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 .
DETAILED ACTION
Claims 1-20 are pending in this action.
.
Information Disclosure Statement
The information disclosure statement (IDS) was not submitted for consideration.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,244,416. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 12,244,416
As per claim 1:
As per claim 12:
As per claim 20:
A communication system, comprising:
An apparatus comprising:
A method, comprising
one or more decoding circuits … to determine one or more locations of one or more errors in a data block;
a comparator circuit .. compare a number of the one or more locations of the one or more errors in the data block with a number of expected errors in the data block and output a result as first output; and
a switching circuit configured to initiate a retransmission request for the data block based on at least the first output from the comparator circuit.
As per claim 1:
A communication system, comprising:
one or more decoding circuits to m … determine one or more locations of one or more errors in the data block;
a comparator circuit to compare a number of the one or more locations of the one or more errors in the data block with a number of expected errors in the data block and output a result as a second output;
a switching circuit to initiate a retransmission request for the data block based on at least the second output.
one or more cyclic redundancy check (CRC) circuits to perform a CRC based on the first output and a CRC code generated based on the data block to generate a third output; and .
As per claim 7:
As per claim 18:
one or more cyclic redundancy check (CRC) circuits configured to perform a comparison of a CRC value in the data block with a CRC value from the second output.
As per claim 1 : continued
one or more cyclic redundancy check (CRC) circuits to perform a CRC based on the first output and a CRC code generated based on the data block to generate a third output; and .
As per claim 5:
As per claim 16:
wherein the one or more decoding circuits … to perform forward error correction for the data block to generate second output.
As per claim 1: (Continued)
one or more decoding circuits to perform forward error correction for a data block to generate a first output
As per claim 2:
As per claim 13:
wherein the one or more decoding circuits … to perform Reed-Solomon decoding.
As per claim 2:
wherein the one or more decoding circuits perform a Reed-Solomon decoding.
As per claim 3:
As per claim 14:
wherein the one or more decoding circuits … perform a Chien search.
As per claim 3:
wherein the one or more decoding circuits perform a Chien search.
As per claim 4:
As per claim 15:
wherein the switching circuit … to initiate the retransmission request based on only the first output.
As per claim 9:
wherein the switching circuit initiates the retransmission request based on the fourth output.
One of ordinary skill in the art would clearly recognize independent claims of current application is an obvious variation of the claimed subject matter of independent claims of patent US 12,244,416.
Specifically, both claims of the current application and claims patent US 12,244,416 discloses one or more decoding circuits configured to determine one or more locations of one or more errors in a data, a comparator circuit configured to compare a number of the one or more locations of the one or more errors in the data block with a number of expected errors …a switching circuit configured to initiate a retransmission request for the data block based on…the comparator circuit.
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 (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 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.
Claim(s) 1-2, 4-13, 15-20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2023/0,198,607), in view of Rothermel et al (US 2018/0,091,332)
As per claim 1:
As per claim 12:
As per claim 20:
Yang discloses:
A communication system, comprising:
An apparatus comprising:
A method, comprising:
(Yang, Figs 1-7B)
one or more decoding circuits configured to determine one or more locations of one or more errors in a data block;
(Yang, [0044]…BLER determining logic 610 may decode each messages from … use a cyclic redundancy check (CRC) code or other error check code to determine a BLER associated with each block received …)
a comparator circuit configured to compare a
(Yang, Fig. 7A, step 720/740 BLER > Target BLER == YES)
(Yang, [0051]…base station 130-1 receives the acknowledgement message and determines if the reliability and/or error rate associated with the transmission is greater than target reliability/error rate threshold (block 720). …determine if the BLER is greater than the target BLER of 0.00001)
a switching circuit configured to initiate a retransmission request for the data block
(Yang, Fig. 7A, step 730 Change MCS; Retransmit Message)
(Yang, [0053] In each case, base station 130-1 may use the modified MCS index value and retransmit the message using the modified MCS corresponding to the new/modified MCS index value (block 730).
based on at least the first output from the comparator circuit.
(Yang, Fig. 7A, step 720/740 BLER > Target BLER == YES)
(Yang, [0053] In each case, base station 130-1 may use the modified MCS index value and retransmit the message using the modified MCS corresponding to the new/modified MCS index value (block 730).
