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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/658,994
`
`10/21/2019
`
`Yutaka Murakami
`
`733456.409C12
`
`2365
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`GUARINO, RAHEL
`
`ART UNIT
`
`2631
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/20/2021
`
`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):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1,3,5 and 7 is/are rejected.
`Claim(s) 2,4,6 and 8 is/are objected to.
`£] Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)2) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 10/21/2019 is/are:
`a)@) accepted or b)() 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)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a)C) All
`1.2 Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210621
`
`Application No.
`Applicant(s)
`16/658 994
`Murakami et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`RAHEL GUARINO
`2631
`No
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 10/21/2019.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 2
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application is being examined under the pre-AlA first to invent
`
`provisions.
`
`Claim Objections
`
`1.
`
`Claim 5 is objected to becauseof the following informalities:
`
`Claim 6 recites “the reception apparatus of claim 1” should be “the reception
`
`method of claim 5”. Examiner believes claim 6 should depend in claim 5, which is
`
`method claim, otherwise claim 5 would be duplicate of claim 2.
`
`Appropriate correction is required.
`
`
`
`2. The nonstatutory double patenting rejection is based onajudicially created
`
`Double Patenting
`
`doctrine groundedin public policy (a policy reflected in the statute) so as to prevent the
`
`unjustified or improper timewise extension of the “right to exclude” granted by a patent
`
`and to prevent possible harassment by multiple assignees. A nonstatutory double
`
`patenting rejection is appropriate where the conflicting claims are not identical, but at
`
`least one examined application claim is not patentably distinct from the reference
`
`claim(s) because the examined application claim is either anticipated by, or would have
`
`been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46
`
`USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed.
`
`Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum,
`
`686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619
`
`(CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 3
`
`A timelyfiled terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321 (d)
`
`may be used to overcome an actual or provisional rejection based on nonstatutory
`
`double patenting provided the reference application or patent either is shown to be
`
`commonly owned with the examined application, or claims an invention made as a
`
`result of activities undertaken within the scope of a joint research agreement. See
`
`MPEP § 717.02 for applications subject to examination under the first inventor to file
`
`provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146etseq.for
`
`applications not subject to examination under the first inventor to file provisions of the
`
`AlA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
`
`The USPTOInternet website contains terminal disclaimer forms which may be
`
`used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application
`
`in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26,
`
`PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may
`
`befilled out completely online using web-screens. An eTerminal Disclaimer that meets
`
`all requirements is auto-processed and approved immediately upon submission. For
`
`more information about eTerminal Disclaimers, refer to
`
`www.uspto.gov/patents/process/file/efs/guidance/eT D-info-l.jsp.
`
`3.
`
`Claim 1 is on the ground of nonstatutory double patenting as being unpatentable
`
`over claim 1 of U.S. Patent No. 10,491,351. Although the conflicting claims are not
`
`identical, they are not patentably distinct from each other because claim 1 of the present
`
`application are obvious wording variation of the limitations presented in claim 1 of US
`
`Pat No. 10,491,351.
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 4
`
`Claim 1 differs from the patent claim, in that claim 1 recites the limitation “maps
`
`reference signals in first subcarriers at a first time and in second sub-carriers at a
`
`second time for first Orthogonal Frequency Division Multiplexing (OFDM) signals,
`
`wherein no signal is mapped in the second sub-carriers at the first time and in the first
`
`sub-carriers at the second time for the first OFDM signals, and which, in operation,
`
`maps reference signals in the second sub-carriers at the first time andin thefirst sub-
`
`carriers at the second time for second OFDMsignals, wherein no signal is mapped in
`
`the first sub-carriers at the first time and in the second sub-carriers at the second time
`
`for the second OFDMsignals”.
