Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9042 Filed 02/16/23 Page 1 of 14
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`Exhibit A
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`

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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9043 Filed 02/16/23 Page 2 of 14
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`Docket No.: 061240-8006.US05
`(PATENT)
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent Application of:
`Li et al.
`
`Application No.: 14/321,615
`
`Confirmation No.: 1231
`
`Filed: July 1, 2014
`
`Art Unit: 2461
`
`For: METHODS AND APPARATUS FOR SIGNAL Examiner: Dmitry Levitan
`TRANSMISSION AND RECEPTION IN A
`BROADBAND COMMUNICATION SYSTEM
`
`AMENDMENT AND RESPONSE TO NON-FINAL OFFICE ACTION UNDER 37 CFR
`1.111
`
`MS Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`In response to the Non-Final Office Action mailed on April 21, 2016, please
`
`amend the above-identified U.S. patent application as follows:
`
`INTRODUCTORY COMMENTS
`
`Amendments to the Claims are reflected in the listing of claims which begins on
`
`page 2 of this paper.
`
`Remarks/Arguments begin on page 8 of this paper.
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`61240-8006.US0S/130760136.1
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9044 Filed 02/16/23 Page 3 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
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`Docket No.: 061240-8006.US0S
`
`AMENDMENTS TO THE CLAIMS
`
`Please amend the claims as follows:
`
`1-20. (Canceled)
`
`21.
`served by a base station in a communication system_yan·;pioyinQ_ Orti·1ogork'li __ Frequ~,ncv
`
`(Currently Amended) A communication method for a mobile device
`
`band to--k,~1,qgr:n,•-t--to the base station, the method comprising:
`
`receiving, at the mobile device, an instruction from the serving base station to
`
`transmit a probing signal;
`
`forming, in response to the received instruction, the probing signal with a code
`
`sequence modulated in the frequency domain, wherein:
`
`transrnifo.:;d __ over-Jhe uplink frequency band __ of_ the __ cornrnt.mication
`
`system; and
`
`transmitting the probing signal to the serving base station.
`
`22.
`
`(Previously Presented) The method of claim 21, wherein transmission
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`power of the probing signal is under power control.
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`61240-8006.US0S/130760136.1
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9045 Filed 02/16/23 Page 4 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
`
`Docket No.: 061240-8006.US0S
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`23.
`
`(Previously Presented) The method of claim 22, wherein an
`
`initial
`
`transmission power at the mobile device is set at least based on a path loss between
`
`the serving base station and the mobile device.
`
`24.
`
`(Previously Presented) The method of claim 21, wherein the probing
`
`signal enables the serving base station to estimate a channel profile in the frequency
`
`domain.
`
`25.
`
`(Previously Presented) The method of claim 24, wherein the channel
`
`profile is used by the serving base station to determine a transmission format for a
`
`subsequent transmission over the channel.
`
`26.
`
`(Previously Presented) The method of claim 25, wherein the transmission
`
`format comprises a modulation/coding and pilot pattern.
`
`27.
`
`(Previously Presented) The method of claim 24, wherein the channel
`
`profile is used for beamforming in a subsequent transmission by the serving base
`
`station.
`
`28.
`
`(Currently Amended) A communication method for a base station serving
`
`transmitting an instruction to onG __ o1'Jheplur":,Hty __ or __ mobile device~, to transmit a
`probing signal, wherein:
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`61240-8006.US0S/130760136.1
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9046 Filed 02/16/23 Page 5 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
`
`Docket No.: 061240-8006.US0S
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`the probing signal is formed with a code sequence modulated in the
`
`frequency domain;
`
`upi1nf\ __ Si::..ltk:iis_Jcansn--iitt;:_::d ___ ovar_the uplink frequency band ___ of __ ti'K~
`
`system; and
`
`receiving the probing signal from the __ one_d_fr1,2_p!utaiitv o(the mobile devices.
`
`29.
`
`(Previously Presented) The method of claim 28, wherein the base station
`
`utilizes the received probing signal to estimate a channel profile in the frequency
`
`domain.
`
`30.
`
`(Previously Presented) The method of claim 29, wherein the base station
`
`utilizes the estimated channel profile to determine a transmission format for a
`
`subsequent transmission over the channel.
`
`31.
`
`(Previously Presented) The method of claim 30, wherein the transmission
`
`format comprises a modulation/coding and pilot pattern.
`
`32.
`
`(Previously Presented) The method of claim 29, wherein the base station
`
`utilizes the estimated channel profile for beamforming in a subsequent transmission.
