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 INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
For claim 20, claim limitations “means for identifying”, “means for selecting”, and “means for transmitting” have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder “means for” coupled with functional language “identifying”, “selecting”, and “transmitting” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitations invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 20 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: Figure 2 and Figure 9.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitations treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim so that it will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1-5, 9-13, 15, and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhou et al. (US 2025/0106785 A1; hereafter ZHOU).
With respect to claim 1, ZHOU discloses a method of wireless communication (Abstract; Title) by a wireless device (100 in FIG. 1; paragraph [0103]), comprising:
identifying a region in which the wireless device is located (S101, S102, S103 in FIG. 9);
identifying an indication, associated with the identified region, of whether to apply one or more exception values or one or more default values, associated with one or more parameters for radio frequency (RF) exposure compliance (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]);
selecting the one or more exception values based on the indication (FIG. 8; paragraph [0088]); and
transmitting a signal at a transmit power based at least in part on the selected one or more exception values (S205 in FIG. 10).
With respect to claim 2, ZHOU further discloses the method of claim 1, wherein the indication includes a tag associated with a particular set of the one or more exception values among a plurality of sets of the one or more exception values (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 3, ZHOU further discloses the method of claim 2, wherein selecting the one or more exception values comprises selecting the particular set of the one or more exception values based on a value of the tag corresponding to the particular set (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 4, ZHOU further discloses the method of claim 2, wherein: a presence of the tag for the identified region in a look-up table indicates to apply the one or more exception values; and an absence of the tag for the identified region in the look-up table indicates to apply the one or more default values (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 5, ZHOU further discloses the method of claim 1, wherein:
identifying the indication comprises searching for the indication in a first look-up table mapping the region to
a second look-up table ([TABLE 2]) comprising the one or more exception values and the one or more default values (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]);
selecting the one or more exception values comprises
selecting the one or more exception values in the second look-up table ([TABLE 2]) when the indication indicates to apply the one or more exception values (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]); and
the method further comprises selecting the one or more default values in the second look-up table ([TABLE 2]) when the indication indicates to apply the default values (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 9, ZHOU further discloses the method of claim 1, wherein the one or more exception values are derived from measurements of RF exposure under one or more different test conditions than the one or more default values (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 10, ZHOU further discloses the method of claim 9, wherein the one or more different test conditions include a different separation distance between the wireless device and human tissue (FIG. 1) or a model of human tissue (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 11, ZHOU further discloses the method of claim 1, wherein the one or more exception values are derived from different device usage states or physical configuration states than the one or more default values (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 12, ZHOU further discloses the method of claim 1, wherein the one or more exception values are associated with a particular exposure scenario (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 13, ZHOU further discloses the method of claim 12, wherein the particular exposure scenario includes body-worn exposure (101, 104 in FIG. 1).
With respect to claim 15, ZHOU further discloses the method of claim 1, further comprising receiving a table comprising the one or more exception values and the one or more default values, and storing information in a memory of the wireless device based on the received table, wherein the selecting comprises selecting the one or more exception values using the stored information (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 17, ZHOU discloses an apparatus (100 in FIG. 1; paragraph [0103]) for wireless communication (Abstract; Title), comprising:
one or more memories (121 in FIG. 3) collectively storing executable instructions; and
one or more processors (110 in FIG. 3) coupled to the one or more memories, the one or more processors being collectively configured to execute the executable instructions to cause the apparatus to:
identify a region in which the apparatus is located (S101, S102, S103 in FIG. 9);
identify an indication, associated with the identified region, of whether to apply one or more exception values or one or more default values, associated with one or more parameters for radio frequency (RF) exposure compliance (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]);
select the one or more exception values based on the indication (FIG. 8; paragraph [0088]); and
control transmission of a signal at a transmit power based at least in part on the selected one or more exception values (S205 in FIG. 10).
