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 .
Claims 1-12, 14-15 and 18-20 have been examined.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1-2, 4-6, 8-10, 12, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAMPEL et al. (US 2019/0289492) in view of Maltsev et al. (US 2017/0180028) in view of Kakishima et al. (US 2020/0169365) in view of IURA (US 2017/0288910).
- In reference to claim 1
HAMPEL et al. teaches a method, comprising:
receiving, by a backhaul device (e.g. relay node 102-c, Fig. 1; par. 0035, 0037, 0044), downlink data from a donor node (e.g. base station 102-a Fig. 1; par. 0035, 0045); sending, by the backhaul device, the downlink data to a terminal device (e.g. UE 104, Fig. 1 par. 0037). (see Fig. 1 and Fig. 6, relay node 102-c receives downlink data from donor node 102-a via backhaul channels 1 or 2 and sends the downlink data to UE 104 via access channels 3 or 4, par. 0035, 0037, 0044, 0062-0068)
receiving, by the backhaul device, uplink data from the terminal device; and
sending, by the backhaul device, the uplink data to the donor node, (see Fig. 1 and Fig. 6, relay node 102-c receives uplink data from UE 104 via access channels 3 or 4 and sends the downlink data to donor node 102-a via backhaul channels 1 or 2, par. 0035, 0037, 0044, 0062-0068) wherein
the backhaul device comprises a backhaul module (e.g. Fig 8. components associated with backhaul channels 1 and 2 for communicating with a donor node; par. 0044, 0063, 0077, 0080) and an access module (e.g. Fig 8. components associated with access channels 3 and 4 for communicating with a UE; par. 0044, 0063, 0077, 0080)
the sending, by a backhaul device, uplink data to the donor node comprises: sending, by the backhaul module, the uplink data to the donor node by using a backhaul beam (e.g. sending by relay node 102-c the uplink data to base station 102-a by using the backhaul beam between base station 102-a and relay node 102-c; par. 0035, 0037, 0044-0045, 0062-0068);
the sending, by the backhaul device, the downlink data to a terminal device comprises: sending, by the access module, the downlink data to the terminal device by using a traffic beam (e.g. sending the downlink data from relay node-c by using the beam between relay node 102-c and UE 104; par. 0035, 0037, 0044-0045, 0062-0068).
HAMPEL et al. does not teach the backhaul beam is in a different direction from the traffic beam.
Maltsev et al. teaches a backhaul beam is in a different direction from a traffic beam (e.g. backhaul beam and access beam in different directions; see Fig. 4, par. 0118-0120).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the backhaul beam and the traffic beam of HAMPEL et al. to be in different directions as suggested by Maltsev et al. because it would provide for beamforming for a backhaul beam directed at a backhaul device and a traffic beam directed at a terminal device when the backhaul device and terminal device are located at different directions relative to each other and the backhaul device in order to facilitate communication reception at each device and mitigate interference between beams.
The combination of HAMPEL et al. and Maltsev et al. does not teach the backhaul beam and the traffic beam are implemented through digital-analog hybrid beamforming.
Kakishima et al. teaches implementing a beam using digital-analog hybrid beamforming (par. 0002).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the backhaul beam and the traffic beam of the combination of HAMPEL et al. and Maltsev et al. to be implemented through digital-analog hybrid beamforming as suggested by Kakishima et al. because it would provide improved signal quality compared to analog beamforming and a reduced cost and energy-efficiency compared to a digital system for communications on the backhaul beam between the backhaul device and donor node and communications on the traffic beam between the backhaul device and terminal device.
The combination of HAMPEL et al., Maltsev et al. and Kakishima does not teach multiplying digital channels by a weighted amplitude phase.
IURA teaches multiplying digital channels by a weighted amplitude phase (par. 0029-0030).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the different beam directions of the combination of HAMPEL et al., Maltsev et al., and Kakishima to include multiplying digital channels by a weighted amplitude phase as suggested by IURA because it would provide for formation of each beam in a particular direction.
- In reference to claim 2
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim. HAMPEL et al. further teaches wherein the receiving, by the backhaul device, the downlink data from a donor node comprises: sending, by the backhaul module, the downlink data to the access module (par. 0035, 0037, 0044, 0062-0068).
- In reference to claim 4
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim. HAMPEL et al. further teaches wherein the backhaul device comprises an antenna (e.g. antenna, Fig. 8 par. 0080); and the access module and the backhaul module share the antenna for the receiving from the donor node and the sending to the terminal device the downlink data (e.g. As shown in Fig. 8, access module and backhaul module share the antenna, par. 0077,0079,0080, 0084-0085).
