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`
`ADAPTIVE CHANNEL ALLOCATION m A FREQUENCY nxvxsxon MULTIPLEXED
`SYSTEM
`
`Publication number: WQQ701255
`Publication date:
`1997.01-09
`1"Vent0r=
`FRODIGH CARL MAGNUS; GUDMUNDSON PEROLS
`LElF MIKAEL
`ERICSSON TELEFON AB L M (SE)
`
`Applicant:
`Classification:
`- lnternationak
`
`' El"'°Pean:
`
`H04J11/00; H04L5/02; Ho4L27/26; H0407/36;
`H04Q7/38; H04J1’lI00; H04L5IO2; H04L27I26;
`HO4Q7l36; H04Q7}38; (IPC1-7): H04Q7/38$ H04L5/O6
`H04L5/O2Q; H04L27/26M1 P; H0407/3804; HO4W8iO26
`
`Application number: WO1996SEO0814 19960620
`1=r:oritynumber<s>= US1995049348919950622
`
`
`
`Also pubfished as;
`EP0882377 (A1)
`US5726978 (A1)
`Fl974555 (A)
`EP0882377 (A0)
`EP0382377 (B1)
`more »
`
`cited documents;
`
`
`
`5 WO9510144
`gs‘ U35295138
`us54co322
`EP0637181
`EP0490509
`more >>
`
`Report a data error here
`
`Abstract of W09701256
`A method and system of adaptive channel
`allocation in a frequency division multiplexed
`system is provided. in the method and system, a
`subset of M subcarriers is chosen from a larger
`set of N subcarriers available for communications
`on a link. As communications take place on the
`link, signal quality (Cll) measurements (342) on
`the subcarriers of the subset of M subcarriers
`and interference (l) measurements (344) on the
`subcarriers of the group of N subcarrlers are
`periodically performed. The C/l and l
`measurements are then used to reconfigure
`(422) the subset of M subcarriers to reduce co-
`channel interference on the link.
`
`
`
`
`
`Data supplied from the esp@cenet database - Worldwide
`
`hftp://V3.espacenet.corn/tcxtdoc?DB=EPODOC&IDX==IP1 1508417T&F=0&RPN=WO9...
`Page 3 83
`
`06/01/2007
`
`SPRINT 1108
`
`‘PART 2 OF 2
`
`SPRINT 1108
`
`

`
`eearcnmg t-mu
`
`l/4 '\"“‘/
`
`PATENTi ABSTRACTS OF JAPAN
`
`i
`
`(1 l)Publication number :
`(43)Datd of publication of application : 08.12.1995
`
`
`07-322219
`
`Ref. 2
`
`(5i)Int.Cl.
`
`
`
`HOIIN 7/01 5
`iiO4N 7/20
`
`
`
`
`(21)Application number : O6-079432:
`
`(7i)Applioant : MATSUSHITA ELECTRIC IND CO
`LT
`
`(72)Inventor :
`25.03.1994
`(22)Date of filing :
`
`
`OSHIMA MITSUAKI
`
`(30)Priority
`
`Priority number :05 66461
`05132984
`05261612
`05349972
`
`Priority date : 25.03.1993
`10.05.1993
`24.09.1993
`27.‘! 2.1 993
`
`Priority country 2 JP
`JP
`JP
`JP
`
`(54) TRANSMITTER
`
`(57)Abstract:
`PURPOSE: To form the transmission/reception system
`in which much more information at the same frequency
`band is sent by solving it that the impossibility of
`transmission information quantity cannot be increased
`the transmitter
`when a frequency band is limited in
`sending a digital signal.
`CONSTITUTION: A modulator 4 implementing m-value
`QAM modulation in a transmitter 1 assigns n-value data
`of a let data string to a signal poin group formed by
`grouping. signal points of n-value is data string and p-
`value 2nd and 3rd data strings on a space diagram and
`sends a modified m-value QAM mo ulation signal. A
`demoduiates the n-
`demodulator 25 of a lst receiver 2
`33 demodulates the
`
`value lst data string, a 2nd receive
`1st and 2nd data strings, a 3rd receiver 43 demodulates
`the 1st, 2nd and 3rd data strings, and even in the case
`of the receiver having only n-value demodulation
`capability of n<m demodulates data of the n-value 1st
`data string when the m-value modified multi-value
`modulation wave is received in the transmitter.
`
`
`
`Page 384
`
`

