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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
1. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
2. Claims 1, 2, 4, 9, 11-13, 15 and 20 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Gupta et al (US 2015/0071081).
Regarding claims 1, 12 and 20, Gupta discloses a method and a user equipment comprising memory and processors (Claim 1: a method of controlling uplink power of a user equipment. Claim 11: comprising at least one processor and a memory configured to…), comprising:
obtaining, via a first beamformed wireless communication link with a first transmit receive point, first power control information for the first beamformed wireless communication link with the first transmit receive point, the first beamformed wireless communication link with the first transmit receive point being carried on a first carrier frequency (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Paragraph 0074: The antenna 1034 may include one or more antennas, for example, including beam steering bidirectional adaptive antenna arrays or other similar beam technologies.);;
performing a first power control operation for the first beamformed wireless communication link based on the first power control information (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands.);
transmitting a first transmission to the first transmit receive point via the first beamformed wireless communication link according to the first power control operation (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Claim 7: receiving one or more TPC commands from a third cell and one of the first or second cells, determining an or-of-downs transmit power based on the one or more TPC commands. Figure 7: The transmission 712 to each of the base stations originates from the same transmission. Therefore, a control signal that constrains a transmission power for a first transmission to a first base station will constrain the transmission power for a second transmission to a second base station.);
obtaining, via a second beamformed wireless communication link with a second transmit receive point, second power control information for the second beamformed wireless communication link with the second transmit receive point, the second beamformed wireless communication link with the second transmit receive point being carried on the first carrier frequency on which the first beamformed wireless communication link with the first transmit receive point is also carried (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Paragraph 0074: The antenna 1034 may include one or more antennas, for example, including beam steering bidirectional adaptive antenna arrays or other similar beam technologies. Paragraph 0066: wherein the respective downlink cells utilize the same frequency carrier. Paragraph 0067: wherein the downlink channels are in substantially the same carrier frequency.);;
performing a second power control operation for the second beamformed wireless communication link based on the second power control information, the second power control operation being independent of the first power control operation (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Claim 7: receiving one or more TPC commands from a third cell and one of the first or second cells, determining an or-of-downs transmit power based on the one or more TPC commands. Figure 7: The transmission 712 to each of the base stations originates from the same transmission. Therefore, a control signal that constrains a transmission power for a first transmission to a first base station will constrain the transmission power for a second transmission to a second base station.); and
transmitting a second transmission to the second transmit receive point via the second beamformed wireless communication link according to the second power control operation, the second transmission being concurrent with the first transmission (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Claim 7: receiving one or more TPC commands from a third cell and one of the first or second cells, determining an or-of-downs transmit power based on the one or more TPC commands. Figure 7: The transmission 712 to each of the base stations originates from the same transmission. Therefore, a control signal that constrains a transmission power for a first transmission to a first base station will constrain the transmission power for a second transmission to a second base station. Paragraph 0067: the UE 710…provides an uplink channel 712, which may be received by one or both Node Bs 702 and 704. When both Node Bs 702 and 704 receive the uplink, the second transmission, the uplink received by NodeB 704, is concurrent with the first transmission, the uplink received by NodeB 702.).
Regarding claims 2 and 13, Gupta discloses wherein: performing the first power control operation comprises controlling a first transmission power for the first transmission (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands.); and
performing the second power control operation comprises controlling a second transmission power for the second transmission (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Claim 7: receiving one or more TPC commands from a third cell and one of the first or second cells, determining an or-of-downs transmit power based on the one or more TPC commands. Figure 7: The transmission 712 to each of the base stations originates from the same transmission. Therefore, a control signal that constrains a transmission power for a first transmission to a first base station will constrain the transmission power for a second transmission to a second base station.).
Regarding claims 4 and 15, Gupta discloses wherein: the first power control operation uses a first beam; and the second power control operation uses a second beam (Gupta: Paragraph 0074: The antenna 1034 may include one or more antennas, for example, including beam steering bidirectional adaptive antenna arrays or other similar beam technologies.).
