`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`15/216,641
`
`07/21/2016
`
`Daichi Imamura
`
`733456.414C2
`
`7872
`
`S eed IP Law Group LLPflDanasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`BOKHARI, SYED M
`
`ART UNIT
`
`2473
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/23/2018
`
`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.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 15/216,641 IMAMURA ET AL.
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`2473SYED M. BOKHARI first“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 07/21/2016.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`1) E Notice of References Cited (PTO-892)
`3) I] Interview Summary (PTO-413)
`.
`.
`Paper No(s)/Mai| Date.
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/Osb)
`Paper No(s)/Mai| Date 07/21/2015. 4) D Other: —-
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20180207
`
`Disposition of Claims*
`5)|XI CIaim(s)1-_20is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s 1-_20 is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atentS/init events"
`h/index.‘s
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`, or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 07/21/2016 is/are: a)IXI accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attach ment(s)
`
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`
`

`

`Application/Control Number: 15/216,641
`
`Page 2
`
`Art Unit: 2473
`
`DETAILED ACTION
`
`1.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`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 though 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.
`
`3.
`
`The factual inquiries set forth in Graham v. John Deere 00., 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.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`4.
`
`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
`
`

`

`Application/Control Number: 15/216,641
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`Page 3
`
`Art Unit: 2473
`
`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).
`
`5.
`
`Claim 1 and 11 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Frederlksen (US 2006/0067229 A1) in view of Zeira et al. (US
`
`2017/0094553 A1 ).
`
`Frederlksen discloses a method for determining a transport block size for use in
`
`a data transmission with the following features: regarding claim 1, a communication
`
`device 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 the control information 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 (Fig. 5, shows a schematic
`
`block diagram of circuitry in a Node-B or base transceiver station in an embodiment of
`
`the present invention, see teachings in [0010-0011, 0024, 0049 & 0053-0057]
`
`summarized as “a communication device 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 communication
`
`

`

`Application/Control Number: 15/216,641
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`Page 4
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`Art Unit: 2473
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`device Node B 16 of fig. 4 comprising of a receiving section user radio estimator 26
`
`receives from user equipment 10 transport format resource indicator TFRI, transport
`
`block size is derived, data and control CQI information are coded in link adaptation and
`
`packet scheduling algorithm unit 24), 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 the control information to be
`
`transmitted together with the data (i.e. for determining a transport block size, the base
`
`station circuitry, link adaptation and packet scheduling algorithm unit 24, determines a
`
`desired code rate for transmission of data and a look up table 30 for adjusting the
`
`transport block size and it depends on combination of channel quality indicator
`
`information transmitted with the user data)”), and a transmitter, which, in operation,
`
`transmits the data and the control information, of which the coding processing is
`
`executed (i.e. as illustrated in the fig. the base station comprising a transmitting section
`
`comprising of link adaptation and packet scheduling algorithm unit 24 and look up table
`
`30 and the transmission section is configured to transport block size derived from the
`
`transport format resource indicator TFRI and the transport block size index also
`
`includes information for modulation scheme like QPSK, 16-QAM etc. for user data),
`
`Frederlksen 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 the
`
`control information to be transmitted together with the data”.
`
`Zeira et al. disclose a system and method for maintaining the quality of a wireless
`
`communication radio link with the following features: regarding claim 1, wherein the
`
`

