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 .
This action is in response to applicant’s amendment/arguments filed on 01/14/2026. This action is made FINAL.
Response to Arguments
Applicant's arguments filed 01/14/2026 have been fully considered but they are not persuasive.
The applicant argues:
Cao fails to teach the limitations of the amended claims. The Office asserts that Cao discloses "determining that there is a trend in the channel quality changing over time," at paragraph 41 of Cao. The Office further asserts that Cao teaches "adjusting a power output from the access node based at least in part on the determining that there is the trend in the channel quality changing over time," at paragraph 42 of Cao. See Office Action at p.3.
The examiner respectfully disagrees:
Cao et al. disclose: The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time [003 – 0034]. This idea similar to determining a trend of channel quality over time.
The applicant argues:
Thompson fails to teach "determining that there is a trend in the channel quality changing over a set period of time based on historical quality metrics associated with the wireless device; and adjusting a power output from the access node based at least in part on the determining that there is the trend in the channel quality changing over the set period of time." As such. Cao and Thompson, alone or in combination, fail to teach all the elements of claims 1, 8 and 15, and their amended claims.
The examiner respectfully disagrees:
The rejection is based on the combined teaching of Cao et al. and Thompson et al. In this regard, Thompson et al. disclose: historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (Page 12 lines 29-30).
Clearly Thompson et al. disclose the idea of adjusting the quality of a wireless system based on patterns in historical data.
The limitations in questions have all been addressed as stated above.
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.
The factual inquiries 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 nonobviousness.
Claims 1-5, 8-12 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Cao et al. (US 2002/0177462 A1).
Claim 1. Cao et al. disclose A method of managing power usage in a wireless network (read as a method of adjusting maximum transmission power, a base station, and a radio network controller [0003]), the method comprising:
monitoring a channel quality of communications between an access node and a wireless device (read as The radio network controller RNC extracts the information element IE `BLER-estimate` (where BLER is block error rate) from the radio resource control RRC message `MEASUREMENT REPORT` received from the subscriber unit [0040]);
determining that there is a trend in the channel quality changing over a set period of time (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time [0034]) based on historical quality metrics associated with the wireless device (read as The UE periodically reports its BLER-estimate for each dedicated channel (DCH) [0033]); and
adjusting a power output from the access node based at least in part on the determining that there is the trend in the channel quality changing over the set period of time (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time [0034]).
Cao et al. do not explicitly use the term “trend in the channel quality”. However, Cao et al. disclose: The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time.… [0034]. Examining data over a reasonable period of time can be interpreted as looking for trends.
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to use the teaching of Cao et al. in order to realize all the limitations of the claimed invention, namely the idea of adjusting downlink power of a base station based on a changing trend in received signal quality. The motivation is related to This advantageously prevents a `selfish UE` from requiring more than necessary transmission power by setting an unreasonable SIR-target requiring higher than necessary downlink power in order to be satisfied. The UTRAN transmission power is a finite resource so a `selfish UE` if allowed to be selfish would request more power at the expense of other UE's (Cao et al. [0015]).
Claim 2. The method of claim 1, Cao et al. disclose,
wherein the adjusting the power output from the access node comprises increasing the power output from the access node when the determining that there is a trend in the channel quality determines that the channel quality is trending down (read as The RNC decides the step (or slope) for the adjustment. The recursive algorithm is given as equation in [0043]. where P max (t) is the maximum downlink power level to the subscriber unit UE for time t, P max (t-1) is the maximum downlink power level to the subscriber unit UE for the previous time step (t-1) and s is a + or - sign function decided in section 8.3, and .DELTA. step is power update step for changing maximum downlink transmission power… [0044]).
Claim 3. The method of claim 1, Cao et al. disclose,
wherein the adjusting the power output from the access node comprises decreasing the power output from the access node when the determining that that there is a trend in the channel quality determines that the channel quality is trending up (read as The RNC decides the step (or slope) for the adjustment. The recursive algorithm is given as equation in [0043]. where P max (t) is the maximum downlink power level to the subscriber unit UE for time t, P max (t-1) is the maximum downlink power level to the subscriber unit UE for the previous time step (t-1) and s is a + or - sign function decided in section 8.3, and .DELTA. step is power update step for changing maximum downlink transmission power… [0044]).
Claim 4. The method of claim 1, Cao et al. disclose,
wherein the adjusting the power output from the access node is also based at least in part on a strength of the trend in channel quality changing over time (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time.… [0034]).
