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 .
Response to Amendment
This is in response to an amendment/response/communication filed 10/29/2024.
Claim(s) 1-21 has/have been cancelled.
Claims(s) 22-41 has/have been added.
Claims(s) 22-41 is/are currently pending.
Information Disclosure Statement
The information disclosure statement(s) (IDS(s)) submitted on 2/1/2024, 3/7/2024 and 10/29/2024 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Drawings
The drawings were received on 11/27/2023. These drawings are accepted.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
In particular, the reference noted as, “IEEE STD. 802.11 ore related standards…”, listed on pp.25-26 of the specification of the original disclosure is not considered by the Examiner.
In particular, the reference noted as, “3GPP TR 36.808, “Evolved…”, listed on p.43 of the specification of the original disclosure is not considered by the Examiner.
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 limitation, “Computerized network apparatus configured for use…”, as noted in claim 37, line 1, is modified by structure for performing the claimed function, noted as “a first wireless data interface”, “digital processor apparatus”, and “a storage device”, therefore, claim 37 is considered as NOT invoking 35 U.S.C. 112(f).
The limitation, “a first wireless data interface configured…”, as noted in claim 37, line 2, is considered as a well-known structure in the art, therefore, claim 37 is considered as NOT invoking 35 U.S.C. 112(f).
The limitation, “a plurality of instructions which are configured…”, as noted in claim 37, line 10, is considered as a well-known structure in the art, therefore, claim 37 is considered as NOT invoking 35 U.S.C. 112(f).
The limitation, “the plurality of instructions which are configured…”, as noted in claim 40, line 3, is considered as a well-known structure in the art, therefore, claim 40 is considered as NOT invoking 35 U.S.C. 112(f).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim(s) 40 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 12 of U.S. Patent No. 11026004. Although the claims at issue are not identical, they are not patentably distinct from each other because:
As to claim 40:
U.S. Application 18520197
U.S. Patent No. 11026004
Computer readable apparatus comprising a non-transitory storage apparatus, the non-transitory storage apparatus comprising at least one computer program having a plurality of instructions, the plurality of instructions configured to, when executed on a digital processing apparatus of a computerized apparatus within a content distribution network, cause the computerized apparatus to:
transmit OFDM (orthogonal frequency division multiplexing) waveforms over at least a portion of the content distribution infrastructure within a prescribed frequency band;
wherein the transmitted OFDM waveforms comprise at least first and second spatial diversity data channels, the at least first and second spatial diversity data channels shifted in frequency relative to one another and within the prescribed frequency band so that each of the at least first and second spatial diversity data channels may be received by at least one receiver device and aggregated thereby.
A computerized method of operating a radio frequency (RF) network so that extant infrastructure is used to deliver integrated wireless data services, the computerized method comprising:
transmitting OFDM (orthogonal frequency division multiplexing) waveforms over at least a portion of the extant infrastructure within a prescribed frequency band; allocating at least one 3GPP (3rd Generation Partnership Project) Long Term Evolution (3GPP LTE) channel within at least one sub-band of the prescribed frequency band; allocating at least one synchronization carrier within the at least one sub-band of the prescribed frequency band; and multiplexing I (In-phase) and Q (Quadrature) data onto the synchronization carrier;
wherein the transmitted OFDM waveforms comprising at least first and second spatial diversity data channels, the at least first and second spatial diversity data channels shifted in frequency relative to one another and within the prescribed frequency band so that each of the at least first and second spatial diversity data channels may be received by at least one receiver device and aggregated. (claim 12)
Claim (s) 41 is/are rejected on the ground of nonstatutory double patenting as being unpatentable over claim(s) 12 of U.S. Patent No. 11026004 in view of Zhang et al. US 20190045388.
As to claim 41:
U.S. Patent No. 11026004 as described above does not explicitly teach:
wherein the computer readable apparatus comprises a fog-based storage device which is distributed across multiple nodes of varying proximity and accessible via a computerized user device.
However, Zhang et al. further teaches a fog capability which includes:
wherein the computer readable apparatus comprises a fog-based storage device which is distributed across multiple nodes of varying proximity and accessible via a computerized user device.
