DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Office Action is in response to the submission filed 2023-10-20 (herein referred to as the Reply) where claim(s) 1-20 are pending for consideration.
Claim Objections
Claim(s) 6
With regards to:
collecting, via an artificial intelligence (AI) prediction engine (PE), additional information over time to predict a number of UEs concurrently within a WiFi coverage area of array during a periodic time window,
Based on similar claims 13, 20 it appears the paragraph should recite:
collecting, via an artificial intelligence (AI) prediction engine (PE), additional information over time to predict a number of UEs concurrently within a WiFi coverage area of the first antenna array during a periodic time window,
This appears to be a typo, so for the purposes of examination and prior art, the Examiner has examined claim 6 assuming the above such that it reads similarly as claims 13, 20.
35 USC §112(b) – Claim Rejections
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim(s) is/are rejected under 35 U.S.C. 112(b) for not particularly pointing out and distinctly claiming the subject matter of the invention.
Claim(s) 4, 11, 18 and 5, 12, 19
With regards to the element(s)
a [WiFi mode]
The claims recite at least two citations of “a(n) [element]” - either within the claim(s) itself or in a claim in which the claim(s) depend from. Consequently, when subsequent citation of “a [element]” is used, it is unclear if said subsequent citations are referring to a previous introduced element or is attempting to introduce a new, distinct element (but fails to describe it in such a manner that distinguishes it from the first citation).
Furthermore, when subsequent citations of "the [element]" are recited, it is unclear which particular “a [element]” (since there at least two previously introduced similarly named elements) is being referring to.
Dependent claims do not cure the deficiencies of the base/intervening claims as discussed herein and are therefore rejected for at least the same reasons.
35 USC §103 - Claim Rejections
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over ASHWORTH_994 (US20200212994) in view of BLACK_305 (US20220240305)
Claim(s) 1, 8, 15
ASHWORTH_994 teaches
receiving, from a user equipment (UE) via a first wireless communication channel, wireless fidelity (WiFi) signals that include UE location information indicating a location of the UE. Repeater can identify a location of the UE by receiving the location of a UE via a WiFi connection with the UE. <para. 0101>.
wherein the WiFi signals are received by a processor operably connected to a transceiver that includes a first antenna array for communication with the UE and a second antenna array for communication with a base station; Repeater includes a node antenna for communicating with base station and a device antenna for communicating with the UE via WiFi. <FIG(s). 1A, 1B, 2, 9; para. 0031-0035, 0040-0048, 0101, 0106>.
receiving, from the base station via the second antenna array, downlink information intended for the UE; and Repeater forward downlink control information from the base station to the wireless device. <FIG(s). 3; para. 0033, 0051, 0100>.
forward-transmitting, to the UE via a second wireless communication channel, the downlink information via a beam formed at the first antenna array to serve the UE at the location of the UE. Repeater forwards downlink signals from the base station received via the node antenna and forwards the downlink signals to the wireless device via the device antenna. The device antenna implicitly forms a beam to wirelessly communicate with the wireless device (e.g., using Wi-Fi protocols). <FIG(s). 1b; para. 0032-0033, 0047-0051>.
ASHWORTH_994 does not explicitly teach
transmitting, to the base station via the second antenna array, uplink data and control information that includes the UE location information;
However in a similar endeavor, BLACK_305 teaches
transmitting, to the base station via the second antenna array, uplink data and control information that includes the UE location information; Repeater sends base station a plurality of detect location for respective UE devices. <FIG(s). 1, 4; para. 0038, 0044, 0051>.
Additionally, BLACK_305 teaches
receiving, from a user equipment (UE) via a first wireless communication channel, wireless fidelity (WiFi) signals that include UE location information indicating a location of the UE, UE locations can be determined by adjusting one or more beamforming antennas of the repeater to illuminate a field of view of the wireless repeater with a succession of beams that collectively span the field of view, and then receiving, from each of the user equipment devices within the field of view, a response indicating which beam in the succession of beams corresponds to the location of that user equipment device. Accordingly, the response indication a respective UE location. <FIG(s). 1, 3; para. 0037-0038>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by ASHWORTH_994 with the embodiment(s) disclosed by BLACK_305. One of ordinary skill in the art would have been motivated to make this modification in order to extend the service area of the base station to evade the obstruction. <FIG(s). 1,2B; para. 0031>.
