Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Reissue Applications
2. Reissue application 17/350,984 was filed 06/17/2021 as a reissue of Application 15/804,849 filed on 11/06/2017 which issued as US 10,326,630 B2 on 06/18/2019. Application 15/804,849 is a Continuation of Application 15/255,592 filed 09/02/2016, now U.S. Patent 9,813,274. Application 15/255,592 is a Continuation of 14/255,739 filed 04/17/2014, now U.S. Patent 9,438,318. Application 14/255,739 claims Priority from Provisional Application 61812820 filed on 04/17/2013.
3. For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
4. This action is responsive to communications filed on 03/23/2026.
5. Claims 1-29 are pending and amended. Claims 21-29 are newly added claims.
Reissues
6. Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. US 10,326,630 B2 is or was involved. These proceedings would include any trial at the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Terminal Disclaimer
7. It is noted that a terminal disclaimer was filed in the application for the patent to be reissued. Per MPEP 1411, a copy of that terminal disclaimer need not be filed in the reissue application by the reissue applicant.
Claim Interpretation
8. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
9. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
circuitry configured to: receive a downlink telecommunication signal; sub-divide the downlink telecommunication signal into a sub-divided downlink telecommunication signal having downlink telecommunication signal components in a time domain, each of the downlink signal components corresponding to a respective sub-band; determine that at least one downlink telecommunication signal component of the downlink telecommunication signal components corresponds to at least one sub-band having data to be transmitted via a distributed antenna system; generate a transformed downlink telecommunication signal representing the downlink telecommunication signal in a frequency domain by performing a frequency transform on the downlink telecommunication signal; determine that the at least one sub-band of the transformed downlink telecommunication signal includes the data to be transmitted; extract the at least one sub-band from the transformed downlink telecommunication signal at least in part by being configured to provide data for at least one portion of the transformed downlink telecommunication signal in the frequency domain that corresponds to the at least one sub-band to the at least one remote antenna unit of the distributed antenna system as in claim 1.
the circuitry configured to: provide the frequency transform by executing at least one of a fast Fourier transform algorithm, a discrete Fourier transform algorithm, and a discrete cosine transform algorithm using the downlink telecommunication signal as an input as in claim 2.
the circuitry is configured to determine that the at least one sub-band of the transformed downlink telecommunication signal includes the data to be transmitted by being configured to: identify, for each respective portion of a plurality of portions of the transformed downlink telecommunication signal in the frequency domain, a respective signal level for the respective portion; and determine that at least a first portion of the plurality of portions that corresponds to the at least one sub-band has a signal level exceeding a threshold signal level as in claim 3.
the circuitry is configured to determine that the at least one sub-band of the transformed downlink telecommunication signal includes the data to be transmitted by being configured to: receive a control signal from a base station; identify, from the control signal, at least one channel used by the base station to transmit downlink telecommunication signals; and identify the at least one sub-band from the at least one identified channel as in claim 4.
the circuitry is configured to discard the additional data for the at least one additional portion by being configured to: provide a control signal to a combiner module of the telecommunication unit, wherein the control signal is configured to cause the combiner module to exclude the additional data from a combining operation used to route the data for the at least one portion to the at least one remote antenna unit as in claim 5.
the circuitry is further configured to: determine that at least one additional sub-band lacks the data to be transmitted via the distributed antenna system; modify the transformed downlink telecommunication signal to exclude the at least one additional sub-band; and reduce a sampling rate of the transformed downlink telecommunication signal based on the transformed downlink telecommunication signal being modified to exclude the at least one additional sub-band as in claim 6.
the circuitry is further configured to: receive a plurality of frequency-transformed uplink telecommunication signals from a plurality of remote antenna units of the distributed antenna system; identify a subset of sub-bands from the plurality of frequency-transformed uplink telecommunication signals that include uplink data to be transmitted via the distributed antenna system; and combine the subset of sub-bands for transmission to the base station and excluding sub-bands other than the subset of sub-bands that include the uplink data as in claim 7.
a first telecommunication unit configured to: receive a downlink telecommunication signal; sub-divide the downlink telecommunication signal into a sub-divided downlink telecommunication signal having downlink telecommunication signal components in a time domain, each of the downlink telecommunication signal components corresponding to a respective sub-band; determine that at least one component of the downlink telecommunication signal components corresponds to at least one sub-band having data to be transmitted via the distributed antenna system; generate a transformed downlink telecommunication signal representing the downlink telecommunication signal in a frequency domain by performing a frequency transform on the downlink telecommunication signal; determine that the at least one sub-band of the transformed downlink telecommunication signal includes the data to be transmitted; extract the at least one sub-band from the transformed downlink telecommunication signal at least in part by being configured to provide data for at least one portion of the transformed downlink telecommunication signal in the frequency domain that corresponds to the at least one sub-band to a second unit of the system; and the second unit configured to: receive the at least one sub-band extracted from the transformed downlink telecommunication signal from the first unit; generate a radio frequency signal based on the at least one sub-band, and transmit the radio frequency telecommunication signal to a terminal device as in claim 17.
the first telecommunication unit is configured to perform the frequency transform by executing at least one of a fast Fourier transform algorithm, a discrete Fourier transform algorithm, and a discrete cosine transform algorithm using the downlink telecommunication signal as an input as in claim 18
the first telecommunication unit is configured to determine that the at least one sub-band of the transformed downlink telecommunication signal includes the data to be transmitted by being configured to: identify a respective signal level for each of the portions of the transformed downlink telecommunication signal in the frequency domain; and determine that at least one of the plurality of portions that corresponds to the at least one sub-band has a signal level exceeding a threshold signal level as in claim 19.
A processor configured to: generate a transformed downlink telecommunication signal…determine that at least one sub-band of the transformed downlink telecommunication signal includes data to be transmitted…extract the at least one sub-band from the transformed downlink telecommunication signal…as in claims 21.
A processor is configured to perform the frequency transform…as in claim 22.
A signal processing circuitry configured to sub-divide…the downlink telecommunication signal…the processor configured to determine that at least one of the plurality of downlink telecommunication signal components corresponds to the at least one sub-band having the data to be transmitted…as in claim 23.
A signal processing circuitry configured to reduce a sampling rate…as in claim 24.
The second interface circuitry is further configured to receive a plurality of transformed uplink telecommunication signals…the processor is configured to identify a subset of sub-bands…a signal processing section configured to combine the subset of sub-bands for transmission…as in claim 25.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
10. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
11. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
12. Claims 1-3, 8-11, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al., US 2013/0083705 A1, 04/04/2013 (filed 11/14/2011) in view of Azimi-Sadjadi et al., US 2011/0281602 A1, 11/17/2011 (hereinafter “Azimi”).
Regarding claim 1, Ma discloses a telecommunication unit comprising: circuitry configured to: receive a downlink telecommunication signal. See abstract, paragraph [0011]-[0013] disclosing receiving a downlink signal. Ma discloses a system in which a downlink signal is transmitted via a distributed antenna system. See abstract and paragraphs [0011]-[0014].
