Prosecution Insights
Last updated: October 02, 2026
Application No. 19/050,801

DATA INTERPRETATION WITH MODULATION ERROR RATIO ANALYSIS

Non-Final OA §102§103§DP
Filed
Feb 11, 2025
Priority
Apr 23, 2014 — continuation of 10/606,676 +3 more
Examiner
BURD, KEVIN MICHAEL
Art Unit
2112
Tech Center
2100 — Computer Architecture & Software
Assignee
Comcast Cable Communications LLC
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
1y 3m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
586 granted / 783 resolved
+19.8% vs TC avg
Moderate +11% lift
Without
With
+11.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
22 currently pending
Career history
812
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
48.4%
+8.4% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
10.7%
-29.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 783 resolved cases

Office Action

§102 §103 §DP
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 1. Claims 1, 2, 4-7, 9, 10, 12, 13, 15-19, 21, 22, 24-27, 29, 30, 32, 33, 35-39, 51, 52, 54-57, 59, 60, 62, 63, 65-69, 88 and 92-94 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Breynaert et al (US 2015/0270856). Regarding claim 1, Breynaert discloses an apparatus, comprising: one or more processors; and a memory storing processor-executable instructions that, when executed by the one or more processors (Paragraph 0085: a single processor or other unit may fulfil the functions of several items recited in the claims. A computer program may be stored on a suitable medium.), cause the apparatus to: receive, by a first computing device from a second computing device, a first data signal (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, by the first computing device based on a mapping of a codeword to a symbol corresponding to a generated portion of the codeword, a second data signal representative of an original data signal sent by the second computing device (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine, by the first computing device based on a difference between the first data signal and the second data signal, a modulation error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 2, Breynaert discloses wherein the first data signal represents distortion or interference of the original data signal sent by the second computing device (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 4, Breynaert discloses wherein the processor-executable instructions, when executed by the one or more processors further cause the apparatus to determine the codeword via a message passing algorithm (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 5, Breynaert discloses wherein the processor-executable instructions, when executed by the one or more processors further cause the apparatus to determine a plurality of symbols corresponding to the generated portion of the codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations.). Regarding claim 6, Breynaert discloses wherein the plurality of symbols comprise the symbol and wherein the plurality of symbols comprise sinusoidal signals (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations, such as PSK, APSK or QAM. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The transmitted symbols are modulated on sinusoidal signals.). Regarding claim 7, Breynaert discloses wherein the second data signal represents an estimation of the original data signal sent by the second computing device (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.). Regarding claim 9, Breynaert discloses an apparatus, comprising: one or more processors; and a memory storing processor-executable instructions that, when executed by the one or more processors (Paragraph 0085: a single processor or other unit may fulfil the functions of several items recited in the claims. A computer program may be stored on a suitable medium.), cause the apparatus to: receive, by a first computing device from a second computing device, a first data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, by the first computing device based on applying at least a portion of a modulation procedure to the first data vector, a second data vector associated with an original data vector sent by the second computing device to the first computing device (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine, by the first computing device based on a difference between the first data vector and the second data vector, a modulation error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 10, Breynaert discloses wherein the first data vector represents distortion or interference of the original data vector sent by the second computing device (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 12, Breynaert discloses wherein the processor-executable instructions, when executed by the one or more processors further cause the apparatus to determine, based on a message passing algorithm, a codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 13, Breynaert discloses wherein the difference between the first data vector and the second data vector comprises a vector distance between the first data vector and the second data vector (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding). Regarding claim 15, Breynaert discloses an apparatus, comprising: one or more processors; and a memory storing processor-executable instructions that, when executed by the one or more processors (Paragraph 0085: a single processor or other unit may fulfil the functions of several items recited in the claims. A computer program may be stored on a suitable medium.), cause the apparatus to: receive, by a first computing device from a second computing device, a plurality of data vectors (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, by the first computing device and based on a mapping between a sent data vector and a codeword, a correspondence between a received data vector of the plurality of data vectors and the sent data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine, by the first computing device based on a difference between the sent data vector and the received data vector, an error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 16, Breynaert discloses wherein one or more of the plurality of data vectors represents distortion or interference of the sent data vector sent by the second