Claim(s) 7, 14
ASHWORTH_994 teaches
the first antenna array is configured to operate in an indoor environment; and A device antenna for communicating with the UE via WiFi can function indoors <FIG(s). 1A, 1B, 2, 9; para. 0031-0035, 0040-0048, 0101, 0106>.
the second antenna array is configured to operate in an outdoor environment. A node antenna for communicating with base station can function outdoor <FIG(s). 1A, 1B, 2, 9; para. 0031-0035, 0040-0048, 0101, 0106>.
Note: These limitations are overtly broad in that “configured to operate” has effectively no meaningful limits. Any reference that teaches a scenario in which these antennas can minimally function in an indoor/environment will teach said limitations of the claim. In other words, the Examiner has interpreted “configuration to operate in an indoor/environment” to simply require that there’s a reasonable likelihood the type of antenna would function in that environment (even if functioning terribly or non-optimally) anticipates the claims. One skilled in the art would reasonably understand that WiFi and cellular antenna can operate both indoor and outdoor – there is nothing in the protocols that exclude both environments and it is well known in the art both types of technologies can work in both environments.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over ASHWORTH_994 (US20200212994) in view of BLACK_305 (US20220240305), and further view of YOUTZ_609 (US20200274609)
Claim(s) 3, 10, 17
ASHWORTH_994 teaches
receiving the WiFi signals further comprises receiving the WiFi signals, by a third antenna array of the transceiver, via a WiFi frequency band of the first wireless communication channel; Repeater can identify a location of the UE by receiving the location of a UE via a WiFi connection with the UE. Implictly the Wi-Fi connection would use a Wi-Fi band. <para. 0101>.
ASHWORTH_994 does not explicitly teach
forward-transmitting the downlink information further comprises forward-transmitting the downlink information, by the first antenna array, via a cellular frequency band of the second wireless communication channel; and
transmitting uplink data and control information further comprises transmitting, by the second antenna array, the uplink data and control information that includes the UE location information via a third wireless communication channel.
However in a similar endeavor, BLACK_305 teaches
transmitting uplink data and control information further comprises transmitting, by the second antenna array, the uplink data and control information that includes the UE location information via a third wireless communication channel. Repeater sends, to a base station via cellular channel such as 5G, a plurality of detect location for respective UE devices. <FIG(s). 1, 4; para. 0019, 0024, 0027, 0038, 0044, 0051>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by ASHWORTH_994 with the embodiment(s) disclosed by BLACK_305. One of ordinary skill in the art would have been motivated to make this modification in order to extend the service area of the base station to evade the obstruction. <FIG(s). 1,2B; para. 0031>.
However in a similar endeavor, YOUTZ_609 teaches
forward-transmitting the downlink information further comprises forward-transmitting the downlink information, by the first antenna array, via a cellular frequency band of the second wireless communication channel; and Repeater forwards downlink signals from 5G/4G base station to a FW UE, via a cellular antenna/channel (e.g., 5G). <FIG(s). 2, 4; para. 0036-0037, 0040-0041>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by ASHWORTH_994 and BLACK_305 with the embodiment(s) disclosed by YOUTZ_609. One of ordinary skill in the art would have been motivated to make this modification in order to provide techniques to enable selecting the best available antenna beam for enabling communication between a 5G base station and a FWA device. <para. 0017>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over ASHWORTH_994 (US20200212994) in view of BLACK_305 (US20220240305), and further view of SEVINDIK_628 (US20210227628)
Claim(s) 4, 11, 18
ASHWORTH_994 teaches
the first antenna array is configured to:
receive the WiFi signals over a WiFi frequency band of the first wireless communication channel, while operating in a WiFi mode; and Repeater can identify a location of the UE by receiving the location of a UE via a WiFi connection with the UE using an device antenna in Wi-Fi channel bands. <FIG(s). 1A, 1B, 2, 9; para. 0031-0035, 0040-0048, 0101, 0106>.
ASHWORTH_994 does not explicitly teach
the first antenna array is configured to:
forward-transmit the downlink information over a cellular frequency band of the second wireless communication channel, while operating in a cellular mode; and
the method further comprises:
switching the first antenna array to operate in a WiFi mode or the cellular mode; and
transmitting, via a third wireless communication channel associated with the second antenna array, the uplink data and control information that includes the UE location information.