Ma discloses generate a transformed downlink telecommunication signal representing the downlink telecommunication signal in a frequency domain by performing a frequency transform on the downlink telecommunication signal. See figure 1, paragraph [0004]-[0008], paragraph [0031] and [0034] disclosing performing an FFT on the OFDM signal. This element is interpreted under 35 U.S.C. 112(f) as the circuitry with the algorithm described in the specification (the computationally efficient algorithm for generating the transformed downlink signal or one or more FFT modules in the signal processing section which can generate a FFT for a frequency spectrum, column 5, lines 42-67).
Ma discloses to provide first data for at least one portion of the transformed downlink signal in the frequency domain…to the at least one remote antenna unit of the distributed antenna system. See abstract, claim 1, and paragraphs [0011]-[0014], [0020]-[0021], and paragraphs [0031]-[0035].
Ma does not explicitly disclose sub-dividing and determining that at least one downlink signal component corresponds to at least one sub-band having data to be transmitted via a distributed antenna system and extracting the at least one sub-band of the transformed downlink signal for transmission via the distributed antenna system.
However, Azimi discloses sub-divide the downlink telecommunication signal into a sub-divided downlink telecommunication signal having downlink telecommunication signal components in a time domain, each of the downlink telecommunication signal components corresponding to a respective sub-band. See abstract disclosing subdividing the received signal into blocks. See also paragraph [0006] disclosing dividing the signal for the time increment into blocks, performing a transform on each block, selecting peaks from each transformed block, selecting subbands based on the frequency of occurrence of the peaks in the transformed blocks, collaborating with the other sensor nodes in the cluster to select the common subbands, performing a transform on the signal for the time increment, encoding the subband features of the signal for the time increment, and transmitting the subband features of the signal for the time increment to the base station. Azimi discloses a field programmable gate array connected to said analog to digital converter, and programmed to divide said digital signal into blocks. See paragraphs [0015] and [0025]. This element is interpreted under 35 U.S.C. 112(f) as the circuitry with a dedicated signal processing circuitry such as FPGA described in the specification in column 9, lines 11-25 (In some aspects, one or more of the FFT modules 306a, 306b, the combiner 310, and the framers 312a, 312b can be implemented as software modules executed by the processor 104. In additional or alternative aspects, one or more of the FFT modules 306a, 306b, the combiner 310, and the framers 312a, 312b can be implemented using dedicated signal processing circuitry, such as an FPGA.).
Azimi discloses determine that at least one downlink telecommunication signal component of the downlink telecommunication signal components corresponds to at least one sub-band having data to be transmitted via a distributed antenna system, determine that the at least one sub-band of the transformed downlink telecommunication signal includes the data to be transmitted; extract the at least one sub-band from the transformed downlink telecommunication signal at least in part by being configured to provide data for at least one portion of the transformed downlink telecommunication signal in the frequency domain that corresponds to the at least one sub-band. See paragraph [0006] disclosing dividing the signal for the time increment into blocks, performing a transform on each block, selecting peaks from each transformed block, selecting subbands based on the frequency of occurrence of the peaks in the transformed blocks, collaborating with the other sensor nodes in the cluster to select the common subbands, performing a transform on the signal for the time increment, encoding the subband features of the signal for the time increment, and transmitting the subband features of the signal for the time increment to the base station. Examiner note: Column 6 of the ‘630 Patent states, “In block 220, the processor 104 determines that at least one sub-band of the transformed downlink signal includes data to be transmitted via the DAS 100. The processor 104 can identify that the transformed downlink signal includes sub-bands of interest. For example, the processor 104 can determine that one or more bins of an FFT or other frequency transform include data having a magnitude exceeding a threshold magnitude.” Thus, in view of the ‘630 patent stating that determining that a sub-band has data to be transmitted is based on having a magnitude exceeding a threshold magnitude, Azimi’s selection of peaks based on the frequency of occurrence of peaks meets this limitation. This element is interpreted under 35 U.S.C. 112(f) as the circuitry with the algorithm described in the specification (See for example column 5, lines 44-column 6, lines 9, “One or both of the processor 104 and the signal processing section 108 can execute computationally efficient algorithms for generating the transformed downlink signal and for determining the equally spaced sub-bands into which downlink signals can be divided. For example, the processor 104 can determine that one or more bins of an FFT or other frequency transform include data having a magnitude exceeding a threshold magnitude.”)
It would have been obvious to a skilled artisan at the time of the invention to have incorporated Azimi’s determining that a sub-band of the transformed downlink signal includes data to be transmitted via a distributed antenna system and extracting the at least one sub-band for transmission to the distributed antenna system within Ma for the benefit of reducing the amount of bandwidth required in transmitting the entire downlink signal. See for example paragraphs [0002]-[0005] of Ma.
Regarding claim 2, Ma discloses the telecommunication unit of claim 1, the circuitry configured to: provide the frequency transform by executing at least one of a fast Fourier transform algorithm, a discrete Fourier transform algorithm, and a discrete cosine transform algorithm using the downlink telecommunication signal as an input. See paragraph [0031] disclosing performing a fast Fourier transform on the downlink signal. This element is interpreted under 35 U.S.C. 112(f) as the circuitry with the algorithm described in the specification (the computationally efficient algorithm for generating the transformed downlink signal or one or more FFT modules in the signal processing section which can generate a FFT for a frequency spectrum, column 5, lines 42-67).
Regarding claim 3, Ma discloses the telecommunication unit of claim 1, wherein the circuitry is configured to determine that the at least one sub-band of the transformed downlink telecommunication signal includes the data to be transmitted by being configured to: identify, for each respective portion of a plurality of portions of the transformed downlink telecommunication signal in the frequency domain, a respective signal level for the respective portion; and determine that at least a first portion of the plurality of portions that corresponds to the at least one sub-band has a signal level exceeding a threshold signal level. See paragraph [0006] disclosing dividing the signal for the time increment into blocks, performing a transform on each block, selecting peaks from each transformed block, selecting subbands based on the frequency of occurrence of the peaks in the transformed blocks, collaborating with the other sensor nodes in the cluster to select the common subbands, performing a transform on the signal for the time increment, encoding the subband features of the signal for the time increment, and transmitting the subband features of the signal for the time increment to the base station. It would have been obvious to a skilled artisan at the time of the invention to have incorporated Azimi’s determining that a sub-band of the transformed downlink signal includes data to be transmitted via a distributed antenna system and extracting the at least one sub-band for transmission to the distributed antenna system within Ma for the benefit of reducing the amount of bandwidth required in transmitting the entire downlink signal. See for example paragraphs [0002]-[0005] of Ma. This element is interpreted under 35 U.S.C. 112(f) as the circuitry with the algorithm described in the specification (One or both of the processor 104 and the signal processing section 108 can execute computationally efficient algorithms for generating the transformed downlink signal and for determining the equally spaced sub-bands into which downlink signals can be divided. In a non-limiting example, an FFT can be applied to a downlink signal to convert the downlink signal from the time domain to the frequency domain. One or more FFT modules or modules in the signal processing section 108 of the unit can generate an FFT for a frequency spectrum used by the DAS 100. Each bin of the FFT can correspond to a sub-band of the downlink signal. Each bin can include information about the downlink signal within the bandwidth of the bin, such as a magnitude and a phase for the sub-band in the bin. A length of the FFT being used can determine the bandwidth for each sub-band. For example, the processor 104 can obtain a 1,024-point FFT of a signal received by the unit. The sampling rate of the digital signal can be divided into the 1,024 FFT bins. The processor 104 can identify sub-bands of interest within the frequency spectrum from the FFT of the frequency spectrum. The unit 102 can use the processor 104 to extract the identified sub-bands for processing and routing, column 5, lines 44-column 6)
.