(“The fog 620 provided from these IoT devices 602 may be presented to devices in the cloud 600, such as a server 606, as a single device located at the edge of the cloud 600, e.g., a fog device. In this example, the alerts coming from the fog device may be sent without being identified as coming from a specific IoT device 602 within the fog 620. In this fashion, the fog 620 may be considered a distributed platform that provides computing and storage resources to perform processing or data-intensive tasks such as data analytics, data aggregation, and machine-learning, among others.”; Zhang et al.; 0074)
(“In alternative embodiments, the machine 900 may operate as a standalone device or may be connected (e.g., networked) to other machines. In a networked deployment, the machine 900 may operate in the capacity of a server machine, a client machine, or both in server-client network environments. In an example, the machine 900 may act as a peer machine in peer-to-peer (P2P) (or other distributed) network environment. The machine 900 may be a personal computer (PC), a tablet PC, a set-top box (STB), a personal digital assistant (PDA), a mobile telephone, a web appliance, a network router, switch or bridge, or any machine capable of executing instructions (sequential or otherwise) that specify actions to be taken by that machine. Further, while only a single machine is illustrated, the term “machine” shall also be taken to include any collection of machines that individually or jointly execute a set (or multiple sets) of instructions to perform any one or more of the methodologies discussed herein, such as cloud computing, software as a service (SaaS), other computer cluster configurations.”; Zhang et al.; 0104)
(see FIG. 6)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the fog capability of Zhang et al. into U.S. Patent No. 11026004. By modifying the processing/communications of U.S. Patent No. 11026004 to include the fog capability as taught by the processing/communications of Zhang et al., the benefits of improved connectivity (Zhang et al.; 0073) are achieved.
Claim Objections
Claim 37 is objected to because of the following informalities: claim 37, line 1, notes “Computerized network apparatus” which is considered as improper grammar. The Examiner suggests changing to “A computerized network apparatus”, or something similar. Appropriate correction is required.
Claim 40 is objected to because of the following informalities: claim 40, line 1, notes “Computer readable apparatus” which is considered as improper grammar. The Examiner suggests changing to “A computer readable apparatus”, or something similar. Appropriate correction is required.
Examiner’s Comments Regarding Subject Matter Eligibility
The potential abstract idea of “determining an available frequency spectrum on a bearer medium” as noted in claim 22 is considered as not capable of being performed in the human mind and the claims are therefore considered as eligible subject matter under 35 U.S.C. 101.
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.
Claims 40 and 41 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.
Claim 40 recites the limitation “thereby” in the last line and it is unclear as to what “thereby” is referring to; therefore, the claim is indefinite.
Claim(s) 41 is/are rejected based upon a rejected parent claim.
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Campos et al. US 20160013855 (U.S. Patent Documents citation #331, listed on IDS dated 2024-02-01).
As to claim 40:
Campos et al. discloses:
Computer readable apparatus comprising a non-transitory storage apparatus, the non-transitory storage apparatus comprising at least one computer program having a plurality of instructions, the plurality of instructions configured to, when executed on a digital processing apparatus of a computerized apparatus within a content distribution network, cause the computerized apparatus to:
transmit OFDM (orthogonal frequency division multiplexing) waveforms over at least a portion of the content distribution infrastructure within a prescribed frequency band;
(“The end stations ES correspond with any electronically operable device having capabilities sufficient to facilitate directly or indirectly interfacing a user with signaling transported through the communication system 10. The end stations ES may be a gateway, a router, a computer, a mobile phone, a cellular phone, a media terminal adapter (MTA), a voice over Internet protocol (VoIP) enabled device, a television, a set top box (STB), network address translator (NAT), etc. For exemplary non-limiting purposes, a first end station 22 is shown to be a wireline type of device, such as a home gateway or set-top box configured to output signaling to a television or other device through a wireless and/or wired connection, and a second end station 24 is shown to be a wireless type of device, such as a remote antenna unit, wireless computer, television or cellular phone, optionally having capabilities sufficient to interface signaling using a wireless and/or a wired connection. The use of such first and second end stations 22, 24 may be beneficial in facilitating continued access to a television program while a user travels between locations associated with the first and second ends stations 22, 24. Seamless access to the content may be provided in this manner using different ends stations or capabilities of the end stations, e.g., a wireless capability of the second end station 24 may be used when at one location and a wireline capability of the first end station 22 may be used when at another location.”; Campos et al.; 0026)
(where
“content”/FIG. 1 maps to “content distribution infrastructure”,
“OFDM processing”/70/72/74/76/User Tx data”/FIG. 5a” maps to “transmit OFDM”
“F1”/”F2”/”F3”/”F4” are only a portion of FIG. 3 which maps to “at least a portion”,
“F1”/”F2”/”F3”/”F4”/FIG. 3/FIG. 5a maps to “withing a prescribed frequency band”,
wherein the transmitted OFDM waveforms comprise at least first and second spatial diversity data channels, the at least first and second spatial diversity data channels shifted in frequency relative to one another and within the prescribed frequency band so that each of the at least first and second spatial diversity data channels may be received by at least one receiver device and aggregated thereby.
