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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/23/2023 was filed with the application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-2, 5, 8-11, 14-16 & 19-20 are rejected under 35 U.S.C. § 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1
Each of claims 1-7 falls within one of the four statutory categories. See MPEP § 2106.03. Each of claims 1-7 fall within category of process; Each of claims 8-20 fall within category of machine, i.e., a “concrete thing, consisting of parts, or of certain devices and combination of devices.” Digitech, 758 F.3d at 1348–49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863));
Regarding Claim 1
Step 2A – Prong 1
Exemplary claim 1 is directed to an abstract idea of generating of sequences.
The abstract idea is set forth or described by the following italicized limitations:
A method, comprising: receiving, by a device,
time domain physical resource block (PRB) data associated with a plurality of base stations of a network;
calculating, by the device, a PRB seasonal strength based on the time domain PRB data; scaling, by the device, the time domain PRB data based on the PRB seasonal strength to generate scaled PRB data;
normalizing, by the device, the scaled PRB data to generate normalized and scaled PRB data;
normalizing, by the device, fast Fourier transforms (FFTs) for the normalized and scaled PRB data and to generate frequency domain PRB data;
combining, by the device, the FFTs to generate a combined FFT;
calculating, by the device, a z-score for the combined FFT; calculating, by the device, FFT interquartile ranges (IQRs) for frequencies of the combined FFT;
filtering, by the device, the FFT IQRs based on the z-score;
processing, by the device, the FFT IQRs to identify clusters of periodic interference patterns;
aggregating, by the device, the clusters based on a time period and the frequency domain PRB data to generate aggregated clusters;
identifying, by the device, peak data in the frequency domain PRB data based on the aggregated clusters;
processing, by the device, the peak data to determine a parameter for clustering;
processing, by the device, the frequency domain PRB data to identify final clusters of periodic interference patterns based on the peak data and the parameter for clustering;
and performing, by the device, one or more actions based on the final clusters.
The italicized limitations above represent a mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea).
Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations “calculating, [..] seasonal strength [..] time domain PRB data [..]; [..]normalizing, by the device [..] combining, by the device [..]; filtering, by the device [..]; aggregating, by the device [..] identifying, by the device, (i.e., a process that can be performed by mathematical relationships or rules or idea), see 2106.04(a)(2).
Step 2A – Prong 2
Claims 1 does not include additional elements (comprising: receiving, by a device; time domain physical resource block (PRB) data associated with a plurality of base stations of a network and performing, by the device, one or more actions based on the final clusters) those are not sufficient to integrate the abstract idea into a practical application. This element amounts to mere use of a generic device with generic computer component, which is well understood routine and conventional (see background of current discloser and IDS and PTO 892) and this element individually does not provide a practical application. In view of the above, the “additional elements” individually or combine does not provide a practical application of the abstract idea. see MPEP 2106.05(d).
In view of the above, only one “additional elements” individually do not provide a practical application of the abstract idea.
Step 2B
Claims1 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. For example, the limitation of Claim 1 contains additional elements that is, i.e. “node for communication system”, generic communication device, which are well understood, routine and conventional (see background of current discloser and IDS and PTO 892) and MPEP 2106.05(d))The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
Dependent Claims 2 and 5
Dependent claims 2 and 5 fail to cure this deficiency of independent claim 1 (set forth above) and are rejected accordingly. Particularly, claims 2 and 5 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For Examples, claim 2 and 5: limitations represent a mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea).
Regarding Claims 8-11
Step 2A – Prong 1
Exemplary claim 8 is directed to an abstract idea of generating of sequences.
