DETAILED ACTION
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement submitted on 04/07/2025 has been considered and made of record by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
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Claims 1-4 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 of U.S. Patent No. US 12,273,179. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2 of U.S. Patent No. US 12,273,179 disclose all the subject matters claimed in claims 1-2 of the instant application, except that a processor transmits the signals. However, the transmitter cited in claim 1 of Patent No. 12,273,179 can be interpreted as a processor, since it performs more than just a random transmission act. Regarding claims 3 and 4 of the instant application, although the claims at issue are not identical, they are not patentably distinct from each other because claims 3-4 of U.S. Patent No. US 12,273,179 disclose all the subject matters claimed in claims 3-4 of the instant application.
Instant Application
12,273,179
1. A transmitting apparatus comprising: a signal processor; and a transmitter, wherein using the transmitter, the signal processor: transmits a first signal carrying transmission data and a second signal carrying the transmission data, wherein the first signal and the second signal are transmitted simultaneously using a first subcarrier group and a second subcarrier group included in an orthogonal frequency-division multiplexing (OFDM) frame, respectively, and the OFDM frame includes a control signal indicating a number of signals that carry the transmission data and are transmitted simultaneously.
2. The transmitting device according to claim 1, wherein the OFDM frame includes a training signal to perform directivity control.
3. A transmitting method performed by a transmitting apparatus, the transmitting method comprising: transmitting a first signal carrying transmission data; and transmitting a second signal carrying the transmission data, wherein the first signal and the second signal are transmitted simultaneously using a first subcarrier group and a second subcarrier group included in an orthogonal frequency-division multiplexing (OFDM) frame, respectively, and the OFDM frame includes a control signal indicating a number of signals that carry the transmission data and are transmitted simultaneously.
4. The transmitting method according to claim 3, wherein the OFDM frame includes a training signal to perform directivity control.
1. A transmitting apparatus comprising: a signal processor that, in operation, generates a first modulated signal sequence by modulating a first data stream; and a transmitter that, in operation, transmits a first signal carrying the first modulated signal sequence and a second signal carrying the first modulated signal sequence; wherein the first signal and the second signal are transmitted simultaneously by using a first subcarrier group and a second subcarrier group included in an orthogonal frequency-division multiplexing (OFDM) frame, respectively; and the OFDM frame includes a control signal for notifying a number of signals which carry the first modulated signal sequence and are transmitted simultaneously.
2. The transmitting apparatus according to claim 1, wherein the OFDM frame includes a training signal to perform directivity control.
3. A transmitting method performed by a transmitting apparatus, the transmitting method comprising: generating a first modulated signal sequence by modulating a first data stream; transmitting a first signal carrying the first modulated signal sequence and a second signal carrying the first modulated signal sequence; wherein the first signal and the second signal are transmitted simultaneously by using a first subcarrier group and a second subcarrier group included in an orthogonal frequency-division multiplexing (OFDM) frame, respectively; and the OFDM frame includes a control signal for notifying a number of signals which carry the first modulated signal sequence and are transmitted simultaneously.
4. The transmitting method according to claim 3, wherein the OFDM frame includes a training signal to perform directivity control.
Claims 1 and 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 6 of U.S. Patent No. 11,671,166 in view of Nakamura et al. (hereinafter, referred to as Nakamura) (US 2013/0100914). Claims 2 and 6 of U.S. Patent No. 11,671,166 disclose all the subject matters disclosed in claims 1 and 3 of the instant application except that the first and second signals are transmitted by using a first subcarrier group and a second subcarrier group (the transmitter cited in claim 1 of US 11,671,166 can be interpreted as a processor since it performs more than just a random transmission act). Nakamura, in the same field of endeavor, discloses a transmitting apparatus (see Fig. 2) comprising: a signal processor (see Fig. 2, block 202) that, in operation, generates a first modulated signal sequence by modulating a first data stream (see paragraphs 0052 and 0055); and a transmitter (see the combination of all the transmitting antennas, 209-0 – 209-Nt-1) that, in operation, transmits a first signal carrying the first modulated signal sequence and a second signal carrying the first modulated signal sequence (see paragraphs 0012, 0052-0053, 0141, and 0153 and Figs. 2 and 3B); wherein the first signal and the second signal are transmitted simultaneously by using a first subcarrier group and a second subcarrier group (see Fig. 3B, paragraphs 0007 and 0012, and claim 8) included in an orthogonal frequency-division multiplexing (OFDM) frame, respectively (see Fig. 1, blocks 207, paragraphs 0050, 0072, 0073, and 0142). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of claims 2 and 6 of U.S. Patent No. 11,671,166, as suggested by Nakamura, in order to reduce the interference in the communication system.
Instant Application
11,671,166
1. A transmitting apparatus comprising: a signal processor; and a transmitter, wherein using the transmitter, the signal processor: transmits a first signal carrying transmission data and a second signal carrying the transmission data, wherein the first signal and the second signal are transmitted simultaneously using a first subcarrier group and a second subcarrier group included in an orthogonal frequency-division multiplexing (OFDM) frame, respectively, and the OFDM frame includes a control signal indicating a number of signals that carry the transmission data and are transmitted simultaneously.