(“FIG. 9 illustrates a signal processor 260 as configured to facilitate signaling in accordance with one non-limiting aspect of the present invention. The signal processor 260 may include the baseband processor unit common to the signal processors shown above (12, 150, 250) while being configured to leverage the same chip as the wireless unit but with the RFIC and the front end chips being customized for the HFC environment. In FIG. 9, wideband generation of the aggregate spectrum of all LTE MIMO data paths and aggregated carriers takes place in a single step (e.g., combining multiple signal components (h11(in)+h22(in) in the downlink and simultaneously receiving other signals in the uplink such as (h11(in)+h22(in)). This may require a much higher sampling rate DAC in order to generate a much wider spectrum that would include a larger number of channels associated to the MIMO data paths and aggregated LTE carriers. For example an LTE system that uses 4×4 MIMO in the downlink and aggregates of two 20 MHz carriers, occupies a total of 4×2×20 MHz=160 MHz assuming the 20 MHz channels are placed continuously without gaps. This spectrum can be made wider assuming that higher rank MIMO and higher carrier aggregation are implemented. In addition to the higher sampling rates DACs it is also required that at the Tx/Rx digital interface the data paths are intelligently aggregated.”; Campos et al.; 0060)
(“Wireless communications systems may employ multiple-input multiple-output (MIMO) techniques to facilitate multipath communications. The multipath capabilities of MIMO systems allow data to be transmitted simultaneously over multiple paths between a plurality of transmitting devices and a plurality of receiving devices to effectively increase capacity over single path systems.”; Campos et al.; 0003)
(where
“an LTE system that uses 4×4 MIMO in the downlink and aggregates of two 20 MHz carriers, occupies a total of 4×2×20 MHz=160 MHz assuming the 20 MHz channels”/”Spatial Multiplexing & Mapping Into Antenna Port Streams”/FIG. 5a/”OFDM processing”/FIG. 5a/” MIMO systems allow data to be transmitted” maps to “wherein the transmitted OFDM waveforms comprise at least first and second spatial diversity data channels”
“F1”/”F2”/”F3”/”F4”/FIG. 3/FIG. 5a maps to “the at least first and second spatial diversity data channels shifted in frequency relative to one another and within the prescribed frequency band”
FIG. 5b illustrates “Codeword De-Multiplexing” to “Recovered Data” maps to “so that each of the at least first and second spatial diversity data channels may be received by at least one receiver device and aggregated thereby”
Campos et al teaches OFDM processing of spatially multiplexed signals and up-conversion where the multiplexed signals are up-converted to different frequency band ranges and the signals are then transmitted to a receiver which demultiplexes the signals and provides recovered data.
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 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.
Claim(s) 22, 25, 26, 31 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al., “Method and Device for Transmitting Uplink Channels, and Method and Device for Transmitting Downlink Channels”, 2018-11-08, WO, WO 2018201942 (citations are from English translation) in view of Choi et al. US 20180337752.
