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 Action is in response to Applicant’s Remarks filed on 05/05/2026. Claims 1-7 and 9-14 are still pending in the present application. This Action is made FINAL.
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 (i.e., changing from AIA to pre-AIA ) 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:
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 and 9-14 are rejected under 35 U.S.C. 103 as being un-patentable over Diener US Patent Application No.:( US 2015/0146543 A1) hereinafter referred as Diener, in view of Kilpatrick, II et al US Patent Application No.:( US 2015/0036598 A1) hereinafter referred as Kilpatrick.
For claim 1, Diener discloses a method performed by a network node for controlling power in a Random Access, RA, procedure from a User Equipment, UE, to a first Transmission and reception Point, TRP, in a multi TRP cell in a wireless communications network, the method comprising:
for each respective TRP out of a set of TRPs, calculating a smallest distance between this TRP (paragraph [0023], lines 1-10 discloses the distance for the smaller path loss between access point A and B or transmission/reception points) and each respective other TRP comprised in the set of TRPs, which set of TRPs are comprised in the multi TRP cell, obtaining a minimum distance among the calculated smallest distances (paragraph [0024], lines 1-9 discloses the distance of the path loss of the point A and B) and (paragraph [0026], lines 1-8 discloses the path loss between access points A and B, is then input to the Radio Resource Management operations to replace the (incorrect) measured access point-to-access point RSSI),
based on the minimum distance, establishing a path loss difference towards each of the TRPs in the set of TRPs, as experienced by the UE (paragraph [0037], lines 1-8 measure the path loss distance to the access point using the RSSI power coverage), and calculating a target power based on the established path loss difference (paragraph [0033], lines 1-15 discloses the determination (calculation) of the minimum RSSI value for the power to be transmitted). However, Diener disclose all the subject matter of the claimed invention with the exemption of a preamble detection sensitivity level, which target power is to be used by the UE for transmitting a preamble in the RA procedure as recited in claim 1.
Kilpatrick from the same or analogous art teaches the preamble detection sensitivity level, which target power is to be used by the UE for transmitting a preamble in the RA procedure (210 fig. 2A) (paragraph [0017], lines 1-8) and (paragraph [0056], lines 14-18). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the preamble detection sensitivity level, which target power is to be used by the UE for transmitting a preamble in the RA procedure as taught by Kilpatrick into the Uplink-based wireless radio resource management of Diener.
The preamble detection sensitivity level, which target power is to be used by the UE for transmitting a preamble in the RA procedure can be modify/implemented by combining the preamble detection sensitivity level, which target power is to be used by the UE for transmitting a preamble in the RA procedure with the device. This process is implemented as a hardware solution or as firmware solutions of Kilpatrick into the Uplink-based wireless radio resource management of Diener. As disclosed in Kilpatrick, the motivation for the combination would be to represent the power level designated for the initial transmission where the power can be adjusted becoming more efficient and reliable for a better communication.
For claim 2, Diener disclose all the subject matter of the claimed invention with the exemption of calculating a power ramping parameter based on, the established path loss difference, a factor and a power ramping parameter according to a regular system default value, which factor is determined based on historical statistics relating to power ramping as recited in claim 2.
Kilpatrick from the same or analogous art teaches the calculating a power ramping parameter based on, the established path loss difference (paragraph [0056], lines 11-22), a factor and a power ramping parameter according to a regular system default value (paragraph [0059], lines 1-12), which factor is determined based on historical statistics relating to power ramping (paragraph [0060], lines 1-8). . Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the calculating a power ramping parameter based on, the established path loss difference, a factor and a power ramping parameter according to a regular system default value, which factor is determined based on historical statistics relating to power ramping as taught by Kilpatrick into the Uplink-based wireless radio resource management of Diener.
The calculating a power ramping parameter based on, the established path loss difference, a factor and a power ramping parameter according to a regular system default value, which factor is determined based on historical statistics relating to power ramping can be modify/implemented by combining the calculating a power ramping parameter based on, the established path loss difference, a factor and a power ramping parameter according to a regular system default value, which factor is determined based on historical statistics relating to power ramping with the device. This process is implemented as a hardware solution or as firmware solutions of Kilpatrick into the Uplink-based wireless radio resource management of Diener. As disclosed in Kilpatrick, the motivation for the combination would be to represent the power level designated for the initial transmission where the power can be adjusted becoming more efficient and reliable for a better communication.
For claim 3, Diener disclose the method, further comprising: identifying the TRPs to be added to the set of TRPs, among the TRPs in the multi TRP cell , based on any one out of: a Zero Correlation Zone Configuration, Ncs, of the TRPs in the multi TRP cell or a cell range configuration of the TRPs in the multi TRP cell , which set of TRPs comprises TRPs running a risk to false detect a preamble from the UE (paragraph [0029], lines 1-10).