`
`<fl'\'\
`
`Page 5
`
`Partial English translation
`
`Ref. 2:
`
`l
`
`—~-------------—'—------(not translated) -------------------------
`
`
`
`{D334} As illustrated in
`conventional system in Fl
`such as QPSK, the trans
`
`communication capacity traffic distribution chart of a
`. 117, in a conventional digital communication system
`'ssion capacity at A ch of reception cells 768 and 770 is
`
`data 774 d which is a co bination of data 774d and 774b of uniform frequency
`
`use efficiency of 2 bitlHz shown in a chart of d = A and data 774c in a chart of d =
`B. and the frequency use fficiency is uniform at 2 bit/Hz at any sites. Meanwhile,
`in an actual urban area,
`opulation density is high in areas where buildings are
`tightly packed as ‘densely built-up
`areas 775a, 775b and 775c,
`and
`communication traffic volumes in these areas show peaks as shown in data 774e,
`
`The communication volume is small in areas surrounding the densely built-up
`
`areas. With respect to ‘(hf data 774s of actual traffic volume TF, the capacity of
`
`conventional cellular pho e is the same frequency efficiency of 2 bit/Hz in all
`
`areas as shown in the data 774d. That is, there is a problem of poor efficiency
`
`that the same frequency eifficiency as that used in areas where the traffic volume
`
`is large is also used in ar as where the traffic volume is small. The convention
`
`system has dealt with th
`where the traffic volume i
`
`problem by allocating more frequencies to the areas
`large to increase the number of channels or reducing
`
`the size of the reception ell. However, the increase in the number of channels
`
`has a limitation of frequen y spectrum. Further, multi-valuing such as l6QAM or
`
`64QAM in the convention I system increases transmission power. Reducing the
`
`size of the reception cell a d increasing the number of the cells cause an increase
`in the number of base
`tations and an increase in installation costs. The
`
`conventional system hast e above problems.
`
`ideally, high frequency efficiency is used in areas where the
`{G335}
`traffic volume is large, high frequency efficiency is used in areas where the traffic V
`
`volume is small, and low frequency efficiency is used in areas where the traffic
`
`volume is small, to increase the efficiency of the whole system. The above can
`
`be achieved by employing the hierarchical transmission system of the present
`invention. This will be described by use of a communication capacity traffic
`
`distribution chart
`
`in Example 8 of the present
`
`invention in Fig.
`
`‘I18.
`
`The
`
`distribution chart of Fig. 118 illustrates,
`from the top to the bottom,
`the
`communication capacities ion the line
`A—A' of reception cells 770B, 768, 769', 770
`and 770a. The reception cells 768 and 770 use frequencies of channels A. and
`the reception cells 77013. 769 and 770a use frequencies of channels 8 which are
`
`Page 385
`
`

