KIM, Tae-Young et al.

Patent Trials and Appeals Board

Oct 23, 2019

15480004 - (D) (P.T.A.B. Oct. 23, 2019)

UNITED STATES PATENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
15/480,004 04/05/2017
68103 7590 10/29/2019
Jefferson IP Law, LLP
I 130 Connecticut Ave., NW, Suite 420
Washington, DC 20036
FIRST NAMED INVENTOR
Tae-Young KIM
UNITED STA TES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexondria. Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
0202-0691-2 5720
EXAMINER
NGUYEN,TUX
ART UNIT PAPER NUMBER
2649
NOTIFICATION DA TE DELIVERY MODE
10/29/2019 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):
usdocketing@jeffersonip.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRJAL AND APPEAL BOARD
Ex parte T AE-YOUNG KIM, HYUN-KYU YU, AND JAE-WEON CHO
Appeal2019-000419
Application 15/480,004
Technology Center 2600
Before JOHN A. JEFFERY, JOHN P. PINKERTON, and NORMAN H.
BEAMER, Administrative Patent Judges.
JEFFERY, Administrative Patent Judge. ·
DECISION ON APPEAL
Under 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner's
decision to reject claims 1, 3, 4, 6-8, 10, 11, 13-15, 17, 18, and 20-26. We
have jurisdiction under 35 U.S.C. § 6(b).
We AFFIRM and enter a new ground of rejection.
1 We use the word "Appellant" to refer to "applicant" as defined in
37 C.F.R. § 1.42. Appellant identifies the real party in interest as Samsung
Electronics Co., Ltd. Appeal Br. 2.
Appeal 2019-000419
Application 15/480,004
STATEMENT OF THE CASE
Appellant's invention selects the best beam in a wireless
communication system by ( 1) repeatedly transmitting reference signals
beamformed with a first width; (2) receiving a feedback signal indicating at
least one preferred-beam having the first width from at least one terminal;
(3) determining a direction range within which reference signals
beamformed with a second width are to be transmitted and a transmission
pattern, based on the at least one preferred beam with the first width; ( 4)
repeatedly transmitting the reference signals beamformed with the second
width within the determined direction range according to the transmission
pattern; and (5) receiving a feedback signal indicating at least one preferred
beam having the second width from the terminal. See Abstract. Claim 1 is
illustrative of the subject matter on appeal:
1. An apparatus for a base station (BS) in a wireless
communication system, the apparatus comprising:
a transceiver configured to:
transmit primary reference signals,
receive feedback information corresponding to the
primary reference signals,
transmit information regarding a configuration of
secondary reference signals, and
transmit the secondary reference signals,
wherein the configuration of the secondary reference
signals is determined based on the feedback information.
2
Appeal2019-000419
Application 15/480,004
THE REJECTION
The Examiner rejected claims 1, 3, 4, 6-8, 10, 11, 13-15, 17, 18, and
20-26 under 35 U.S.C. § 102(b) as anticipated by Guo (US 2004/0014429
Al; published Jan. 22, 2004). Final Act. 2-4. 2
FINDINGS AND CONTENTIONS
Regarding independent claim 1, the Examiner finds that Guo discloses
an apparatus for a base station including a transceiver configured to, among
other things, transmit ( 1) primary reference signals; (2) information
regarding a configuration of secondary reference signals; and (3) secondary
reference signals, where this configuration is determined based on received
feedback information corresponding to the primary reference signals. Final
Act. 2-3.
Appellant argues that although Guo transmits a reference signal, Guo
does not transmit ( 1) information regarding a configuration of secondary
reference signals, and (2) secondary reference signals, where this
configuration is determined based on received feedback information
corresponding to the primary reference signals as claimed. Appeal Br. 5-7;
Reply Br. 2-5. According to Appellant, unlike Guo, the claimed invention
requires that a transmitter-not a receiver-(1) determines the information
regarding the secondary reference signal configuration, and (2) transmits this
information to a terminal. Appeal Br. 6-7. Appellant adds that the
2 Throughout this opinion, we refer to (1) the Final Rejection mailed
February 23, 2018 ("Final Act."); (2) the Appeal Brief filed July 11, 2018
("Appeal Br."); (3) the Examiner's Answer mailed August 28, 2018
("Ans."); and (4) the Reply Brief filed October 19, 2018 ("Reply Br.").
