www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`
`15/216,641
`
`07/21/2016
`
`Dajchi Imamura
`
`733456.414C2
`
`7872
`
`Seed IP Law Group LLP/Panasome
`701 Fifth Avenue, Suite 5400
`Seattle, WASHINGTON 98104
`UNITED STATES OF AMERICA
`
`BOKHARI' SYED M
`
`2473
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/31/2018
`
`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 .Com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/216,641
`Examiner
`SYED M BOKHARI
`
`Applicant(s)
`Imamura et al.
`Art Unit
`2473
`
`AIA 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 03/29/2018.
`[: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 aflowabte. 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)
`
`Notice of References Cited (PTO-892)
`
`2) E] 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 20180717
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 2
`
`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 March 29th, 2018 has been entered.
`
`Claims 1 and 3-11 have been amended. Claims 2 and 12 have been canceled. Claims
`
`1, 3-11 and 13-20 are pending in the application.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`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.
`
`4.
`
`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 3
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`5.
`
`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).
`
`6.
`
`Claim 1 and 11 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Heo et al. (US 7,573,854 B2) in view of Dotting et al. (US
`
`2006/0133402 A1).
`
`Heo et al. disclose a method and apparatus for efficiently determining aid
`
`transmitting control information required for transmitting data 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 information, of which the coding
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 4
`
`processing is executed (Fig. 7, a block diagram illustrating the configuration of a UE
`
`transmitter according to a preferred embodiment of the present invention, see teachings
`
`in [col 14 In 61 -67 & col 15 In 1-41] 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 700 comprising a receiver MAC 701 , which, in
`
`operation, receives a transport format combination (TFC) for use in transmitting input
`
`data, circuitry, which, in operation, comprising of MAC 701, coding units 702 and rate
`
`matching units 710 for processing of data and coding unit 707 and spreader unit 708 for
`
`processing of 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 (i.e. respective data blocks (data
`
`1 and data 2) of the transport channels generated by the MAC layer processor 701 are
`
`input to a multiplexer 711 via the rate matching units 710 after being encoded by coding
`
`units 702 on a transport channel-by-channel basis wherein the rate matching units 710
`
`perform rate matching by puncturing bit (s) on the data blocks according to the physical
`
`channel data bit size, and multiplexer 711 multiplexes the rate-matched transport
`
`channel data and so the multiplexed data has the physical channel data bit size and the
`
`spreader 703 then spreads the multiplexed data using a spreading factor (SF)
`
`determined by the MF/SF determiner 705 and the modulator 704 modulates the spread
`
`data according to a modulation format (MF) determined by the MF/SF determiner 705,
`
`wherein control information containing the determined TBS is transmitted to the Node B
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 5
`
`via a coding unit 707, a spreader 708 and a modulator 709 on a control channel
`
`transmission path for E-DCH) and then the data and the control information are
`
`transmitted together via RF unit 712), and a transmitter, which, in operation, transmits
`
`the data and the control information, of which the coding processing is executed (Le. a
`
`transmitter unit RF 712, which, in operation, transmits the data and the control
`
`information on which the coding operation executed)”).
`
`Heo et al. is short of expressly teaching “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”.
`
`Dotting et al. disclose a method for transmitting data via a radio data channel, in
`
`which data transmission parameters are adjusted as a function of the quality of the radio
`
`data channel with the following features: regarding claim 1, 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 (Fig. 3, illustrates an extract from a CQI mapping table, see teachings in [0043,
`
`0049 & 0066-0067] summarized as “ 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. based on the notified
`
`channel quality the base station adjusts the data transmission parameters, with which
`
`data is transmitted from the base station BS to the mobile station MS wherein the
`
`transmission parameters can, for example, be modulation and coding system, the
`
`coding rate, the transmit power of the base station, etc. the transmission parameters is
`
`received by the mobile station MS which decodes the parameters and arrives at the
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 6
`
`probable original data content or useful data content via a series of probability decisions
`
`and then determines which coded representation this useful data content would ideally
`
`have had and thus establish the extent to which non-ideal channel quality has modified
`
`the data packet during transmission and so an error rate, for example, a block error
`
`rate, can then be determined and accordingly correspondence modulation and coding
`
`scheme based on a channel quality message 001 is used, and so the code rate can be
`
`calculated from the number of codes and the size of the transport block (TB) in bits is
`
`changed with the changing of the TB size as per information shown in the table of the
`
`fig.)”).
`
`It would have been obvious to one of the ordinary skill in the art at the time of
`
`invention to modify the system of Heo et al. by using the coding unit as taught by
`
`Dotting et al. in order to provide a more effective and efficient system that is capable of
`
`transmitting control information together with the data. The motivation of using these
`
`functions is that it is more cost effective and dynamic.