`
`While the patented claim recites the limitation “ (i) inserting symbols for
`
`demodulation in a first plurality of subcarriers at a first time and in a secondplurality of
`
`sub-carriers at a second time adjacentto the first time, the symbols for demodulation
`
`being reception processing reference symbols of a reception apparatus and having both
`
`an in-phase(I) component and a quadrature-phase (Q) componentin an I-Q plane of
`
`non-zero;(il) inserting symbols, having both the in-phase (I) component and the
`
`quadrature-phase (Q) componentin the I-Q plane of zero, in the second plurality of sub-
`
`carriers at the first time andin the first plurality of sub-carriers at the second time; and
`
`(ii) inserting first data symbols in the first plurality of sub-carriers at a third time adjacent
`
`to the second time and in the secondplurality of sub-carriers at the third time; anda
`
`second OFDM modulation signal by:(iv) inserting the symbols for demodulation in the
`
`secondplurality of subcarriers at the first time and in thefirst plurality of sub-carriers at
`
`the secondtime; (v) inserting the symbols, having both the | component and the Q
`
`componentin the I-Q planeof zero, in the first plurality of sub-carriers at the first time
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 5
`
`and in the secondplurality of sub-carriers at the second time; and (vi) inserting second
`
`data symbols in the first plurality of sub-carriers at the third time and in the second
`
`plurality of sub-carriers at the third time”.
`
`The recited limitation “maps reference signals in first subcarriers at a first time
`
`andin second sub-carriers at a secondtimefor first Orthogonal Frequency Division
`
`Multiplexing (OFDM) signals, wherein no signal is mapped in the second sub-carriers at
`
`the first time andin the first sub-carriers at the second time for the first OFDM signals,
`
`and which, in operation, maps reference signals in the second sub-carriers at the first
`
`time andin the first sub-carriers at the second time for second OFDMsignals, wherein
`
`no signal is mappedin the first sub-carriers at the first time and in the second sub-
`
`carriers at the second time for the second OFDMsignals” as claimed in the application
`
`does not appear to makethe application patently distinct from the recited limitation
`
`“inserting symbols for demodulation in a first plurality of subcarriers at a first time and in
`
`a secondplurality of sub-carriers at a second time adjacentto thefirst time, the symbols
`
`for demodulation being reception processing reference symbols of a reception
`
`apparatus and having both an in-phase (I) component and a quadrature-phase (Q)
`
`componentin an I-Q plane of non-zero;(ii) inserting symbols, having both the in-phase
`
`(1) component and the quadrature-phase (Q) componentin the I-Q plane of zero, in the
`
`secondplurality of sub-carriers at the first time and in thefirst plurality of sub-carriers at
`
`the second time;
`
`andi(ili) inserting first data symbols in thefirst plurality of sub-carriers
`
`at a third time adjacent to the second time and in the secondplurality of sub-carriers at
`
`the third time; and a second OFDM modulation signal by: (iv) inserting the symbols for
`
`demodulation in the secondplurality of subcarriers at the first time and in thefirst
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 6
`
`plurality of sub-carriers at the second time;
`
`(v) inserting the symbols, having both the |
`
`component and the Q componentin the I-Q plane of zero, in the first plurality of sub-
`
`carriers at the first time and in the second plurality of sub-carriers at the secondtime;
`
`and(vi) inserting second data symbols in the first plurality of sub-carriers at the third
`
`time and in the secondplurality of sub-carriers at the third time’. The mapping of
`
`reference signals in subcarriers and in times as claimed in the present application and
`
`inserting the symbols for demodulation (reference signals) in subcarriers and in times in
`
`the I-Q plane as claimed in patented claim are obvious wording variations.
`
`Therefore, it would have been obvious for one of ordinary skill in the art at the
`
`time the invention was madeto determine that claim 1
`
`is merely an obvious variation of
`
`the invention of the patented claim.
`
`4.
`
`Claim 3 is on the ground of nonstatutory double patenting as being unpatentable
`
`over claim 8 of U.S. Patent No. 10,491,351. Although the conflicting claims are not
`
`identical, they are not patentably distinct from each other becauseclaim 3 of the present
`
`application are obvious wording variation of the limitations presented in claim 8 of US
`
`Pat No. 10,491,351.
