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 .
Priority
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. See MPEP §§ 215 and 216.
Failure to provide a certified translation may result in no benefit being accorded for the non-English application. In particular, the Examiner is unable to find subject matter support in the following foreign application(s): EP22217413.8.
With regard to foreign application, EP22217413.8, the Examiner is unable to locate foreign application, EP22217413.8 and suitable English translation of the document ,and the foreign application, EP22217413.8 and An English translation of the foreign application, EP22217413.8 are required to obtain the priority date associated with said application number.
Thus, the current benefit date of the application is the filing Date 02/12/2023
because the application with the filing Date 02/12/2023, provides adequate support or enablement for the subject matter of the claims.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
Claim Objections
-Claims 1-6 are objected to because of the following informalities:
-In claim 1 stated “providing at least two scanners (101-103) configured to receive wireless network signal and to determine an angle of arrival of the signal”,
Applicant should write the limitation without the number inside parentheses, for example, “providing at least two scanners configured to receive wireless network signal and to determine an angle of arrival of the signal”.
-The same rational is applied to all limitations in the claims.
Appropriate corrections are required.
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 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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bull et al US 2012/0032854 Al
Regarding claim 1, Bull et al US 2012/0032854 Al discloses a method for identifying an interferer in a wireless network [0025]- [0026] methods and systems for detecting, classifying and locating radio frequency (RF) emitters in a wide area wireless communications network , where A Wide Area Sensor Network (WASN) is disclosed that utilizes wideband software defined radios (SDRs)(i.e., scanners) to monitor the airwaves over a wide frequency range, detect when critical frequencies are being jammed or otherwise interfered with, and locate the source of the interference so that the interference can be eliminated), the method comprising:
- providing at least two scanners (101-103) configured to receive wireless network signal and to determine an angle of arrival of the signal; [0048] A WASN may be comprised of a variable number of SDRs (i.e., scanners), wherein [0013] The SDRs of the WASN possess multichannel phase and frequency coherent circuitry, permitting the use of phase interferometric antenna arrays to be used to determine the angle-of-arrival (AoA) of RF signals ,wherein[0009] SDR utilizes a direction finding antenna array to determine the AoA of incident RF energy,
- providing a controller (110) configured to communicate with the scanners (101- 103) [0013] The SDRs of the WASN possess multichannel phase and frequency coherent circuitry, permitting the use of phase interferometric antenna arrays to be used to determine the angle-of-arrival (AoA) of RF signals and providing (i.e. communicate) AoA information to the system controller/central processor, wherein the controller (110) comprises mapping data (112) indicating the location of the scanners (101-103) and a user interface (113)(fig. 1 and [0046] A Wide Area Sensor Network (WASN) may be a passive receiving system with the capability to detect and locate jamming and interference to critical wireless signals over a wide frequency band and large geographic area. An exemplary WASN is illustrated in FIG. 1. The WASN is
comprised of a network of software defined radios (SDRs)102(i.e., scanners), a system controller/central processor 105, a database 106 (i.e., mapping data (112)) is a component of the system and connected to the controller/central processor 105 as well as one or more user interface terminals 107 (i.e., a user interface (113)). The WASN may utilize the database 106 for storage of allowed transmitter characteristics and for archiving the results of various campaigns. The database 106 may also be used for map storage with multiple layers of geographic, topographic, radio modeling, and place name information),
- requesting (301) at least one of the scanners (101-103) to perform a scan of the wireless network channels to detect a channel that is highly utilized; [0052]discloses the system controller/central processor commands the SDR to perform specific functions such as signal detection, signal characterization, and signal classification, wherein [0025] A Wide Area Sensor Network (WASN) is disclosed that utilizes wideband software defined radios (SDRs)( i.e., scanners) to provide a capability to monitor the airwaves over a wide frequency range, detect when critical frequencies are being jammed or otherwise interfered with, and locate the source of the interference so that the interference can be eliminated
- requesting (302) at least two of the scanners (101-103) to detect the angle of arrival of the signal in the highly utilized channel to the particular scanner (101-103) [0052]discloses the system controller/central processor commands the SDR to perform specific functions such as signal detection, signal characterization, and signal classification ,where [0025] A Wide Area Sensor Network (WASN) is disclosed that utilizes wideband software defined radios (SDRs)( i.e., scanners) to provide a capability to monitor the airwaves over a wide frequency range, detect when critical frequencies are being jammed or otherwise interfered with, and locate the source of the interference so that the interference can be eliminated ,wherein[0013] The SDRs of the WASN possess multichannel phase and frequency coherent circuitry, permitting the use of phase interferometric antenna arrays to be used to determine the angle-of-arrival (AoA) of RF signals and providing (i.e. communicate) AoA information to the system controller/central processor, - determining (303) a location of a source of the signal in the highly utilized channel based on the mapping data (112) and at least two angles of arrival of the signal to particular scanners (101-103) (Interference Detection [0053]- [0063] discloses the synchronous Wide Area Sensor Network (WASN) may provide the capability to monitor critical frequency
channels for interference over a wide area, detect when interference occurs, characterize the interference and locate its source. An exemplary process for monitoring critical frequency channels for interference, detecting interference and locating interference with the WASN, wherein Locate the interference utilizing TDOA if the signal possesses sufficient bandwidth, utilize AoA if the signal does not possess sufficient bandwidth and AoA antenna arrays are available at the required SDRs, or utilize PDOA and Store the results in a database for future retrieval), and
- presenting (305) the location of the source of the signal via the user interface (113) [0106] The Interference Detection and Location application utilizes the capability of the WASN to monitor user defined critical bands, channels and frequencies to detect the
presence of unauthorized signals which will be defined as "interference." Apriori characteristics of authorized signals are utilized to assist in detecting interference. Once detected, the location of the interference is determined. The results of Interference Detection and Location campaigns are stored to the database and/or displayed on the user interface. Regarding claim 3, Bull et al US 2012/0032854 Al discloses all features with respect to claim 1.
