Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
1. Claims 1 and 2 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Clausen (US 2006/0133467) in view of Rhodes (US 2004/0264362).
Regarding claim 1, Clausen discloses a method for receiving a broadcast frame (Paragraph 0006: a technique which is recently becoming more and more significant is multicarrier data transmission which is also known as Discrete MultiTone (DMT) transmission or as Orthogonal Frequency Division Multiplexing (OFDM) transmission. Examples of DMT transmission applications are digital broadcast radio (DAB = digital audio broadcast) and digital television (DVB = digital video broadcast). Figure 1 discloses a receiver.), comprising:
deriving a first control symbol and a second control symbol arranged in this order at a head of the broadcast frame (Figure 7A shows the broadcast frame comprising the plurality of symbols. This is the transmission that is received.);
receiving the first control symbol to derive a first useful part by using a first guard interval part following the first useful part and a first additional guard interval part preceding the first useful part in the first control symbol (Paragraph 0023: Figure 5 shows the cyclic expansion of a DMT symbol. For cyclic expansion, the first LCS samples are appended to the DMT symbol as a cyclic suffix and the last CLP samples are appended before the DMT symbol as a cyclic prefix as illustrated in figure 5. Clausen shows the first control symbol, shown in detail and described in figure 5 of the plurality of control symbols shown in figure 7, will comprise a first guard interval (cyclic suffix) following the first useful part (the middle section of the symbol) and a first additional guard interval part (cyclic prefix) preceding the first useful part of the first control symbol.), the first guard interval part being a copy of at least a portion of the first useful part with frequency shifted by a first amount, the first additional guard interval part being a copy of at least a portion of the first useful part (Paragraph 0023: Figure 5 shows the cyclic expansion of a DMT symbol. For cyclic expansion, the first LCS samples are appended to the DMT symbol as a cyclic suffix and the last CLP samples are appended before the DMT symbol as a cyclic prefix as illustrated in figure 5. The frequency shift is the copying samples of the DMT symbol and appending the copied samples to the DMT symbol.); and
receiving the second control symbol to derive a second useful part by using a second guard interval part preceding the second useful part in the second control symbol, the second guard interval part being a copy of at least a portion of the second useful part (Paragraph 0023: Figure 5 shows the cyclic expansion of a DMT symbol. For cyclic expansion, the first LCS samples are appended to the DMT symbol as a cyclic suffix and the last CLP samples are appended before the DMT symbol as a cyclic prefix as illustrated in figure 5. Clausen shows the second control symbol, shown in detail and described in figure 5 of the plurality of control symbols shown in figure 7, will comprise a second guard interval (cyclic prefix) preceding the second useful part (the middle section of the symbol).) with frequency shifted by a second amount (Paragraph 0023: Figure 5 shows the cyclic expansion of a DMT symbol. For cyclic expansion, the first LCS samples are appended to the DMT symbol as a cyclic suffix and the last CLP samples are appended before the DMT symbol as a cyclic prefix as illustrated in figure 5. The frequency shift is the copying samples of the DMT symbol and adding the copied samples to the DMT symbol.), the second amount being different from the first amount (Clausen discloses the generation of the cyclic prefix and cyclic suffix. Clausen discloses the shifting amount for the cyclic prefix is positive and the shifting amount for the cyclic suffix is negative. Therefore, the second amount is different than the first amount.).
Clausen discloses the DMT received signal is demodulated in paragraph 0010. Clausen does not explicitly state each of the received symbols are demodulated.
Rhodes discloses the OFDM transceiver shown in figure 2. Rhodes discloses OFDM is used because it is a multi-carrier (or Multi-tone) modulation technique where the carriers (tones) are orthogonal. The OFDM symbol 512 may be prolonged by periodically repeating the head 514 and the tail 510 of the symbol. Thus, the packet is prepared for transmission by the transmitter 210 by appending a cyclic prefix to the packet and a cyclic suffix to the packet as stated in paragraph 0025. This is shown in figure 5. Paragraph 0026 discloses the present invention dynamically updates the guard interval to reduce the time for each packet transfer. Since the guard interval must be known a-priori by the target node to demodulate the OFDM symbol, once determined, the guard interval may be communicated between communication device 10 and other devices. Therefore, the removal of the guard intervals are a portion of the demodulating steps and each received OFDM symbol is demodulated.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Rhodes into the method and device of Clausen. By demodulating and determining each OFDM symbol, the information each symbol conveys can be recovered and utilized by the receiver. This will improve the efficiency and effectiveness of the communication system.