`
`Claim 3 differs from the patent claim, in that claim 3 recites the limitation
`
`“mapping reference signals in first sub-carriers at a first time and in second sub-carriers
`
`at a secondtimeforfirst Orthogonal Frequency Division Multiplexing (OFDM) signals,
`
`wherein no signal is mapped in the second sub-carriers at the first time andin thefirst
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 7
`
`sub-carriers at the secondtimefor the first OFDM signals; mapping reference signals in
`
`the second sub-carriers at the first time andin the first sub-carriers at the second time
`
`for a second OFDMsignals, wherein no signal is mappedin thefirst sub-carriers at the
`
`first time and in the second sub-carriers at the second time for the second OFDM
`
`signals’. While the patented claim recites the limitation “inserting symbols for
`
`demodulation in a first plurality of sub-carriers at a first time and in a second plurality of
`
`sub-carriers at a second time adjacentto the first time, the symbols for demodulation
`
`being reception processing reference symbols of a reception apparatus and having both
`
`an in-phase(I) component and a quadrature-phase (Q) componentin an I-Q plane of
`
`non-zero;
`
`(if) inserting symbols, having both the in-phase (I) component and the
`
`quadrature-phase (Q) componentin the I-Q plane of zero, in the second plurality of sub-
`
`carriers at the first time andin the first plurality of sub-carriers at the second time, and
`
`(ii) inserting first data symbols in the first plurality of sub-carriers at a third time adjacent
`
`to the second time and in the secondplurality of sub-carriers at the third time; anda
`
`second OFDM modulation signal using the OFDM modulation signal generating circuitry
`
`by:(iv) inserting symbols for demodulation in the secondplurality of sub-carriers at the
`
`first time andin the first plurality of sub-carriers at the second time; and (v) inserting
`
`symbols, having both the | component and the Q componentin the I-Q plane ofzero, in
`
`the first plurality of sub-carriers at the first time and in the second plurality of sub-
`
`carriers at the second time; and (vi) inserting second data symbols in the first plurality
`
`of sub-carriers at the third time and in the second plurality of sub-carriers at the third
`
`time’ .The recited limitation “maps reference signals in first subcarriers at a first time and
`
`in second sub-carriers at a secondtimeforfirst Orthogonal Frequency Division
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 8
`
`Multiplexing (OFDM) signals, wherein no signal is mapped in the second sub-carriers at
`
`the first time and in the first sub-carriers at the secondtime for the first OFDM signals,
`
`and which, in operation, maps reference signals in the second sub-carriers at the first
`
`time andin the first sub-carriers at the second time for second OFDMsignals, wherein
`
`no signal is mappedin the first sub-carriers at the first time and in the second sub-
`
`carriers at the second time for the second OFDMsignals” as claimed in the application
`
`does not appear to makethe application patently distinct from the recited limitation
`
`“inserting symbols for demodulation in a first plurality of sub-carriers at a first time and in
`
`a secondplurality of sub-carriers at a second time adjacentto the first time, the symbols
`
`for demodulation being reception processing reference symbols of a reception
`
`apparatus and having both an in-phase(I) component and a quadrature-phase (Q)
`
`componentin an I-Q plane of non-zero;
`
`(ii) inserting symbols, having both the in-phase
`
`(1) component and the quadrature-phase (Q) componentin the I-Q plane of zero, in the
`
`secondplurality of sub-carriers at the first time and in the first plurality of sub-carriers at
`
`the second time, and(iil) inserting first data symbols in the first plurality of sub-carriers
`
`at a third time adjacent to the second time and in the second plurality of sub-carriers at
`
`the third time; and a second OFDM modulation signal using the OFDM modulation
`
`signal generating circuitry by:(iv) inserting symbols for demodulation in the second
`
`plurality of sub-carriers at the first time andin thefirst plurality of sub-carriers at the
`
`second time; and (v) inserting symbols, having both the | component and the Q
`
`componentin the I-Q plane of zero, in the first plurality of sub-carriers at thefirst time
`
`and in the secondplurality of sub-carriers at the second time; and (vi) inserting second
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 9
`
`data symbols in the first plurality of sub-carriers at the third time and in the second
`
`plurality of sub-carriers at the third time’.
`
`The mapping of reference signals in subcarriers and in times as claimed in the
`
`present application and inserting the symbols for demodulation (reference signals)in
`
`subcarriers and in times in the I-Q plane as claimed in patented claim are obvious
`
`wording variations.
`
`Therefore, it would have been obvious for one of ordinary skill in the art at the
`
`time the invention was madeto determine that claim 3 is merely an obvious variation of
`
`the invention of the patented claim.
`
`5.
`
`Claim 5 is on the ground of nonstatutory double patenting as being unpatentable
`
`over claim 9 of U.S. Patent No. 10,491,351. Although the conflicting claims are not
`
`identical, they are not patentably distinct from each other becauseclaim 5 of the present
`
`application are obvious wording variation of the limitations presented in claim 9 of US
`
`Pat No. 10,491,351.
