throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/431,462
`
`02/13/2017
`
`LEI HUANG
`
`731156.583C1
`
`8970
`
`Seed IP Law Group LLP/Panason1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`RIVAS' SALVADOR E
`
`ART UNIT
`
`2479
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/21/2019
`
`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)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/431,462
`Examiner
`SALVADOR E RIVAS
`
`Applicant(s)
`HUANG, LEI
`Art Unit
`2479
`
`AIA Status
`Yes
`
`- 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 25 October 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—3,10 and 13—15 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—3,10 and 13—15 is/are rejected.
`
`[:1 Claim(s)
`
`is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D AII
`
`b)[:l 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) D Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190214
`
`

`

`Application/Control Number: 15/431,462
`Art Unit: 2479
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`under the first inventor to file provisions of the AIA. This Action is in response to
`
`Applicant’s remarks and claims filed on October 25, 2018. Claims 1-3, 10, 13-15 are
`
`now pending in the present application. This Action is made FINAL.
`
`Response to Amendment
`
`2.
`
`The outstanding rejections of Claims 1-3, 10, and 13-14 under 35 U.S.C.
`
`102(a)(2) and 35 U.S.C. 103(a) are withdrawn in light of Applicant's amendment to
`
`Claims 1 and 10 filed October 25, 2018.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103i is incorrect, anZ
`
`correction of the statutorz basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied uponz and the rationale supporting the rejectionz would be
`
`the same under either status.
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`The following is aquotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(2) the claimed inventionwas described in a patent issued undersection 151 , or in an
`application for patent published ordeemed published undersection 122(b), in which the
`patentor application, as the case maybe, names another inventorand was effectivelyfiled
`before the effective filing date of the claimed invention.
`
`Claim 15 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et
`
`al. (U.S. Patent Application Publication # 2013/0315325 A1).
`
`

`

`Application/Control Number: 15/431,462
`ArtLhfltz2479
`
`Page 3
`
`Regarding claim 15, Wang et al. teach a wireless device (Fig.1; Fig.2 @ 201)
`
`comprising:
`
`a plurality of transmitting antennas (Fig.2 @ 215-218);
`
`transmission circuitry, which in operation,
`
`transmits one or more signals for
`
`transmission sector sweeping, one or more signals for reception sector sweeping, and
`
`one or more signals for beam combination training in Multiple
`
`Input Multiple Output
`
`(MIMO)
`
`training between the wireless device and a responder including a plurality of
`
`receiving antennas (read as processor (Fig.2 @ 203; Fig.7 @ 701; Paragraph(s) [0028]
`
`and [0041]); For example, “The responder then selects one RX sector with
`
`
`
`the highest signal quality for each 0::
`
`the selected TX sector
`
`
`(e.g., RX sectors 3, 6, 8, and 15 for TX sectors 1, 9, 25, and 28
`
`respectively) .” (Fig.6B; Paragraph [0041]) Further, “each sector corresponds
`
`
`to a specific TX antenna beam/pattern (e.g., direction/weight).”
`
`
`(Paragraph [0026]) Also, “Both
`
`initiator
`
`101
`
`and responder
`
`102
`
`are
`
`
`
`equipped with antenna arrays to support MEMO operation ‘or mui tipi e
`
`spatial streams ."(Fig.1, 3, 5; Paragraph [0025]); and
`
`reception circuitry, which in operation,
`
`receives information on a determined
`
`number of sector pairs consisting of a transmission sector and a reception sector in the
`
`MIMO training selected by the responder (Fig.2 @ 203; Paragraph(s) [0025, ][0028] and
`
`[0041]); For example, “responder 102 records the received signal quality
`
`(e.g.,
`
`signal—to—noise ratio (SNR))
`
`and determines a number 0;
`
`beam combinations
`
`(selected TX and RX sector pairs) based on the
`
`
`results 0::
`
`TX sector
`
`sweep and RX sector
`
`sweep.”(Paragraph [0025])
`
`