Regarding claim 8, Ma does not explicitly disclose the telecommunication unit of claim 1, wherein the at least one portion of the transformed downlink telecommunication signal includes at least one bin. However, Azimi discloses at least one portion of the transformed downlink signal includes at least one bin. See paragraphs [0020] and [0022]. It would have been obvious to a skilled artisan at the time of the invention to have included at least one bin for at least one portion of the transformed signal within Ma for the sake of identifying subbands that carry target information.
Regarding claims 9-11 and 16, claims 9-11 and 16 are drawn to the method corresponding to the unit in claims 1-3 and 8 respectively above. Thus, these claims are rejected under the same rationale.
Regarding claims 17-20, claims 17-20 are drawn to the system corresponding to the unit in claims 1-3 and 8 respectively above. Thus, these claims are rejected under the same rationale.
13. Claims 4-5, 7, 12-13, 15, 21-23, and 25-29 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al., US 2013/0083705 A1, 04/04/2013 (filed 11/14/2011) in view of Azimi-Sadjadi et al., US 2011/0281602 A1, 11/17/2011 (hereinafter “Azimi”) and Suzuki et al., US 2011/0222632 A1, 09/15/2011.
Regarding claim 4, Ma does not disclose the telecommunication unit of claim 1, wherein the circuitry is configured to determine that the at least one sub-band of the transformed downlink telecommunication signal includes the data to be transmitted by being configured to: receive a control signal from a base station; identify, from the control signal, at least one channel used by the base station to transmit downlink telecommunication signal; and identify the at least one sub-band from the at least one channel. However, Suzuki discloses obtaining reception quality of a downlink based on a pilot channel included in a downlink signal transmitted by a base station. See paragraph [0059]. It would have been obvious to a skilled artisan at the time of the invention to have incorporated Suzuki’s teachings of identifying at least one channel used by the base station to transmit downlink signals within Ma and Azimi’s system for the benefit of accurately estimating the desired signal power and interference signal power.
Regarding claim 12, claim 12 is drawn to the method corresponding to the unit in claim 4 above. Thus, it is rejected under the same rationale.
Regarding claim 5, while Ma discloses routing data for at least a portion to the at least one remote antenna unit as identified in claim 1, Ma/Azimi do not disclose wherein the circuitry is configured to discard additional data for at least one additional portion of the transformed downlink telecommunication signal by being configured to: provide a control signal to a combiner module of the telecommunication unit, wherein the control signal is configured to cause the combiner module to exclude the additional data from a combining operation used to route the data for the at least one portion to the at least one remote antenna unit. However, Suzuki discloses determining whether a desired signal power to interference signal power ratio (SIR) is equal to or greater than the threshold. An averaging process unit receives the desired signal power and interference signal power estimated by the radio quality measurement unit to obtain the SIR. When a desired signal power does not exist and only noise exist, by determining whether the SIR is equal or greater than a threshold, SIR obtained on the noise can be removed. See paragraphs [0092]-[0096]. It would have been obvious to a skilled artisan at the time of the invention to have incorporated Suzuki’s removal of noise (i.e. additional data or lack of voice data) within Ma/Azimi for the purpose of removing undesired data such as noise and in order to reduce the computational resources required for processing the signal.
Regarding claim 13, claim 13 is drawn to the method corresponding to the unit in claim 5 above. Thus, it is rejected under the same rationale.
Regarding claim 7, Ma discloses the telecommunication unit of claim 1, wherein the circuitry is further configured to: receive a plurality of frequency-transformed uplink telecommunication signals from a plurality of remote antenna units of the distributed antenna system; identify a subset of sub-bands from the plurality of frequency transformed uplink telecommunication signals that include uplink data to be transmitted via the distributed antenna system; and combine the subset of sub-bands for transmission to the base station. See paragraph [0025] disclosing a remote access unit of the distributed antenna system receiving an uplink signal. The RAU 23 generates an output state signal 214, combines the user uplink signal 212 with the output state signal 214 to generate a third OFDM signal 216, and transmits the third OFDM signal 216 to the base station 21 via the fiber transmission line 15. Similarly, the user uplink signal 212 is carried on the used subcarrier set of the third OFDM signal 216, while the output state signal 214 is carried on the guard band subcarrier set of the third OFDM signal 216, as shown in FIG. 3. Thereafter, the base station 21 receives the third OFDM signal 216 and performs a fast Fourier transform on the third OFDM signal 216 to obtain the user uplink signal 212 and the output state signal 214. Ma does not explicitly disclose excluding sub-bands other than the subset of sub-bands that include the uplink data. However, Suzuki discloses determining whether a desired signal power to interference signal power ratio (SIR) is equal to or greater than the threshold. An averaging process unit receives the desired signal power and interference signal power estimated by the radio quality measurement unit to obtain the SIR. When a desired signal power does not exist and only noise exist, by determining whether the SIR is equal or greater than a threshold, SIR obtained on the noise can be removed. See paragraphs [0092]-[0096]. This meets the limitation excluding sub-bands other than the subset of sub-bands that include the uplink data. It would have been obvious to a skilled artisan at the time of the invention to have incorporated Suzuki’s removal of noise (i.e. additional data or lack of voice data) within Ma/Azimi for the purpose of removing undesired data such as noise and in order to reduce the computational resources required for processing the signal.
Regarding claim 15, claim 15 is drawn to the method corresponding to the unit in claim 7 above. Thus, it is rejected under the same rationale.
Regarding claim 21, Ma discloses a first interface circuitry configured to: receive a downlink telecommunication signal from a base station. See abstract, paragraph [0011]-[0013] disclosing receiving a downlink signal. Ma discloses a system in which a downlink signal is transmitted via a distributed antenna system. See abstract and paragraphs [0011]-[0014].
Ma discloses a processor communicatively coupled to the first interface circuitry and configured to generate a transformed downlink telecommunication signal by performing a frequency transform on the downlink telecommunication signal, wherein the transformed downlink telecommunication signal represents the downlink telecommunication signal in a frequency domain. See paragraph [0031] and [0034] disclosing performing a FFT on the OFDM signal.