As to claim 22:
Wu et al. discloses:
A computerized method of determining a frequency mapping plan, the computerized method comprising:
determining an available frequency spectrum on a bearer medium;
(“An apparatus for transmitting a downlink channel, which is applied to a communication system including a network device and the apparatus, wherein a system frequency domain resource used by the communication system is divided into N sub-bands, N≥2, the system frequency The domain resource is a frequency domain resource used based on a contention mechanism, and the device includes:
a processing unit, configured to determine, by the network device, a downlink time-frequency resource that is used to carry the at least one downlink channel, where the first downlink time-frequency resource in the downlink time-frequency resource is used to carry the at least one downlink a first downlink channel bearer in the channel, the first downlink time-frequency resource occupies M sub-bands in the N sub-bands in the frequency domain, N≥M≥2;”; p.72; top of page)
(“It should be noted that, in the embodiment of the present invention, the terminal device #A may perform detection in units of sub-bands, that is, in the embodiment of the present invention, the terminal device #A may detect whether one sub-band is available.”; p.40; middle of page)
(where
“M sub-bands in the N sub-bands in the frequency domain” maps to “determining an available frequency spectrum”, “bearer” maps to “bearer medium”, “detect whether one sub-band is available” maps to “available”
selecting an upper frequency and a lower frequency of the available frequency spectrum,
(FIG. 3 and FIG. 5 illustrate and “upper frequency” and “a lower frequency”
“detect whether one sub-band is available” maps to “available”
the selecting of the upper frequency and the lower frequency enabling mapping of at least two spatially diverse data streams onto one or more portions of the available frequency spectrum;
(“In the embodiment of the present invention, the PMI information may be used to indicate an index of the codebook set. That is, in the multi-antenna technique, for example, the Multiple-Input Multiple-Output (MIMO) technique, precoding based on the precoding matrix is performed in the baseband processing of the PDSCH physical layer. The terminal device can indicate the precoding matrix through the PMI information, thereby improving the signal quality of the PDSCH.”; p.36; top/middle of page)
(“Moreover, by way of example and not limitation, in the embodiment of the present invention, the communication system 100 may employ, for example, Licensed-Assisted Access (LAA), Dual Connectivity (DC), and license-free access ( Standalone) technology. The LAA includes the configuration and structure of Carrier Aggregation (CA) in the existing LTE system, and configures carriers (licensed carriers) on the carrier licensed frequency band to perform communication on the unlicensed frequency bands. The carrier (unlicensed carrier) is communicated with the licensed carrier as an auxiliary carrier. That is, the LTE device can use the licensed carrier as the primary component carrier (PCC) or the primary cell (PCell) in the CA mode, and use the unlicensed carrier as the secondary component carrier (SCC). Or secondary cell (Secondary Cell, SCell). Dual-connected DC technology includes technologies that use licensed carriers and unlicensed carriers in a non-CA or non-ideal backhaul manner, or a combination of multiple unlicensed carriers in a non-CA manner. LTE devices can also be deployed directly on unlicensed carriers through independent deployment.”; p.26 bottom of page to p.27 top of page)
(where
“MIMO”/”carriers”/FIG. 3/FIG. 5/“detect whether one sub-band is available” maps to “the selecting of the upper frequency and the lower frequency enabling mapping of at least two spatially diverse data streams onto one or more portions of the available frequency spectrum”
mapping at least two LTE carriers onto the one or more portions of the available frequency spectrum; and
(where
“LTE”/”carriers”/FIG. 3/FIG. 5 maps to “mapping at least two LTE carriers onto the one or more portions of the available frequency spectrum”
Wu et al. as described above does not explicitly teach:
mapping one or more synchronization channels onto the one or more portions of the available frequency spectrum.
However, Choi et al. further teaches a PBCH mapping capability which includes:
mapping one or more synchronization channels onto the one or more portions of the available frequency spectrum.
