Prosecution Insights
Last updated: October 02, 2026
Application No. 18/209,302

MANAGEMENT OF ANTENNA EIRP

Final Rejection §103§112
Filed
Jun 13, 2023
Examiner
OLALEYE, OLADIRAN GIDEON
Art Unit
2472
Tech Center
2400 — Computer Networks
Assignee
Microsoft Technology Licensing, LLC
OA Round
4 (Final)
75%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
95 granted / 127 resolved
+16.8% vs TC avg
Strong +15% interview lift
Without
With
+15.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
57 currently pending
Career history
179
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
66.5%
+26.5% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
9.3%
-30.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 127 resolved cases

Office Action

§103 §112
DETAILED ACTION This office action is a response to an amendment filed on 09/03/2026. Response to Amendment The Amendment filed on 09/03/2026 has been entered. Claims 1-20 are pending Claims 1, 8, 13, 15 and 19 are amended Claims 1-20 remain rejected. Claim Rejections - 35 USC § 112 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 35 U.S.C. 112 (pre-AIA ), first paragraph: 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 1-20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 (and similarly in claim 8 and 15), recites the limitation, “…maintaining the time-averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP based on causing the instantaneous input power of the first power amplifier input signal to be adjusted to the adjusted value”. However, no part of the incumbent application maintains an EIRP based on causing an instantaneous input power to be adjusted and hence, the amended limitation has no support in the specification. Therefore, the limitation is new matter. Dependent claims (2-7, 9-14 and 16-20) not addressed above are rejected under the same rational as the parent claim due to a failure to resolve the deficiencies of the parent claim discussed above. Claim Rejections - 35 USC § 112 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 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 1 (and similarly in claims 8 and 15), recites the broad recitation, “…maintaining the time-averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP based on causing the instantaneous input power of the first power amplifier input signal to be adjusted to the adjusted value,” and the claim also recites, “…using the tracked time-averaged EIRP to determine, for a second part of the time window, an adjusted value for the instantaneous input power that is less than the threshold EIRP, the adjusted value being determined to maintain the time- averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP.” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature (i.e. determining the adjusted value) introduced by such narrower language is (a) merely exemplary of the remainder of the claim (i.e. maintaining the time-averaged EIRP), and therefore not required, or (b) a required feature of the claims. On the other hand, Para. [0019] of the instant specification recites, “…Controller 180 manages the EIRP by controlling the input power to the power amplifier such that the average (i.e., time-averaged) EIRP of antenna 161 during a particular time window does not exceed a determined threshold.” Hence, for examination purposes the broad limitation, “…maintaining the time-averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP based on causing the instantaneous input power of the first power amplifier input signal to be adjusted to the adjusted value,” has been construed to mean managing the time-averaged EIRP by controlling the input power. The office respectfully requests the applicant to amend the claim in order to clarify the claimed invention. Dependent claims (2-7, 9-14 and 16-20) not addressed above are rejected under the same rational as the parent claim due to a failure to resolve the deficiencies of the parent claim discussed above. 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 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 of this title, 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 1-5, 8-12 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan et al. (US 20180115282 A1), hereinafter referenced as Thyagarajan, in view of Sun et al. (US 20210251002 A1), hereinafter referenced as Sun. Regarding claims 1 and 8 Thyagarajan teaches an apparatus, comprising: a mobile device (Fig. 1, Para. [0008]-Thyagarajan discloses power amplifier architecture with a six antenna array system. Para. [0029]-Thyagarajan discloses a method of choosing the antenna elements carefully to minimize side-lobes in the antenna pattern at back-off power levels ... depending on the array size, certain configurations preserve the original antenna pattern for a larger range of output power levels. The pattern can also be preserved or modified by incorporating reconfigurable gain and phase elements in the transmit path. Fig. 17, Para. [0050]-Thyagarajan discloses approach that utilizes the full antenna array aperture ..., using back-end processing, two beams are transmitted from the antenna array. Para. [0003]-Thyagarajan discloses Power amplifiers are critical blocks in wireless communication systems. The efficiency of a transceiver is determined primarily by the performance of the power amplifier), including: a first antenna that is arranged to provide a first antenna output signal from a first antenna input signal (Fig. 1, Para. [0008]-Thyagarajan discloses architecture with a six antenna array system. Para. [0004]-Thyagarajan discloses multi element antenna array system, ... increased number of elements in a massive multiple-input and multiple-output (MIMO) system. Para. [0052]-Thyagarajan discloses the input signal to be detected has a high SNR, lower number of antenna elements are used. Fig. 2, Para. [0009]-Thyagarajan discloses six antenna array system 200 with an output power contribution), a first gain is associated with the first antenna (Fig. 10, Para. [0041]-Thyagarajan discloses the phase and gain coefficients in each antenna element can be changed to compensate the change in antenna pattern), and an effective isotropically radiated power (EIRP) is associated with the first antenna output signal (Para. [0028]-Thyagarajan discloses each amplifier contributes to the effective output power radiated by the antenna array. Para. [0033]-Thyagarajan discloses in a switching pixel power amplifier architecture, the output power is continuous. For example, in a six antenna array system, if P.sub.elem=8 mW 9 dBm), the switching pattern and the EIRP is given. (See also Para, [0032])); a first power amplifier that is arranged to provide