`
`Regarding claim 11:
`
`Heo et al. disclose a method and apparatus for efficiently determining and
`
`transmitting control information required for transmitting data 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
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 7
`
`station, the data and the control information, of which the coding processing is executed
`
`(Fig. 7, a block diagram illustrating the configuration of a UE transmitter according to a
`
`preferred embodiment of the present invention, see teachings in [col 14 In 61 -67 & col
`
`15 In 1-41] 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 700
`
`comprising a receiver MAC 701 , which, in operation, receives a transport format
`
`combination (TFC) for use in transmitting input data, circuitry, which, in operation,
`
`comprising of MAC 701, coding units 702 and rate matching units 710 for processing of
`
`data and coding unit 707 and spreader unit 708 for processing of 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 (i.e. respective data blocks (data 1 and data 2) of the transport channels
`
`generated by the MAC layer processor 701 are input to a multiplexer 711 via the rate
`
`matching units 710 after being encoded by coding units 702 on a transport channel-by-
`
`channel basis wherein the rate matching units 710 perform rate matching by puncturing
`
`bit (s) on the data blocks according to the physical channel data bit size, and multiplexer
`
`711 multiplexes the rate-matched transport channel data and so the multiplexed data
`
`has the physical channel data bit size and the spreader 703 then spreads the
`
`multiplexed data using a spreading factor (SF) determined by the MF/SF determiner
`
`705 and the modulator 704 modulates the spread data according to a modulation format
`
`(MF) determined by the MF/SF determiner 705, wherein control information containing
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 8
`
`the determined TBS is transmitted to the Node B via a coding unit 707, a spreader 708
`
`and a modulator 709 on a control channel transmission path for E-DCH) and then the
`
`data and the control information are transmitted together via RF unit 712), and a
`
`transmitter, which, in operation, transmits the data and the control information, of which
`
`the coding processing is executed (Le. a transmitter unit RF 712, which, in operation,
`
`transmits the data and the control information on which the coding operation
`
`executed)”).
`
`Heo et al. is short of expressly teaching “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”.
`
`Dotting et al. disclose a method for transmitting data via a radio data channel, in
`
`which data transmission parameters are adjusted as a function of the quality of the radio
`
`data channel with the following features: regarding claim 11, 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 (Fig. 3,
`
`illustrates an extract from a CQI mapping table, see teachings in [0043, 0049 & 0066-
`
`0067] summarized as “ 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. based on the notified channel
`
`quality the base station adjusts the data transmission parameters, with which data is
`
`transmitted from the base station BS to the mobile station MS wherein the transmission
`
`parameters can, for example, be modulation and coding system, the coding rate, the
`
`transmit power of the base station, etc. the transmission parameters is received by the
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 9
`
`mobile station MS which decodes the parameters and arrives at the probable original
`
`data content or useful data content via a series of probability decisions and then
`
`determines which coded representation this useful data content would ideally have had
`
`and thus establish the extent to which non-ideal channel quality has modified the data
`
`packet during transmission and so an error rate, for example, a block error rate, can
`
`then be determined and accordingly correspondence modulation and coding scheme
`
`based on a channel quality message C01 is used, and so the code rate can be
`
`calculated from the number of codes and the size of the transport block (TB) in bits is
`
`changed with the changing of the TB size as per information shown in the table of the
`
`fig.)”).
`
`It would have been obvious to one of the ordinary skill in the art at the time of
`
`invention to modify the system of Heo et al. by using the coding unit as taught by
`
`Dotting et al. in order to provide a more effective and efficient system that is capable of
`
`transmitting control information together with the data. The motivation of using these
`
`functions is that it is more cost effective and dynamic.
`
`7.
`
`Claims 3-8, 10, 13-18 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as
`
`being unpatentable over Heo et al. (US 7,573,854 B2) in view of Dotting et al. (US
`
`2006/0133402 A1) as applied to claims 1 and 11 above, and further in view
`
`Onggosanusi et al. (US 2006/0250941 A1).