With respect to claim 18, ZHOU further discloses the apparatus of claim 17, wherein the indication includes a tag associated with a particular set of the one or more exception values among a plurality of sets of the one or more exception values (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 19, ZHOU further discloses the apparatus of claim 18, wherein:
a presence of the tag for the identified region in a look-up table indicates to apply the one or more exception values; and an absence of the tag for the identified region in the look-up table indicates to apply the one or more default values (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
With respect to claim 20, ZHOU discloses an apparatus (100 in FIG. 1; paragraph [0103]) for wireless communication (Abstract; Title), comprising:
means (110 in FIG. 3) for identifying a region in which the apparatus is located (S101, S102, S103 in FIG. 9);
means (110 in FIG. 3) for identifying an indication, associated with the identified region, of whether to apply one or more exception values or one or more default values, associated with one or more parameters for radio frequency (RF) exposure compliance (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]);
means (110 in FIG. 3) for selecting the one or more exception values based on the indication (FIG. 8; paragraph [0088]); and
means (150, 160 in FIG. 3) for transmitting a signal at a transmit power based at least in part on the selected one or more exception values (S205 in FIG. 10).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6-8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over ZHOU in view of ROUAISSIA et al. (US 2021/0266393 A1; hereafter ROUAISSIA).
With respect to claim 6, ZHOU further discloses the method of claim 5, wherein the second look-up table maps a plurality of frequency bands, radio access technologies, antennas, antenna groups, or any combination thereof to one or more maximum transmit powers corresponding to different RF exposure scenarios (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
ZHOU does not disclose maximum time-averaged transmit power.
ROUAISSIA discloses maximum time-averaged transmit power (paragraphs [0006] and [0008]).
ROUAISSIA teaches the benefit of controlled exposure to wireless device end users (paragraphs [0004] and [0005]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the averaging and standards as taught by ROUAISSIA in the method of ZHOU to produce an expected result.
With respect to claim 7, ZHOU further discloses the method of claim 1, wherein the one or more exception values represent exceptions to maximum transmit powers corresponding to at least one of guidelines or regulations for limiting human exposure to RF energy (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
ZHOU does not disclose maximum time-averaged transmit power.
ROUAISSIA discloses maximum time-averaged transmit power (paragraphs [0006] and [0008]).
ROUAISSIA teaches the benefit of controlled exposure to wireless device end users (paragraphs [0004] and [0005]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the averaging and standards as taught by ROUAISSIA in the method of ZHOU to produce an expected result.
With respect to claim 8, ZHOU does not disclose the method of claim 7, wherein the guidelines include guidelines as provided by the International Commission on Non-Ionizing Radiation Protection (ICNIRP) or specifications as provided by a regulator.
ROUAISSIA discloses wherein the guidelines include guidelines as provided by the International Commission on Non-Ionizing Radiation Protection (ICNIRP) or specifications as provided by a regulator (paragraphs [0006] and [0008]).
ROUAISSIA teaches the benefit of controlled exposure to wireless device end users (paragraphs [0004] and [0005]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the averaging and standards as taught by ROUAISSIA in the method of ZHOU to produce an expected result.
With respect to claim 14, ZHOU further discloses the method of claim 1, wherein the one or more parameters for RF exposure compliance include a maximum transmit power associated with an RF exposure limit (FIG. 8; S202, S203, S204 in FIG. 10; [TABLE 1]; paragraphs [0038] and [0039]).
ZHOU does not disclose maximum time-averaged transmit power.
ROUAISSIA discloses maximum time-averaged transmit power (paragraphs [0006] and [0008]).
ROUAISSIA teaches the benefit of controlled exposure to wireless device end users (paragraphs [0004] and [0005]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the averaging and standards as taught by ROUAISSIA in the method of ZHOU to produce an expected result.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over ZHOU in view of GAO (US 2023/0362832 A1)
With respect to claim 16, ZHOU does not disclose the method of claim 1, wherein the region is identified based on a received mobile country code (MCC), and wherein the indication is associated with the MCC or a list of MCCs including the received MCC.
GAO discloses wherein the region is identified based on a received mobile country code (MCC), and wherein the indication is associated with the MCC or a list of MCCs including the received MCC (paragraph [0050]).
GAO teaches the benefit of including global operator identification for power settings (paragraph [0045], [0046], and [0047]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use identification of different operators setting as taught by GAO with the method of ZHOU to produce an expected result.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian T O'Connor whose telephone number is (571)270-1081. The examiner can normally be reached Mon-Fri Flex 10am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Mui can be reached at 571-270-1420. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN T O CONNOR/Primary Examiner, Art Unit 2465 February 13, 2026