DETAILED ACTION
This action is in response to applicant’s amendment filed on 04/02/2026. Claims 1, 3-11 and 13-20 are still pending in the present application. This Action is made FINAL.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim(s) 1, 3, 5-8, 10-11, 13, 15-18, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 20230074899) in view of Youn (US 2009/0227258).
Referring to claim 1, Wang discloses a control method, in which at least one first device is used to amplify cellular communication signals between a second device and a plurality of third devices in a network (FIG. 1 and 3-5, Par. 26, “UE-to-base station relay transmission. UE relay transmission in an area with weak coverage or no coverage, as shown in Mode 1 in FIG. 1, allows UE1 with poor signal quality or no network coverage to communicate with a network through UE2 with network coverage nearby, so that operators can expand coverage and improve capacity”, note that figures 1 and 3-5 show the UE1 communicates with the relay 1 device or directly with the base station (NW)”. Note that in figure 3, the “Relay 1” is equivalent to the first device, the UE1 is equivalent to the second device and the NW (which is the network side or base station) is the third device. Here, first device provides relaying service between second device and third device), the second device connecting with the at least one first device (FIG. 3, Par. 3, “wireless”, “base station”, “UE”, note that second device is the UE1 and it is wireless connected to the relay station and to the base station),
the method comprising:
obtaining first information on which third devices the second device can directly serve and reception quality reported by the third devices for signals transmitted by the second device (FIG. 1, 3-5, Par. 35, 43, 49, “informs the UE1 of a level indication of the link quality between the relay and the base station”, “The path switching criteria include at least one of: a first threshold of link quality of the first link; a first preset ToS; or a threshold of PC5 interface link quality of the second link”, “In response to the UE1 entering the coverage of a base station and establishes RRC connection, a service forwarded through the relay can be forwarded to a Uu link and directly transmitted to a base station, where a base station of the UE1 and a base station of the relay may be the same base station or different base stations.” Note that the indication that informs the UE1 of link quality is equivalent to the first information);
obtaining second information on which third devices the at least one first device can serve and reception quality reported by the third devices for signals transmitted by the at least one first device (Par. 45, 49, 63, “informs the UE1 of the link quality between the relay and the base station through a PC5 RRC signaling message, or informs the UE1 of a level indication of the link quality between the relay and the base station (for example, indicating that the link quality is above or below the third threshold of the link quality, or the quality is excellent, medium or poor)”, “in response to the link quality of the first link (Uu link) being lower than the first threshold of the link quality of the first link (for a Uu interface link), switching to the second link can be performed,”, “ Remote UE selects the 5G ProSe UE-to-Network Relay based on the information received in step 1.” note that that the UE obtain information regarding link quality between relay station and the base station, which reads on reception quality reported for signals transmitted by the at least one first device);
and based on the first information and the second information, determining which third device the second device will serve directly and which third device the at least one first device will serve (Par. 45, 57, “In this embodiment, for the above Situation 1, in response to the link quality of the first link (Uu link) being lower than the first threshold of the link quality of the first link (for a Uu interface link), switching to the second link can be performed, where the first threshold of the link quality may include a certain hysteresis value; in response to the ToS of the first link being the first preset ToS (for example, data of some types of services need to be transmitted through a PC5 interface), switching to the second link can be performed; and in response to the link quality of the second link (PC5 link) being higher than the threshold of the PC5 interface link quality of the second link, switching to the second link can be performed”, note that based on channel quality between the Relay station to UE and the channel quality between UE and the base station, the link with better quality is selected for communication, which reads on language: based on the first information and the second information, determining which third device the second device will serve directly and which third device the at least one first device will serve).
wherein the first information obtaining step comprises: requiring the at least one first device to remove or not to forward the signals transmitted by the second device for the third devices to report the reception quality (Wang, Par. 66, “Based on the measurement results … determines whether to perform path switch”, note that the based on channel information, if the direct path to the base station is better quality, it switches the base station path, and removes the relay path between the base station the relay station. Further note that when the signal quality in a direct connection between UE1 and Base station is good, the Relay station does not need to relay the message between them, and it switches the relay path to a direct path. Switching relay path and replacing by direct path is equivalent to not using the relay station to not forward the signals transmitted by the base station to UE1).
Wang does not explicitly disclose the method is performed by the second device.
