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 .
Election/Restrictions
Applicant's election with traverse of Group I in the reply filed on 12/08/2025 is acknowledged. The traversal is on the ground(s) that there is one inventive concept. This is not found persuasive because the generic claims merely identify the problem and do not provide a solution [as also pointed out in the internation search report]. Applicant then goes on to claim different ways of both detection and compensation for detecting the radar, all of which require separate search and consideration. Merely stating “performing at least one action” does not identify any actual solution and is at best generic. [Claims 1 and 15 are generic]
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (US 2015/0092703 A1).
1, Xu discloses a method performed by a network node in a terrestrial network, the method comprising: detecting, within a spectrum associated with the terrestrial network, a priority radar signal that is not a part of the terrestrial network (signals are only allowed when either radar is strong enough or there is a clear channel, meaning radar is given priority); and based on detecting the priority radar signal, performing at least one action to mitigate a mutual impact of the terrestrial network and the priority radar signal on each other. [0090, Listen Before Talk is used is carried out to prevent interference, unlicensed spectrum us is prevented until the channel is clear]
2, Xu discloses the method of Claim 1, wherein detecting the priority radar signal that is not a part of the terrestrial network comprises at least one of: receiving, from a wireless device, information indicating a presence of the priority radar signal; and receiving, from another network node, information indicating the presence of the priority radar signal. [0090]
13, Xu discloses the method of Claim 1, wherein the network node comprises a base station. [0090, eNB/base station]
15, Xu discloses a method performed by a wireless device in a terrestrial network, the method comprising: obtaining information indicating a presence within a spectrum associated with the terrestrial network of at least one priority radar signal that is not a part of the terrestrial network; and based on the information indicating the presence of the at least one priority radar signal, performing at least one action to mitigate a mutual impact of the terrestrial network and the at least one priority radar signal. [0090, Listen Before Talk is used is carried out to prevent interference, unlicensed spectrum us is prevented until the channel is clear]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
See the attached PTO-892 for further state of art references related to radar detection and spectrum sharing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEWIS G WEST whose telephone number is (571)272-7859. The examiner can normally be reached Monday-Friday, 8:00-4:00.
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/LEWIS G WEST/ Primary Examiner, Art Unit 2699
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