`

`Application/Control Number: 15/431,462
`Art Unit: 2479
`
`Page 4
`
`
`Further, “Processor 203 proc ss s
`th
`r c iv d baseband signals and
`
`
`
`
`
`
`
`invokes di
`"erent
`"unctional modules to per orm "eatures in the
`
`device . ”(Paragraph [0027])),
`
`wherein the transmitting antennas of the wireless device in the selected sector
`
`pairs differ from one another, and the receiving antennas of the responder in the selected
`
`
`
`
`sector pairs differ from one another. (read as “"n order to find the best beam
`
`
`combinations for multiple spatial streams,
`
`the selection criteria
`
`needs to include the mutual
`
`
`
`spatial
`
`
`streams. After considerirg the mutual
`
`
`interference or
`
`interference or
`
`
`l akag
`b tw n th
`
`
`
`
`
`leakage,
`
`the best
`
`
`two beam combinations are finally determined.
`
`
`
`
`For example, TXl—RXB sector pair is selected "or a first spatial
`
`
`
`stream SS 1,
`
`
`and TX28—RX6 sector pair is selected for a second
`
`
`
`
`spatial stream SS 2.” (Fig.6B; Paragraph [OO42]))
`
`Claim Rejections - 35 USC § 103
`
`4.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`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 maynotbe obtained, notwithstanding that the claimed
`invention is not identicallydisclosed as set forth in section 1 02 of this title, if the differences
`between the claimed invention and the priorartare such that the claimed invention as awhole
`would have been obvious before the effective filing date of the claimed invention to a person
`
`

`

`Application/Control Number: 15/431,462
`Art Unit: 2479
`
`Page 5
`
`having ordinaryskill in the art to which the claimed invention pertains. Patentabilityshall not
`be negated by the manner in which the invention was made.
`
`This application currently names joint inventors.
`
`In considering patentability of the
`
`claims the examiner presumes that the subject matter of the various claims was
`
`commonly owned as of the effective filing date of the claimed invention(s) absent any
`
`evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to
`
`point out the inventor and effective filing dates of each claim that was not commonly
`
`owned as of the effective filing date of the later invention in order for the examiner to
`
`consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2)
`
`prior art against the later invention.
`
`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 35 U.S.C. 103(a) are summarized as follows:
`
`:PPONT‘
`
`Determining the scope and contents of the prior art.
`
`Ascertaining the differences between the prior art and the claims at issue.
`
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence present in the application indicating
`obviousness or nonobviousness.
`
`Claim 1 and 10 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Wang et al. (U.S. Patent Application Publication # 2013/0315325 A1)
`
`in view of
`
`Stirling-Gallacher (U.S. Patent Application Publication # 2007/0230639 A1).
`
`Regarding claim 1, Wang et al. teach a Multiple
`
`Input Multiple Output (MIMO)
`
`training method (Fig(s).1, 7) comprising:
`
`an initiator
`
`(Fig.1 @ 101) capable of a transmission sector sweeping and a
`
`
`reception sector sweeping (read as “In step 111,
`
`initiator 101 per‘orms TX
`
`sector
`
`sweeping, where
`
`training packets
`
`are
`
`transmitted to
`
`
`
`

`

`Application/Control Number: 15/431,462
`ArtLhutz2479
`
`Page 6
`
`responder 102 through the TX sectors, each sector corresponds to
`
`a
`
`
`speci:ic TX
`
`antenna beam/pattern
`
`(e.g., direction/weight).
`
` During RX sector sweeping,
`
`training packets are transmitted from
`
`initiator
`
`sec:ors,
`
`
`
`101
`
`to responder
`
`102, which sweeps
`
`through the RX
`
`each
`
`sector
`
`corresponds
`
`to
`
`a
`
`
`speci:ic RX
`
`antenna
`
`beam/pattern (e.g., direction/weight)f(F©J @P111;Paflmflaph[0026Dfl
`
`and
`
`selecting, using a responder (Fig.1 @ 102), a determined number of sector pairs
`
`consisting of a transmission sector and a reception sector from among a set of
`
`transmission sectors used in the transmission sector sweeping and—a set of reception
`
`sectors used in the reception sector sweeping (read as "responder 1-02 records the
`
`received signal quality (e.g.,
`
`signal—to—noise ratio (SNR))
`
`and
`
`
`
`
`determines a number of beam.combinations (selected TX and RX sec:or
`
`sweep and RX sec:or
`
`
`
`
`pairs) based on the results 0:
`
`TX sector
`
`sweep . ”(Paragraph [0025])),
`
`wherein:
`
`the initiator (Fig.1 @ 101; Fig.2 @ 301) includes a plurality of transmitting antennas
`
`(Fig.2 @ 215-218) and the initiator performs the transmission sector sweeping (read as
`
`TX sector sweeping (Fig.1 @ 111)),
`
`the responder (Fig.1 @ 102; Fig.2 @ 301) includes a plurality of receiving antennas
`
`(Fig.2 @ 215-218) and the responder (Fig.1 @ 102; Fig.2 @ 301) selects a set including
`
`at least one transmission sector for each of the transmitting antennas as the result of the
`
`transmission sector sweeping (read as “The
`
`responder
`
`then selects one RX
`
`