Regarding claim 9, Gupta discloses wherein: transmitting the first transmission to the first transmit receive point via the first beamformed wireless communication link comprises transmitting the first transmission via the first beamformed wireless communication link using a first antenna sub-array of the user equipment; and transmitting the second transmission to the second transmit receive point via the second beamformed wireless communication link comprises transmitting the second transmission via the second beamformed wireless communication link using a second antenna sub-array of the user equipment (figure 8. Paragraph 0068: figure 8 is a simplified diagram illustrating some of the components of the transceiver 800 for a UE. Multiple transceiver chains are shown.).
Regarding claim 11, Gupta discloses wherein the processing comprises cyclic redundancy check (CRC) processing (Paragraphs 0075 and 0087 disclose the receiver at the UE receives and checks the CRC codes to determine whether frames were successfully decoded.).
Claim Rejections - 35 USC § 103
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 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 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.
3. Claims 3, 6, 14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al (US 2015/0071081) in view of Su et al (US 2012/0014415).
Regarding claims 3 and 14, Gupta discloses the method and user equipment stated above. Gupta discloses transmitting the first and second transmissions at the power levels controlled by the transmit power control.
Gupta does not disclose the first transmission power for the first transmission and the second transmission power for the second transmission are constrained by a total maximum power limit across the first beamformed wireless communication link and the second beamformed wireless communication link.
Su discloses a transmitter beamforming steering matrix processing and storage method as stated in the abstract. Su discloses figure 8 is a block diagram of the transceiver 800. The transceiver includes beamforming power control unit 825 operable to control the transmit power of the transceiver 800. The beamforming power control unit 825 can control the in-band power transmitted on each antenna of each transmit chain to maximize the transmit power to improve performance and at the same time ensure that the transmit power is within the power limits of the power amplifier (PA) of each transmit chain. The beamforming power control unit 825 can also ensure that the total power transmitted by the transceiver 800 meets FFC criteria, e.g., that the total power transmitted does not exceed a maximum total power limit specified by the FFC. This information is disclosed in paragraph 0071. Paragraph 0079 discloses the maximum transmit power for each of the plurality of transmit chains is calculated. In one implementation, the beamforming power control unit 825 calculates the maximum transmit power for each transmit chain based on a maximum total power limit associated with the transceiver 800. In one example, the maximum total power limit can be a power limit specified by the FCC for transmitters operating in certain frequency bands. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the total maximum power limit across the transmission links for beamforming power control as taught by Su in the method, user equipment and non-transitory computer readable medium for transmit power control of Gupta. By operating within the requirements for a maximum total power limit of the FCC, the communication system will be in compliance with regulations and can avoid fines or shut downs. This can also prevent adverse conditions being present in the communication environment that could be detrimental to other operators.
Regarding claims 6 and 17, Gupta discloses the method and user equipment stated above. Gupta discloses transmitting the first and second transmissions at the power levels controlled by the transmit power control.
Gupta does not disclose the first power control signal and the second power control signal being generated based on a total maximum power limit across the first beamformed wireless communication link and the second beamformed wireless communication link.
Su discloses a transmitter beamforming steering matrix processing and storage method as stated in the abstract. Su discloses figure 8 is a block diagram of the transceiver 800. The transceiver includes beamforming power control unit 825 operable to control the transmit power of the transceiver 800. The beamforming power control unit 825 can control the in-band power transmitted on each antenna of each transmit chain to maximize the transmit power to improve performance and at the same time ensure that the transmit power is within the power limits of the power amplifier (PA) of each transmit chain. The beamforming power control unit 825 can also ensure that the total power transmitted by the transceiver 800 meets FFC criteria, e.g., that the total power transmitted does not exceed a maximum total power limit specified by the FFC. This information is disclosed in paragraph 0071. Paragraph 0079 discloses the maximum transmit power for each of the plurality of transmit chains is calculated. In one implementation, the beamforming power control unit 825 calculates the maximum transmit power for each transmit chain based on a maximum total power limit associated with the transceiver 800. In one example, the maximum total power limit can be a power limit specified by the FCC for transmitters operating in certain frequency bands. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the total maximum power limit across the transmission links for beamforming power control as taught by Su in the method, user equipment and non-transitory computer readable medium for transmit power control of Gupta. By operating within the requirements for a maximum total power limit of the FCC, the communication system will be in compliance with regulations and can avoid fines or shut downs. This can also prevent adverse conditions being present in the communication environment that could be detrimental to other operators.