computing device (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 17, Breynaert discloses wherein the mapping between the sent data vector and the codeword comprises conversion of bits of the codeword to corresponding in-phase components and quadrature components of the sent data vector (Paragraph 0003: each symbol is selected (referred to as mapping) from an allowed set of complex values, represented by an in-phase and quadrature component (I and Q respectively). The set of possible symbols is called a constellation.). Regarding claim 18, Breynaert discloses wherein the processor-executable instructions, when executed by the one or more processors further cause the apparatus to determine, based on a message passing algorithm, the codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 19, Breynaert discloses wherein the difference between the sent data vector and the received data vector comprises a vector distance between the sent data vector and the received data vector (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding). Regarding claim 21, Breynaert discloses one or more non-transitory computer-readable media storing processor-executable instructions that, when executed by at least one processor (Paragraph 0085: a single processor or other unit may fulfil he functions of several items recited in the claims. A computer program may be stored on a suitable medium.), cause the at least one processor to: receive, by a first computing device from a second computing device, a first data signal (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, by the first computing device based on a mapping of a codeword to a symbol corresponding to a generated portion of the codeword, a second data signal representative of an original data signal sent by the second computing device (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine, by the first computing device based on a difference between the first data signal and the second data signal, a modulation error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 22, Breynaert discloses wherein the first data signal represents distortion or interference of the original data signal sent by the second computing device (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 24, Breynaert discloses wherein the processor-executable instructions further cause the at least one processor to determine the codeword via a message passing algorithm (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 25, Breynaert discloses wherein the processor-executable instructions further cause the at least one processor to determine a plurality of symbols corresponding to the generated portion of the codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encode. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations.). Regarding claim 26, Breynaert discloses wherein the plurality of symbols comprise the symbol and wherein the plurality of symbols comprise sinusoidal signals (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations, such as PSK, APSK or QAM. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The transmitted symbols are modulated on sinusoidal signals.). Regarding claim 27, Breynaert discloses wherein the second data signal represents an estimation of the original data signal sent by the second computing device (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.). Regarding claim 29, Breynaert discloses one or more non-transitory computer-readable media storing processor-executable instructions that, when executed by at least one processor (Paragraph 0085: a single processor or other unit may fulfil he functions of several items recited in the claims. A computer program may be stored on a suitable medium.), cause the at least one processor to: receive, by a first computing device from a second computing device, a first data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, by the first computing device based on applying at least a portion of a modulation procedure to the first data vector, a second data vector associated with an original data vector sent by the second computing device to the first computing device (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine, by the first computing device based on a difference between the first data vector and the second data vector, a modulation error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 30, Breynaert discloses wherein the first data vector represents distortion or interference of the original data vector sent by the second computing device (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 32, Breynaert discloses wherein the processor-executable instructions further cause the at least one processor to determine, based on a message passing algorithm, a codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 33, Breynaert discloses wherein the difference between the first data vector and the second data vector comprises a vector distance between the first data vector and the second data vector (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding). Regarding claim 35, Breynaert discloses one or more non-transitory computer-readable media storing processor-executable instructions that, when executed by at least one processor (Paragraph 0085: a single processor or other unit may fulfil the functions of several items recited in the claims. A computer program may be stored on a suitable medium.), cause the at least one processor to: receive, by a first computing device from a second computing device, a plurality of data vectors (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, by the first computing device and based on a mapping between a sent data vector and a codeword, a correspondence between a received data vector of the plurality of data vectors and the sent data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encode. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine, by the first computing device based on a difference between the sent data vector and the received data vector, an error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 36, Breynaert discloses wherein one or more of the plurality of data vectors represents distortion or interference of the sent data vector sent by the second computing device (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 37, Breynaert discloses wherein the mapping between the sent data vector and the codeword comprises conversion of bits of the codeword to corresponding in-phase components and quadrature components of the sent data vector (Paragraph 0003: each symbol is selected (referred to as mapping) from an allowed set of complex values, represented by an in-phase and quadrature component (I and Q respectively). The set of possible symbols is called a constellation.). Regarding claim 38, Breynaert discloses wherein the processor-executable instructions further cause the at least one processor to determine, based on a message passing algorithm, the codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 39, Breynaert discloses wherein the difference between the sent data vector and the received data vector comprises a vector distance between the sent data vector and the received data vector (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding). Regarding claim 51, Breynaert discloses a system (Figures 8a and 8b), comprising: a first computing device (Figures 8a and 8b: the receiver will receive the transmitted signals.) configured to: receive a first data signal (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, based on a mapping of a codeword to a symbol corresponding to a generated portion of the codeword, a second data signal representative of an original data signal (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine, based on a difference between the first data signal and the second data signal, a modulation error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.); and a second computing device configured to send the first data signal and the original data signal (Figures 8a and 8b: the transmitter will transmit the signals to the receiver.). Regarding claim 52, Breynaert discloses wherein the first data signal represents distortion or interference of the original data signal sent by the second computing device (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 54, Breynaert discloses wherein the first computing device is configured to determine the codeword via a message passing algorithm (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encode. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 55, Breynaert discloses wherein the first computing device is configured to determine a plurality of symbols corresponding to the generated portion of the codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations.). Regarding claim 56, Breynaert discloses wherein the plurality of symbols comprise the symbol and wherein the plurality of symbols comprise sinusoidal signals (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations, such as PSK, APSK or QAM. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The transmitted symbols are modulated on sinusoidal signals.). Regarding claim 57, Breynaert discloses wherein the second data signal represents an estimation of the original data signal sent by the second computing device (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.). Regarding claim 59, Breynaert discloses a system (Figures 8a and 8b), comprising: a first computing device (Figures 8a and 8b: the receiver will receive the transmitted signals.) configured to: receive a first data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, based on applying at least a portion of a modulation procedure to the first data vector, a second data vector associated with an original data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine, by the first computing device based on a difference between the first data vector and the second data vector, a modulation error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.); and a second computing device configured to send the first data vector and the original data vector (Figures 8a and 8b: the transmitter will transmit the signals to the receiver.). Regarding claim 60, Breynaert discloses wherein the first data vector represents distortion or interference of the original data vector sent by the second computing device (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 62, Breynaert discloses wherein the first computing device is configured to determine, based on a message passing algorithm, a codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 63, Breynaert discloses wherein the difference between the first data vector and the second data vector comprises a vector distance between the first data vector and the second data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 65, Breynaert discloses a system (Figures 8a and 8b), comprising: a first computing device (Figures 8a and 8b: the receiver will receive the transmitted signals.) configured to: receive a plurality of data vectors (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, based on a mapping between a sent data vector and a codeword, a correspondence between a received data vector of the plurality of data vectors and the sent data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine, based on a difference between the sent data vector and the received data vector, an error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.); and a second computing device configured to send the plurality of data vectors (Figures 8a and 8b: the transmitter will transmit the signals to the receiver.). Regarding claim 66, Breynaert discloses wherein one or more of the plurality of data vectors represents distortion or interference of the sent data vector sent by the second computing device (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 67, Breynaert discloses wherein the mapping between the sent data vector and the codeword comprises conversion of bits of the codeword to corresponding in-phase components and quadrature components of the sent data vector (Paragraph 0003: each symbol is selected (referred to as mapping) from an allowed set of complex values, represented by an in-phase and quadrature component (I and Q respectively). The set of possible symbols is called a constellation.). Regarding claim 68, Breynaert discloses wherein the first computing device is configured to determine, based on a message passing algorithm, the codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 69, Breynaert discloses wherein the difference between the sent data vector and the received data vector comprises a vector distance between the sent data vector and the received data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encode. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 88, Breynaert discloses an apparatus, comprising: one or more processors; and a memory storing processor-executable instructions that, when executed by the one or more processors (Paragraph 0085: a single processor or other unit may fulfil he functions of several items recited in the claims. A computer program may be stored on a suitable medium.), cause the apparatus to: receive, from a second computing device, a plurality of data vectors (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The transmission is received via the transmission link as shown in figures 8a and 8b.); determine, based on at least a portion of the plurality of data vectors, a codeword (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.); determine, based on applying at least a portion of a mapping procedure to the codeword, a transmitted data vector corresponding to a generated portion of the codeword, wherein the mapping procedure converts bits of the codeword to corresponding in-phase components and quadrature components of the transmitted data vector (Paragraph 0003: each symbol is selected (referred to as mapping) from an allowed set of complex values, represented by an in-phase and quadrature component (I and Q respectively). The set of possible symbols is called a constellation.); determine a received data vector of the plurality of data vectors that corresponds to the transmitted data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. The demapper and decoder in the receiver will recover the originally transmitted data.); and determine based on a difference between the transmitted data vector and the corresponding received data vector, an error ratio (Paragraph 0083: in other embodiments, the modulation error rate (MER) is measured. The MER is defined as the ratio of the root mean square power of the error vector to the power of the reference; the error vector is the difference between the received symbol vector and the corresponding transmitted symbol vector (e.g., obtained after successful decoding); the reference is the predefined constellation used for demapping.). Regarding claim 92, Breynaert discloses wherein the processor-executable instructions that cause the apparatus to determine based on applying at least the portion of the mapping procedure to the codeword, the transmitted data vector corresponding to the generated portion of the codeword further comprises additional processor-executable instructions that further cause the apparatus to: determine, based on the codeword, a plurality of symbols; and determine, based on at least a portion of the plurality of symbols, the transmitted data vector (Figures 8a and 8b: the receiver will demap and decode the received signal.). Regarding claim 93, Breynaert discloses wherein the processor-executable instructions that cause the apparatus to determine the received data vector of the plurality of data vectors that corresponds to the transmitted data vector comprises additional processor-executable instructions that further cause the apparatus to associate a symbol associated with the received data vector with a symbol associated with the transmitted data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). Regarding claim 94, Breynaert discloses wherein the processor-executable instructions that cause the apparatus to determine based on the difference between the transmitted data vector and the corresponding received data vector, the error ratio comprises additional processor-executable instructions that further cause the apparatus to determining a vector distance between the transmitted data vector and the corresponding received data vector (Paragraph 0068: figures 8a and 8b show examples of communication systems for symbol and signal predistortion. Incoming digital data is encoded with a forward error correction encoder. This encoder output is a stream of coded bits which are mapped to symbols belonging to certain constellations. This constellation is called the predefined constellation, as this is the constellation agreed upon by the transmitter and receiver. The information conveyed that allows the transmitter and receiver to agree to the predefined constellation is conveyed via a message passing algorithm.). 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. 2. Claims 3, 11, 23, 31, 53, 61, 89 and 90 are rejected under 35 U.S.C. 103 as being unpatentable over Breynaert et al (US 2015/0270856) in view of Jin et al (US 2015/0110227). Regarding claims 3, 11, 23, 31, 53, 61 and 89, Breynaert discloses the apparatus, media and system stated above. Breynaert discloses wherein the processor-executable instructions, when executed by the one or more processors further cause the apparatus to determine the codeword by decoding, via a forward error correcting code decoder, at least a portion of the first data signal, wherein the first data signal comprises a plurality of codewords as shown in figures 8a and 8b. Breynaert does not disclose using a low density parity check decoder. Jin discloses messages/data are transmitted from a transmitting device to a receiving device over a communication channel in which noise is inherently present. The transmission over a so called noisy communication channel often involves some type of forward error checking/correcting process in order to reduce or eliminate noise inducing errors at the receiving device (paragraph 0002). Paragraph 0003 discloses low density parity check (LDPC) codes are examples of forward error correcting (FEC) codes that may be used in a forward error correcting process on a noisy channel. LDPC codes have been accepted for use in numerous communication standards. Paragraph 0011 provides further information of systems that use LDPC codes. 