Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
This office action is in response to the RCE filed on 12/01/2025.
Claims 1-8 are currently pending.
Claim 8 is newly added.
Claims 1-8 are rejected.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/01/2025 has been entered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2, 5, 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1 and 8 of Patent No. US 11212751 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other.
It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA), also note Exparte Rainu, 168 USPQ 375 (Bd. App. 1969); the omission of a reference element whose function is not needed would be obvious to one skilled in the art.
The table below maps the claims in the instant applications to corresponding claims which have substantially the same limitations [up to and including limitations of parent and intervening claims] in Patent No. US 11212751 B2.
Claim # in Instant Application
( 18306921)
Claim # in Patent No. US 11212751 B2
1. (Currently Amended) A method comprising:
setting a transmission power level for a first digital remote unit (DRU) at a first transmission power level;
determining a first performance indicator related to a quality of service at the transmission power level;
iteratively adjusting the transmission power level for the first DRU to increase the first performance indicator related to the quality of service to obtain a second transmission power level; and
setting the transmission power level for the first DRU at the second transmission power level, which is different from the first transmission power level.
1. A method comprising:
setting a transmission power level for a Digital remote Unit (DRU);
determining a key performance indicator related to a quality of service at the transmission power level;
iteratively adjusting the transmission power level for the DRU to increase the key performance indicator related to the quality of service; and
setting the transmission power level for the DRU at an iterated power level.
2. (new) The method of claim 1 comprising: determining a second performance indicator related to a capacity of satisfied users; iteratively adjusting the second transmission power level for the first DRU to increase the second performance indicator related to the capacity of satisfied users to obtain a third transmission power level; and setting the transmission power level for the first DRU at the third transmission power level, which is different from the second transmission power level.
8. The method of claim 1, further comprising: determining a second key performance indicator related to a data throughput capacity; iteratively adjusting the transmission power level for the DRU to increase the second key performance indicator related to the data throughput capacity; and c) setting the transmission power level for the DRU at the iterated power level.
5
8
8
1
Claims 1-2, 5, 8 is rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1, 8 of U.S. Patent No. 10433261 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because Claim 1 of the instant application merely broadens the scope of claim 1 of U.S. Patent No. 10433261 B2 by omitting limitations, such as in a distributed antenna system (DAS).
It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA), also note Exparte Rainu, 168 USPQ 375 (Bd. App. 1969); the omission of a reference element whose function is not needed would be obvious to one skilled in the art.
The table below maps the claims in the instant applications to corresponding claims which have substantially the same limitations [up to and including limitations of parent and intervening claims] in U.S. Patent No. 10433261 B2.
Claim # in Instant Application
( 18306921)
Claim # in Patent No. US 10433261 B2
1. (Currently Amended) A method comprising:
setting a transmission power level for a first digital remote unit (DRU) at a first transmission power level;
determining a first performance indicator related to a quality of service at the transmission power level;
iteratively adjusting the transmission power level for the first DRU to increase the first performance indicator related to the quality of service to obtain a second transmission power level; and
setting the transmission power level for the first DRU at the second transmission power level, which is different from the first transmission power level.
1. A method of determining a transmission power of a digital remote unit (DRU) in a distributed antenna system (DAS), the method comprising:
a) setting a transmission power level for the DRU;
b) determining a key performance indicator related to a number of satisfied users at the transmission power;
c) iteratively adjusting a transmission power level for the DRU to increase the key performance indicator related to the number of satisfied users; and
d) setting the transmission power level for the DRU at an iterated power level.
2
8
5
8
8
1
Claims 1-2, 5, 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of U.S. Patent No. 9769766 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because Claim 1 of the instant application merely broadens the scope of claim 1 of U.S. Patent No. 9769766 B2 by omitting limitations, such as in a distributed antenna system (DAS); d) determining a second key performance indicator related to a capacity for the number of satisfied user.
It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA), also note Exparte Rainu, 168 USPQ 375 (Bd. App. 1969); the omission of a reference element whose function is not needed would be obvious to one skilled in the art.
The table below maps the claims in the instant applications to corresponding claims which have substantially the same limitations [up to and including limitations of parent and intervening claims] in U.S. Patent No. 9769766 B2.
