UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/216,641
`
`07/21/2016
`
`Daichi Imamura
`
`733456.414C2
`
`7872
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`BOKHARI' SYED M
`
`ART UNIT
`
`2473
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/18/2019
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0,7709 A0170” Summary
`
`Application No.
`15/216,641
`Examiner
`SYED M BOKHARI
`
`Applicant(s)
`Imamura et al.
`Art Unit
`2473
`
`AIA (FITF) Status
`No
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
`
`Status
`
`1). Responsive to communication(s) filed on 05/16/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] 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)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1,3—11 and 13—20 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) 1,3—11 and 13—20 is/are rejected.
`
`[:1 Claim(s)
`
`is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. 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
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] 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). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)I:J Some**
`
`c)C] None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2.[:] 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
`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)
`
`1) C] Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190710
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 2
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`DETAILED ACTION
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Response to Amendment
`
`2.
`
`The applicant’s amendment filed on May 6th, 2019 has been entered. Claims 1,
`
`3-11 and 13-20 are pending in the application.
`
`Double Parenting
`
`3.
`
`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
`
`obviousness-type 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); and In re Thorington, 418 F.2d 528, 163 USPQ
`
`644 (CCPA 1969).
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 3
`
`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 conflicting 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.
`
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`
`37 CFR 3.73(b).
`
`4.
`
`Claims 1, 8-11 and 18-20 are rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 1, 3, 8, 10 and 12
`
`of issued application lmamura et al., US. Patent No. 9,432,972 82 (lmamura’972
`
`hereinafter). Although the conflicting claims are not identical, they are not patentably
`
`distinct from each other because the subject matter claimed in the instant application is
`
`covered by the issued patent lmamura’972.
`
`Regarding claims
`
`the difference between the conflicting claims of the instant
`
`application and issued patent, lmamura’972, are set forth in the discussion below.
`
`Instant Application 15/216,641
`
`Patent 9,432,972 B2
`
`Claim 1. mobile station comprising: a
`
`Claim 1. A radio transmission
`
`receiver, which, in operation, receives
`
`apparatus comprising: an uplink
`
`and control information, the coding
`
`an index indicating a transmission
`
`scheduler which,
`
`format; circuitry, which, in operation,
`
`in operation, determines an uplink
`
`executes coding processing of data
`
`transmission format and selects an index
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 4
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`processing including a code rate
`
`corresponding to the determined uplink
`
`adjustment for the data, wherein the
`
`transmission format, the uplink
`
`code rate adjustment for the data is
`
`transmission format including a transport
`
`performed by changing a number of bits
`
`block size (TB size) for user data; a
`
`of the data depending on whether or
`
`transmitter which, in operation, transmits
`
`not the control information is to be
`
`the index to a mobile station; and a
`
`
`
`transmitted together with the data; and
`
`receiver which, in operation, receives the
`
`a transmitter, which, in operation,
`
`user data and control information,
`
`transmits the data and the control
`
`which are coded using the uplink
`
`information, of which the coding
`
`transmission format and which are
`
`processing is executed.
`
`transmitted together from the mobile
`
`station, the control information being one
`
`or both of an acknowledgement/negative-
`
`acknowledgement (ACK/NACK) and a
`
`channel quality indicator (CQI), wherein a
`
`code rate of the user data for the TB
`
`size of the uplink transmission format
`
`indicated by the index is adjusted
`
`depending on whether the user data is
`
`transmitted from the mobile station
`
`together with the CQI, with the
`
`ACK/NACK, or with both of the CQI and
`
`ACK/NACK as the control information.
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 5
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`Claim 8. wherein the transmission
`
`Claim 3. wherein transmission
`
`format includes a transport block size
`
`parameters of TB size and a
`
`for the data and a modulation scheme.
`
`modulation scheme are included in the
`
`Claim 18. wherein the transmission
`
`uplink transmission format.
`
`format includes a transport block size
`
`for the data and a modulation scheme.
`
`Claim 9. wherein the transport block
`
`Claim 8. wherein the TB size for the
`
`size for the data is not varied
`
`user data is not varied depending on
`
`depending on the control information
`
`what control information is transmitted
`
`to be transmitted together with the
`
`with the user data.
`
`adjusting the code rate.
`
`data.
`
`Claim 19. wherein the transport block
`
`size for the data is not varied
`
`depending on the control information
`
`to be transmitted together with the
`
`data.
`
`Claim 10. wherein the coding
`
`Claim 10. wherein a rate matching is
`
`processing includes a rate matching
`
`performed for the user data by
`
`for the data.
