`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`14/630,210
`
`02/24/2015
`
`MASATAKA IRIE
`
`731156462
`
`9493
`
`Seed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`NGUYEN, BAO G
`
`PAPER NUIVIBER
`
`ART UNIT
`
`2461
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/08/2017
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patentinfo @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/630,210 IRIE ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`StatusYes BAO G. NGUYEN 2461
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
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`1)IZI Responsive to communication(s) filed on 12/27/16.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`
`5)IZI Claim(s) 1,2 and 4-6 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s) 1,2 and4-6 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'I’\WIIW.usnto. ovI’ atents/init events/
`
`
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`i1/index.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)|Xl The drawing(s) filed on 02/24/15 is/are: a)lX| accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)IXI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)IZl All
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`b)|:l Some” c)I:l None of the:
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`1.IXI Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`
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`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20170428
`
`

`

`Application/Control Number: 14/630,210
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`Page 2
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`Art Unit: 2461
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`1.
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
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`DETAILED ACTION
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`Response to Arguments
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`1.
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`Applicant’s arguments, see pg 6-9 filed 12/27/16, with respect to the rejection(s)
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`of claim(s) 1 under U.S.C. 102 have been fully considered and are persuasive.
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`Therefore, the rejection has been withdrawn. However, upon further consideration, a
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`new ground(s) of rejection is made in view of Kim (Pub No 20080219194) to teach " the
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`first combination of beams supporting a throughput of the wireless communication
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`system that is larger than the throughput of the wireless communication system
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`supported by a second combination of beams”
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`Regarding claim 1, Applicant argues that Stirling-Gallacher does not disclose:
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`“A wireless communication method for performing communication in a wireless
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`communication system between a respective plurality of base stations and a
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`corresponding plurality of terminal stations, each base station using a plurality of
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`beams, the method comprising: communicating between the plurality of base stations
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`and corresponding terminal stations using a first combination of beams selected from
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`the stored information representing the plurality of combinations of beams for the
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`plurality of base stations, the first combination of beams supporting a throughput of the
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`wireless communication system that is larger than the throughput of the wireless
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`communication system supported by a second combination of beams, the first
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`

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`Application/Control Number: 14/630,210
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`Page 3
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`Art Unit: 2461
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`combination of beams being a combination in which the throughput of the wireless
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`communication system is a maximum, and the second combination of beams including
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`a beam having a maximum throughput among the stored information representing the
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`plurality of combinations of beams for the plurality of base stations.”
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`However Stirling-Galacher states “the beams can quickly be switched to the next
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`beam combination which has the next highest values in the list” (para [0046]). Stirling-
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`Galacher teaches ordering and selecting beams based on a performance value (e.g.
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`packet error rate (PER), bit error rate (BER)) (para [0016]). Though Stirling-Galacher
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`does not specifically state “throughput”, the performance values (PER, BER) affect the
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`transmission throughput. Furthermore it is implicit that a beam with a maximum
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`performance would be in the beam combination with the highest value and the beam
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`combination with the second highest value. Hence Stirling-Galacher teaches the
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`limitation “the first combination of beams supporting a throughput of the wireless
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`communication system that is larger than the throughput of the wireless communication
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`system supported by a second combination of beams the first combination of beams...
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`the second combination of beams including a beam having a maximum throughput
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`among the stored information representing the plurality of combinations of beams for
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`the plurality of base stations”.
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`

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`Application/Control Number: 14/630,210
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`Page 4
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`Art Unit: 2461
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`Claim Rejections - 35 USC § 103
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`1.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`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.
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`Claim 1-2, 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over
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`Stirling-Gallacher (Pub No 20100210219), and further in view of Kim (Pub No
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`20080219194).
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`Regarding claim 1 and 4 and 6,
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`Stirling-Gallacher teaches a wireless communication method for performing
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`communication between a respective plurality of base stations and a corresponding
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`plurality of terminal stations, each base station using a plurality of beams, the method
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`comprising:
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`selectively switching a combination of beams used by the respective base
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`stations among a plurality of combinations of beams and transmitting, synchronously
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`and sequentially, training frames to the plurality of terminal stations (interpreted as the
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`soft values of all antenna combinations can be stored in a table as a ranked list.
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`This list may also be stored at the transmitter additionally or supplementary, see
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`para [0153]);
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`

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`Application/Control Number: 14/630,210
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`Page 5
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`Art Unit: 2461
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`storing information representing the plurality of combinations of beams for the
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`plurality of base stations based on a result of reception of the training frames; and
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`a communication unit that communicates between a plurality of base stations
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`and corresponding terminal stations using a first combination of beams selected from
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`the stored information representing the plurality of combinations of beams for the
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`plurality of base stations, the first combination of beams supporting a throughput of the
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`wireless communication system that is larger than the throughput of the wireless
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`communication system supported by a second combination of beams the first
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`combination of beams being a combination in which the throughput of the wireless
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`communication system is a maximum, (interpreted as During the feedback burst, the
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`receiver identifies the antenna beams with the best transmission quality and
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`sends these results to the transmitter via a back channel. The results are
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`favorably forwarded in form of an ordered list of the best transmitter possibilities,
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`see para [0085]. Also see performance may be quantified as, packet error rate
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`(PER), bit error rate (BER) or some other quality measurement, see para [0099]),
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`the second combination of beams including a beam having a maximum throughput
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`among the stored information representing the plurality of combinations of beams for
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`the plurality of base stations (interpreted as the beams can quickly be switched to
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`the next beam combination which has the next highest values in the list, see para
`
`[0046]. Also see alternatively tracking can be performed, which involves re-
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`testing a set of beam combinations with the highest values in the list, which
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`update their soft values and then uses the beam combination with the latest
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`

