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
`
`14/383,021
`
`09/04/2014
`
`Tadashi Yoshida
`
`733456.500USPC
`
`4916
`
`Seed IP Law Group LLP/Panason1e (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`AHMED” ABDULLAHI
`
`ART UNIT
`
`2472
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/29/2019
`
`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.
`14/383,021
`Examiner
`ABDULLAHI AHMED
`
`Applicant(s)
`Yoshida et al.
`Art Unit
`2472
`
`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 20 February 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`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—13 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) fl 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 04 September 2014 is/are: a). accepted or b)D 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)D Some**
`
`C)D 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)
`
`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 20190318
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 2
`
`DETAILED ACTION
`
`The Amendment filed 02/20/2019 has been entered.
`
`Claims 1-13 are pending.
`
`Claims 1-13 are rejected.
`
`1.
`
`2.
`
`3.
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`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 of this title, 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.
`
`5.
`
`The factual inquiries set forth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459 (1966),
`
`that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 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.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`6.
`
`Claims 1, 2, 4, 6, 7, 9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Zhao et al. (US Publication 2012/0213113) in view of Frenne et al. (US Publication 2014/0050159).
`
`With respect to claim 1, Zhao teaches transmission apparatus, comprising:
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 3
`
`control circuitry, which, in operation, selects, based on reception quality calculated by a
`
`communication partner apparatus, one antenna port pair from first antenna port pair comprising two
`
`antenna ports and a second antenna port pair comprising two antenna ports (base station selecting an
`
`antenna port subset for the UE, a subset may be selected from antenna port subsets under a
`
`corresponding grouping mode according to any of the obtained channel state information of the User
`
`Equipment. Paragraph 64)
`
`wherein the first antenna port pair is selected when the reception quality does not satisfy a
`
`reception quality criteria based on one or more reference values and second antenna port pair is
`
`selected when the reception quality satisfies the reception quality criteria, (an antenna port subset
`
`whose path loss to the UE meet a preset condition may be selected according to information on the
`
`path loss between the current UE and each antenna port subset (the information on the path loss may
`
`be inferred according to the geographic location information of the UE or may be obtained from the
`
`uplink information of the UE), Paragraph 49. The base station selects a new transmission mode for the
`
`UE according to the channel state information of the UE, the base station informs the UE to feedback
`
`channel state information for only the antenna port applicable to the transmission mode. Definitely,
`
`after a transmission mode is selected for the UE, another transmission mode may be selected for the UE
`
`according to new state information. In this case, a corresponding antenna port subset may be selected
`
`again, and then the UE is informed to measure the antenna port subset and perform feedback,
`
`Paragraph 63.) the first antenna port pair being an antenna port pair in which power boosting is
`
`applied to the reference signals, (power boosting may be performed for the reference signal of the
`
`antenna port subset applicable to the CoMP mode, Paragraph 60) the second antenna port pair being
`
`an antenna port pair in which power boosting is not applied to the reference signals(power boosting
`
`may not be performed for the reference signal of the antenna port subset not applicable to the CoMP
`
`mode, Paragraph 60); and
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 4
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`transmission circuitry, coupled to the control circuitry, which, in operation, transmits the
`
`reference signals from the selected antenna port pair. (Each subset of the antenna ports may send the
`
`reference signal according to the configured mode, Paragraph 62)
`
`Zhao doesn’t teach an antenna port pair in which reference signals are not mutually code-
`
`multiplexed and the second antenna port pair being an antenna port pair in which the reference
`
`signals are code-multiplexed
`
`Frenne teaches an antenna port pair in which reference signals are not mutually code-
`
`multiplexed and the second antenna port pair being an antenna port pair in which the reference
`
`signals are code-multiplexed (reference signals for antenna port 1 (AP-1) and antenna port 2 (AP-2) are
`
`code division multiplexed in the resource elements denoted R7 in FIG. 3, and that the reference signals
`
`antenna port 3 (AP-3) and antenna port 4 (AP-4) are code division multiplexed in the resource elements
`
`denoted R9 in FIG. 3. However, it should be understood that the concepts described here apply
`
`generally to any number of antenna ports, which may be code multiplexed in a different manner or not
`
`code multiplexed at all, Paragraph 91)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Selecting antenna ports of Zhao with Code multiplexing as taught by Frenne. The motivation
`
`for combining Zhao and Frenne is to be able to support the increased number of antennas and
`
`beamforming in multiple layers of transmission.
