Ex Parte Baker et alDownload PDFPatent Trial and Appeal BoardJun 7, 201812293289 (P.T.A.B. Jun. 7, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 12/293,289 09/17/2008 Matthew P.J. Baker 24737 7590 06/11/2018 PHILIPS INTELLECTUAL PROPERTY & STANDARDS 465 Columbus A venue Suite 340 Valhalla, NY 10595 UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 2006P00916WOUS 9360 EXAMINER TRAN,PAULP ART UNIT PAPER NUMBER 2649 NOTIFICATION DATE DELIVERY MODE 06/11/2018 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): patti. demichele@Philips.com marianne.fox@philips.com katelyn.mulroy@philips.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte MATTHEW P.J. BAKER and TIMOTHY J. MOULSLEY Appeal2018-000390 Application 12/293,289 1 Technology Center 2600 Before JOSEPH L. DIXON, JAMES W. DEJMEK, and MATTHEW J. McNEILL, Administrative Patent Judges. DEJMEK, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. § 134(a) from a Final Rejection of claims 1-17. We have jurisdiction over the pending claims under 35 U.S.C. § 6(b). We affirm. 1 Appellants identify Koninklijke Phillips N.V. as the real party in interest. App. Br. 3. Appeal2018-000390 Application 12/293,289 STATEMENT OF THE CASE Introduction Appellants' disclosed and claimed invention is directed to "provid[ing] improved signal quality reporting." Spec. 1 :27. According to the Specification, by using up-to-date channel quality information in a time- varying communications channel, improved downlink scheduling and the more efficient use of adaptive modulation and coding may be possible. Spec. 2:8-10. In a disclosed embodiment, rather than requiring an independent means to transmit the channel quality indication, a first signal used to assign resources for transmission of a second signal serves an additional function to initiate transmission of a channel quality indication prior to transmitting the second signal. Spec. 2: 13-15. Further, according to the Specification, the disclosed approach improves the efficiency (by reducing overhead transmissions) and provides a channel quality indication that is more representative of the current channel conditions, thereby improving reliability and efficiency in the transmission of the second signal. Spec. 2:13-18. Claim 1 is representative of the subject matter on appeal and is reproduced below with the disputed limitation emphasized in italics: 1. A method of operating a radio station, comprising: receiving a first signal indicative of a scheduled resource, said scheduled resource configured for use in receiving a second signal at the radio station, wherein the indication of said scheduled resource includes a transmission time slot, a transmission frequency, or a transmission channelization code, or any combination thereof; in response to receiving the first signal, adapting the radio station to receive the second signal using the scheduled resource indicated by said first signal; and 2 Appeal2018-000390 Application 12/293,289 prior to receiving the second signal and responsive to the first signal, transmitting an indication of channel quality, the indication of channel quality configured to enable a transmission format of the second signal to be selected for transmission of the second signal to the radio station, wherein for the second signal the transmission format includes a modulation scheme, a coding scheme, or a combination thereof. The Examiner's Rejections 1. Claims 1-3, 6-9, and 12-15 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Takano (US 2005/0249151 Al; Nov. 10, 2005) and Yoon et al. (US 2007 /0254595 Al; Nov. 1, 2007) ("Yoon"). Final Act. 3-7. 2. Claims 4, 5, 10, 11, 16, and 17 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Takano, Yoon, and Vannithamby et al. (US 2005/0201296 Al; Sept. 15, 2005) ("Vannithamby"). Final Act. 7-8. ANALYSIS 2 In rejecting independent claims 1, 6, 7, and 12, the Examiner relies on the combined teachings and suggestions of Takano and Yoon. Final Act. 3- 7. We begin our analysis with a review of these prior art references. Takano is generally directed to "wireless communications that carry out closed-loop MIMO [(Multi Input Multi Output)] transmission, using singular value decomposition (SVD) of a channel matrix with elements that are channels for pairs of transmit antennas and receive antennas." 2 Throughout this Decision, we have considered the Appeal Brief, filed April 19, 2017 ("App. Br."); the Reply Brief, filed October 11, 2017 ("Reply Br."); the Examiner's Answer, mailed August 11, 2017 ("Ans."); and the Final Office Action, mailed November 18, 2016 ("Final Act."), from which this Appeal is taken. 3 Appeal2018-000390 Application 12/293,289 Takano i-f 4. In particular, Takano discloses an approach that requires a fewer number of high-load calculations for SVD processing of a channel matrix. Takano i-fi-1 4, 68. In a disclosed embodiment, "both the transmitter and the receiver are equipped with multiple antennas, the transmitter allocates transmit data to multiple streams and transmits weighted streams from the transmit antennas and the receiver weights the streams received by the receive antennas." Takano i-f 71. Takano discloses that in an open-loop MIMO transmission scheme, channel information may be communicated from the transmitter to the receiver, which performs spatial multiplexing transmission independently from each other. Takano i-f 14. Additionally, in a closed-loop MIMO transmission scheme, "spatially orthogonal channels are created by feedback of preamble information [(i.e., known information to communicate channel information)] from the receiver to the transmitter as well." Takano i-f 14. Figure 1 of Takano is illustrative and is reproduced below: Ila-~ 31a 12a 11b l ~ RECEIVE ---- SW ---- -- ~~gmsffi~LOG -- UNlT 26a TRANSMIT S HlNAL ANALOG _ PROGfSS I !lG UNIT 32a F I G. 1 33 34 35 ' ····,-·- RECEIVE SYNC WEIGHT ACOU i S !Tl ON FFT ' U" UNIT ~ULn- PLIER 37 CHANMEL CHARACTERISTICS ~-------Copy with citationCopy as parenthetical citation