In an analogous art, Youn discloses a control method, in which at least one first device is used to amplify cellular communication signals between a second device and a plurality of third devices in a network (FIG. 1 and Par. 31, “a relay system according to one embodiment of the present invention comprises adding candidate relay information to channel status information periodically transmitted to a base station from the mobile station if a downlink signal quality value between the mobile station and the base station is less than a threshold value and a downlink signal quality value between at least one candidate relay station and the mobile station is higher than the downlink signal quality value between the mobile station and the base station; transmitting a report request message to the mobile station … the report response message including downlink signal quality information between the at least one candidate relay station and the mobile station; transmitting information of a relay station selected by the base station to the mobile station through a relay path indicator”).
Youn also discloses the method is performed by the second device (FIG. 5, steps 503Par. 88, “the mobile station determines the path based on the information included in the relay path indicator and receives data from the base station (515)”, “if the current channel status between the base station and the mobile station is more excellent than the case where the relay is used or if the base station intends to provide a direct service to the mobile station (508), the base station transmits the relay path indicator to the existing relay (RS#1), wherein the relay path indicator includes information of direct communication between the base station and the mobile station and time for receiving data from the corresponding base station (513)”, note that if the signal quality and strength between the MS#1 (mobile station and equivalent to second device) and the serving BS is good, the MS#1 choose the Serving BS for direct communication. Further if the signal quality and strength between the MS#1 and RS#1 (relay station #1), the MS#3 determines the relay path).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Wang by incorporating the teachings of Youn so that the UE would make the selection of the connection (whether through the relay or not, based on link quality), as taught by Youn, for the purpose of relieving the base station of the additional duties and thus expediting the link selection. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Referring to claim 3, the combination of Wang/Youn discloses the method according to claim 1, wherein the second information obtaining step comprises: generating a data containing a repeater identifier (RID) assigned to each of the at least one first device, and allocating one or more resource blocks for each of the at least one first device to transmit a signal containing the RID; requiring the at least one first device to transmit the signal containing the RID on the resource block; and instructing each of the third devices to reply whether the transmitted signal containing the RID is received and corresponding reception quality of the forwarded signal if received (Wang, Par. 93, 96, 98, “the relay identifier refers to an identifier of the relay UE”, “the measurement information includes: PC5 RSRP/RSRQ/RSSI measurement values, a relay identifier, and a relay serving cell identifier.”, “measurement result information includes at least one of: PC5 RSRP, PC5 RSRQ, and PC5 RSSI measurement values, a relay identifier,”, note that the relay identifier is equivalent to “repeater identifier (RID). Further, note that relay identifier is the RID and it is required and transmitted for identifying the relay terminals. Further, figure 3 shows packets 3-6 transmitted between UE and NW, and paragraph 34 describes the resources allocated for each of the first device or relay device for allowing communication with the UE according to RRC protocols).
Referring to claim 5, the combination of Wang/Youn discloses the method according to claim 1, wherein the determining step comprises: if the reception quality reported by the third device for the signals transmitted by the second device is higher than a threshold, determining the second device to serve the third device; and if the reception quality reported by one of the third devices for the signals transmitted by the second device is lower than the threshold, assigning one of the at least one first device, whose reception quality is reported by the one third device, to serve the one third device (Wang, Par. 45, 48, “the link quality of the second link being higher than the second threshold of the link qual”, “in response to the link quality of the first link (Uu link) being lower than the first threshold of the link quality of the first link (for a Uu interface link), switching to the second link can be performed”, “in response to the … first link being the first preset ToS (for example, data of some types of services need to be transmitted through a PC5 interface), switching to the second link can be performed; and in response to the link quality of the second link (PC5 link) being higher than the threshold of the PC5 interface link quality of the second link, switching to the second link can be performed,” note that the link quality of both relay device and base station is compared to their respective thresholds, and in response to the particular link being higher than the respective threshold, that stronger link is selected).
Referring to claim 6, the combination of Wang/Youn discloses the method according to claim 5, wherein the determining step further comprises: if the reception quality reported by one of the third devices for the signals transmitted by the second device is lower than the threshold, assigning one of the at least one first device, whose reception quality reported by the one third device is qualified, to serve the one third device (Wang, Par. 145, 45, 48, “ path switching criteria include at least one of: a first threshold of link quality of the first link; a first preset ToS; or a threshold of PC5 interface link quality of the second link”, “the link quality of the second link being higher than the second threshold of the link qual”, “in response to the link quality of the first link (Uu link) being lower than the first threshold of the link quality of the first link (for a Uu interface link), switching to the second link can be performed”, “in response to the … the first link being the first preset ToS (for example, data of some types of services need to be transmitted through a PC5 interface), switching to the second link can be performed; and in response to the link quality of the second link (PC5 link) being higher than the threshold of the PC5 interface link quality of the second link, switching to the second link can be performed,” note that the link quality of both relay device and base station is compared and the link that is stronger is selected. Here, the stronger link is qualified for the communication and once the stronger link is identified, the stronger link is selected for communication).