Claim # in Instant Application
( 18306921)
Claim # in Patent No. US 9769766 B2
1. (Currently Amended) A method comprising:
setting a transmission power level for a first digital remote unit (DRU) at a first transmission power level;
determining a first performance indicator related to a quality of service at the transmission power level;
iteratively adjusting the transmission power level for the first DRU to increase the first performance indicator related to the quality of service to obtain a second transmission power level; and
setting the transmission power level for the first DRU at the second transmission power level, which is different from the first transmission power level.
1. A method of determining a transmission power of a digital remote unit (DRU) in a distributed antenna system (DAS), the method comprising: a) setting a transmission power level for a DRU; b) determining a first key performance indicator related to a number of satisfied users at the transmission power;
c) iteratively adjusting the transmission power level for the DRU to increase the first key performance indicator related to the number of satisfied users; d) determining a second key performance indicator related to a capacity for the number of satisfied users; e) iteratively adjusting the transmission power level for the DRU to increase the second key performance indicator related to the capacity for the number of satisfied users; and f) setting the transmission power level for the DRU at an iterated power level.
2
1 [d) determining a second key performance indicator related to a capacity for the number of satisfied users; e) iteratively adjusting the transmission power level for the DRU to increase the second key performance indicator related to the capacity for the number of satisfied users; and f) setting the transmission power level for the DRU at an iterated power level.]
5
1
8
1
Claims 1, 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claim 1 of U.S. Patent No. 9363768 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because Claim 1 of the instant application merely broadens the scope of claim 1 of U.S. Patent No. 9363768 B2 by omitting limitations, such as measuring an updated percentage of satisfied users at the adjusted power differential.
It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA), also note Exparte Rainu, 168 USPQ 375 (Bd. App. 1969); the omission of a reference element whose function is not needed would be obvious to one skilled in the art.
The table below maps the claims in the instant applications to corresponding claims which have substantially the same limitations [up to and including limitations of parent and intervening claims] in U.S. Patent No. 9363768 B2.
Claim # in Instant Application
18306921)
Claim # in Patent No. US 9363768 B2
1. (Currently Amended) A method comprising:
setting a transmission power level for a first digital remote unit (DRU) at a first transmission power level;
determining a first performance indicator related to a quality of service at the transmission power level;
iteratively adjusting the transmission power level for the first DRU to increase the first performance indicator related to the quality of service to obtain a second transmission power level; and
setting the transmission power level for the first DRU at the second transmission power level, which is different from the first transmission power level.
1. A method of allocating transmission power in a communications system including a processor, the method comprising: a) setting a power differential for an antenna in a cell of the communication system, the power differential being a difference between a transmission power of one or more carriers and a transmission power of a reference carrier; b) measuring a percentage of satisfied users at the power differential, wherein a satisfied user is defined as a user having a capacity above a predetermined threshold capacity; c) measuring a total capacity for the satisfied users at the power differential;
d) adjusting the power differential by a predetermined amount by increasing or decreasing the transmission power of the one or more carriers; e) measuring an updated percentage of satisfied users at the adjusted power differential; f) determining, using the processor, that the updated percentage of satisfied users is greater than or equal to the percentage of satisfied users at the power differential; and g) repeating a)-f) to obtain an iterated power level; and
h) setting the transmission power of the one or more carriers at the iterated power level.
8
1
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 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 –
(e) the invention was described in a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent, or on an international application by another who has fulfilled the requirements of paragraphs (1), (2), and (4) of section 371(c) of this title before the invention thereof by the applicant for patent.
Claims 1-8 are rejected under pre-AIA 35 U.S.C. 102(e) as being anticipated by Shankar Venkatraman et al (US 9693321 B2).