In addition, the format of the signal that is to be received by the receiver and demodulated at the receiver is not a component of the receiving device and does not require a specific step to be performed. Therefore, the format of the signal received by the receiver does not limit the scope of the claim.
Regarding claim 2, Clausen discloses a receiving device for receiving a broadcast frame (Paragraph 0006: a technique which is recently becoming more and more significant is multicarrier data transmission which is also known as Discrete MultiTone (DMT) transmission or as Orthogonal Frequency Division Multiplexing (OFDM) transmission. Examples of DMT transmission applications are digital broadcast radio (DAB = digital audio broadcast) and digital television (DVB = digital video broadcast). Figure 1 discloses a receiver.), comprising:
a receiver configured to receive the broadcast frame (Paragraph 0006: a technique which is recently becoming more and more significant is multicarrier data transmission which is also known as Discrete MultiTone (DMT) transmission or as Orthogonal Frequency Division Multiplexing (OFDM) transmission. Examples of DMT transmission applications are digital broadcast radio (DAB = digital audio broadcast) and digital television (DVB = digital video broadcast). Figure 1 discloses a receiver.); and
processing circuitry coupled to the receiver (Figure 1 discloses a receiver. The receiver processes the signal to be received.)and configured to:
deriving a first control symbol and a second control symbol arranged in this order at a head of the broadcast frame (Figure 7A shows the broadcast frame comprising the plurality of symbols. This is the transmission that is received.);
receiving the first control symbol to derive a first useful part by using a first guard interval part following the first useful part and a first additional guard interval part preceding the first useful part in the first control symbol (Paragraph 0023: Figure 5 shows the cyclic expansion of a DMT symbol. For cyclic expansion, the first LCS samples are appended to the DMT symbol as a cyclic suffix and the last CLP samples are appended before the DMT symbol as a cyclic prefix as illustrated in figure 5. Clausen shows the first control symbol, shown in detail and described in figure 5, of the plurality of control symbols shown in figure 7, will comprise a first guard interval (cyclic suffix) following the first useful part (the middle section of the symbol) and a first additional guard interval part (cyclic prefix) preceding the first useful part of the first control symbol.), the first guard interval part being a copy of at least a portion of the first useful part with frequency shifted by a first amount, the first additional guard interval part being a copy of at least a portion of the first useful part (Paragraph 0023: Figure 5 shows the cyclic expansion of a DMT symbol. For cyclic expansion, the first LCS samples are appended to the DMT symbol as a cyclic suffix and the last CLP samples are appended before the DMT symbol as a cyclic prefix as illustrated in figure 5. The frequency shift is the copying samples of the DMT symbol and appending the copied samples to the DMT symbol.); and
receiving the second control symbol to derive a second useful part by using a second guard interval part preceding the second useful part in the second control symbol, the second guard interval part being a copy of at least a portion of the second useful part (Paragraph 0023: Figure 5 shows the cyclic expansion of a DMT symbol. For cyclic expansion, the first LCS samples are appended to the DMT symbol as a cyclic suffix and the last CLP samples are appended before the DMT symbol as a cyclic prefix as illustrated in figure 5. Clausen shows the second control symbol, shown in detail and described in figure 5, of the plurality of control symbols shown in figure 7, will comprise a second guard interval (cyclic prefix) preceding the second useful part (the middle section of the symbol).) with frequency shifted by a second amount (Paragraph 0023: Figure 5 shows the cyclic expansion of a DMT symbol. For cyclic expansion, the first LCS samples are appended to the DMT symbol as a cyclic suffix and the last CLP samples are appended before the DMT symbol as a cyclic prefix as illustrated in figure 5. The frequency shift is the copying samples of the DMT symbol and adding the copied samples to the DMT symbol.), the second amount being different from the first amount (Clausen discloses the generation of the cyclic prefix and cyclic suffix. Clausen discloses the shifting amount for the cyclic prefix is positive and the shifting amount for the cyclic suffix is negative. Therefore the second amount is different than the first amount.).
Clausen discloses the DMT received signal is demodulated in paragraph 0010. Clausen does not explicitly state each of the received symbols are demodulated.
