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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Claim 7, is directed to a “A program”. A program is considered non-statutory subject matter as it is not a useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. A program must also be stored on a non-transitory medium. In the instant application, Applicant’s originally filed specification on [0067] discloses “The program described above may be recorded on a computer-readable recording medium” with various examples provided. Here, the term ‘may’ is indefinite.
Furthermore, the OG Notice (1351 OG 212) published on February 23, 2010 says:
The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media…
Hence, claim 7 is directed to non-statutory subject matter, since the broadest reasonable interpretation of a “computer-readable medium” as defined by Applicant’s originally filed specification above and in view of the OG Notice above, is directed to a “signal”, and a “signal” ” per se does not fall within any of the four statutory classes of 35 U.S.C. §101.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jung (US 2014/0004869 A1)(From Information Disclosure Statement).
Regarding claims 1, 6-7, Jung discloses a control method of a communication device, communication device and program for causing a computer to function as a communication device comprising:
the program causing the computer to function as:
acquiring a first coverage indicating a range in which the communication device and a terminal can communicate with each other (see central region , [0051]), and a second coverage indicating a range in which the communication device provides a communication service (see boundary region, [0051]); and deriving a beam width communicable (see “dynamically adjusts the beam width”) in the second coverage on the basis of the first coverage and the second coverage acquired (based on target region where mobile is positioned and boundary coverage [0051]).
Regarding claim 2, Jung discloses the control method according to claim 1, wherein the first coverage is acquired on the basis of a line design between the communication device and the terminal or a distance between the communication device and the terminal (see [0050], “distance between the position of the transmission target region where a transmission beam”).
Regarding claim 3, Jung discloses the control method according to claim 1, wherein the second coverage from a host device is acquired (see [0072], it is determined that when the position of the target region to which the DL SCHs and DL BCHs are transmitted is in the boundary region side, it is determined that relatively narrow transmission beams as compared to the transmission beams transmitted to the central region side are used.).
Regarding claim 4, Jung discloses the control method according to claim 1, wherein the first coverage is determined by a first distance at which the communication device and the terminal can communicate with each other (see fig. 3, see first distance, 42 m), the second coverage is determined by a second distance (see boundary distance 198m, fig. 3), and the beam width is derived in accordance with a distance difference between the first distance and the second distance (see, [0050], as the distance between the position of the transmission target region where a transmission beam for transmitting DL SCH and DL BCH and the base station transmitter is increased, the beam width of the transmission beam for transmitting the DL SCH and DL BCH is narrowed).
Regarding claim 5, Jung discloses the control method according to claim 1, further comprising performing beam sweeping with the beam width derived (see beam sweep [0042]).
Regarding claim 8, Jung discloses the control method according to claim 2, wherein the first coverage is determined by a first distance at which the communication device and the terminal can communicate with each other (see fig. 3, see first distance, 42 m), the second coverage is determined by a second distance (see boundary distance 198m, fig. 3), and the beam width is derived in accordance with a distance difference between the first distance and the second distance (see [0050], “as the distance between the position of the transmission target region where a transmission beam for transmitting DL SCH and DL BCH and the base station transmitter is increased, the beam width of the transmission beam for transmitting the DL SCH and DL BCH is narrowed”).
Regarding claim 9, Jung discloses the control method according to claim 3, wherein the first coverage is determined by a first distance at which the communication device and the terminal can communicate with each other (see fig. 3, see first distance, 42 m), the second coverage is determined by a second distance (see boundary distance 198m, fig. 3), and the beam width is derived in accordance with a distance difference between the first distance and the second distance (see [0050], “as the distance between the position of the transmission target region where a transmission beam for transmitting DL SCH and DL BCH and the base station transmitter is increased, the beam width of the transmission beam for transmitting the DL SCH and DL BCH is narrowed”).
Regarding claim 10, Jung discloses the control method according to claim 2, further comprising performing beam sweeping with the beam width derived (see beam sweeping, [0032]).
Regarding claim 11, Jung discloses the control method according to claim 3, further comprising performing beam sweeping with the beam width derived (see beam sweeping, [0032]).
Regarding claim 12, Jung discloses the control method according to claim 4, further comprising performing beam sweeping with the beam width derived (see beam sweeping, [0032]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-10863474-B2
US-20180115958-A1
US-20180302136-A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to K. WILFORD SHAHEED whose telephone number is (469) 295-9175. The examiner can normally be reached on Monday-Friday 9 am-6pm; CST; ALT Friday. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. The examiner’s Supervisor, Jinsong Hu, can be reached at (571)272-3965, where attempts to reach the examiner are unsuccessful.
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/KHALID W SHAHEED/Primary Examiner, Art Unit 2643