Ma discloses determine that at least one sub-band of the transformed downlink telecommunication signal includes data to be transmitted via a distributed antenna signal. See abstract, claim 1, and paragraphs [0011]-[0014], [0020]-[0021], and paragraphs [0031]-[0035].
Ma discloses a second interface circuitry configured to provide data from the transformed downlink telecommunication signal to at least one remote antenna unit of the distributed antenna system, wherein the at least one remote antenna unit is remote from the telecommunication unit. See abstract, claim 1, and paragraphs [0011]-[0014], [0020]-[0021], and paragraphs [0031]-[0035].
However, Ma does not explicitly disclose extracting sub-bands from the transformed downlink telecommunication signal. However, Azimi at paragraph [0006] discloses dividing the signal for the time increment into blocks, performing a transform on each block, selecting peaks from each transformed block, selecting subbands based on the frequency of occurrence of the peaks in the transformed blocks, collaborating with the other sensor nodes in the cluster to select the common subbands, performing a transform on the signal for the time increment, encoding the subband features of the signal for the time increment, and transmitting the subband features of the signal for the time increment to the base station. It would have been obvious to a skilled artisan at the time of the invention to have incorporated Azimi’s determining that a sub-band of the transformed downlink signal includes data to be transmitted via a distributed antenna system and extracting the at least one sub-band for transmission to the distributed antenna system within Ma for the benefit of reducing the amount of bandwidth required in transmitting the entire downlink signal. See for example paragraphs [0002]-[0005] of Ma.
Neither Ma nor Azimi explicitly disclose extracting the at least one sub-band from the transformed downlink telecommunication signal at least in part by: determining that at least one additional sub-band lacks data to be transmitted via the distributed antenna system; and modifying the transformed downlink telecommunication signal to exclude the at least one additional sub-band.
However, Suzuki discloses determining whether a desired signal power to interference signal power ratio (SIR) is equal to or greater than the threshold. An averaging process unit receives the desired signal power and interference signal power estimated by the radio quality measurement unit to obtain the SIR. When a desired signal power does not exist and only noise exist, by determining whether the SIR is equal or greater than a threshold, SIR obtained on the noise can be removed. See paragraphs [0092]-[0096]. This meets the limitation extract the at least one sub-band from the transformed downlink telecommunication signal at least in part by: determining that at least one additional sub-band lacks data to be transmitted via the distributed antenna system; and modifying the transformed downlink telecommunication signal to exclude the at least one additional sub-band. It would have been obvious to a skilled artisan at the time of the invention to have incorporated Suzuki’s removal of noise (i.e. additional data or lack of voice data) within Ma/Azimi for the purpose of removing undesired data such as noise and in order to reduce the computational resources required for processing the signal.
These elements are interpreted under 35 U.S.C. 112(f) as the processor with the algorithm described in the specification (One or both of the processor 104 and the signal processing section 108 can execute computationally efficient algorithms for generating the transformed downlink signal and for determining the equally spaced sub-bands into which downlink signals can be divided. In a non-limiting example, an FFT can be applied to a downlink signal to convert the downlink signal from the time domain to the frequency domain. One or more FFT modules or modules in the signal processing section 108 of the unit can generate an FFT for a frequency spectrum used by the DAS 100. Each bin of the FFT can correspond to a sub-band of the downlink signal. Each bin can include information about the downlink signal within the bandwidth of the bin, such as a magnitude and a phase for the sub-band in the bin. A length of the FFT being used can determine the bandwidth for each sub-band. For example, the processor 104 can obtain a 1,024-point FFT of a signal received by the unit. The sampling rate of the digital signal can be divided into the 1,024 FFT bins. The processor 104 can identify sub-bands of interest within the frequency spectrum from the FFT of the frequency spectrum. The unit 102 can use the processor 104 to extract the identified sub-bands for processing and routing, column 5, lines 44-column 6, See also column 7, lines56-column 8, lines 5.)
Regarding claim 26, claim 26 is drawn to the method corresponding to the unit in claim 21 above. Thus, it is rejected under the same rationale.
Regarding claim 22, Ma discloses the telecommunication unit of claim 21, wherein the processor is configured to perform the frequency transform by executing at least one of a fast Fourier transform algorithm, a discrete Fourier transform algorithm, and a discrete cosine transform algorithm using the downlink telecommunication signal as an input. See paragraph [0031] disclosing performing a fast Fourier transform on the downlink signal. This element is interpreted under 35 U.S.C. 112(f) as the circuitry with the algorithm described in the specification (the computationally efficient algorithm for generating the transformed downlink signal or one or more FFT modules in the signal processing section which can generate a FFT for a frequency spectrum, column 5, lines 42-67).
Regarding claim 23, Ma does not explicitly disclose sub-dividing and determining that at least one downlink signal component corresponds to at least one sub-band having data to be transmitted via a distributed antenna system and extracting the at least one sub-band of the transformed downlink signal for transmission via the distributed antenna system. However, Azimi discloses sub-divide the downlink telecommunication signal into a sub-divided downlink telecommunication signal having downlink telecommunication signal components in a time domain, each of the downlink telecommunication signal components corresponding to a respective sub-band. See abstract disclosing subdividing the received signal into blocks. See also paragraph [0006] disclosing dividing the signal for the time increment into blocks, performing a transform on each block, selecting peaks from each transformed block, selecting subbands based on the frequency of occurrence of the peaks in the transformed blocks, collaborating with the other sensor nodes in the cluster to select the common subbands, performing a transform on the signal for the time increment, encoding the subband features of the signal for the time increment, and transmitting the subband features of the signal for the time increment to the base station. Azimi discloses determine that at least one of the plurality of downlink telecommunication signal components corresponds to at least one sub-band having data to be transmitted via a distributed antenna system. See paragraph [0006] disclosing dividing the signal for the time increment into blocks, performing a transform on each block, selecting peaks from each transformed block, selecting subbands based on the frequency of occurrence of the peaks in the transformed blocks, collaborating with the other sensor nodes in the cluster to select the common subbands, performing a transform on the signal for the time increment, encoding the subband features of the signal for the time increment, and transmitting the subband features of the signal for the time increment to the base station. Examiner note: Column 6 of the ‘630 Patent states, “In block 220, the processor 104 determines that at least one sub-band of the transformed downlink signal includes data to be transmitted via the DAS 100. The processor 104 can identify that the transformed downlink signal includes sub-bands of interest. For example, the processor 104 can determine that one or more bins of an FFT or other frequency transform include data having a magnitude exceeding a threshold magnitude.” Thus, in view of the ‘630 patent stating that determining that a sub-band has data to be transmitted is based on having a magnitude exceeding a threshold magnitude, Azimi’s selection of peaks based on the frequency of occurrence of peaks meets this limitation. It would have been obvious to a skilled artisan at the time of the invention to have incorporated Azimi’s determining that a sub-band of the transformed downlink signal includes data to be transmitted via a distributed antenna system and extracting the at least one sub-band for transmission to the distributed antenna system within Ma for the benefit of reducing the amount of bandwidth required in transmitting the entire downlink signal. See for example paragraphs [0002]-[0005] of Ma. These elements are interpreted under 35 U.S.C. 112(f) as the processor with the algorithm described in the specification (One or both of the processor 104 and the signal processing section 108 can execute computationally efficient algorithms for generating the transformed downlink signal and for determining the equally spaced sub-bands into which downlink signals can be divided. In a non-limiting example, an FFT can be applied to a downlink signal to convert the downlink signal from the time domain to the frequency domain. One or more FFT modules or modules in the signal processing section 108 of the unit can generate an FFT for a frequency spectrum used by the DAS 100. Each bin of the FFT can correspond to a sub-band of the downlink signal. Each bin can include information about the downlink signal within the bandwidth of the bin, such as a magnitude and a phase for the sub-band in the bin. A length of the FFT being used can determine the bandwidth for each sub-band. For example, the processor 104 can obtain a 1,024-point FFT of a signal received by the unit. The sampling rate of the digital signal can be divided into the 1,024 FFT bins. The processor 104 can identify sub-bands of interest within the frequency spectrum from the FFT of the frequency spectrum. The unit 102 can use the processor 104 to extract the identified sub-bands for processing and routing, column 5, lines 44-column 6)
Regarding claim 27, claim 27 is rejected under the same rationale used in claim 4 above.