Claim 5. The method of claim 1, Cao et al. disclose
the method further comprising:
determining a mobility factor of the wireless device, wherein the mobility factor indicates a likelihood that the wireless device is a mobile wireless device rather than a stationary wireless device (read as The allowed power value depends on the type of service (data, voice, video), and the type of subscriber unit so is service-and UE-specific [0027]. The base station must identify the device as a mobile type, because it is proving service to a specific UE.); and
wherein the adjusting the power output from the access node is also based at least in part on the mobility factor of the wireless device (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time [0034]).
Claim 8. Cao et al. disclose A system (FIG. 1) comprising:
an access node including at least one electronic processor (read as Radio Network Controller (RNC) of the UTRAN [0007]) configured to perform operations including:
monitoring a channel quality of communications between the access node and a wireless device (read as The radio network controller RNC extracts the information element IE `BLER-estimate` (where BLER is block error rate) from the radio resource control RRC message `MEASUREMENT REPORT` received from the subscriber unit [0040]);
determining that there is a trend in the channel quality changing over a set period of time (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time [0034]) based on historical quality metrics associated with the wireless device (read as The UE periodically reports its BLER-estimate for each dedicated channel (DCH) [0033]); and
adjusting a power output from the access node based at least in part on the determining that there is the trend in the channel quality changing over the set period of time (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time [0034]).
Cao et al. do not explicitly use the term “trend in the channel quality”. However, Cao et al. disclose: The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time.… [0034]. Examining data over a reasonable period of time can be interpreted as looking for trends.
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to use the teaching of Cao et al. in order to realize all the limitations of the claimed invention, namely the idea of adjusting downlink power of a base station based on a changing trend in received signal quality. The motivation is related to This advantageously prevents a `selfish UE` from requiring more than necessary transmission power by setting an unreasonable SIR-target requiring higher than necessary downlink power in order to be satisfied. The UTRAN transmission power is a finite resource so a `selfish UE` if allowed to be selfish would request more power at the expense of other UE's (Cao et al. [0015]).
Claim 9. The system of claim 8, Cao et al. disclose,
wherein the adjusting the power output from the access node comprises increasing the power output from the access node when the determining that that there is a trend in the channel quality determines that the channel quality is trending down (read as The RNC decides the step (or slope) for the adjustment. The recursive algorithm is given as equation in [0043]. where P max (t) is the maximum downlink power level to the subscriber unit UE for time t, P max (t-1) is the maximum downlink power level to the subscriber unit UE for the previous time step (t-1) and s is a + or - sign function decided in section 8.3, and .DELTA. step is power update step for changing maximum downlink transmission power… [0044]).
Claim 10. The system of claim 8, Cao et al. disclose,
wherein the adjusting the power output from the access node comprises decreasing the power output from the access node when the determining that that there is a trend in the channel quality determines that the channel quality is trending up (read as The RNC decides the step (or slope) for the adjustment. The recursive algorithm is given as equation in [0043]. where P max (t) is the maximum downlink power level to the subscriber unit UE for time t, P max (t-1) is the maximum downlink power level to the subscriber unit UE for the previous time step (t-1) and s is a + or - sign function decided in section 8.3, and .DELTA. step is power update step for changing maximum downlink transmission power… [0044]).
Claim 11. The system of claim 8, Cao et al. disclose,
wherein the adjusting the power output from the access node is also based at least in part on a strength of the trend in channel quality changing over time (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time.… [0034]).
Claim 12. The system of claim 8, Cao et al. disclose,
wherein the operations further comprise:
determining a mobility factor of the wireless device, wherein the mobility factor indicates a likelihood that the wireless device is a mobile wireless device rather than a stationary wireless device (read as The allowed power value depends on the type of service (data, voice, video), and the type of subscriber unit so is service-and UE-specific [0027]. The base station must identify the device as a mobile type, because it is proving service to a specific UE.); and
wherein the adjusting the power output from the access node is also based at least in part on the mobility factor of the wireless device (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time. [0034]).
