`
`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
`
`09/27/2017
`
`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)
`
`

`

`
`Application No.
`Applicant(s)
`
` 14/630,210 IRIE ET AL.
`Office Action Summary
`Examiner
`Art Unit
`AIA (First Inventorto File)
`
`
`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 CFR 1.136(a).
`after SIX (6) 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
`
`1)IXI Responsive to communication(s) filed on 07/26/17.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`2a)I:| 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
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20170920
`
`Disposition of Claims*
`5)|XI Claim(s) 1,2 and 4-6 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s 12, 4-6is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l 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
`htt
`://www.usoto. ov/ atents/init events"
`h/index.‘s
`
`
`
`
`
`or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I 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)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`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)
`
`
`
`

`

`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
`
`under the first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC § 1 12
`
`1.
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`IN GENERAL—The specification shall contain a written description of the
`(a)
`invention, and of the manner and process of making and using it, in such full, clear, concise,
`and exact terms as to enable any person skilled in the art to which it pertains, or with which it
`is most nearly connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventor orjoint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the
`manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly
`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor of carrying out his invention.
`
`2.
`
`Claims 1-2, 4-6 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA),
`
`first paragraph, as failing to comply with the written description requirement. The
`
`claim(s) contains subject matter which was not described in the specification in such a
`
`way as to reasonably convey to one skilled in the relevant art that the inventor or a joint
`
`inventor, or for pre-AIA the inventor(s), at the time the application was filed, had
`
`possession of the claimed invention. The limitation of claim 1 “the beam having the
`
`maximum throughput being excluded from the first combination of beams" is not
`
`described in the specification. The specification states “when a result of previous
`
`combination training predicts that one or more beams will not provide required
`
`

`

`Application/Control Number: 14/630,210
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`Page 3
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`Art Unit: 2461
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`communication quality such as a predetermined threshold value of SNR, such beams
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`are excluded from next beam forming training” (para [0134]). Furthermore, paragraph
`
`[0103]) states that the “estimated throughputs are 0 Mbps when SNR=0 dB, 800 Mbps
`
`when SNR=8 dB, 1000 Mbps when SNR=10 dB, and 1200 Mbps when SNR=12 dB,
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`then the total throughput is 2400 Mbps”. Hence the specification teaches away from the
`
`claims, stating that beams with the lowest SNR/throughput will be excluded from the
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`beam forming training.
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`Response to Arguments
`
`1.
`
`Applicant’s arguments, see pg 6-8 filed 07/26/17, with respect to the rejection(s)
`
`of claim(s) 1 under U.S.C. 102 have been fully considered and are persuasive.
`
`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 Seol (Pub No 20130301454).
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`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.
`
`Claim 1-2, 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Stirling-Gallacher (Pub No 20100210219), and further in view of Kim (Pub No
`
`20080219194) and Seoul (Pub NO 20130301454).
`
`

`

`Application/Control Number: 14/630,210
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`Page 4
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`Art Unit: 2461
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`Regarding claim 1 and 4 and 6,
`
`Stirling-Gallacher teaches a wireless communication method for performing
`
`communication 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
`
`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; and
`
`a communication unit that communicates between a plurality of base stations
`
`and corresponding terminal stations using a first combination of beams selected from
`
`the stored information representing the plurality of combinations of beams for the
`
`plurality of base stations, the first combination of beams supporting a throughput of the
`
`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
`
`combination of beams being a combination in which the throughput of the wireless
`
`communication system is a maximum, (interpreted as During the feedback burst, the
`
`

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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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`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]. Also see performance may be quantified as, packet error rate
`
`(PER), bit error rate (BER) or some other quality measurement, see para [0099]),
`
`the second combination of beams including a beam having a maximum throughput
`
`among the stored information representing the plurality of combinations of beams for
`
`the plurality of base stations (interpreted as the beams can quickly be switched to
`
`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-
`
`testing a set of beam combinations with the highest values in the list, which
`
`update their soft values and then uses the beam combination with the latest
`
`highest value for final data transmission, see para [0048]).
`
`It is implicit that the
`
`beam with the highest value would be in the first combination and second
`
`combination)
`
`However Stirling-Gallacher does not teach the combination of beams being a
`
`combination in which the throughput of the wireless communication system is a
`
`maximum;
`
`the beam having the maximum throughput being excluded from the first
`
`combination of beams.
`
`Kim teaches the combination of beams being a combination in which the
`
`throughput of the wireless communication system is a maximum (interpreted as
`
`

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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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`generating terminal groups using the selected terminals, each terminal group
`
`including terminals having the same beam subset index, calculating a throughput
`
`of each of the terminal groups to determine which terminal group has the
`
`maximum throughput, generating random beam vectors corresponding to
`
`terminals included in the terminal group determined to have the maximum
`
`throughput, and transmitting data for terminals, included in the terminal group
`
`determined to have the maximum throughput, over the corresponding generated
`
`random beam vectors, see para [0016])
`
`It would have been obvious for one of ordinary skill in the art to combine the
`
`selecting of the best performing beam combination as taught by Stirling-Gallacher with
`
`the selecting of beams having the maximum throughput as taught by Kim since it would
`
`have been a simple modification to produce expected results of selecting beam
`
`combinations using throughput.
`
`However Stirling-Gallacher in view of Kim do not teach the beam having the
`
`maximum throughput being excluded from the first combination of beams.
`
`Seol teaches the beam having the maximum throughput being excluded from the
`
`first combination of beams (interpreted as For example, the beam selection metric
`
`may include effective channels for one or more analog beams being carried
`
`through one or more RF chains and average, highest, or lowest SNR of respective
`
`MIMO streams calculated by measuring a channel matrix having the effective
`
`channels as entries, see para [0078]).
`
`