4. Claims 5, 7, 10, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al (US 2015/0071081) in view of Miklos et al (US 2008/0280611).
Regarding claims 5 and 16, Gupta discloses the power control system where if any of the base stations require a power increase, the power will increase and where if all the base stations request a power decrease, the power will decrease as shown in figure 14. Gupta does not disclose the UE is able to set it’s transmit power levels differently towards the two base stations and transmitting an indication that the user equipment supports multi-link power control for a plurality of transmit receive points, wherein the indication indicates how power is controlled independently for each of the first beamformed communication link and the second beamformed communication link
Miklos discloses the communication system shown in figure 1. Miklos discloses a handover method for a mobile station and base stations. Figure 10 shows the communication between the UE and multiple base stations. Paragraph 0079 discloses during a handover transition, i.e., the period when both radio links to both the old and new NodeB are active, the UE is power controlled by both NodeBs. If the UE is able to set it’s transmit power levels differently toward the two NodeBs, it sets the power to each link individually according to received power control commands. Since the transmit power levels are set differently, the first and second power control signals will be different from one another.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of setting the transmit power levels differently according to the received power control commands and transmitting at those different power levels as taught by Miklos into the method, user equipment and non-transitory computer readable medium comprising: a memory; and a processor coupled to the memory of Gupta. By individually setting the transmit power levels to each of the base stations that are controlling the UE, more accurate power control in the system can be achieved. This will improve the efficiency of the communication system. In this combination, the first transmission constrained by the first power control signal is sent to the first transmit receive point and the second transmission constrained by the second power control signal is sent to the second transmit receive point. The combination discloses a system implementing multi-link power control. The signals transmitted to the different NodeBs at different power levels will be an indication that the UE supports multi-link power control. These signals will also be an indication of how the power control is done for each of the communication links since the signals at different power levels will show how the power levels have changed from the previous power levels.
Regarding claims 7 and 18, Gupta discloses the method and user equipment stated above, Gupta discloses generating the first power control signal to constrain a transmission power for the first transmission (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands.); and generating the second power control signal based on the second power control information configured to constrain a transmission power for the second transmission (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Claim 7: receiving one or more TPC commands from a third cell and one of the first or second cells, determining an or-of-downs transmit power based on the one or more TPC commands. Figure 7: The transmission 712 to each of the base stations originates from the same transmission. Therefore, a control signal that constrains a transmission power for a first transmission to a first base station will constrain the transmission power for a second transmission to a second base station.).
Gupta does not disclose the second power control signal is different from the first power control signal.
Miklos discloses the communication system shown in figure 1. Miklos discloses a handover method for a mobile station and base stations. Figure 10 shows the communication between the UE and multiple base stations. Paragraph 0079 discloses during a handover transition, i.e., the period when both radio links to both the old and new NodeB are active, the UE is power controlled by both NodeBs. If the UE is able to set it’s transmit power levels differently toward the two NodeBs, it sets the power to each link individually according to received power control commands. Since the transmit power levels are set differently, the first and second power control signals will be different from one another.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of setting the transmit power levels differently according to the received power control commands and transmitting at those different power levels as taught by Miklos into the method, user equipment and non-transitory computer readable medium comprising: a memory; and a processor coupled to the memory of Gupta. By individually setting the transmit power levels to each of the base stations that are controlling the UE, more accurate power control in the system can be achieved. This will improve the efficiency of the communication system. In this combination, the first transmission constrained by the first power control signal is sent to the first transmit receive point and the second transmission constrained by the second power control signal is sent to the second transmit receive point.
Regarding claim 10, Gupta discloses communicating first transport blocks via the first beamformed wireless communication link; communicating second transport blocks via the second beamformed wireless communication link (Gupta: Paragraph 0074: The antenna 1034 may include one or more antennas, for example, including beam steering bidirectional adaptive antenna arrays or other similar beam technologies.). Gupta does not disclose processing the first transport blocks independently of the second transport blocks.