`
`With respect to claim 2, Zhao doesn’t teach the control circuitry, in operation, selects the first
`
`antenna port pair when an aggregation level configured in the communication partner apparatus is
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 5
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`equal to or greater than a threshold aggregation level and selects the second antenna port pair when
`
`the aggregation level is less than the threshold aggregation level.
`
`Frenne teaches configuring transmission based on when the control circuitry, in operation, selects
`
`the first antenna port pair when an aggregation level configured in the communication partner
`
`apparatus is equal to or greater than a threshold aggregation level and selects the second antenna
`
`port pair when the aggregation level is less than the threshold aggregation level.
`
`(The aggregation
`
`level (AL) would be 1 (assuming there are two eREGs in a CCE), FIG. 16(b) would correspond to AL=2 and
`
`FIG. 16(c) would correspond to AL=4.
`
`In this special case, the antenna port to use can be said to depend
`
`on the aggregation level of the control channel, Paragraph 94)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Selecting antenna ports of Zhao with Code multiplexing as taught by Frenne. The motivation
`
`for combining Zhao and Frenne is to be able to support the increased number of antennas and
`
`beamforming in multiple layers of transmission.
`
`With respect to claim 4, Zhao doesn’t teach the control circuitry, in operation, selects the first
`
`antenna port pair when a number of control channel elements used for the communication partner
`
`apparatus among a plurality of control channel elements forming one physical channel resource block
`
`is equal to or greater than a threshold number of control channel elements, and selects the second
`
`antenna port pair when the number of the control channel elements is less than the threshold
`
`number of control channel elements.
`
`Frenne teaches when a number of control channel elements used for the reception apparatus
`
`among a plurality of control channel elements forming one physical channel resource block is equal to
`
`or greater than a threshold, and when the number of the control channel elements is less than the
`
`threshold number of control channel elements. (Antenna port is used depends on the hypothesis on
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 6
`
`the CCE aggregation level and consequently also the number of used eREGs, Paragraph 78. PRB pair
`
`which supports either 1 CCE, 2 CCE, or 4 CCE D-transmission. The upper four eREGs are prioritized for D-
`
`transmission, see FIG. 19(a). However, in case of a 4-CCE transmission which covers both D-type and L-
`
`type eREGs, D-transmission will be prioritized, Paragraph 101)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Selecting antenna ports of Zhao with Code multiplexing as taught by Frenne. The motivation
`
`for combining Zhao and Frenne is to be able to support the increased number of antennas and
`
`beamforming in multiple layers of transmission.
`
`With respect to claim 6, Zhao teaches one of the first antenna port pair and the second antenna
`
`port pair is associated with each of a plurality of resources allocatable to the communication partner
`
`apparatus; (The base station performs radio resource scheduling for the received downlink channel
`
`state information that is fed back by each UE, and decides how to allocate limited time and frequency
`
`resources to each UE, so as to maximize the usage of radio resources, paragraph 4) and the control
`
`circuitry, in operation, selects one of the first antenna port pair and the second antenna port pair, (an
`
`antenna port subset whose path loss to the UE meet a preset condition may be selected according to
`
`information on the path loss between the current UE and each antenna port subset (the information on
`
`the path loss may be inferred according to the geographic location information of the UE or may be
`
`obtained from the uplink information of the UE), Paragraph 49) the one of the first and the second
`
`antenna port pairs being associated with a resource allocated based on the reception quality of the
`
`communication partner apparatus. (the base station performs radio resource scheduling for UE1 and
`
`other UEs according to the channel state information fed back by UE1 and other UEs, Paragraph 67.)
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 7
`
`With respect to claim 7, Zhao teaches the first antenna port pair or the second antenna port pair
`
`is associated with each of a plurality of component carriers allocatable to the communication partner
`
`apparatus; (the resource are subcarriers, Paragraph 3. The base station performs radio resource
`
`scheduling for the received downlink channel state information that is fed back by each UE, and decides
`
`how to allocate limited time and frequency resources to each UE, so as to maximize the usage of radio
`
`resources, paragraph 4) and
`
`the control circuitry, in operation, selects one of the first antenna port pair and the second
`
`antenna port pair, (an antenna port subset whose path loss to the UE meet a preset condition may be
`
`selected according to information on the path loss between the current UE and each antenna port
`
`subset (the information on the path loss may be inferred according to the geographic location
`
`information of the UE or may be obtained from the uplink information of the UE), Paragraph 49) the one
`
`of the first and the second antenna ports pairs being associated with a component carrier allocated
`
`based on the reception quality of the communication partner apparatus., (the base station performs
`
`radio resource scheduling for UE1 and other UEs according to the channel state information fed back by
`
`UE1 and other UEs, Paragraph 67.)