Yang discloses a method of comparing between the actual bit error rate and the target bit error rate. However, Yang does not clearly disclose a method of comparing between the actual number of error and the expected number of error.
Rothermel clearly discloses
a method of comparing between the actual number of error and the expected number of error.
(Rothermel, [0076] … receiving a data packet; means for decoding the data packet using forward error correction; means for determining the number of errors in the data packet; means for correcting errors in the data packet using forward error correction when the number of errors is at or below a threshold value; and means for requesting retransmission of the data packet when the number of errors is above the threshold value)
(Rothermel, Fig. 5A, Number of Errors? 516)
(Rothermel, Fig. 5A, Number of Errors? == Above Threshold)
(Rothermel, Fig. 5A, Error Check on Switch Requests Retransmission 520)
It would have been obvious before the effective filing date of the claimed to a person having ordinary skill in the art to incorporate Rothermel’s method between actual number of error and the expected number of error as one of the option to determine whether to request retransmission. As such, the system would able to improve a way for receiving a correct data.
(Rothermel, [0076] … receiving a data packet; means for decoding the data packet using forward error correction; means for determining the number of errors in the data packet; means for correcting errors in the data packet using forward error correction when the number of errors is at or below a threshold value; and means for requesting retransmission of the data packet when the number of errors is above the threshold value)
As per claim 2:
As per claim 13:
Yang-Rothermel further discloses:
wherein the one or more decoding circuits are configured to perform Reed-Solomon decoding.
(Rothermel, [0020] FEC codes for processing data include …Reed-Solomon codes)
As per claim 4:
As per claim 15:
Yang-Rothermel further discloses:
wherein the switching circuit is configured to initiate the retransmission request based on only the first output.
(Yang, Fig. 7A, step 720/740 BLER > Target BLER == YES)
(Yang, [0053] In each case, base station 130-1 may use the modified MCS index value and retransmit the message using the modified MCS corresponding to the new/modified MCS index value (block 730).
(Rothermel, [0076] … receiving a data packet; means for decoding the data packet using forward error correction; means for determining the number of errors in the data packet; means for correcting errors in the data packet using forward error correction when the number of errors is at or below a threshold value; and means for requesting retransmission of the data packet when the number of errors is above the threshold value)
(Rothermel, Fig. 5A, Number of Errors? 516)
(Rothermel, Fig. 5A, Number of Errors? == Above Threshold)
(Rothermel, Fig. 5A, Error Check on Switch Requests Retransmission 520)
As per claim 5:
As per claim 16:
Yang-Rothermel further discloses:
wherein the one or more decoding circuits are configured to perform forward error correction for the data block to generate second output.
(Yang, [0044]…BLER determining logic 610 may decode each messages from … use a cyclic redundancy check (CRC) code or other error check code to determine a BLER associated with each block received …)
As per claim 6:
As per claim 17:
Yang-Rothermel further discloses:
the switching circuit is configured to initiate the retransmission request based on the first output and the second output.
(Yang, Fig. 7A, step 720/740 BLER > Target BLER == YES)
(Yang, [0053] In each case, base station 130-1 may use the modified MCS index value and retransmit the message using the modified MCS corresponding to the new/modified MCS index value (block 730).
(Yang, Fig. 7A, step 720/740 BLER > Target BLER == YES)
(Yang, [0053] In each case, base station 130-1 may use the modified MCS index value and retransmit the message using the modified MCS corresponding to the new/modified MCS index value (block 730).
(Rothermel, [0076] … receiving a data packet; means for decoding the data packet using forward error correction; means for determining the number of errors in the data packet; means for correcting errors in the data packet using forward error correction when the number of errors is at or below a threshold value; and means for requesting retransmission of the data packet when the number of errors is above the threshold value)
(Rothermel, Fig. 5A, Number of Errors? 516)
(Rothermel, Fig. 5A, Number of Errors? == Above Threshold)
(Rothermel, Fig. 5A, Error Check on Switch Requests Retransmission 520)
As per claim 7:
As per claim 18:
Yang-Rothermel further discloses:
one or more cyclic redundancy check (CRC) circuits configured to perform a comparison of a CRC value in the data block with a CRC value from the second output.
