CTNF 19/005,029 CTNF 76798 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 1. Claim 12 is 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. 07-34-05 AIA Claim 12 recites the limitation " the UE " in line 3 . There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA 2. Claim s 1-12 are rejected under 35 U.S.C. 102( a) (1 ) as being anticipated by Kim (US 2013/0121342) . Regarding claim 1, Kim discloses a method comprising: generating at least one codeword by data (Figure 1A: codewords are input to the encoders 110-1 – 110-N. The codewords are generated before being input.) ; generating a plurality of symbols based on the at least one codeword (Figure 1A: codewords are input to the encoders 110-1 – 110-N. Encoded symbols are output from the encoders.) ; and transmitting the signal comprising the plurality of symbols (Figures 1A, 1B and 4. The symbols will be transmitted from the antenna elements.) , wherein the signal is transmitted based on each antenna element indication value that indicates whether each antenna element corresponding the antenna element indication value radiates the signal (Figure 4. The switches control each of the antenna elements and will provide the symbols to antenna elements that will radiate the signal. The control of the switches will determine if the switch is open or closed to provide the signal to each antenna element. The control of the switches will be the antenna element indication value.) . Regarding claim 2, Kim discloses wherein, based on a beam for data transmission being generated based on the each antenna element indication value (Figure 2: beam selector 210 is provided to the transmitter RF chain 234.) , a baseband signal processor of a UE transmits the each antenna element indication value to a beam generator (Figure 2: at least controller 200, beam selector 210) of the UE based on a phase value of the signal and a phase value of each of the plurality of antenna elements, and a frequency synthesizer of the UE generates a local frequency and applies the generated local frequency to the beam generator through an amplifier (AMP) (Figure 4: each path of the transmit chain comprises the mixer 420, the phase shifting unit 430 that phase shifts transmission signals for each beam by phase shift values as stated in paragraph 0068 and amplifiers 460.) , and the beam generator radiates a signal through the each antenna element controlled based on the each antenna element indication value and the applied local frequency is reflected to the radiated signal to generate a beam for the data (Figure 4 shows the beams are input to the mixers then phase shifting unit.) . Regarding claim 3, Kim discloses the phase value of the signal is determined based on phase shift keying (PSK) (Paragraph 0074: a modulation mapping unit maps scrambled bits to modulation symbols according to predetermined modulation schemes such as Phase Shift Keying (PSK).) . Regarding claim 4, Kim discloses wherein, based on the phase value for each of the plurality of antenna elements being determined based on determined beam direction (Paragraph 0047: the analog signal is converted into an RF signal by mixer 102. The RF signal forms antenna beams by being phase adjusted by individual phase shift values by the phase adjusters 104 corresponding to antenna elements 108. The outputs of the phase adjusters 104 are radiated into the air by the antenna elements after being power amplified by power amplifiers. The number of and the directions and intensities of the antenna beams which are radiated into the air are controlled by the phase shift values.) , the phase value for each of the plurality of antenna elements is determined based on a phase value according to a position of an antenna element in the antenna array and a phase value according to a feeding line in the antenna array (Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier .). Regarding claim 5, Kim discloses wherein, the phase value according to a position of an antenna element in the antenna array is determined based on a phase value by beam steering (Paragraph 0047: The number of and the directions and intensities of the antenna beams which are radiated into the air are controlled by the phase shift values.) . Regarding claim 6, Kim discloses the phase value for each of the plurality of antenna elements is determined based on a sum of the phase value according to a position of an antenna element in the antenna array and the phase value according to a feeding line in the antenna array (Paragraph 0047: The number of and the directions and intensities of the antenna beams which are radiated into the air are controlled by the phase shift values. Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier . ) . Regarding claim 7, Kim discloses wherein the each antenna element indication value is represented as 1 bit (Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier. The transferring or the blocking value in the switch will correspond to a 1 bit or a “0” bit to represent the switch being open or closed. ). Regarding claim 8, Kim discloses wherein based on the each antenna element indication value being a first value, the each antenna element radiates the signal, wherein based the each antenna element indication being a second value, the each antenna element does not radiate the signal (Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier. The transferring or the blocking value in the switch will correspond to a 1 bit or a “0” bit to represent the switch being open or closed. ). Regarding claim 9, Kim discloses wherein a third phase value is derived based on a phase value of the first antenna element based on determined beam direction and the first phase value (Paragraph 0047: The number of and the directions and intensities of the antenna beams which are radiated into the air are controlled by the phase shift values. Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier. Figures 1C and 4 show the plurality of phase values for the plurality of phase shifters. These phase values are based on the beam direction and each of the phase values for the phase shifters.) , and wherein, based on the derived third phase value and the second phase value being within a threshold value, the first antenna element indication value is set to the first value and the first antenna element radiates the signal based on the second phase value (Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier. The transferring or the blocking value in the switch will correspond to a 1 bit or a “0” bit to represent the switch being open or closed. This is based on the phase values for the phase shifters. ). Regarding claim 10, Kim discloses wherein, based on the derived third phase value and the second phase value exceeding the threshold value, the first antenna element indication value is set to the second value and the first antenna element does not radiate the signal (Paragraph 0047: The number of and the directions and intensities of the antenna beams which are radiated into the air are controlled by the phase shift values. Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier. Figures 1C and 4 show the plurality of phase values for the plurality of phase shifters. These phase values are based on the beam direction and each of the phase values for the phase shifters. Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier. The transferring or the blocking value in the switch will correspond to a 1 bit or a “0” bit to represent the switch being open or closed. This is based on the phase values for the phase shifters. ). Regarding claim 11, Kim discloses an apparatus comprising: a transceiver (Figure 2 shows the transceiver. Figure 1A shows the transmitter. Figure 8 shows the receiver.) ; and a processor coupled with the transceiver (Figures 1A-2 shows the processor that processes the input signal and executes the steps of the apparatus.) , wherein the processor is configured to: generate at least one codeword by data (Figure 1A: codewords are input to the encoders 110-1 – 110-N. The codewords are generated before being input.) ; generate a plurality of symbols based on the at least one codeword (Figure 1A: codewords are input to the encoders 110-1 – 110-N. Encoded symbols are output from the encoders.) ; and transmit the signal comprising the plurality of symbols (Figures 1A, 1B and 4. The symbols will be transmitted from the antenna elements.) , wherein the signal is transmitted based on each antenna element indication value that indicates whether each antenna element corresponding to the each antenna element indication value radiates the signal (Figure 4. The switches control each of the antenna elements and will provide the symbols to antenna elements that will radiate the signal. The control of the switches will determine if the switch is open or closed to provide the signal to each antenna element. The control of the switches will be the antenna element indication value.) . Regarding claim 12, Kim discloses wherein the apparatus communicates with at least one of a mobile terminal, a network or an autonomous vehicle other than a vehicle comprising the UE (Paragraph 0003: the present invention relates to a transmission/reception of signals in a communication system. The apparatus will communicate with the receivers of the communication system. Those external receivers are not a component of the recited apparatus and do not limit the claim in terms of scope. Paragraph 0079 discloses the communication system includes a radio network and identifies the cells.) . Double Patenting 08-33 AIA 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. 08-34 AIA 3. Claim s 1-4 and 7-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-14 of U.S. Patent No. 12,224,826 . Although the claims at issue are not identical, they are not patentably distinct from each other because the reference discloses additional steps that are not recited in the instant claims. The more specific anticipates the broader . Regarding claim 1, the reference discloses the method including steps of generating at least one codeword, generating a plurality of symbols, transmitting the signal comprising the symbols, wherein signal is transmitted on the plurality of antenna elements as stated in claim 1. Claim 6 further discloses each antenna indication value indicates whether each antenna element radiates the signal. Regarding claim 2, claim 2 of the reference discloses the recited features of the claim. Regarding claim 3, claim 3 of the reference discloses the recited features of the claim. Regarding claim 4, claim 4 of the reference discloses the recited features of the claim. Regarding claim 7, claim 5 of the reference discloses the recited features of the claim. Regarding claim 8, claim 6 of the reference discloses the recited features of the claim. Regarding claim 9, claim 7 of the reference discloses the recited features of the claim. Regarding claim 10, claim 8 of the reference discloses the recited features of the claim. Regarding claim 11, the reference discloses the apparatus including the transmitter and receiver and the processor that executes the steps of generating at least one codeword, generating a plurality of symbols, transmitting the signal comprising the symbols, wherein signal is transmitted on the plurality of antenna elements as stated in claim 13. Claim 6 further discloses each antenna indication value indicates whether each antenna element radiates the signal. Regarding claim 12, claim 14 of the reference discloses the recited features of the claim . 