Miklos discloses the communication system shown in figure 1. Miklos discloses a handover method for a mobile station and base stations. Figure 10 shows the communication between the UE and multiple base stations. Paragraph 0079 discloses during a handover transition, i.e., the period when both radio links to both the old and new NodeB are active, the UE is power controlled by both NodeBs. If the UE is able to set it’s transmit power levels differently toward the two NodeBs, it sets the power to each link individually according to received power control commands. Since the transmit power levels are set differently, the first and second power control signals will be different from one another.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of setting the transmit power levels differently according to the received power control commands and transmitting at those different power levels as taught by Miklos into the method, user equipment and non-transitory computer readable medium comprising: a memory; and a processor coupled to the memory of Gupta. By individually setting the transmit power levels to each of the base stations that are controlling the UE, more accurate power control in the system can be achieved. This will improve the efficiency of the communication system. In this combination, the first transmission constrained by the first power control signal is sent to the first transmit receive point and the second transmission constrained by the second power control signal is sent to the second transmit receive point.
5. Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Gupta et al (US 2015/0071081) in view of Miklos et al (US 2008/0280611) further in view of Su et al (US 2012/0014415).
Regarding claims 8 and 19, the combination of Gupta and Miklos discloses the method and user equipment as stated above. The combination does not disclose the first power control signal and the second power control signal being generated based on a total maximum power limit across the first beamformed wireless communication link and the second beamformed wireless communication link.
Su discloses a transmitter beamforming steering matrix processing and storage method as stated in the abstract. Su discloses figure 8 is a block diagram of the transceiver 800. The transceiver includes beamforming power control unit 825 operable to control the transmit power of the transceiver 800. The beamforming power control unit 825 can control the in-band power transmitted on each antenna of each transmit chain to maximize the transmit power to improve performance and at the same time ensure that the transmit power is within the power limits of the power amplifier (PA) of each transmit chain. The beamforming power control unit 825 can also ensure that the total power transmitted by the transceiver 800 meets FFC criteria, e.g., that the total power transmitted does not exceed a maximum total power limit specified by the FFC. This information is disclosed in paragraph 0071. Paragraph 0079 discloses the maximum transmit power for each of the plurality of transmit chains is calculated. In one implementation, the beamforming power control unit 825 calculates the maximum transmit power for each transmit chain based on a maximum total power limit associated with the transceiver 800. In one example, the maximum total power limit can be a power limit specified by the FCC for transmitters operating in certain frequency bands. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the total maximum power limit across the transmission links for beamforming power control as taught by Su in the method, user equipment and non-transitory computer readable medium for transmit power control of the combination of Gupta and Milkos. By operating within the requirements for a maximum total power limit of the FCC, the communication system will be in compliance with regulations and can avoid fines or shut downs. This can also prevent adverse conditions being present in the communication environment that could be detrimental to other operators.
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.
6. Claims 1, 2, 4, 9, 12, 13, 15 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 10,581,722 in view of Ramkumar et al (US 2015/0131461). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the reference disclose the limitations recited in the instant claims as well as additional description of the obtaining and generating steps. The instant claims recite the user equipment, method, and non-transitory computer readable medium limitations. Though the claims of the reference and the instant application reword the limitations, the claims correspond to one another as follows:
Regarding claim 1, claim 1 of the instant application corresponds to claim 1 of the reference. Claim 1 of the reference discloses the obtaining steps. Claim 1 of the reference further discloses first and second power control commands for the first and second beamforming link to the first and second base stations. These power control commands control the transmit power to the base stations. The reference does not disclose the second transmission being concurrent with the first transmission. Ramkumar discloses a method and apparatus shown in figure 4. Paragraph 0058 discloses module 305a, which is component of UE 115, may use two or more transmit/receive modulators/demodulators 420 and associated antennas 425 to support multiple concurrent transmissions. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize multiple transmit chains to transmit concurrent signals as taught by Ramkumar into the method constraining transmit power to a first and second transmission to two base stations of the reference. Using the hardware to support multiple concurrent transmissions allows for the communication system to separately communicate with numerous receivers at the same time, improving the efficiency and effectiveness of the communication system.
Regarding claim 2, claim 1 of the reference discloses first and second power control commands for the first and second beamforming link to the first and second base stations. These power control commands control the transmit power to the base stations.