Bull further discloses wherein a channel that is highly utilized is the channel that contains data not complaint with a standard data structure of the wireless network standard. [0106] The Interference Detection and Location application utilizes the capability of the WASN to monitor user defined critical bands, channels and frequencies to detect the presence of unauthorized signals which will be defined as "interference." Apriori characteristics of authorized signals are utilized to assist in detecting interference. Once detected, the location of the interference is determined. The results of Interference Detection and Location campaigns are stored to the database and/or displayed on the user interface.
Regarding claim 4, Bull et al US 2012/0032854 Al discloses all features with respect to claim 1.
Bull further discloses wherein a channel that is highly utilized is searched among channels that are not used by devices known to the controller (110) [0065] The WASN may be used to detect, characterize and locate signals over the wide area it is deployed. This capability permits the survey and catalog of all signals over the frequency range of the SDRs. The WASN may survey and catalog legitimate signals to assure their characteristics are within required specifications. A database of legitimate signals can be compared to the results of the WASN to identify potential illegitimate signals such as unauthorized FM radio stations and video signals. The signal detection capability of the WASN may provide a map of where unlicensed "white space" transmitters may be located as well as the transmit power that a user can emit that would not interfere with legitimate digital TV signals.
Regarding claim 5, Bull et al US 2012/0032854 Al discloses all features with respect to claim 1.
Bull further discloses wherein the mapping data (112) further comprises a plan of a facility wherein the scanners (101-103) are installed [0133] In FIG. 9a, an example use of the WASN is depicted. In this example, sensor receivers 901 902 903 are distributed over a geographic area served by a wireless communications or broadcast system )and
presenting (305) the location of the source of the signal via the user interface (113) includes presenting the location on the map of the facility [0133] In FIG. 9a, an example use of the WASN is depicted. In this example, sensor receivers 901 902 903 are distributed over a geographic area served by a wireless communications or broadcast system. At disparate times, interfering signals 904 905 906 are detected and located. FIG. 9b depicts a resulting user interface display. On the map display 907, the sources of the aperiodic interfering signals 904 905 906 are displayed geographically 908 909 910. The time and duration of the interference is displayed on the time bar display 911with interfering events 904 905 906 shown graphically as 912 913 914. The spectral bar 915 displays the distribution of power over frequency for event 904. The compass rose 916 is grayed out, showing that no heading is available for event 904. The speed indicator 917 indicates a speed of zero which, together with the compass rose, indicates that event 904 was stationary over the time duration 912. Regarding claim 6, Bull et al US 2012/0032854 Al discloses all features with respect to claims 1
Bull further discloses A system for determining an interferer in a wireless network, the system comprising a controller (110) and at least two scanners (101-103) configured to operate according to the method of claim 1. [0046] A Wide Area Sensor Network (WASN) may be a
passive receiving system with the capability to detect and locate jamming and interference to critical wireless signals over a wide frequency band and large geographic area. An
exemplary WASN is illustrated in FIG. 1. The WASN is comprised of a network of software defined radios (SDRs) 102 capable of a wide instantaneous bandwidth, a system
controller/central processor 105 and a backhaul communications network 103 interconnecting the system controller/central processor 105 with the SDRs 102. Additionally, a database 106 may be a component of the system and connected to
the controller/central processor 105 as well as one or more user interface terminals 107. The WASN may utilize the database 106 for storage of allowed transmitter characteristics and for archiving the results of various campaigns. The database 106 may also be used for map storage with multiple layers of geographic, topographic, radio modeling, and place name information.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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. Claim 2 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Bull et al US 2012/0032854 Al in view of Tanaka et al. US20090135972A1.
Regarding claim 2, Bull et al US 2012/0032854 Al discloses all features with respect to claim 1.
While Bull discloses Spectral Utilization [0110] The Spectral Utilization application monitors the transmissions from detected signals over a significant length of time to determine the percentage of time that RF energy is being transmitted, which provides a percentage occupancy metric.
Bull does not disclose wherein a channel that is highly utilized is the channel that is occupied for a period longer than a predetermined threshold.
Tanaka et al. US20090135972A1 discloses wherein a channel that is highly utilized is the channel that is occupied for a period longer than a predetermined threshold [0747] There is considered as a method of preferentially storing as the deterioration factor interfering signal the characterizing quantity of the interfering signal from an interfering station, which occupies a time longer than a threshold value within a certain period as the channel occupancy ratio
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Bull, by including wherein a channel that is highly utilized is the channel that is occupied for a period longer than a predetermined threshold, as taught by Tanaka, in order to determine the channel occupancy ratio (see Tanaka [0747]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDELTIF AJID whose telephone number is (571)272-7749. The examiner can normally be reached 9 am -5 pm.
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, Joseph Avellino can be reached at (571)272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ABDELTIF AJID/ Primary Examiner, Art Unit 2478