For Claim 1, Venkatraman discloses a method (Venkatraman teaches, in Col. 2, lines 42-45, that a distributed antenna system, comprising a distributed antenna system service module providing a downlink signal and a first antenna unit [i.e., first DRU] and a second antenna unit) comprising:
setting a transmission power level for a first digital remote unit (DRU) at a first transmission power level (Venkatraman teaches, in Col. 7, lines 47-49, that at step 210. The transmission power Ptx is set to an initial power level Pinitial and the initial capacity C.sub.i-1 is set to 0);
determining a first performance indicator related to a quality of service at the transmission power level (Venkatraman teaches, in Col. 7, lines 50-56, that Signal information is collected from the UEs such as UE 16b and 16c (step 214). The signal information may include, but is not limited to, the downlink data rate, the download signal quality received by the UE, the peak data rates, and/or the number of UEs having a QOS (“Quality of Service”) exceeding a QOS threshold);
iteratively adjusting the transmission power level for the first DRU to increase the first performance indicator related to the quality of service to obtain a second transmission power level (Venkatraman teaches, in Col. 7, lines 40-45, that If the capacity has improved since the prior iteration, the transmission power Ptx increases and the next set of signal information is collected. On the other hand, if the average capacity C.sub.i has not improved since the prior iteration, the transmission power P.sub.tx is reduced); and
setting the transmission power level for the first DRU at the second transmission power level, which is different from the first transmission power level (Venkatraman teaches, in Col. 7, lines 64-67, that the transmission power Ptx is increased and is set to Ptx+ΔP (step 220) ...The transmission power Ptx is increased for only one remote antenna such as only remote antenna 20d [i.e., first DRU]).
For Claim 2, Venkatraman discloses a method, determining a second performance indicator related to a capacity of satisfied users (Venkatraman teaches, in Col. 3, lines 42-46, that these goals may be attained by increasing network capacity during peak usage hours, enhancing the data rates for mobile data devices while maintaining signal quality and network coverage, and reducing harmful interference to co-located wireless services);
iteratively adjusting the second transmission power level for the first DRU to increase the second performance indicator related to the capacity of satisfied users to obtain a third transmission power level (Venkatraman teaches, in Col. 7, lines 40-45, that If the capacity has improved since the prior iteration, the transmission power Ptx increases and the next set of signal information is collected. On the other hand, if the average capacity C.sub.i has not improved since the prior iteration, the transmission power P.sub.tx is reduced); and
setting the transmission power level for the first DRU at the third transmission power level, which is different from the second transmission power level (Venkatraman teaches, in Col. 7, lines 64-67, that the transmission power Ptx is increased and is set to Ptx+ΔP (step 220) ...The transmission power Ptx is increased for only one remote antenna such as only remote antenna 20d [i.e., first DRU]).
For Claim 3, Venkatraman discloses a method, determining a third performance indicator related to a number of satisfied users (Venkatraman teaches, in Col. 7, lines 50-56, that Signal information is collected from the UEs such as UE 16b and 16c (step 214). The signal information may include …the number of UEs having a QOS (“Quality of Service”) exceeding a QOS threshold);
iteratively adjusting the third transmission power level for the first DRU to increase the third performance indicator related to the number of satisfied users to obtain a fourth transmission power level (Venkatraman teaches, in Col. 7, lines 40-45, that If the capacity has improved since the prior iteration, the transmission power Ptx increases and the next set of signal information is collected. On the other hand, if the average capacity C.sub.i has not improved since the prior iteration, the transmission power P.sub.tx is reduced); and
setting the transmission power level for the first DRU at the fourth transmission power level, which is different from the third transmission power level (Venkatraman teaches, in Col. 7, lines 64-67, that the transmission power Ptx is increased and is set to Ptx+ΔP (step 220) ...The transmission power Ptx is increased for only one remote antenna such as only remote antenna 20d [i.e., first DRU]).
For Claim 4, Venkatraman discloses a method, determining a second performance indicator related to a number of satisfied users (Venkatraman teaches, in Col. 7, lines 50-56, that Signal information is collected from the UEs such as UE 16b and 16c (step 214). The signal information may include …the number of UEs having a QOS (“Quality of Service”) exceeding a QOS threshold);
iteratively adjusting the transmission power level for the first DRU to increase the second performance indicator related to the number of satisfied users to obtain a third transmission power level (Venkatraman teaches, in Col. 7, lines 40-45, that If the capacity has improved since the prior iteration, the transmission power Ptx increases and the next set of signal information is collected. On the other hand, if the average capacity C.sub.i has not improved since the prior iteration, the transmission power P.sub.tx is reduced); and
setting the transmission power level for the first DRU at the third transmission power level, which is different from the second transmission power level (Venkatraman teaches, in Col. 7, lines 64-67, that the transmission power Ptx is increased and is set to Ptx+ΔP (step 220) ...The transmission power Ptx is increased for only one remote antenna such as only remote antenna 20d [i.e., first DRU]).