Referring to claim 7, the combination of Wang/Youn discloses the method according to claim 1, wherein the reception quality comprises at least one of received signal strength (RSS) and signal-to-noise ratio (SNR) (Wang, ar, 88, 96, 98, “RSSI”, “received signal strength”, note at least the received signal strength is disclosed based on broad interpretation of the alternative claim language).
Referring to claim 8, the combination of Wang/Youn discloses the method according to claim 1, further comprising: instructing the at least one first device to selectively forward a signal received by the at least one first device on a dedicated resource allocated by the network (Wang, Par, 8, 34, 38, 40, 48, 100, “data are forwarded to the target node through the relay”, “switching instruction information”, “ instructs the relay to forward data for the UE1, specifically including at least one of: a relay forwarding indication”, “send path switching configuration information to a first UE, and a data transmission module configured to transmit data with the first UE”, Par. 34, “data are forwarded to the target node through the relay”, “data packet”, note that the relay station is instructed to forward or relay to the destination. Further, with regard to using dedicated resource, note data is forward through the relay to the destination, and data is inherently transmitted by dedicated data resources).
Referring to claim 10, the combination of Wang/Youn discloses the method according to claim 1, further comprising: instructing the at least one first device to receive control information on a control channel, for determining which third device the second device will serve directly and which third device the at least one first device will serve (Wang, Par. 64, 100, “ instructs the relay to forward data for the UE1, specifically including at least one of: a relay forwarding indication,” “UE1 instructing the base station to perform path switch or the base station making a decision to instruct the UE1 to perform path switch”, note that the UE (second device), the relay node (first device) and the base station (third device) communicate and inform each other about path switching and identify the strong path above the threshold signal power, the base station and the UE instruct the relay node whether to relay or not relay, thus, the instructions that identify relay option include the indication that indicates which third device would be able to server the UE directly).
Referring to claim 11, a second device, wirelessly connecting with at least one first device used to amplify cellular communication signals between the second device and a plurality of third devices in a network (FIG. 1 and 3-5, Par. 26, “UE-to-base station relay transmission. UE relay transmission in an area with weak coverage or no coverage, as shown in Mode 1 in FIG. 1, allows UE1 with poor signal quality or no network coverage to communicate with a network through UE2 with network coverage nearby, so that operators can expand coverage and improve capacity”, note that figures 1 and 3-5 show the UE1 communicates with the relay 1 device or directly with the base station (NW)”. Note that in figure 3, the “Relay 1” is equivalent to the first device, the UE1 is equivalent to the second device and the NW (which is the network side or base station) is the third device. Here, first device provides relaying service between second device and third device), the second device comprising a memory and a processor coupled to the memory, the processor configured to call and run program instructions stored in a memory (Par. 226, “a processor 510 and a storage apparatus 520. There may be one or more processors in the communication node”) to: obtain first information on which third devices the second device can directly serve and reception quality reported by the third devices for signals transmitted by the second device (FIG. 1, 3-5, Par. 35, 43, 49, “informs the UE1 of a level indication of the link quality between the relay and the base station”, “The path switching criteria include at least one of: a first threshold of link quality of the first link; a first preset ToS; or a threshold of PC5 interface link quality of the second link”, “In response to the UE1 entering the coverage of a base station and establishes RRC connection, a service forwarded through the relay can be forwarded to a Uu link and directly transmitted to a base station, where a base station of the UE1 and a base station of the relay may be the same base station or different base stations.” Note that the indication that informs the UE1 of link quality is equivalent to the first information);
obtain second information on which third devices the at least one first device can serve and reception quality reported by the third devices for signals transmitted by the at least one first device (Par. 45, 49, 63, “informs the UE1 of the link quality between the relay and the base station through a PC5 RRC signaling message, or informs the UE1 of a level indication of the link quality between the relay and the base station (for example, indicating that the link quality is above or below the third threshold of the link quality, or the quality is excellent, medium or poor)”, “in response to the link quality of the first link (Uu link) being lower than the first threshold of the link quality of the first link (for a Uu interface link), switching to the second link can be performed,”, “ Remote UE selects the 5G ProSe UE-to-Network Relay based on the information received in step 1.” note that that the UE obtain information regarding link quality between relay station and the base station, which reads on reception quality reported for signals transmitted by the at least one first device); and based on the first information and the second information, determining