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 Jin into the apparatus of Breynaert. By using the codes that have been accepted for use in numerous communication standards, the communication system can operate properly and in an efficient and effective manner. Regarding claim 90, Breynaert discloses the apparatus, media and system stated above. Breynaert discloses wherein the processor-executable instructions, when executed by the one or more processors further cause the apparatus to determine the codeword by decoding, via a forward error correcting code decoder, at least a portion of the first data signal, wherein the first data signal comprises a plurality of codewords as shown in figures 8a and 8b. Breynaert does not disclose wherein the processor-executable instructions that cause the apparatus to determine based on the at least the portion of the plurality of data vectors, the codeword comprises additional processor-executable instructions that further cause the apparatus determining at least one log-likelihood ratio. Jin discloses messages/data are transmitted from a transmitting device to a receiving device over a communication channel in which noise is inherently present. The transmission over a so called noisy communication channel often involves some type of forward error checking/correcting process in order to reduce or eliminate noise inducing errors at the receiving device (paragraph 0002). Paragraph 0003 discloses low density parity check (LDPC) codes are examples of forward error correcting (FEC) codes that may be used in a forward error correcting process on a noisy channel. LDPC codes have been accepted for use in numerous communication standards. Paragraph 0011 provides further information of systems that use LDPC codes. Paragraph 0016 discloses the LDPC decoder 55 comprises pilot less noise estimation module 80, a log-likelihood (LLR) generation module 85 and an LDPC module 90. This circuit is shown in the receiver of figure 2 to recover the originally transmitted signal. In order to decode an LDPC code, the LLRs need to be determined as stated in paragraph 0018. 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 Jin into the apparatus of Breynaert. By using the codes that have been accepted for use in numerous communication standards, the communication system can operate properly and in an efficient and effective manner. 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. 3. Claims 1-70 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,042,433. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference discloses the method steps. These method steps are the same steps as recited in the reference. Regarding claims 1-8, 9-14 and 15-20, the reference discloses the method steps recited in claims 1-8, 9-14 and 15-20. The reference does not disclose one or more processors and a memory for executing instructions executed by the one or more processors. However, official notice is taken that executing stored instructions by a processor is known in the art of communication. Utilizing a processor will reduce the complexity and the cost of the components of the elements in the communication system as compared to other hardware components. For these reasons, it would have been obvious for one of ordinary skill in the art to combine the use of a processor and a memory into the method of the reference. Claims 1-20 of the instant application correspond to clams 1-20 of the reference. Regarding claims 21-28, 29-34 and 35-40, the reference discloses the method steps recited in claims 1-8, 9-14 and 15-20. The reference does not disclose one or more non-transitory computer readable media storing processor executable instruction that are executed by the one or more processors. However, official notice is taken that executing stored instructions by a processor is known in the art of communication. Utilizing a processor will reduce the complexity and the cost of the components of the elements in the communication system as compared to other hardware components. For these reasons, it would have been obvious for one of ordinary skill in the art to combine the use of a processor and a memory into the method of the reference. Claims 1-20 of the instant application correspond to clams 21-40 of the reference. Regarding claim 51-58, 59-64 and 65-70, the reference discloses the method steps recited in claims 1-8, 9-14 and 15-20. The reference discloses the first computing device for executing the recited steps. The claims further discloses a second computing device that sends the first data signal and a second computing device that sends the first data signal and the original data. Claims 1-20 of the instant application correspond to clams 51-70 of the reference. 4. Claims 71-80 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,494,249. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference discloses the method steps. These method steps are the same steps as recited in the reference. Regarding claims 71-80, the reference discloses the apparatus stated in claim 11. The apparatus discloses a first computing device receives a first data signal comprising a first timing information from a second computing device. Claim 11 further discloses the original data is sent by the second computing device. Therefore, the claims discloses a system comprising the first and second computing devices. Claims 71-80 of the instant application correspond to claims 11-20 of the reference. 5. Claims 88-94 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-14 of U.S. Patent No. 12,248,359. Although the claims at issue are not identical, they are not patentably distinct from each other because the reference discloses the method steps. These method steps are the same steps as recited in the reference. Regarding claims 88-94, the reference discloses the apparatus recited in claims 8-14. The reference does not disclose one or more processors and a memory for executing instructions executed by the one or more processors. However, official notice is taken that executing stored instructions by a processor is known in the art of communication. Utilizing a processor will reduce the complexity and the cost of the components of the elements in the communication system as compared to other hardware components. For these reasons, it would have been obvious for one of ordinary skill in the art to combine the use of a processor and a memory into the method of the reference. Claims 88-94 of the instant application correspond to clams 8-14 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 9/1/2026
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Prosecution Timeline

Feb 11, 2025
Application Filed
Sep 03, 2026
Non-Final Rejection mailed — §102, §103, §DP (current)

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