(“While the low-cost terminal proceeds with initial access, the terminal may receive primary synchronization signal (PSS)/secondary synchronization signal (SSS) and physical broadcast channel (PBCH) that are transmitted, mapped with a middle 1.4 MHz band (e.g., the band corresponding to subband B 1812 in FIG. 18) in the system bandwidth. The low-cost terminal may detect the PSS/SSS to obtain time-frequency sync and cell ID and obtain necessary system information, MIB, through PBCH decoding. After the initial access is complete, the low-cost terminal switches frequency to the subband designated to the terminal and performs transmission/reception operation.”; Choi et al.; 0337)
(where
“physical broadcast channel (PBCH) that are transmitted, mapped with a middle 1.4 MHz band (e.g., the band corresponding to subband B 1812 in FIG. 18)”/FIG. 18 maps to “mapping one or more synchronization channels onto the one or more portions of the available frequency spectrum”
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the PBCH mapping capability of Choi et al. into Wu et al. By modifying the processing/communications of Wu et al. to include the PBCH mapping capability as taught by the processing/communications of Choi et al., the benefits of improved quality (Wu et al.; p.36; top/middle of page) with improved efficiency (Choi et al.; 0073) are achieved.
As to claim 25:
Wu et al. as described above does not explicitly teach:
further comprising reserving at least an adequate bandwidth for the at least two LTE carriers and the one or more synchronization channels using a predetermined value.
However, Choi et al. further teaches a PBCH mapping capability which includes:
further comprising reserving at least an adequate bandwidth for the at least two LTE carriers and the one or more synchronization channels using a predetermined value.
(“While the low-cost terminal proceeds with initial access, the terminal may receive primary synchronization signal (PSS)/secondary synchronization signal (SSS) and physical broadcast channel (PBCH) that are transmitted, mapped with a middle 1.4 MHz band (e.g., the band corresponding to subband B 1812 in FIG. 18) in the system bandwidth. The low-cost terminal may detect the PSS/SSS to obtain time-frequency sync and cell ID and obtain necessary system information, MIB, through PBCH decoding. After the initial access is complete, the low-cost terminal switches frequency to the subband designated to the terminal and performs transmission/reception operation.”; Choi et al.; 0337)
(where
“1.4 MHz band” maps to “using a predetermined value”
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the PBCH mapping capability of Choi et al. into Wu et al. By modifying the processing/communications of Wu et al. to include the PBCH mapping capability as taught by the processing/communications of Choi et al., the benefits of improved quality (Wu et al.; p.36; top/middle of page) with improved efficiency (Choi et al.; 0073) are achieved.
As to claim 26:
Wu et al. as described above does not explicitly teach:
wherein the mapping of the one or more synchronization channels onto the one or more portions of the available frequency Spectrum comprises mapping at least one guard band less than 5 MHz onto the one or more portions of the available frequency spectrum.
However, Choi et al. further teaches a 1.4 MHz capability which includes:
wherein the mapping of the one or more synchronization channels onto the one or more portions of the available frequency Spectrum comprises mapping at least one guard band less than 5 MHz onto the one or more portions of the available frequency spectrum.
(“The size of subband where the low-cost terminal operates cannot be larger than the system transmission bandwidth 2602, and is generally assumed as the minimum transmission bandwidth supported by the LTE system, i.e., 1.4 MHz (six consecutive PRBs). The base station may simultaneously serve a number of low-cost terminals by configuring/operating a plurality of subbands. FIG. 26 illustrates an example in which three subbands A, B, and C 1010, 1012, and 1014 are configured in the system transmission bandwidth 2602. The low-cost terminal may perform data or control signal communication operation through one subband of the subbands at some moment.”; Choi et al.; 0382)
(where
If the total bandwidth is “1.4 MHz”, then the gaps between the subbands as illistruated in FIG. 18 and FIG. 26 have to be less than “5 MHz”
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the 1.4 MHz mapping capability of Choi et al. into Wu et al. By modifying the processing/communications of Wu et al. to include the 1.4 MHz mapping capability as taught by the processing/communications of Choi et al., the benefits of improved quality (Wu et al.; p.36; top/middle of page) with improved efficiency (Choi et al.; 0073) are achieved.
