Notice of Pre-AIA or AIA Status
1. 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 Arguments
2. Applicant's arguments filed 05/04/2026 with respect to 103 rejection have been fully considered but they are not persuasive. Applicant asserts (page 8 of remarks):
a) Lemson teaches or discloses operations constitutes detection of radio resource states, not detection of a service provider to which a mobile station subscribes.
b) However, the Examiner very kindly directs applicant to determining location of indoor wireless subscribers. The DAU signal processing can identify the
individual carriers and their corresponding time slots. A header is included with
each data packet that uniquely identifies the corresponding RRU. The DAU can
detect the carrier frequency and the corresponding time slot associated with the
individual RRUs. The DAU has a running data base that identifies each carrier
frequency and time slot with a respective RRU. The carrier frequency and time
slot is the radio signature that uniquely identifies the GSM user (¶0048). Also,
operating within the DAU Monitoring module, that detects which carriers and corresponding time slots for each carrier are active for each RRU, provides information to the DAU Management Control module to help identify when, e.g., a particular downlink carrier is loaded by a percentage greater than a predetermined threshold whose value is communicated to the DAU Management Control module by the DAU's Remote Monitoring and Control function. If that occurs, the DAU Management Control
module adaptively modifies the system configuration to slowly begin to deploy
additional radio resources (such as RF carriers, CDMA codes or TOMA time
slots) for use by a particular RRU which need those radio resources within its
coverage area (¶0052). Therefore, Lemson teaches DAU management module detects which carriers are active of GSM network (i.e. communication service provider) for each RRU and detects which time slots for each carrier are active which mobile subscriber terminal subscribes (emphasis added).
c) Applicant also asserts: no disclosure or suggestion of detecting subscription relationships, stopping radio signals on a service-provider basis, or suppressing signals of non-subscribed service providers.
d) However, the Examiner very kindly directs applicant to Lemson where teaches the mobile subscriber terminal reports all available RSCP and Ee/No measurements via the serving base station (whether indoor or outdoor) to the network. Based on that information, the most likely mobile subscriber terminal location is calculated and/or determined. For CDMA networks, the operation is very similar to the process described herein (¶0045). Further, The DAU can detect the carrier frequency and the corresponding time slot associated with the individual RRUs. The DAU has a running data base that identifies each carrier frequency and time slot with a respective RRU. The carrier frequency and time slot is the radio signature that uniquely identifies the GSM user (¶0048). Examiner further point out to Murata reference where teaches the control portion configured to prevent/stop data communication (i.e. radio signal) in transmission destination (i.e. frequency band of provider) from being transmitted to the communication apparatus 10 corresponding to an absent user (i.e. not detected subscriber (emphasis added) (¶0133-134).
e) Applicant further asserts: Murata does not disclose or suggest: detection of radio carriers, control or stopping of frequency bands, general idea of service providers, or
" suppression of radio signals.
f) However, the Examiner very kindly point out to the circulation data transmission/reception process, by execution of the processing in step S36, the circulation data and the transmission destination list are prevented/stopped from being erroneously transmitted to another communication apparatus 10 not included in the transmission destination list. It is noted that the processing in step S36 may be omitted (¶0131). Also, in step S37, the control portion 16 transmits the circulation data and the transmission destination list received in step S21 to the other communication apparatus 10 determined to exist at the azimuth corresponding to the movement direction in step S35, as in step S19 of the circulation list generation process. Here, the processing in step S37 is an example of a second step of the present disclosure, and is executed by the transmission processing portion 166 of the control portion 16.
In the circulation list generation process and the circulation data transmission/reception process, when the specific operation is detected on the transmission operation screen, it is determined whether or not another communication apparatus 10 exists at an azimuth corresponding to the movement direction of the operation position in the specific operation. Then, if another communication apparatus 10 is determined to exist at the azimuth corresponding to the movement direction, the circulation data and the transmission destination list are transmitted to the other communication apparatus 10 that exists at the azimuth corresponding to the movement direction. Thus, a user who intends to determine the next transmission destination of the circulation data voluntarily confirms the presence conditions of other users around the user, whereby the circulation data is prevented from being transmitted to the communication apparatus 10 corresponding to an absent user (i.e. not detected subscriber) (¶0133-134).
g) In response to applicant's argument that there is no suggestion or motivation to combine the references, the examiner recognizes that obviousness can only be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988) and In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992). In this case, both inventions, Lemson and Murata, are directed toward communication apparatus corresponding to the plurality of users included in the communication system for data transmission/reception process, therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Lemson and Murata's method and apparatus, with a motivation to prevent data from being transmitted to the communication apparatus corresponding to an absent user, thus, stagnation of circulation of the circulation data among a plurality of users can be avoided. Thus, the advantages of the systems of Lemson and Murata could have been easily combinable with more than reasonable expectation of success and the combination is efficient and proper.
3. Therefore, the limitations of the claims are met and the rejection is made final.
Claim Rejections - 35 USC § 103
4. 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.
A) Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over LEMSON (WO 2012/024345 A2) in view of Murata (US 2018/0063885 A1).