- In reference to claim 5
HAMPEL et al. teaches a non-transitory computer-readable storage medium (e.g. computer readable media; par. 0092) storing instruction, the instructions executed by a processor to cause the processor to perform, comprising:
receiving, by a backhaul device (e.g. relay node 102-c, Fig. 1; par. 0035, 0037, 0044), downlink data from a donor node (e.g. base station 102-a Fig. 1; par. 0035, 0045); sending, by the backhaul device, the downlink data to a terminal device (e.g. UE 104, Fig. 1 par. 0037). (see Fig. 1 and Fig. 6, relay node 102-c receives downlink data from donor node 102-a via backhaul channels 1 or 2 and sends the downlink data to UE 104 via access channels 3 or 4, par. 0035, 0037, 0044, 0062-0068)
receiving, by the backhaul device, uplink data from the terminal device; and
sending, by the backhaul device, the uplink data to the donor node, (see Fig. 1 and Fig. 6, relay node 102-c receives uplink data from UE 104 via access channels 3 or 4 and sends the downlink data to donor node 102-a via backhaul channels 1 or 2, par. 0035, 0037, 0044, 0062-0068) wherein
the backhaul device comprises a backhaul module (e.g. Fig 8. components associated with backhaul channels 1 and 2 for communicating with a donor node; par. 0044, 0063, 0077, 0080) and an access module (e.g. Fig 8. components associated with access channels 3 and 4 for communicating with a UE; par. 0044, 0063, 0077, 0080)
the sending, by a backhaul device, uplink data to the donor node comprises: sending, by the backhaul module, the uplink data to the donor node by using a backhaul beam (e.g. sending by relay node 102-c the uplink data to base station 102-a by using the backhaul beam between base station 102-a and relay node 102-c; par. 0035, 0037, 0044-0045, 0062-0068);
the sending, by the backhaul device, the downlink data to a terminal device comprises: sending, by the access module, the downlink data to the terminal device by using a traffic beam (e.g. sending the downlink data from relay node-c by using the beam between relay node 102-c and UE 104; par. 0035, 0037, 0044-0045, 0062-0068).
HAMPEL et al. does not teach the backhaul beam is in a different direction from the traffic beam.
Maltsev et al. teaches a backhaul beam is in a different direction from a traffic beam (e.g. backhaul beam and access beam in different directions; see Fig. 4, par. 0118-0120).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the backhaul beam and the traffic beam of HAMPEL et al. to be in different directions as suggested by Maltsev et al. because it would provide for beamforming for a backhaul beam directed at a backhaul device and a traffic beam directed at a terminal device when the backhaul device and terminal device are located at different directions relative to each other and the backhaul device in order to facilitate communication reception at each device and mitigate interference between beams.
The combination of HAMPEL et al. and Maltsev et al. does not teach the different beam directions being implemented through digital-analog hybrid beamforming comprising multiplying digital channels by a weighted amplitude phase.
teaches the different beam directions being implemented through digital-analog hybrid beamforming comprising multiplying digital channels by a weighted amplitude phase.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the different beam directions of the combination of HAMPEL et al. and Maltsev et al. to be implemented through digital-analog hybrid beamforming comprising multiplying digital channels by a weighted amplitude phase.
- In reference to claim 6
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim. HAMPEL et al. further teaches the receiving, by a backhaul device, the uplink data from a terminal device comprises: and sending, by the access module, the uplink data to the backhaul module (par. 0035, 0037, 0044, 0062-0068).
- In reference to claim 8
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim. HAMPEL et al. further teaches wherein the backhaul device comprises an antenna (e.g. antenna, Fig. 8 par. 0080); and the access module and the backhaul module share the antenna for the receiving from the terminal device and the sending to the donor node the uplink data. (e.g. As shown in Fig. 8, access module and backhaul module share the baseband, intermediate radio frequency, and antenna, par. 0077,0079,0080, 0084-0085).