For claim 4, Diener disclose the method, further comprising: configuring the UE with the calculated target power to be used in the RA procedure from the UE to the first TRP (paragraph [0037], lines 6-11).
For claim 5, Diener disclose the method, wherein the configuring of the UE with the calculated target power further comprises configuring the UE with the calculated power ramping parameter to be used in the RA procedure from the UE to the first (paragraph [0039], lines 1-13).
For claim 6, Diener disclose all the subject matter of the claimed invention with the exemption of method is performed to avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs as recited in claim 6.
Kilpatrick from the same or analogous art teaches the method is performed to avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs (paragraph [0042], lines 1-8). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the method is performed to avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs as taught by Kilpatrick into the Uplink-based wireless radio resource management of Diener.
The method is performed to avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs can be modify/implemented by combining the method is performed to avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs with the device. This process is implemented as a hardware solution or as firmware solutions of Kilpatrick into the Uplink-based wireless radio resource management of Diener. As disclosed in Kilpatrick, the motivation for the combination would be to avoid Physical Random-Access Channel, PRACH improving network performance including the lower latency and reduces signal interference becoming more efficient and reliable for a better communication.
For claim 7, Diener discloses a non-transitory computer-readable storage medium comprising instructions, which when executed by a processor , causes the processor to perform actions comprising:
for each respective Transmission and Reception Point, TRP, out of a set of TRPs, calculate a smallest distance between this TRP (paragraph [0023], lines 1-10 discloses the distance for the smaller path loss between access point A and B or transmission/reception points and each respective other TRP comprised in the set of TRPs, which set of TRPs are arranged to be comprised in the multi TRP cell (paragraph [0024], lines 1-9 discloses the distance of the path loss of the point A and B) and (paragraph [0026], lines 1-8 discloses the path loss between access points A and B, is then input to the Radio Resource Management operations to replace the (incorrect) measured access point-to-access point RSSI),
obtain a minimum distance among the calculated smallest distances, based on the minimum distance (paragraph [0024], lines 1-9 discloses the distance of the path loss of the point A and B) and (paragraph [0026], lines 1-8 discloses the path loss between access points A and B, is then input to the Radio Resource Management operations to replace the (incorrect) measured access point-to-access point RSSI),, establish a path loss difference towards each of the TRPs in the set of TRPs, as experienced by a User Equipment (paragraph [0037], lines 1-8 measure the path loss distance to the access point using the RSSI power coverage), UE, and
calculate a target power based on the established path loss difference (paragraph [0033], lines 1-15 discloses the determination (calculation) of the minimum RSSI value for the power to be transmitted). However, Diener disclose all the subject matter of the claimed invention with the exemption of preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in a Random Access, RA, procedure to the first TRP as recited in claim 7
Kilpatrick from the same or analogous art teaches the preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in a Random Access, RA, procedure to the first TRP (210 fig. 2A) (paragraph [0017], lines 1-8) and (paragraph [0056], lines 14-18). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in a Random Access, RA, procedure to the first TRP as taught by Kilpatrick into the Uplink-based wireless radio resource management of Diener.
The preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in a Random Access, RA, procedure to the first TRP can be modify/implemented by combining the preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in a Random Access, RA, procedure to the first TRP with the device. This process is implemented as a hardware solution or as firmware solutions of Kilpatrick into the Uplink-based wireless radio resource management of Diener. As disclosed in Kilpatrick, the motivation for the combination would be to represent the power level designated for the initial transmission where the power can be adjusted becoming more efficient and reliable for a better communication.
For claim 9, Diener discloses a network node configured to control power in a Random Access, RA, procedure from a User Equipment, UE, to a first Transmission and Reception Point, TRP, in a multi TRP cell in a wireless communications network , the network node further being configured to:
for each respective TRP out of a set of TRPs , calculate a smallest distance between this TRP (paragraph [0023], lines 1-10 discloses the distance for the smaller path loss between access point A and B or transmission/reception points) and each respective other TRP comprised in the set of TRPs, which set of TRPs are arranged to be comprised in the multi TRP cell (paragraph [0024], lines 1-9 discloses the distance of the path loss of the point A and B) and (paragraph [0026], lines 1-8 discloses the path loss between access points A and B, is then input to the Radio Resource Management operations to replace the (incorrect) measured access point-to-access point RSSI),
obtain a minimum distance among the calculated smallest distances, based on the minimum distance, establish a path loss difference towards each of the TRPs in the set of TRPs, as experienced by the UE (paragraph [0037], lines 1-8 measure the path loss distance to the access point using the RSSI power coverage), and
calculate a target power based on the established path loss difference (paragraph [0033], lines 1-15 discloses the determination (calculation) of the minimum RSSI value for the power to be transmitted). However, Diener disclose all the subject matter of the claimed invention with the exemption of preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in the RA procedure to the first TRP as recited in claim 9.