`
`Claim 20. wherein the coding
`
`processing includes a rate matching
`
`for the data.
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 6
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`Claim 11. A communication method
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`Claim 12. A radio transmission method
`
`comprising: receiving, by a mobile
`
`comprising: determining an uplink
`
`station, an index indicating a
`
`transmission format and selecting an
`
`transmission format; executing, by the
`
`index corresponding to the determined
`
`mobile station, coding processing of
`
`uplink transmission format, the uplink
`
`data and control information, the
`
`transmission format including a
`
`coding processing including a code rate
`
`transport block size (TB size) for user
`
`adjustment for the data, wherein the
`
`data;
`
`transmitting the index to a
`
`
`
`code rate adjustment for the data
`
`mobile station; and receiving the user
`
`includes changing a number of bits of the
`
`data and control information, which
`
`data depending on whether or not the
`
`are
`
`control information is to be
`
`coded using the uplink transmission
`
`transmitted together with the data; and
`
`format and which are transmitted
`
`transmitting, by the mobile station, the
`
`together
`
`data and the control information, of
`
`from the mobile station, the control
`
`which the coding processing is
`
`information being one or both of an
`
`executed.
`
`acknowledgement/negative-
`
`acknowledgement (ACK/NACK) and a
`
`channel quality
`
`indicator (001), wherein a code rate of
`
`the user data for the TB size of the
`
`uplink transmission format indicated
`
`by the index is adjusted depending on
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 7
`
`whether the user data is transmitted
`
`information.
`
`from the mobile station together with
`
`the
`
`CQI, with the ACK/NACK, or with both of
`
`the CQI and ACK/NACK as the control
`
`lmamura’972 discloses a radio transmitting apparatus and radio transmission
`
`method for performing uplink band allocation through scheduling.
`
`Regarding claim 1, lmamura’972 discloses a mobile station comprising: a
`
`receiver, which, in operation, receives an index indicating a transmission format;
`
`circuitry, which, in operation, executes coding processing of data and control
`
`information, the coding processing including a code rate adjustment for the data,
`
`wherein the code rate adjustment for the data is performed by changing a number of
`
`bits of the data depending on whether or not the control information is to be transmitted
`
`together with the data; and a transmitter, which, in operation, transmits the data and the
`
`control information, of which the coding processing is executed. (see lmamura’972,
`
`Claim 1).
`
`Regarding claim 8, lmamura’972 discloses wherein the transmission format
`
`includes a transport block size for the data and a modulation scheme (see
`
`lmamura’972, claim 3).
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 8
`
`Regarding claim 9, lmamura’972 discloses wherein the transport block size for
`
`the data is not varied depending on the control information to be transmitted together
`
`with the data (see lmamura’972, claim 8).
`
`Regarding claim 10, lmamura’972 discloses wherein the coding processing
`
`includes a rate matching for the data (see lmamura’972, claim 10).
`
`Regarding claim 11, lmamura’972 discloses communication method comprising:
`
`receiving, by a mobile station, an index indicating a transmission format; executing, by
`
`the mobile station, coding processing of data and control information, the coding
`
`processing including a code rate adjustment for the data, wherein the code rate
`
`adjustment for the data includes changing a number of bits of the data depending on
`
`whether or not the control information is to be transmitted together with the data; and
`
`transmitting, by the mobile station, the data and the control information, of which the
`
`coding processing is executed (see lmamura’972, claim 12).
`
`Regarding claim 18, lmamura’972 discloses wherein the transmission format
`
`includes a transport block size for the data and a modulation scheme (see
`
`lmamura’972, claim 3).
`
`Regarding claim 19, lmamura’972 discloses wherein the transport block size for
`
`the data is not varied depending on the control information to be transmitted together
`
`with the data (see lmamura’972, claim 8).
`
`Regarding claim 20, lmamura’972 discloses wherein the coding processing
`
`includes a rate matching for the data (see lmamura’972, claim 10).
`
`It would have thus been obvious to a person of the ordinary skill in the art at the
`
`time of the invention to incorporate the concept of scanning entropy-decoded signals of
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 9
`
`a first column with priority so that all of the entropy-decoded signals of the first column
`
`are scanned prior to scanning entropy-decoded signals of any other column in response
`
`to the intra prediction mode being a horizontal mode, as disclosed by Seo’892, in the
`
`method and apparatus for providing scanning entropy-decoded signals of a first column
`
`with priority so that all of the entropy-decoded signals of the first column are scanned
`
`prior to scanning entropy-decoded signals of any other column in response to the intra
`
`prediction mode being a horizontal mode. The motivation of using these functions is that
`
`it is more cost effective and dynamic.