`
`Claim 5 differs from the patent claim, in that claim 5 recites the limitation “wherein
`
`the first OFDM signals are generated from reference signals mappedin first sub-carriers
`
`at a first time and in second sub-carriers at a second time, wherein no signal is mapped
`
`in the second sub-carriers at the first time and in the first sub-carriers at the second time
`
`for the first OFDM signals, and the second OFDMsignals are generated from reference
`
`signals mappedin the second sub-carriers at the first time and in the first sub-carriers at
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 10
`
`the second time, wherein no signal is mappedin the first sub-carriers at the first time
`
`and in the second sub-carriers at the secondtime for the second OFDMsignals’. While
`
`the patented claim recites the limitation “symbols for demodulation insertedin a first
`
`plurality of sub-carriers at a first time and in a secondplurality of sub-carriers at a
`
`second time adjacentto the first time, the symbols for demodulation being reception
`
`processing reference symbols of the reception apparatus and having both an in-phase
`
`(I) component and a quadrature-phase (Q) componentin an I-Q plane of non-zero; and
`
`(ii) symbols, having both the in-phase (I) component and the quadrature-phase (Q)
`
`componentin the I-Q plane of zero, inserted in the secondplurality of sub-carriers at the
`
`first time andin the first plurality of sub-carriers at the second time; and(ili) inserting first
`
`data symbols in the first plurality of sub-carriers at a third time adjacent to the second
`
`time and in the secondplurality of sub-carriers at the third time; and the second OFDM
`
`modulation signal includes:(iv) symbols for demodulation inserted in the second
`
`plurality of sub-carriers at the first time andin thefirst plurality of sub-carriers at the
`
`second time;
`
`(v) symbols, having both the | component and the Q componentin the I-Q
`
`plane of zero, inserted in the first plurality of sub-carriers at the first time and in the
`
`secondplurality of sub-carriers at the second time; and(vi) inserting second data
`
`symbols in the first plurality of sub-carriers at the third time and in the second plurality of
`
`sub-carriers at the third time”. The recited limitation “wherein the first OFDM signals are
`
`generated from reference signals mappedin first sub-carriers at a first time and in
`
`second sub-carriers at a second time, wherein no signal is mapped in the second sub-
`
`carriers at the first time and in the first sub-carriers at the second time for the first OFDM
`
`signals, and the second OFDMsignals are generated from reference signals mapped in
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 11
`
`the second sub-carriers at the first time andin the first sub-carriers at the secondtime,
`
`wherein no signal is mappedin the first sub-carriers at the first time and in the second
`
`sub-carriers at the second time for the second OFDMsignals’ as claimed in the
`
`application does not appear to makethe application patently distinct from the recited
`
`limitation “symbols for demodulation inserted in a first plurality of sub-carriers at a first
`
`time and in a secondplurality of sub-carriers at a second time adjacentto the first time,
`
`the symbols for demodulation being reception processing reference symbols of the
`
`reception apparatus and having both an in-phase (I) component and a quadrature-
`
`phase (Q) componentin an I-Q plane of non-zero; and(ii) symbols, having both the in-
`
`phase (I) component and the quadrature-phase (Q) componentin the I-Q plane of zero,
`
`inserted in the second plurality of sub-carriers at the first time and in the first plurality of
`
`sub-carriers at the second time; and(iii) inserting first data symbols in the first plurality
`
`of sub-carriers at a third time adjacent to the second time andin the secondplurality of
`
`sub-carriers at the third time; and the second OFDM modulation signal includes:(iv)
`
`symbols for demodulation inserted in the secondplurality of sub-carriers at the first time
`
`andin the first plurality of sub-carriers at the second time;
`
`(v) symbols, having both the
`
`| component and the Q componentin the I-Q plane of zero, insertedin the first plurality
`
`of sub-carriers at the first time and in the secondplurality of sub-carriers at the second
`
`time; and (vi) inserting second data symbols in the first plurality of sub-carriers at the
`
`third time and in the secondplurality of sub-carriers at the third time”.
`
`The mapping of reference signals in subcarriers and in times as claimed in the
`
`present application and inserting the symbols for demodulation (reference signals)in
`
`

`

`Application/Control Number: 16/658,994
`Art Unit: 2631
`
`Page 12
`
`subcarriers and in times in the I-Q plane as claimed in patented claim are obvious
`
`wording variations.
