receiver apparatus (refer to Fig. 1, Fig. 4A, 4B, receiver apparatus 104 shown in Fig. 4B), the node apparatus comprising: processor apparatus (the signal processor 12); interface apparatus (Fig. 4A, 4B end station 40 corresponds to the claimed interface apparatus, provides an interface between the signal processor 12 and the receiver apparatus 104) in data communication with the processor apparatus and configured to transmit radio frequency (RF) waveforms onto a transmission medium of the network (at least lines 1-8 of [0029] and [0045] and in particular the approximate middle disclosing that 40 performs RF waveform transmission over medium 110 using the antenna shown in Fig. 4B, lines 1-8 of [0029], [0045]) ); and the node apparatus to:
for each of a plurality of spatially diverse data signals to be transmitted via a frequency channel of the transmission medium (Fig. 4A, for example signals Tx1 and Tx2 correspond to the claimed spatially diverse data signals are to be transmitted via a frequency channel F1’ of 40 over a transmission medium (air) shown in Fig. 4B) determine a respective channel component to be imparted thereto, the respective channel components each comprising at least one of: a phase shift, a time delay, or an amplitude change (refer to the determination of F1’, lines 1-15 of [0045], determination of phase shift applied by modulation mapping devices 62, 64 to generate respective QPSK symbols for Tx2, Tx2, lines 13-15 of [0053], QPSK disclosed, lines 1-8 of [0034] and/pr determination of the delay introduced by 116 for spatial multiplexing [0044])
cause each spatially diverse data signal to exhibit its respective determined channel component (by the function of 128 in 40, or the modulation mapping in 12 and/or delay introduced by 116); combine the plurality of spatially diverse data signals to provide a common carrier signal including the plurality of spatially diverse data signals (refer to RF combiner 92, [0040], lines 6-11 of [0042], [0045], the claimed common carrier signal corresponds to the combined single/common output of the combiner); and conduct one of a shift or translation of the combined spatially diverse data signals to an appropriate frequency channel (performed within 40, lines 1-6 of [0029], [0045] translation to F1’) for transmission on the transmission medium (110 using transmit antennas shown in Fig. 4B).
Malach et al. do not disclose: computerized node apparatus, computerized logic in data communication with the processor apparatus and configured to, when executed, cause the computerized node apparatus to:
Implementing operation/control of a distributed communication system, Malach discloses: computerized node apparatus, computerized logic in data communication with a processor apparatus and configured to, when executed, cause the computerized node apparatus to: (at least Fig. 1, where the claimed computerized node apparatus comprises the distributed antenna system 100 (excluding the shown building floors), comprising a head end unit 120 and remote antenna units (of the wifi hotspots 134, 136) and computer160, [0044], [0046]. “The distributed antenna system 100 is controlled by a computer 160 with operator input device 162…”, “…The computer may be supplied with a non-transitory memory and a computer program useful for routing the signals through the system”. The claimed processor apparatus corresponds to the headend and computer 160, the claimed computerized logic corresponds to a computer program accessed (and executed) by the processor apparatus (includes the computer 160)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Campos et al. based on the teachings of Malach (Fig. 1, [0044]-[0046]) to include a computer (e.g. 160) in the node apparatus (12 and 40) of Campos et al., so that the node apparatus is a computerized node apparatus, controlled by a computer with operator input device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Campos et al. based on the teachings of Malach to include computerized logic (computer program taught by Malach) in data communication with the processor apparatus of modified Campos et al. and configured to, when executed, cause the computerized node apparatus to: (perform the functions as claimed and disclosed by Campos et al) according to an operator input to allow operator based control of when execution of the computerized logic (computer program) by the computerized node apparatus takes place.
With respect to claim 35, as best understood, modified Campos et al. disclose: wherein the respective determined channel components cause the plurality of spatially diverse data signals combined within a common carrier signal to have respective channel characteristics sufficiently distinct so as to enable the receiver apparatus to identify, discriminate, and otherwise process desired spatial components (the design of the imparted channel components (phase shift and/or time delay,) enable the receiver (24 or 104 of Fig. 4B) e.g. refer to the approximate second half of [0044] “enhance spatial diversity…”, 13-15 of [0053] the phase shift (introduced by QPSK) ensures robustness in the wireless environment (110)).
With respect to claim 39, modified Campos et al., Malach do not disclose:
wherein the at least one of the respective channel components comprises an amplitude change, the amplitude change comprising an increase in amplitude to impart tilt processing.
However, Campos et al. disclose: an amplitude change, the amplitude change comprising (a change) in amplitude to impart tilt processing. (lines 5-8 of [0114], tilt processing function (frequency dependent gain, which changes an amplitude) applied to obtain the desired power level to drive the optical transmitter of the HFC network).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Campos et al. (Fig. 4A) based on the teachings of lines 5-8 of [0114] so that at least one of the respective channel components comprises the amplitude change, the amplitude change comprising (a change) in amplitude to impart tilt processing, to obtain the desired power level to drive the optical transmitter of the HFC network used the wired medium 34 (refer to the HFC of lines 13-14 of [0040] applied to Fig. 4a, the output of the combiner 92 is transmitted using a laser transmitter over HFC and lines 5-8 of [0114]).