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`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 through the invention is not identically
`
`disclosed or described as set forth in section 102 of this title, 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 negatived by the manner in which the invention was made.
`
`7.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied for establishing a background for determining
`
`obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 10
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`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`8.
`
`This application currently names joint inventors. In considering patentability of the
`
`claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter
`
`of the various claims was commonly owned at the time any inventions covered therein
`
`were made absent any evidence to the contrary. Applicant is advised of the obligation
`
`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
`
`not commonly owned at the time a later invention was made in order for the examiner to
`
`consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C.
`
`102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
`
`9.
`
`Claim 1 and 11 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Lane et al. (US 2006/0285481 A1) in view of Maltsev et al. (US
`
`2005/0152465 A1 ).
`
`Lane et al. disclose methods and apparatus for implementing an OFDM system
`
`which uses OFDM tones for communicating uplink signals to base stations with the
`
`following features: regarding claim 1, a mobile station comprising: a receiver, which, in
`
`operation, receives an index indicating a transmission format; circuitry, which, in
`
`operation, executes coding processing of data and control information, the coding
`
`processing including a code rate adjustment for the data, wherein the code rate
`
`adjustment for the data is performed by changing a number of bits of the data
`
`depending on whether or not the control information is to be transmitted together with
`
`the data; and a transmitter, which, in operation, transmits the data and the control
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 11
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`information, of which the coding processing is executed (Fig. 3, a drawing of an
`
`exemplary wireless terminal implemented in accordance in the present invention and
`
`using methods of the present invention, see teachings in [0046, 0048, 0050-0053 &
`
`0056-0057] summarized as “a mobile station comprising: a receiver, which, in operation,
`
`receives an index indicating a transmission format; circuitry, which, in operation,
`
`executes coding processing of data and control information (Le. a mobile station 400
`
`comprising a receiver 402, which, in operation, receives an encoded downlink signals
`
`including coding structure information from a base station, circuitry comprising of a
`
`decoder 414, processor 408, memory 408, routines module 420 and data information
`
`module 422, executes coding processing of data and control information with the help of
`
`their sub-module), the coding processing including a code rate adjustment for the data,
`
`wherein the code rate adjustment for the data is performed by changing a number of
`
`bits of the data depending on Whether or not the control information is to be transmitted
`
`together with the data (i.e. for the coding processing, UL traffic channel
`
`modulation/coding selection module 468 selects and implements the uplink coding rate
`
`and modulation method to be used for an uplink traffic channel segment , for example,
`
`in the UL multi-tone mode, the wireless terminal 400 may support a plurality of user data
`
`rates implemented using different coding rates or in other words selection of different
`
`coding rates for supporting different data rates is the same as of changing of a number
`
`of bits of the data and depending on when control data/user data multiplexing module
`
`450 multiplexes user data information bits with control data bits in a single tone module
`
`432 or not)”).
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 12
`
`Lane et al. is short of expressly teaching “a mobile station comprising: a receiver,
`
`which, in operation, receives an index indicating a transmission format”.
`
`Maltsev et al. disclose a method and system for selecting data rate to provide
`
`uniform bit loading of subcarrier with the following features: regarding claim 1, a mobile
`
`station comprising: a receiver, which, in operation, receives an index indicating a
`
`transmission format (Fig. 2, an index of the data rate in accordance with some
`
`embodiments of the present invention, see teachings in [0109-0111, 0023-0024 & 0026-
`
`0027] summarized as “a mobile station comprising: a receiver, which, in operation,
`
`receives an index indicating a transmission format (i.e. mobile station 100 receives an
`
`index 200 indicating transmission format comprising of column 208 for index of data
`
`rate, column 202 of table 200 lists examples of possible data rates (in bits per second),
`
`column 204 lists modulation types and column 206 lists code rates and for any
`
`particular row, the data rate of column 202 may correspond with the associated
`
`modulation and code rate of columns 204 and 206 respectively, wherein, as illustrated
`
`in fig. 1, the index is received with the receiver circuitry 104, CSI processing circuitry
`
`108 may calculate the subcarrier SNRs and data rate selection circuitry 110 may
`
`estimate throughputs, select, from the index sent by the base station, various data rates
`
`comprising various modulations and code rates and the bit distributions may be based
`
`on a bit loading in accordance with an adaptive bit loading technique)”).
`
`It would have been obvious to one of the ordinary skill in the art at the time of
`
`invention to modify the system of Lane et al. by using the features as taught by Maltsev
`
`et al. in order to provide a more effective and efficient system that is capable of
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 13
`
`providing adaptive coding as per received index. The motivation of using these
`
`functions is that it is more cost effective and dynamic.