Regarding claim 28, claim 28 is drawn to the method corresponding to the unit in claim 23 above. Thus, it is rejected under the same rationale.
Regarding claim 25, Ma discloses the unit of claim 21, wherein the second interface section is further configured to: receive a plurality of transformed uplink telecommunication signals from a plurality of remote antenna units of the distributed antenna system; wherein each of the plurality of transformed uplink telecommunication signals is generated by performing a frequency transform on a respective uplink telecommunication signal to represent the respective uplink signal in the frequency domain; identify a subset of sub-bands from the plurality of transformed uplink telecommunication signals that include uplink data to be transmitted via the distributed antenna system; and combine the subset of sub-bands for transmission to the base station. See paragraph [0025] disclosing a remote access unit of the distributed antenna system receiving an uplink signal. The RAU 23 generates an output state signal 214, combines the user uplink signal 212 with the output state signal 214 to generate a third OFDM signal 216, and transmits the third OFDM signal 216 to the base station 21 via the fiber transmission line 15. Similarly, the user uplink signal 212 is carried on the used subcarrier set of the third OFDM signal 216, while the output state signal 214 is carried on the guard band subcarrier set of the third OFDM signal 216, as shown in FIG. 3. Thereafter, the base station 21 receives the third OFDM signal 216 and performs a fast Fourier transform on the third OFDM signal 216 to obtain the user uplink signal 212 and the output state signal 214. Ma does not explicitly disclose excluding sub-bands other than the subset of sub-bands that include the uplink data. However, Suzuki discloses determining whether a desired signal power to interference signal power ratio (SIR) is equal to or greater than the threshold. An averaging process unit receives the desired signal power and interference signal power estimated by the radio quality measurement unit to obtain the SIR. When a desired signal power does not exist and only noise exist, by determining whether the SIR is equal or greater than a threshold, SIR obtained on the noise can be removed. See paragraphs [0092]-[0096]. This meets the limitation excluding sub-bands other than the subset of sub-bands that include the uplink data. It would have been obvious to a skilled artisan at the time of the invention to have incorporated Suzuki’s removal of noise (i.e. additional data or lack of voice data) within Ma/Azimi for the purpose of removing undesired data such as noise and in order to reduce the computational resources required for processing the signal. These elements are interpreted under 35 U.S.C. 112(f) as the processor with the algorithm described in the specification (One or both of the processor 104 and the signal processing section 108 can execute computationally efficient algorithms for generating the transformed downlink signal and for determining the equally spaced sub-bands into which downlink signals can be divided. In a non-limiting example, an FFT can be applied to a downlink signal to convert the downlink signal from the time domain to the frequency domain. One or more FFT modules or modules in the signal processing section 108 of the unit can generate an FFT for a frequency spectrum used by the DAS 100. Each bin of the FFT can correspond to a sub-band of the downlink signal. Each bin can include information about the downlink signal within the bandwidth of the bin, such as a magnitude and a phase for the sub-band in the bin. A length of the FFT being used can determine the bandwidth for each sub-band. For example, the processor 104 can obtain a 1,024-point FFT of a signal received by the unit. The sampling rate of the digital signal can be divided into the 1,024 FFT bins. The processor 104 can identify sub-bands of interest within the frequency spectrum from the FFT of the frequency spectrum. The unit 102 can use the processor 104 to extract the identified sub-bands for processing and routing, column 5, lines 44-column 6, see also column 7, lines 55-column 6, line 5)
Regarding claim 29, claim 29 is drawn to the method corresponding to the unit in claim 25 above. Thus, it is rejected under the same rationale.
14. Claims 6, 14, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Ma et al., US 2013/0083705 A1, 04/04/2013 (filed 11/14/2011) in view of Azimi-Sadjadi et al., US 2011/0281602 A1, 11/17/2011 (hereinafter “Azimi”), Suzuki et al., US 2011/0222632 A1, 09/15/2011, and Lennen, US 6,888,879 B1, 05/03/2005.
Regarding claim 6, Ma/Azimi do not disclose wherein the circuitry is further configured to: determine that at least one additional sub-band lacks data to be transmitted via the distributed antenna system; modify the transformed downlink telecommunication signal to exclude the at least one additional sub-band; and reduce a sampling rate of the transformed downlink telecommunication signal based on the transformed downlink telecommunication signal being modified to exclude the at least one additional sub-band. However, Suzuki discloses determining whether a desired signal power to interference signal power ratio (SIR) is equal to or greater than the threshold. An averaging process unit receives the desired signal power and interference signal power estimated by the radio quality measurement unit to obtain the SIR. When a desired signal power does not exist and only noise exist, by determining whether the SIR is equal or greater than a threshold, SIR obtained on the noise can be removed. See paragraphs [0092]-[0096]. This meets the limitation wherein the circuitry is further configured to: determine that at least one additional sub-band lacks data to be transmitted via the distributed antenna system; modify the transformed downlink telecommunication signal to exclude the at least one additional sub-band; It would have been obvious to a skilled artisan at the time of the invention to have incorporated Suzuki’s removal of noise (i.e. additional data or lack of voice data) within Ma/Azimi for the purpose of removing undesired data such as noise. While Suzuki does not explicitly disclose reduce a sampling rate of the transformed downlink telecommunication signal based on the transformed downlink telecommunication signal being modified to exclude the at least one additional sub-band, Lennen discloses that decimation filters were well known in the art at the time of the invention. The purpose of such a filter was to slow the sampling rate down from input to output and also reduce the bandwidth to ensure no signal-to-noise ration loss. See column 13, lines 59-67. Thus, it would have been obvious to incorporate Lennen’s teachings of reducing the sampling rate of a signal when excluding sub-bands of noise in order to reduce the computational resources required for processing the signal.