the first antenna input signal from a first power amplifier input signal (Fig. 13, Para. [0044]-Thyagarajan discloses two PAs 1302 are turned off and the output power from the four PAs are combined together and then redistributed again to the antennas. Fig. 11, Para. [0042]-Thyagarajan discloses power amplifier architecture ... consists of six PA {PPower Amplifier} elements 1100 driving six antennas 1110 with a phase shifter per element 1108. The instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104); and a threshold EIRP represents a limit for the time-averaged EIRP for the time window (Fig. 3, Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier ... The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0003]-Thyagarajan disclose in order to preserve the fidelity of the transmitted signal, the power amplifier must operate at an average power level that is significantly lower than the peak achievable power (typically 10 dB back-off). As used herein, back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Operating at a back-off power level results in efficiency degradation at the expense of better linearity. Hence, an efficient power amplifier or transmitter architecture would be one that boosts efficiency at back-off power levels without compromising linearity); causing an instantaneous input power of the first power amplifier input signal to increase to a value that is greater than the threshold EIRP during a first part of the time window based at least in part on the first gain (Fig. 3, Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier ... The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0036]-Thyagarajan discloses PA elements need to transmit a signal that has a high PAPR ... for any given instantaneous output power, all the PA elements except one operate at their peak power level. Para. [0003]-Thyagarajan discloses a signal waveform that has a high peak to average power ratio (PAPR) ... back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Para. [0048]-Thyagarajan discloses power control can also be performed in a dynamic manner using the instantaneous output power (instead of average output power). In this case, the digital logic in the switching pixel power amplifier architecture tracks the instantaneous power at the transmitter output and turns on and off pixels as a function of this power level); and using the tracked time-averaged EIRP to determine, for a second part of the time window, an adjusted value for the instantaneous input power that is less than the threshold EIRP, the adjusted value being determined to maintain the time- averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP (Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0003]-Thyagarajan disclose in order to preserve the fidelity of the transmitted signal, the power amplifier must operate at an average power level that is significantly lower than the peak achievable power (typically 10 dB back-off). As used herein, back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Operating at a back-off power level results in efficiency degradation at the expense of better linearity. Hence, an efficient power amplifier or transmitter architecture would be one that boosts efficiency at back-off power levels without compromising linearity. Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier is shown in FIG. 3. The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Today's communication systems utilize complex modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR). In order to amplify this signal preserving its fidelity, the PA must operate at a significant back-off {significantly low} from its peak power level (typically 10 dB). Para. [0027]-Thyagarajan discloses architecture that is frequency agnostic and encompasses the entire frequencies range (from the low kilohertz to Terahertz frequencies). Para. [0032]-Thyagarajan discloses designs involve implementation at radio frequencies (RF), local oscillator (LO) and intermediate frequencies (IF). Fig. 11, Para. [0042]-Thyagarajan discloses instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104. One embodiment of the digital logic 1104 implements the operations of FIG. 4. Depending on the input power level, the digital logic 1104 turns on the required number of PAs to achieve the required EIRP level. Para. [0048]-Thyagarajan discloses the power control can also be performed in a dynamic manner using the instantaneous output power (instead of average output power). Claim [14]-Thyagarajan discloses to implement a dynamic power back-off in which power amplifiers of the array of power amplifiers are turned on and off based on the power signal. Fig. 2, Para. [0033]-Thyagarajan discloses the EIRP is reduced by decreasing the output power of all the PA elements ... power levels are achieved by turning ON PA elements one at a time); causing the instantaneous input power of the first power amplifier input signal to be adjusted during the second part of the time window to the adjusted value (Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0003]-Thyagarajan disclose in order to preserve the fidelity of the transmitted signal, the power amplifier must operate at an average power level that is significantly lower than the peak achievable power (typically 10 dB back-off). As used herein, back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Operating at a back-off power level results in efficiency degradation at the expense of better linearity. Hence, an efficient power amplifier or transmitter architecture would be one that boosts efficiency at back-off power levels without compromising linearity. Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier is shown in FIG. 3. The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Today's communication systems utilize complex modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR). In order to amplify this signal preserving its fidelity, the PA must operate at a significant back-off {significantly low} from its peak power level (typically 10 dB)); and maintaining the time-averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP based on causing the instantaneous input power of the first power amplifier input signal to be adjusted to the adjusted value (Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0003]-Thyagarajan disclose in order to preserve the fidelity of the transmitted signal, the power amplifier must operate at an average power level that is significantly lower than the peak achievable power (typically 10 dB back-off). As used herein, back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Operating at a back-off power level results in efficiency degradation at the expense of better linearity. Hence, an efficient power amplifier or transmitter architecture would be one that boosts efficiency at back-off power levels without compromising linearity. Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier is shown in FIG. 3. The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Today's communication systems utilize complex modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR). In order to amplify this signal preserving its fidelity, the PA must operate at a significant back-off {significantly low} from its peak power level (typically 10 dB). Para. [0027]-Thyagarajan discloses architecture that is frequency agnostic and encompasses the entire frequencies range (from the low kilohertz to Terahertz frequencies). Para. [0032]-Thyagarajan discloses designs involve implementation at radio frequencies (RF), local oscillator (LO) and intermediate frequencies (IF). Fig. 11, Para. [0042]-Thyagarajan discloses instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104. One embodiment of the digital logic 1104 implements the operations of FIG. 4. Depending on the input power level, the digital logic 1104 turns on the required number of PAs to achieve the required EIRP level. Para. [0048]-Thyagarajan discloses the power control can also be performed in a dynamic manner using the instantaneous output power (instead of average output power). Claim [14]-Thyagarajan discloses to implement a dynamic power back-off in which power amplifiers of the array of power amplifiers are turned on and off based on the power signal. Fig. 2, Para. [0033]-Thyagarajan discloses the EIRP is reduced by decreasing the output power of all the PA elements ... power levels are achieved by turning ON PA elements one at a time). Thyagarajan fails to explicitly teach a controller that is arranged to adjust an input power of the first power amplifier input signal by: tracking, over a time window, a time-averaged EIRP for the EIRP associated with the first antenna output signal. However, Sun teaches teach a controller that is arranged to adjust an input power of the first power amplifier input signal by: tracking, over a time window, a time-averaged EIRP for the EIRP associated with the first antenna output signal (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response), causing an instantaneous input power of the first power amplifier input signal to increase to a value that is greater than the threshold EIRP during a first part of the time window based at least in part on the first gain (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response); using the tracked time-averaged EIRP to determine, for a second part of the time window, an adjusted value for the instantaneous input power that is less than the threshold EIRP, the adjusted value being determined to maintain the time- averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response); and maintaining the time-averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP based on causing the instantaneous input power of the first power amplifier input signal to be adjusted to the adjusted value (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response). Thyagarajan and Sun are both considered to be analogous to the claimed invention because they are in the same field of wireless communication systems, dealing with communication medium access. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Thyagarajan to incorporate the teachings of Sun on EIRP, with a motivation to track time-averaged EIRP, and guarantee efficient power amplifier or transmitter architecture that boosts efficiency at back-off power levels without compromising linearity, (Thyagarajan, Para. [0005]). Regarding claim 15 Thyagarajan teaches a non-transitory processor-readable storage medium, having stored thereon processor- executable code that, upon execution by at least one processor, enables actions (Fig. 1, Para. [0008]-Thyagarajan discloses power amplifier architecture with a six antenna array system. Para. [0029]-Thyagarajan discloses a method of choosing the antenna elements carefully to minimize side-lobes in the antenna pattern at back-off power levels ... depending on the array size, certain configurations preserve the original antenna pattern for a larger range of output power levels. The pattern can also be preserved or modified by incorporating reconfigurable gain and phase elements in the transmit path. Fig. 17, Para. [0050]-Thyagarajan discloses approach that utilizes the full antenna array aperture ..., using back-end processing, two beams are transmitted from the antenna array. Para. [0003]-Thyagarajan discloses Power amplifiers are critical blocks in wireless communication systems. The efficiency of a transceiver is determined primarily by the performance of the power amplifier), comprising: a threshold EIRP represents a limit for the time-averaged EIRP for the time window (Fig. 3, Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier ... The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0003]-Thyagarajan disclose in order to preserve the fidelity of the transmitted signal, the power amplifier must operate at an average power level that is significantly lower than the peak achievable power (typically 10 dB back-off). As used herein, back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Operating at a back-off power level results in efficiency degradation at the expense of better linearity. Hence, an efficient power amplifier or transmitter architecture would be one that boosts efficiency at back-off power levels without compromising linearity); a first power amplifier is arranged to provide a first transmitter input signal from a first power amplifier input signal (Fig. 13, Para. [0044]-Thyagarajan discloses two PAs 1302 are turned off and the output power from the four PAs are combined together and then redistributed again to the antennas. Fig. 11, Para. [0042]-Thyagarajan discloses power amplifier architecture ... consists of six PA {PPower Amplifier} elements 1100 driving six antennas 1110 with a phase shifter per element 1108. The instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104); a first transmitter of a mobile device is arranged to provide the first transmitter output signal from the first transmitter input signal (Fig. 1, Para. [0008]-Thyagarajan discloses architecture with a six antenna array system. Para. [0004]-Thyagarajan discloses multi element antenna array system, ... increased number of elements in a massive multiple-input and multiple-output (MIMO) system. Para. [0052]-Thyagarajan discloses the input signal to be detected has a high SNR, lower number of antenna elements are used. Fig. 