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 .
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, 21, 22 and 25 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,381,602 in view of Clausen et al (US 7830783 B2).
With regards to claim 1, U.S. Patent No. 12,381,602 claim 1 discloses a method of linearizing a transmitter, the method comprising: applying an input signal to a transmission path of the transmitter to produce output signals;, each said distinct transformation function being based on estimated impairments in the transmission path, wherein inputs to each said distinct transformation function include multiple separate signals derived from the input signal; generating, a plurality of transformed signals from each of the distinct transformation functions; and providing predistortion signals to the transmission path using said transformed signals for said linearizing of the transmitter (see U.S. Patent No. 12,381,602 claim 1).
U.S. Patent No. 12,381,602 claim 1 does not specifically disclose forming a plurality of distinct transformation functions operable in parallel in said transmission path the generating step is done in parallel.
However, Clausen et al discloses a multi-carrier data transmission system, which the data symbol is a function of a plurality of signals provided within a predetermined time interval, each of the plurality of signals allocated to a carrier, each carrier occupying at least one frequency from a transmit data spectrum, at least one carrier having at least some reserved data carrying capacity not provided for data transmission, the method comprising: (a) performing an inverse Fourier transformation (IFFT) of the data symbol to be transmitted using a first IFFT module of a second signal path that receives the data symbol in parallel with a first signal path; (b) identifying peak values within a frame of the IFFT-transformed data symbol above a predetermined threshold using a first unit of the second signal path; (c) providing a sample correction function at an output of the first unit; (d) generating one or more vectors by allocating a scaling and phase rotation to the sample correction function according to the amplitude and position of the identified peak values using a second unit of the second signal path; (e) generating a correction signal in the frequency domain from a linear combination of the one or more vectors at an output of the second unit; (f) modifying the peak value of the data symbol to be transmitted by subtracting the correction signal at a combining device arranged to receive the data symbol on the first signal path and to receive the correction signal at an output of the second signal path; and (g) providing the modified data symbol in the time domain at an output of the combining device.
It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the claimed invention to modify the invention of U.S. Patent No. 12,381,602 as taught by Clausen et al to arrive at the claimed invention, forming a plurality of distinct transformation functions operable in parallel in said transmission path the generating step is done in parallel with a reasonable expectation of success, thusreducing error rate.
With regards to claim 21, U.S. Patent No. 12,381,602 claim 1 discloses method of linearizing multiple-input multiple-output (MIMO) transmitter, the method comprising: applying an input signal having multiple separate band signals to a transmission path of the transmitter to produce output signals, and wherein each band corresponds to a branch of the multiple branch MIMO transmitter; using the input signals and the output signals to estimate non-linearities and impairments in the transmitter; forming a plurality of transformation functions based on the estimated non-linearities and impairments in the transmission path; generating a plurality of transformed signals, each being equal to a combination of respective transformation functions applied to multiple separate band signals of the input signals; and providing distortion signals to the transmission path, using said transformed signals, to linearize the transmitter.
U.S. Patent No. 12,381,602 claim 1 does not specifically disclose a multiple branch
However, Clausen et al discloses a multi-carrier data transmission system, which the data symbol is a function of a plurality of signals provided within a predetermined time interval, each of the plurality of signals allocated to a carrier, each carrier occupying at least one frequency from a transmit data spectrum, at least one carrier having at least some reserved data carrying capacity not provided for data transmission, the method comprising: (a) performing an inverse Fourier transformation (IFFT) of the data symbol to be transmitted using a first IFFT module of a second signal path that receives the data symbol in parallel with a first signal path; (b) identifying peak values within a frame of the IFFT-transformed data symbol above a predetermined threshold using a first unit of the second signal path; (c) providing a sample correction function at an output of the first unit; (d) generating one or more vectors by allocating a scaling and phase rotation to the sample correction function according to the amplitude and position of the identified peak values using a second unit of the second signal path; (e) generating a correction signal in the frequency domain from a linear combination of the one or more vectors at an output of the second unit; (f) modifying the peak value of the data symbol to be transmitted by subtracting the correction signal at a combining device arranged to receive the data symbol on the first signal path and to receive the correction signal at an output of the second signal path; and (g) providing the modified data symbol in the time domain at an output of the combining device.
It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the claimed invention to modify the invention of U.S. Patent No. 12,381,602 as taught by Clausen et al to arrive at the claimed invention, a multiple branch with a reasonable expectation of success, thus reducing error rate.
With regards to claim 22, A method of linearizing a transmitter, the method comprising: applying a plurality of input signals to each of a plurality of a corresponding transmission paths of the transmitter to produce output signals; forming a plurality of distinct transformation functions deployed to operate in parallel, each distinct transformation function being based on estimated impairments of the transmitter, wherein inputs to the transformation functions include at least one of, respective ones of the plurality of input signals, and a signal modelling impairments of the transmitter; generating, in parallel, a plurality of transformed signals from each of the distinct transformation functions; and providing predistortion signals to the transmission path for said linearizing of the transmitter by using said transformed signals. .(see similar rejection as in claim 1 above)
With regards to claim 25, A method of linearizing a transmitter, the method comprising: applying an input signal to a transmission path of the transmitter to produce output signals; forming a plurality of distinct transformation functions deployed to operate in parallel in said transmission path, each said distinct transformation function being based on estimated impairments in the transmission path, wherein inputs to each said distinct transformation function include a combination of multiple separate signals, each of which are derived from the input signal; generating, in parallel, a plurality of transformed signals from each of the distinct transformation functions; and providing predistortion signals to the transmission path for said linearizing of the transmitter by using said transformed signals.(see similar rejection as in claim 1 above)
Claim 12 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,381,602 in view of Poustie, Alistair J. (US 20010026387 A1).
With regards to claim 12, U.S. Patent No. 12,381,602 claim 3, discloses A linearizer for a multiple branch multiple-input multiple-output (MIMO) transmitter, comprising: a transmission path of the transmitter for applying input signals having multiple separate signals to produce output signals; a predistorter model generated by using the input signals and the output signals to estimate non-linearities and crosstalk in the transmitter, the model having a plurality of transformation functions based on estimated nonlinearities and crosstalk in the transmission path; and a predistorter configured with said predistorter model for generating a plurality of predistorter signals, each being obtained from a set of respective transformation functions.( see U.S. Patent No. 12,381,602 claim 3).
U.S. Patent No. 12,381,602 claim 3 discloses all of the subject matter discussed above, except for non-linearities and crosstalk.
However, Poustie, Alistair J discloses transmission data pulses may suffer jitter. In [0003], The inability to perform signal regeneration in the optical domain leads to practical scaling limitations for WDM networks due to noise accumulation from optical amplifiers, crosstalk and nonlinearity.
It would have been obvious to one of ordinary skill in the art before the effectivefiling date of the claimed invention to modify the invention of U.S. Patent No. 12,381,602 as taught by Poustie, Alistair J to arrive at the claimed invention, for non-linearities and crosstalk with a reasonable expectation of success, thusreducing error improve communications network.
Allowable Subject Matter
6. Claims 2-11,13-20,23,24,26,27 would be allowable if rewritten to overcome the Double patenting rejection(s), set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
7.The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Gomadam et al (US 20090075686 A1) discloses wireless transmission based on MU-MIMO and two-way training.
8. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELENE E TAYONG whose telephone number is (571)270-1675. The examiner can normally be reached 9am-5pm.
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/HELENE E TAYONG/Primary Examiner, Art Unit 2631 September 30, 2026