Regarding claim 4, claim 1 of the reference discloses the first and second beamformed wireless communication link. A beamformed wireless communication link will comprise a beam.
Regarding claim 9, the combination discloses wherein: transmitting the first transmission to the first transmit receive point via the first beamformed wireless communication link comprises transmitting the first transmission via the first beamformed wireless communication link using a first antenna sub-array of the user equipment; and transmitting the second transmission to the second transmit receive point via the second beamformed wireless communication link comprises transmitting the second transmission via the second beamformed wireless communication link using a second antenna sub-array of the user equipment (Ramkumar discloses a method and apparatus shown in figure 4. Paragraph 0058 discloses module 305a, which is component of UE 115, may use two or more transmit/receive modulators/demodulators 420 and associated antennas 425 to support multiple concurrent transmissions.).
Regarding claim 12, claim 12 of the instant application corresponds to claim 2 of the reference. Claim 2 of the reference discloses the obtaining steps. Claim 2 of the reference further discloses first and second power control commands for the first and second beamforming link to the first and second base stations. These power control commands control the transmit power to the base stations. The reference does not disclose the second transmission being concurrent with the first transmission. Ramkumar discloses a method and apparatus shown in figure 4. Paragraph 0058 discloses module 305a, which is component of UE 115, may use two or more transmit/receive modulators/demodulators 420 and associated antennas 425 to support multiple concurrent transmissions. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize multiple transmit chains to transmit concurrent signals as taught by Ramkumar into the method constraining transmit power to a first and second transmission to two base stations of the reference. Using the hardware to support multiple concurrent transmissions allows for the communication system to separately communicate with numerous receivers at the same time, improving the efficiency and effectiveness of the communication system.
Regarding claim 13, claim 2 of the reference discloses first and second power control commands for the first and second beamforming link to the first and second base stations. These power control commands control the transmit power to the base stations.
Regarding claim 15, claim 2 of the reference discloses the first and second beamformed wireless communication link. A beamformed wireless communication link will comprise a beam.
Regarding claim 20, claim 20 of the instant application corresponds to claim 3 of the reference. Claim 3 of the reference discloses the obtaining steps. Claim 3 of the reference further discloses first and second power control commands for the first and second beamforming link to the first and second base stations. These power control commands control the transmit power to the base stations. The reference does not disclose the second transmission being concurrent with the first transmission. Ramkumar discloses a method and apparatus shown in figure 4. Paragraph 0058 discloses module 305a, which is component of UE 115, may use two or more transmit/receive modulators/demodulators 420 and associated antennas 425 to support multiple concurrent transmissions. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize multiple transmit chains to transmit concurrent signals as taught by Ramkumar into the method constraining transmit power to a first and second transmission to two base stations of the reference. Using the hardware to support multiple concurrent transmissions allows for the communication system to separately communicate with numerous receivers at the same time, improving the efficiency and effectiveness of the communication system.
7. Claims 3, 6, 14 and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 10,581,722 in view of Ramkumar et al (US 2015/0131461) further in view of Su et al (US 2012/0014415).
Regarding claims 3 and 14, the combination of the reference and Ramkumar discloses the method and user equipment stated above. The combination discloses transmitting the first and second transmissions at the power levels controlled by the transmit power control.
The combination does not disclose the first transmission power for the first transmission and the second transmission power for the second transmission are constrained by a total maximum power limit across the first beamformed wireless communication link and the second beamformed wireless communication link.
Su discloses a transmitter beamforming steering matrix processing and storage method as stated in the abstract. Su discloses figure 8 is a block diagram of the transceiver 800. The transceiver includes beamforming power control unit 825 operable to control the transmit power of the transceiver 800. The beamforming power control unit 825 can control the in-band power transmitted on each antenna of each transmit chain to maximize the transmit power to improve performance and at the same time ensure that the transmit power is within the power limits of the power amplifier (PA) of each transmit chain. The beamforming power control unit 825 can also ensure that the total power transmitted by the transceiver 800 meets FFC criteria, e.g., that the total power transmitted does not exceed a maximum total power limit specified by the FFC. This information is disclosed in paragraph 0071. Paragraph 0079 discloses the maximum transmit power for each of the plurality of transmit chains is calculated. In one implementation, the beamforming power control unit 825 calculates the maximum transmit power for each transmit chain based on a maximum total power limit associated with the transceiver 800. In one example, the maximum total power limit can be a power limit specified by the FCC for transmitters operating in certain frequency bands. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the total maximum power limit across the transmission links for beamforming power control as taught by Su in the method, user equipment and non-transitory computer readable medium for transmit power control of the combination of the reference and Ramkumar. By operating within the requirements for a maximum total power limit of the FCC, the communication system will be in compliance with regulations and can avoid fines or shut downs. This can also prevent adverse conditions being present in the communication environment that could be detrimental to other operators.
