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 10/23/2025 have been fully considered but they are not persuasive.
Claim 5 recites an apparatus (device) which is patentably defined by its structure. The ‘wherein’ clause specifying the first and second signals are each high frequency band electrical signals fails to limit the claimed structure and therefore fails to patentably limit the claim.
Looking at the method of claim 1, similar to claim 5, the ‘wherein’ clause is considered an intended use as it does not limit any step in any meaningful way. For compact prosecution, however the limitation is addressed (below).
Regarding claim interpretation, it is noted that besides the word “means”, the word “step”, as in “step of” as recited in claims 1-5 does invoke 112(f).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a 5G system, WDM multiplexing, A-RoF) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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 the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 1-11 are 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 applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The claims recite “wherein the first analog electrical signal and the second analog electrical signal are each high frequency band electrical signals”.
It is noted that the “first analog electric signal” corresponds to a converted downlink electric signal and the “second analog electric signal” corresponds to the signal to be transmitted.
The instant specification [0020] provides for transmission of 5G radio communication and uses the term “a high frequency band (a millimeter wave band)” while other sections (e.g. [0069]) use the term “a region of the the high-frequency electrical signal (an RF region)”. Note that a millimeter wave = 1GHz = 1000 MHz.
Wikipedia provides for 5G frequency ranges of 410 MHz to 7125 MHz (fr1) and 24.25 GHz to 71 GHz (fr2).
At best, the instant specification provides for the “second analog electric signal” to be 5G in general and thus could be said to be a “high frequency band electrical signal”, however the instant specification is completely silent on the frequency range of the “first analog electric signal”.
Claims 1-11 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.
Claims 1 and 5 recite ‘wherein the first analog electrical signal and second analog electrical signals are each high frequency band electrical signals”, however the term “high frequency” is ambiguous and the instant specification fails to limit it to a specific range as [0020] provides for transmission of 5G radio communication and uses the term “a high frequency band (a millimeter wave band)” while other sections (e.g. [0069]) use the term “a region of the high-frequency electrical signal (an RF region)”. Note that a millimeter wave = 1GHz = 1000 MHz.
Wikipedia provides for 5G frequency ranges of 410 MHz to 7125 MHz (fr1) and 24.25 GHz to 71 GHz (fr2) and radio frequency (RF) to be from 3 KHz – 3000 GHz. For compact prosecution, it will be interpreted that a high frequency band would be expected to be at above 1GHz.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, 5, & 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (9,716,573) hereinafter “Liu” and Jamison et al. (2020/0068115) hereinafter “Jamison”.
As to claim 1, (Original) Liu discloses A radio communication method performed by a radio communication device (400/500/600/700), comprising:
an inverse fast Fourier transform step (1040) of performing inverse fast Fourier transform on a digital electric signal associated with a downlink radio signal (see col. 17, lines 49-63);
a digital-to-analog conversion step (663) of converting the digital electric signal subjected to the inverse fast Fourier transform into a first analog electric signal; (see col. 14, lines 40-49, Figs. 5-7)
an
a step of transmitting (430) the optical signal (see col. 9, lines 6-12);
a photoelectric conversion step (452) of converting the transmitted optical signal into a second analog electric signal (see col. 9, lines 13-15); and
a step of transmitting the downlink radio signal corresponding to the second analog electric signal (see col. 10, lines 1-9 & col. 7, lines 55-66). Liu fail to explicitly recite that the conversion step is electro-optic that converts an electric signal.
In an analogous art, Jamison discloses wherein it was known to convert electric signals (wifi) to optical (see [0040], Fig.3) in order to extend the communication / wifi range. Also See [0007]. Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Liu such that conversion step converts the first analog electric signal into an optical signal as taught by Jamison for the purpose of extending a wifi range.
The combination fails to explicitly recite wherein the first analog electrical signal and the second analog electrical signal are each high frequency band electrical signals yet Jamison provides for operation in wifi (which uses at least a 2.4GHz and 5/6 GHz). Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Liu such that the first analog electrical signal and the second analog electrical signal are each high frequency band electrical signals as taught by Jamison for the purpose of using accepted wifi bands.