3
Appeal 2019-000419
Application 15/480,004
Examiner relies improperly on multiple distinct embodiments in Guo in
finding that Guo anticipates the claimed invention. Reply Br. 5-6.
ISSUE
Under § 102, has the Examiner erred in rejecting claim 1 by finding
that Guo transmits (1) secondary reference signals, and (2) i'nformation
regarding a configuration of those signals, where the configuration is
determined based on received feedback information?
ANALYSIS
We begin by noting that the term "reference signal" is not defined in
the Specification, unlike other terms whose concrete definitions leave no
doubt as to their meaning. See, e.g., Spec. ,r 32. The Specification's
paragraph 46 does, however, indicate that a "wide beam reference signal"
and "narrow beam reference signal" are reference signals that are
beamformed with wide and narrow beams, respectively, and Figure 4 and
the associated discussion in paragraphs 48 to 57 refer to these reference
signals. Although this discussion informs our understanding of the recited
reference signals, the term is not so limited. Therefore, we interpret the term
"reference signal" with its plain meaning in the art. Although a recognized
electrical engineering dictionary does not define the term "reference signal"
explicitly, it nevertheless defines a related term "reference signal level" as
synonymous with "reference level" that is defined, in pertinent part, as "[a]
signal with specified current, voltage, amplitude, frequency, or the like,
against which other signals may be compared." Steven M. Kaplan, WILEY
ELECTRICAL & ELECTRONICS ENGINEERING DICTIONARY 646 (2004) ("Wiley
4
Appeal2019-000419
Application 15/480,004
EE Dictionary"). Based on this definition, we construe "reference signal"
similarly as a signal against which other signals may be compared.
Turning to the rejection, the Examiner's finding that Guo's
transmitting two broad transmission beams 74, 75 in paragraph 134 and
Figure 9a teaches transmitting primary reference signals is undisputed, as is
the Examiner's reliance on that paragraph for teaching the recited feedback
information reception. See Final Act. 2 ( citing Guo ,r 134 ). The Examiner
also finds that Guo's transmitting two narrow beams 76, 77 in Guo's Figure
9b teaches transmitting secondary reference signals, and that these signals'
configuration is determined based on feedback information. See Final Act.
2-3 (citing Guo ,r,r 134-135).
We see no error in these findings. As shown in Guo's Figure 9a, two
broad transmission beams 74, 75 are transmitted with an angular spread of at
least 60° such that they cover an entire 120° sector. Guo ,r 134. A feedback
signal indicating which beam is received with the best quality is fed back
from a mobile unit to the base station. Id. After deciding which broad beam
was received with the highest quality based on the feedback signal, two
narrow beams 76, 77 are then transmitted covering the area previously
covered by the highest-quality broad beam. Id. ,r 135. Successively
narrower beams can be produced similarly in later stages. Id. ,r 136.
Given this functionality, these transmitted broad and narrow
transmission beams are primary and secondary reference signals,
respectively, for they are both signals against which other signals may be
compared. Notably, the beams are distinguishable from each other via
different scrambling codes for each beam. Id. ,r 134, 29 ( discussing using
scrambling codes to distinguish beams). These transmitted codes that
5
Appeal 2019-000419
Application 15/480,004
distinguish each beam effectively are information regarding a configuration
of the associated secondary reference signals, namely the narrower beams, at
least with respect to their coverage area and angular extent. See id. ,r,r 134-
35; Figs. 9a-9b. That is, by identifying each beam with a unique scrambling
code, these transmitted codes are information that at least pertains to the
coverage area and angular extent of the selected beam's associated narrower
beams, as shown by the dashed outline of the higher-quality broad beam 7 4
that circumscribes narrower beams 76 and 77 in the partial detail view of
Guo's Figure 9b below.