`

`Application/Control Number: 15/216,641
`
`Page 5
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`Art Unit: 2473
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`code rate adjustment for the data is performed by changing a number of bits of the data
`
`depending on the control information to be transmitted together with the data (Fig. 1, a
`
`block diagram of a wireless communication system operating in accordance with the
`
`present invention, see teachings in [0018-0023] summarized as “wherein the code rate
`
`adjustment for the data is performed by changing a number of bits of the data
`
`depending on the control information to be transmitted together with the data (i.e.
`
`changes to the data bit rates may be responsive to measurement reports received via
`
`path 130 as RNC 105 monitoring the link quality reports (control information) to
`
`determine when it needs to adjust the current data bit rate to maintain the quality and
`
`maximum data bit rates of the RLs 120A, 1208 as in the event that the link quality
`
`(control information) falls below an established threshold, if the reported link quality
`
`remains below the threshold for a predetermined amount of time, or the system 100 is
`
`unable to maintain an acceptable link quality, the RNC 105 reduces the data bit rate of
`
`the RL 120 by removing TFCs (Transport Format Combinations) from the available
`
`TFCS (Transport Format Combinations set) and if the quality of RL 120 has increased
`
`beyond a predetermined threshold or a lower quality of service event is not present for a
`
`certain period of time, the data bit rate of the RL 120 is incrementally increased by
`
`adding TFCs to the available TFCS)").
`
`It would have been obvious to one of the ordinary skill in the art at the time of
`
`invention to modify the system of Frederlksen by using the coding unit as taught by
`
`Zeira et al. in order to provide a more effective and efficient system that is capable of
`
`

`

`Application/Control Number: 15/216,641
`
`Page 6
`
`Art Unit: 2473
`
`adjusting the data rate by changing a number of bits. The motivation of using these
`
`functions is that it is more cost effective and dynamic.
`
`Regarding claim 11:
`
`Frederlksen discloses a method for determining a transport block size for use in
`
`a data transmission with the following features: regarding claim 11, a communication
`
`method comprising: receiving an index indicating a transmission format; executing
`
`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 the control information to
`
`be transmitted together with the data; and transmitting the data and the control
`
`information, of which the coding processing is executed (Fig. 5, shows a schematic
`
`block diagram of circuitry in a Node-B or base transceiver station in an embodiment of
`
`the present invention, see teachings in [0010-0011, 0024, 0049 & 0053-0057]
`
`summarized as “a communication method comprising: receiving an index indicating a
`
`transmission format; executing coding processing of data and control information (Le. a
`
`communication device Node B 16 of fig. 4 comprising of a receiving section user radio
`
`estimator 26 receives from user equipment 10 transport format resource indicator TFRI,
`
`transport block size is derived, data and control CQI information are coded in link
`
`adaptation and packet scheduling algorithm unit 24), 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 the control information to
`
`be transmitted together with the data (i.e. for determining a transport block size, the
`
`

`

`Application/Control Number: 15/216,641
`
`Page 7
`
`Art Unit: 2473
`
`base station circuitry, link adaptation and packet scheduling algorithm unit 24,
`
`determines a desired code rate for transmission of data and a look up table 30 for
`
`adjusting the transport block size and it depends on combination of channel quality
`
`indicator information transmitted with the user data)”), and transmitting the data and the
`
`control information, of which the coding processing is executed (i.e. as illustrated in the
`
`fig. the base station comprising a transmitting section comprising of link adaptation and
`
`packet scheduling algorithm unit 24 and look up table 30 and the transmission section
`
`is configured to transport block size derived from the transport format resource indicator
`
`TFRI and the transport block size index also includes information for modulation
`
`scheme like QPSK, 16-QAM etc. for user data),
`
`Frederlksen is short of expressly teaching “wherein the code rate adjustment for
`
`the data includes changing a number of bits of the data depending on the control
`
`information to be transmitted together with the data”.
`
`Zeira et al. disclose a system and method for maintaining the quality of a wireless
`
`communication radio link with the following features: regarding claim ‘1 1, wherein the
`
`code rate adjustment for the data includes changing a number of bits of the data
`
`depending on the control information to be transmitted together with the data (Fig. 1, a
`
`block diagram of a wireless communication system operating in accordance with the
`
`present invention, see teachings in [0018-0023] summarized as “wherein the code rate
`
`adjustment for the data is performed by changing a number of bits of the data
`
`depending on the control information to be transmitted together with the data (i.e.
`
`changes to the data bit rates may be responsive to measurement reports received via
`
`