`

`Application/Control Number: 15/431,462
`ArtLhutz2479
`
`Page 7
`
`
`
`sector with the highest signal quality for each 0::
`
`
`
`
`seCtor (e.g., RX sectors 3, 6, 8, and 15 for TX sectors 1, 9, 25,
`
`the selected TX
`
`
`
`and
`
`28
`
`respectively) .” (Fig.63; Paragraph [0041]) Further, "each
`
`sector
`
`corresponds
`
`to
`
`a
`
`
`specific
`
`RX
`
`antenna
`
`beam/pattern
`
`(e.g.,
`
`
`direction/weight) .” (Paragraph [0026]) Also, "Both
`
`initiator
`
`101
`
`and
`
`
`responder 102 are equipped with antenna arrays to support MIIMO
`
`
`
`
`operation for multiple spatial streams.”(Paragraph [0025])),
`
`the initiator
`
`(Fig.1 @ 101; Fig.2 @ 301) performs the reception sector sweeping
`
`(Fig.1 @111),
`
`the responder (Fig.1 @ 102; Fig.2 @ 301) selects a set including at least one
`
`reception sector for each of the plurality of receiving antennas as the result of the
`
`reception sectorsweeping (read aS“The responder tren selects one RX sector
`
`
`with the highest signal quality for each 0:: the selected TX sector
`
`
`
`
`(e.g., RX sectors 3, 6, 8, and 15 for TX sectors 1, 9, 25, and 28
`
`respectively) .” (Fig.68; Paragraph [0041]) Further, “each sector corresponds
`
`
`to a specific RX antenna beam/pattern (e.g., direction/weight) .”
`
`
`(Paragraph [0026]) Also, “Both
`
`initiator
`
`101
`
`and responder
`
`102
`
`are
`
`
`
`equipped with antenna arrays to support MIIMO operation for multiple
`
`spatial streams.”(Paragraph [0025])), and
`
`the transmitting antennas in the selected sector pairs differ from one another, and
`
`
`the receiving antennas in the selected sector pairs differ from one another. (read as “In
`
`
`for multiple spatial
`
`order
`
`
`to find the best beam combinations
`
`streams,
`
`the
`
`selection criteria needs
`
`to include
`
`
`
`
`
`the mutual
`
`

`

`
`
`Application/Control Number: 15/431,462
`ArtLhfltz2479
`
`Page 8
`
`
`interference
`
`or
`
`leakage
`
`between
`
`the
`
`spatial
`
`
`streams. After
`
`
`considering the mttual interference or leakage,
`
`the best two beam
`
`
`
`combinations are finally determined. For example,
`
`
`
`
`
`
`pair is selected “or
`a first spatial stream SS 1,
`
`TXl—RXB sector
`
`and TX28—RX6
`
`
`
`
`
`sector pair is selected for a second spatial stream SS 2.”(HgBB;
`
`Paragraph [0042]))
`
`Although, Wang et al.
`
`teach an initiator capable of processing a result of a
`
`transmission sector sweeping and a result of a reception sector sweeping;
`
`it fail
`
`to
`
`explicitly teach performing beam combination training using the an initiator based on a
`
`result;
`
`Stirling-Gallacher
`
`teaches a method for performing beam combination training
`
`using an initiator (read as MIMO Transmitter (Fig.22—25 @ 110)) based on a result (read
`
`as a transmitter executing a beam combination selection algorithm (Paragraph(s) [0086]-
`
`
`
`
`
`[008flx Forexanpb,flabeam combination selection algorithm according
`
`to the present invention can be executed at the spatial diversity
`
`receiver 120
`
`(and/or at
`
`the spatial diversity transmitter llO).”
`
`(Paagmmh[00&fl)Fuflhen“This beam combination selection algorithm.can
`
`be
`
`
`implemented in hardware or software and decides which beam
`
`combination is best based on channel measurements.%Panxflaph[0086Dfl
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before
`
`the effective filing date of the claimed invention to employ the beam combination selection
`
`algorithm as taught by Stirling-Gallacher with the wireless device as taught by Wang et
`
`