`
`With respect to claim 9, Zhao teaches the control circuitry, in operation, selects the first antenna
`
`port pair when the communication partner apparatus is configured with a first allocation method that
`
`allocates signals in a distributed manner in a frequency domain and selects the second antenna port
`
`pair when the communication partner apparatus is configured with a second allocation method
`
`that allocates signals in a localized manner in a frequency domain. (set of all antenna ports of the base
`
`station may be partitioned into antenna port subsets applicable to different transmission modes. For
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 8
`
`example, some antenna ports may be grouped as an antenna port subset applicable to the COMP mode,
`
`and other antenna ports are grouped as an antenna port subset applicable to a single-cell service mode,
`
`Paragraph 56. When a UE is in the CoMP mode, power boosting (power boosting) needs to be
`
`performed for the transmission power of the reference signal.
`
`In the prior art, the transmission power
`
`of all antenna ports has to be boosted. However, other UEs that belong to the base station may be in
`
`other modes such as the single-cell service mode.
`
`In such modes, high transmission power is not
`
`required, Paragraph 57. )
`
`With respect to claim 11, Zhao teaches A reception apparatus comprising:
`
`reception circuitry, which, in operation, receives reference signals transmitted using a selected
`
`pair of two antenna ports among a plurality of antenna ports included in a communication partner
`
`apparatus; (Each subset of the antenna ports may send the reference signal according to the configured
`
`mode, Paragraph 62) and
`
`control circuitry, coupled to the reception circuitry, wherein the control circuitry, in operation,
`
`calculates a reception quality; (base station selecting an antenna port subset for the UE, a subset may
`
`be selected from antenna port subsets under a corresponding grouping mode according to any of the
`
`obtained channel state information of the User Equipment. Paragraph 64)
`
`identifies, based on the calculated reception quality, one of a first antenna port pair and a second
`
`antenna port pair as the selected pair of antenna ports, wherein the first antenna port pair is
`
`identified when the reception quality does not satisfy a reception quality criteria based on one or
`
`more reference values and the second antenna port pair is identified when the reception quality
`
`satisfies the reception quality criteria; (an antenna port subset whose path loss to the UE meet a preset
`
`condition may be selected according to information on the path loss between the current UE and each
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 9
`
`antenna port subset (the information on the path loss may be inferred according to the geographic
`
`location information of the UE or may be obtained from the uplink information of the UE), Paragraph 49.
`
`The base station selects a new transmission mode for the UE according to the channel state information
`
`of the UE, the base station informs the UE to feedback channel state information for only the antenna
`
`port applicable to the transmission mode. Definitely, after a transmission mode is selected for the UE,
`
`another transmission mode may be selected for the UE according to new state information. In this case,
`
`a corresponding antenna port subset may be selected again, and then the UE is informed to measure
`
`the antenna port subset and perform feedback, Paragraph 63.) and
`
`demodulates a control signal using reference signals in the identified antenna port pair, the first
`
`antenna port pair being an antenna port pair in which power boosting is applied to the reference
`
`signals, (power boosting may be performed for the reference signal of the antenna port subset
`
`applicable to the CoMP mode, Paragraph 60) the second antenna port pair being an antenna port pair
`
`in which power boosting is not applied to the reference signals (power boosting may not be performed
`
`for the reference signal of the antenna port subset not applicable to the CoMP mode, Paragraph 60);
`
`Zhao doesn’t teach an antenna port pair in which reference signals are not mutually code-
`
`multiplexed and the second antenna port pair being an antenna port pair in which the reference
`
`signals are code-multiplexed
`
`Frenne teaches an antenna port pair in which reference signals are not mutually code-
`
`multiplexed and the second antenna port pair being an antenna port pair in which the reference
`
`signals are code-multiplexed (reference signals for antenna port 1 (AP-1) and antenna port 2 (AP-2) are
`
`code division multiplexed in the resource elements denoted R7 in FIG. 3, and that the reference signals
`
`antenna port 3 (AP-3) and antenna port 4 (AP-4) are code division multiplexed in the resource elements
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 10
`
`denoted R9 in FIG. 3. However, it should be understood that the concepts described here apply
`
`generally to any number of antenna ports, which may be code multiplexed in a different manner or not
`
`code multiplexed at all, Paragraph 91)
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Selecting antenna ports of Zhao with Code multiplexing as taught by Frenne. The motivation
`
`for combining Zhao and Frenne is to be able to support the increased number of antennas and
`
`beamforming in multiple layers of transmission.