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`61240-8006.US0S/130760136.1
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9047 Filed 02/16/23 Page 6 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
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`Docket No.: 061240-8006.US05
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`33.
`
`(Currently Amended) A mobile device served by a base station in a
`
`station, the mobile device comprising:
`
`a receiver configured to receive an instruction from the serving base station to
`
`transmit a probing signal;
`
`a processor configured to form, in response to the received instruction, the
`
`probing signal with a code sequence modulated in the frequency domain,
`
`wherein:
`
`system; and
`
`a transmitter configured to transmit the probing signal to the serving base station.
`
`34.
`
`(Previously Presented) The mobile device of claim 33, further comprising
`
`a power controller configured to perform transmission power control of the probing
`
`signal.
`
`35.
`
`(Previously Presented) The mobile device of claim 34, wherein an initial
`
`transmission power at the mobile device is set at least based on a path loss between
`
`the serving base station and the mobile device.
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9048 Filed 02/16/23 Page 7 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
`
`Docket No.: 061240-8006.US0S
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`36.
`
`(Currently Amended) A base station serving a..rllhLLsElY.gf mobile device_§
`
`theJllhtc.sELx:gf mobile device_~., the base station comprising:
`a transmitter configured to transmit an instruction to one_ o( the piuraiity of _mobile
`
`device.~. to transmit a probing signal, wherein:
`
`the probing signal is formed with a code sequence modulated in the
`
`frequency domain;
`
`system; and
`
`a receiver configured to receive the probing signal from the_ ona __ of_the _ oit.ff~:."liitv __ of
`
`mobile devices.
`
`37.
`
`(Previously Presented) The base station of claim 36, further comprising a
`
`processor configured to utilize the received probing signal to estimate a channel profile
`
`in the frequency domain.
`
`38.
`
`(Previously Presented) The base station of claim 37, wherein
`
`the
`
`processor utilizes the estimated channel profile to determine a transmission format for a
`
`subsequent transmission over the channel.
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9049 Filed 02/16/23 Page 8 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
`
`Docket No.: 061240-8006.US0S
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`39.
`
`(Previously Presented) The base station of claim 37, wherein
`
`the
`
`processor utilizes the estimated channel profile for beamforming in a subsequent
`
`transmission.
`
`40.
`
`(Currently Amended) A communication system employing Octhczpon":,I
`
`rj~:.1t~:.1 sut;c~:.1rTk:.1ri; ~:.1ncJ cc)ntrcJ! :t:f~JrTr1,:.1UcJr1
`
`ii; tr~:.1r1srnith.:.~~j t)n ::..:cJntr~J!
`
`............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
`
`i;u!)c~~:.1rrit:1rs
`
`in an
`
`uplink frequency band--ki1-~-upl+.-:,,l\--t:,:'ff-l&,T"ht&&k,t\ the communication system comprising:
`
`a base station configured to transmit kH.,1--fl1{:,I:l+!~H:iH-v-H;~,--an instruction requesting
`
`a probing signal; and
`
`a mobile device configured to:
`
`receive ,,1n----thl'.'~
`
`instruction from the base station requesting a probing
`
`signal;
`
`form, in response to the received instruction, the probing signal with a
`
`code sequence modulated in the frequency domain, wherein:
`
`the probing signal is configured to avoki--1-..,,,Jtx-,ar:,·:j~,r:&o\i~~~rlap, in the
`
`communication system; and
`
`transmit the probing signal to the requesting base station.
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`61240-8006.US0S/130760136.1
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9050 Filed 02/16/23 Page 9 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
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`Docket No.: 061240-8006.US0S
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`REMARKS
`
`Based on the following remarks, the applicant respectfully requests that the
`
`rejections set forth in the Office Action mailed April 21, 2016 (the "Office Action") be
`
`withdrawn.
`
`The applicant has reviewed the Office Action and submits that all objections and
`
`rejections raised in the Office Action have been appropriately resolved herein. Each
`
`objection and rejection is addressed below, preceded by a heading similar to that found
`in the Office Action. 1
`
`Claims 21-40 were pending when the present Office Action was mailed. Claims
`
`21, 28, 33, 36, and 40 have been amended in this response, and no claims have been
`
`added or canceled. Accordingly, claims 21-40 remain pending.
`
`I.