The abstract idea is set forth or described by the following italicized limitations:
8. A device, comprising: one or more processors configured to:
calculate a physical resource block (PRB) seasonal strength based on time domain PRB data associated with a plurality of base stations of a network;
scale the time domain PRB data based on the PRB seasonal strength to generate scaled PRB data;
normalize the scaled PRB data to generate normalized and scaled PRB data;
calculate fast Fourier transforms (FFTs) for the normalized and scaled PRB data and to generate frequency domain PRB data;
combine the FFTs to generate a combined FFT; calculate a z-score for the combined FFT;
calculate FFT interquartile ranges (IQRs) for frequencies of the combined FFT;
filter the FFT IQRs based on the z-score;
aggregate the clusters based on a time period and the frequency domain PRB data to generate aggregated clusters;
identify peak data in the frequency domain PRB data based on the aggregated clusters;
process the FFT IQRs, with a clustering model, to identify clusters of periodic interference patterns;
process the peak data, with a machine learning model, to determine a parameter for clustering;
process the frequency domain PRB data, with the clustering model, to identify final clusters of periodic interference patterns based on the peak data and the parameter for clustering;
and perform one or more actions based on the final clusters.
The italicized limitations above represent a mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea). Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations “calculate a physical resource block (PRB) seasonal strength based on time domain PRB data associated with a plurality of base stations of a network; scale the time domain PRB data based on the PRB seasonal strength to generate scaled PRB data; normalize the scaled PRB data to generate normalized and scaled PRB data; calculate fast Fourier transforms (FFTs) for the normalized and scaled PRB data and to generate frequency domain PRB data; combine the FFTs to generate a combined FFT; calculate a z-score for the combined FFT; calculate FFT interquartile ranges (IQRs) for frequencies of the combined FFT; filter the FFT IQRs based on the z-score; process the FFT IQRs, with a clustering model, to identify clusters of periodic interference patterns; aggregate the clusters based on a time period and the frequency domain PRB data to generate aggregated clusters; identify peak data in the frequency domain PRB data based on the aggregated clusters;” (i.e., a process that can be performed by mathematical relationships or rules or idea), see 2106.04(a)(2).
Step 2A – Prong 2
Claims 8 does not include additional elements (A device, comprising: one or more processors configured to: and perform one or more actions based on the final clusters) that are not sufficient to integrate the abstract idea into a practical application.
For example, first additional first element is “ A device, comprising: one or more processors configured to: ” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g).
For example, 2nd additional first element is “and perform one or more actions based on the final clusters” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g).
In view of the above, the “additional elements” individually do not provide or contribute a practical application of the abstract idea.
Step 2B
Claims 8 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. For example, the limitation of Claim 1 contains additional elements that is, i.e. “A device, comprising: one or more processors configured to:”, and perform one or more actions based on the final clusters (see background of current discloser and IDS and PTO 892) and MPEP 2106.05(d))The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
Dependent Claims 9-11 and 14
Dependent claims 9-11 and 14 fail to cure this deficiency of independent claim 8 (set forth above) and are rejected accordingly. Particularly, claims 9-11 and 14 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For Examples, claim 9-11 and 14: limitations represent a mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea).
Regarding Claims 15-16 and 19-20
Step 2A – Prong 1
Exemplary claim 8 is directed to an abstract idea of generating of sequences.
The abstract idea is set forth or described by the following italicized limitations:
15. A non-transitory computer-readable medium storing a set of instructions, the set of instructions comprising: one or more instructions that, when executed by one or more processors of a device, cause the device to:
calculate a physical resource block (PRB) seasonal strength based on time domain PRB data associated with a plurality of base stations of a network; scale and normalize the time domain PRB data based on the PRB seasonal strength to generate normalized and scaled PRB data; calculate fast Fourier transforms (FFTs) for the normalized and scaled PRB data and to generate frequency domain PRB data; combine the FFTs to generate a combined FFT; calculate a z-score for the combined FFT; calculate FFT interquartile ranges (IQRs) for frequencies of the combined FFT; filter the FFT IQRs based on the z-score; aggregate the clusters based on a time period and the frequency domain PRB data to generate aggregated clusters; identify peak data in the frequency domain PRB data based on the aggregated clusters;
process the FFT IQRs, with a clustering model, to identify clusters of periodic interference patterns; process the peak data, with a machine learning model, to determine a parameter for clustering; process the frequency domain PRB data, with the clustering model, to identify final clusters of periodic interference patterns based on the peak data and the parameter for clustering; and perform one or more actions based on the final clusters.
The italicized limitations above represent a mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea). Therefore, the italicized limitations fall within the subject matter groupings of abstract ideas enumerated in Section I of the 2019 Revised Patent Subject Matter Eligibility Guidance.