which third device the second device will serve directly and which third device the at least one first device will serve (Par. 45, 57, “In this embodiment, for the above Situation 1, in response to the link quality of the first link (Uu link) being lower than the first threshold of the link quality of the first link (for a Uu interface link), switching to the second link can be performed, where the first threshold of the link quality may include a certain hysteresis value; in response to the ToS of the first link being the first preset ToS (for example, data of some types of services need to be transmitted through a PC5 interface), switching to the second link can be performed; and in response to the link quality of the second link (PC5 link) being higher than the threshold of the PC5 interface link quality of the second link, switching to the second link can be performed”, note that based on channel quality between the Relay station to UE and the channel quality between UE and the base station, the link with better quality is selected for communication, which reads on language: based on the first information and the second information, determining which third device the second device will serve directly and which third device the at least one first device will serve); wherein the first information obtaining step comprises: requiring the at least one first device to remove or not to forward the signals transmitted by the second device for the third devices to report the reception quality (Wang, Par. 66, “Based on the measurement results … determines whether to perform path switch”, note that the based on channel information, if the direct path to the base station is better quality, it switches the base station path, and removes the relay path between the base station the relay station. Further note that when the signal quality in a direct connection between UE1 and Base station is good, the Relay station does not need to relay the message between them, and it switches the relay path to a direct path. Switching relay path and replacing by direct path is equivalent to not using the relay station to not forward the signals transmitted by the base station to UE1).
Wang does not explicitly disclose the method is performed by the second device. wherein the first information obtaining step comprises: requiring the at least one first device to remove or not to forward the signals transmitted by the second device for the third devices to report the reception quality (Wang, Par. 66, “Based on the measurement results … determines whether to perform path switch”, note that the based on channel information, if the direct path to the base station is better quality, it switches the base station path, and removes the relay path between the base station the relay station. Further note that when the signal quality in a direct connection between UE1 and Base station is good, the Relay station does not need to relay the message between them, and it switches the relay path to a direct path. Switching relay path and replacing by direct path is equivalent to not using the relay station to not forward the signals transmitted by the base station to UE1).
In an analogous art, Youn discloses a control method, in which at least one first device is used to amplify cellular communication signals between a second device and a plurality of third devices in a network (FIG. 1 and Par. 31, “a relay system according to one embodiment of the present invention comprises adding candidate relay information to channel status information periodically transmitted to a base station from the mobile station if a downlink signal quality value between the mobile station and the base station is less than a threshold value and a downlink signal quality value between at least one candidate relay station and the mobile station is higher than the downlink signal quality value between the mobile station and the base station; transmitting a report request message to the mobile station … the report response message including downlink signal quality information between the at least one candidate relay station and the mobile station; transmitting information of a relay station selected by the base station to the mobile station through a relay path indicator”).
Youn also discloses the method is performed by the second device (FIG. 5, steps 503Par. 88, “the mobile station determines the path based on the information included in the relay path indicator and receives data from the base station (515)”, “if the current channel status between the base station and the mobile station is more excellent than the case where the relay is used or if the base station intends to provide a direct service to the mobile station (508), the base station transmits the relay path indicator to the existing relay (RS#1), wherein the relay path indicator includes information of direct communication between the base station and the mobile station and time for receiving data from the corresponding base station (513)”, note that if the signal quality and strength between the MS#1 (mobile station and equivalent to second device) and the serving BS is good, the MS#1 choose the Serving BS for direct communication. Further if the signal quality and strength between the MS#1 and RS#1 (relay station #1), the MS#3 determines the relay path).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the invention of Wang by incorporating the teachings of Youn so that the UE would make the selection of the connection (whether through the relay or not, based on link quality), as taught by Youn, for the purpose of relieving the base station of the additional duties and thus expediting the link selection. Further, this an example of use of known technique to improve similar devices, methods or products in the same way. MPEP 2143.