`
`Regarding claim 11:
`
`Lane et aI. disclose methods and apparatus for implementing an OFDM system
`
`which uses OFDM tones for communicating uplink signals to base stations with the
`
`following features: regarding claim 1'1, a communication method comprising: receiving,
`
`by a mobile station, an index indicating a transmission format; executing, by the mobile
`
`station, coding processing of data and control information, the coding processing
`
`including a code rate adjustment for the data, wherein the code rate adjustment for the
`
`data includes changing a number of bits of the data depending on whether or not the
`
`control information is to be transmitted together with the data; and transmitting, by the
`
`mobile station, the data and the control information, of which the coding processing is
`
`executed (Fig. 3, a drawing of an exemplary wireless terminal implemented in
`
`accordance in the present invention and using methods of the present invention, see
`
`teachings in [0046, 0048, 0050-0053 & 0056-0057] summarized as “a communication
`
`method comprising: receiving, by a mobile station, an index indicating a transmission
`
`format; executing, by the mobile station, coding processing of data and control
`
`information (Le. a mobile station 400 comprising a receiver 402, which, in operation,
`
`receives an encoded downlink signals including coding structure information from a
`
`base station, circuitry comprising of a decoder 414, processor 408, memory 408,
`
`routines module 420 and data information module 422, executes coding processing of
`
`data and control information with the help of their sub-module), the coding processing
`
`including a code rate adjustment for the data, wherein the code rate adjustment for the
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 14
`
`data includes changing a number of bits of the data depending on whether or not the
`
`control information is to be transmitted together with the data; and transmitting, by the
`
`mobile station, the data and the control information, of which the coding processing is
`
`executed (i.e. for the coding processing, UL traffic channel modulation/coding selection
`
`module 468 selects and implements the uplink coding rate and modulation method to be
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`used for an uplink traffic channel segment , for example, in the UL multi-tone mode, the
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`wireless terminal 400 may support a plurality of user data rates implemented using
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`different coding rates or in other words selection of different coding rates for supporting
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`different data rates is the same as of changing of a number of bits of the data and
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`depending on when control data/user data multiplexing module 450 multiplexes user
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`data information bits with control data bits in a single tone module 432 or not)”).
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`Lane et al. is short of expressly teaching “a mobile station comprising: receiving,
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`by a mobile station, an index indicating a transmission format”.
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`Maltsev et al. disclose a method and system for selecting data rate to provide
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`uniform bit loading of subcarrier with the following features: regarding claim 11, a mobile
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`station comprising: receiving, by a mobile station, an index indicating a transmission
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`format (Fig. 2, an index of the data rate in accordance with some embodiments of the
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`present invention, see teachings in [0109-0111, 0023-0024 & 0026-0027] summarized
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`as “a mobile station comprising: receiving, by a mobile station, an index indicating a
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`transmission format (i.e. mobile station 100 receives an index 200 indicating
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`transmission format comprising of column 208 for index of data rate, column 202 of
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`table 200 lists examples of possible data rates (in bits per second), column 204 lists
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`modulation types and column 206 lists code rates and for any particular row, the data
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`rate of column 202 may correspond with the associated modulation and code rate of
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`columns 204 and 206 respectively, wherein, as illustrated in fig. 1, the index is received
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`with the receiver circuitry 104, CSI processing circuitry 108 may calculate the subcarrier
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`SNRs and data rate selection circuitry 110 may estimate throughputs, select, from the
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`index sent by the base station, various data rates comprising various modulations and
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`code rates and the bit distributions may be based on a bit loading in accordance with an
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`adaptive bit loading technique)”).
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`It would have been obvious to one of the ordinary skill in the art at the time of
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`invention to modify the system of Lane et al. by using the features as taught by Maltsev
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`et al. in order to provide a more effective and efficient system that is capable of
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`providing adaptive coding as per received index. The motivation of using these
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`functions is that it is more cost effective and dynamic.
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`10.
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`Claims 4-5, 8, 14-15 and 18 are rejected under pre-AIA 35 U.S.C. 103(a) as
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`being unpatentable over Lane et al. (US 2006/0285481 A1) in view of Maltsev et al. (US
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`2005/0152465 A1) as applied to claims 1 and 11 above, and further in view Dotting et
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`al. (US 2006/0133402 A1 ).