`
`Response to the Section 112 Rejection of Claims 21-40
`
`Claims 21-40 were rejected under 35 U.S.C. § 112, second paragraph, as being
`
`indefinite for failing to particularly point out and distinctly claim the subject matter
`
`regarded as the invention. Specifically, the Office objected to certain phrasing which
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`may result in lack of clarity as to which frequency bands or channels are considered
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`"uplink control channels" and which are not. (Office Action, p. 2.) Although applicant
`
`respectfully disagrees, applicant has amended independent claims 21, 28, 33, 36, and
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`40 to more particularly specify the portions of the uplink frequency band in the claim.
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`Notably, applicant has amended the claims to indicate that a mobile device transmits
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`"data information on data subcarriers and control information on control subcarriers in
`an uplink frequency band." Such amendment is supported by, for example, ,I [0030]
`
`1 Silence regarding a position taken, or argument made, by the Office does not indicate any acquiescence
`to that position or argument. Furthermore, arguments made by the applicant with respect to a particular
`claim or claims apply only to those claim or claims, and not to other claims or patents/applications, unless
`specifically noted herein.
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9051 Filed 02/16/23 Page 10 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
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`Docket No.: 061240-8006.US0S
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`("Data subcarriers, which contain information data ... "), ,I [0059] ("the control subcarriers
`
`are more important than the data subcarriers and may need to have a better protection
`in the overlay system"), and ,I [0060] ("the DSSS sequence is designed to have
`spectrum nulls at MC control subchannels") of the application as filed (emphasis added
`
`to all quotes).
`
`The claims have been further amended to specify that the probing signal is
`
`configured to "overlap, in the frequency domain, with data subcarriers but to avoid the
`
`control subcarriers in the uplink frequency band of the communication system." Such
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`amendment is supported by, for example, the frequency-domain plot of Figure 15,
`
`reproduced below, and
`
`its accompanying
`
`text. Figure 15 depicts the available
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`spectrum 1506 for data transmission, and the portion of that spectrum allocated to the
`
`control signal 1504 and (pilot) DSSS signal 1502. Notably, the pilot signal overlaps in
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`the frequency domain with the data subcarriers but avoids the control subcarriers in the
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`uplink frequency band.
`
`FIG.15
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`61240-8006.US0S/130760136.1
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9052 Filed 02/16/23 Page 11 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
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`Docket No.: 061240-8006.US0S
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`Applicant submits that the amended claims now clearly specify the arrangement
`
`of each signal component. Accordingly, applicant requests withdrawal of the Section
`
`112(b) rejection to claims 21-40.
`
`II.
`
`Response to the Section 102(b) Rejection of Claims 21-26, 28-31, 33-38, and
`40
`
`Claims 21-26, 28-31, 33-38, and 40 were rejected under 35 U.S.C. § 102(b) as
`
`being anticipated by U.S. Patent No. 7,317,931 to Guo ("Guo"). Applicant traverses.
`
`As amended, applicant's claimed technology is directed to an Orthogonal
`
`Frequency Division Multiplexing (OFDM) communication system
`
`in which mobile
`
`devices communicate with base stations. A mobile device utilizes an uplink frequency
`
`band,
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`in which data information
`
`is
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`transmitted on data subcarriers and control
`
`information is transmitted on control subcarriers, to transmit to a base station. Notably,
`
`the communication system relies upon a probing signal having unique characteristics. In
`
`the time domain, the probing signal is configured to overlap with uplink signals in the
`
`uplink frequency band. In the frequency domain, however, the probing signal overlaps
`
`with data subcarriers, but avoids control subcarriers in the uplink frequency band. Such
`
`an avoidance scheme is clearly reflected, for example, in Figure 15 of the application
`
`(reproduced above). As described in the specification, such a scheme helps avoid
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`interference between the probing signal and the control subcarriers.
`application, ,i [0060].)
`
`( See, e.g.,
`
`Applicant asserts that Guo fails to disclose or suggest the claimed limitations for
`
`a number of reasons. As the Office has noted, Guo is a Frequency Division Multiplexing
`
`(FDM)/Frequency Division Duplexing (FDD) system. (Office Action, p. 3; Guo, 1 :40-52.)
`
`In an FDM/FDD system, uplink and downlink channels are realized using different
`
`frequencies, and a physical channel is identified by a code and a frequency. (Id., 1 :49-
`
`52.) Such a system enables several signals to be transmitted simultaneously. One
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9053 Filed 02/16/23 Page 12 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
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`Docket No.: 061240-8006.US0S
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`implication of being an FDM/FDD system, however, is that the system uses a dedicated
`
`control channel (PCCH). ( See, e.g., id., 18:37-39.) The dedicated control channel is
`
`assigned its own frequency that is separate and distinct from data channels.