Rhodes discloses the OFDM transceiver shown in figure 2. Rhodes discloses OFDM is used because it is a multi-carrier (or Multi-tone) modulation technique where the carriers (tones) are orthogonal. The OFDM symbol 512 may be prolonged by periodically repeating the head 514 and the tail 510 of the symbol. Thus, the packet is prepared for transmission by the transmitter 210 by appending a cyclic prefix to the packet and a cyclic suffix to the packet as stated in paragraph 0025. This is shown in figure 5. Paragraph 0026 discloses the present invention dynamically updates the guard interval to reduce the time for each packet transfer. Since the guard interval must be known a-priori by the target node to demodulate the OFDM symbol, once determined, the guard interval may be communicated between communication device 10 and other devices. Therefore, the removal of the guard intervals are a portion of the demodulation and each received OFDM symbol is demodulated.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Rhodes into the method and device of Clausen. By demodulating and determining each OFDM symbol, the information each symbol conveys can be recovered and utilized by the receiver. This will improve the efficiency and effectiveness of the communication system.
In addition, the format of the signal that is to be received by the receiver and demodulated at the receiver is not a component of the receiving device and does not require a specific step to be performed. Therefore, the format of the signal received by the receiver does not limit the scope of the claim.
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
2. Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 3 of U.S. Patent No. 10,931,494.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the reference disclose all of the subject matter of the instant claims as well as additional features not required in the instant claims. The more specific anticipates the broader. The reference discloses a OFDM reception method. The method includes a demodulating and decoding step. The method is inherently implemented by a reception means for carrying out the steps recited in the method. The means will be a receiving device and therefore disclose the features of the reception device of instant claim 2. Claim 2 of the reference discloses the frame.
In addition, the format of the signal that is to be received by the receiver and demodulated at the receiver is not a component of the receiving device and does not require a specific step to be performed. Therefore, the format of the signal received by the receiver does not limit the scope of the claim.
3. Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 11,283,662.
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the reference disclose all of the subject matter of the instant claims as well as additional features not required in the instant claims. The more specific anticipates the broader. The reference discloses a OFDM reception device. The device recites method steps. The steps include demodulating and decoding the receiving symbols. Therefore, the method steps of claim 1 are disclosed in addition to the receiving device of claim 1. Claim 2 of the reference discloses the frame.
In addition, the format of the signal that is to be received by the receiver and demodulated at the receiver is not a component of the receiving device and does not require a specific step to be performed. Therefore, the format of the signal received by the receiver does not limit the scope of the claim.
3. Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 1 of U.S. Patent No. 10,218,554 in view of Clausen (US 2006/0133467).
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the reference disclose an OFDM receiver and OFDM receiving method. Claim 1 of the reference discloses the reception device will receive the time domain signal of the first control signal and the time domain signal of the second control signal. The reference discloses the first and second demodulator. The first demodulator will perform frequency shifts as described. Though the reference discloses the additional guard interval part preceding the useful part, the reference does not disclose the guard interval part following the useful part of the first control symbol.
Clausen discloses a method for receiving a broadcast frame (Paragraph 0006: a technique which is recently becoming more and more significant is multicarrier data transmission which is also known as Discrete MultiTone (DMT) transmission or as Orthogonal Frequency Division Multiplexing (OFDM) transmission. Examples of DMT transmission applications are digital broadcast radio (DAB = digital audio broadcast) and digital television (DVB = digital video broadcast). Figure 1 discloses a receiver.), comprising: receiving the first control symbol to derive a first useful part by using a first guard interval part following the first useful part and a first additional guard interval part preceding the first useful part in the first control symbol (Paragraph 0023: Figure 5 shows the cyclic expansion of a DMT symbol. For cyclic expansion, the first LCS samples are appended to the DMT symbol as a cyclic suffix and the last CLP samples are appended before the DMT symbol as a cyclic prefix as illustrated in figure 5. Clausen shows the first control symbol, shown in detail and described in figure 5, of the plurality of control symbols shown in figure 7, will comprise a first guard interval (cyclic suffix) following the first useful part (the middle section of the symbol) and a first additional guard interval part (cyclic prefix) preceding the first useful part of the first control symbol.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Clausen into the method of receiving and the receiving device of the reference. Clausen discloses by inserting this safety interval between two successive transmitted symbols, the channel memory is completely switched off, which means that the intersymbol interference (ISI) decreases. By decreasing ISI, the receiver will function with less errors, improving its efficiency.
In addition, the format of the signal that is to be received by the receiver and demodulated at the receiver is not a component of the receiving device and does not require a specific step to be performed. Therefore, the format of the signal received by the receiver does not limit the scope of the claim.
Conclusion
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/KEVIN M BURD/Primary Examiner, Art Unit 2632 6/1/2026
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