- In reference to claim 9
HAMPEL et al. teaches a backhaul device (e.g. relay node 102-c, Fig. 1; par. 0035, 0037, 0044), comprising a processor (e.g. processor 812, Fig 8, par. 0076) and a memory (e.g. memory 816, Fig 8, par. 0076), wherein when the processor execute a program stored in the memory, the processor performs:
receiving downlink data from a donor node (e.g. base station 102-a Fig. 1; par. 0035, 0045) and sending the downlink data to a terminal device. (e.g. UE 104, Fig. 1 par. 0037). (see Fig. 1 and Fig. 6, relay node 102-c receives downlink data from donor node 102-a via backhaul channels 1 or 2 and sends the downlink data to UE 104 via access channels 3 or 4, par. 0035, 0037, 0044, 0062-0068)
receiving uplink data from the terminal device; and sending the uplink data to the donor node, (see Fig. 1 and Fig. 6, relay node 102-c receives uplink data from UE 104 via access channels 3 or 4 and sends the downlink data to donor node 102-a via backhaul channels 1 or 2, par. 0035, 0037, 0044, 0062-0068) wherein
the backhaul device comprises a backhaul module (e.g. Fig 8. components associated with backhaul channels 1 and 2 for communicating with a donor node; par. 0044, 0063, 0077, 0080) and an access module (e.g. Fig 8. components associated with access channels 3 and 4 for communicating with a UE; par. 0044, 0063, 0077, 0080)
the sending uplink data to the donor node comprises: sending, by the backhaul module, the uplink data to the donor node by using a backhaul beam (e.g. sending by relay node 102-c the uplink data to base station 102-a by using the backhaul beam between base station 102-a and relay node 102-c; par. 0035, 0037, 0044-0045, 0062-0068);
the sending the downlink data to a terminal device comprises: sending, by the access module, the downlink data to the terminal device by using a traffic beam (e.g. sending the downlink data from relay node-c by using the beam between relay node 102-c and UE 104; par. 0035, 0037, 0044-0045, 0062-0068).
HAMPEL et al. does not teach the backhaul beam is in a different direction from the traffic beam.
Maltsev et al. teaches a backhaul beam is in a different direction from a traffic beam (e.g. backhaul beam and access beam in different directions; see Fig. 4, par. 0118-0120).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the backhaul beam and the traffic beam of HAMPEL et al. to be in different directions as suggested by Maltsev et al. because it would provide for beamforming for a backhaul beam directed at a backhaul device and a traffic beam directed at a terminal device when the backhaul device and terminal device are located at different directions relative to each other and the backhaul device in order to facilitate communication reception at each device and mitigate interference between beams.
The combination of HAMPEL et al. and Maltsev et al. does not teach the backhaul beam and the traffic beam are implemented through digital-analog hybrid beamforming.
Kakishima et al. teaches implementing a beam using digital-analog hybrid beamforming (par. 0002).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the backhaul beam and the traffic beam of the combination of HAMPEL et al. and Maltsev et al. to be implemented through digital-analog hybrid beamforming as suggested by Kakishima et al. because it would provide improved signal quality compared to analog beamforming and a reduced cost and energy-efficiency compared to a digital system for communications on the backhaul beam between the backhaul device and donor node and communications on the traffic beam between the backhaul device and terminal device.
The combination of HAMPEL et al., Maltsev et al. and Kakishima does not teach multiplying digital channels by a weighted amplitude phase.
IURA teaches multiplying digital channels by a weighted amplitude phase (par. 0029-0030).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the different beam directions of the combination of HAMPEL et al., Maltsev et al., and Kakishima to include multiplying digital channels by a weighted amplitude phase as suggested by IURA because it would provide for formation of each beam in a particular direction.
- In reference to claim 10
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim. teaches a system and method that covers substantially all limitations of the parent claim. HAMPEL et al. further teaches the backhaul module is configured to send the downlink data to the access module (par. 0035, 0037, 0044, 0062-0068).
- In reference to claim 12
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim. teaches a system and method that covers substantially all limitations of the parent claim. HAMPEL et al. further teaches wherein the backhaul device comprises an antenna (e.g. antenna, Fig. 8 par. 0080); and the access module and the backhaul module share the antenna (e.g. As shown in Fig. 8, access module and backhaul module share the antenna, par. 0077,0079,0080, 0084-0085).
- In reference to claim 14
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim. HAMPEL et al. further teaches wherein
the access module is further configured to receive the uplink data from the terminal device (par. 0035, 0037, 0044, 0062-0068); and
the access module is configured to send the uplink data to the backhaul module (par. 0035, 0037, 0044, 0062-0068).
- In reference to claim 15
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim. HAMPEL et al. further teaches wherein the access module and the backhaul module is connected through an internal channel (e.g. buses 844, par. 0076, Fig. 8) for transmitting the uplink data and the downlink data between the access module (e.g. Fig 8. components associated with access channels 3 and 4 for communicating with a UE; par. 0044, 0063, 0077, 0080) and the backhaul module (e.g. Fig 8. components associated with backhaul channels 1 and 2 for communicating with a donor node; par. 0044, 0063, 0077, 0080).
