DETAILED ACTION
This Office Action is responsive to the Amendment/Request for Reconsideration-After Non-Final Rejection filed 07/07/2026 .
Status of the Claim:
Claims 1-20 were pending.
Claim 16 is cancelled.
New claim 21 is added.
Claims 1-15, 17-21 are currently pending. The detail office action to the pending claims 1-20 is as shown below.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to the Amendment
Receipt is acknowledged of Applicant’s request for entry of the Amendment filed 07/07/2026. By this amendment, pending claims 1, 17, 18, 20 have been amended, claim 16 has been cancelled, and new claim 21 has been added. Upon entering the Amendment, claims 1-15, 17-21 will be fully examined for patentability.
Response to the Claim Rejections under 35 USC § 103
Applicant’s Arguments/Remarks Made in Amendment filed 07/07/2026 regarding the rejection of claims 1-15, 17-20 under 35 U.S.C. 103 as being unpatentable over Sahin in view of Ho have been fully considered. The Applicant contends the claims rejection and submits (see REMARKS, pages 7-9) “Applicant respectfully submits that SAHIN and HO do not disclose each and every feature recited in amended claim 1. For example, SAHIN and HO, taken alone or in any reasonable combination, do not disclose at least "receiv[ing] a signal, wherein the signal includes first information in accordance with an on-off keying (OOK) modulation and second information in accordance with a phase modulation, wherein the first information is independent of the second information; and communicat[ing] in accordance with the first information and the second information," as recited in amended claim 1. The Examiner respectfully traverses the assertion because the combination of Sahin and Ho adequate grounds for rejecting each and every feature recited in currently amended claims 1, 18, 20. With respect to the claimed feature "receiv[ing] a signal, wherein the signal includes first information in accordance with an on-off keying (OOK) modulation and second information in accordance with a phase modulation, wherein the first information is independent of the second information; and communicat[ing] in accordance with the first information and the second information," as recited in amended claim 1, for example, Sahin discloses receive/ing a signal (e.g. step 2002 of Fig. 20 and para [0221]), wherein the signal includes first information in accordance with an on-off keying (OOK) modulation and second information in accordance with a phase modulation (see for example, Fig. 20, paras [0221], [0222], Claims 1-3, 6 of Sahin); wherein the first information is independent of the second information (e.g. Sahin, Figs. 2-3, 5, paras [0093], [0105]: wherein the narrow band signal (i.e. first information) is independent from the plurality repeated modulated (i.e. second information). For example, the signal in the narrow band (i.e. first information) is modulated using OOK such that the signal includes a sequence defined by on & off durations ( in amplitude domain), while the signal in the plurality repeated modulated (i.e. second information) is modulated using phase modulation) and communicate/ing in accordance with the first information and the second information (e.g. Sahin, para [0093], [0105]: communicates in accordance with the on-off keying (OOK) modulation signal and/or a plurality repeated modulated binary phase shift keying (BPSK) or quadrature phase shift keying (QPSK) signal). As such, the Examiner has provided a clear articulation of the reason(s) why the claimed invention would have been obvious; the Examiner has shown that the prior art reasonably suggests the invention in the instant application (for at least the reasons set forth in said Non-Final Rejection and in this Action); that the prior art properly meet all the claimed limitation as rejected, and thus rendering it prima facie obvious. Hence, for at least the foregoing reasons, the Examiner submits Sahin in view of Ho reasonably disclose the features of all the Rejected claims, set forth below. Accordingly, Sahin in view of Ho is adequate grounds for rejecting the feature of all the rejected claims including currently added features of claims 1, 17, 18, 20 under 35 U.S.C. 103. Accordingly, all the applicants’ arguments/remarks have been thoroughly and carefully reviewed but they are not found persuasive.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Newly Presented claim 21 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim(s) recites “wherein the first information is decodable from the signal without demodulating the phase of the signal” which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention. The Examiner can find no support in the written disclosure for this newly amended subject matter which reasonably conveys that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention. The Applicant’s REMARK, filed along with the Amendment (e.g. page 6) advises “support for the new claim may be found in, for example, paragraphs [0034], [0036], [0124], and [0142] of the as-filed specification”. However, none of these paragraphs reasonably convey support that the first information is decodable from the signal without demodulating the phase of the signal, as recited in newly added claim 21. The contents of paragraphs [0034], [0036], [0124], and [0142] are listed below for the Applicant’s convenience:
[0034] Various aspects relate generally to transmission of a signal such as an LP-WUS or an LP-SS using both OOK modulation and phase modulation. For example, the signal may be modulated using OOK such that the signal includes a sequence defined by on durations and off durations (in the amplitude domain). Furthermore, a phase of the signal may also be manipulated such that a phase, or sequence of phases, conveys information separate from the OOK modulation. Thus, the signal may be implemented using both OOK modulation and phase modulation. Some aspects relate to providing first information using OOK modulation of the signal and second information using phase modulation of the signal. In some aspects, the first information may be independent from the second information. For example, unlike some modulation schemes where a symbol comprising multiple bits is modulated onto a signal using a combination of phase modulation and amplitude modulation, aspects provided herein provide for a first set of information to be conveyed using OOK modulation, and a second set of information, independent from the first set of information, to be conveyed using phase modulation.