These elements are interpreted under 35 U.S.C. 112(f) as the circuitry with the algorithm described in the specification (One or both of the processor 104 and the signal processing section 108 can execute computationally efficient algorithms for generating the transformed downlink signal and for determining the equally spaced sub-bands into which downlink signals can be divided. In a non-limiting example, an FFT can be applied to a downlink signal to convert the downlink signal from the time domain to the frequency domain. One or more FFT modules or modules in the signal processing section 108 of the unit can generate an FFT for a frequency spectrum used by the DAS 100. Each bin of the FFT can correspond to a sub-band of the downlink signal. Each bin can include information about the downlink signal within the bandwidth of the bin, such as a magnitude and a phase for the sub-band in the bin. A length of the FFT being used can determine the bandwidth for each sub-band. For example, the processor 104 can obtain a 1,024-point FFT of a signal received by the unit. The sampling rate of the digital signal can be divided into the 1,024 FFT bins. The processor 104 can identify sub-bands of interest within the frequency spectrum from the FFT of the frequency spectrum. The unit 102 can use the processor 104 to extract the identified sub-bands for processing and routing, column 5, lines 44-column 6, See also column 7, lines 56-column 8, lines 5.)
Regarding claim 14, claim 14 is drawn to the method corresponding to the unit in claim 6 above. Thus, it is rejected under the same rationale.
Regarding claim 24, Ma/Azimi/Suzuki do not disclose the telecommunication unit of claim 21, further comprising a signal processing section configured to: reduce a sampling rate of the transformed downlink telecommunication signal based on the transformed downlink telecommunication signal being modified to exclude the at least one additional sub-band. Lennen discloses reducing a sampling rate of the transformed downlink signal based on the transformed downlink signal being modified to exclude the at least one additional sub-band, Lennen discloses that decimation filters were well known in the art at the time of the invention. The purpose of such a filter was to slow the sampling rate down from input to output and also reduce the bandwidth to ensure no signal-to-noise ration loss. See column 13, lines 59-67. Thus, it would have been obvious to incorporate Lennen’s teachings of reducing the sampling rate of a signal when excluding sub-bands of noise in order to reduce the computational resources required for processing the signal. These elements are interpreted under 35 U.S.C. 112(f) as the processor with the algorithm described in the specification (One or both of the processor 104 and the signal processing section 108 can execute computationally efficient algorithms for generating the transformed downlink signal and for determining the equally spaced sub-bands into which downlink signals can be divided. In a non-limiting example, an FFT can be applied to a downlink signal to convert the downlink signal from the time domain to the frequency domain. One or more FFT modules or modules in the signal processing section 108 of the unit can generate an FFT for a frequency spectrum used by the DAS 100. Each bin of the FFT can correspond to a sub-band of the downlink signal. Each bin can include information about the downlink signal within the bandwidth of the bin, such as a magnitude and a phase for the sub-band in the bin. A length of the FFT being used can determine the bandwidth for each sub-band. For example, the processor 104 can obtain a 1,024-point FFT of a signal received by the unit. The sampling rate of the digital signal can be divided into the 1,024 FFT bins. The processor 104 can identify sub-bands of interest within the frequency spectrum from the FFT of the frequency spectrum. The unit 102 can use the processor 104 to extract the identified sub-bands for processing and routing, column 5, lines 44-column 6, see also column 7, lines 56-column 8, line 5).
Response to Arguments
15. Applicant's arguments filed 03/23/2026 have been fully considered but they are not persuasive.
112(f) interpretation
16. Applicant argues it is not their intention to have means-plus-functional interpretation applied to the claimed features. Applicant argues “circuitry”, “first telecommunication unit”, “processor”, “signal processing circuitry”, “second interface circuitry” provide clear structure as they are modified by language that would provide sufficient structure. Applicant argues these terms are sufficient structure and not merely used as a substitute for means as generic placeholders, specifically arguing that the first prong of the 35 USC 112(f) analysis does not apply, thus the “special programming” analysis is not relevant. Applicant argues the terms “circuitry”, “processor” and “telecommunication unit” are sufficient structure.
Examiner disagrees.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
For example, generic circuitry is not capable of performing the recited functions alone. Column 5, lines 6-column 6 of the ‘630 Patent states that the signal processing section includes modules for conditioning, filtering, combining or otherwise processing signals received via an interface section and communicated to other devices in the DAS via the interface section. It also states the processor includes any processing device/group of processing devices configured to execute one or more algorithms to identify sub-bands of interest. Furthermore, claim 2 recites that the circuitry is configured to provide the frequency transform by executing one of three algorithms. Thus, Examiner finds that the circuitry alone is not sufficient for carrying out the recited function and requires the use of special programming.
The claim limitation(s) use generic placeholders coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Examiner finds that some special programming is needed for the circuitry, first unit, processor, signal processing section and second interface section to perform the recited functions. Column 12, lines 62-67 state, “In some aspects, one or more of the elements in the signal processing section 503 can be implemented as software modules executed by the processor 104. In additional or alternative aspects, one or more of the elements in the signal processing section 503 can be implemented using dedicated signal processing circuitry, such as an FPGA. As noted in the rejections above, these elements are interpreted under 35 USC 112 6th/(f) as the specially programmed processor or circuitry described in the specification. Since a general purpose processor, a first unit, circuitry, a signal processing section and a second interface section each are not capable of performing these functions alone, it does not denote sufficient structure as it requires special programming. Applicant is reminded that “as originally described in Katz, ‘special programming’ includes any functionality that is not ‘coextensive’ with a microprocessor or general purpose computer.” EON Corp. IP Holdings LLC v. AT&T Mobility LLC, 785 F.3d 616, 623, 114 USPQ2d 1711, 1715 (Fed. Cir. 2015). “Katz held that a standard microprocessor can serve as sufficient structure for ‘functions [that] can be achieved by any general purpose computer without special programming.’” EON Corp., 785 F.3d at 621, 114 USPQ2d at 1714 quoting In re Katz Interactive Call Processing Patent Litig. (Ronald A. Katz Tech. Licensing, LP v. Am. Airlines, Inc.), 639 F.3d 1303, 1316, 97 USPQ2d 1737, 1747 (Fed. Cir. 2011). “In cases involving a computer-implemented invention, we have held that the structure must be more than a general purpose computer or a microprocessor, … unless, in the rare circumstance, any general purpose computer without any special programming can perform the function.” Alfred E. Mann Found. for Scientific Research v. Cochlear Corp., 841 F.3d 1334, 1342, 123 USPQ2d 1669, 1675 (Fed. Cir. 2016)(citations omitted).
Examiner finds that ordinary circuitry, first unit, processor, signal processing section and second interface section cannot perform the entire claimed functions noted above without special programming. Thus, the interpretation is maintained.