2, Para. [0009]-Thyagarajan discloses six antenna array system 200 with an output power contribution); a first gain is associated with the first transmitter (Fig. 10, Para. [0041]-Thyagarajan discloses the phase and gain coefficients in each antenna element can be changed to compensate the change in antenna pattern); and an EIRP is associated with the first transmitter output signal (Para. [0028]-Thyagarajan discloses each amplifier contributes to the effective output power radiated by the antenna array. Para. [0033]-Thyagarajan discloses in a switching pixel power amplifier architecture, the output power is continuous. For example, in a six antenna array system, if P.sub.elem=8 mW 9 dBm), the switching pattern and the EIRP is given. (See also Para, [0032])); causing an instantaneous input power of the first power amplifier input signal to increase to a value that is greater than the threshold EIRP during a first part of the time window based at least in part on the first gain (Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0036]-Thyagarajan discloses PA elements need to transmit a signal that has a high PAPR ... for any given instantaneous output power, all the PA elements except one operate at their peak power level. Para. [0003]-Thyagarajan discloses a signal waveform that has a high peak to average power ratio (PAPR) ... back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Para. [0048]-Thyagarajan discloses power control can also be performed in a dynamic manner using the instantaneous output power (instead of average output power). In this case, the digital logic in the switching pixel power amplifier architecture tracks the instantaneous power at the transmitter output and turns on and off pixels as a function of this power level), using the tracked time-averaged EIRP to determine, for a second part of the time window, an adjusted value for the instantaneous input power that is less than the threshold EIRP, the adjusted value being determined to maintain the time-averaged EIRP associated with the first transmitter output signal for the time window below the threshold EIRP (Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0003]-Thyagarajan disclose in order to preserve the fidelity of the transmitted signal, the power amplifier must operate at an average power level that is significantly lower than the peak achievable power (typically 10 dB back-off). As used herein, back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Operating at a back-off power level results in efficiency degradation at the expense of better linearity. Hence, an efficient power amplifier or transmitter architecture would be one that boosts efficiency at back-off power levels without compromising linearity. Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier is shown in FIG. 3. The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Today's communication systems utilize complex modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR). In order to amplify this signal preserving its fidelity, the PA must operate at a significant back-off {significantly low} from its peak power level (typically 10 dB). Para. [0027]-Thyagarajan discloses architecture that is frequency agnostic and encompasses the entire frequencies range (from the low kilohertz to Terahertz frequencies). Para. [0032]-Thyagarajan discloses designs involve implementation at radio frequencies (RF), local oscillator (LO) and intermediate frequencies (IF). Fig. 11, Para. [0042]-Thyagarajan discloses instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104. One embodiment of the digital logic 1104 implements the operations of FIG. 4. Depending on the input power level, the digital logic 1104 turns on the required number of PAs to achieve the required EIRP level. Para. [0048]-Thyagarajan discloses the power control can also be performed in a dynamic manner using the instantaneous output power (instead of average output power). Claim [14]-Thyagarajan discloses to implement a dynamic power back-off in which power amplifiers of the array of power amplifiers are turned on and off based on the power signal. Fig. 2, Para. [0033]-Thyagarajan discloses the EIRP is reduced by decreasing the output power of all the PA elements ... power levels are achieved by turning ON PA elements one at a time); causing the instantaneous input power of the first power amplifier input signal to be adjusted during the second part of the time window to the adjusted value (Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0003]-Thyagarajan disclose in order to preserve the fidelity of the transmitted signal, the power amplifier must operate at an average power level that is significantly lower than the peak achievable power (typically 10 dB back-off). As used herein, back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Operating at a back-off power level results in efficiency degradation at the expense of better linearity. Hence, an efficient power amplifier or transmitter architecture would be one that boosts efficiency at back-off power levels without compromising linearity. Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier is shown in FIG. 3. The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Today's communication systems utilize complex modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR). In order to amplify this signal preserving its fidelity, the PA must operate at a significant back-off {significantly low} from its peak power level (typically 10 dB)); and maintaining the time-averaged EIRP associated with the first transmitter output signal for the time window below the threshold EIRP based on causing the instantaneous input power of the first power amplifier input signal to be adjusted to the adjusted value (Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0003]-Thyagarajan disclose in order to preserve the fidelity of the transmitted signal, the power amplifier must operate at an average power level that is significantly lower than the peak achievable power (typically 10 dB back-off). As used herein, back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Operating at a back-off power level results in efficiency degradation at the expense of better linearity. Hence, an efficient power amplifier or transmitter architecture would be one that boosts efficiency at back-off power levels without compromising linearity. Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier is shown in FIG. 3. The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Today's communication systems utilize complex modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR). In order to amplify this signal preserving its fidelity, the PA must operate at a significant back-off {significantly low} from its peak power level (typically 10 dB). Para. [0027]-Thyagarajan discloses architecture that is frequency agnostic and encompasses the entire frequencies range (from the low kilohertz to Terahertz frequencies). Para. [0032]-Thyagarajan discloses designs involve implementation at radio frequencies (RF), local oscillator (LO) and intermediate frequencies (IF). Fig. 11, Para. [0042]-Thyagarajan discloses instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104. One embodiment of the digital logic 1104 implements the operations of FIG. 4. Depending on the input power level, the digital logic 1104 turns on the required number of PAs to achieve the required EIRP level. Para. [0048]-Thyagarajan discloses the power control can also be performed in a dynamic manner using the instantaneous output power (instead of average output power). Claim [14]-Thyagarajan discloses to implement a dynamic power back-off in which power amplifiers of the array of power amplifiers are turned on and off based on the power signal. Fig. 2, Para. [0033]-Thyagarajan discloses the EIRP is reduced by decreasing the output power of all the PA elements ... power levels are achieved by turning ON PA elements one at a time). Thyagarajan fails to explicitly teach tracking, over a time window, a time-averaged effective isotropically radiated power (EIRP) associated with a first transmitter output signal. However, Sun teaches teach tracking, over a time window, a time-averaged effective isotropically radiated power (EIRP) associated with a first transmitter output signal (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response), causing an instantaneous input power of the first power amplifier input signal to increase to a value that is greater than the threshold EIRP during a first part of the time window based at least in part on the first gain (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response); using the tracked time-averaged EIRP to determine, for a second part of the time window, an adjusted value for the instantaneous input power that is less than the threshold EIRP, the adjusted value being determined to maintain the time-averaged EIRP associated with the first transmitter output signal for the time window below the threshold EIRP (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response); and maintaining the time-averaged EIRP associated with the first transmitter output signal for the time window below the threshold EIRP based on causing the instantaneous input power of the first power amplifier input signal to be adjusted to the adjusted value (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response). Thyagarajan and Sun are both considered to be analogous to the claimed invention because they are in the same field of wireless communication systems, dealing with communication medium access. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Thyagarajan to incorporate the teachings of Sun on EIRP, with a motivation to track time-averaged EIRP, and guarantee efficient power amplifier or transmitter architecture that boosts efficiency at back-off power levels without compromising linearity, (Thyagarajan, Para. [0005]). Regarding claims 2 and 10 and 16, Thyagarajan in view of Sun teaches the apparatus of claim 1 and the method of claim 8 and the processor-readable storage medium of claim 15 respectively, Thyagarajan further teaches the controller is further arranged to determine a transmission problem based on one or more channel conditions associated with the first antenna output signal, and in response to the determined transmission problem, adjust the input power of the first power amplifier (Para. [0003]-Thyagarajan discloses in the design of efficient power amplifiers. Modern day communication systems utilize higher order complex modulation schemes to maximize the capacity of the channel. This results in a signal waveform that has a high peak to average power ratio (PAPR). Para. [0035-0036]-Thyagarajan discloses modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR) ... for any given instantaneous output power, all the PA elements except one operate at their peak power level and one PA element changes its output power based on the input signal. Fig. 11, Para. [0042]-Thyagarajan discloses switching pixel power amplifier architecture ... consists of six PA elements 1100 driving six antennas 1110 with a phase shifter per element 1108 ... The instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104 ... Depending on the input power level, the digital logic 1104 turns on the required number of PAs to achieve the required EIRP level). Regarding claims 3 and 11 and 17, Thyagarajan in view of Sun teaches the apparatus of claim 1 and the method of claim 8 and the processor-readable storage medium of claim 15 respectively, Thyagarajan further teaches the controller is further arranged to determine poor throughput that is associated with the first antenna output signal, and in response to the determined poor throughput, adjust the input power of the first power amplifier (Para. [0051]-Thyagarajan discloses for a MIMO system ... a digital mapper is a block that can automatically decide the array configuration and the waveform constellation by estimating the distance of each user from the base station. This allows one to choose the best configuration (with highest throughput) for the communication link. Para. [0033]-Thyagarajan discloses the PA {Power Amplifier} drives a single antenna or an antenna array and the output power changes in steps (in a digital manner). However, in a switching pixel power amplifier architecture, multiple unit elements drive multiple antennas (usually one element per antenna). Para. [0003]-Thyagarajan discloses in the design of efficient power amplifiers. Modern day communication systems utilize higher order complex modulation schemes to maximize the capacity of the channel. This results in a signal waveform that has a high peak to average power ratio (PAPR). Para. [0035-0036]-Thyagarajan discloses modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR) ... for any given instantaneous output power, all the PA elements except one operate at their peak power level and one PA element changes its output power based on the input signal. Fig. 11, Para. [0042]-Thyagarajan discloses switching pixel power amplifier architecture ... consists of six PA elements 1100 driving six antennas 1110 with a phase shifter per element 1108 ... The instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104 ... Depending on the input power level, the digital logic 1104 turns on the required number of PAs to achieve the required