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 .
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 12/07/2023 as modified by the preliminary amendment filed on 12/07/2023. Claims 1-7 and 9-14 are now pending in the present application.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The language of the claim raises a question as to whether the claim is directed merely to an abstract idea that is not tied to a technological art, environment or machine which would result in a practical application producing a concrete, useful, and tangible result to form the basis of statutory subject matter under 35 U.S.C. 101.
Claim 7, claim the non-statutory subject matter of method comprising a computer program where the only limitations in this claim is directed solely to the computer program which is purely a data structure and thus non-statutory subject matter. Data structures not claimed as embodied in a computer readable medium are descriptive material per se and are not statutory because they are not capable of causing functional change in the computer. See, e.g., Warmerdam, 33 F.3d at 1361, 31 USPQ2d at 1754 (claim to a data structure per se held nonstatutory). Therefore, since the claimed software programs are not tangibly embodied in a physical medium and encoded on a non-transitory computer readable medium then the Applicants has not complied with 35 U.S.C 101.
An amendment to these claims adding –"non-transitory computer-readable storage medium” to store the computer program would overcome this rejection.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/07/2023 is in compliance with the provision of 37 CFR 1.97, has been considered by the Examiner, and made of record in the application file.
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 computer program 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure is shown in the following table:
US-20220078745-A1
SIOMINA; Iana
US-20230422312-A1
Da Silva; Icaro L.J.
US-20190174554-A1
DEENOO; Yugeswar
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LIBERG; Olof
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Bergström; Mattias
US-20160165547-A1
OUCHI; Wataru
US-20160165545-A1
OUCHI; Wataru
US-20210007104-A1
Raghavan; Vasanthan
US-20200382978-A1
MANOLAKOS; Alexandros
US-20200314769-A1
Furuichi; Sho
US-20200196250-A1
Marcone; Alessio
US-20190069336-A1
Malik; Rahul
US-20200107235-A1
PEISA; Janne
US-20190116503-A1
Fuerter; Matthew Paul
US-20170367067-A1
Hwang; Wonjun
US-20160219475-A1
KIM; Jae Heung
US-20150124673-A1
Ouchi; Wataru
US-20150043465-A1
Ouchi; Wataru
US-20200205156-A1
ADJAKPLE; Pascal M.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on (571)272-7915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH AREVALO/Primary Examiner, Art Unit 2642