Claim 15. Cao et al. disclose A method of managing power usage in a wireless network (read as a method of adjusting maximum transmission power, a base station, and a radio network controller [0003]), the method comprising:
monitoring a channel quality of communications between an access node and a wireless device (read as The radio network controller RNC extracts the information element IE `BLER-estimate` (where BLER is block error rate) from the radio resource control RRC message `MEASUREMENT REPORT` received from the subscriber unit [0040]);
determining that there is a trend in the channel quality changing over a set period of time (read as The RNC compares the BLER-target set by the RNC and the BLER-estimate measured by the UE to assist the RNC in making a decision whether downlink power adjustment is required [0041]) based on historical quality metrics associated with the wireless device (read as The UE periodically reports its BLER-estimate for each dedicated channel (DCH) [0033]);
increasing a power output from the access node based at least in part on the determining that the trend in the channel quality changing over the set period of time is trending down (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time [0034]); and
decreasing the power output from the access node based at least in part on the determining that the trend in the channel quality changing over time is trending up (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time [0034]).
Cao et al. do not explicitly use the term “trend in the channel quality”. However, Cao et al. disclose: The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time.… [0034]. Examining data over a reasonable period of time can be interpreted as looking for trends.
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to use the teaching of Cao et al. in order to realize all the limitations of the claimed invention, namely the idea of adjusting downlink power of a base station based on a changing trend in received signal quality. The motivation is related to This advantageously prevents a `selfish UE` from requiring more than necessary transmission power by setting an unreasonable SIR-target requiring higher than necessary downlink power in order to be satisfied. The UTRAN transmission power is a finite resource so a `selfish UE` if allowed to be selfish would request more power at the expense of other UE's (Cao et al. [0015]).
Claim 16. The method of claim 15, Cao et al. disclose,
wherein increasing the power output from the access node is also based at least in part on a strength of the trend in the channel quality changing over time (read as The RNC decides the step (or slope) for the adjustment. The recursive algorithm is given as equation in [0043]. where P max (t) is the maximum downlink power level to the subscriber unit UE for time t, P max (t-1) is the maximum downlink power level to the subscriber unit UE for the previous time step (t-1) and s is a + or - sign function decided in section 8.3, and .DELTA. step is power update step for changing maximum downlink transmission power… [0044]); and
wherein decreasing the power output from the access node is also based at least in part on the strength of the trend in the channel quality changing over time (read as The RNC decides the step (or slope) for the adjustment. The recursive algorithm is given as equation in [0043]. where P max (t) is the maximum downlink power level to the subscriber unit UE for time t, P max (t-1) is the maximum downlink power level to the subscriber unit UE for the previous time step (t-1) and s is a + or - sign function decided in section 8.3, and .DELTA. step is power update step for changing maximum downlink transmission power… [0044]).
Claim 17. The method of claim 15, Cao et al. disclose,
the method further comprising:
determining a mobility factor of the wireless device, wherein the mobility factor indicates a likelihood that the wireless device is a mobile wireless device rather than a stationary wireless device (read as The allowed power value depends on the type of service (data, voice, video), and the type of subscriber unit so is service-and UE-specific [0027]. The base station must identify the device as a mobile type, because it is proving service to a specific UE.); and
wherein the increasing or decreasing the power output from the access node is also based at least in part on the mobility factor of the wireless device (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time. [0034]).
Claims 6-7, 13-14 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cao et al. (US 2002/0177462 A1) in view of Thompson et al. (WO 9949590 A1).
Claim 6. The method of claim 1, Cao et al. do not explicitly disclose:
the method further comprising:
determining a seasonal factor of the wireless device, wherein the seasonal factor indicates a likelihood that the channel quality is affected by seasonally occurring interference; and
wherein the adjusting the power output from the access node is also based at least in part on the seasonal factor of the wireless device.
However, in the related field of endeavor Thompson et al. disclose:
determining a seasonal factor of the wireless device, wherein the seasonal factor indicates a likelihood that the channel quality is affected by seasonally occurring interference (read as historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (lines 29-30 page 12); and
wherein the adjusting the power output from the access node is also based at least in part on the seasonal factor of the wireless device (read as In another implementation, historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (lines 29-30 page 12) … an exemplary power allocation could be made to compensate for seasonal rains that occur regularly during summer months (lines 15-17 page 19)).
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Cao et al. with the teaching of Thompson et al. in order to allocate power efficiently, and downlink signal strength is maintained at strength levels to assure reception (Thompson et al.: lines 22-23 page 4).
Claim 7. The method of claim 6, the combination of Cao et al. and Thompson et al. teaches,
wherein the seasonally occurring interference comprises one or more of vegetation and stormy weather (Thompson et al. read as historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (lines 29-30 page 13)).