`
`Page 6
`
`i
`
`not the same as those of ilthe channels A. The numbers of these channels are
`increased or decreased
`the base station controller 774 shown in Fig. 116
`according to the traffic vi;olume of each reception cell.
`in Fig. 118, d = A
`illustrates the distribution if the communication capacity of the channei A. d = 8
`
`illustrates the communication capacity of the channel 8, d = A + B illustrates the
`
`total of
`
`the communi
`
`tion capacities of
`
`ail channels, TF iilustrates
`
`a
`
`communication traffic vol me, and P illustrates distribution of buiidings and
`
`populations. Since the r cepticn cells 768, 769 and 770 use the multilayered
`
`transmission system such as SRQAM described in the above Example, 6 bitlHz
`
`equency use efticiency 2 bitlHz of QPSK is ‘obtained
`which is three times the
`around the base station a shown in data 776a, 776b and 776c. As the distance
`
`from the base station in reases, the frequency use efficiency decreases to 4
`
`bitlHz and then to 2 bitIH . Although the areas of 2 bit/Hz become narrow as
`
`compared with the size of he reception cells of QPSK represented by dotted lines
`
`777a, b and c without an increase in transmission power, the comparable size of
`
`the reception cells can be obtained by slightly increasing the transmission power
`
`of the base station. A mobile unit supporting 64SRQAM transmits or receives by
`modified QPSK resulting from setting the shift amount of SRQAM to S = 1 when it
`
`is distant from the base station. transmits or receives by 16SRQAM when close to
`
`the base station, and transmits or receives by 64SRQAM when closer to the base
`
`station.
`
`Therefore,
`
`the maximum transmission power never
`
`increases as
`
`compared with QPSK. Further, a transceiver of 4SRQAM having a simplified
`
`circuit as shown in a block diagram in Fig. 121 can communicate with other
`
`telephone while maintaining compatibility.
`
`The same applies to a unit of
`
`16SRQAM shown in a block diagram in Fig. 122. Thus, mobile units of three
`
`modulation systems exist.
`
`in the case of a cellular phone, smallness in size and
`
`weight is important.
`
`in the case of 4SRQAM. although calling rate becomes
`
`higher since frequency use efficiency lowers,
`
`it is suited for users who desire
`
`smallness in the size and weight of cellular phone since the circuit is simplified.
`
`Thus, the present system can adapt to a wide variety of applications.
`
`{0336}
`
`Thus, a transmission system having a distribution of different
`
`capacities as d = A + B in Fig. 118 is obtained. Placing a base station according
`
`to the traffic volume of TF has a great effect that overall frequency use efficiency
`
`is improved.
`
`in particular, since a micro-cell system involving small cells ailows
`
`many subbase stations to -be installed,
`
`the subbase stations can be easily
`
`instalied in areas with a large traffic volume, so that the effect of the present
`
`invention is significant.
`
`Page 386
`
`

`
`esp@cenct document View
`
`Page 1 Ofl
`
`FREQUENCY DIVISION MULTIPLEXING SYSTEM AND METHOD HAVING
`OPERATING PARAMETER CAPABLE or DYNAMIC INCREASE AND DECREASE
`CONTROL
`
`Publication number: JP1{)303849
`Publication date:
`1993-11-13
`Inventor:
`VAN NEE RICHARD D 3
`Applicant:
`LUCENT TECHNOLOGIES iNc
`Classification:
`
`- international:
`
`H04J11/OD; H04L27/26; H041_1/00; H04J1 1100;
`H04L27126; HO4L1/00; (IPC1 -7): H04..l11/O0
`HO4L27/26M2; H04L27/26M'l; HO4L27/ZGM1 P
`- European:
`Application number: JP’l9980088735 19980401
`Priority numbe-r(s)= US19970834684 19970401
`
`Argo pubflshgd 35:
`EPO869647
`U861"/5550 (81)
`EP0869647 (A3)
`EPO869647 (B1)
`
`
`
`Report a data error here
`
`Abstract of JP1 0303849
`PROBLEM TO BE SOLVED: To provide a
`flexible OFDM(orthogona| frequency division
`multiplexing) system which can provide the
`OFDM advantages to various types of
`communication environments by adding the
`increase/decrease control (scaling) to the OFDM
`system about its operating parameter or
`characteristic and accordingly improving the
`flexibility and adaptability of the OFDM system.
`SOLUTION: A dynamic rate control circuit 15
`responds to the optional one of conceivable
`inputs in order to set a coding block 14 at an
`appropriate coding rate. in an execution example
`of a transceiver, for example, the circuit 15
`detects a transmission error through the
`feedback caused from a receiver and dynamically
`reduces the coding rate. in the same way, the
`circuit 15 controls the number of bits per symbol
`for each carrier wave to respond to various
`inputs. in such a constitution, an OFD system
`can work in various communication environments
`where various operating parameters or
`characteristics are required.
`
`.
`
`ri-
`2:
`
`
`
`9!‘flllflfij
`
`
`Data supplied from the esp@cenet database - Worldwide
`
`http://V3.espacenetcom/textdoc?DB=EPODOC&IDX=3P10303849&F=O
`Page 3 87
`
`06/01/2007
`
`