For example, the limitations “calculate a physical resource block (PRB) seasonal strength based on time domain PRB data associated with a plurality of base stations of a network; scale and normalize the time domain PRB data based on the PRB seasonal strength to generate normalized and scaled PRB data; calculate fast Fourier transforms (FFTs) for the normalized and scaled PRB data and to generate frequency domain PRB data; combine the FFTs to generate a combined FFT; calculate a z-score for the combined FFT; calculate FFT interquartile ranges (IQRs) for frequencies of the combined FFT; filter the FFT IQRs based on the z-score; aggregate the clusters based on a time period and the frequency domain PRB data to generate aggregated clusters; identify peak data in the frequency domain PRB data based on the aggregated clusters; (i.e., a process that can be performed by mathematical relationships or rules or idea), see 2106.04(a)(2).
Step 2A – Prong 2
Claims 15 does not include additional elements (A device, comprising: one or more processors configured to: and perform one or more actions based on the final clusters) that are not sufficient to integrate the abstract idea into a practical application.
For example, first additional first element is “A non-transitory computer-readable medium storing a set of instructions, the set of instructions comprising: one or more instructions that, when executed by one or more processors of a device, cause the device to:” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g).
For example, 2nd additional first element is “and perform one or more actions based on the final clusters” to be performed, at least in-part, these additional elements appear to only add insignificant extra-solution activity (e.g., data gathering) and only generally link the abstract idea to a particular field. Therefore, this element individually or as a whole does not provide a practical application. See MPEP 2106.05(g).
In view of the above, the “additional elements” individually do not provide or contribute a practical application of the abstract idea.
Step 2B
Claims 15 does not include additional elements, when considered individually and as an ordered combination, that are sufficient to amount to significantly more than the abstract idea. For example, the limitation of Claim 15 contains additional elements that is, i.e. “A non-transitory computer-readable medium storing a set of instructions, the set of instructions comprising: one or more instructions that, when executed by one or more processors of a device, cause the device to:”, and perform one or more actions based on the final clusters (see background of current discloser and IDS and PTO 892) and MPEP 2106.05(d))The reasons for reaching this conclusion are substantially the same as the reasons given above in § Step 2A – Prong 2. For brevity only, those reasons are not repeated in this section. See MPEP §§ 2106.05(g) and MPEP §§2106.05(II).
Dependent Claims 16 and 19-20
Dependent claims 16 and 19-20 fail to cure this deficiency of independent claim 8 (set forth above) and are rejected accordingly. Particularly, claims 16-20 recite limitations that represent (in addition to the limitations already noted above) either the abstract idea or an additional element that is merely extra-solution activity, mere use of instructions and/or generic computer component(s) as a tool to implement the abstract idea, and/or merely limits the abstract idea to a particular technological environment.
For Examples, claims 16 and 19-20: limitations represent a mathematical concept (i.e., a process that can be performed by mathematical relationships or rules or idea).
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrase "perform one or more actions based on the final clusters" renders the claim indefinite because it is unclear what’s the actions are. This finding made the claim vague and indefinite. Therefore, the independent claim 1 is rejected under 35 USC 112(b). See MPEP § 2173.05(d).
Regarding claims 8 and 15, with the similar limitation as "perform one or more actions based on the final clusters". Hence claims 8 and 15 are also rejected under the same ground of rejection as the independent claim 1 stated above. Therefore, claim 8 and 15 are also rejected under 35 USC 112(b).
Regarding claims 2-7, 9-14 and 16-20, are dependent on the independent claims 1,8 and 15. Hence claims 2-7, 9-14 and 16-20 are also rejected under the same ground of rejection due to the dependency on the independent claims 1, 8 and 15. Therefore, claims 1-20 are rejected under 35 USC 112(b).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAM U AHMED whose telephone number is (571)272-9561. The examiner can normally be reached on Mon-Fry, 7:00 AM-6:00 PM PST.
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, Huy Vu can be reached on 571-272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NIZAM U AHMED/Primary Examiner, Art Unit 2461