Referring to claim 13, the combination of Wang/Youn discloses the second device according to claim 11, wherein the processor is further configured to call and run the program instructions to: generate a data containing a repeater identifier (RID) assigned to each of the at least one first device, and allocate a resource block for each of the at least one first device to transmit a signal containing the RID; require the at least one first device to transmit the signal containing the RID on the resource block; and instruct each of the third devices to reply whether the transmitted signal containing the RID is received and corresponding reception quality of the forwarded signal if received (Wang, Par. 93, 96, 98, “the relay identifier refers to an identifier of the relay UE”, “the measurement information includes: PC5 RSRP/RSRQ/RSSI measurement values, a relay identifier, and a relay serving cell identifier.”, “measurement result information includes at least one of: PC5 RSRP, PC5 RSRQ, and PC5 RSSI measurement values, a relay identifier,”, note that the relay identifier is equivalent to “repeater identifier (RID). Further, note that relay identifier is the RID and it is required and transmitted for identifying the relay terminals. Further, figure 3 shows packets 3-6 transmitted between UE and NW, and paragraph 34 describes the resources allocated for each of the first device or relay device for allowing communication with the UE according to RRC protocols).
Referring to claim 15, the combination of Wang/Youn discloses the second device according to claim 11, wherein the processor is further configured to call and run the program instructions to: if the reception quality reported by the third device for the signals transmitted by the second device is higher than a threshold, determine the second device to serve the third device; and if the reception quality reported by one of the third devices for the signals transmitted by the second device is lower than the threshold, assign one of the at least one first device, whose reception quality is reported by the one third device, to serve the one third device (Wang, Par. 45, 48, “the link quality of the second link being higher than the second threshold of the link qual”, “in response to the link quality of the first link (Uu link) being lower than the first threshold of the link quality of the first link (for a Uu interface link), switching to the second link can be performed”, “in response to the … the first link being the first preset ToS (for example, data of some types of services need to be transmitted through a PC5 interface), switching to the second link can be performed; and in response to the link quality of the second link (PC5 link) being higher than the threshold of the PC5 interface link quality of the second link, switching to the second link can be performed,” note that the link quality of both relay device and base station is compared to their respective thresholds, and in response to the particular link being higher than the respective threshold, that stronger link is selected).
Referring to claim 16, the combination of Wang/Youn discloses the second device according to claim 15, wherein the processor is further configured to call and run the program instructions to: if the reception quality reported by one of the third devices for the signals transmitted by the second device is lower than the threshold, assign one of the at least one first device, whose reception quality reported by the one third device is qualified, to serve the one third device (Wang, Par. 145, 45, 48, “ path switching criteria include at least one of: a first threshold of link quality of the first link; a first preset ToS; or a threshold of PC5 interface link quality of the second link”, “the link quality of the second link being higher than the second threshold of the link qual”, “in response to the link quality of the first link (Uu link) being lower than the first threshold of the link quality of the first link (for a Uu interface link), switching to the second link can be performed”, “in response to the … the first link being the first preset ToS (for example, data of some types of services need to be transmitted through a PC5 interface), switching to the second link can be performed; and in response to the link quality of the second link (PC5 link) being higher than the threshold of the PC5 interface link quality of the second link, switching to the second link can be performed,” note that the link quality of both relay device and base station is compared and the link that is stronger is selected. Here, the stronger link is qualified for the communication).
Referring to claim 17, the combination of Wang/Youn discloses the second device according to claim 11, wherein the reception quality comprises at least one of received signal strength (RSS) and signal-to-noise ratio (SNR) (Wang, Par, 88, 96, 98, “RSSI”, “received signal strength”, note at least the received signal strength is disclosed based on broad interpretation of the alternative claim language).
Referring to claim 18, the combination of Wang/Youn discloses the second device according to claim 11, wherein the processor is further configured to call and run the program instructions to: instruct the at least one first device to selectively forward a signal received by the at least one first device on a dedicated resource allocated by the network (Wang, Par, 8, 34, 38, 40, 48, 100, “data are forwarded to the target node through the relay”, “switching instruction information”, “ instructs the relay to forward data for the UE1, specifically including at least one of: a relay forwarding indication”, “send path switching configuration information to a first UE, and a data transmission module configured to transmit data with the first UE”, Par. 34, “data are forwarded to the target node through the relay”, “data packet”, note that the relay station is instructed to forward or relay to the destination. Further, with regard to using dedicated resource, note data is forward through the relay to the destination, and data is inherently transmitted by dedicated data resources).
Referring to claim 20, claim 20 is rejected for the same reasons as recited above in the rejection of claim 1. With regard to non-transitory computer readable medium, paragraph 226 describes a processor 510 and a storage apparatus 520 and there may be one or more processors in the communication node. Further, paragraph 233 describes a non-transitory computer-readable storage medium including computer-executable instructions which, when executed by a computer processor, cause the computer processor to perform a path switching method or path switching configuration of method 1 (see the rejection of claim 1 and Wang’s paragraph 233).