`

`Application/Control Number: 14/630,210
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`Page 7
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`Art Unit: 2461
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`It would have been obvious to one of ordinary skill in the art to combine the beam
`
`combination system as taught by Striling-Gallacher in view of Ko with the beam
`
`selection metric based on SNR/throughput as taught by Seol since it is known in the art
`
`to use a metric such as SNR in maximizing beamforming.
`
`Regarding claim 2,
`
`Stirling-Gallacher in view of Kim and Seol teaches the wireless communication
`
`method according to Claim 1, wherein the result of the reception of the training frames
`
`includes a beam number (interpreted as after each iteration the number of
`
`predetermined antenna beams to be used is reduced; therefore, the number of
`
`antenna beams used in the transmitter training burst 31a (Q CSF) is larger than
`
`the number of antenna beams used in the transmitter training burst 31b (N CSF).
`
`This is the same for the receiver training burst 33a (Q CSF), which is larger than
`
`the number of antenna beams used in the receiver training burst 33b (N CSF).
`
`Formula wise, it can be written S<M<N<Q, whereby each of the letters 8, M, N, O
`
`is a natural number and stands for a number of beams to be tested during its own
`
`iteration, see para [0080] and fig. 4) and an SN ratio (interpreted as favorably, the
`
`evaluation of the at least one signal link depends on the signal power, the signal
`
`to noise ratio, see Stirling-Gallacher para [0080]).
`
`Regarding claim 5,
`
`

`

`Application/Control Number: 14/630,210
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`Page 8
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`Art Unit: 2461
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`Stirling-Gallacher in view of Kim and Seol 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
`
`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
`
`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],
`
`

`

`Application/Control Number: 14/630,210
`
`Page 9
`
`Art Unit: 2461
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`However Stirling-Gallacher does not teach each of the first combination of beams
`
`being a beam having a signal to noise ratio equal or greater than a threshold value.
`
`the combination of beams being a combination in which the throughput of the
`
`wireless communication system is a maximum;
`
`the beam having the maximum throughput being excluded from the first
`
`combination of beams.
`
`Kim teaches the combination of beams being a combination in which the
`
`throughput of the wireless communication system is a maximum (interpreted as
`
`generating terminal groups using the selected terminals, each terminal group
`
`including terminals having the same beam subset index, calculating a throughput
`
`of each of the terminal groups to determine which terminal group has the
`
`maximum throughput, generating random beam vectors corresponding to
`
`terminals included in the terminal group determined to have the maximum
`
`throughput, and transmitting data for terminals, included in the terminal group
`
`determined to have the maximum throughput, over the corresponding generated
`
`random beam vectors, see para [0016]);
`
`each of the first combination of beams being a beam having a signal to noise
`
`ratio equal or greater than a threshold value (interpreted as A random beamforming
`
`scheme based on PCSI selects users with a SINR greater than a threshold among
`
`a plurality of user terminals and transmits data thereto., see para [0011],[0016]).
`
`It would have been obvious for one of ordinary skill in the art to combine the
`
`selecting of the best performing beam combination as taught by Stirling-Gallacher with
`
`

`

`Application/Control Number: 14/630,210
`
`Page 10
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`Art Unit: 2461
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`the selecting of beams having the maximum signal to noise ratio.as taught by Kim since
`
`it would have been a simple modification to produce expected results of selecting beam
`
`using signal to noise ratio.
`
`It would have been obvious for one of ordinary skill in the art to combine the
`
`selecting of the best performing beam combination as taught by Stirling-Gallacher with
`
`the selecting of beams having the maximum throughput as taught by Kim since it would
`
`have been a simple modification to produce expected results of selecting beam
`
`combinations using throughput.
`
`However Stirling-Gallacher in view of Kim do not teach the beam having the
`
`maximum throughput being excluded from the first combination of beams.
`
`Seol teaches the beam having the maximum throughput being excluded from the
`
`first combination of beams (interpreted as For example, the beam selection metric
`
`may include effective channels for one or more analog beams being carried
`
`through one or more RF chains and average, highest, or lowest SNR of respective
`
`MIMO streams calculated by measuring a channel matrix having the effective
`
`channels as entries, see para [0078]).
`
`It would have been obvious to one of ordinary skill in the art to combine the beam
`
`combination system as taught by Striling-Gallacher in view of Ko with the beam
`
`selection metric based on SNR/throughput as taught by Seol since it is known in the art
`
`to use a metric such as SNR in maximizing beamforming.
`
`

`

`Application/Control Number: 14/630,210
`
`Page 11
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`Art Unit: 2461
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`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to BAO G. NGUYEN whose telephone number is
`
`(571)272-7732. The examiner can normally be reached on Mon - Fri, 8 am - 5 pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Huy Vu can be reached on 571 -272-3155. The fax phone number for the
`
`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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`
`/BAO G NGUYEN/
`
`Examiner, Art Unit 2461
`
`/HUY D VU/
`
`Supervisory Patent Examiner, Art Unit 2461
`
`