Modified Campos et al., do not expressly disclose: an increase in amplitude (instead discloses an adjustment in amplitude by gain adjustment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the adjustment in amplitude (by tilt processing) corresponds to an increase or decrease in amplitude. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the amplitude change (adjustment) to be an increase in amplitude, when conditions require so (Campos lines 3-8 of [0114]) to obtain the desired power level to drive the optical transmitter of the HFC network.
With respect to claim 40, Campos et al. disclose: a node apparatus (Fig. 4A, 4B node apparatus comprising signal processor 12 and remote or end station 40, also shown in Fig. 1) performing: for each of a plurality of spatially diverse data signals to be transmitted via a frequency
channel of the transmission medium (Fig. 4A, for example signals Tx1 and Tx2 correspond to the claimed spatially diverse data signals are to be transmitted via a frequency channel F1’ of 40 over a transmission medium (air) shown in Fig. 4B, left side. Fig. 4a, b described in detail in [0042]-[0045] and refer to [0033] describing the codeword multiplexing 52 of Fig. 4a in particular the least sentence),
determining a respective channel component to be imparted thereto (refer to the determination of F1’, lines 1-15 of [0045], determination of phase shift applied by modulation mapping devices 62, 64 to generate respective QPSK symbols for Tx2, Tx2, lines 13-15 of [0053], QPSK disclosed, lines 1-8 of [0034] and determination of the delay introduced by 116 for spatial multiplexing [0044]),
the respective channel components comprising a respective phase
shift (phase shift used in the QPSK symbol generation of the symbol transmitted over the channel) and a respective time delay applied by 116, described in the approximate second half of [0044]), the imparted
channel components being configured to cause each spatially diverse data signal to
exhibit channel components sufficient to enable a receiver to discriminate the spatially
diverse data signals (Fig. 4B, it is understood that the design of the imparted channel
components (phase shift, time delay, F1’) enable a receiver (24 of Fig. 4B) to
discriminate the spatially diverse data signals; (e.g. refer to the approximate second half
of [0044], lines 15-16, 19-25 of [0045], lines 13-15 of [0053] the phase shift (introduced
by QPSK) ensures robustness in the wireless environment (110))
causing each spatially diverse data signal to have imparted thereto its respective
channel component (explained above);
combining the spatially diverse data signals (Fig. 4a, function of RF combiner 92 in
order to generate h11, h22, refer to lines 1-8 of [0040], lines 1-7 of [0044]); and shifting
the combined spatially diverse data signals to the frequency channel of the transmission
medium for transmission therethrough (Fig. 4A, function of blocks 128, 130 which
generate outputs A and B, [0045]).
Campos et al. do not disclose: Computer readable apparatus comprising a non-transitory storage medium, the non-transitory storage medium comprising at least one computer program having a plurality of instructions, configured to, when executed on a processing apparatus of a node apparatus, cause the node apparatus to:
Campos et al., at least lines 1-5 of [0207] disclose: Computer readable apparatus comprising a non-transitory storage medium (refer to the disclosed non-transitory computer readable medium and the claimed computer readable apparatus is interpreted as corresponding to the physical form of the non-transitory computer readable medium), the non-transitory storage medium comprising at least one computer program having a plurality of instructions (lines 1-5 of [0207]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Campos et al. to provide a computer readable apparatus comprising a non-transitory storage medium, the non-transitory storage medium comprising at least one computer program having a plurality of instructions that when executed by a processor facilitate the operations described in Fig. 4A-4B above, to implement the invention of Campos et al. in form of instructions stored on a known and suitable computer readable apparatus that comprises a non-transitory storage medium (to be executed by a processor).
Modified Campos et al. do not expressly disclose: when executed on a processing apparatus of a node apparatus, cause the node apparatus to:
Implementing operation/control of a distributed communication system, Malach discloses: when executed on a processing apparatus of a node apparatus, cause the node apparatus to: (at least Fig. 1, where the claimed node apparatus comprises the distributed antenna system 100 (excluding the shown building floors), comprising a head end unit 120 and remote antenna units (of the wifi hotspots 134, 136) and computer 160, [0044], [0046]. “The distributed antenna system 100 is controlled by a computer 160 with operator input device 162…”, “…The computer may be supplied with a non-transitory memory and a computer program useful for routing the signals through the system”.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Campos et al. based on the teachings of Malach (Fig. 1, [0044]-[0046]) to include a computer (e.g. 160) in the node apparatus (12 and 40) of Campos et al., so that the computer program having the plurality of instructions of Campos et al. is executed on the computer to control the operation of the node apparatus of Campos by a computer with operator input device (Malach et al. [0044]-[0046]).
Claims 42-43 are rejected based on the reasoning used to reject claims 27-28 above.
Conclusion
17. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fabio Belloni “Fading Models”, Autumn 2004, pp.1-4, S-72.333 POSTGRADUATE COURSE IN RADIO COMMUNICATIONS. Refer to page 2, section III. Flat Fading which discloses “The wireless channel is said to be flat fading if it has constant gain and linear phase response over a bandwidth which is greater than the bandwidth of the transmitted signal”.
Wang et al. (U.S. 10,270,510) refer to at least Fig. 1.
Liu et al. (U.S. 2011/0091217) refer to the apparatus of Fig. 8 which transmits MIMO signals over fiber.
Monta (U.S. 2005/0169395) refer to at least the transmitter of Fig. 2.
Contact Information
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SOPHIA VLAHOS
Examiner
Art Unit 2633
/SOPHIA VLAHOS/Primary Examiner, Art Unit 2633 04/02/2026