As to claim 31:
Wu et al. as described above does not explicitly teach:
wherein the mapping of the at least two spatially diverse data streams to the one or more portions of the available frequency spectrum comprises mapping each of the at least two spatially diverse data streams to respective ones of TDD carriers within one or more allocated bands during one or more TDD DL access intervals for a node.
However, Choi et al. further teaches a TDD capability which includes:
wherein the mapping of the at least two spatially diverse data streams to the one or more portions of the available frequency spectrum comprises mapping each of the at least two spatially diverse data streams to respective ones of TDD carriers within one or more allocated bands during one or more TDD DL access intervals for a node.
(“For example, in case of TDD UL-DL configuration #6, downlink data and control information may be transmitted in subframes #0, #5, and #9, and uplink data and control information may be transmitted in subframes #2, #3, #4, #7, and #8. In subframes #1 and #6 corresponding to the special subframe, downlink control information, and in some cases, downlink data, may be transmitted, and SRS or RACH transmission is possible on uplink.”; Choi et al.; 0034)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the TDD mapping capability of Choi et al. into Wu et al. By modifying the processing/communications of Wu et al. to include the TDD mapping capability as taught by the processing/communications of Choi et al., the benefits of improved quality (Wu et al.; p.36; top/middle of page) with improved efficiency (Choi et al.; 0073) are achieved.
As to claim 32:
Wu et al. as described above does not explicitly teach:
further comprising transmitting the at least two spatially diverse data streams from a point-to-multipoint transmission node of a content delivery network infrastructure at an intermediate frequency (IF) which is between the upper frequency and the lower frequency.
However, Choi et al. further teaches a middle capability which includes:
further comprising transmitting the at least two spatially diverse data streams from a point-to-multipoint transmission node of a content delivery network infrastructure at an intermediate frequency (IF) which is between the upper frequency and the lower frequency.
(see FIG. 18)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the middle capability of Choi et al. into Wu et al. By modifying the processing/communications of Wu et al. to include the middle capability as taught by the processing/communications of Choi et al., the benefits of improved quality (Wu et al.; p.36; top/middle of page) with improved efficiency (Choi et al.; 0073) are achieved.
Claim(s) 23 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. WO 2018201942 (citations are from English translation) in view of Choi et al. US 20180337752 and in further view of Parkvall et al. US 20200137752.
As to claim 23:
Wu et al. as described above does not explicitly teach:
further comprising determining a required bandwidth for the at least two spatially diverse data streams.
However, Parkvall et al. further teaches a MIMO streams/bandwidth capability which includes:
further comprising determining a required bandwidth for the at least two spatially diverse data streams.
(“The selection of the timing indicator from the set of indicators may be based on scheduling information. The scheduling information may comprise at least one of: MIMO stream, Number of MIMO streams, transport block size of a data packet, retransmission buffer size, available resource blocks of the communication link, Frequency Bandwidth of the communication link, Frequency Bandwidth of the scheduled transmission, Channel coding configuration of the transmission, Traffic Type.”; Parkvall et al.; 0052)
determining a required bandwidth for the at least two spatially diverse data str
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the MIMO streams/bandwidth mapping capability of Parkvall et al. into Wu et al. By modifying the processing/communications of Wu et al. to include the MIMO streams/bandwidth mapping capability as taught by the processing/communications of Parkvall et al., the benefits of improved quality (Wu et al.; p.36; top/middle of page) with reduced signaling (Parkvall et al.; 0162) are achieved.
As to claim 24:
Wu et al. as described above does not explicitly teach:
wherein the determining the required bandwidth for the at least two spatially diverse data streams comprises adding requisite maximum bitrates for the at least two spatially diverse data streams, based on one or more performance requirements.
However, Parkvall et al. further teaches a MIMO streams/bandwidth capability which includes:
wherein the determining the required bandwidth for the at least two spatially diverse data streams comprises adding requisite maximum bitrates for the at least two spatially diverse data streams, based on one or more performance requirements.