`

`Application/Control Number: 15/431,462
`ArtLhfltz2479
`
`Page 9
`
`al. for the purpose of improving beamforming reception and transmission in devices in
`
`MIMO communication networks.
`
`Regarding claim 10, Wang et aI teach a wireless device (Fig.2 @ 201) comprising:
`
`a plurality of receiving antennas (Fig.2 @ 215-218); and
`
`a determined number of sector pairs consisting of a transmission sector and a
`
`reception sector in Multiple Input Multiple Output (MIMO)
`
`training between the wireless
`
`device and an initiator including a plurality of transmitting antennas (read as processor
`
`(Fig.2 @ 203; Paragraph(s) [0028] and [0041]); For example, “The responder then
`
`
`
`selects one RX sector with the highest signal quality for each or
`
`the selected TX sector
`
`(e.g., RX sectors 3, 6, 8,
`
`
`and 15 for TX
`
`sectors 1, 9, 25, and 28 respectively) ."(Fig.6B; Paragraph [0041]) Further,
`
`“each sector corresponds
`
`
`to a specific RX antenna beam/pattern
`
`
`(e.g., direction/weight) .” (Paragraph [0026]) Also, "30th initiator lOl
`
`
`and responder 102 are equipped with antenna arrays to support MEMO
`
`
`operation ‘or mu] tip] e spatial streams.”(Paragraph [0025]»,
`
`wherein:
`
`the determination circuitry selects a set including at least one transmission sector
`
`for each of the transmitting antennas in the MIMO training (read as processor (Fig.2 @
`
`203; Fig.7 @701; Paragraph(s) [0028] and [0041]); “The responder then selects
`
`
`one RX sector with the highest signal quality ‘or each 0::
`
`the
`
`
`
`selected TX sector (e.g., RX sectors 3, 6, 8, and ’5 ‘or TX sectors
`
`l,
`
`9, 25,
`
`and 28 respectively) .” (Fig.6B; Paragraph [0041]) Further, "each
`
`
`sector corresponds to a specific RX antenna beam/pattern (e.g.,
`
`
`
`

`

`Application/Control N umber: 15/431,462
`ArtLhfitz2479
`
`
`direction/weight) .” (Paragraph [0026]) Also, "Both
`
`Page 10
`
`101
`
`and
`
`ini
`'tiator
`
`responder 102 are equipped with antenna arrays
`
`
`to support MIMO
`
`
`
`operation
`for multiple spatial streams.”(Paragraph [0025])),
`
`the determination circuitry selects a set including at least one reception sector for
`
`each of the receiving antennas in the MIMO training (read as processor (Fig.2 @ 203;
`
`Paragraph(s) [0028] and [0041]); For example, “The responder then selec:s one
`
`RX sector
`
`
`
`with the highest signal quality for each 0:
`
`the selected
`
`
`
`TX sector
`
`(e.g., RX sectors 3, 6, 8, and 15
`for TX sectors 1, 9,
`
`25, and 28 respectively)/’UWgSB;Paagfimh[004H)Fuflhen"each sector
`
`corresponds
`
`to
`
`a
`
`
`specific
`
`RX
`
`antenna
`
`beam/pattern
`
`(e.g.,
`
`
`direction/weight) .” (Paragraph [0026]) Also, "Both
`
`ini
`
`responder 102 are equipped with antenna arrays
`
`:iator
`
`101
`
`and
`
`
`to support MIMO
`
`
`
`operation
`for multiple spatial streams.”(Paragraph [0025])), and
`
`the transmitting antennas of the initiator in the selected sector pairs differ from one
`
`another, and the receiving antennas of the wireless device in the selected sector pairs
`
`differ
`
`from one another.
`
`(read as
`
`
`In order
`
`to
`
`
`find the
`
`best
`
`beam
`
`ll
`
`
`combinations for multiple spatial streams,
`
`the selection criteria
`
`needs to
`
`
`
`spatial
`
`include the mutual
`
`interference or
`
`
`b tw n th
`1 akag
`
`
`streams. After considerirg‘
`
`the mut
`
`ual
`
`
`interference or
`
`
`
`leakage,
`
`For examp
`
`the best
`
`two beam combinations are
`
` le, TX1—RX3 sector pair is selected
`
`
`
`finally determined.
`
`
`
`
`"Ol’
`a
` lYSc spatial
`
`