Yang, [0044]…BLER determining logic 610 may decode each messages from … use a cyclic redundancy check (CRC) code or other error check code to determine a BLER associated with each block received …)
As per claim 8:
As per claim 19:
Yang-Rothermel further discloses:
a logic circuit configured to generate third output based on the first output and output of the one or more CRC circuits.
Yang, [0044]…BLER determining logic 610 may decode each messages from … use a cyclic redundancy check (CRC) code or other error check code to determine a BLER associated with each block received …)
As per claim 9:
As per claim 19:
Yang-Rothermel further discloses:
wherein the switching circuit is configured to initiate the retransmission request based on the first output and the third output.
(Yang, Fig. 7A, step 720/740 BLER > Target BLER == YES)
(Yang, [0053] In each case, base station 130-1 may use the modified MCS index value and retransmit the message using the modified MCS corresponding to the new/modified MCS index value (block 730).
(Yang, Fig. 7A, step 720/740 BLER > Target BLER == YES)
(Yang, [0053] In each case, base station 130-1 may use the modified MCS index value and retransmit the message using the modified MCS corresponding to the new/modified MCS index value (block 730).
(Rothermel, [0076] … receiving a data packet; means for decoding the data packet using forward error correction; means for determining the number of errors in the data packet; means for correcting errors in the data packet using forward error correction when the number of errors is at or below a threshold value; and means for requesting retransmission of the data packet when the number of errors is above the threshold value)
(Rothermel, Fig. 5A, Number of Errors? 516)
(Rothermel, Fig. 5A, Number of Errors? == Above Threshold)
(Rothermel, Fig. 5A, Error Check on Switch Requests Retransmission 520)
As per claim 10:
Yang-Rothermel further discloses:
wherein initiating the retransmission request of the data block comprises transmitting the retransmission request.
(Yang, Fig. 7A, step 720/740 BLER > Target BLER == YES)
(Yang, [0053] In each case, base station 130-1 may use the modified MCS index value and retransmit the message using the modified MCS corresponding to the new/modified MCS index value (block 730).
As per claim 11:
Yang-Rothermel further discloses:
a data source configured to transmit the data block to the one or more decoding circuits.
(Yang, Fig. 7A Transmit Message to UAV)
Claim(s) 3 and 14 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2023/0,198,607), in view of Rothermel et al (US 2018/0,091,332), in view of Lauer (US 2004/0,073,861)
As per claim 3:
As per claim 14:
Yang-Rothermel further discloses:
wherein the one or more decoding circuits are configured to perform a
(Yang, [0044]…BLER determining logic 610 may decode each messages from … use a cyclic redundancy check (CRC) code or other error check code to determine a BLER associated with each block received …)
However, Yang does not clearly mention Chien-Search as one of the decoder.
Lauer discloses:
Chien-Search as one of the decoder.
(Lauer [0044] T…implementing a typical Reed Solomon decoding algorithm. Error coordinates need to be located within a codeword, that is, determining which bytes within a codeword are in error. Syndromes are first computed, which are quantities computed from receive coordinates and prove helpful in the algorithm process. The error locator polynomial is then constructed using the well-known Berlekamp Massey algorithm, which gives a quantity that is passed on to the next step, namely, performing a Chien search. The Chien search determines which bytes within a codeword had an error)
It would have been obvious before the effective filing date of the claimed to a person having ordinary skill in the art to incorporate Lauer’s Chien Search into the decoder of Yang-Rothermel in order to search determines which bytes within a codeword had an error.
(Lauer [0044] T…implementing a typical Reed Solomon decoding algorithm. Error coordinates need to be located within a codeword, that is, determining which bytes within a codeword are in error. Syndromes are first computed, which are quantities computed from receive coordinates and prove helpful in the algorithm process. The error locator polynomial is then constructed using the well-known Berlekamp Massey algorithm, which gives a quantity that is passed on to the next step, namely, performing a Chien search. The Chien search determines which bytes within a codeword had an error)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN DANG NGUYEN whose telephone number is (571)272-9189. The examiner can normally be reached Monday-Friday 7 AM - 3:30 PM.
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, Mark Featherstone can be reached on 571-270-3750. 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.
/Thien Nguyen/ Primary Examiner, Art Unit 2111
Prosecution Insights