Allowable Subject Matter
Claim(s) 4, 9, 14 and 19 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is the examiner’s statement of reasons for allowance:
Regarding claims 4 and 14:The prior art fails to disclose or suggest the limitations “wherein the processor is further configured to call and run the program instructions to: using repeater IDs to generate different pseudo-noise (PN) sequences for the at least one first device, in which the PN sequences are used to identify the at least one first device; require the at least one first device to transmit a signal modulated with the PN sequence; and instruct each of the third devices to reply whether the transmitted signal by the at least one first device is received and corresponding reception quality of the transmitted signal if received”, as recited in claims 4 and 14 along with the limitations of the intermediate and/or base claims.
Regarding claims 9 and 19:
The prior art fails to disclose or suggest the limitations “wherein the processor is further configured to call and run the program instructions to: instruct the at least one first device to directly forward a selective repeating signal after introducing a group delay”, as recited in claims 9 and 19 along with the limitations of the intermediate and/or base claims.
Response to Arguments
Applicant’s arguments submitted 04/02/2026 have been fully considered but are not persuasive.
Applicant argues the following:
Applicant respectfully submits that the subject matter of independent claim 1 of the subject application cannot be rendered obvious by Wang and Youn.
Wang discloses the following: "In an embodiment, the first link is a link for direct communication with the target node, the second link is a link for communication with the target node through a relay, and the target node is a base station. The path switching critcria include at least one of: a first threshold of link quality of the first link; a first preset ToS; or a threshold of PC5 interface link quality of the second link." (PARA [0043])
"the relay informs the UE1 of the link quality between the relay and the base station through a PC5 RRC signaling message, or informs the UE1 of a level indication of the link quality between the relay and the base station (for example, indicating that the link quality is above or below the third threshold of the link quality, or the quality is excellent, medium or poor)" (PARA [0049])
More specifically, the Examiner indicated that Wang teaches the feature of the subject application "wherein the first information obtaining step comprises: requiring the at least one first device to remove or not to forward the signals transmitted by the second device for the third devices to report the reception quality" by referring to PARA [0066] of Wang, which is recited "[b]ased on the measurements determines whether to perform path switch".
The Examiner noted that according to Wang, based on channel information, if the direct path to the base station is better quality, it switches the base station path, and removes the relay path between the base station and the relay station. However, such disclosure in Wang pertains only to a path switching decision made after link-quality evaluation. In contrast, the presently claimed feature is directed to a specific operation performed during the first information obtaining step, namely, the second device (i.e., the base
station) requires the at least one first device (i.e., the repeater or relay) to remove or refrain from forwarding the signals transmitted by the second device, SO that the third devices (i.e., user equipment) can report reception quality for the signals transmitted directly by the second device.
By contrast, Wang does NOT disclose that the base station or second device instructs the relay, repeater, or first device to stop forwarding the second device's signals for the purpose of enabling the third devices to report reception quality of the second device's direct transmission. Wang merely discloses that a path switch may be performed when the direct path is better. Such path switching is fundamentally different from the claimed measurement-oriented control mechanism. In Wang, the alleged "removal" of the relay path occurs as part of communication path reconfiguration; it is NOT disclosed as part of obtaining the first information (i.e., which third devices the second device can directly serve and reception quality reported by the third devices for the signals transmitted by the second device), and it is NOT disclosed as being performed so that user equipments or terminal devices can report reception quality in the absence of forwarded signals.
Examiner Response
Examiner respectively disagrees with the above arguments and asserts that during patent examination, the claims are given the broadest reasonable interpretation. See MPEP § 2111 - § 2116.01 for case law pertinent to claim analysis. A prima facie case of unpatentability is established when the information compels a conclusion that a claim is unpatentable under the preponderance of evidence, burden-of-proof standard, giving each term in the claim its broadest reasonable construction, and before any consideration is given to evidence which may be submitted in an attempt to establish a contrary conclusion of patentability. 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).
Specifically, examiner notes that the features upon which the applicant relies (e.g., the second device (i.e., the base station) requires the at least one first device (i.e., the repeater or relay) to remove or refrain from forwarding the signals transmitted by the second device, SO that the third devices (i.e., user equipment) can report reception quality for the signals transmitted directly by the second device) are not cited in the rejected claims. 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).