EIRP level). Regarding claims 4 and 12 and 18, Thyagarajan in view of Sun teaches the apparatus of claim 1 and the method of claim 8 and the processor-readable storage medium of claim 15 respectively, Thyagarajan further teaches the controller is further arranged to determine how much to cause the instantaneous input power of the first power amplifier to be increased above the threshold EIRP based, at least in part, on information that is associated with a direction of transmission and information that is associated with gain in the direction of transmission (Fig. 11, Para. [0042]-Thyagarajan discloses switching pixel power amplifier architecture ... consists of six PA elements 1100 driving six antennas 1110 with a phase {direction} shifter per element 1108 ... The instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104 ... Depending on the input power level, the digital logic 1104 turns on the required number of PAs to achieve the required EIRP level. Para. [0051]-Thyagarajan discloses for a MIMO system ... a digital mapper is a block that can automatically decide the array configuration and the waveform constellation by estimating the distance of each user from the base station. This allows one to choose the best configuration (with highest throughput) for the communication link. Para. [0033]-Thyagarajan discloses the PA {Power Amplifier} drives a single antenna or an antenna array and the output power changes in steps (in a digital manner). However, in a switching pixel power amplifier architecture, multiple unit elements drive multiple antennas (usually one element per antenna). Para. [0003]-Thyagarajan discloses in the design of efficient power amplifiers. Modern day communication systems utilize higher order complex modulation schemes to maximize the capacity of the channel. This results in a signal waveform that has a high peak to average power ratio (PAPR). Para. [0035-0036]-Thyagarajan discloses modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR) ... for any given instantaneous output power, all the PA elements except one operate at their peak power level and one PA element changes its output power based on the input signal. Fig. 10, Para. [0041]-Thyagarajan discloses phase and gain control on the individual pixels would allow one to maintain the antenna pattern with back-off). Regarding claims 5, Thyagarajan in view of Sun teaches the apparatus of claim 1, Thyagarajan further teaches the first antenna includes an array of antennas (Fig. 1, Para. [0008]-Thyagarajan discloses power amplifier architecture with a six antenna array system). Regarding claim 9, Thyagarajan in view of Sun teaches the method of claim 8 respectively, Thyagarajan further teaches the first transmitter includes at least one antenna (Fig. 1, Para. [0008]-Thyagarajan discloses power amplifier architecture with a six antenna array system). Claims 6, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan et al. (US 20180115282 A1), hereinafter referenced as Thyagarajan, in view of Sun et al. (US 20210251002 A1), hereinafter referenced as Sun, and further in view of Chapman et al. (US 20200021349 A1), hereinafter referenced as Chapman. Regarding claims 6 and 13 and 19, Thyagarajan in view of Sun teaches the apparatus of claim 1 and the method of claim 8 and the processor-readable storage medium of claim 15 respectively, Thyagarajan further teaches the controller is further arranged to: determine a first resource block assigned to the mobile device (Para. [0027]-Thyagarajan discloses architecture that is frequency agnostic and encompasses the entire frequencies range (from the low kilohertz to Terahertz frequencies). Para. [0032]-Thyagarajan discloses designs involve implementation at radio frequencies (RF), local oscillator (LO) and intermediate frequencies (IF)); determine a first frequency range that is associated with the first resource block (Para. [0032]-Thyagarajan discloses designs involve implementation at radio frequencies (RF), local oscillator (LO) and intermediate frequencies (IF). Para. [0027]-Thyagarajan discloses architecture that is frequency agnostic and encompasses the entire frequencies range (from the low kilohertz to Terahertz frequencies)); determine a second resource block assigned to the mobile device (Para. [0027]-Thyagarajan discloses architecture that is frequency agnostic and encompasses the entire frequencies range (from the low kilohertz to Terahertz frequencies). Para. [0032]-Thyagarajan discloses designs involve implementation at radio frequencies (RF), local oscillator (LO) and intermediate frequencies (IF)); determine a second frequency range that is associated with the second resource block (Para. [0032]-Thyagarajan discloses designs involve implementation at radio frequencies (RF), local oscillator (LO) and intermediate frequencies (IF). Para. [0027]-Thyagarajan discloses architecture that is frequency agnostic and encompasses the entire frequencies range (from the low kilohertz to Terahertz frequencies)); and cause the instantaneous input power of the first power amplifier input signal to be adjusted during the second part of the second time window to the second adjusted value (Fig. 4, Para. [0038]-Thyagarajan discloses Block 410 tests for a condition in which the required power for the array is greater than or equal to the low power array value and less than the high power array value. Para. [0003]-Thyagarajan disclose in order to preserve the fidelity of the transmitted signal, the power amplifier must operate at an average power level that is significantly lower than the peak achievable power (typically 10 dB back-off). As used herein, back-off power level is a power level that is significantly lower than the peak achievable power, such as a 10 dB back-off from peak achievable power. Operating at a back-off power level results in efficiency degradation at the expense of better linearity. Hence, an efficient power amplifier or transmitter architecture would be one that boosts efficiency at back-off power levels without compromising linearity. Para. [0035]-Thyagarajan disclose efficiency-EIRP (or output power) curve for a power amplifier is shown in FIG. 3. The efficiency of the PA is highest at the peak power point and reduces as one backs away from this peak power level. Today's communication systems utilize complex modulation schemes for transmitting data (for higher channel capacity) and have a large peak to average power ratio (PAPR). In order to amplify this signal preserving its fidelity, the PA must operate at a significant back-off {significantly low} from its peak power level (typically 10 dB). Para. [0027]-Thyagarajan discloses architecture that is