`
`Heo et al. and of Dotting et al. disclose the claimed limitations as described in
`
`paragraph 6 above. Heo et al. disclose the following features: regarding claim 6,
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 10
`
`wherein the code rate adjustment for the data is performed by changing the number of
`
`bits of the data depending on whether the data is transmitted together with the CQI, with
`
`the ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI
`
`and the ACK/NACK (Fig. 7, a block diagram illustrating the configuration of a UE
`
`transmitter according to a preferred embodiment of the present invention, see teachings
`
`in [col 14 In 61-67 & col 15 In 1-41] summarized as “respective data blocks (data 1 and
`
`data 2) of the transport channels generated by the MAC layer processor 701 are input
`
`to a multiplexer 711 via the rate matching units 710 after being encoded by coding units
`
`702 on a transport channel-by-channel basis wherein the rate matching units 710
`
`perform rate matching by puncturing bit (s) on the data blocks according to the physical
`
`channel data bit size, and the control information are transmitted together via RF unit
`
`712); regarding claim 16, wherein the coding processing includes a rate matching for
`
`the data (Fig. 7, a block diagram illustrating the configuration of a UE transmitter
`
`according to a preferred embodiment of the present invention, see teachings in [col 14
`
`In 61-67 & col 15 In 1-41] summarized as “coding processing with coding unit 702
`
`includes rate matching with rate matching unit 710”); regarding claim 16, 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 the CQI, with the
`
`ACK/NACK, with both of the CQI and the ACK/NACK, or without either of the CQI and
`
`the ACK/NACK (Fig. 7, a block diagram illustrating the configuration of a UE transmitter
`
`according to a preferred embodiment of the present invention, see teachings in [col 14
`
`In 61 -67 & col 15 In 1-41] summarized as “respective data blocks (data 1 and data 2) of
`
`the transport channels generated by the MAC layer processor 701 are input to a
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 11
`
`multiplexer 711 via the rate matching units 710 after being encoded by coding units 702
`
`on a transport channel-by-channel basis wherein the rate matching units 710 perform
`
`rate matching by puncturing bit (s) on the data blocks according to the physical channel
`
`data bit size, and the control information are transmitted together via RF unit 712);
`
`regarding claim 20, wherein the coding processing includes a rate matching for the data
`
`(Fig. 7, a block diagram illustrating the configuration of a UE transmitter according to a
`
`preferred embodiment of the present invention, see teachings in [col 14 In 61 -67 & col
`
`15 In 1-41] summarized as “coding processing with coding unit 702 includes rate
`
`matching with rate matching unit 710”).
`
`Dotting et al. disclose a method for transmitting data via a radio data channel, in
`
`which data transmission parameters are adjusted as a function of the quality of the radio
`
`data channel with the following features: regarding claim 4, 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 5, wherein the code rate adjustment for the
`
`data is performed by 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 block in bits which is
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 12
`
`change with the changing of the TB size as shown in the table of the fig”); regarding
`
`claim 8, wherein the transmission format includes a transport block size for the data and
`
`a modulation scheme (Fig. 3, illustrates an extract from a CQI mapping table, see
`
`teachings in [0042 & 0110-0113] “as illustrated in the fig. the transport format (TF)
`
`includes transport block size for the data and a modulation scheme”); ”); regarding claim
`
`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
`
`block in bits which is change with the changing of the TB size as shown in the table of
`
`the fig”); regarding claim ‘18, wherein the transmission format includes a transport block
`
`size for the data and a modulation scheme (Fig. 3, illustrates an extract from a CQI
`
`mapping table, see teachings in [0042 & 0110-0113] “as illustrated in the fig. the
`
`transport format (TF) includes transport block size for the data and a modulation
`
`scheme).
`
`

`

`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 13
`
`Heo et al. and of Dotting et al. do not expressly disclose the following features:
`
`regarding claim 3, wherein the code rate adjustment for the data is performed in a way
`
`that differentiates a code rate of the data transmitted together with the control
`
`information from a code rate of the data transmitted without the control information;
`
`regarding claim "i, wherein the code rate adjustment for the data is performed in a way
`
`that differentiates a code rate of the data transmitted together with at least one of the
`
`CQI and the ACK/NACK from a code rate of the data transmitted without either of the
`
`CQI and the ACK/NACK; regarding claim 13, wherein the code rate adjustment for the
`
`data includes differentiating a code rate of the data transmitted together with the control
`
`information from a code rate of the data transmitted without the control information;
`
`regarding claim 1?“, wherein the code rate adjustment for the data includes
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`differentiating a code rate of the data transmitted together with at least one of the CQI
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`and the ACK/NACK from a code rate of the data transmitted without either of the CQI
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`and the ACK/NACK.