--
77
Partial detail view of Goo's Figure 9b showing narrow beams in area
covered by broad beam
Appellant's arguments (Appeal Br. 5-7; Reply Br. 2-5) are unavailing
and not commensurate with the scope of the claim. To the extent Appellant
contends that information in the form of data bits, scrambling codes, etc.,
that is transmitted to the mobile unit to distinguish beams is somehow not
information regarding a configuration of secondary reference signals (see
6
Appeal2019-000419
Application 15/480,004
Reply Br. 4-5), we disagree, particularly given the scope and breadth of the
claim in this regard. As noted above, the very fact that Guo's transmitted
information distinguishes one beam from another at least pertains to or
regards the configuration of a particular beam's associated narrower beams
or "secondary reference signals," at least with respect to their coverage area
and angular extent. Therefore, Appellant's arguments regarding the alleged
sho1icomings of Guo's auxiliary beam embodiment in Figure 8 and the
Examiner's improper reliance on multiple distinct embodiments in
connection with the anticipation rejection (Reply Br. 2-5) are not germane
to the functionality of Guo's Figures 9a and 9b that anticipates the claimed
invention as explained above. Nevertheless, because we rely on facts
different from those articulated by the Examiner, we designate our
affirmance as a new ground of rejection.
Therefore, we are not persuaded that the Examiner erred in rejecting
claim 1, and claims 3, 4, 6-8, 10, 11, 13-15, 17, 18, and 20-26 not argued
separately with particularity.
This decision contains new grounds of rejection pursuant to 37 C.F.R.
§ 41.50(b). Section 41.50(b) provides "[a] new ground of rejection pursuant
to this paragraph shall not be considered final for judicial review." Section
4 l .50(b) also provides:
When the Board enters such a non-final decision, the
appellant, within two months from the date of the decision,
must exercise one of the following two options with respect to
the new ground of rejection to avoid termination of the appeal
as to the rejected claims:
(1) Reopen prosecution. Submit an appropriate
amendment of the claims so rejected or new Evidence relating
7
Appeal2019-000419
Application 15/480,004
to the claims so rejected, or both, and have the matter
reconsidered by the examiner, in which event the prosecution
will be· remanded to the examiner. The new ground of rejection
is binding upon the examiner unless an amendment or new
Evidence not previously of Record is made which, in the
opinion of the examiner, overcomes the new ground of rejection
designated in the decision. Should the examiner reject the
claims, appellant may again appeal to the Board pursuant to this
subpart.
(2) Request rehearing. Request that the proceeding be
reheard under § 41.52 by the Board upon the same Record. The
request for rehearing must address any new ground of rejection
and state with particularity the po1nts believed to have been
misapprehended or overlooked in entering the new ground of
rejection and also state all other grounds upon which rehearing
is sought.
Further guidance on responding to a new ground of rejection can be
found in MPEP § 1214.01.
CONCLUSION
In summary:
Claims 35 u.s.c. Reference(s) Affirmed Reversed New
Reiected & /Basis Ground
1, 3, 4, 102(b) Guo 1, 3, 4, 6-8, 1, 3, 4, 6-
6-8, 10, 10, 11, 13- 8,10,11,
11, 13- 15,17,18, 13-15,
15,17, 20-26 17, 18,
18,20- 20-26
26
8
Appeal2019-000419
Application 15/480,004
TIME PERIOD FOR RESPONSE
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § l.136(a)(l).
AFFIRMED; 35 U.S.C. § 41.50(b)
9
Application/Control No. Applicant(s)/Patent Under Patent
Appeal No.
Notice of References Cited
15/480,004 2019-000419
Examiner Art Unit
Page 1 of 1
2649
U.S. PATENT DOCUMENTS
*
Document Number Date
Name Classification Country Code-Number-Kind Code MM-YYYY
A US-
B US-
C US-
D US-
E US-
F US-
G US-
H US-
I US-
J US-
K US-
L US-
M US-
FOREIGN PATENT DOCUMENTS
*
Document Number Date
Country Name Classification Country Code-Number-Kind Code MM-YYYY
N
0
p
Q
R
s
T
NON-PATENT DOCUMENTS
* Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
Steven M. Kaplan, WILEY ELECTRICAL & ELECTRONICS ENGINEERING DICTIONARY 646
u (2004) ("Wiley EE Dictionary").
V
w
X
'A copy of this reference 1s not being furnished with this Office action. (See MPEP § 707.0S(a).)
Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
U.S. Patent and Trademark Office
PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No.
. ' - , ---
• fJ
.,_ STEVEN M. KAPLAN
Copyright VD I. A DVI) conluining reference material, such
as :111 encyclopedia. 2. Same as reference DVD player.
reference DVD play,r Als,1 called reference l)VD (2). t. A
DVD player utilized in a recording studio or other selling in
l\hich lhc 4uality of a recording is monitored or studied. 2. A
DVD player against which vthcr DVD players may be com-
pared. Said, for instan~c. of a player with impeccable speci-
ficntions which is part or a home 1hc:1ter system providing a
superior visual and aural experience.
reference electrode An electrode which generates a po1en1i;1I
,1gains1 which comparisons may be made. For c.~umple, a
s1nndard hydroi;cn electrode, which has an arbitrarily as-
signed potential of zero.