frequency agnostic and encompasses the entire frequencies range (from the low kilohertz to Terahertz frequencies). Para. [0032]-Thyagarajan discloses designs involve implementation at radio frequencies (RF), local oscillator (LO) and intermediate frequencies (IF)). Thyagarajan fails to explicitly teach cause the instantaneous input power of the first power amplifier input signal to be adjusted during the second part of the time window such that the time-averaged time-averaged EIRP for the first antenna output signal at the first frequency range during the time window is less than the threshold EIRP such that the time window is a first time window that applies to the first frequency range; … determine, for a second part of the second time window, a second adjusted value for the instantaneous input power that is less than the threshold EIRP such that the time- averaged EIRP for the first antenna output signal at the second frequency range over the second time window is at or below the threshold EIRP. However, Sun teaches teach cause the instantaneous input power of the first power amplifier input signal to be adjusted during the second part of the time window such that the time-averaged time-averaged EIRP for the first antenna output signal at the first frequency range during the time window is less than the threshold EIRP such that the time window is a first time window that applies to the first frequency range (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response. Fig. 4, Para. [0067]-Sun discloses UE 400 may include a processor 402, a memory 404, an access type module 408, a transceiver 410 including a modem subsystem 412 and a radio frequency (RF) unit 414, and one or more antennas 416), cause an instantaneous input power of the first power amplifier input signal to increase to a value that is greater than a threshold EIRP during a first part of the second time window based at least in part on the first gain (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response. Fig. 4, Para. [0067]-Sun discloses UE 400 may include a processor 402, a memory 404, an access type module 408, a transceiver 410 including a modem subsystem 412 and a radio frequency (RF) unit 414, and one or more antennas 416); determine, for a second part of the second time window, a second adjusted value for the instantaneous input power that is less than the threshold EIRP such that the time- averaged EIRP for the first antenna output signal at the second frequency range over the second time window is at or below the threshold EIRP (Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response. Fig. 4, Para. [0067]-Sun discloses UE 400 may include a processor 402, a memory 404, an access type module 408, a transceiver 410 including a modem subsystem 412 and a radio frequency (RF) unit 414, and one or more antennas 416). Thyagarajan and Sun are both considered to be analogous to the claimed invention because they are in the same field of wireless communication systems, dealing with communication medium access. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Thyagarajan to incorporate the teachings of Sun on EIRP, with a motivation for time-averaged EIRP, and guarantee efficient power amplifier or transmitter architecture that boosts efficiency at back-off power levels without compromising linearity, (Thyagarajan, Para. [0005]). Thyagarajan fails to teach upon determining that the second frequency range is different from the first frequency range: track, over a second time window, a time-averaged EIRP for the first antenna output signal at the second frequency range. However, Chapman teaches upon determining that the second frequency range is different from the first frequency range: track, over a second time window, a time-averaged EIRP for the first antenna output signal at the second frequency range (Figs. 8a-c, Para. [0050]-Chapman discloses spatial profile of EIRP averaged over frequency. Para. [0015]-Chapman discloses the TXRUA comprises active circuits that may perform actions such as signal conditioning, amplification and altering in transmit and receive. Para. [0012]-Chapman discloses at higher frequencies, propagation losses are much greater than in today's bands. furthermore, it is envisaged that transmissions will take place within higher bandwidths. Para. [0039]-Chapman discloses the average spatial profile of radiated power is based on a spatial profile of radiated power averaged over any one or more out of a frequency interval and a time interval. Para. [0030]-Chapman discloses EIRP can take into account the losses in transmission line and connectors and includes the gain of the antenna. The EIRP is often stated in terms of decibels over a reference power emitted by an isotropic radiator with an equivalent signal strength. The EIRP allows comparisons between different emitters regardless of type, size or form. From the EIRP, and with knowledge of a real antenna's gain, it is possible to calculate real power and field strength values. Para. [0082]-Chapman discloses spatial profile of radiated power may e.g. be EIRP(Θ,φ,f=F,t=T); The profile of EIRP for each (Θ,φ) at time T and frequency F. Other metrics of power may be devised such as field strength or relative to a different type of antenna. Para. [0114]-Chapman discloses the determining of the beam may be performed by determining the beam to be transmitted in a different frequency e.g. a frequency or frequency range (resource blocks) other than for which the obtained spatial profile of radiated power exceeds a threshold in the direction of the beam, when the average spatial profile of radiated power averaged ver a frequency interval exceeds a threshold. The average spatial profile of radiated power exceeds the threshold in any direction, in particular the direction of the beam). Thyagarajan and Chapman are both considered to be analogous to the claimed invention because they are in the same field of network nodes, dealing with wireless transmission. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Thyagarajan in view of Sun to incorporate the teachings of Chapman on signal EIRP and frequency, with a motivation to increase input power upon determining frequency difference, and ultimately improve the performance of a wireless communications network, (Chapman, Para. [0037]). Claims 7, 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan et al. (US 20180115282 A1), hereinafter referenced as Thyagarajan, in view of Sun et al. (US 20210251002 A1), hereinafter referenced as Sun, in view of Nadakuduti et al. (US 10447413 B1), hereinafter referenced as Nadakuduti. Regarding claims 7 and 14 and 20, Thyagarajan in view of Sun teaches the apparatus of claim 1 and the method of claim 8 and the processor-readable storage medium of claim 15 respectively, Thyagarajan fails to teach the first antenna output signal is modulated via orthogonal frequency-division multiplexing modulation. However, Nadakuduti teaches the first antenna output signal is modulated via orthogonal frequency-division multiplexing modulation (Col. 7, Lines [21-26]- Nadakuduti discloses each RX front-end circuit 254 may condition (e.g., filter, amplify, downconvert, and digitize) a respective received signal to obtain input samples. Each RX front-end circuit may further process the input samples (e.g., for OFDM, etc.) to obtain received symbols. Col. 8, Lines [10-13]- Nadakuduti discloses the TX path 302 may include a baseband filter (BBF) 310, a mixer 312, a driver amplifier (DA) 314, and a power amplifier (PA) 316. Col. 8, Lines [31-32]- Nadakuduti discloses the RX path 304 may include a low noise amplifier (LNA) 322, a mixer 324, and a baseband filter (BBF) 326). Thyagarajan and Nadakuduti are both considered to be analogous to the claimed invention because they are in the same field of wireless network, dealing with systems and methods for assessing radio frequency (RF) exposure from a wireless device. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Thyagarajan in view of Sun to incorporate the teachings of Nadakuduti on OFDM, with a motivation to modulate amplifier output signal with OFDM, and enable wireless device to assess RF exposure from the wireless device in real time and adjust the transmission power of the wireless device accordingly to comply with the RF exposure limit (Nadakuduti, Col. 1, Lines [19-23]). Response to Arguments Applicant's Arguments/Remarks, filed on 09/03/2026, with respect to the 35 USC § 103 rejection of claims 1-20 have been fully considered. Applicant’s arguments are not persuasive. In the remarks, on page 11, Lines [26-29], Applicant argues that, “…Although Thyagarajan refers generally to "average power" and "peak to average power ratio (PAPR)," those disclosures appear to concern the relationship between the average and peak power of a modulated signal, not a time-averaged EIRP tracked over a time window, as claimed.” Examiner respectfully disagrees for the following reasons: In addition to teaches "average power" and "peak to average power ratio (PAPR)," the primary prior art on record also clearly teaches “time-averaged EIRP” as disclosed in Fig. 11, Para. [0042]-Thyagarajan discloses instantaneous input power is detected using a power detector 1102 which then passes the information to the digital logic 1104. One embodiment of the digital logic 1104 implements the operations of FIG. 4. Depending on the input power level, the digital logic 1104 turns on the required number of PAs to achieve the required EIRP level. Para. [0048]-Thyagarajan discloses the power control can also be performed in a dynamic manner using the instantaneous output power (instead of average output power). Claim [14]-Thyagarajan discloses to implement a dynamic power back-off in which power amplifiers of the array of power amplifiers are turned on and off based on the power signal. Fig. 2, Para. [0033]-Thyagarajan discloses the EIRP is reduced by decreasing the output power of all the PA elements ... power levels are achieved by turning ON PA elements one at a time. In the remarks, on page 12, Lines [22-26], Applicant argues that, “…The Office Action has not cited, nor has Applicant found, any portion of Sun that discloses, teaches, or suggests "maintaining the time-averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP based on causing the instantaneous input power of the first power amplifier input signal to be adjusted to the adjusted value," as recited in claim 1” Examiner respectfully disagrees for the following reasons: With regards to the referenced limitation, “…maintaining the time-averaged EIRP associated with the first antenna output signal for the time window below the threshold EIRP based on causing the instantaneous input power of the first power amplifier input signal to be adjusted to the adjusted value,” as recited in the amended claim 1 (and similarly in claims 8 and 15), in Fig. 7, Para. [0093]-Sun discloses using an average EIRP {Corresponding to the time-averaged EIRP} as parameter 703 along with the corresponding threshold {Corresponding to the threshold EIRP} may allow the device to occasionally {corresponding to averaging over timed-windows over the time window} exceed the threshold level and still access the network without LBT, so long as the average EIRP remains below the threshold {Corresponding to maintaining the time-averaged EIRP}. In some instances, the device may apply a linear filter to the averaging operations. In some instances, the linear filter may have a non-uniform response. In the remarks, on page 14, Lines [18-20], Applicant requests, “…that the Examiner provide references supporting the teachings officially noticed, as well as provide the required motivation or suggestion to combine references with the other art of record.” Regarding the prior arts on record, Thyagarajan et al. (US 20180115282 A1) and Sun et al. (US 20210251002 A1) are both considered to be analogous to the claimed invention because they are in the same field of wireless communication systems, dealing with communication medium access. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the Thyagarajan to incorporate the teachings of Sun on EIRP, with a motivation to track time-averaged EIRP, and guarantee efficient power amplifier or transmitter architecture that boosts efficiency at back-off power levels without compromising linearity, (Thyagarajan, Para. [0005]). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLADIRAN GIDEON OLALEYE whose telephone number is (571)272-5377. The examiner can normally be reached Monday - Friday: 07:30am - 05:30pm to. 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 SPE, NICHOLAS A. JENSEN can be reached on (571) 270-5443. 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. /OO/ Examiner, Art Unit 2472 /NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472
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Prosecution Timeline

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Apr 07, 2026
Applicant Interview (Telephonic)
Apr 10, 2026
Response after Non-Final Action
May 07, 2026
Request for Continued Examination
May 22, 2026
Response after Non-Final Action
Jun 03, 2026
Non-Final Rejection mailed — §103, §112
Jul 28, 2026
Interview Requested
Sep 03, 2026
Response Filed
Sep 18, 2026
Final Rejection mailed — §103, §112 (current)

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