`
`Because of the use of a dedicated control channel, Guo fails to anticipate
`
`applicant's claimed transmission structure. Guo does not have a probing signal that
`
`overlaps, in the time domain, with uplink signals in the uplink frequency band, but in the
`
`frequency domain, overlaps with data subcarriers but avoids control subcarriers. Guo
`
`does not disclose this signal configuration because its dedicated control channel utilizes
`
`a separate and predefined frequency, and as such does not create a condition where
`
`the control channel resides in the same frequency band as the data signals. In such a
`
`case, Guo's probing signal is not "configured to overlap, in the frequency domain, with
`
`the data subcarriers but to avoid the control subcarriers in the uplink frequency band of
`
`the communication system," as claimed. As a result, Guo cannot anticipate applicant's
`
`claimed invention.
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`Moreover, not only does Guo fail to disclose applicant's transmission structure,
`
`but it also fails to suggest applicant's transmission structure because the problem that
`
`applicant's system solves will never arise in Guo. That is, because the control channel
`
`has a dedicated frequency that does not overlap with the data signals in Guo, there is
`
`no need to adjust the probing signal to avoid such a signal. One reviewing Guo would
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`not be motivated to craft the probing signal, as applicant has done, since there would
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`inherently be no interference between the probing signal and the control channel in a
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`TDD system.
`
`Overall, Guo fails to disclose or suggest a probing signal that overlaps, in the
`
`time domain, with other uplink signals in the uplink frequency band but, in the frequency
`
`domain, overlaps with data subcarriers but avoids control subcarriers in the uplink
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9054 Filed 02/16/23 Page 13 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
`
`Docket No.: 061240-8006.US0S
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`frequency band. Since the cited reference fails to teach or suggest all elements of the
`
`independent claims, the independent claims are allowable. The dependent claims are
`
`allowable as depending from allowable base claims, as well for the additional limitations
`
`that they contain. The applicant therefore respectfully requests reconsideration and
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`withdrawal of the Section 102 rejection of all claims.
`
`Finally, applicant notes that claims 21-40 were indicated as rejected under
`
`Section 102(b) in the Office Action Summary, but that no basis for rejection of claims
`
`27, 32, and 39 was specified in the Office Action argument. To the extent that the Office
`
`believes that those claims are anticipated, applicant respectfully requests that the Office
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`articulate the basis for the rejection.
`
`Ill.
`
`Conclusion
`
`In view of the foregoing, the pending claims comply with 35 U.S.C. § 112 and
`
`102, and are patentable over the applied art. The applicant accordingly requests
`
`reconsideration of the application and respectfully submit that the application is in
`
`condition for allowance.
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`If the Examiner has any questions or believes a telephone
`
`conference would expedite prosecution of this application, the Examiner is encouraged
`
`to contact the undersigned at (206) 359-8000.
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`Although the present communication may include alterations to the application or
`
`claims, or characterizations of claim scope or referenced art, the applicant is not
`
`conceding that previously pending claims are not patentable over the cited references;
`
`instead, any alteration or characterizations are being made to facilitate expeditious
`
`prosecution of this application.
`
`The applicant reserves the right to later pursue any previously pending or other
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`broader or narrow claims that capture any subject matter supported by the present
`
`disclosure, including subject matter that might be found disclaimed herein or by any
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`61240-8006.US0S/130760136.1
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`Case 2:22-md-03034-TGB ECF No. 127-2, PageID.9055 Filed 02/16/23 Page 14 of 14
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`Application No.: 14/321,615
`Response to Non-Final Office Action dated April 21, 2016
`
`Docket No.: 061240-8006.US0S
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`prior prosecution. Accordingly, reviewers of this or any parent, child or related
`
`prosecution history shall not reasonably infer that the applicant has made any
`
`disclaimers or disavowals of any subject matter supported by the present application.
`
`Please charge any underpayment or credit any overpayment to Deposit Account
`No. 50-0665 under Order No. 061240-8006.US05, from which the undersigned is
`
`authorized to draw.
`
`Dated: 21 October 2016
`
`Respectfully submitted,
`
`By /Stephen Bishop/
`Stephen Bishop
`Registration No.: 38,829
`
`Perkins Coie LLP
`P.O. Box 1247
`Seattle, WA 98111-1247
`Phone: (206) 359-8000
`Fax: (206) 359-7198
`
`Attorneys for Applicant
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`61240-8006.US0S/130760136.1
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