646
reference frequency A frequency. such ns a carrier or cutoff
frequency, against which other frequencies rnny be com•
pared. A cry~tal oscilla1cir, for instuncc, may be mili·Lcd 10
gcncr:.uc such a frequency.
reference input A input, such as that at a given l'Ollagc.
which serves as a basis for comparison or operation.
reference le\'cl I. A signal with a specified current, vohage,
amplitude, frequency, or the like, against which ulher sig-
nals may be compared. For example, in adjusted decibels
the csrnblishcJ reference noise power level is usually -85
decibels above I millh-.111. Also called reference Si{.lnal
lc\'el. 2. A level which serves ns a basis for comparison.
For instance, thal or a given terrain, or a b.i~dim:.
reference line A line. such as an axis or that along ll'hich
magnetic north points, ,~hid1 serves as a basis for compari-
son or measurement.
reference loudspeakers Same as rcl"ercncc speakers.
refcrc11ce noise A stated uoisc level against which noise or
other signals may be compared. An example is decibels
above reference noise.
refen•ncc output An output, such as thal al a given vohage.
11 hich scrYCS as a basis for comparison or operation.
reference 1>owcr .4. power level whosc steady value serves as
a basis for comparison or operation.
reference power supply A power supply whose steady output
serves as a bnsis for comparison or operation.
reference pressure A pre~surc which serves as a basis for
comparison or measurcmc111. For example, in acoustics, 20
n1icropascals has an assigned a value of O decibels.
reference rccei\'cr 1. A receiver utilized in a rw:ircling studio
or other selling in which the quality of a recording is moni-
lore,J or s1udied. 2, A rcccil'cr agoin~t which other receivers
may be comp.ired. Said, for instance, of a receiver with im-
peccable specifications "hich is part of rm audio system
providing a superior sound C:\pcriencc.
reference sii:nal lcl'cl Same as reference lel'cl (I).
reference speakers Also called reference loudspeakers.
l. Speakers utilized in a recording studio or other selling in
which the quality of a recording is monitored or studied.
2. Speakers against which o\h~r spc:ikcrs may be comrarcd.
Said, for ins1ance, of' speakers with impeccable ~pccifica-
1ions which arc part of an audio sysh:111 providing a superior
sound c~pcricncc.
reference supply A sourCt' or cll!Tent, voltage, or power
whose steady oulpul serves as a basis for comparison or op-
eration.
reference system A system. such as an audio system, whose
spccificulions lend it to be compared to others in ils cate-
gory.
reference temperature A tcmpcrarnrc, such as ahsolulc zero,
which serves as a b~sis lor co111parison or measurement.
reference time I. A specified install\ whi~h =" ·
comparison or operation. For example, tr.ti::::~•,,,.,.
scqucnc.: of events or instructions is ini1i~. :.
as atomic time, which is kepi so accurJtc:!y t
measuring and indicating devices utilize ii .::u , ·
reference tone A tone whose s101cd frcqu~:.
basis for comparison. For eiwmple, a I ;p_: ~ ·
a basis for the phon scale.
rc(erence transistor A lransis1or with one or~-
islics, such current gain, which may be ~ ...
comparison with other transistors.
reference rnltagc A voltugc level whose ~
as a basis for comparison or opemtion.
reference \'Olumc A volume level, such as I!:::. -
reading on a VU meter, which serves ::s t' , _.
cording, reproducing, comparing, or mca!ari::-',.
reference white level In a video signal. t.:e i::--
1hat corresponds to the n,ijxi111u111 pemli::::::::
that is, 10 the screen being white. Also c ~
would be delivered to the same lo:1d if it~ ~
fully matched.
reflected current Same as return current (:L
reflected impedance In :t lrnnsfonncr. the i:-::.,
by the primary when the secondary has a ~ ··
pcdance.
reflected power 1, The ratio of the powe'l! ~ .
source, to the transmitted power. ll utiliud. C. · •
a parameter lo indicate or evaluate the ext~!· ,.