For Claim 5, Venkatraman discloses a method, determining a second performance indicator related to a capacity of satisfied users (Venkatraman teaches, in Col. 3, lines 42-46, that these goals may be attained by increasing network capacity during peak usage hours, enhancing the data rates for mobile data devices while maintaining signal quality and network coverage, and reducing harmful interference to co-located wireless services);
iteratively adjusting the transmission power level for a second DRU to increase the second performance indicator related to the capacity of satisfied users to obtain a third transmission power level (Venkatraman teaches, in Col. 7, lines 40-45, that If the capacity has improved since the prior iteration, the transmission power Ptx increases and the next set of signal information is collected. On the other hand, if the average capacity C.sub.i has not improved since the prior iteration, the transmission power P.sub.tx is reduced); and
setting the transmission power level for the second DRU at the third transmission power level, which is different from the second transmission power level (Venkatraman teaches, in Col. 7, lines 64-67, that the transmission power Ptx is increased and is set to Ptx+ΔP (step 220) ...The transmission power Ptx is increased for only one remote antenna such as only remote antenna 20d [i.e., first DRU]).
For Claim 6, Venkatraman discloses a method, determining a third performance indicator related to a number of satisfied users (Venkatraman teaches, in Col. 7, lines 50-56, that Signal information is collected from the UEs such as UE 16b and 16c (step 214). The signal information may include …the number of UEs having a QOS (“Quality of Service”) exceeding a QOS threshold);
iteratively adjusting the transmission power level for a third DRU to increase the third performance indicator related to the number of satisfied users to obtain a fourth transmission power level (Venkatraman teaches, in Col. 7, lines 40-45, that If the capacity has improved since the prior iteration, the transmission power Ptx increases and the next set of signal information is collected. On the other hand, if the average capacity C.sub.i has not improved since the prior iteration, the transmission power P.sub.tx is reduced); and
setting the transmission power level for the third DRU at the fourth transmission power level, which is different from the third transmission power level (Venkatraman teaches, in Col. 7, lines 64-67, that the transmission power Ptx is increased and is set to Ptx+ΔP (step 220) ...The transmission power Ptx is increased for only one remote antenna such as only remote antenna 20d [i.e., first DRU]).
For Claim 7, Venkatraman discloses a method, determining a second performance indicator related to a number of satisfied users (Venkatraman teaches, in Col. 7, lines 50-56, that Signal information is collected from the UEs such as UE 16b and 16c (step 214). The signal information may include …the number of UEs having a QOS (“Quality of Service”) exceeding a QOS threshold);
iteratively adjusting the transmission power level for a second DRU to increase the second performance indicator related to the number of satisfied users to obtain a third transmission power level (Venkatraman teaches, in Col. 7, lines 40-45, that If the capacity has improved since the prior iteration, the transmission power Ptx increases and the next set of signal information is collected. On the other hand, if the average capacity C.sub.i has not improved since the prior iteration, the transmission power P.sub.tx is reduced); and
setting the transmission power level for the second DRU at the third transmission power level, which is different from the second transmission power level (Venkatraman teaches, in Col. 7, lines 64-67, that the transmission power Ptx is increased and is set to Ptx+ΔP (step 220) ...The transmission power Ptx is increased for only one remote antenna such as only remote antenna 20d [i.e., first DRU]).
For Claim 8, please refer to the rejection of Claim 1, above.
Response to Amendments
Applicant's amendments filed on 12/01/2025 have necessitated the new ground(s) of rejection presented in this Office action. The ODP rejection is also maintained due to failure, yet, to file the terminal disclaimer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kazmi (US 20100317385 A1) is pertinent to a method and a system for mitigating inter-cell interference and in particular to a method and a system for transmission power determination and allocation to mitigate inter-cell interference.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED A KAMARA whose telephone number is (571)270-5629. The examiner can normally be reached M-F 9AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHARLES JIANG can be reached on 5712707191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED A KAMARA/Primary Examiner, Art Unit 2412