`
`Therefore, it would have been obvious for one of ordinary skill in the art at the
`
`time the invention was madeto determine that claim 5 is merely an obvious variation of
`
`the invention of the patented claim. Claim 9 further includes OFDM demodulating
`
`circuitry, which, in operation, transforms the first and the second OFDM modulation
`
`signals to two reception signals using Fourier transform.
`
`6.
`
`Claim 7 is on the ground of nonstatutory double patenting as being unpatentable
`
`over claim 15 of U.S. Patent No. 10,491,351. Although the conflicting claims are not
`
`identical, they are not patentably distinct from each other because claim 7 of the
`
`present application are obvious wording variation of the limitations presented in claim 15
`
`of US Pat No. 10,491,351.
`
`Claim 7 differs from the patent claim, in that claim 7 recites the limitation “wherein
`
`the first OFDM signals are generated from reference signals mappedin first sub-carriers
`
`at a first time and in second sub-carriers at a second time, wherein no signal is mapped
`
`in the second sub-carriers at the first time and in the first sub-carriers at the second time
`
`for the first OFDM signals, and the second OFDMsignals are generated from reference
`
`signals mappedin the second sub-carriers at the first time and in the first sub-carriers at
`
`the second time, wherein no signal is mappedin the first sub-carriers at the first time
`
`and in the second sub-carriers at the second time for the second OFDM signals; and
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`

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`Application/Control Number: 16/658,994
`Art Unit: 2631
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`Page 13
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`using the reference signals to demodulate data includedin the first OFDM signals and
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`the second OFDMsignals’. While the patented claim recites the limitation “symbols for
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`demodulation inserted in a first plurality of sub-carriers at a first time and in a second
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`plurality of sub-carriers at a second time adjacentto thefirst time, the symbols for
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`demodulation being reception processing reference symbols of a reception apparatus
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`and having both an in-phase(I) component and a quadrature-phase (Q) componentin
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`an I-Q plane of non-zero;
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`(ii) symbols, having both the in-phase (I) component and the
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`quadrature-phase (Q) componentin the I-Q plane of zero, inserted in the second
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`plurality of sub-carriers at the first time andin thefirst plurality of sub-carriers at the
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`second time; and(ili) inserting first data symbols in the first plurality of sub-carriers at a
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`third time adjacent to the second time and in the second plurality of sub-carriers at the
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`third time; and the second OFDM modulation signal includes:(iv) symbols for
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`demodulation inserted in the secondplurality of sub-carriers at the first time and in the
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`first plurality of sub-carriers at the second time; and (v) symbols, having both the |
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`component and the Q componentin the I-Q plane of zero, inserted in the first plurality of
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`sub-carriers at the first time and in the secondplurality of sub-carriers at the second
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`time; and (vi) inserting second data symbols in the first plurality of sub-carriers at the
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`third time and in the secondplurality of sub-carriers at the third time’. The recited
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`limitation “wherein the first OFDM signals are generated from reference signals mapped
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`in first sub-carriers at a first time and in second sub-carriers at a second time, wherein
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`no signal is mapped in the second sub-carriers at the first time and in the first sub-
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`carriers at the second timefor the first OFDM signals, and the second OFDMsignals
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`are generated from reference signals mapped in the second sub-carriers at thefirst time
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`

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`Application/Control Number: 16/658,994
`Art Unit: 2631
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`Page 14
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`and in the first sub-carriers at the second time, wherein no signal is mappedin thefirst
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`sub-carriers at the first time and in the second sub-carriers at the second time for the
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`second OFDMsignals; and using the reference signals to demodulate data included in
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`the first OFDM signals and the second OFDMsignals’ ” as claimed in the application
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`does not appear to makethe application patently distinct from the recited limitation
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`“symbols for demodulation inserted in a first plurality of sub-carriers at a first time and in
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`a secondplurality of sub-carriers at a second time adjacentto thefirst time, the symbols
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`for demodulation being reception processing reference symbols of a reception
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`apparatus and having both an in-phase (I) component and a quadrature-phase (Q)
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`componentin an I-Q plane of non-zero;
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`(ii) symbols, having both the in-phase(lI)
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`component and the quadrature-phase (Q) componentin the I-Q planeof zero, inserted
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`in the secondplurality of sub-carriers at the first time and in the first plurality of sub-
`
`carriers at the second time;
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`andi(iil) inserting first data symbols in the first plurality of
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`sub-carriers at a third time adjacent to the second time and in the second plurality of
`
`sub-carriers at the third time; and the second OFDM modulation signal includes:(iv)
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`symbols for demodulation inserted in the secondplurality of sub-carriers at the first time
`
`andin the first plurality of sub-carriers at the second time; and (v) symbols, having both
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`the | component and the Q componentin the I-Q plane of zero, inserted in the first
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`plurality of sub-carriers at the first time and in the secondplurality of sub-carriers at the
`
`second time; and (vi) inserting second data symbols in the first plurality of sub-carriers
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`at the third time and in the secondplurality of sub-carriers at the third time’.