`

`Application/Control Number: 15/431,462
`ArtLhfltz2479
`
`Page 11
`
`
`
`
`stream SS 1,
`
`
`and TX28—RX6 sector pair is selected for a second
`
`
`
`
`
`spatial stream SS 2.” (Fig.6B; Paragraph [OO42]))
`
`However, Wang et al.
`
`fail
`
`to explicitly teach a determination circuitry, which in
`
`operation, selects, from among a set of transmission sectors and a set of reception
`
`sectors,
`
`Wang et al.
`
`teach a MIMO spatial system (Fig.2, 22-25) equipped with a
`
`determination circuitry, which in operation, selects, from among a set of transmission
`
`sectors and a set of reception sectors (read as Beam Combination Selection Means (Fig.2
`
`@ 129; Fig.22—25; Paragraph [0086]—[0087]) For example, Further,
`
`the MIMO spatial
`
`system executes a “beam combination
`
`selection algorithm can
`
`be
`
`implemented
`
`in hardware or
`
`
`so‘tware
`
`and decides which beam
`
`combination is best based on channel measurements."(Paragraph [0086]))
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before
`
`the effective filing date of the claimed invention to employ the beam combination selection
`
`algorithm as taught by Stirling-Gallacher with the wireless device as taught by Wang et
`
`al. for the purpose of improving beamforming reception and transmission in devices in
`
`MIMO communication networks.
`
`Claims 2-3 and 13-14 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`over Wang et al. (U.S. Patent Application Publication # 2013/0315325 A1)
`
`in view of
`
`Prasad et al. (U.S. Patent Application Publication # 2011/0110453 A1).
`
`Regarding claims 2 and 13, and as applied to claims 1 and 10 above, Wang et
`
`al. teaches a MIMO training method (Fig.1, 3, 5, 6B, 7, 8) and wireless device (Fig.2 @
`
`201) wherein the determined number of sector pairs are selected through measuring a
`
`

`

`Application/Control Number: 15/431,462
`ArtLhfltz2479
`
`Page 12
`
`received signal quality for all sector combinations of a transmission sector and areception
`
`sector among the selected set of transmission sectors and the selected set of reception
`
`sectors (read as SNIR criteria (Paragraph(s) [0026], [0042])),
`
`selecting the combination having the highest received signal quality from among
`
`all the sector combinations (read as selecting a RX sector with the highest signal quality
`
`(Paragraph(s) [0041])),
`
`repeating selecting the combination and removing the combination until
`
`the
`
`determined number of sector pairs are selected.(Paragraph(s) [0038] and [0045])
`
`Stirling-Gallacher teaches a MIMO spatial Multiplexing system executing a beam
`
`combination selection algorithm (Fig.22—25; Paragraph [0085]-[0090])
`
`However, Wang et al. and Stirling-Gallacher fail to explicitly teach removing the
`
`combination of the transmitting antenna and the receiving antenna selected for the sector
`
`pair from all the sector combinations
`
`Prasad et al. teach a method for removing the combination of the transmitting
`
`antenna and the receiving antenna selected for
`
`the sector pair from all
`
`the sector
`
`
`combinations. (read as “... update the best pair of beams or sectors
`
`between
`
`two
`
`stations
`
`in
`
`the
`
`presence
`
`
`of
`
`changing
`
`channel
`
`conditions (Paragraph [0025]))
`
`Therefore, it would have been obvious to a person of ordinary skill in the art before
`
`the effective filing date of the claimed invention to employ the function for updating best
`
`pair of beams or sectors as taught by Prasad et al. and the beam combination selection
`
`algorithm as taught by Stirling-Gallacher with the wireless device as taught by Wang et
`
`