[0036] Particular aspects of the subject matter described in this disclosure can be implemented to realize one or more of the following potential advantages. In some examples, by providing first information using OOK modulation of the signal and second information using phase modulation of the signal, data capacity of the signal is improved while maintaining compatibility of the signal with UEs that can receive only OOK modulation. By providing first information independent from the second information, reception is simplified relative to higher-order modulation schemes, and the first information can still be conveyed to UEs that do not support phase modulation or demodulation.
[0124] In some aspects, the second information 715 may include a beam identifier, such as a reference signal identifier. For example, the second information 715 (which may be included in one or more of the on durations of the signal 705) may indicate a transmit beam identifier or an SSB identifier (such as when using SSB correspondence) or a CSI-RS identifier on which the signal 705 is transmitted. For example, multiple SSBs may be transmitted on multiple beams in a burst of SSBs, and a signal 705 (such as an LP-WUS or LP-SS) can be transmitted on the same transmit beam as one of the multiple SSBs. The signal 705 may indicate the transmit beam on which the signal 705 was transmitted by indicating an index of the SSB in an SSB burst associated with the transmit beam.
[0142] In a twelfth aspect, alone or in combination with one or more of the first through eleventh aspects, the signal comprises at least one of a low-power wakeup signal or a low-power synchronization signal (such as LP-WUS 420).
To satisfy the written description requirement, an applicant must convey with reasonable clarity to those skilled in the art that, as of the filing date sought, he or she was in possession of the invention, and that the invention, in that context, is whatever is now claimed. The test for sufficiency of support in a parent application is whether the disclosure of the application relied upon "reasonably conveys to the artisan that the inventor had possession at that time of the later claimed subject matter." Ralston Purina Co. v. Far-Mar-Co., Inc., 772 F.2d 1570, 1575, 227 USPQ 177, 179 (Fed. Cir. 1985) (quoting In re Kaslow, 707 F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983)).
Claim Rejections - 35 USC § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-15, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over US2021/0014788 to Sahin et al. (“Sahin”) in view of US9178735 to Ho et al. (“Ho”) (The remarks and/or references placed in the parentheses apply to the prior art)
RE claims 1, 18, 20, Sahin discloses an apparatus for wireless communication (102) and a method of wireless communication performed by a user equipment (e.g. Fig. 20 of Sahin); and an apparatus for wireless communication with means for receiving and communicating (e.g. Figs. 1A-1D of Sahin) comprising: one or more memories (130, 132); and one or more processors (118) coupled to the one or more memories (e.g. Fig. 1B illustrates the one or more processors (118) coupled to the one or more memories (130, 132)), the one or more processors individually or collectively configured to: receive a signal (e.g. step 2002 of Fig. 20 and para [0221]), wherein the signal includes first information in accordance with an on-off keying (OOK) modulation and second information in accordance with a phase modulation (e.g. Claims 1-3, 6 of Sahin: wherein the WUS signal includes a narrow band (i.e. first information) on-off keying (OOK) modulation signal and a plurality repeated modulated (i.e. second information) binary phase shift keying (BPSK) or quadrature phase shift keying (QPSK) signal); wherein the first information is independent of the second information (e.g. Sahin, Figs. 2-3, 5, paras [0093], [0105]: wherein the narrow band signal (i.e. first information) is independent from the plurality repeated modulated (i.e. second information). For example, the signal in the narrow band (i.e. first information) is modulated using OOK such that the signal includes a sequence defined by on & off durations ( in amplitude domain), while the signal in the plurality repeated modulated (i.e. second information) is modulated using phase modulation) and communicate in accordance with the first information and the second information (e.g. Sahin, para [0093], [0105]: communicates in accordance with the on-off keying (OOK) modulation signal and/or a plurality repeated modulated binary phase shift keying (BPSK) or quadrature phase shift keying (QPSK) signal)
While Sahin discloses receiving a binary phase shift keying or quadrature phase shift keying modulated signal, as noted above, the subject matter of claims 1, 18, 20 differ from Sahin in that Sahin does not expressly recite the term “phase modulation” as claimed. However, Ho teaches or fairly suggests, in the same technical field, said term. See for example, Abstract, 305 of Fig. 3, and col. 2, lines 10-15 of Ho, which describe transmitting phase-modulated carrier signal with on-off keying (OOK) signal to a receiving apparatus via a communication link. Hence, it would have been obvious at the time the invention was made to one of ordinary skill in the art to modify the feature/element disclosed by Sahin with Ho’s teachings or suggestions to provide to provide a carrier signal which includes phase modulated signal with on-off keying (OOK) signal for spectrum control (see for example, col. 1, lines 5-10 of Ho). Therefore one of ordinary skill in the art, such as an individual working in a field related to applying phase modulation onto millimeter waves with on-off keying(OOK) for spectrum control could have combined the features/elements as claimed by known methods, and that in combination, each feature/method merely performs the same function as it does separately, with each feature/method retaining its advantageous function, yielding predictable result/s. It is for at least the aforementioned reasons that the Examiner has reached a conclusion of obviousness with respect to claims 1, 18, 20.