is impedance matching between two poin::s.. c .,
devices in a transmission line. The Jo,ve ;:
power. the bcucr the impedance 111a1chinz. :
thal is returned to, or towards, its source. Fo:c...·
a toad back to a generator.
renccted-powcr meter An instrument or deric:
urcs and indicates rcflectcd power.
reflected ray A my which hns bounced off•,
object, region, discontinuity, or 1hc like. ~ ••
wken by such a r'Jy nflcr reflection.
reflected resistance In a transformer, the rt'!'..':.
by the primary when the secondary has n ~
reflected wave A wave which has bounced C
race, object, region, discontinuity. another~
For e.~ample, an electromagnetic wave rcn~ ·
sphere, that which is bounced off a scann~d ¢--
raJar, or a wave lhat encounters a disca::::::-
transmission line.
renecting antenna Same as reflector antcnns.
reflecting clement Same as reflector element
renccting grating Same as reflection grating.
renccting satellite Same ;is reflector satellite.
rcnccllng telescope Same as rcnector telesco;:i:..
,) ;:,e let or bouncing (lff or o;he:-a
~- object, or region. A!Jc,,
, ::::.:: l$ an image, sound, hcJt. ~.!..,
, ?:· C'.'!k The angle fo1111ed l:>~l\\~
· lllo- :--. ;;: "a\"C and a perpcndict:I~: ; ~
:::"-::uon. Also called an~I~ or :i
-.,::...:::::tt1ng Same as rcflccth c ,·o~t.:;
,.,J'..:::idl'icicnt Same as rcllcctan:e.
. ~ "'..;::a,:ir Same .is reflcct:tnc,·
;:_;nti:n~ /\lso called reflect in!! !r:
· ';, 1. In a wa,·cguidc. fine p:!:-i.lie>
:: ~..l.in types of wa\'c~ 1, A s
..::::I lir.cs. groo,·~s. or sin;, 1.:-·
·~:-::ind which ser1 c 10 rerk::-t t"l
. ...::i:d. for illstance, in lasers.
;:; l'.!b·tn~rgy electron diffr1~..:i
~ l:o:hnique in 1\ hich a s:in~;:ilt ,,
T e-p-cncrgy clc,trons 1\ hicr. :; ,
:;:.::. ;o ~s to gra1.c said sarr.p!!
.....::::.l. ~<.I then o.lctcctcd by a !'ho;;:'
....% of the electron gun. l't1l..r:::!
~ s,.dJcc contours of sam;:,I~,. c
; QtW.\ial tilms. Its abbrc,iaa:~
~-~ -~ law staling that ,1 wJ,,: c..; ,
', =i:!1 Slrikcs a rdkcting su:fa:~ 1
:;:; ::: m equal angle in 1hc op~,os::.e
:, ;; t'(':,icnd1cular line arising f;=·
·- :"% ;triking ray or 1\·,11 c 1s -:::::.:
.,,...., -::;,t':til'CI>·· a11d is in the s~:-r.! p~?..·
· ~ ... , ,.:::;,~ .-\lso called law of r~fl~c,b:..
· ~.::::n SJ111e as return lo~s.
__ "_,. ..... -., Same as return Jos.,
'!!J, ::::apping A rendering methO n::ad or view properly
~ LCD Abbrcvi.ition of rene-c-..:•
\ li<1uid-crys1al uisplay "hk~ .!
.,..-, source behind the l'icwing :,:.:rit~
• ........ r ;::;t wh~n there is plenty vf ambl::-:::1
:.,.. ; « birJ 10 read or l'iew proper!~. ,;J
,. .,.. Jl:) displ:1)'.
::rlCD display Same as refl~ciht t,
_ .:t!::;uid-crystnl display Sam~ l' n!'..
'nc:rttn The l'icll'ing screen o: ~ ct".'
;__'-, S.;1mc us rellectancf.
";::::::tr I. ,\n instrument which m~ ...
~:3ncc (I) of' a surface. 2. :\ ,;!:,,, •
..:: :=sur,:s ;mu indicates ,my furm of;,
:!:J I, An olljcct, material. dc,·ic~. o: ,;:
·""i.:::l":::t;t$. sounds, heat, puniclcs. "~'!li.
,..::: ~t reflects I ight. Such a s11r:"1ce .i
;iolt$hed. and it nia)' consist. io: .-i