However in a similar endeavor, BLACK_305 teaches
transmitting, via a third wireless communication channel associated with the second antenna array, the uplink data and control information that includes the UE location information. Repeater sends, to a base station via cellular channel such as 5G, a plurality of detect location for respective UE devices. <FIG(s). 1, 4; para. 0019, 0024, 0027, 0038, 0044, 0051>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by ASHWORTH_994 with the embodiment(s) disclosed by BLACK_305. One of ordinary skill in the art would have been motivated to make this modification in order to extend the service area of the base station to evade the obstruction. <FIG(s). 1,2B; para. 0031>.
However in a similar endeavor, SEVINDIK_628 teaches
the first antenna array is configured to:
receive the WiFi signals over a WiFi frequency band of the first wireless communication channel, while operating in a WiFi mode; and CPE/FWA can operate in a Wi-F extender mode that repeats Wi-Fi signals from router to downlink devices such as UEs <FIG(s). 4A; para. 0131-0133>.
forward-transmit the downlink information over a cellular frequency band of the second wireless communication channel, while operating in a cellular mode; and CPE/FWA can operate in a cellular repeater mode that repeats cellular signals from an cellular base station to downlink devices such as UEs. <FIG(s). 4B; para. 0134-0140>.
switching the first antenna array to operate in a WiFi mode or the cellular mode; and Decision logic may be configured to enable the CPE//FWA to 1) assume two or more modes simultaneously, wherein the two or modes are compatible and can be supported by the CPE/FWA and supporting infrastructure, or 2) switch between two or modes based on changing conditions or demand. <para. 0150>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by ASHWORTH_994 and BLACK_305 with the embodiment(s) disclosed by SEVINDIK_628. One of ordinary skill in the art would have been motivated to make this modification in order to provide inter alia, methods and apparatus for multi-mode service provision within a served premises. <para. 0020>.
Claim(s) is/are rejected under AIA 35 U.S.C. 103 as being unpatentable over ASHWORTH_994 (US20200212994) in view of BLACK_305 (US20220240305), and further view of MELLQVIST_833 (US20200169833)
Claim(s) 2, 9, 16
As discussed herein for the base claims, ASHWORTH_994 teaches
wherein the UE location information transmitted indicates the location of the UE
ASHWORTH_994 does not explicitly teach
a location of the UE associated with use of a subset of beams to reduce a sector beam sweep.
However in a similar endeavor, MELLQVIST_833 teaches
a location of the UE associated with use of a subset of beams to reduce a sector beam sweep. The beam sweep may be performed in a reduced set of beam angles corresponding to the area in close proximity to the person out of a full set of beam angles available for transmitting and/or receiving by the base station. <FIG(s). 1, 5, 8; para. 0005, 0012, 0028, 0037>.
Before the effective filing date of the claim invention, it would have been obvious to one of ordinary skill in art to have modified the system/techniques disclosed by ASHWORTH_994 and BLACK_305 with the embodiment(s) disclosed by MELLQVIST_833. One of ordinary skill in the art would have been motivated to make this modification in order to improve efficiency since power is saved by not sweeping the entire coverage area and also may reduce latency of establishing the connection since a smaller coverage area is swept. <FIG(s). 8,5; para. 0037>.
Allowable Subject Matter
Claim(s) is/are indicated as having allowable subject matter and objected to.
Claim(s) 6, 13, 20
The claim(s) 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.
Claim(s) is/are indicated as having allowable subject matter over the prior art but rejected to herein.
Claim(s) 5, 12, 19
The claim(s) include allowable subject matter with respect to the prior art and would be allowable if:
(i) Rewritten in independent form including all of the limitations of the base claim and any intervening claims.
(ii) Amended to overcome other non-prior art rejections and/or objections presented herein (e.g., 35 USC 112 and 101 rejections), including rejections/objections directed to base and intervening claims.
(iii) In cases where claim limitations were unclear/indefinite and the Examiner indicated what he/she thought what the limitations attempted to convey, any clarifying amendments would need to be commensurate with the Examiner’s interpretation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE TACDIRAN whose telephone number is 571-272-1717. The examiner can normally be reached on M-TH, 10-5PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Rutkowski can be reached on 571-270-1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDRE TACDIRAN/Primary Examiner, Art Unit 2415