DETAILED ACTION
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 .
Claim Objection
2. Claim 2 is objected to because of the following informalities:
Claim 2, the phrase “the channel state information of the of different frequency sub-bands of the wireless link” appears having grammatical errors. Please change it into -- the channel state information of --.
Appropriate correction is required.
Double Patenting
3. 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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
4. Claims 1-7 are rejected under the judicially created doctrine of obviousness-type double patenting as being unpatentable over claims 1-2, 5, 7-9 and 14-15 of U.S. Patent No. 11,913,970 B2.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the subject matter of claims 1-7 of the present application (hereinafter ‘134) has been fully taught or rendered obvious by claims 1-2, 5, 7-9 and 14-15 of the U.S. Patent No. 11,913,970 B2 (hereinafter ‘970), as shown below:
‘134
‘970
1. A method comprising:
retrieving from a memory accessible to an electronic device a channel matrix comprising channel state information of a wireless link operating according to a defined wireless standard where channel state information of different frequency sub-bands of the wireless link is in a first dimension of the channel matrix and different samples or packets is in a second dimension of the channel matrix; and
filtering with an agent in execution upon the electronic device the retrieved channel matrix to generate a filtered channel matrix by applying a low-pass filter and a notch filter to the established channel matrix;
wherein the low-pass filter filters out a predetermined type of unwanted high frequency signals from the established channel matrix; and the notch filter filters out a predetermined type of unwanted low frequency signals from the established channel matrix.
1. A method for filtering out signals, the method comprising:
extracting with an agent channel state information from a chipset operating according to a defined wireless standard of a wireless access point associated with an active sensing area where the wireless access point receives wireless signals via a wireless link according to the defined wireless standard from a wireless device associated with the active sensing area;
establishing a channel matrix based upon the extracted channel state information comprising channel state information of different frequency sub-bands of the wireless link according to the defined wireless standard in a first dimension of the channel matrix and different samples or packets in a second dimension of the channel matrix;
filtering with the agent the established channel matrix by applying a low-pass filter and a notch filter to the established channel matrix
wherein the low-pass filter filters out a predetermined type of unwanted high frequency signals from the established channel matrix and the notch filter filters out a predetermined type of unwanted low frequency signals from the established channel matrix;
establishing in dependence upon the filtered established channel matrix and a plurality of profiles a profile of the plurality of profiles to associate with the sensing area where each profile of the plurality of profiles comprises a channel state information profile associated with one of an activity, an object, an individual and a biometric associated with or within the sensing area.
2. The method according to claim 1, further comprising at least one of:
extracting with an agent the channel state information of the of different frequency sub-bands of the wireless link from a chipset operating according to the defined wireless standard of a wireless access point associated with an active sensing area where the wireless access point receives wireless signals via a wireless link according to the defined wireless standard from a wireless device associated with the active sensing area;
establishing in dependence upon the filtered established channel matrix and a plurality of profiles a profile of the plurality of profiles to associate with the sensing area where each profile of the plurality of profiles comprises a channel state information profile associated with one of an activity, an object, an individual and a biometric associated with or within the sensing area.
1. A method for filtering out signals, the method comprising:
extracting with an agent channel state information from a chipset operating according to a defined wireless standard of a wireless access point associated with an active sensing area where the wireless access point receives wireless signals via a wireless link according to the defined wireless standard from a wireless device associated with the active sensing area;
establishing a channel matrix based upon the extracted channel state information comprising channel state information of different frequency sub-bands of the wireless link according to the defined wireless standard in a first dimension of the channel matrix and different samples or packets in a second dimension of the channel matrix;
filtering with the agent the established channel matrix by applying a low-pass filter and a notch filter to the established channel matrix
wherein the low-pass filter filters out a predetermined type of unwanted high frequency signals from the established channel matrix and the notch filter filters out a predetermined type of unwanted low frequency signals from the established channel matrix;
establishing in dependence upon the filtered established channel matrix and a plurality of profiles a profile of the plurality of profiles to associate with the sensing area where each profile of the plurality of profiles comprises a channel state information profile associated with one of an activity, an object, an individual and a biometric associated with or within the sensing area.