Kilpatrick from the same or analogous art teaches the preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in the RA procedure to the first TRP (210 fig. 2A) (paragraph [0017], lines 1-8) and (paragraph [0056], lines 14-18). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in the RA procedure to the first TRP as taught by Kilpatrick into the Uplink-based wireless radio resource management of Diener.
The preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in the RA procedure to the first TRP can be modify/implemented by combining the preamble detection sensitivity level, which target power is arranged to be used by the UE for transmitting a preamble in the RA procedure to the first TRP with the device. This process is implemented as a hardware solution or as firmware solutions of Kilpatrick into the Uplink-based wireless radio resource management of Diener. As disclosed in Kilpatrick, the motivation for the combination would be to represent the power level designated for the initial transmission where the power can be adjusted becoming more efficient and reliable for a better communication.
For claim 10, Diener disclose all the subject matter of the claimed invention with the exemption of calculate a power ramping parameter based on the established path loss difference, a factor, and a power ramping parameter according to a regular system default value, which factor is adapted to be determined based on historical statistics relating to power ramping as recited in claim 10.
Kilpatrick from the same or analogous art teaches the
calculate a power ramping parameter based on the established path loss difference (paragraph [0056], lines 11-22), a factor, and a power ramping parameter according to a regular system default value (paragraph [0059], lines 1-12), which factor is adapted to be determined based on historical statistics relating to power ramping (paragraph [0060], lines 1-8). . Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the calculating a power ramping parameter based on, the established path loss difference, a factor and a power ramping parameter according to a regular system default value, which factor is determined based on historical statistics relating to power ramping as taught by Kilpatrick into the Uplink-based wireless radio resource management of Diener.
The calculating a power ramping parameter based on, the established path loss difference, a factor and a power ramping parameter according to a regular system default value, which factor is determined based on historical statistics relating to power ramping can be modify/implemented by combining the calculating a power ramping parameter based on, the established path loss difference, a factor and a power ramping parameter according to a regular system default value, which factor is determined based on historical statistics relating to power ramping with the device. This process is implemented as a hardware solution or as firmware solutions of Kilpatrick into the Uplink-based wireless radio resource management of Diener. As disclosed in Kilpatrick, the motivation for the combination would be to represent the power level designated for the initial transmission where the power can be adjusted becoming more efficient and reliable for a better communication.
For claim 11, Diener disclose the network node, further configured to: identify the TRPs to be added to the set of TRPs, among the TRPs in the multi TRP cell , based on any one out of:- a Zero Correlation Zone Configuration, Ncs, of the TRPs in the multi TRP cell or -a cell range configuration of the TRPs in the multi TRP cell , which set of TRPs is adapted to comprise TRPs running a risk to false detect a preamble from the UE (paragraph [0029], lines 1-10).
For claim 12, Diener disclose the network node, further configured to: configure the UE with the calculated target power to be used in the RA procedure from the UE to the first TRP (paragraph [0037], lines 6-11).
For claim 13, Diener disclose the network node, further configured to configure the UE with the calculated power ramping parameter to be used in the RA procedure from the UE to the first TRP (paragraph [0039], lines 1-13).
For claim 14, Diener disclose all the subject matter of the claimed invention with the exemption of avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs as recited in claim 14.
Kilpatrick from the same or analogous art teaches the avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs (paragraph [0042], lines 1-8). Therefore, it would have been obvious for the person of ordinary skill in the art at the time of filling to use the avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs as taught by Kilpatrick into the Uplink-based wireless radio resource management of Diener.
The avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs can be modify/implemented by combining the avoid Physical Random-Access Channel, PRACH, ambiguity for TRPs in the set of TRPs with the device. This process is implemented as a hardware solution or as firmware solutions of Kilpatrick into the Uplink-based wireless radio resource management of Diener. As disclosed in Kilpatrick, the motivation for the combination would be to avoid Physical Random-Access Channel, PRACH improving network performance including the lower latency and reduces signal interference becoming more efficient and reliable for a better communication.
