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 .
Response to Arguments
Applicant's arguments filed December 18, 2025 have been fully considered but they are not persuasive.
RE claims 1 and 19, In response to applicant's arguments against the references individually, one cannot show non-obviousness 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).
In this case, Applicants focus on Jiang argue “However, the lines of Jiang relied upon only at best disclose evaluating the at least one signal to determine or measure a quality level of the at least one signal. It is unclear as to whether this equates to the network parameter, the cellular parameter, or the second energy parameter. It is noted that Jiang describes the quality level as being an RSSI value, an SINR value, a NACK value, or other signal quality value, which most correspond to the cellular parameter, as described in paragraph [0030] of the present application. This is further supported by the Office's allegation for claim 17 that Jiang discloses the cellular parameter includes one or more of: a signal strength, a signal to noise ratio, a bit error rate, a timing advance and a size of data to be transmitted.”, and “As the cellular parameter and network parameter are not synonymous, nor do the two parameters utilize the same metrics, Jiang disclosing using RSSI does not mean Jiang discloses both a cellular parameter and a network parameter.”.
Examiner respectfully finds this argument unpersuasive. The independent claims as currently presented define the “cellular parameter” and the “network parameter” merely by function. These functions are not on their face mutually exclusive and merely reciting them separately doesn’t not necessarily require they be considered to not “utilize the same metrics”. These parameters are not explicitly defined until dependent claims 16 and 17 and even so, because of the dependency of both on claim 1, there is still not an establishes clear boundary between the two. In Song, downlink signal power is disclosed as an assessment of the quality between the wireless device and the network prior to transmission to determine and initial power level. Jiang then teaches this measurement and others to further determine a transmission quality and determine an adjusted power level based on that. Thus, at least one same metric can be utilized for both uses and thereby satisfy the claim. Examiner relied to separate but related prior art to establish this and such a combination reads on the claim as currently presented. That Examiner cited Jiang for claim 17 is merely showing a teaching that at least RSSI is a known quality measurement of a signal be that a “cellular” or “network” measurement. Examiner has no doubt that Applicants have a differing interpretation of the claims, however it should be noted that specific details and limitations cannot be gleaned and imported by the Examiner into the specification. Per MPEP 2111.01 (II), such details must be explicitly claimed.
For these reasons, Examiner maintains all prior art rejections at this time. The rejection of claim 12 under 35 USC 112(b) is hereby withdrawn in light of the amended claims.
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.
Claims 1-2, 4, 6-9 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2013/0035084, Song hereafter, cited on IDS filed May 24, 2023) in view of Jiang et al. (WO 2021/133551, cited on IDS filed May 24, 2023).
RE claims 1 and 19, Song discloses a wireless device and method performed by a wireless device comprising memory circuitry, processor circuitry, and a wireless interface, wherein the wireless device is configured to: - obtain a cellular parameter indicative of cellular channel quality (Paragraph 32 and Figure 5 discloses” The mobile wireless device 102 can measure a downlink signal power level received from the radio access subsystem 106.”) ; - determine, based on the cellular parameter, a first energy parameter indicative of an amount of energy required for performing a communication of data (Paragraph 32 and Figure 5: “In conjunction with system information provided by the radio access subsystem 106, the mobile wireless device 102 can calculate an initial transmit power level to use for the RACH preamble 504. “); and - transmit the data (Figure 5 and Paragraphs 32-35, the RACH preamble is transmitted and repeated with ramping power level. Data is then transmitted at the power level that successfully elicits an ACK from the AP).
Song does not explicitly disclose the device is further configured to: -obtain a network parameter indicative of a network condition in which the transmission of the data occurred; - determine, based on the cellular parameter and the network parameter, a second energy parameter; - and upon an update parameter meeting a criterion, the update parameter being based on the second energy parameter, update the first energy parameter based on the second energy parameter and the cellular parameter.
However, Jiang teaches to: -obtain a network parameter indicative of a network condition in which the transmission of the data occurred; - determine, based on the cellular parameter and the network parameter, a second energy parameter (Page 25, lines 4-22, teaches a communication device configured for transmitting a signal to a remote device, the remote device determines a quality level of at least one signal transmitted by the communication device to the remote device and transmits a message to the communication device indicative of the quality level of the at least one signal. The quality level may be an RSSI value, SINR value, NACK value or any other signal quality value); - and upon an update parameter meeting a criterion, the update parameter being based on the second energy parameter, update the first energy parameter based on the second energy parameter and the cellular parameter (Page 25 line 28 through page 26 line 19 teaches that the communication device adjust the transmit power level of the wireless interface based on the comparison where the quality of transmitted signals is compared to a threshold, or based on a signal strength, battery level, signal interference network congestion information or a distance between the communication device and remote device. Furthermore, if a signal strength, RSSI, of a signal is above a particular value, the communication device may decrease the transmit power level).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment.