`
`With respect to claim 12, Zhao teaches A transmission method, comprising:
`
`selecting, based on reception quality calculated by a communication partner apparatus, one
`
`antenna port pair from a first antenna port pair comprising two antenna ports and a second antenna
`
`port pair comprising two antenna ports (base station selecting an antenna port subset for the UE, a
`
`subset may be selected from antenna port subsets under a corresponding grouping mode according to
`
`any of the obtained channel state information of the User Equipment. Paragraph 64)
`
`wherein the first antenna port pair is selected when the reception quality does not satisfy a
`
`reception quality criteria based on one or more reference values and second antenna port pair is
`
`selected when the reception quality satisfies the reception quality criteria, (an antenna port subset
`
`whose path loss to the UE meet a preset condition may be selected according to information on the
`
`path loss between the current UE and each antenna port subset (the information on the path loss may
`
`be inferred according to the geographic location information of the UE or may be obtained from the
`
`uplink information of the UE), Paragraph 49. The base station selects a new transmission mode for the
`
`UE according to the channel state information of the UE, the base station informs the UE to feedback
`
`channel state information for only the antenna port applicable to the transmission mode. Definitely,
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 11
`
`after a transmission mode is selected for the UE, another transmission mode may be selected for the UE
`
`according to new state information. In this case, a corresponding antenna port subset may be selected
`
`again, and then the UE is informed to measure the antenna port subset and perform feedback,
`
`Paragraph 63.) the first antenna port pair being an antenna port pair in which power boosting is
`
`applied to the reference signals, (power boosting may be performed for the reference signal of the
`
`antenna port subset applicable to the CoMP mode, Paragraph 60) the second antenna port pair being
`
`an antenna port pair in which power boosting is not applied to the reference signals(power boosting
`
`may not be performed for the reference signal of the antenna port subset not applicable to the CoMP
`
`mode, Paragraph 60); and
`
`transmitting the reference signals from the selected antenna port pair. (Each subset of the
`
`antenna ports may send the reference signal according to the configured mode, Paragraph 62)
`
`Zhao doesn’t teach an antenna port pair in which reference signals are not mutually code-
`
`multiplexed and the second antenna port pair being an antenna port pair in which the reference
`
`signals are code-multiplexed
`
`Frenne teaches an antenna port pair in which reference signals are not mutually code-
`
`multiplexed and the second antenna port pair being an antenna port pair in which the reference
`
`signals are code-multiplexed (reference signals for antenna port 1 (AP-1) and antenna port 2 (AP-2) are
`
`code division multiplexed in the resource elements denoted R7 in FIG. 3, and that the reference signals
`
`antenna port 3 (AP-3) and antenna port 4 (AP-4) are code division multiplexed in the resource elements
`
`denoted R9 in FIG. 3. However, it should be understood that the concepts described here apply
`
`generally to any number of antenna ports, which may be code multiplexed in a different manner or not
`
`code multiplexed at all. Paragraph 91)
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 12
`
`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
`
`implement Selecting antenna ports of Zhao with Code multiplexing as taught by Frenne. The motivation
`
`for combining Zhao and Frenne is to be able to support the increased number of antennas and
`
`beamforming in multiple layers of transmission.
`
`With respect to claim 13, Zhao teaches A reception method comprising:
`
`receiving reference signals transmitted using a selected pair of two antenna ports among a
`
`plurality of antenna ports included in a communication partner apparatus; (Each subset of the antenna
`
`ports may send the reference signal according to the configured mode, Paragraph 62) and
`
`calculating a reception quality; (base station selecting an antenna port subset for the UE, a subset
`
`may be selected from antenna port subsets under a corresponding grouping mode according to any of
`
`the obtained channel state information of the User Equipment. Paragraph 64)
`
`identifies, based on the calculated reception quality, one of a first antenna port pair and a second
`
`antenna port pair as the selected pair of antenna ports, wherein the first antenna port pair is
`
`identified when the reception quality does not satisfy a reception quality criteria based on one or
`
`more reference values and the second antenna port pair is identified when the reception quality
`
`satisfies the reception quality criteria; (an antenna port subset whose path loss to the UE meet a preset
`
`condition may be selected according to information on the path loss between the current UE and each
`
`antenna port subset (the information on the path loss may be inferred according to the geographic
`
`location information of the UE or may be obtained from the uplink information of the UE), Paragraph 49.