Regarding claims 6 and 17, the combination of the reference and Ramkumar discloses the method and user equipment stated above. The combination discloses transmitting the first and second transmissions at the power levels controlled by the transmit power control.
The combination does not disclose the first power control signal and the second power control signal being generated based on a total maximum power limit across the first beamformed wireless communication link and the second beamformed wireless communication link.
Su discloses a transmitter beamforming steering matrix processing and storage method as stated in the abstract. Su discloses figure 8 is a block diagram of the transceiver 800. The transceiver includes beamforming power control unit 825 operable to control the transmit power of the transceiver 800. The beamforming power control unit 825 can control the in-band power transmitted on each antenna of each transmit chain to maximize the transmit power to improve performance and at the same time ensure that the transmit power is within the power limits of the power amplifier (PA) of each transmit chain. The beamforming power control unit 825 can also ensure that the total power transmitted by the transceiver 800 meets FFC criteria, e.g., that the total power transmitted does not exceed a maximum total power limit specified by the FFC. This information is disclosed in paragraph 0071. Paragraph 0079 discloses the maximum transmit power for each of the plurality of transmit chains is calculated. In one implementation, the beamforming power control unit 825 calculates the maximum transmit power for each transmit chain based on a maximum total power limit associated with the transceiver 800. In one example, the maximum total power limit can be a power limit specified by the FCC for transmitters operating in certain frequency bands. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the total maximum power limit across the transmission links for beamforming power control as taught by Su in the method, user equipment and non-transitory computer readable medium for transmit power control of the combination of the reference and Ramkumar. By operating within the requirements for a maximum total power limit of the FCC, the communication system will be in compliance with regulations and can avoid fines or shut downs. This can also prevent adverse conditions being present in the communication environment that could be detrimental to other operators.
8. Claims 5, 7, 10, 16 and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 10,581,722 in view of Ramkumar et al (US 2015/0131461) further in view of Miklos et al (US 2008/0280611).
Regarding claims 5 and 16, the combination of the reference and Ramkumar does not disclose the UE is able to set it’s transmit power levels differently towards the two base stations and transmitting an indication that the user equipment supports multi-link power control for a plurality of transmit receive points, wherein the indication indicates how power is controlled independently for each of the first beamformed communication link and the second beamformed communication link
Miklos discloses the communication system shown in figure 1. Miklos discloses a handover method for a mobile station and base stations. Figure 10 shows the communication between the UE and multiple base stations. Paragraph 0079 discloses during a handover transition, i.e., the period when both radio links to both the old and new NodeB are active, the UE is power controlled by both NodeBs. If the UE is able to set it’s transmit power levels differently toward the two NodeBs, it sets the power to each link individually according to received power control commands. Since the transmit power levels are set differently, the first and second power control signals will be different from one another.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of setting the transmit power levels differently according to the received power control commands and transmitting at those different power levels as taught by Miklos into the method, user equipment and non-transitory computer readable medium comprising: a memory; and a processor coupled to the memory of the combination of the reference and Ramkumar. By individually setting the transmit power levels to each of the base stations that are controlling the UE, more accurate power control in the system can be achieved. This will improve the efficiency of the communication system. In this combination, the first transmission constrained by the first power control signal is sent to the first transmit receive point and the second transmission constrained by the second power control signal is sent to the second transmit receive point. The combination discloses a system implementing multi-link power control. The signals transmitted to the different NodeBs at different power levels will be an indication that the UE supports multi-link power control. These signals will also be an indication of how the power control is done for each of the communication links since the signals at different power levels will show how the power levels have changed from the previous power levels.