Response to Arguments
Applicant's arguments filed on 02/05/2026, with respect to claims 1, 7 and 9 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may 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), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Diener US Patent Application No.: US 2015/0146543 A1) hereinafter referred as Diener, in view of Kilpatrick, II et al US Patent Application No.: US 2015/0036598 A1) hereinafter referred as Kilpatrick. Diener discloses the reciprocal nature of a wireless channel transmission and reception of packets occur on the same frequency using the same antennas), the path loss between an access point 15 and the tag and access point and the tag, determined based on the reception of the packets, can be used to derive downlink path loss information from the access point to a particular location in the network where the uplink transmission was received the location of the tag. Kilpatrick discloses the mobile device may determine a base station preamble sequence and RACH resource ID at block for a base station that the mobile device wishes to establish a communication link with. In some cases, the mobile device may receive the preamble sequence and RACH resource ID broadcast from the target or another base station, or may determine the preamble sequence and the RACH resource ID on its own, via techniques well known in the art. Since Transmission Reception Point (TRP) is a physical or logical point in a network that transmits and receives signals, serving as a key element in broadcasting and mobile communications. Therefore the transmission of the information from one device to another. However, Diener and Kilpatrick talk about the wireless transmission and reception of the signals and the management of the signal’s strength.
Applicant asserts that Diener does not teach in claims 1, 7 and 9, "based on the minimum distance, establishing a path loss difference towards each of the TRPs in the set of TRPs, as experienced by the UE, and calculating a target power based on the established path loss difference and a preamble detection sensitivity level, which target power is to be used by the UE for transmitting a preamble in the RA procedure.". However, the Examiner respectfully disagrees with such assertion. (See below for further clarification).
In response to the preceding argument examiner respectfully submits that Diener teaches "based on the minimum distance, establishing a path loss difference towards each of the TRPs in the set of TRPs, as experienced by the UE, and calculating a target power based on the established path loss difference and a preamble detection sensitivity level, which target power is to be used by the UE for transmitting a preamble in the RA procedure.". Diener teaches uniformity in tag location distribution and with no knowledge about antenna patterns, it is assumed that the two access points and the tag lie on a straight line. Next, the access point to tag distance is computed to provide the measured access point to tag path loss using the appropriate path loss model. The two access point to tag distances are summed to find access point-to-access point distance. Using the target RSSI for coverage, the cross-coverage area between the two access points is determined. This method provides the smallest cross coverage area by assuming the access points lie on a straight line with the tag as disclosed on Paragraph [0037]. A path loss sum value may be calculated for each of the plurality of the tags/clients (devices) in proximity to the neighboring access points. A tag/client may be in proximity to the neighboring access points when the tag/ client is which the cross-coverage area of the neighboring access points. The cross-coverage area of neighboring access points refers to an area where clients would hear both access points above a certain power threshold. The wireless controller determines the cross-coverage area between the two access points. To determine the cross-coverage area, one or more tags (or clients) for which the uplink RSSI values at both access points are larger than a threshold Tl are identified. The threshold Tl is set in order to take into account the transmit power of the tags and a target minimum RSSI value as disclosed on Paragraph [0037]. Since the TRP are in path with certain distance with the pathloss evaluation and considering the power threshold calculates the minimum distance to communicate using the signal strength management to communicate more efficiently. Therefore the threshold used as a difference of each TRP are based on the power using the minimum distance measured to the access point. The “ preamble detection sensitivity level, which target power is to be used by the UE for transmitting a preamble in the RA procedure”
The current random access transmission power may include a random access channel (RACH) preamble transmission power. In some cases, the instructions may enable the processor to transmit a RACH preamble using the predicted current random access transmission power. The instructions may enable the processor to reduce a number of power ramp steps taken by the mobile device during a random access procedure based on the predicted current random access transmission power. The instructions may further enable the processor to reduce interference from the mobile device during a random access procedure based on the predicted current random access transmission power. The mobile device may initiate a random access procedure with the base station by transmitting a random access preamble, such as a RACH or Physical RACH preamble, at a standard power level. The mobile device may receive the appropriate preamble sequence from the target base station, another base station, or may determine the sequence on its own. The standard power level may be based on metrics such as downlink path loss, a standard transmit power implemented in a wireless communication network, such as wireless communications system. The mobile device, after not receiving a response message from the base station for a certain time period, may transmit the same preamble sequence at a power level one ramp step higher, and again at a power level two ramp steps higher. The mobile device may continue to transmit the preamble sequence at progressively higher ramp steps until a power level X ramp steps higher than the standard power level, is detected by the base station. Therefore the first synchronization allowing the network to assign time determining how strong is the transmission power at the base station by a user equipment (UE) and the standard power level may be based on metrics such as downlink path loss
The prior art should be considered as a whole. See also MPEP § 2141.02 [R-5] Paragraph VI. Claims must be given the broadest reasonable interpretation during examination and limitations appearing in the specification but not recited in the claim are not read into the claim (See M.P.E.P. 2111 [R-l]).
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH AREVALO whose telephone number is (571)270-3121. The examiner can normally be reached on M-F 8:30-5:00 PM.
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/JOSEPH AREVALO/Primary Examiner, Art Unit 2642
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