As to claim 2, (Original) the combination of Liu and Jamison discloses The radio communication method according to claim1, Liu discloses further comprising:
a multiplex step of multiplexing (channel aggregation) the plurality of optical signals having different wavelengths from each other to generate a wavelength division multiplexed optical signal (see col. 12, lines 3-15 & 50-54); and
a demultiplex step of demultiplexing (channel deaggregation) the wavelength division multiplexed optical signal into the plurality of optical signals having different wavelengths from each other, wherein in the step of transmitting the optical signal, an optical fiber transmits the wavelength division multiplexed optical signal (see col. 12, lines 11-25).
As to claim 5. (Currently amended) the combination of Liu and Jamison discloses A radio communication device as applied above to claim 1.
As to claim 6, (Original) the combination of Liu and Jamison discloses The radio communication device according to claim 5, as applied above to claim 2.
Claim(s) 3, 7, & 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu and Jamison as applied to claim 1 above, and further in view of Jang Dong Hee et al. (KR 101035690) hereinafter “Hee”.
As to claim 3, (Currently amended) the combination of Liu and Jamison discloses The radio communication method according to claim 1, is silent to yet in an analogous art, Hee discloses further comprising: a digital beam control step of adjusting a phase of the digital electric signal (see Description paragraph 1-2 “…The present invention relates to an antenna-integrated RRH using a digital hub that actively distributes the number of patterns used in the arrayed antenna and adjusts the phase of a signal injected into each pattern to actively control the beam of the antenna”. Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Liu to include a digital beam control step of adjusting a phase of the digital electric signal in order to control the transmission beam of the antenna.
As to claim 7 and 9, the combination of Liu and Jamison discloses the device of claims 5-6, is silent to yet Hee discloses further comprising: a digital beam control step of adjusting a phase of the digital electric signal (see Description paragraph 1-2 “…The present invention relates to an antenna-integrated RRH using a digital hub that actively distributes the number of patterns used in the arrayed antenna and adjusts the phase of a signal injected into each pattern to actively control the beam of the antenna”. Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Liu to include a digital beam control step of adjusting a phase of the digital electric signal in order to control the transmission beam of the antenna.
Claim(s) 4, 8, & 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu and Jamison as applied to claim 1 above, and further in view of Li et al. (CN 106559142) hereinafter “Li”.
As to claim 4, (Currently amended) the combination of Liu and Jamison discloses The radio communication method according to claim 1, is silent to yet in an analogous art, Li discloses further comprising: an analog beam control step of adjusting the phase of the optical signal, the first analog electric signal or the second analog electric signal. See Figs. 1G, 2G and description “Of course, in order to make at least two light RF emitting module 140 emitting the light signal through radio frequency carrier signal generated by the photoelectric detector 11 is formed in the space of the beam can be pointing to the same one target direction, so that signal enhancement, transmission distance farther, also can adopt the following modes, Referring to FIG. 1G, the optical transmitter further comprises an analog beamforming network module 14 for the at least two light emitting modules N light-emitting module in the radio frequency carrier signal generated by the phase adjustment. the radio frequency carrier signal synthesis signal obtained by phase adjusting point to the target direction.” & “Of course, in order to obtain a multi-channel beam income, Referring to FIG. 2G, the optical receiver further comprises an analog beam-forming network module 22, for the N light receiving module 20 at least two of the optical receiving module 20 receiving the radio frequency carrier signal is shifted by phase adjustment such that the radio frequency carrier signal after phase regulation signal obtained by synthesis toward a target direction.”. Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Liu to include an analog beam control step of adjusting the phase of the optical signal, the first analog electric signal or the second analog electric signal as taught by Li for the purpose of directing the transmission beam at the target.
As to claim 8 and 10-11, the combination of Liu and Jamison (and Li – claim 11) discloses the device of claims 5-6 (and 7), is silent to yet Li discloses further comprising: an analog beam control step of adjusting the phase of the optical signal, the first analog electric signal or the second analog electric signal. As applied above to claim 4. Before the effective filing date of the instant application it would have been obvious to one of ordinary skill in the art to modify Liu to include an analog beam control step of adjusting the phase of the optical signal, the first analog electric signal or the second analog electric signal, as taught by Li for the purpose of directing the transmission beam at the target.
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 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER KINCAID whose telephone number is (571)272-7922. The examiner can normally be reached M-Th: 7-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yuwen Pan can be reached at 571-272-7855. 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.
LESTER G. KINCAID
Primary Patent Examiner
Art Unit 2649
/LESTER G KINCAID/ Primary Examiner, Art Unit 2649
Prosecution Insights