Regarding claims 7 and 18, the combination of the reference and Ramkumar discloses the method and user equipment stated above. The reference discloses generating the first power control signal to constrain a transmission power for the first transmission and generating the second power control signal based on the second power control information configured to constrain a transmission power for the second transmission in claims 1 and 2.
The combination does not disclose the second power control signal is different from the first power control signal.
Miklos discloses the communication system shown in figure 1. Miklos discloses a handover method for a mobile station and base stations. Figure 10 shows the communication between the UE and multiple base stations. Paragraph 0079 discloses during a handover transition, i.e., the period when both radio links to both the old and new NodeB are active, the UE is power controlled by both NodeBs. If the UE is able to set it’s transmit power levels differently toward the two NodeBs, it sets the power to each link individually according to received power control commands. Since the transmit power levels are set differently, the first and second power control signals will be different from one another.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of setting the transmit power levels differently according to the received power control commands and transmitting at those different power levels as taught by Miklos into the method, user equipment and non-transitory computer readable medium comprising: a memory; and a processor coupled to the memory of the combination of the reference and Ramkumar. By individually setting the transmit power levels to each of the base stations that are controlling the UE, more accurate power control in the system can be achieved. This will improve the efficiency of the communication system. In this combination, the first transmission constrained by the first power control signal is sent to the first transmit receive point and the second transmission constrained by the second power control signal is sent to the second transmit receive point.
Regarding claim 10, the combination of the reference and Ramkumar discloses communicating first transport blocks via the first beamformed wireless communication link; communicating second transport blocks via the second beamformed wireless communication link since the transport blocks will be the data communicated via the links. The combination does not disclose processing the first transport blocks independently of the second transport blocks.
Miklos discloses the communication system shown in figure 1. Miklos discloses a handover method for a mobile station and base stations. Figure 10 shows the communication between the UE and multiple base stations. Paragraph 0079 discloses during a handover transition, i.e., the period when both radio links to both the old and new NodeB are active, the UE is power controlled by both NodeBs. If the UE is able to set it’s transmit power levels differently toward the two NodeBs, it sets the power to each link individually according to received power control commands. Since the transmit power levels are set differently, the first and second power control signals will be different from one another.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of setting the transmit power levels differently according to the received power control commands and transmitting at those different power levels as taught by Miklos into the method, user equipment and non-transitory computer readable medium comprising: a memory; and a processor coupled to the memory of the combination of the reference and Ramkumar. By individually setting the transmit power levels to each of the base stations that are controlling the UE, more accurate power control in the system can be achieved. This will improve the efficiency of the communication system. In this combination, the first transmission constrained by the first power control signal is sent to the first transmit receive point and the second transmission constrained by the second power control signal is sent to the second transmit receive point.
8. Claims 8 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 10,581,722 in view of Ramkumar et al (US 2015/0131461) in view of Miklos et al (US 2008/0280611) further in view of Su et al (US 2012/0014415).
Regarding claims 8 and 19, the combination of the reference, Ramkumar and Miklos discloses the method and user equipment as stated above. The combination does not disclose the first power control signal and the second power control signal being generated based on a total maximum power limit across the first beamformed wireless communication link and the second beamformed wireless communication link.
Su discloses a transmitter beamforming steering matrix processing and storage method as stated in the abstract. Su discloses figure 8 is a block diagram of the transceiver 800. The transceiver includes beamforming power control unit 825 operable to control the transmit power of the transceiver 800. The beamforming power control unit 825 can control the in-band power transmitted on each antenna of each transmit chain to maximize the transmit power to improve performance and at the same time ensure that the transmit power is within the power limits of the power amplifier (PA) of each transmit chain. The beamforming power control unit 825 can also ensure that the total power transmitted by the transceiver 800 meets FFC criteria, e.g., that the total power transmitted does not exceed a maximum total power limit specified by the FFC. This information is disclosed in paragraph 0071. Paragraph 0079 discloses the maximum transmit power for each of the plurality of transmit chains is calculated. In one implementation, the beamforming power control unit 825 calculates the maximum transmit power for each transmit chain based on a maximum total power limit associated with the transceiver 800. In one example, the maximum total power limit can be a power limit specified by the FCC for transmitters operating in certain frequency bands. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the total maximum power limit across the transmission links for beamforming power control as taught by Su in the method, user equipment and non-transitory computer readable medium for transmit power control of the combination of the reference, Ramkumar and Milkos. By operating within the requirements for a maximum total power limit of the FCC, the communication system will be in compliance with regulations and can avoid fines or shut downs. This can also prevent adverse conditions being present in the communication environment that could be detrimental to other operators.
