Ex Parte Meyer

Patent Trial and Appeal Board

Nov 14, 2013

10845471 (P.T.A.B. Nov. 14, 2013)

UNITED STATES PATENT AND TRADEMARK OFFICE
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
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
10/845,471 05/13/2004 Jacques Meyer 852263.413 7290
38106 7590 11/14/2013
SEED INTELLECTUAL PROPERTY LAW (EP ORIGINATING)
701 FIFTH AVENUE, SUITE 5400
SEATTLE, WA 98104-7092
EXAMINER
PATEL, DHAVAL V
ART UNIT PAPER NUMBER
2631
MAIL DATE DELIVERY MODE
11/14/2013 PAPER
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.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE PATENT TRIAL AND APPEAL BOARD
____________

Ex parte JACQUES MEYER
____________

Appeal 2011-001395
Application 10/845,471
Technology Center 2600
____________

Before JEFFREY S. SMITH, JASON V. MORGAN, and
IRVIN E. BRANCH, Administrative Patent Judges.

SMITH, Administrative Patent Judge.

DECISION ON APPEAL
Appeal 2011-001395
Application 10/845,471

2
STATEMENT OF THE CASE
This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final
rejection of claims 1-28. We have jurisdiction under 35 U.S.C. § 6(b).
We reverse.

Representative Claim
Claim 1. A method for receiving a composite signal transmitted via a
nonlinear data transmission channel according to a modulation pattern using
a given constellation having a first signal UL and a second signal LL, the
method comprising:
demodulating and decoding said first signal UL by using a first
demodulation and decoding chain in order to regenerate first information of
said first signal UL;
from said first regenerated information, recoding a set of symbols of
complex number form z = x + jy representative of said constellation used for
transmission and, shaping to rebuild a continuous time waveform of said
symbols;
applying a self-adaptive nonlinearity function, which models a
nonlinearity introduced into said composite signal by said transmission
channel, to said continuous time waveform;
subtracting a result of said nonlinearity function from said composite
signal to generate a result E; and
demodulating and decoding said result E by using a second
demodulation and decoding chain in order to regenerate second information
of said second signal LL, wherein said self-adaptive nonlinearity function
uses an adaptive process based on a calculation which minimizes a
correlation between said result E and said continuous time waveform,
wherein said correlation is calculated according to said result E multiplied
by z*, wherein z* is a conjugated complex number of said z.

Prior Art
Stonick U.S. 5,900,778 May 4, 1999
Nagatani U.S. 6,836,517 B2 Dec. 28, 2004
Bauder U.S. 6,853,246 B2 Feb. 8, 2005

Appeal 2011-001395
Application 10/845,471

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Chen ʼ473 U.S. 7,184,473 B2 Feb. 27, 2007
Chen ʼ671 U.S. 7,245,671 B1 July 17, 2007

Examiner’s Rejections
Claims 1, 2, 5, 7, 10-12, 14-17, 20-23, 25, 26, and 28 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Chen ’473 and
Nagatani.
Claims 3, 19, 24, and 27 stand rejected under 35 U.S.C. § 103(a) as
being unpatentable over Chen ’473, Nagatani, and Stonick.
Claims 4, 8, and 18 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Chen ’473, Nagatani, and Bauder.
Claims 6 and 13 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Chen ’473, Nagatani, and Chen ’671.
Claim 9 stands rejected under 35 U.S.C. § 103(a) as obvious over
Chen ’473 and Nagatani.

ANALYSIS
Claim 1 recites “applying a self-adaptive nonlinearity function …
wherein said self-adaptive nonlinearity function uses an adaptive process
based on a calculation which minimizes a correlation between said result E
and said continuous time waveform, wherein said correlation is calculated
according to said result E multiplied by z*, wherein z* is a conjugated
complex number of said z.” The Examiner finds that Nagatani teaches a
complex conjugate signal u*(t) used to compensate for distortion. Ans. 6,
17-18. Appellant contends that u(t) is not “a set of symbols of complex
number form z = x + jy representative of said constellation used for
Appeal 2011-001395
Application 10/845,471

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transmission.” Rather, Appellant contends that u(t) is a product of a
transmission signal x(t) and a distortion function f(p). Reply Br. 3-4.
We agree with Appellant. The Examiner has not provided persuasive
evidence or explanation to show how u(t) teaches a set of symbols
representative of a constellation used for transmission. Therefore, we find
that the Examiner has not established that the combination of Chen ’473 and
Nagatani teaches “said correlation is calculated according to said result E
multiplied by z*, wherein z* is a conjugated complex number of” a set of
symbols of complex constellation form representative of a constellation used
for transmission.
We do not sustain the rejection of claim 1 under 35 U.S.C. § 103.
Independent claims 10, 14, 20, and 25 contain a limitation similar to that of
claim 1 for which the rejection fails.

DECISION
The rejections of claims 1-28 under 35 U.S.C. § 103 are reversed.

REVERSED

kis