`
`Electronic Acknowledgement Receipt
`1917960
`11199585
`
`EFS ID:
`Appiication Number:
`international Application Number:
`
`‘
`
`t
`<1
`4
`
`Confirmation Number:
`
`1128
`
`——l
`
`Tme of Invention:
`
`OFDMA with adaptive subcarrier—cluster configuration and selective
`loading
`
`First Named Inventor/Applicant Name:
`
`Xiaodong Li
`
`Customer Number:
`
`29053
`
`Filer:
`
`David H. Tannenbaum/Scott Matthews
`
`F559!’ A‘-.l!h0F§Z9d B‘y’1
`
`David H. Tannenbaum
`
`I I I
`
`i
`E
`
`§
`
`Attorney Docket Number:
`
`68144/P014C1/10503148
`
`Application Type:
`
`
`Receipt Date:
`
`27-JUN—2007
`
`Filing Date:
`
`08-AUG-2005
`
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`

`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`’
`
`11199586
`
`Filing Date:
`
`O8~Aug~2005
`
`Title of invention:
`
`OFDMA with adaptive subcarrier—oluster configuration and selective
`.
`loading
`
`Hurst Named inventor/Applicant Name:
`
`Filer:
`
`l-
`Xlaodong Li
`
`David H. Tannenbaum/‘Scott Matthews
`
`4
`
`Attorney Docket Number:
`
`68144/POMC1/10503148
`
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`

`
`Application No. : 11/199,586
`
`Attorney Docket No.: 68144/PC1401/10503148
`
`Certificate of Electronic Filing Under 37 CFR 1.8
`
`I hereby certify that this correspondence is being transmitted via the Office electronic filing system in
`accordance with 37 CFR 1.6(a)(4):
`
`Com missioner for Patents
`PO. Box 1450
`Alexandria, VA 22313-1450
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`June 27, 2007
`Date
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`
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`Page 393
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`

`
`.1 App!icationlControl No.
`
`Applicant(s)lPatent under
`Reexamination
`
`.
`
`LI ET AL.
`
`
`
`11/199,586
`Examiner
`
`
`
`Mehass N. Zewdu
`
`lndex of Claims
`
`NW! W
`3!!
`!!!lJlH!l!H!
`
`
`
`N Non-E!ected
`(Thrguaigerwergeral)
`
`
`I
`Interference
`
`
`
`T_,
`
`«/ Rejected?
`= Allowed &
`
`rx
`9to
`
`Qno
`
`L
`
`'\l
`
`E
`
`O)U1~l>~UJf\.) r\)...\
`
`..L...\..L_.x
`
`.4 O(D
`44 “I
`
`
`.4
`
`
`
`
`
`
`
`
`II_
`
`145
`- 146
`
`III
`II
`
`Part of Paper No. 20070625
`
`Page 394
`
`
`
`XIIIIIIIII
`
`U.S. Patent and Trademark Office
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box_I4SQ
`_
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`u-wvw.usplo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`I I/199,586
`
`08/08/2005
`
`29053
`9
`07/09!
`muamm aiiiwom L.L.P2O07
`2200 R055 AVENUE,
`SUITE 2800
`DALLAS, TX 75201—2784
`
`‘
`
`A
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`
`
`
`
`Xiaodong Li
`
`68144/POI-4CI/10503148
`
`II28
`
`I
`
`.
`
`ZEWDU, MELESS
`
`2517
`
`07/09/2007
`
`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-9'0A (Rev. 04/07)
`
`A
`
`Page 395
`
`

