DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Remarks
1. This office action is in response to applicant's Arguments/ Remarks filed on 02/26/2026. Claims 1, 3-7, 21-22, 28 and new claims 34-43 are pending; and claims 2, 8-20, 23-27 and 29-33 are cancelled.
Response to Arguments
2. Applicant's arguments filed 02/26/2026 have been fully considered but they are not persuasive.
Regarding the amended independent claims 1, 21, and 28, which includes subject matter previously recited by claim 2, applicant argues that the combination of Lee et al and Nitta fails to disclose wherein the position comprises an elevation angle of the communication node relative to the electronic device. In support of argument applicant states that “…Nitta appears to teach controlling antenna elevation angle based on time alignment information. However, Nitta is silent regarding "processing circuitry... configured to... transmit a second signal directed to the communication node at an increased transmission power using the transmitter based on a trend of an elevation angle of the communication node relative to the electronic device," as recited by amended independent claim 1 and similarly recited by amended independent claims 21 and 28”. However, the examiner respectfully disagrees. . in accordance with MPEP, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck& Co., 800 F.2d 1091,231 USPQ 375 (Fed. Cir. 1986). For the instant case, Lee et al teaches processing circuitry... configured to... transmit a second signal directed to the communication node at an increased transmission power using the transmitter (paragraphs 0139-0140) and Nitta discloses wherein the position comprises an elevation angle of the communication node relative to the electronic device (paragraphs 0055 and 0112). Which would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Nitt in to the apparatus of Lee et al, for the purpose of improving communication quality, stabilize the transmission / reception state, and reduce power consumption as taught by Nitta(paragraph 0029).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
3. Claim(s) 1, 3, 5-7, 21-22, 28, 34, 36-39 and 41-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al et al (U.S. Patent Pub. # US 2022/0078040 A1) in view of NITTA KAZUMASA (JP 2003008506 (A) 2003-01-10) (hereinafter referenced as Nitta).
Regarding claim 1, Lee et al discloses an electronic device (figures 13, a terminal 1300; paragraph 0144), comprising: a transmitter; and processing circuitry communicatively coupled to the transmitter (figure 13, processor 1310 and a transceiver 1330; paragraph 0144) and configured to transmit a first signal directed to a communication node at a transmission power using the transmitter (paragraphs 0139-0140 and 0145-0146), and transmit a second signal directed to the communication node at an increased transmission power using the transmitter based on unsuccessful receipt of the first signal by the communication node (paragraphs 0134 , “…the groupcast transmitting terminal should set an appropriate power for transmitting data to the receiving terminals. In an exemplary embodiment according to the present invention, as a method for setting an appropriate power for the receiving terminals, the groupcast transmitting terminal may set an initial transmission power based on information fed back from the receiving terminals. In the initial setup phase for groupcast, the receiving terminals may measure reception power related parameters such as a reference signal received power (RSRP) or path loss based on a reference signal (e.g., a synchronization signal block (SSB)) transmitted by the groupcast transmitting terminal or the base station. The receiving terminals may feed-back the measured reception power related parameters to the groupcast transmitting terminal, and the groupcast transmitting terminal may set the initial transmission power in consideration of the reception power related parameters.”; and paragraphs 0139-0140, “…when the NACK feedback is received from the receiving terminals, the groupcast transmitting terminal may increase the transmission power and simultaneously switch to another beam to retransmit the data. Alternatively, it is possible to sequentially apply the method of increasing the transmission power and the method using beam switching. For example, when the NACK feedback is received from the receiving terminals, the transmitting terminal may first transmit the data through different beams sequentially through beam switching, and then increase the transmission power thereafter (i.e., after data retransmission through all beams is completed).”
Lee et al silent to the transmitting the second signal based on a trend of an elevation angle of the communication node relative to the electronic device.
Nitta disclose transmitting a signal based on a trend of an elevation angle of the communication node relative to the electronic device (paragraphs 0029 and 0055, “…by using the time alignment information which is considered to be roughly proportional to the geographical distance between the communication terminal and the base station, the antenna directivity control and /or transmission power control can be performed stably”; and paragraph 0112, “…controlling antenna elevation angle and/or transmit power control”).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Nitt in to the apparatus of Lee et al, such that the second signal could be transmitted based on a trend of an elevation angle of the communication node relative to the electronic device for the purpose of improving communication quality, stabilize the transmission / reception state, and reduce power consumption as taught by Nitta(paragraph 0029).