(“The selection of the timing indicator from the set of indicators may be based on scheduling information. The scheduling information may comprise at least one of: MIMO stream, Number of MIMO streams, transport block size of a data packet, retransmission buffer size, available resource blocks of the communication link, Frequency Bandwidth of the communication link, Frequency Bandwidth of the scheduled transmission, Channel coding configuration of the transmission, Traffic Type.”; Parkvall et al.; 0052)
(where performing determining “Bandwidth of the scheduled transmission” for a plurality of “MIMO streams” is considered as requiring performing “adding”
determining a required bandwidth for the at least two spatially diverse data str
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the MIMO streams/bandwidth mapping capability of Parkvall et al. into Wu et al. By modifying the processing/communications of Wu et al. to include the MIMO streams/bandwidth mapping capability as taught by the processing/communications of Parkvall et al., the benefits of improved quality (Wu et al.; p.36; top/middle of page) with reduced signaling (Parkvall et al.; 0162) are achieved.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. WO 2018201942 (citations are from English translation) in view of Choi et al. US 20180337752 and in further view of Horev et al. US 20160088322.
As to claim 27:
Wu et al. discloses:
“bearer medium”
(“An apparatus for transmitting a downlink channel, which is applied to a communication system including a network device and the apparatus, wherein a system frequency domain resource used by the communication system is divided into N sub-bands, N≥2, the system frequency The domain resource is a frequency domain resource used based on a contention mechanism, and the device includes:
a processing unit, configured to determine, by the network device, a downlink time-frequency resource that is used to carry the at least one downlink channel, where the first downlink time-frequency resource in the downlink time-frequency resource is used to carry the at least one downlink a first downlink channel bearer in the channel, the first downlink time-frequency resource occupies M sub-bands in the N sub-bands in the frequency domain, N≥M≥2;”; p.72; top of page)
(“It should be noted that, in the embodiment of the present invention, the terminal device #A may perform detection in units of sub-bands, that is, in the embodiment of the present invention, the terminal device #A may detect whether one sub-band is available.”; p.40; middle of page)
(where
“bearer” maps to “bearer medium”,
Wu et al. as described above does not explicitly teach:
wherein the determining of the available frequency spectrum on the … comprises determining the available frequency spectrum on a hybrid fiber coax (HFC) infrastructure.
However, Horev et al. further teaches a HFC capability which includes:
wherein the determining of the available frequency spectrum on the … comprises determining the available frequency spectrum on a hybrid fiber coax (HFC) infrastructure.
(“At 725, a determination may be made whether the bitrate associated with the identified content version is less than a bandwidth available for delivery of content to the client device. In embodiments, the determination whether enough bandwidth is available for delivery of the identified content version to the client device may be made by the video quality server and may be based upon bandwidth available over an access network (e.g., bandwidth allocated to the delivery of content to a particular subscriber over a hybrid fiber-coaxial (HFC) network, mobile network, twisted pair network, or any other access network) or bandwidth available over a local area network (LAN) (e.g., bandwidth allocated to the client device by a CPE device such as a gateway device or any other device providing a LAN, such as a wireless local area network (WLAN)).”; Horev et al.; 0144)determining a required bandwidth for the at least two spatially diverse data str
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the HFC capability of Horev et al. into Wu et al. By modifying the processing/communications of Wu et al. to include the HFC capability as taught by the processing/communications of Horev et al., the benefits of improved quality (Wu et al.; p.36; top/middle of page) with improved VQoE (Horev et al.; 0018) are achieved.
Claim(s) 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. WO 2018201942 (citations are from English translation) in view of Choi et al. US 20180337752 and in further view of Dapper et al. US 20120195184.
As to claim 33:
Wu et al. as described above does not explicitly teach:
further comprising transmitting the one or more synchronization channels over the lower frequency of the available frequency spectrum.
However, Dapper et al. further teaches a lower frequency capability which includes:
further comprising transmitting the one or more synchronization channels over the lower frequency of the available frequency spectrum.