Rejections under 35 USC 103
17. Beginning on page 20 of the Remarks, Applicant argues the combination of references.
Claims 1-3, 8-11, and 16-20
18. Applicant argues no combination of the Ma or Azimi-Sadjadi references teaches all the features of claim 1. Specifically, Applicant argues not combination of the references teaches (1) sub-divide the downlink telecommunication signal into a sub-divided downlink signal having downlink telecommunication signal components in a time domain, each of the downlink telecommunication signal components corresponding to a respective sub-band; (2) determine that at least one downlink telecommunication signal component of the downlink telecommunication signal components corresponds to at least one sub-band having data to be transmitted via a distributed antenna system; and (3) extract the at least one sub-band from the transformed downlink telecommunication signal at least in part by being configured to provide first data for at least one portion of the transformed downlink telecommunication signal in the frequency domain that corresponds to the at least one sub-band to the at least one remote antenna unit of the distributed antenna system. Applicant argues, citing paragraphs [0006], [0024]-[0025] of Azimi-Sadaja that while Ma relates to telecommunications signals, Azimi-Sadaja does not and instead relates to feature extraction from a sensor signal. Thus, Applicant argues Azimi-Sadaja does not disclose (1) sub-divide the downlink telecommunication signal into a sub-divided downlink signal having downlink telecommunication signal components in a time domain, each of the downlink telecommunication signal components corresponding to a respective sub-bands as it relates to detecting acoustic sources through processing sensor data, where the resulting processed sensor data is communicated using relatively low-bandwidth communication protocols. Applicant argues this reference relates to reducing the size of the payload of data communicated over a single communication channel and is related to sensor feature extraction and not telecommunications. Applicant argues a skilled artisan would not modify a telecommunication system to incorporate a sensor feature detection scheme that relies on the peaks in certain acoustic tones and blocks created by dividing the signals for a selected time increment into blocks and that the subbands are selected based on the frequency of occurrence of peaks. Applicant argues even if paragraph [0006] of Azimi-Sadaja describes selecting subbands based on the frequency of occurrence of the peaks in the transformed block, it does not teach the sub-divided downlink telecommunication signal having downlink telecommunication signal components, determining if sub-bands include data to be transmitted, or extracting the at least one sub-band from the transformed downlink telecommunication signal at least in part by being configured to provide first data for at least one portion of the transformed downlink telecommunication signal in the frequency domain that corresponds to the at least one sub-band to the at least one remote antenna unit of the distributed antenna system.
Examiner disagrees. Regarding the argument that while Ma relates to telecommunications signals, Azimi-Sadaja does not and instead relates to feature extraction from a sensor signal, Examiner notes the broadest reasonable interpretation of the term “telecommunication signal” is a signal transmitted to terminal devices such as mobile devices or other devices. See column 13 of the ‘630 Patent. Applicant accepts that Ma discloses telecommunications signals, but argues Azimi-Sadaja does not. Examiner disagrees that Azimi-Sadaja does not teach telecommunication signals. See paragraphs [0001]-[0006] of Azimi-Sadaja. Azimi-Sadaja discloses distributed wireless sensor networks consisting of several sensors for use in surveillance, monitoring, urban warfare, homeland security and border control. The distributed wireless sensor networks capture acoustic signatures of a wide variety of sources including ground and airborne vehicles as well as transient events. Azimi-Sadaja discloses reducing the rate of data transmission from each sensor node to the base station not only reduces the cost and power consumption of each sensor node but also the complexity and cost of the base station. More importantly, it allows deploying a large number of sensor nodes to cover a large area without exceeding the bandwidth limitation of the wireless communication system. Azimi-Sadaja discloses the desire to reduce the data rate in large networks with sensor nodes that use communication protocols such as zigbee-based communication protocols. Azimi-Sadaja discloses distributed sensor network for locating and classifying signal sources includes a base station and clusters of sensor nodes. Each sensor node has one or more sensors, memory, a field programmable gate array (FPGA) or other processing device, and a communications link with the base station and other nodes in the same cluster. Thus, Examiner finds that Azimi-Sadaja discloses a telecommunications signal as evidenced by the teachings cited above.
Moreover, Ma also discloses telecommunications signal. Thus, even to the extent that Azimi-Sadaja fell short of teaching telecommunications signals, the combination of Ma in view of Azimi-Sadaja meets these disputed limitations. See Ma at abstract, paragraph [0011]-[0013] disclosing receiving a downlink signal. Ma discloses a system in which a downlink signal is transmitted via a distributed antenna system. See abstract and paragraphs [0011]-[0014]. Ma discloses generate a transformed downlink telecommunication signal representing the downlink telecommunication signal in a frequency domain by performing a frequency transform on the downlink telecommunication signal. See figure 1, paragraph [0004]-[0008], paragraph [0031] and [0034] disclosing performing an FFT on the OFDM signal. See abstract, claim 1, and paragraphs [0011]-[0014], [0020]-[0021], and paragraphs [0031]-[0035]. Ma does not explicitly disclose sub-dividing and determining that at least one downlink signal component corresponds to at least one sub-band having data to be transmitted via a distributed antenna system and extracting the at least one sub-band of the transformed downlink signal for transmission via the distributed antenna system. However, Azimi discloses sub-divide the downlink telecommunication signal into a sub-divided downlink telecommunication signal having downlink telecommunication signal components in a time domain, each of the downlink telecommunication signal components corresponding to a respective sub-band. See abstract disclosing subdividing the received signal into blocks. See also paragraph [0006] disclosing dividing the signal for the time increment into blocks, performing a transform on each block, selecting peaks from each transformed block, selecting subbands based on the frequency of occurrence of the peaks in the transformed blocks, collaborating with the other sensor nodes in the cluster to select the common subbands, performing a transform on the signal for the time increment, encoding the subband features of the signal for the time increment, and transmitting the subband features of the signal for the time increment to the base station. Azimi discloses a field programmable gate array connected to said analog to digital converter, and programmed to divide said digital signal into blocks. See paragraphs [0015] and [0025]. This element is interpreted under 35 U.S.C. 112(f) as the circuitry with a dedicated signal processing circuitry such as FPGA described in the specification in column 9, lines 11-25 (In some aspects, one or more of the FFT modules 306a, 306b, the combiner 310, and the framers 312a, 312b can be implemented as software modules executed by the processor 104. In additional or alternative aspects, one or more of the FFT modules 306a, 306b, the combiner 310, and the framers 312a, 312b can be implemented using dedicated signal processing circuitry, such as an FPGA.). Azimi discloses determine that at least one downlink telecommunication signal component of the downlink telecommunication signal components corresponds to at least one sub-band having data to be transmitted via a distributed antenna system, determine that the at least one sub-band of the transformed downlink telecommunication signal includes the data to be transmitted; extract the at least one sub-band from the transformed downlink telecommunication signal at least in part by being configured to provide data for at least one portion of the transformed downlink telecommunication signal in the frequency domain that corresponds to the at least one sub-band. See paragraph [0006] disclosing dividing the signal for the time increment into blocks, performing a transform on each block, selecting peaks from each transformed block, selecting subbands based on the frequency of occurrence of the peaks in the transformed blocks, collaborating with the other sensor nodes in the cluster to select the common subbands, performing a transform on the signal for the time increment, encoding the subband features of the signal for the time increment, and transmitting the subband features of the signal for the time increment to the base station. Examiner note: Column 6 of the ‘630 Patent states, “In block 220, the processor 104 determines that at least one sub-band of the transformed downlink signal includes data to be transmitted via the DAS 100. The processor 104 can identify that the transformed downlink signal includes sub-bands of interest. For example, the processor 104 can determine that one or more bins of an FFT or other frequency transform include data having a magnitude exceeding a threshold magnitude.” Thus, in view of the ‘630 patent stating that determining that a sub-band has data to be transmitted is based on having a magnitude exceeding a threshold magnitude, Azimi’s selection of peaks based on the frequency of occurrence of peaks meets this limitation. This element is interpreted under 35 U.S.C. 112(f) as the circuitry with the algorithm described in the specification (See for example column 5, lines 44-column 6, lines 9, “One or both of the processor 104 and the signal processing section 108 can execute computationally efficient algorithms for generating the transformed downlink signal and for determining the equally spaced sub-bands into which downlink signals can be divided. For example, the processor 104 can determine that one or more bins of an FFT or other frequency transform include data having a magnitude exceeding a threshold magnitude.”). It would have been obvious to a skilled artisan at the time of the invention to have incorporated Azimi’s determining that a sub-band of the transformed downlink signal includes data to be transmitted via a distributed antenna system and extracting the at least one sub-band for transmission to the distributed antenna system within Ma for the benefit of reducing the amount of bandwidth required in transmitting the entire downlink signal. See for example paragraphs [0002]-[0005] of Ma.