RE claim 2, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Song further discloses wherein the wireless device is configured to:- determine, based on the cellular parameter, the first energy parameter using a first model that provides a correlation between the cellular parameter and an energy measurement measured by a power analyser (Paragraph 32 and Figure 5: “In conjunction with system information provided by the radio access subsystem 106, the mobile wireless device 102 can calculate an initial transmit power level to use for the RACH preamble 504. “. Figure 5 and Paragraphs 32-35 further disclose, the RACH preamble is transmitted and repeated with ramping power level. Data is then transmitted at the power level that successfully elicits an ACK from the AP).
RE claim 4, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Jiang further teaches wherein the wireless device is configured to:- determine, based on the cellular parameter and the network parameter, the second energy parameter using a second model that provides a correlation of the cellular parameter and the network parameter with an energy measurement measured by a power analyser (Page 25 line 28 through page 26 line 19 teaches that the communication device adjust the transmit power level of the wireless interface based on the comparison where the quality of transmitted signals is compared to a threshold, or based on a signal strength, battery level, signal interference network congestion information or a distance between the communication device and remote device. Furthermore, if a signal strength, RSSI, of a signal is above a particular value, the communication device may decrease the transmit power level. Paragraph 23 further teaches the use of a machine learning model for power control).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment.
RE claim 6, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Jiang further teaches wherein the wireless device is configured to determine whether the update parameter meets the criterion (Page 25 line 28 through page 26 line 19 teaches that the communication device adjust the transmit power level of the wireless interface based on the comparison where the quality of transmitted signals is compared to a threshold, or based on a signal strength, battery level, signal interference network congestion information or a distance between the communication device and remote device. Furthermore, if a signal strength, RSSI, of a signal is above a particular value, the communication device may decrease the transmit power level).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment.
RE claim 7, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Jiang further teaches wherein the update parameter comprises the second energy parameter (Page 25 line 28 through page 26 line 19 teaches that the communication device adjust the transmit power level of the wireless interface based on the comparison where the quality of transmitted signals is compared to a threshold, or based on a signal strength, battery level, signal interference network congestion information or a distance between the communication device and remote device. Furthermore, if a signal strength, RSSI, of a signal is above a particular value, the communication device may decrease the transmit power level).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment.
RE claim 8, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Jiang further teaches wherein the update parameter comprises a difference between the first energy parameter and the second energy parameter (Page 25 line 28 through page 26 line 19 teaches that the communication device adjust the transmit power level of the wireless interface based on the comparison where the quality of transmitted signals is compared to a threshold, or based on a signal strength, battery level, signal interference network congestion information or a distance between the communication device and remote device. Furthermore, if a signal strength, RSSI, of a signal is above a particular value, the communication device may decrease the transmit power level).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment.
RE claim 9, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Jiang further teaches wherein the criterion is based on a threshold (Page 25 line 28 through page 26 line 19 teaches that the communication device adjust the transmit power level of the wireless interface based on the comparison where the quality of transmitted signals is compared to a threshold, or based on a signal strength, battery level, signal interference network congestion information or a distance between the communication device and remote device. Furthermore, if a signal strength, RSSI, of a signal is above a particular value, the communication device may decrease the transmit power level).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment.
RE claim 13, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Jiang further teaches wherein the update parameter comprises a number of data sets for an update for an environment (Page 23 teaches use of a machine learning model taking multiple data inputs, such as sensor input data as well as signal strength indicator data to determine when to trigger an increase in transmission power.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment.
RE claim 14, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Jiang further teaches wherein the update parameter meets the criterion when the number of data sets is equal to or greater than a minimum number of data sets and equal to or less than a maximum number of data sets. (Page 23 teaches use of a machine learning model taking multiple data inputs, such as sensor input data as well as signal strength indicator data to determine when to trigger an increase in transmission power.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment.
RE claim 15, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Song further discloses wherein the wireless device is configured to transmit, upon the first energy parameter meeting a condition, the data (Figure 5 and Paragraphs 32-35, the RACH preamble is transmitted and repeated with ramping power level. Data is then transmitted at the power level that successfully elicits an ACK from the AP).
RE claim 16, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Jiang further discloses wherein the cellular parameter includes one or more of: a signal strength, a signal to noise ratio, a bit error rate, a timing advance and a size of data to be transmitted (Page 23, RSSI).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment
RE claim 17, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Jiang further teaches wherein the at least one network parameter comprises one or more of: a duration of transmission of the data, a number of retransmissions of the data, a throughput parameter and an uplink quality of transmission of the data (Page 23, RSSI).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment
RE claim 18, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Song further discloses wherein the first energy parameter, the second energy parameter, or both the first energy parameter and the second energy parameter comprise a plurality of energy levels (Figure 5 and Paragraphs 32-35, the RACH preamble is transmitted and repeated with ramping power level. Data is then transmitted at the power level that successfully elicits an ACK from the AP).
RE claim 20, Song in view of Jiang discloses the wireless device according to claim 1 as set forth above. Note that Song further discloses wherein the cellular parameter comprises one or more of: a signal strength (Paragraph 32 and Figure 5 discloses” The mobile wireless device 102 can measure a downlink signal power level received from the radio access subsystem 106.”), a signal to noise ratio, a bit error rate, a timing advance, and a size of data to be transmitted.