`
`.
`
`Office Action Summary
`
`1 Application No.
`11/199,586
`
`Applicant(s)
`Ll ET AL.
`
`
`Examine,
`Art Unit
`
`
`
`I Meless N. Zewdu
`2617
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`l l
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`
`A SHORTENED STATUTORY PERIOD FOR REPLY ES SET TO EXPlRE Q MONTH(S) OR THlRTY (30) DAYS,
`WHlCHEVER lS LONGER, FROM THE MAILENG DATE OF THlS COMMUMCATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(3).
`in no event, however, may a reply be timely filed
`after SlX (6) MONTHS from the mailing date of this communication.
`'
`it 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.Ci § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even it timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`'
`
`Status
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`‘l)E§l Responsive to communication(s) filed on 23 April 2007.
`2a)i:l This action is FlNAL. ‘
`2b)E This action is non—final.
`3)D 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 Ex parte Quayle, 1935 C.D. 11, 463 O.G. 213.
`
`Disposition of Claims
`
`4)EI Claim(s) 7-4 7 8 12-20 23 26 27 29—33 36 37 43-49 52 55 56 and 58-62 is/are pending in the application.
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`_
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`is/are withdrawn from consideration.
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`4a) Of the above ciaim(s)
`5)I:l Claim(s) __+_ is/are allowed.
`
`e)El Claim(s) 1-4 7 8512-20 23 26.27 29-33 36 37 43-49 52 55 56 and 58-62 is/are rejected.
`7)[j. .CIaim(s)
`is/are objected to.
`8):] .Claim(s) .
`are subject to restriction and/or election requirement.
`
`‘
`
`Application Papers
`
`V
`9)U The specification isobjected to by the Examiner.
`10)i:] The drawing(s) filed on _______ is/are: a)[j accepted or b)l:j 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 it the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11):} The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)E] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1‘l9(a)-(d) or (f).
`a)[] All
`b)l:l Some * (2):! None of:
`
`LC} Certified copies of the priority documents have been received.
`
`2.D Certified copies of the priority documents have been received in Application No. ____
`3.I:l Copies of the certified copies of the priority documents have been received in this National Stage
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`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)
`
`
`4) E] interview Summary (PTO—413)
`1) [Z Notice of References Cited (PTO-892)
`P399’ N°(5)/M3“ D319
`v
`2) [3 Notice of Draftsperson's Patent Drawing Review (PTO-948)
`
`
`3) [3 Information Disclosure Statement(s) (PTO/SB/08) ’
`5) 1:] Notice of informal Patent Application
`Paper No(s)/Mail Date _.
`6) D Other: __
`
`US. Patent and Trademark Office
`‘
`PTOL-326 (Rev. 08-06)
`Office Action Summary
`Part of Paper No./Mail Date 20070625
`
`Page 396
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`

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`1
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`«~-
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`Application/Control Number: 11/199,586 2
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`Page 2
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`Art Unit: 2617'.
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`DEVTAILED ACTION
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`1.
`
`2.
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`This action is in response to the communication filed on 4/23/07.
`
`In reviewing applicant’s request for Pre—appeal review request, some
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`discrepancies were discovered in the final rejection. One is the use Schneller with
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`regard to ODP. The other was that finality was made on a De abstract. A consensus
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`was reached to re-open prosecution and to modify the rejection based on the now
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`translated De document.
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`3.
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`_ Claims 5-6, 9-11, 21-22, 24-25, 28, 34-35, 38-42, 50-51, 53-54 and 57 have been
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`canceled.
`
`4.
`
`‘
`
`Claims 1-4, 7-8, 12-20, 23, 26-27, 29-33, 36-37, 43-49, 52, 55—56 and 58-62 are .
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`pending in this action.
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`Claim Objections
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`Claim 59 is objected to because of the foilowing informalities:
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`the claim has been
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`made dependant on a canceled claim 57. For examination purpose, examiner
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`Considered claim 59 as depending on claim 58. Appropriate correction is required.
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`Page 397
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`

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`Application/Control Number: 11/199,586
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`Page 3
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`Art Unit: 2617
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`Double Patenting
`
`The nonstatutory double patenting rejection is based on a judicially created
`doctrine grounded in 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
`obviousness—type double patenting rejection is appropriate where the conflicting ciaims
`are not identical, but at least one examined application claim is not patentabiy 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.
`1.985); In re Van Omum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422
`F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163
`USPQ 644 (CCPA 1969).
`.
`A timely filed 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 a nonstatutory
`double patenting ground provided the conflicting application or patent either is shown to
`be commonly owned with this application, or claims an invention made as a result of
`activities undertaken within the scope of a joint research agreement.
`Effective January 1, 1994, a registered attorney or agent of record may sign a
`terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with
`37 CFR 3.73(b).
`Claims 1-4, 7-8, 12-15, 17-20, 22, 26-27, 29-33, 36-37, 43~49, 52, 55-56 and 58-
`
`62 are rejected on the ground of nonstatutory obviousness—type double patenting as
`
`being unpatentable over claims 1-23 of U.S. Patent No. 6,947,748 B2. Although the
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`conflicting claims are not identical, they are not patentably distinct from each other
`
`because the difference between the claims in the instant application and claims in the
`
`patent is that the claims in the instant application are broader than the claims in the
`
`patent. For example, consider the independent claims in the patent; each of these
`
`claims includes all or part of the features of independent claims in the instant
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`application. But. considering the claims in the patent in general, one can find all the
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`features claimed in the instant application present therein.
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`Page 398
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`