`

`Application/Control Number: 15/216,641
`
`Page 8
`
`Art Unit: 2473
`
`path 130 as RNC 105 monitoring the link quality reports (control information) to
`
`determine when it needs to adjust the current data bit rate to maintain the quality and
`
`maximum data bit rates of the RLs 120A, 1208 as in the event that the link quality
`
`(control information) falls below an established threshold, if the reported link quality
`
`remains below the threshold for a predetermined amount of time, or the system 100 is
`
`unable to maintain an acceptable link quality, the RNC 105 reduces the data bit rate of
`
`the RL 120 by removing TFCs (Transport Format Combinations) from the available
`
`TFCS (Transport Format Combinations set) and if the quality of RL 120 has increased
`
`beyond a predetermined threshold or a lower quality of service event is not present for a
`
`certain period of time, the data bit rate of the RL 120 is incrementally increased by
`
`adding TFCs to the available TFCS)").
`
`It would have been obvious to one of the ordinary skill in the art at the time of
`
`invention to modify the system of Frederlksen by using the coding unit as taught by
`
`Zeira et al. in order to provide a more effective and efficient system that is capable of
`
`adjusting the data rate by changing a number of bits. The motivation of using these
`
`functions is that it is more cost effective and dynamic.
`
`6.
`
`Claims 2, 4-6, 8, 10, 12, 14-16, 18 and 20 are rejected under pre-AIA 35 U.S.C.
`
`103(a) as being unpatentable over Frederlksen (US 2006/0067229 A1) in view of Zeira
`
`et al. (US 2017/0094553 A1) as applied to claims 1 and 11 above, and further in view
`
`Dotting et al. (US 2006/0133402 A1 ).
`
`

`

`Application/Control Number: 15/216,641
`
`Page 9
`
`Art Unit: 2473
`
`Frederlksen and Zeira et al. disclose the claimed limitations as described in
`
`paragraph 5 above. Frederlksen also disclose the following features: regarding claim
`
`10, wherein the coding processing includes a rate matching for the data (Fig. 5, shows a
`
`schematic block diagram of circuitry in a Node-B or base transceiver station in an
`
`embodiment of the present invention, see teachings in [0003 & 0011] summarized as
`
`“determine a desired code rate for transmission of the data and at least one look up
`
`table for adjusting the transport block size”); Frederlksen also disclose the following
`
`features: regarding claim 20, wherein the coding processing includes a rate matching
`
`for the data (Fig. 5, shows a schematic block diagram of circuitry in a Node-B or base
`
`transceiver station in an embodiment of the present invention, see teachings in [0003 &
`
`0011] summarized as “determine a desired code rate for transmission of the data and at
`
`least one look up table for adjusting the transport block size”)
`
`Zeira et al. disclose the following features: regarding claim 2, 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 control information or
`
`without the control information (Fig. 1, a block diagram of a wireless communication
`
`system operating in accordance with the present invention, see teachings in [0018-
`
`0023] summarized as “the code rate is maintained by determine when it needs to adjust
`
`the current data bit rate to maintain the quality and maximum data bit rates by reducing
`
`and adding TFCs to the available TFCS without control information"); 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
`
`

`

`Application/Control Number: 15/216,641
`
`Page 10
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`Art Unit: 2473
`
`together with the data (Fig. 1, a block diagram of a wireless communication system
`
`operating in accordance with the present invention, see teachings in [0017-0021]
`
`summarized as “the link quality report (report) is the control information to be
`
`transmitted with data); regarding claim 6, 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. 1, a block diagram of
`
`a wireless communication system operating in accordance with the present invention,
`
`see teachings in [0018-0023] summarized as “the code rate is maintained by determine
`
`when it needs to adjust the current data bit rate to maintain the quality and maximum
`
`data bit rates, without either CQI and the ACK/NACK, by reducing and adding TFCs to
`
`the available TFCS without control information"); regarding claim 12, 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 control information or without the
`
`control information (Fig. 1, a block diagram of a wireless communication system
`
`operating in accordance with the present invention, see teachings in [0018-0023]
`
`summarized as “the code rate is maintained by determine when it needs to adjust the
`
`current data bit rate to maintain the quality and maximum data bit rates by reducing and
`
`adding TFCs to the available TFCS without control information"); 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. 1, a block diagram of a wireless communication system
`
`

