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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to legible show the labeling of Fig.6 as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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.
Claim limitations “an identifying module configured to identify, an executing module configured to execute, a selecting sub-module configured to select, an obtaining sub-module configured to obtain, a comparing sub-module configured to compare, an updating sub-module configured to update, and a rejecting module configured to reject” in claim 9 (lines 10, 14, 17, 21, 24 of pg.5, and lines 3, 6, and 9 of pg. 6 of the claim) ” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses use a generic placeholder “module” coupled with functional language “configured to” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
In particular, the non-structural term “module” is used, and preceded by the no structural modifier. The non-structural claim term “module” is subsequently modified by the functional language “configured to” The non-structural claim term “module” is not subsequently modified by any structural language limitations. Therefore, despite not using “means for” language, the limitation is considered to have invoked 35 U.S.C. § 112, sixth paragraph and is treated accordingly. Generic terms such as “module,” “means,” “element,” and “device,” typically do not connote sufficiently definite structure. Applicant’s usage of “module” in the instant case is synonyms with “means.” The corresponding structure can be found in Fig.1 and 5.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 9 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: see Fig.1 and 5 and ¶0034, ¶0051, and ¶0074-¶0076 of originally filed Specification
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function- Such claim limitation(s) is: ‘means for’ in claim 10.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim 10 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: See Fig.1 and 5 and ¶0034, ¶0051, and ¶0074-¶0076 of originally filed Specification.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre- AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6, and 8-12 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.
Claims 1 and 9 recites the limitation “said table” in the 7th and 9th lines of the claims respectively. There is insufficient antecedent basis for this limitation in the claim since there is no recital of “a table” in the claims.
Allowable Subject Matter
Claims 1-6, and 8-12 would be in condition for allowance once the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is overcome.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record teaching the limitations of the claimed invention is realized in:
Lee et al- US 20080248803, where a determination of a location of a mobile station is made in one of a first region corresponding to a cell center, a third region corresponding to a cell edge, and a second region corresponding to an area between the first and third regions, allocating frequency resources within an entire frequency band to the mobile station when the mobile station is located in the first region, wherein the entire frequency band comprises at least a first frequency band and a second frequency band, allocating frequency resources within the first frequency band to the mobile station when the mobile station is located in the third region, and allocating frequency resources within the second frequency band to the mobile station when the mobile station is located in the second region- see Abstract and ¶0025.
Won et al- KR- 102039650- teaches frequency resource allocation processes in cognitive radio adhoc network comprising a data memory unit for storing available channel availability time and available channel rate of nodes in a cluster group; a compensation function calculator configured to calculate a channel use efficiency compensation function based on the channel availability time and the channel rate, and calculate a total compensation function based on the channel use efficiency compensation function; A reinforcement learning unit that calculates a Q-value for reinforcement learning based on the total compensation function and creates a Q-table for the Q-value; And a channel selector configured to select a channel in the cluster group based on the Q-table- see Abstract.
However, none of the prior art of record whether singly or in combination teaches or suggests the limitations of the Independent claims of:
allocating a frequency resource to at least one terminal [[(UE)]] positioned in a region of a cell belonging to a cellular network, said cell being partitioned into a plurality of regions, a same set E of frequency resources being associated with each region of the cell, said method including, following the transmission by said at least one terminal of a request for allocation of a frequency resource from among said set E, steps of:
identifying the cell and the region associated with said at least one terminal, [[if]] upon a determination that at least one frequency resource is available in said table among the set E of frequency resources associated with the identified cell and region;
executing a reinforcement learning algorithm based on the at least one value associated with said at least one available frequency resource, said execution including:
selecting a frequency resource from among said at least one available frequency resource;
obtaining a measurement of a determined quantity associated with said at least one terminal, said measurement being taken during a communication made by said at least one terminal using the selected frequency resource;
updating by positive or negative reinforcement, the value associated with the selected frequency resource according to a result of a comparison between the obtained measurement and a given threshold, the allocation request being rejected in the event of a negative reinforcement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DERRICK V ROSE whose telephone number is (571)270-7460. The examiner can normally be reached 9am- 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, YEMANE MESFIN can be reached at 571-272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DERRICK V ROSE/Primary Examiner, Art Unit 2462