3. A transmitting method performed by a transmitting apparatus, the transmitting method comprising: transmitting a first signal carrying transmission data; and transmitting a second signal carrying the transmission data, wherein the first signal and the second signal are transmitted simultaneously using a first subcarrier group and a second subcarrier group included in an orthogonal frequency-division multiplexing (OFDM) frame, respectively, and the OFDM frame includes a control signal indicating a number of signals that carry the transmission data and are transmitted simultaneously.
A transmitting device which comprises a plurality of antenna units, the transmitting device comprising: a signal processor that, in operation, generates a first modulated signal sequence by modulating a first data stream; and a transmitter that, in operation, transmits a first signal carrying the first modulated signal sequence from a first antenna unit and transmits a second signal carrying the first modulated signal sequence from a second antenna unit; wherein the first signal and the second signal are transmitted simultaneously by using a part of a frequency resources included in an orthogonal frequency-division multiplexing (OFDM) frame, the first antenna unit is selected by a first terminal device, and a weighting factor used to transmit the second signal is determined by a second terminal device different from the first terminal device.
The transmitting device according to claim 1, wherein the OFDM frame includes a control signal for notifying a number of signals which carry the first modulated signal sequence.
5. A transmitting method performed by a transmitting device which comprises a plurality of antenna units, the transmitting method comprising: generating a first modulated signal sequence by modulating a first data stream; transmitting a first signal carrying the first modulated signal sequence from a first antenna unit; and transmitting a second signal carrying the first modulated signal sequence from a second antenna unit; wherein the first signal and the second signal are transmitted simultaneously by using a part of a frequency resources included in an orthogonal frequency-division multiplexing (OFDM) frame, the first antenna unit is selected by a first terminal device, and a weighting factor used to transmit the second signal is determined by a second terminal device different from the first terminal device.
6. The transmitting method according to claim 5, wherein the OFDM frame includes a control signal for notifying a number of signals which carry the first modulated signal sequence.
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.
Claims 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura, in view of Kopmeiners et al. (hereinafter, referred to as Kopmeiners) (US 2006/0251193).
As to claims 1 and 3, Nakamura discloses a transmitting apparatus (see Fig. 2) comprising: a signal processor (see Fig. 2, the entire figure is interpreted as a processor); and a transmitter (see the combination of all the transmitting antennas, 209-0 – 209-Nt-1), wherein using the transmitter, the signal processor: transmits a first signal carrying the first modulated signal sequence and a second signal carrying the first modulated signal sequence (see paragraphs 0012, 0052-0053, 0141, and 0153, and Figs. 2 and 3B); wherein the first signal and the second signal are transmitted simultaneously by using a first subcarrier group and a second subcarrier group (see Fig. 3B, paragraphs 0007 and 0012, and claim 8, see also paragraphs 0050 and 0062) included in an orthogonal frequency-division multiplexing (OFDM) frame, respectively (see Fig. 1, blocks 207, paragraphs 0050, 0072, 0073, and 0142). Nakamura discloses all the subject matters claimed in claims 1 and 3, except that the OFDM frame includes a control signal indicating a number of signals that carry the transmission data. Kopmeiners, in the same field of endeavor, discloses a MIMO communication system, where the system is using an OFDM technology (see paragraph 0026). Kopmeiners further discloses that the OFDM frame includes a control signal indicating a number of signals that carry the transmission data (see paragraphs 0026 and 0039-0041 “If the number of transmit antennas in a MIMO mode can dynamically vary within a service area (BSS or IBSS), and it is not determined by the access point to 1 or N (per Beacon), it would be helpful for the PHY to have an early indication of the number of antennas. A solution to this would be a field after the SIGNAL field that indicates the number of transmit antennas and the number of long training fields that follow”, here the number of antennas is equal to the number of signals transmitted from those antennas simultaneously. Therefore, the indication of the number of antennas also indicates the number of signals that carry transmission data). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of Nakamura, as suggested by Kopmeiners, in order to increase the performance of the communication system by providing an early indication of the number of signals/antennas.
Claims 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura and Kopmeiners, further in view of Wang et al. (hereinafter, referred to as Wang) (CN 101582747).
As to claims 2 and 4, Nakamura and Kopmeiners disclose all the subject matters claimed in claims 2 and 4, except that the OFDM frame includes a training signal to perform directivity control. Wang, in the same field of endeavor, discloses a communication system/method for generating OFDM frames (see Fig. 4, see also the description of Fig. 4 on page 11). The data frame structure shown in Fig. 4 is divided into a beam training part (directivity control) and a data transmission part (see Fig. 4 and page 11, lines 6-17). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention was made to modify the teachings of Nakamura and Komeiners, as suggested by Wang, in order to increase the performance of the system by enabling the system to find an optimal beam for transmission or reception.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEILA MALEK whose telephone number is (571)272-8731. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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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.
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LEILA . MALEK
Examiner
Art Unit 2632
/LEILA MALEK/Primary Examiner, Art Unit 2632
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