`

`Application/Control Number: 15/216,641
`
`Page 11
`
`Art Unit: 2473
`
`operating in accordance with the present invention, see teachings in [0017-0021]
`
`summarized as “the link quality report (report) is the control information to be
`
`transmitted with data); 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. 1, a block diagram of
`
`a wireless communication system operating in accordance with the present invention,
`
`see teachings in [0018-0023] summarized as “the code rate is maintained by determine
`
`when it needs to adjust the current data bit rate to maintain the quality and maximum
`
`data bit rates, without either CQI and the ACK/NACK, by reducing and adding TFCs to
`
`the available TFCS without control information").
`
`Frederlksen and Zeira et al. do not expressly disclose the following features:
`
`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; regarding claim 8, wherein the transmission format includes a
`
`transport block size for the data and a modulation scheme; 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; regarding claim 18,
`
`wherein the transmission format includes a transport block size for the data and a
`
`modulation scheme.
`
`

`

`Application/Control Number: 15/216,641
`
`Page 12
`
`Art Unit: 2473
`
`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 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 change with the changing of the TB size as shown in the table of
`
`the fig.”); regarding ciaim 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 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
`
`

`

`Application/Control Number: 15/216,641
`
`Page 13
`
`Art Unit: 2473
`
`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”)
`
`It would have been obvious to one of the ordinary skill in the art at the time of
`
`invention to modify the system of Frederlksen with Zeira 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 adapting code rate by changing number of bits. The motivation of using
`
`these functions is that it is more cost effective and dynamic.
`
`7.
`
`Claims 3, 7, 13 and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Frederlksen (US 2006/0067229 A1) in view of Zeira et al. (US
`
`2017/0094553 A1) as applied to claims 1 and 11 above, and further in view
`
`Onggosanusi et al. (US 2006/0250941 A1).
`
`Frederlksen and Zeira et al. disclose the claimed limitations as described in
`
`paragraph 5 above. Frederlksen and Zeira 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
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`information from a code rate of the data transmitted without the control information;
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`regarding claim 7', wherein the code rate adjustment for the data is performed in a way
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`that differentiates a code rate of the data transmitted together with at least one of the
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`CQI and the ACK/NACK from a code rate of the data transmitted without either of the
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`CQI and the ACK/NACK; regarding claim 13, wherein the code rate adjustment for the
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`data includes differentiating a code rate of the data transmitted together with the control
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`information from a code rate of the data transmitted without the control information;
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`regarding claim 17, 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.
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`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
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`together with the control information from a code rate of the data transmitted without the
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`control information (Fig. 3A, a block diagram of a first embodiment of a PGRC
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`transmitter of the present invention, see teachings in [0026-0027] summarized as
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`“group circuit 330 applies the remaining parallel symbol streams having the lowest data
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`rate to the remaining two transmit antennas having the lowest CQI wherein the MOS
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`with maximum data throughput or code rate, therefore, is applied to the transmit
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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
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`the data transmitted together with at least one of the CQI and the ACK/NACK from a
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`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,
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`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
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`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 17, 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
`
`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
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`CQI wherein the MOS with maximum data throughput or code rate, therefore, is applied
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`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”).
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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 Frederlksen with Zeira et al. by using the features as
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`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.
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`8.
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`Claims 9 and 19 are rejected under pre-AIA 35 U.S.C. 103(a) as being
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`unpatentable over Frederlksen (US 2006/0067229 A1) in view of Zeira et al. (US
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`2017/0094553 A1) as applied to claims 1 and 11 above, and further in view Lochi (US
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`7257432 B2).
`
`Frederlksen and Zeira et al. disclose the claimed limitations as described in
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`paragraph 5 above. Frederlksen and Zeira 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
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`depending on the control information to be transmitted together with the data; regarding
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`claim 19, 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,
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`Art Unit: 2473
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`wherein the transport block size for the data is not varied depending on the control
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`information to be transmitted together with the data (Fig. 3, block diagram showing a
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`configuration of a base station, apparatus according to embodiment 1 of the present
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`invention, see teachings in [col 4 lines 33-67 & col 5 lines 1-37] summarized as
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`“Scheduler 151 determines the TBS (Transport Block Size), the number of codes, and
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`the modulation scheme based on the CQI signal and pilot signal and therefore, the TBS
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`would not be varied if determination result indicates so”)