Regarding claim 3, Lee et al in view of Nitta discloses the apparatus of claim 2. Although Nitta does not explicitly disclose wherein the processing circuitry is configured to determine the increased transmission power by increasing the transmission power by a first value based on the trend of the elevation angle indicating an increasing elevation angle over time, and determine the increased transmission power by increasing the transmission power by a second value based on the trend of the elevation angle indicating a decreasing elevation angle over time, wherein the second value is greater than the first value.
Nitta disclose “…(paragraph 0112, “…by using the time alignment information which is considered to be approximately proportional to the distance between the communication terminal and the satellite, antenna elevation angle control and /or transmission power control can be performed stably”. Since Nitta teaches by using the time alignment information which is considered to be approximately proportional to the distance between the communication terminal and the satellite, antenna elevation angle control and /or transmission power control can be performed stably, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to use the processing circuitry is configured to determine the increased transmission power by increasing the transmission power by a first value based on the trend of the elevation angle indicating an increasing elevation angle over time, and determine the increased transmission power by increasing the transmission power by a second value based on the trend of the elevation angle indicating a decreasing elevation angle over time, wherein the second value is greater than the first value in order to improve communication quality, stabilize the transmission / reception state, and reduce power consumption as taught by Nitta(paragraph 0029).
Regarding claim 5, Lee et al in view of Nitta discloses the apparatus of claim 1. Lee et al discloses wherein the processing circuitry is configured to store a parameter associated with successful signal transmission based on successful receipt of the first signal, successful receipt of the second signal, or both by the communication node, and transmit a third signal directed to the communication node using the transmitter based on the parameter (paragraphs 0139-0140 and 0145).
Regarding claim 6, Lee et al in view of Nitta discloses the apparatus of claim 5. Lee et al discloses wherein the parameter comprises an initial elevation angle of the communication node, and the processing circuitry is configured to transmit the third signal using the transmitter based on an updated elevation angle of the communication node being at or above the initial elevation angle (paragraphs 0139-0140, “…when the NACK feedback is received from the receiving terminals, the groupcast transmitting terminal may increase the transmission power and simultaneously switch to another beam to retransmit the data.”)
Regarding claim 7, Lee et al in view of Nitta discloses the apparatus of claim 5. Lee et al discloses wherein the parameter comprises the transmission power at which the first signal is transmitted, the increased transmission power at which the second signal is transmitted, or both, and the processing circuitry is configured to transmit the third signal at the transmission power or the increased transmission power using the transmitter (paragraphs 0139-0140 and 0144-0145).
Regarding claim 21, claim 21 is similar in scope to the claim 1 and thus the rejection to claim 1 hereinabove is also applicable to claim 21.
Regarding claim 22, and as applied to the claim 21 above, claim 22 is similar in scope to the claim 3 and thus the rejection to claim 3 hereinabove is also applicable to claim 22.
Regarding claim 28, claim 28 is similar in scope to the claim 1 and thus the rejection to claim 1 hereinabove is also applicable to claim 28.
Regarding claim 34, and as applied to the claim 21, claim 34 is similar in scope to the claim 3 and thus the rejection to claim 3 hereinabove is also applicable to claim 34.
Regarding claim 36, and as applied to the claim 21, claim 36 is similar in scope to the claim 5 and thus the rejection to claim 5 hereinabove is also applicable to claim 36.
Regarding claim 37, and as applied to the claim 36, claim 37 is similar in scope to the claim 6 and thus the rejection to claim 6 hereinabove is also applicable to claim 37.
Regarding claim 38, and as applied to the claim 36, claim 38 is similar in scope to the claim 7 and thus the rejection to claim7 hereinabove is also applicable to claim 38.
Regarding claim 39, and as applied to the claim 28, claim 39 is similar in scope to the claim 3 and thus the rejection to claim 3 hereinabove is also applicable to claim 39.
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 35 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 40 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FATUMA G SHERIF whose telephone number is (571)270-7189. The examiner can normally be reached 10am - 6pm.
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/FATUMA G SHERIF/ Examiner, Art Unit 2649
/YUWEN PAN/ Supervisory Patent Examiner, Art Unit 2649
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