`
`The base station selects a new transmission mode for the UE according to the channel state information
`
`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 13
`
`of the UE, the base station informs the UE to feedback channel state information for only the antenna
`
`port applicable to the transmission mode. Definitely, after a transmission mode is selected for the UE,
`
`another transmission mode may be selected for the UE according to new state information. In this case,
`
`a corresponding antenna port subset may be selected again, and then the UE is informed to measure
`
`the antenna port subset and perform feedback, Paragraph 63.) and
`
`demodulates a control signal using reference signals in the identified antenna port pair, the first
`
`antenna port pair being an antenna port pair in which power boosting is applied to the reference
`
`signals, (power boosting may be performed for the reference signal of the antenna port subset
`
`applicable to the CoMP mode, Paragraph 60) the second antenna port pair being an antenna port pair
`
`in which power boosting is not applied to the reference signals (power boosting may not be performed
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`for the reference signal of the antenna port subset not applicable to the CoMP mode, Paragraph 60);
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`Zhao doesn’t teach an antenna port pair in which reference signals are not mutually code-
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`multiplexed and the second antenna port pair being an antenna port pair in which the reference
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`signals are code-multiplexed
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`Chen teaches an antenna port pair in which reference signals are not mutually code-multiplexed
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`and the second antenna port pair being an antenna port pair in which the reference signals are code-
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`multiplexed (reference signals for antenna port 1 (AP-1) and antenna port 2 (AP-2) are code division
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`multiplexed in the resource elements denoted R7 in FIG. 3, and that the reference signals antenna port 3
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`(AP-3) and antenna port 4 (AP-4) are code division multiplexed in the resource elements denoted R9 in
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`FIG. 3. However, it should be understood that the concepts described here apply generally to any
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`number of antenna ports, which may be code multiplexed in a different manner or not code multiplexed
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`at all, Paragraph 91)
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`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 14
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`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
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`implement Selecting antenna ports of Zhao with Code multiplexing as taught by Frenne. The motivation
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`for combining Zhao and Frenne is to be able to support the increased number of antennas and
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`beamforming in multiple layers of transmission.
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`7.
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`Claims 3 is rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US Publication
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`2012/0213113) in view of Frenne et al. (US Publication 2014/0050159) further in view of Kim et al. (US
`
`Publication 2009/0316807)
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`With respect to claim 3, Zhao teaches the configuration section configures the first antenna port
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`pair and configures the second antenna port pair, (Each subset of the antenna ports may send the
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`reference signal according to the configured mode, Paragraph 62) however doesn’t teach the
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`configuration is based on the reception quality is more favorable when a higher CQI value is reported
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`from the reception apparatus; and when the CQI value is less than a threshold and when the CQI
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`value is equal to or greater than the threshold.
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`Kim teaches the reception quality is more favorable when a higher CQI value is reported from the
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`reception apparatus; and when the CQI value is less than a threshold and when the CQI value is equal
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`to or greater than the threshold CQI. (Paragraph 53, antenna combination is selected based on CQI
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`value being less than or greater than the threshold)
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`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
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`implement Configure antenna ports of Zhao, Frenne with determined CQI level as taught by Kim. The
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`motivation for combining Zhao, Frenne and Kim is to be able to select favorable antenna ports.
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`

`

`Application/Control Number: 14/383,021
`Art Unit: 2472
`
`Page 15
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`8.
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`Claim Sis rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US Publication
`
`2012/0213113) in view Frenne et al. (US Publication 2014/0050159) further in view of Rudolf et al. (US
`
`Publication 2014/0362832)
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`With respect to claim 5, Zhao teaches the configuration section configures the first antenna port
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`pair and configures the second antenna port pair, (Each subset of the antenna ports may send the
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`reference signal according to the configured mode, Paragraph 62) however doesn’t teach the
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`configuration is based on the configuration section configures the first antenna port when a second
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`subframe is configured in the reception apparatus and configures the second antenna port when a
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`first subframe is configured in the reception apparatus, the second subframe being a subframe for
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`which transmission power of a signal from the transmission apparatus is configured to be lower than
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`that for the first subframe.
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`Rudolf teaches the configuration section configures the first antenna port when a second
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`subframe is configured in the reception apparatus and configures the second antenna port when a
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`first subframe is configured in the reception apparatus, the second subframe being a subframe for
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`which transmission power of a signal from the transmission apparatus is configured to be lower than
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`that for the first subframe. (Paragraph 132 and 188, first subframe is configured for first antenna port
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`and second subframe is configured for second antenna port. First subframe is higher transmit power
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`than the second sub frame)
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`Thus it would have been obvious to one of ordinary skill in the art at the time of the invention to
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`implement Configure antenna ports of Zhao and Frenne with d