As per claim 1, LEMSON teaches a communication relay system (Fig.3, communication relay system) comprising: a master transceiver that transmits and receives a signal to and from a base station of a mobile communication system (Fig.3 and ¶0030, DAU (i.e. master transceiver) is transmitting and receiving RF signal from BTS (i.e. base station) of the mobile communication system); and a plurality of remote transceiver that transmit and receive the signal to and from the master transceiver and wirelessly communicate with a mobile station of the mobile communication system (Fig.3 and ¶0030, remote radio head units (RRUs) are transmitting and receiving the RF signal to and from DAU and wirelessly communicate with mobile subscriber terminal); a service provider detector that detects a communication service provider to which the mobile station subscribes (¶0048 and ¶0052, DAU management module detects which carriers are active of GSM network (i.e. communication service provider) for each RRU and detects which time slots for each carrier are active which mobile subscriber terminal subscribes).
However, LEMSON does not explicitly teach a transmission end controller that stops a radio signal in a frequency band of a communication service provider not detected by the service provider detector.
In the same field of endeavor, Murata teaches a transmission end controller that stops a radio signal in a frequency band of a communication service provider not detected by the service provider detector (¶0133-134, control portion configured to prevent/stop data communication (i.e. radio signal) in transmission destination (i.e. frequency band of provider) from being transmitted to the communication apparatus 10 corresponding to an absent user (i.e. not detected subscriber).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LEMSON’s invention in order to prevent data from being transmitted to the communication apparatus corresponding to an absent user, thus, stagnation of circulation of the circulation data among a plurality of users can be avoided.
As pr claim 2 as applied to claim 1 above, LEMSON further teaches wherein the master transceiver includes: a detector configured to detect that the mobile station is located at a position where radio communication with the plurality of remote transceiver is possible (Fig.3, ¶0048, detector to detect the user of mobile subscriber terminal located at the particular cell (i.e. position) where radio communication with RRUs is received therefore possible); a determiner configured to determine to which of the plurality of remote transceiver communication resources for performing radio communication with the mobile station located at the position where the radio communication is possible are to be allocated (¶0048 and ¶0052, determining that RRUs radio resources for performing communication with mobile subscriber terminal located at the particular cell where communication is received begin to deploy/allocate); and an allocator configured to allocate the communication resources to the remote transceiver in accordance with a determination result of the determiner (¶0048 and ¶0052, deploying or allocating (i.e. allocator) the radio resources to the for use by particular RRU based on determination).
As pr claim 3 as applied to claim 2 above, LEMSON further teaches
the master transceiver further includes a resource detector configured to detect availabilities of the respective communication resources of the plurality of remote transceiver (¶0032 and ¶0052, determine or detect radio resource which available for RRUs), and the determiner is configured to determine to which of the plurality of remote transceiver communication resources for performing radio communication with the mobile station located at the position where the radio communication is possible are to be allocated, in accordance with a detection result of the resource detector (¶0032 and ¶0052, determine to which of the RRUs radio resources for performing communication with the mobile subscriber terminal located at the particular position where the radio communication is received to be deploy).
As pr claim 4 as applied to claim 3 above, LEMSON further teaches the determiner is configured to determine to which of the plurality of remote transceiver a communication resource for performing radio communication with the mobile station located at the position where the radio communication is possible are to be allocated, in accordance with a detection result of the resource detector (¶0032 and ¶0052, determine to which of the RRUs radio resource(s) for performing communication with the mobile subscriber terminal located at the particular position where the radio communication is received to be deploy).
As per claim 5, LEMSON teaches a radio device configured to transmit and receive a signal to and from a master transceiver capable of transmitting and receiving the signal to and from a base station of a mobile communication system and to perform radio communication with a mobile station of the mobile communication system, the radio device (Fig.3 and ¶0030, DAU (i.e. master transceiver) is transmitting and receiving RF signal to and from remote radio head units (RRUs) capable of are transmitting and receiving the RF signal to and from BTS (i.e. base station) of the mobile communication system and wirelessly communicate with mobile subscriber terminal) comprising: a service provider detector configured to detect a communication service provider to which the mobile station subscribes (¶0048 and ¶0052, DAU management module detects which carriers are active of GSM network (i.e. communication service provider) for each RRU and detects which time slots for each carrier are active which mobile subscriber terminal subscribes). However, LEMSON does not explicitly teach a transmission end controller configured to stop a radio signal in a frequency band of a communication service provider not detected by the service provider detector.
In the same field of endeavor, Murata teaches a transmission end controller configured to stop a radio signal in a frequency band of a communication service provider not detected by the service provider detector (¶0133-134, control portion configured to prevent/stop data communication (i.e. radio signal) in transmission destination (i.e. frequency band of provider) from being transmitted to the communication apparatus 10 corresponding to an absent user (i.e. not detected subscriber).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify LEMSON’s invention in order to prevent data from being transmitted to the communication apparatus corresponding to an absent user, thus, stagnation of circulation of the circulation data among a plurality of users can be avoided.
Conclusion
5. THIS ACTION IS MADE FINAL. 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 FARIDEH MADANI whose telephone number is (571)272-1249. The examiner can normally be reached Monday through Friday; 9 AM to 5 PM EST.
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, JINSONG HU can be reached at 5712723965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FARIDEH MADANI/Examiner, Art Unit 2643
/JINSONG HU/ Supervisory Patent Examiner, Art Unit 2643
Prosecution Insights