08-36 AIA 4. Claim s 5 and 6 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-14 of U.S. Patent No. 12,224,826 in view of Kim (US 2013/0121342) . Regarding claim 4, the reference discloses the method stated above. The reference does not disclose wherein, based on the phase value for each of the plurality of antenna elements being determined based on determined beam direction, the phase value for each of the plurality of antenna elements is determined based on a phase value according to a position of an antenna element in the antenna array and a phase value according to a feeding line in the antenna array. Kim discloses the transmitter shown in figures 1A-2 and 4. Kim further discloses wherein, based on the phase value for each of the plurality of antenna elements being determined based on determined beam direction (Paragraph 0047: the analog signal is converted into an RF signal by mixer 102. The RF signal forms antenna beams by being phase adjusted by individual phase shift values by the phase adjusters 104 corresponding to antenna elements 108. The outputs of the phase adjusters 104 are radiated into the air by the antenna elements after being power amplified by power amplifiers. The number of and the directions and intensities of the antenna beams which are radiated into the air are controlled by the phase shift values.) , the phase value for each of the plurality of antenna elements is determined based on a phase value according to a position of an antenna element in the antenna array and a phase value according to a feeding line in the antenna array (Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier .). Regarding claim 5, the reference discloses the method stated above. The reference does not disclose wherein, the phase value according to a position of an antenna element in the antenna array is determined based on a phase value by beam steering. Kim discloses the transmitter shown in figures 1A-2 and 4. Kim further discloses wherein, the phase value according to a position of an antenna element in the antenna array is determined based on a phase value by beam steering (Paragraph 0047: The number of and the directions and intensities of the antenna beams which are radiated into the air are controlled by the phase shift values.) . By utilizing the number and direction and intensity of the beams, the communication can improve the efficiency and effectiveness of the communication system. For this reason, it would have been obvious for one of ordinary skill in the art to combine the teaching of Kim into the method of the reference. Regarding claim 6, the reference discloses the method stated above. The reference does not disclose the phase value for each of the plurality of antenna elements is determined based on a sum of the phase value according to a position of an antenna element in the antenna array and the phase value according to a feeding line in the antenna array. Kim discloses the transmitter shown in figures 1A-2 and 4. Kim further discloses the phase value for each of the plurality of antenna elements is determined based on a sum of the phase value according to a position of an antenna element in the antenna array and the phase value according to a feeding line in the antenna array (Paragraph 0047: The number of and the directions and intensities of the antenna beams which are radiated into the air are controlled by the phase shift values. Paragraph 0069: the switching unit 440 transfers or blocks transmission signals corresponding to each beam to/from summers 450 under predetermined control. The summers 450 sum up transmission signals transferred from the switching unit 440 individually for each antenna element, an input the summation results to the power amplifier . ) . By utilizing the number and direction and intensity of the beams, the communication can improve the efficiency and effectiveness of the communication system. For this reason, it would have been obvious for one of ordinary skill in the art to combine the teaching of Kim into the method of the reference. 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 6/15/2026 Application/Control Number: 19/005,029 Page 2 Art Unit: 2632 Application/Control Number: 19/005,029 Page 3 Art Unit: 2632 Application/Control Number: 19/005,029 Page 4 Art Unit: 2632 Application/Control Number: 19/005,029 Page 5 Art Unit: 2632 Application/Control Number: 19/005,029 Page 6 Art Unit: 2632 Application/Control Number: 19/005,029 Page 7 Art Unit: 2632 Application/Control Number: 19/005,029 Page 8 Art Unit: 2632 Application/Control Number: 19/005,029 Page 9 Art Unit: 2632 Application/Control Number: 19/005,029 Page 10 Art Unit: 2632 Application/Control Number: 19/005,029 Page 11 Art Unit: 2632 Application/Control Number: 19/005,029 Page 12 Art Unit: 2632 Application/Control Number: 19/005,029 Page 13 Art Unit: 2632 Application/Control Number: 19/005,029 Page 14 Art Unit: 2632 Application/Control Number: 19/005,029 Page 15 Art Unit: 2632 Application/Control Number: 19/005,029 Page 16 Art Unit: 2632
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