With regards to the argument that various limitations are not taught by the references generically, Examiner refers to the rejections above, as aside from the portion directly addressed above, the Applicant does not provide reasons why these limitations are not taught by the portions relied upon in the rejections. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Independent claim 9 and dependent claims 10-11 and 16
19. Applicant relies on the same arguments as in the section above with respect to claims 1-3, 8-11, and 16-20. Thus, Examiner refers the remarks above with respect to these claims.
Independent claim 17 and dependent claims 18-20
20. Applicant relies on the same arguments as in the section above with respect to claims 1-3, 8-11, and 16-20. Thus, Examiner refers the remarks above with respect to these claims.
Dependent claims 4-7
21. Applicant relies on the same arguments as in the section above with respect to claims 1-3, 8-11, and 16-20. Thus, Examiner refers the remarks above with respect to these claims.
Dependent claims 12-13 and 15
22. Applicant relies on the same arguments as in the section above with respect to claims 1-3, 8-11, and 16-20. Thus, Examiner refers the remarks above with respect to these claims.
Independent claim 21 and dependent claims 22-23 and 25
23. Additionally, Applicant states no combination of the Ma, Azimi-Sadaji, and/or Suzuki references teaches or suggests the following features along with the other features of independent claim 21: (1) determine that at least one sub-band of the transformed downlink telecommunication signal includes data to be transmitted via a distributed antenna system; and (2) extract the at least one sub-band from the transformed downlink telecommunication signal at least in part by: (a) determining that at least one additional sub-band lacks data to be transmitted via the distributed antenna system; and (b) modifying the transformed downlink telecommunication signal to exclude the at least one additional sub-band. Specifically, Applicant argues nothing in paragraph [0011]-[0014], [0020]-[0021], or [0031]-[0035] describes sub-bands and/or determining sub-bands include data to be transmitted via a distributed antenna system. Applicant presents substantially the same arguments as in claim 1 above.
Thus, Examiner refers to the remarks above with respect to any repeated arguments.
Applicant argues nothing in paragraph [0092]-[0096] of Suzuki (or anywhere else in Suzuki) describes determining sub-bands lack data to be transmitted via a distributed antenna system, and/or modifying a transformed downlink signal to exclude any subbands determined to lack data. Applicant argues this is true even if a signal power ration (SIR), noise, and removal of SIR obtained from the noise in paragraph [0096] of the Suzuki reference. Applicant argues removal of noise does not teach or suggest excluding subbands determined to lack data and it is not the same thing as lack of data as noise can be present with or without data. Thus, Applicant argues removal of noise does not teach modifying a transformed downlink telecommunication signal to exclude any subbands determined to lack data.
Examiner disagrees. The ‘630 patent states in column 7, lines 56-column 8, line 5, “In one non-limiting example, the unit 102 can determine that one or more sub-bands of a digital downlink lack data to be transmitted via the DAS 100. For instance, the processor 104 of the unit 102 can identify one or more bins of the frequency domain representation of the downlink signal (e.g., an FFT, a discrete Fourier transform, a discrete cosine transform, etc.) that have signal level values that are less than a desired threshold. A signal level can include, for example, a signal power, a voltage, a magnitude, a variance, or any other signal parameter that is suitable for determining whether a signal is present. The unit 102 can discard data from the identified bins or otherwise modify the frequency domain representation of the downlink signal to exclude the sub-bands associated with the identified bins. The unit 102 can reduce the sampling rate of the modified digital downlink signal based on the sub-bands without data being excluded from the digital downlink signal.” Thus, Examiner finds that the phrase “at least one additional sub-band lacks the data to be transmitted” is inclusive of signals that may have signal level values less than a desired threshold as noted in the ‘630 patent. Thus, Suzuki’s teachings in [0092]-[0096] in which it is determined whether a desired signal power to interference signal power ratio (SIR) is equal to or greater than the threshold meets the limitation. Suzuki teaches an averaging process unit receives the desired signal power and interference signal power estimated by the radio quality measurement unit to obtain the SIR. When a desired signal power does not exist and only noise exist, by determining whether the SIR is equal or greater than a threshold, SIR obtained on the noise can be removed. See paragraphs [0092]-[0096].
With regards to the argument that various limitations are not taught by the references, Examiner refers to the rejections above, as aside from the portion directly above, the Applicant does not provide reasons why these limitations are not taught by the portions relied upon in the rejections. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Independent claim 26 and dependent claim 27-29
24. Applicant relies on the same arguments as in the section above with respect to claims 21-23 and 25. Thus, Examiner refers the remarks above with respect to these claims.
Dependent claims 6, 14, and 24
25. Applicant relies on the same arguments as in the section above with respect to claims 1, 9, and 21. Thus, Examiner refers the remarks above with respect to these claims.
Conclusion
26. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
27. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHNA SINGH DESAI whose telephone number is (571)272-4099. The examiner can normally be reached on M-F 7:30-4PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Kosowski can be reached on 571-272-3744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/RACHNA S DESAI/Primary Examiner, Art Unit 3992
Conferees:
/William H. Wood/Reexamination Specialist, Art Unit 3992
/ANDREW J. FISCHER/Supervisory Patent Examiner, Art Unit 3992
Prosecution Insights