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`Lane et al. and Maltsev et al. disclose the claimed limitations as described in
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`paragraph 9 above. Lane et al. and Maltsev et al. do not expressly disclose the
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`following features: regarding claim 4, wherein the control information is one or both of
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`an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality
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`indicator (CQI) to be transmitted together with the data; regarding claim 5, wherein the
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`code rate adjustment for the data is performed by changing the number of bits of the
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`data depending on whether the data is transmitted together with at least one of the CQI
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`and the ACK/NACK or without either of the CQI and the ACK/NACK; regarding claim 8,
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`wherein the transmission format includes a transport block size for the data and a
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`modulation scheme; regarding claim 14, wherein the control information is one or both
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`of an acknowledgement/negative-acknowledgement (ACK/NACK) and a channel quality
`
`indicator (CQI) to be transmitted together with the data; regarding claim 15, wherein the
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`code rate adjustment for the data includes changing the number of bits of the data
`
`depending on whether the data is transmitted together with at least one of the CQI and
`
`the ACK/NACK or without either of the CQI and the ACK/NACK; regarding claim 18,
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`wherein the transmission format includes a transport block size for the data and a
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`modulation scheme.
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`Dotting et al. disclose a method for transmitting data via a radio data channel, in
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`which data transmission parameters are adjusted as a function of the quality of the
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`radio data channel with the following features: regarding claim 4, wherein the control
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`information is one or both of an acknowledgement/negative-acknowledgement
`
`(ACK/NACK) and a channel quality indicator (CQI) to be transmitted together with the
`
`data (Fig. 3, illustrates an extract from a CQI mapping table, see teachings in [0022,
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`0049 & 0066-0067] summarized as “ACK/NACK is a control information and CQI is data
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`are transmitted together”); regarding ciaim 6, wherein the code rate adjustment for the
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`data is performed by changing the number of bits of the data depending on whether the
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`data is transmitted together with at least one of the CQI and the ACK/NACK or without
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`either of the CQI and the ACK/NACK (Fig. 3, illustrates an extract from a CQI mapping
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`table, see teachings in [0049 & 0066-0067] summarized as “modulation and coding
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`system is used based on a channel quality message CQI, as the code rate can be
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`calculated from the number of codes and the size of the transport block in bits which is
`
`change with the changing of the TB size as shown in the table of the fig”); regarding
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`claim 8, wherein the transmission format includes a transport block size for the data and
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`a modulation scheme (Fig. 3, illustrates an extract from a CQI mapping table, see
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`teachings in [0042 & 0110-0113] “as illustrated in the fig. the transport format (TF)
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`includes transport block size for the data and a modulation scheme”); ”); regarding claim
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`14, wherein the control information is one or both of an acknowledgement/negative-
`
`acknowledgement (ACK/NACK) and a channel quality indicator (CQI) to be transmitted
`
`together with the data (Fig. 3, illustrates an extract from a CQI mapping table, see
`
`teachings in [0022, 0049 & 0066-0067] summarized as “ACK/NACK is a control
`
`information and CQI is data are transmitted together”); regarding claim 15, wherein the
`
`code rate adjustment for the data includes changing the number of bits of the data
`
`depending on whether the data is transmitted together with at least one of the CQI and
`
`the ACK/NACK or without either of the CQI and the ACK/NACK (Fig. 3, illustrates an
`
`extract from a CQI mapping table, see teachings in [0049 & 0066-0067] summarized as
`
`“modulation and coding system is used based on a channel quality message CQI, as
`
`the code rate can be calculated from the number of codes and the size of the transport
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`block in bits which is change with the changing of the TB size as shown in the table of
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`the fig”); regarding claim 18, wherein the transmission format includes a transport block
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`size for the data and a modulation scheme (Fig. 3, illustrates an extract from a CQI
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`mapping table, see teachings in [0042 & 0110-0113] “as illustrated in the fig. the
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`transport format (TF) includes transport block size for the data and a modulation
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`scheme).
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`It would have been obvious to one of the ordinary skill in the art at the time of
`
`invention to modify the system of Lane et al. with Maltsev et al. by using the features as
`
`taught by Dotting et al. in order to provide a more effective and efficient system that is
`
`capable of transmitting ACK/NACK and a CQI together with the data and transmission
`
`format includes a transport block size for the data and a modulation scheme. The
`
`motivation of using these functions is that it is more cost effective and dynamic.
`
`11.
`
`Claims 6, 10, 16 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Lane et al. (US 2006/0285481 A1) in view of Maltsev et al. (US
`
`2005/0152465 A1) and Dotting et al. (US 2006/0133402 A1) as applied to claims 1 and
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`11 above, and further in view Heo et al. (U