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`Application/Control Number: 11/199586
`Art Unit: 2617
`
`Page 4
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is-not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`_ Claims 1, 12, 14, 1748, 30;. 43 and 46—47 are rejected. under 35 U.S.C. 103(a) as
`
`being unpatentable over Ritter (DE 19800953 C1) (translated version) in view of
`
`t_arsson et al. (Larsson) (US 5,956,642).
`
`As per claim 1: Ritter discloses a method for sub-carrier selection for a system
`
`employing orthogonal frequency division multipie access (OPDMA) (see abstract),
`
`comprising:
`
`a subscriber unit measuring channei for a plurality of sub-carriers (page 5, lines
`
`.16~1 9) based on pilot symbols received from a base station (see page 7, lines 1-9; page
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`12, lines 12-17);
`the subscriber unit selecting a set of candidate sub-carriers (see page 5, line 11-
`
`page 6, line 6);
`
`the subscriber unit providing feedback information on the set of candidate sub-
`
`carriers to the.base station (see page 5, lines 16-21);
`
`the subscriber unit receiving an indication of sub-carriers of the set of sub-
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`carriers selected by the base station for use by the subscriber (see page 5, line 22-page
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`6, line 6). Examiner considers the claimed plurality of measured sub-carriers as
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`Page 399
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`

`
`Application/Control Number: 11/199,586
`
`A
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`Page 5
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`Art Unit: 2617 '
`
`'
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`subsets of the prior art’s “various segments.” Ritter-also discloses that inter-cell and
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`inter-symbol interferences are considered and compensated (see page 6, lines 19-23).
`But, Ritter does not explicitly teach about a subscriber unit measuring interference
`
`information, as claimed by applicant. However, in the same field of endeavor, Larsson
`
`teaches about an adaptive channel allocation wherein a mobile unit measures the
`
`interference level (I) of all. N available channels (see col. 5, lines 6-21). Therefore, it
`
`would have been obvious for one of ordinary skill in the art at the time the invention was
`
`made to modify the teaching of Ritter with that of Larsson for the advantage of enabling
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`Ritter’s communication system to allocate resources adaptively with less dropped calls -
`
`and better quality communication for each link (see col. 18, lines 20-39, particularly lines
`28-29). 16-19).
`I
`
`As per claim 2: Ritter teaches a method further comprising the subscriber unit sending
`
`the indication to the base station (see page 5, lines 16-21).
`
`As per claim 12: Ritter teaches a method wherein the pilot symbols occupy an entire
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`OFDM frequency bandwidth (see page 3, lines 9-19).
`
`As per claim 13: Ritter teaches a method wherein at least one other pilot symbol from
`
`_a different cell transmitted at the same time as the pilot symbols received from the base
`
`station collide each other (see page 6, lines 19-23). Collision is a function of inter-cell
`
`interference.
`
`_ As per claim 14: Ritter teachesa method further comprising the base station selecting
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`the subscarriers from a set of candidate subcarriers based on additional information
`
`available to the base station (see (see page 5, line 11.-page 6, line 6; page 6, lines 19-
`
`Page 400
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`