Further, the features “the base station or second device instructs the relay, repeater, or first device to stop forwarding the second device's signals for the purpose of enabling the third devices to report reception quality of the second device's direct transmission” is not cited in the rejected claims. In fact, there is not mention of command or instruction by the second device or base station.
Further, obtaining the first information is not the same as receiving the first information. Based on a broad interpretation, the first information could have been obtained (e.g., derived) from evaluating signal qualities and based on evaluation, a decision of route switching being made.
Based on another broad interpretation, the limitation, “wherein the first information obtaining step comprises: requiring the at least one first device to remove or not to forward the signals transmitted by the second device for the third devices”, could be interpreted to removing the relay path and replacing it with direct path when the signal quality is good.
Now the limitation, “to report the reception quality”, at the end, is simply an intended usage of time.
Applicant may amend the claims to specifically indicate a command or instruction is being sent to the repeater by one of the other devices instructing it to stop forwarding the second device's signals for the purpose of enabling the third devices to report reception quality of the second device's direct transmission.
Applicant further Argues the following:
Youn discloses the following in PARA [0088]:
"if the current channel status between the base station and the mobile station is more excellent than the case where the relay is used or if the base station intends to provide a direct service to the mobile station (508), the base station transmits the relay path indicator to the existing relay (RS#1), wherein the relay path indicator includes information of direct communication between the base station and the mobile station and time for receiving data from the corresponding base station (513)"
"the mobile station determines the path based on the information included in the relay path indicator and receives data from the base station (515)"
Applicant respectfully submits that the subject application is non-obvious over the combination of Wang and Youn.
Examiner Response
The examiner respectfully disagrees with the above arguments and asserts that applicant is attacking reference Youn individually. MPEP section 2145 section IV under “ARGUING AGAINST REFERENCES INDIVIDUALLY” states that “one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references.” In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Firstly, Youn is not relied on by the examiner for rejecting the limitation “wherein the first information obtaining step comprises: requiring the at least one first device to remove or not to forward the signals transmitted by the second device for the third devices to report the reception quality”. Thus, applicant’s arguments are irrelevant. Further, Wang teaches the above feature. See Wang, Par. 66, “Based on the measurement results … determines whether to perform path switch”, note that the based on channel information, if the direct path to the base station is better quality, it switches the base station path, and removes the relay path between the base station the relay station. Further note that when the signal quality in a direct connection between UE1 and Base station is good, the Relay station does not need to relay the message between them, and it switches the relay path to a direct path. Switching relay path and replacing by direct path is equivalent to not using the relay station to not forward the signals transmitted by the base station to UE1.
Applicant further argues the following:
As discussed above, Wang is primarily directed to UE-side path switching, i.e., a UE determines whether to communicate with a base station through a direct link or through a relay-assisted link according to link quality. Youn likewise concerns path selection between a base station and a mobile station, and further discloses that the base station may transmit a relay path indicator so that the mobile station determines the path based on the indicated information. Thus, both Wang and Youn are directed to selecting or switching a communication path for a terminal. By contrast, the present application is directed to a different technical concept, namely, enabling the base station or second device to obtain reliable first information and second information and, based thereon, determine which user equipments or third devices are to be directly served by the base station or second device and which third devices are to be served by the at least one repeater or first device.
More particularly, neither Wang nor Youn discloses or suggests the claimed feature that "the first information obtaining step comprises: requiring the at least one first device to remove or not to forward the signals transmitted by the second device for the third devices to report the reception quality." In the claimed invention, this feature is not merely related to changing a communication path. Rather, it defines a specific measurement- oriented control mechanism in which the second device causes the first device to suspend forwarding of the second device's signals, SO that the third devices can report reception quality corresponding to signals directly transmitted by the second device, without contamination from forwarded or amplified versions of the same signals. This operation enables the second device to obtain first information that accurately reflects the direct-service capability of the second device itself, which is then used together with second information to allocate service responsibilities between the second device and the at least one first device. Wang does NOT cure this deficiency. Even if Wang discloses that, based on measurement results, a path switch may be performed and a relay path may be removed when a direct path is better, such disclosure only relates to path switching after link evaluation. Wang does NOT disclose that, during acquisition of direct-link quality information, the second device instructs the first device to remove or refrain from forwarding the second device's signals so that third devices can report reception quality for direct transmissions only. The alleged "removal" in Wang is therefore part of communication path reconfiguration, not part of establishing a measurement condition for obtaining first information. Youn also does NOT remedy the missing teaching. Youn merely states that the mobile station determines a path based on information included in a relay path indicator and that, when the current channel status between the base station and the mobile station is better than when a relay is used, or when the base station intends to provide direct service, the base station transmits a relay path indicator including information on direct communication and timing for receiving data from the base station. This disclosure may, at most, indicate that the base station participates in informing a relay-assisted or direct path selection. However, Youn still does NOT disclose that the base station requires the relay or first device to stop forwarding the base station's own signals for the purpose of allowing terminal devices to measure and report direct reception quality. The relay path indicator of Youn is a path indication mechanism, not a measurement-isolation mechanism. Accordingly, even if Wang and Youn were combined, the combination would at most suggest selecting or switching between a direct path and a relay path, possibly with path- related signaling from the base station. The combination still would NOT teach or suggest the claimed step of requiring the at least one first device to remove or not to forward the signals transmitted by the second device for the third devices to report the reception quality. Nor would such a combination suggest using that operation as part of obtaining first information for subsequently determining, among a plurality of third devices, which are to be directly served by the second device and which are to be served by the at least one first device. The present application therefore introduces a different operation and a different technical purpose from those of Wang and Youn.