`
`Onggosanusi et al. disclose a method of transmitting a wireless signal in MIMO
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`system with the following features: regarding claim 3, wherein the code rate adjustment
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`for the data is performed in a way that differentiates a code rate of the data transmitted
`
`together with the control information from a code rate of the data transmitted without the
`
`control information (Fig. 3A, a block diagram of a first embodiment of a PGRC
`
`transmitter of the present invention, see teachings in [0026-0027] summarized as
`
`“group circuit 330 applies the remaining parallel symbol streams having the lowest data
`
`rate to the remaining two transmit antennas having the lowest CQI wherein the MOS
`
`with maximum data throughput or code rate, therefore, is applied to the transmit
`
`

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`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 14
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`antennas having the best CQI and the MOS with a lesser data throughput or code rate
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`is applied to the transmit antennas having a lesser CQI”); regarding claim 7, wherein the
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`code rate adjustment for the data is performed in a way that differentiates a code rate of
`
`the data transmitted together with at least one of the CQI and the ACK/NACK from a
`
`code rate of the data transmitted without either of the CQI and the ACK/NACK (Fig. 3A,
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`a block diagram of a first embodiment of a PGRC transmitter of the present invention,
`
`see teachings in [0026-0027] summarized as “group circuit 330 applies the remaining
`
`parallel symbol streams having the lowest data rate to the remaining two transmit
`
`antennas having the lowest CQI wherein the MOS with maximum data throughput or
`
`code rate, therefore, is applied to the transmit antennas having the best CQI and the
`
`MOS with a lesser data throughput or code rate is applied to the transmit antennas
`
`having a lesser CQI”); regarding claim 13, wherein the code rate adjustment for the data
`
`includes differentiating a code rate of the data transmitted together with the control
`
`information from a code rate of the data transmitted without the control information (Fig.
`
`3A, a block diagram of a first embodiment of a PGRC transmitter of the present
`
`invention, see teachings in [0026-0027] summarized as “group circuit 330 applies the
`
`remaining parallel symbol streams having the lowest data rate to the remaining two
`
`transmit antennas having the lowest CQI wherein the MOS with maximum data
`
`throughput or code rate, therefore, is applied to the transmit antennas having the best
`
`CQI and the MOS with a lesser data throughput or code rate is applied to the transmit
`
`antennas having a lesser CQI”); regarding claim 1?, wherein the code rate adjustment
`
`for the data includes differentiating a code rate of the data transmitted together with at
`
`least one of the CQI and the ACK/NACK from a code rate of the data transmitted
`
`

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`Application/Control Number: 15/216,641
`Art Unit: 2473
`
`Page 15
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`without either of the CQI and the ACK/NACK (Fig. 3A, a block diagram of a first
`
`embodiment of a PGRC transmitter of the present invention, see teachings in [0026-
`
`0027] summarized as “group circuit 330 applies the remaining parallel symbol streams
`
`having the lowest data rate to the remaining two transmit antennas having the lowest
`
`CQI wherein the MOS with maximum data throughput or code rate, therefore, is applied
`
`to the transmit antennas having the best CQI and the MOS with a lesser data
`
`throughput or code rate is applied to the transmit antennas having a lesser CQI”).
`
`It would have been obvious to one of the ordinary skill in the art at the time of
`
`invention to modify the system of Heo et al. with of Dotting et al. by using the features
`
`as taught by Onggosanusi et al. in order to provide a more effective and efficient system
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`that is capable of varying code rate with control information. The motivation of using
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`these functions is that it is more cost effective and dynamic.
`
`8.
`
`Claims 9 and 19 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Heo et al. (US 7,573,854 B2) in view of Dotting et al. (US
`
`2006/0133402 A1) as applied to claims 1 and 11 above, and further in view Lochi (US
`
`7257432 B2).
`
`Heo et al. and Dotting et al. disclose the claimed limitations as described in
`
`paragraph 6 above. Heo et al. and Dotting et al. do not expressly disclose the following
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`features: regarding claim 9, wherein the transport block size for the data is not varied
`
`depending on the control information to be transmitted together with the data; regarding
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`Application/Control Number: 15/216,641
`Art Unit: 2473
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`Page 16
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`claim 1%, wherein the transport block size for the data is not varied depending on the
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`control information to be transmitted together with the data.
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`Loci discloses a base station apparatus and a scheduling method that make
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`possible maximization of throughput with the following features: regarding claim 9,
`
`wherein the transport block size for the data is not varied depending on the control
`
`information to be transmitted together with the data (Fig. 3, block diagram showing a
`
`configuration of a base station, apparatus according to embodiment 1 of the present
`
`invention, see teachings in [col 4 lines 33-67 & col 5 lines 1-37] summarized as
`
`“Scheduler 151 determines the TBS (Transport Block Size), the number of codes, and
`
`the modulation scheme based on the CQI signal and pilot signal and therefore, the TBS
`
`would not be varied if determination result indicates so”); regarding claim 19, wherein
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`the transport block size for the data is not varied depending on the control information to
`
`be transmitted together with the data (Fig. 3, block diagram showing a configuration of a
`
`base station, apparatus according to embodiment 1 of the present invention, see
`
`teachings in [col 4 lines 33-67 & col 5 lines 1-37] summarized as “Scheduler 151
`
`determines the TBS (Transport Block Size), the number of codes, and the modulation
`
`scheme based on the CQI signal and pilot signal and therefore, the TBS would not be
`
`varied if determination result indicates so”).
`
`It would have been obvious to one of the ordinary skill in the art at the time of
`
`invention to modify the syst