`
`Application/Control Number: 11/199,586
`Art Unit: 2617
`
`Page 6
`
`23). For example, the inter-cell interference could be considered as additional
`
`information. Furthermore, examiner considers the claimed sub-carriers as being the
`
`subset of the prior art segment frequency spectrum.
`
`As per claim 17: Ritter teaches a method wherein the indication of sub-carriers is
`
`receivedvia a downlink control channel (see page 5, line 5-page 6, line 6; page 23,
`lines 8—19).
`A
`A
`
`As per claim 18: Ritter teaches a method wherein the plurality of sub-carriers
`
`j: comprises all sub-carriers allocable by a base station (see page 5, line 11-page 6, line
`
`- 6).
`
`’
`
`As per claim 30: the features of claim 30 are similar to the features of claim 1, except
`
`claim 30 is directed to an apparatus intended to perform the steps of method claim 1.
`
`- Hence, since the method steps of claim 1 are taught and the apparatus of claim 30 is 1
`
`required to perform the steps of claim 1, claim -30‘~has been rejected on the same
`
`ground and motivation as claim 1.
`
`As per claim 43: the feature of claim 43 is similar to the feature of claim 14. Hence,
`
`-. claim 43 is rejected on the same ground and motivation as claim 14.
`
`As per claim 46: Ritter teaches an apparatus wherein the indication of sub-carriers is
`
`received via a downlink control channel between the base station and the at least one
`subscriber (see page.27, line 23-page 28, line 6). it is known to transmit/receive control
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`information via a control channel and it is also know that a transmission from the base
`
`to the mobile unit is via a down link channel..
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`Page 401
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`

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`_' Application/Control Number: 11/199,588
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`Page 7
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`Art Unit: 2617
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`As per claim 47: Ritter teaches an apparatus wherein the plurality of sub-carriers
`
`comprises all sub-carriers allocable by a base station (see page 5, line 22-page 6, line
`
`6; page 6, lines 7-18).
`
`I
`
`Claims 3-4, 19, 20, 23, 48, 49, 52 are rejected under 35 U.S.C. 103(a) as being
`unpatentable over the references appiied to ciaimf 1 above, and further in view Yan et al.
`
`(Yan) (US 6,553,011 B1).
`
`As per claim 3: the references applied to claim 1 above do not explicitly teach about
`
`sending an indication of the group of clusters selected by the base station for use by the
`
`subscriber unit, as claimed by applicant. However-, in the same field of endeavor, Yan
`
`teaches about a cellular multicarrier wireless communication system wherein mobile
`
`station is configured to receive signaling information on a common group of’sub-carriers
`
`within a cluster of two or more cells, in which the base stations transmitting on the
`
`common channel are each identified from a muitipie access prearnbie transmitted in
`
`each frame to identify the base station (see col. 2, lines 44-54; claim 6). Therefore, it
`
`would have been obvious for one of ordinary person skilled in the art at the time the
`
`invention was made to further modify the above references with the teaching of Yan for
`
`the advantage of identifying a base station from which a group of sub-carrier signals is
`
`transmitted (see col. 1, lines 48-55).
`
`As perclaim 4: Riter teaches a method further comprising the base station selecting
`
`sub-carriers for the subscriber based on inter-cell interference avoidance (see page 6,
`
`lines 19-23).
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`Page 402
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`

`
`Application/Control Number: 11/199,586
`Art Unit: 2617
`
`Page 8
`
`As per claim 19: Ritter teaches a method wherein providing feedback information
`
`comprises arbitrary ordering the set of. candidate of subcarrier (see page 19,alines 11-
`
`16; claim 4), wherein the cluster of base stations are as provided in Yan’s reference, as
`
`discussed the rejection of claim 3 above. Motivation is same as provide therein (in the
`
`rejection of claim 3).
`
`As per claim 20: the feature of claim 20 is same as that of claim 19, except listing most
`
`. desirable ‘candidate clusters first, which is taught by Ritter (see page 19, lines 4-10; 1.
`
`~ claim 4).
`
`2.
`
`As per claim 23: the feature of claim 23 is similar to the feature of claim 20, wherein the .
`
`seguential order recited in claim 23 reads on the priority order provided in Ritter’s ‘
`
`reference, as recited and discussed inthe rejection of claim 19 above. Hence, claim .23
`
`is rejected on thesame ground and motivation as claim 19.._
`
`As penclaim 48: the feature of claim 48 is similar to the feature of claim 19. Hence, .,
`
`claim 48~is rejected on the same ground and motivation as claim 19.
`
`As persclaim 49: the feature of claim 49 is similar to the feature of claim 20.‘ Hence,‘
`claim 49 is’ rejected-on the same ground and motivation as claim 20.
`As per claim 52: the feature of claim 52 is similar to the feature of claim 19, wherein
`
`the seguential order recit