Further, there is no apparent motivation for a person skilled in the art to modify Wang in view of Youn SO as to arrive at the claimed invention. Both references are concerned with path decision or path switching for a terminal device after considering channel or link information. Neither reference recognizes the problem addressed by the present application, namely, that forwarded signals from the first device may interfere with or distort reception-quality reporting intended to reflect the direct transmission capability of the second device. Because Wang and Youn do not identify this problem, they also do not provide any teaching or suggestion to suppress forwarding by the first device during the first information obtaining step. The claimed solution, and the technical effect achieved thereby, would therefore not have been obvious from the cited references.
Examiner Response
Applicant’s arguments do not take into account what the collective teachings of the prior art would have suggested to one of ordinary skill in the art. As the Court stated in re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981):
The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary references; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art.
Firstly, examiner respectfully disagrees with the applicant’s characterization of Wang and Youn. Contrary to applicant’s opinion and interpretation of Wang, Wang discloses the limitation, “requiring the at least one first device to remove or not to forward the signals transmitted by the second device for the third devices to report the reception quality” (see Wang, Par. 66, “Based on the measurement results … determines whether to perform path switch”, note that the based on channel information, if the direct path to the base station is better quality, it switches the base station path, and removes the relay path between the base station the relay station. Further note that when the signal quality in a direct connection between UE1 and Base station is good, the Relay station does not need to relay the message between them, and it switches the relay path to a direct path. Switching relay path and replacing by direct path is equivalent to not using the relay station to not forward the signals transmitted by the base station to UE1).
Further, developments in the law of obviousness are to be expected in view of KSR. Court further stated that: When a work is available in one field of endeavor, design incentives and other market forces can prompt variations of it, either in the same field or a different one. If a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability. For the same reason, if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. Id. at ___, 82 USPQ2d at 1396. See MPEP 2141.
Examiner asserts that based on the facts evidenced in the applied references and knowledge of the one the ordinary skill in the art, one skilled in the art would have recognized (1) all the claims elements were found in the prior art, although not necessarily in the same reference, (2) one of the ordinary skill in the art would have combined the findings in the format claimed, and in combination, each element merely performs the same function as it does separately and (3) one of the ordinary skill in the art would have recognized that the results of the combination were predictable.
Further, examiner assets that the references Wang and Youn both disclose the relevant features of claimed invention, e.g., relaying and stopping relaying based on signal quality, and it has been held that a prior art reference must either be in the field of applicant’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the applicant was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, both Wang and Youn teaches that features of relaying and when to relay and not to relay. Further, the examiner recognizes that obviousness can only be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988) and In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). In this case, both references disclose the same principles of relaying.
Thus, based on the facts evidenced in the applied references and knowledge of the one the ordinary skill in the art, one skilled in the art would have recognized (1) all the claims elements were found in the prior art, although not necessarily in the same reference, (2) one of the ordinary skill in the art would have combined the findings in the format claimed, and in combination, each element merely performs the same function as it does separately and (3) one of the ordinary skill in the art would have recognized that the results of the combination were predictable.
Conclusion
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 Fred Casca, whose telephone number is (571) 272-7918. The examiner can normally be reached on Monday through Friday from 9 to 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, Kathy Wang-Hurst, can be reached at (571) 270-5371. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/FRED A CASCA/Primary Examiner, Art Unit 2644
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