Claim 13. The system of claim 8, Cao et al. do not explicitly disclose:
wherein the operations further comprise:
determining a seasonal factor of the wireless device, wherein the seasonal factor indicates a likelihood that the channel quality is affected by seasonally occurring interference; and
wherein the adjusting the power output from the access node is also based at least in part on the seasonal factor of the wireless device .
However, in the related field of endeavor Thompson et al. disclose:
determining a seasonal factor of the wireless device, wherein the seasonal factor indicates a likelihood that the channel quality is affected by seasonally occurring interference (read as historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (lines 29-30 page 12); and
wherein the adjusting the power output from the access node is also based at least in part on the seasonal factor of the wireless device (read as In another implementation, historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (lines 29-30 page 12) … an exemplary power allocation could be made to compensate for seasonal rains that occur regularly during summer months (lines 15-17 page 19)).
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Cao et al. with the teaching of Thompson et al. in order to allocate power efficiently, and downlink signal strength is maintained at strength levels to assure reception (Thompson et al.: lines 22-23 page 4).
Claim 14. The system of claim 13, the combination of Cao et al. and Thompson et al. teaches,
wherein the seasonally occurring interference comprises vegetation and stormy weather (Cao et al.: read as radio environment (multipath fading, and weather) [0044]).
Claim 18. The method of claim 15, Cao et al. do not explicitly disclose:
the method further comprising:
determining a seasonal factor of the wireless device, wherein the seasonal factor indicates a likelihood that the channel quality is affected by seasonally occurring interference; and
wherein the increasing or decreasing the power output from the access node is also based at least in part on the seasonal factor of the wireless device.
However, in the related field of endeavor Thompson et al. disclose:
determining a seasonal factor of the wireless device, wherein the seasonal factor indicates a likelihood that the channel quality is affected by seasonally occurring interference (read as In another implementation, historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (lines 29-30 page 12)); and
wherein the increasing or decreasing the power output from the access node is also based at least in part on the seasonal factor of the wireless device (read as In another implementation, historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (lines 29-30 page 12) … an exemplary power allocation could be made to compensate for seasonal rains that occur regularly during summer months (lines 15-17 page 19)).
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Cao et al. with the teaching of Thompson et al. in order to allocate power efficiently, and downlink signal strength is maintained at strength levels to assure reception (Thompson et al.: lines 22-23 page 4).
Claim 19. The method of claim 18, the combination of Cao et al. and Thompson et al. teaches,
wherein the seasonally occurring interference comprises vegetation and stormy weather (Thompson et al.: read as In another implementation, historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (lines 29-30 page 12)).
Claim 20. The method of claim 15, Cao et al. do not explicitly disclose
the method further comprising:
determining a prediction factor, wherein the prediction factor indicates a prediction of the channel quality changing over time (read as The UTRAN decides whether or not the downlink transmission power should be adjusted (e.g. down) by examining the reported BLER-estimate over a reasonable period of time [0034]);
Cao et al. do not explicitly disclose
wherein the prediction is based at least in part on one or more of a weather forecast, and a historical channel quality for a location of the wireless device; and
wherein the increasing or decreasing the power output from the access node is also based at least in part on the prediction factor of the wireless device.
However, in the related field of endeavor Thompson et al. disclose:
wherein the prediction is based at least in part on one or more of a weather forecast, and a historical channel quality for a location of the wireless device; and
wherein the increasing or decreasing the power output from the access node is also based at least in part on the prediction factor of the wireless device (read as In another implementation, historic data on diurnal and seasonal weather patterns and traffic loads may be used to predict resource requirements (lines 29-30 page 12) … the communication signal is transmitted with additional resources to the reception stations within the cell 52 where downlink signal degradation was detected (lines 8-10 page 13).
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Cao et al. with the teaching of Thompson et al. in order to allocate power efficiently, and downlink signal strength is maintained at strength levels to assure reception (Thompson et al.: lines 22-23 page 4).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED RACHEDINE whose telephone number is (571)272-9249. The examiner can normally be reached Mon-Fri 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeanette J. Parker can be reached at (571)270-3647. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOHAMMED . RACHEDINE
Examiner
Art Unit 2649
/MOHAMMED RACHEDINE/ Primary Examiner, Art Unit 2646