`

`Application/Control Number: 15/431,462
`ArtLhfltz2479
`
`Page 13
`
`al. for the purpose of improving beamforming reception and transmission in devices in
`
`MIMO communication networks.
`
`Regarding claims 3 and 14, and as applied to claims 2 and 10 above, Wang et
`
`al., as modified by Stirling-Gallacher
`
`and Prasad et al., teach a MIMO training method
`
`(Fig.1, 3, 5, SB, 7, 8) and wireless device (Fig.2 @ 201) wherein in a case where, in a first
`
`sector combination and a second sector combination among all the sector combinations,
`
`the receiving antenna for the first combination is the same as the receiving antenna
`
`for the second combination and the transmitting antenna for the first combination differs
`
`from the transmitting antenna for the second combination (Paragraph [0041] and [0042]),
`
`the received signal quality of the first sector combination is calculated by regarding the
`
`second sector combination as interference. (Paragraph(s) [0041], [0042] and [0045])
`
`Response to Arguments
`
`5.
`
`Applicant's arguments with respect to claim(s) 1-3, 10, and 13-14 have been
`
`considered but are moot in view of the new ground(s) of rejection.
`
`Applicant's arguments filed on October 25, 2018 for claim 15 have been fully
`
`considered but they are not persuasive.
`
`The Applicant argues, see Page 11 states “While the language and scope
`
`of independent claims 10 and 15 are not identical
`
`to the language
`
`and scope of claim 1,
`
`the allowabiiity of claims 70 and 15 will be
`
`apparent in View of the above discussion of claim 1 and the cited
`
`reference. Accordingly, withdrawal of the rejection of claims 10
`
`and 15 is respectfully requested.”
`
`

`

`Application/Control Number: 15/431,462
`ArtLhfltz2479
`
`Page 14
`
`The examiner respectfully disagrees since the language of claim 15 is of the
`
`wireless device comprising of a plurality of antennas, a transmitting circuitry, and
`
`reception circuitry for exchanging one or more signals/messages. Wang et al. teaches a
`
`wireless device equipped with hardware architecture (Fig.2) that enables for the sending
`
`training signals and receiving a feedback of said training signals.
`
`(Fig.2—3, 5) Also, Wang
`
`etal. teach awireless device able “selects one RX sector with the highest
`
`
`
`signal quality for each 0:: the selected TX sector (e.g., RX sectors
`
`3,
`
`6, 8,
`
`
`and 15 for TX sectors 1, 9, 25,
`
`and 28 respectively)
`
`”
`
`o
`
`(Fig.6B; Paragraph [0041]) Further, “each sector corresponds to a speci::ic
`
`RX antenna beam/pattern (e.g. , direction/weight) .” (Paragraph [0026])
`
`The examiner equates Wang et al. transceivers with antennas with applicant’s a plurality
`
`of antennas, transmitting circuitry, and reception circuitry.
`
`CONCLUSION
`
`6.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date of this final action.
`
`

`

`Application/Control Number: 15/431,462
`Art Unit: 2479
`
`Page 15
`
`Any response to this Office Action should be faxed to (571) 273-8300 or mailed
`
`to:
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Hand-delivered responses should be brought to
`
`Customer Service Window
`
`Randolph Building
`
`401 Dulany Street
`Alexandria, VA 22314
`
`Any inquiry concerning this communication or early communications from the
`
`Examiner should be directed to Salvador E. Rivas whose telephone number is (571) 270-
`
`1784. The examiner can normally be reached on Monday-Friday from 7:30AM to 5:00PM.
`
`If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s
`
`supervisor, Andrew W. Chriss can be reached on (571) 272-1774. The fax phone number
`
`for the organization where this application or proceeding is assigned is (571) 273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application
`
`Information Retrieval
`
`(PAIR) system.
`
`Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR. Status information
`
`for unpublished applications is available through Private PAIR only. For more information
`
`about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on
`
`accessto the Private PAIR system, contact the Electronic Business Center (E BC) at 866-
`
`217-9197 (toll-free).
`
`If you would like assistance from a USPTO Customer Service
`
`Representative or access to the automated information system, call 800-786-9199 (IN
`
`USA OR CANADA) or 571-272-1000.
`
`

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