Claim(s) 3, 7, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAMPEL et al. (US 2019/0289492) in view of Maltsev et al. (US 2017/0180028) in view of Kakishima et al. (US 2020/0169365) in view of IURA (US 2017/0288910), and further in view of Shanmugam et al. (US 10524261).
- In reference to claim 3, 7, 11
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim.
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches does not teach the backhaul beam and the traffic beam are non-overlapping beams.
Shanmugam et al. teaches a backhaul beam and a traffic beam that are non-overlapping beams (col. 8 lines 14-16)
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the backhaul beam and the traffic beam of the combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches to be non-overlapping beams as suggested by Shanmugam et al. because it would mitigate interference between communications on the backhaul beam between the backhaul device and donor node and communications on the traffic beam between the backhaul device and terminal device.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAMPEL et al. (US 2019/0289492) in view of Maltsev et al. (US 2017/0180028) in view of Kakishima et al. (US 2020/0169365) in view of IURA (US 2017/0288910), as applied to the parent claim, and further in view of Wen et al. (US 2009/0122910).
- In reference to claims 18-20
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA teaches a system and method that covers substantially all limitations of the parent claim.
The combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA does not teach the backhaul device comprises an intermediate radio frequency unit and the access module and the backhaul module share the intermediate radio frequency unit, wherein intermediate radio frequency unit comprises at least one filter wherein intermediate radio frequency unit further comprises a low noise amplifier.
Wen et al. teaches a shared intermediate radio frequency unit (e.g. see Fig. 4 intermediate RF unit; par. 0060), wherein intermediate radio frequency unit comprises at least one filter (e.g. see filters of Fig. 4) wherein intermediate radio frequency unit further comprises a low noise amplifier (e.g. see LNAs of Fig. 4).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the backhaul device of the combination of HAMPEL et al., Maltsev et al., Kakishima, and IURA to include an intermediate radio frequency unit shared by the access module and the backhaul module share the intermediate radio frequency unit, wherein intermediate radio frequency unit comprises at least one filter wherein intermediate radio frequency unit further comprises a low noise amplifier as suggested by Wen et al. because it would reduce cost for the backhaul device and provide for the filtering and amplifying of signals to provide for processing of the signals in order to facilitate communications between the devices.
Response to Arguments
Applicant's arguments filed 11/14/2025 have been fully considered but they are not persuasive.
On page 7-8 of the Remarks with respect to the independent claims, the applicant states “In the NFOA, the Examiner asserts that "The combination of HAMPEL et al., Maltsev et al. and Kakishima does not teach multiplying digital channels by a weighted amplitude phase."NFOA page 5. However, the Examiner asserts that this is taught by Iura [0029]-[0030]. Id. The Applicant respectfully disagrees. Iura does not teach multiplying digital channels by a weighted amplitude phase, instead teaching an analog sub-array 9 of FIG. 2 (reproduced below) that processes an analog beam via a variable amplifier 7 and variable phase shifter 8. See Iura [0029],"The sub-array 9 is an analog-beam formation circuit that forms an analogy beam by setting the variable amplifier 7 and the variable phase shifter 8 to a specific amplitude phase ."FIG.2 Because Iura teaches processing analog signals it cannot teach "multiplying digital channels by a weighted amplitude phase" as recited in the independent claims. Therefore, the Applicant respectfully requests withdrawal of the 35 U.S.C. § 103 rejections of independent claims 1, 5 and 9, withdrawal of the 35 U.S.C. § 103 rejections of the dependent claims at least because they depend on the independent claims, and issuance of a Notice of Allowance in this application.”
The Examiner respectfully disagrees. Iura teaches digital channels between DA conversion units 4 and digital signal processing unit 6A as shown in Fig. 2 and as described in paragraph 0029. These digital channels are multiplied by weighted amplitude phase by variable amplifiers 7 and variable phase shifters 8 as shown in Fig. 2 and as described in paragraph 0029. Consequently, Iura teaches “multiplying digital channels by a weighted amplitude phase” and the rejection is maintained.
Amending the claim language to specify that the multiplying is in the digital domain would overcome Iura and the current rejection. However, US 2016/0344463 Fig. 6-7 (par. 0073-0091) teaches hybrid beam forming with digital precoding. The baseband precoder in Fig. 6 uses a weight matrix in the digital domain for digital beam forming.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
US 2016/0344463 Fig. 6-7 (par. 0073-0091)
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 BRIAN S ROBERTS whose telephone number is (571)272-3095. The examiner can normally be reached M to F, 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at (571) 272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIAN S. ROBERTS
Primary Examiner
Art Unit 2466
/BRIAN S ROBERTS/Primary Examiner, Art Unit 2466
Prosecution Insights