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 .
Priority
This application is claiming the benefit of prior-filed application No. PCT/JP2020/043825 filed 11-25-20 under 35 U.S.C. 119(e), 120, 121, 365(c), or 386(c).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5-11-23. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without “a control unit 32-Fig.3 includes a division control unit 320 and a first priority control unit 322 and controls the frequency division unit 34 and the duplication unit 36 based on signals input from the base station device 20 and the radio communication unit 38”{U.S. Patent Application Publication of this instant application (U.S.2024/0022269 A1): ¶0049}; “The division control unit 320 acquires information including, for example, Ch usage information output from the base station device 20, priority information of a packet, and free space information of a radio communication path. The division control unit 320 acquires an environmental condition of the radio communication path, a usage status of the radio communication path by another system, and the like based on the information received by the radio communication unit 38. Then, based on the acquired information, the division control unit 320 determines a division block width and the number of frequencies to be subjected to frequency division by the frequency division unit 34 and an allocation position on a frequency axis, and outputs control information for controlling the number of band divisions, a band block width, and the like to the frequency division unit 34. The division control unit 320 also outputs the acquired information and control information for the frequency division unit 34 to the first priority control unit 322”{U.S. Patent Application Publication of this instant application (U.S.2024/0022269 A1): ¶0050}; “The first priority control unit 322 controls the duplication unit 36 such that one or more band blocks including priority packets within a predetermined frequency band are duplicated by the duplication unit 36 based on the information input from the division control unit 320. The first priority control unit 322 outputs the control information output from the division control unit 320 to the frequency division unit 34 to the radio communication unit 38 as transmission control information” {U.S. Patent Application Publication of this instant application (U.S.2024/0022269 A1): ¶0051}; “the first priority control unit 322 performs control such that the radio communication unit 38 transmits the frequency band information indicating the frequency band of each of the signals of the plurality of frequency bands divided by the frequency division unit 34 and the duplicated frequency band information indicating the frequency band of the signal of another frequency band duplicated by the duplication unit 36 in a band different from the other signals in the band of the signal converted by the first frequency conversion unit 30” {U.S. Patent Application Publication of this instant application (U.S.2024/0022269 A1): ¶0052}; “Based on the control of the division control unit 320, the frequency division unit 34 divides the signal of which a frequency is converted by the first frequency conversion unit 30 into signals of a plurality of frequency bands and outputs the signals to the duplication unit 36” {U.S. Patent Application Publication of this instant application (U.S.2024/0022269 A1): ¶0053}; and “The duplication unit 36 specifies signals of one or more frequency bands (the divided blocks) having high priorities among the signals of the plurality of frequency bands divided by the frequency division unit 34 under the control of the first priority control unit 322, and duplicates the divided blocks as signals of other frequency bands. Then, the duplication unit 36 outputs the signals of the plurality of frequency bands input from the frequency division unit 34 and the duplicated divided blocks to the radio communication unit 38” {U.S. Patent Application Publication of this instant application (U.S.2024/0022269 A1): ¶0055}, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976). In other words, the claimed frequency division unit 34-Fig.3 and duplication unit 36-Fig.3 require a control unit 32-Fig.3 and its functionalities comprising division control unit 320-Fig.3, first priority control unit 322-Fig.3 and theirs functionalities.
-Dependent Claims 2, 4 & 6 are also rejected in virtue of their dependencies on the independent claims 1, 3 & 5, respectively.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-2 & 5-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are:
The claimed frequency division unit 34-Fig.3 and duplication unit 36-Fig.3 require a control unit 32-Fig.3 and its functionalities comprising division control unit 320-Fig.3, first priority control unit 322-Fig.3 and theirs functionalities., {U.S. Patent Application Publication of this instant application (U.S.2024/0022269 A1): ¶0049-¶0055}.
-Dependent Claims 2 & 6 are also rejected in virtue of their dependencies on the independent claims 1, 3 & 5, respectively.
Claims 3-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential steps, such omission amounting to a gap between the steps. See MPEP § 2172.01. The omitted steps are:
The claimed frequency division step of the frequency division unit 34-Fig.3 and duplication step of the duplication unit 36-Fig.3 require the functionalities of a control unit 32-Fig.3 comprising division control unit 320-Fig.3, first priority control unit 322-Fig.3, and theirs functionalities {U.S. Patent Application Publication of this instant application (U.S.2024/0022269 A1): ¶0049-¶0055}.
-Dependent Claim 4 is also rejected in virtue of their dependencies on the independent claims 1, 3 & 5, respectively.
Allowable Subject Matter
Claims 1, 3 & 5 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(a, b & f) or 35 U.S.C. 112 (pre-AIA ), 1st, 2nd & 6th paragraphs, set forth in this Office action.
Claims 2, 4 & 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kawasaki (US 2012/0207195 A1) discloses that a signal generation unit 107 and a first set value processing unit 7100 are included in a preceding stage of a transmission path connection unit 108 at a transmission side, and a signal generation unit 207 and a second set value processing unit 7200 are included in a subsequent stage of a transmission path connection unit 208 at a receiving side. The signal generation unit 107 or the signal generation unit 207 performs prescribed signal processing based on a set value. The first set value processing unit 7100 inputs a set value, that has been prescribed for the signal generation unit 107, to the signal generation unit 107, and the second set value processing unit 7200 inputs a set value, that has been prescribed for the signal generation unit 207, to the signal generation unit 207. Since the set value is not dynamically changed according to an environment change, or the like, simplification of a parameter operation circuit or reduction of power consumption is realized, and the parameter operation circuit does not unnecessarily operate even when it is used under the state without environment change {Figs.1-36}.
Kim (US 20030064679 A1) discloses that an apparatus for transmitting and receiving an MPEG data using a wireless LAN includes a first satellite broadcast receiver, a first data controller, a first radio data transceiver, a second radio transceiver, a second data controller and a second satellite broadcast receiver. The first radio data transceiver converts a satellite broadcast signal inputted from the first data controller and transmits it to the second radio transceiver. The second data controller controls a transmission path of the satellite broadcast signal according to determining whether the satellite broadcast signal has been encoded. The second satellite broadcast receiver decodes the satellite broadcast signal inputted from the second data controller to reproduce a moving picture or a voice {Figs.1-3, 10}.
Singh (US 20090316609 A1) discloses that a system comprises a first unit and a second unit communicatively coupled to the first unit. The first unit is operable to receive a first original radio frequency signal and the second unit is operable to receive a second original radio frequency signal. The first and second original radio frequency signals are originally transmitted on a radio frequency channel using time division duplexing. The first unit communicates a control signal to the second unit, the first unit generating the control signal based at least in part on detecting when the first original radio frequency signal is being received at the first unit. The second unit uses the control signal to determine when to output a first reproduced radio frequency signal in accordance with the time division duplexing used to originally transmit the first and second original radio frequency signals on the radio frequency channel. The first reproduced radio frequency signal is derived from the first original radio frequency signal {Figs.1-7}.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONGCHAU BA NGUYEN whose telephone number is (571) 272-3148. The examiner can normally be reached Monday-Thursday 7:30 AM -5:30 PM.
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/PHUONGCHAU BA NGUYEN/Primary Examiner, Art Unit 2464