(“Steps 3940 set up the upstream communications from the ISU to the HDT. After 3941 receives PIN confirmation 3927, step 3942 sends a designation of the upstream frequency band to the ISU as an IOC message 3943. This frequency may have been specified by the operator in step 3931, or may have been generated by the HDT itself. Step 3944 tunes the ISU modem to this 6 Mhz band, and returns a confirmation 3945. Step 3946 then fine-tunes to the primary upstream sync channel of that band, such as the lower one in FIG. 13. Step 3947 enables an HDT receiver on the designated band. Steps 3950 adjust the transmitted power of the ISU in the upstream direction; in a multipoint-to-point-system, the power levels of all ISUs must track each other in order to ensure orthogonality of the entire signal received by the modem of FIG. 26. Step 3951 transmits a ranging tone at an initial power level from the ISU on this sync channel, which is sometimes called a ranging channel. At the HDT, step 3952 measures the received power level, and block 3953 sends an IOC message 3954, causing step 3955 at the ISU to adjust the power of its transmitter 200, FIG. 24, if necessary. If this cannot be done, message 3956 causes step 3946 to retune to a secondary ranging channel, such as the higher upstream sync tone of FIG. 13, and causes the step 3947 to enable the secondary channel at the HDT. If this loop also fails, exit 3957 reports a hard failure to the system logic.”; Campos et al.; 0351)
determining a required bandwidth for the at least two spatially diverse data str
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the lower frequency capability of Dapper et al. into Wu et al. By modifying the processing/communications of Wu et al. to include the lower frequency capability as taught by the processing/communications of Dapper et al., the benefits of improved quality (Wu et al.; p.36; top/middle of page) with improved performance (Dapper et al.; 0569) are achieved.
Claim(s) 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Campos et al. US 20160013855 (U.S. Patent Documents citation #331, listed on IDS dated 2024-02-01) in view of Zhang et al. US 20190045388.
As to claim 41:
Campos et al. as described above does not explicitly teach:
wherein the computer readable apparatus comprises a fog-based storage device which is distributed across multiple nodes of varying proximity and accessible via a computerized user device.
However, Zhang et al. further teaches a fog capability which includes:
wherein the computer readable apparatus comprises a fog-based storage device which is distributed across multiple nodes of varying proximity and accessible via a computerized user device.
(“The fog 620 provided from these IoT devices 602 may be presented to devices in the cloud 600, such as a server 606, as a single device located at the edge of the cloud 600, e.g., a fog device. In this example, the alerts coming from the fog device may be sent without being identified as coming from a specific IoT device 602 within the fog 620. In this fashion, the fog 620 may be considered a distributed platform that provides computing and storage resources to perform processing or data-intensive tasks such as data analytics, data aggregation, and machine-learning, among others.”; Zhang et al.; 0074)
(“In alternative embodiments, the machine 900 may operate as a standalone device or may be connected (e.g., networked) to other machines. In a networked deployment, the machine 900 may operate in the capacity of a server machine, a client machine, or both in server-client network environments. In an example, the machine 900 may act as a peer machine in peer-to-peer (P2P) (or other distributed) network environment. The machine 900 may be a personal computer (PC), a tablet PC, a set-top box (STB), a personal digital assistant (PDA), a mobile telephone, a web appliance, a network router, switch or bridge, or any machine capable of executing instructions (sequential or otherwise) that specify actions to be taken by that machine. Further, while only a single machine is illustrated, the term “machine” shall also be taken to include any collection of machines that individually or jointly execute a set (or multiple sets) of instructions to perform any one or more of the methodologies discussed herein, such as cloud computing, software as a service (SaaS), other computer cluster configurations.”; Zhang et al.; 0104)
(see FIG. 6)
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to implement the fog capability of Zhang et al. into Campos et al. By modifying the processing/communications of Campos et al. to include the fog capability as taught by the processing/communications of Zhang et al., the benefits of improved design (Campos et al.; 0055) with improved connectivity (Zhang et al.; 0073) are achieved.
Allowable Subject Matter
Claim(s) 28-30 and 34-36 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.
Independent claim 37 is objected but does not have a prior rejection.
Claims 38 and 39 which are dependent from claim 37 do not have a prior rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20190132170 – teaches mapping NR-SS/PBCH block for all carrier frequencies (see para. 0150).
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MICHAEL K. PHILLIPS
Examiner
Art Unit 2464
/MICHAEL K PHILLIPS/Examiner, Art Unit 2464