9. Claim 11 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. 10,581,722 in view of Ramkumar et al (US 2015/0131461) further in view of Gupta et al (US 2015/0071081).
Regarding claim 11, the combination of the reference and Ramkumar discloses the method stated above. The combination does not disclose wherein the processing comprises cyclic redundancy check (CRC) processing.
Gupta discloses a method and a user equipment comprising memory and processors (Claim 1: a method of controlling uplink power of a user equipment. Claim 11: comprising at least one processor and a memory configured to…), comprising:
obtaining, via a first beamformed wireless communication link with a first transmit receive point, first power control information for the first beamformed wireless communication link with the first transmit receive point, the first beamformed wireless communication link with the first transmit receive point being carried on a first carrier frequency (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Paragraph 0074: The antenna 1034 may include one or more antennas, for example, including beam steering bidirectional adaptive antenna arrays or other similar beam technologies.);;
performing a first power control operation for the first beamformed wireless communication link based on the first power control information (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands.);
transmitting a first transmission to the first transmit receive point via the first beamformed wireless communication link according to the first power control operation (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Claim 7: receiving one or more TPC commands from a third cell and one of the first or second cells, determining an or-of-downs transmit power based on the one or more TPC commands. Figure 7: The transmission 712 to each of the base stations originates from the same transmission. Therefore, a control signal that constrains a transmission power for a first transmission to a first base station will constrain the transmission power for a second transmission to a second base station.);
obtaining, via a second beamformed wireless communication link with a second transmit receive point, second power control information for the second beamformed wireless communication link with the second transmit receive point, the second beamformed wireless communication link with the second transmit receive point being carried on the first carrier frequency on which the first beamformed wireless communication link with the first transmit receive point is also carried (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Paragraph 0074: The antenna 1034 may include one or more antennas, for example, including beam steering bidirectional adaptive antenna arrays or other similar beam technologies. Paragraph 0066: wherein the respective downlink cells utilize the same frequency carrier. Paragraph 0067: wherein the downlink channels are in substantially the same carrier frequency.);;
performing a second power control operation for the second beamformed wireless communication link based on the second power control information, the second power control operation being independent of the first power control operation (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Claim 7: receiving one or more TPC commands from a third cell and one of the first or second cells, determining an or-of-downs transmit power based on the one or more TPC commands. Figure 7: The transmission 712 to each of the base stations originates from the same transmission. Therefore, a control signal that constrains a transmission power for a first transmission to a first base station will constrain the transmission power for a second transmission to a second base station.); and
transmitting a second transmission to the second transmit receive point via the second beamformed wireless communication link according to the second power control operation, the second transmission being concurrent with the first transmission (Paragraph 0010: The UE receives one or more transmit power control commands (TPC) from the high speed (HS) cell and non-HS cell. The UE determines an or-of-downs (OOD) transmit power based on the one or more TPC commands. Claim 7: receiving one or more TPC commands from a third cell and one of the first or second cells, determining an or-of-downs transmit power based on the one or more TPC commands. Figure 7: The transmission 712 to each of the base stations originates from the same transmission. Therefore, a control signal that constrains a transmission power for a first transmission to a first base station will constrain the transmission power for a second transmission to a second base station.).
Gupta further discloses wherein the processing comprises cyclic redundancy check (CRC) processing (Paragraphs 0075 and 0087 disclose the receiver at the UE receives and checks the CRC codes to determine whether frames were successfully decoded.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Gupta into the method of the combination of the reference and Ramkumar. Using the CRC processing will help to reduce errors in the received signal improving the function of the communication system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M. BURD whose telephone number is (571)272-3008. The examiner can normally be reached 9:30 - 5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN M BURD/Primary Examiner, Art Unit 2632 2/22/2026