Song does not explicitly disclose wherein the network parameter comprises one or more of: a duration of transmission of the data, a number of retransmissions of the data, a throughput parameter, an uplink quality of transmission of the data, a number of transport blocks (TBs) received with cyclic redundancy check (CRC) error, and a transmitting or receiving Modulation and Coding Scheme (MCS) parameter.
However, Jiang teaches wherein the network parameter comprises one or more of: a duration of transmission of the data, a number of retransmissions of the data, a throughput parameter, an uplink quality of transmission of the data (Page 25 line 28 through page 26 line 19 teaches that the communication device adjust the transmit power level of the wireless interface based on the comparison where the quality of transmitted signals is compared to a threshold, or based on a signal strength, battery level, signal interference network congestion information or a distance between the communication device and remote device. Furthermore, if a signal strength, RSSI, of a signal is above a particular value, the communication device may decrease the transmit power level), a number of transport blocks (TBs) received with cyclic redundancy check (CRC) error, and a transmitting or receiving Modulation and Coding Scheme (MCS) parameter
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device and method of Song with the teachings of Jiang in order to provide for improved transmit power control of a wireless device through more adaptive adjustment.
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Jiang and further in view of Lyon et al (US 2019/0281476, Lyon hereafter).
RE claim 3, Song in view of Jiang discloses the wireless device according to claim 2 as set forth above. Song in view of Jiang does not explicitly disclose wherein the first model is one or more of: a feed forward neural network, a support vector machine and a random forest.
However, Lyon teaches wherein the first model is one or more of: a feed forward neural network, a support vector machine, and a random forest (Paragraph 42 teaches, with respect to troubleshooting a network, “The machine learning model 210 can be a neural network (e.g., a feed-forward neural network or a recurrent neural network), a random forest, a support vector machine, a linear regression model, a nearest-neighbor model, or any other appropriate machine learning model (or combination of machine learning models).”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device of Song in view of Jiang with the teachings of Lyon since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement. Jiang teaches use of machine learning but is silent on a specific model. Lyon teaches that all the claimed models are known in the art for network analysis.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 5, Song in view of Jiang discloses the wireless device according to claim 4 as set forth above. Song in view of Jiang does not explicitly disclose wherein the second model is one or more of: a feed forward neural network, a support vector machine, and a random forest.
However, Lyon teaches wherein the second model is one or more of: a feed forward neural network, a support vector machine, and a random forest (Paragraph 42 teaches, with respect to troubleshooting a network, “The machine learning model 210 can be a neural network (e.g., a feed-forward neural network or a recurrent neural network), a random forest, a support vector machine, a linear regression model, a nearest-neighbor model, or any other appropriate machine learning model (or combination of machine learning models).”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device of Song in view of Jiang with the teachings of Lyon since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement. Jiang teaches use of machine learning but is silent on a specific model. Lyon teaches that all the claimed models are known in the art for network analysis.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Jiang and further in view of Andersson et al. (US 6,334,047, Andersson hereafter).
RE claim 10, Song in view of Jiang discloses the wireless device according to claim 4 as set forth above. Song in view of Jiang does not explicitly disclose wherein the criterion is based on a first threshold, and wherein the update parameter meets the criterion when the difference between the first energy parameter and the second energy parameter is greater than the first threshold.
However, Andersson teaches wherein the criterion is based on a first threshold, and wherein the update parameter meets the criterion when the difference between the first energy parameter and the second energy parameter is greater than the first threshold (Column 5, lines 42-57, “The value of a signal parameter detected from a signal received by the radio transceiver is compared with a desired signal parameter value, and a difference is determined. A transmit power control command is sent to the radio transceiver and may instruct, for example, an increase or decrease in the level of radio transmit power. Associated with the transmit power control command is a power control indicator indicating which type of power control adjustment should be used by the radio transceiver depending upon the determined difference.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device of Song in view of Jiang with the teachings of Andersson since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Song in view of Jiang and further in view of Kfir et al (US 2010/0131999, Kfir hereafter).
RE claim 11, Song in view of Jiang discloses the wireless device according to claim 4 as set forth above. Song in view of Jiang does not explicitly disclose wherein the update parameter comprises a confidence score of the second energy parameter (Paragraph 28, “ receiving a request to change the transmit power levels for one or more individual transmit channels, calculating a confidence level for performing a self-configuration of the amplifier within a particular time period and self-configuring the gain of the amplifier to optimize transmit output power of the channels if the confidence level exceeds a threshold.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device of Song in view of Jiang with the teachings of Kfir since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
RE claim 12, Song in view of Jiang and further in view of Kfir discloses the wireless device according to claim 11 as set forth above. Note that Kfir further teaches wherein the criterion is based on a second, and wherein the update parameter meets the criterion when the confidence score of the second energy parameter is greater than the second threshold (Paragraph 28, “ receiving a request to change the transmit power levels for one or more individual transmit channels, calculating a confidence level for performing a self-configuration of the amplifier within a particular time period and self-configuring the gain of the amplifier to optimize transmit output power of the channels if the confidence level exceeds a threshold.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the wireless device of Song in view of Jiang with the teachings of Kfir since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
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.
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/James P Duffy/ Primary Examiner, Art Unit 2461
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