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`The mapping of reference signals in subcarriers and in times as claimed in the
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`present application and inserting the symbols for demodulation (reference signals)in
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`Application/Control Number: 16/658,994
`Art Unit: 2631
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`Page 15
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`subcarriers and in times in the I-Q plane as claimed in patented claim are obvious
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`wording variations.
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`Therefore, it would have been obvious for one of ordinary skill in the art at the
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`time the invention was madeto determine that claim 7 is merely an obvious variation of
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`the invention of the patented claim. Claim 15 further includes OFDM demodulating
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`circuitry, which, in operation, transforming the first and the second OFDM modulation
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`signals to two reception signals using Fourier transform.
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`7.
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`Claim 1 is on the ground of nonstatutory double patenting as being unpatentable
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`over claim 1 of U.S. Patent No. 10,263,749. Although the conflicting claims are not
`
`identical, they are not patentably distinct from each other becauseclaim 1 of the present
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`application are obvious wording variation of the limitations presented in claim 1 of US
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`Pat No. 10,263,749.
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`Claim 1 differs from the patent claim, in that claim 1 recites the limitation “maps
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`reference signals in first subcarriers at a first time and in second sub-carriers at a
`
`second time for first Orthogonal Frequency Division Multiplexing (OFDM) signals,
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`wherein no signal is mapped in the second sub-carriers at the first time and in the first
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`sub-carriers at the second time for the first OFDM signals, and which, in operation,
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`maps reference signals in the second sub-carriers at the first time andin thefirst sub-
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`carriers at the second time for second OFDMsignals, wherein no signal is mapped in
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`the first sub-carriers at the first time and in the second sub-carriers at the second time
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`Application/Control Number: 16/658,994
`Art Unit: 2631
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`Page 16
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`for the second OFDMsignals”. While the patented claim recites the limitation” inserting
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`symbols for demodulation in a first plurality of subcarriers at a first time and in a second
`
`plurality of sub-carriers at a second time adjacentto the first time, the symbols for
`
`demodulation being reception processing reference symbols of a reception apparatus;
`
`(ii) inserting symbols, having both an in-phase (I) component and a quadrature-phase
`
`(Q) componentin an I-Q plane of zero, in the second plurality of sub-carriers atthe first
`
`time andin the first plurality of sub-carriers at the second time; andi (iii) inserting first
`
`data symbols in the first plurality of sub-carriers at a third time adjacent to the second
`
`time and in the secondplurality of sub-carriers at the third time; and a second OFDM
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`modulation signalby:(iv) inserting the symbols for demodulation in the second plurality
`
`of subcarriers at the first time and in the first plurality of sub-carriers at the second time;
`
`(v) inserting the symbols, having both the | component and the Q componentin the I-Q
`
`plane of zero, in the first plurality of sub-carriers at the first time and in the second
`
`plurality of sub-carriers at the second time; and (vi) inserting second data symbols in
`
`the first plurality of sub-carriers at the third time and in the second plurality of sub-
`
`carners at the third time”. The recited limitation “maps reference signals in first
`
`subcarriers at a first time and in second sub-carriers at a second timeforfirst
`
`Orthogonal Frequency Division Multiplexing (OFDM) signals, wherein no signalis
`
`mappedin the second sub-carriers at the first time andin the first sub-carriers at the
`
`second time for the first OFDM signals, and which, in operation, maps reference signals
`
`in the se