RE claims 2 and 19, Sahin discloses the apparatus of claim 1, wherein the one or more processors are further individually or collectively configured to receive information indicating a sequence of phases (e.g. Sahin, Fig. 12 and para [0182]: an indication field (MIF) and repeated PPDU identifications may be used and the signal carries encoded information of signature sequences), wherein the second information is associated with the sequence of phases (e.g. Sahin, Fig. 12 and para [0182]: wherein, the MIF is based on BPSK, QPSK modulations)
RE claim 3, Sahin discloses the apparatus of claim 2, wherein an initial time interval of the signal is in an on duration of the OOK modulation (e.g. Sahin, Fig. 2C, and para [0104], [0143]: an initial time interval of the signal is in an on duration.)
RE claim 4, Sahin discloses the apparatus of claim 1, wherein the second information is in one or more on durations of the OOK modulation (e.g. Fig. 3 of Sahin illustrate a second information is in on another on duration of the OOK modulation.)
RE claim 5, Sahin discloses the apparatus of claim 1, wherein the second information indicates a transmit power of the signal (e.g. Fig. 6 and Para [0140] of Sahin : … transmit power of the signal).
RE claim 6, Sahin discloses the apparatus of claim 5, wherein the second information indicates the transmit power of the signal relative to a transmit power of another signal.
RE claims 7, 8, Sahin discloses the apparatus of claim 1, wherein the second information comprises a target UE identifier (e.g. Sahin, Fig. 11 and para [0173]-[0174]: the preamble fields include plurality of l-Sigs for target identification of the receivers)
RE claims 9, 10. Sahin disclose the apparatus of claim 1, wherein the second information comprises a cell identifier associated with a network node from which the signal is received (e.g. Sahin, Fig. 19 and Paras [0211]-[0213])
RE claims 11-13. Sahin discloses the apparatus of claim 1, wherein the OOK modulation uses Manchester coding (e.g. Sahin, Fig. 2B and Para [0011]), wherein the signal comprises an on duration and an off duration that collectively indicate a bit value of the first information (e.g. Sahin, Fig. 5 and Para [0090], [0091] [0093]: includes on and an off durations which indicate a bit value of the information for the Ap), and wherein the second information indicates whether the on duration indicates a first value or a second value of the bit value and the beam identifier comprises a reference signal identifier (e.g. Sahin, Fig. 5 and Para [0093]: on duration indicates a value or a second value that is different);
RE claims 14. Sahin discloses the apparatus of claim 1, wherein the signal comprises at least one of a low power wakeup signal or a low-power synchronization signal (e.g. Sahin, Para [0093]: due to the low-power operation requirement, wake-up radio (WUR) utilizes on-off keying (OOK) signal with Manchester coding.)
RE claim 15, Sahin discloses the apparatus of claim 1, wherein the apparatus comprises an ambient Internet of Things device (e.g. Sahin, paras [0037], [0099]: Internet of Things device).
RE claim 16, Cancelled.
RE claim 17, Sahin disclose the apparatus of claim 1, wherein the first information is associated with a sequence of amplitudes (e.g. Sahin, Paras [0135], [0150]), and wherein the one or more processors, to communicate in accordance with the first information and the second information, are configure to synchronize with a network node in accordance with the sequence of amplitudes (e.g. Sahin, Figs. 5, 7 and Paras [0093], [01015], [0143]: aligns the symbol boundaries in time for different channels, wherein the narrow band signal (i.e. first information) is modulated using OOK such that the signal includes a sequence defined by on & off durations).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are (See the attached Notice of References Cited (PTO-892)). These prior arts are considered pertinent because they relate generally to the field of data communication devices and more particularly relates to communication devices comprising at least a demodulator for detecting envelope of an intermediate signal.
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action, and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERHANU TADESE whose telephone number is (571)272-2478. The examiner can normally be reached Monday - Friday (9 - 5 PM EST).
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/BERHANU TADESE/Primary Examiner, Art Unit 2632
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