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`Application/Control Number: 14/630,210
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`Page 6
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`Art Unit: 2461
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`highest value for final data transmission, see para [0048]).
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`It is implicit that the
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`beam with the highest value would be in the first combination and second
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`combination)
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`However Stirling-Gallacher does not teach the combination of beams being a
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`combination in which the throughput of the wireless communication system is a
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`maximum.
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`Kim teaches the combination of beams being a combination in which the
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`throughput of the wireless communication system is a maximum (interpreted as
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`generating terminal groups using the selected terminals, each terminal group
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`including terminals having the same beam subset index, calculating a throughput
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`of each of the terminal groups to determine which terminal group has the
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`maximum throughput, generating random beam vectors corresponding to
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`terminals included in the terminal group determined to have the maximum
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`throughput, and transmitting data for terminals, included in the terminal group
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`determined to have the maximum throughput, over the corresponding generated
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`random beam vectors, see para [0016])
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`It would have been obvious for one of ordinary skill in the art to combine the
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`selecting of the best performing beam combination as taught by Stirling-Gallacher with
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`the selecting of beams having the maximum throughput as taught by Kim since it would
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`have been a simple modification to produce expected results of selecting beam
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`combinations using throughput.
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`

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`Application/Control Number: 14/630,210
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`Page 7
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`Art Unit: 2461
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`Regarding claim 2,
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`Stirling-Gallacher in view of Kim teaches the wireless communication method
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`according to Claim 1, wherein the result of the reception of the training frames includes
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`a beam number (interpreted as after each iteration the number of predetermined
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`antenna beams to be used is reduced; therefore, the number of antenna beams
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`used in the transmitter training burst 31a (Q CSF) is larger than the number of
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`antenna beams used in the transmitter training burst 31b (N CSF). This is the
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`same for the receiver training burst 33a (Q CSF), which is larger than the number
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`of antenna beams used in the receiver training burst 33b (N CSF). Formula wise,
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`it can be written S<M<N<Q, whereby each of the letters 8, M, N, O is a natural
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`number and stands for a number of beams to be tested during its own iteration,
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`see para [0080] and fig. 4) and an SN ratio (interpreted as favorably, the evaluation
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`of the at least one signal link depends on the signal power, the signal to noise
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`ratio, see Stirling-Gallacher para [0080])
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`Regarding claim 5,
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`Stirling-Gallacher teaches a wireless communication method for performing
`
`communication by a wireless communication system between a respective plurality of
`
`base stations and a corresponding plurality of terminal stations, each base station using
`
`a plurality of beams, the method comprising:
`
`selectively switching a combination of beams used by the respective base
`
`stations among a plurality of combinations of beams and transmitting, synchronously
`
`

`

`Application/Control Number: 14/630,210
`
`Page 8
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`Art Unit: 2461
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`and sequentially, training frames to the plurality of terminal stations (interpreted as the
`
`soft values of all antenna combinations can be stored in a table as a ranked list.
`
`This list may also be stored at the transmitter additionally or supplementary, see
`
`para [0153]);
`
`storing information representing the plurality of combinations of beams for the
`
`plurality of base stations based on a result of reception of the training frames
`
`(interpreted as Additionally, the soft values of at least one or of all antenna
`
`combinations are stored at the receiver and/or at the transmitter in a memory unit
`
`as a ranked list, see para [0046]; and
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`communicating between the plurality of base stations and corresponding terminal
`
`stations with a first combination of beams selected from the stored information
`
`representing the plurality of combinations of beams for the plurality of base stations
`
`(interpreted as During the feedback burst, the receiver identifies the antenna
`
`beams with the best transmission quality and sends these results to the
`
`transmitter via a back channel. The results are favorably forwarded in form of an
`
`ordered list of the best transmitter possibilities, see para [0085],
`
`However Stirling-Gallacher does not teach each of the first combination of beams
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`being a beam having a signal to noise ratio equal or greater than a threshold value.
`
`Kim teaches each of the first combination of beams being a beam having a signal
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`to noise ratio equal or greater than a threshold value (interpreted as A random
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`beamforming scheme based on PCSI selects users with a SINR greater than a
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`

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`Application/Control Number: 14/630,210
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`Page 9
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`Art Unit: 2461
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`threshold among a plurality of user terminals and transmits data thereto., see
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`para [0011],[0016]).
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`It would have been obvious for one of ordinary skill in the art to combine the
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`selecting of the best performing beam combination as taught by Stirling-Gallacher with
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`the selecting of beams having the maximum signal to noise ratio.as taught by Kim since
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`it would have been a simple modification to produce expected results of selecting beam
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`using signal to noise ratio.
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`Conclusion
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`1.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`

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`Application/Control Number: 14/630,210
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`Page 10
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`Art Unit: 2461
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to BAO G. NGUYEN whose telephone number is
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`(571 )272—7732. The examiner can normally be reached on Mon - Fri, 8 am - 5 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Huy Vu can be reached on 571 -272-31 55. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/BAO G NGUYEN/
`
`Examiner, Art Unit 2461
`
`/Omer S Mian/
`
`Primary Examiner, Art Unit 2461
`
`