3. The method according to claim 1,
wherein the predetermined type of unwanted low frequency signals filtered from the established channel matrix by the notch filter are those within a gap within a frequency domain corresponding to an absolute value of the channel state information.
2. The method according to claim 1,
wherein the predetermined type of unwanted low frequency signals filter from the established channel matrix by the notch filter are those within a gap within a frequency domain corresponding to an absolute value of the channel state information.
4. The method according to claim 1, wherein applying the notch filter to filter out the predetermined type of unwanted low frequency signals from the established channel matrix maintains components of the established channel matrix filter at DC and above a defined frequency; and the defined frequency is either: 0.5Hz when the absolute value of the established channel matrix is employed; or 0.25Hz when the complex value of the established channel matrix is employed.
5. The method of claim 1,
wherein applying the notch filter to filter out the predetermined type of unwanted low frequency signals from the established channel matrix filters reduces in real-time false positives of establishing the profile of the plurality of profiles as motion of a person whilst maintaining components of the established channel matrix filter at DC and above a defined frequency; and the defined frequency is either: 0.5 Hz when the absolute value of the established channel matrix is employed; or 0.25 Hz when the complex value of the established channel matrix is employed.
5. The method according to claim 1, wherein applying the low-pass filter to filter out the predetermined type of unwanted high frequency signals from the established channel matrix maintains components of the established channel matrix filter below a defined frequency; and the defined frequency is 5Hz.
7. The method of claim 1, wherein applying the low-pass filter to filter out the predetermined type of unwanted high frequency signals from the established channel matrix filters reduces in real-time false positives of establishing the profile of the plurality of profiles as motion of 1 person whilst maintaining components of the established channel matrix filter below a defined frequency; and the defined frequency is 5 Hz.
6. The method according to claim 1, wherein the low-pass filter comprises a NxN two dimensional low-pass filter; and N is a non-zero positive integer.
8. The method according to claim 1, wherein applying the low-pass filter to filter out the predetermined type of unwanted high frequency signals from the established channel matrix comprises applying a N×N two dimensional low-pass filter to the established channel matrix; and N is a non-zero positive integer.
7. The method according to claim 1, wherein the low-pass filter comprises a NxN two-dimensional low-pass filter; and each row of the NxN two-dimensional low pass filter is one of: a low-pass finite impulse response (FIR) filter where N is a non-zero positive integer; a low pass 5th order FIR filter where N is a non-zero positive integer; and a low pass 5th order FIR filter where N=5.
9. The method according to claim 1, wherein applying the low-pass filter to filter out the predetermined type of unwanted high frequency signals from the established channel matrix comprises applying a N×N two-dimensional low-pass filter to the established channel matrix; and each row of the N×N two-dimensional low pass filter is one of: a low-pass finite impulse response (FIR) filter where N is a non-zero positive integer; a low pass 5th order FIR filter where N is a non-zero positive integer; and a low pass 5th order FIR filter where N=5.
8. The method according to claim 1,
wherein one of: filtering the established channel matrix with the agent removes artifacts or disturbances within the extracted channel state information arising from an intrinsic aspect of operation of the wireless link between the wireless access point and the wireless device; and
filtering the established channel matrix with the agent removes artifacts or disturbances within the extracted channel state information arising from an intrinsic aspect of operation of the wireless link where the intrinsic aspect of operation is one of automatic power control within a transmitter of one of the wireless access point and the wireless device and automatic power control within a receiver of one of the wireless access point and the wireless device.
14. The method according to claim 1, wherein filtering the established channel matrix with the agent removes artifacts or disturbances within the extracted channel state information arising from an intrinsic aspect of operation of the wireless link between the wireless access point and the wireless device.
15. The method according to claim 1, wherein filtering the established channel matrix with the agent removes artifacts or disturbances within the extracted channel state information arising from an intrinsic aspect of operation of the wireless link; and the intrinsic aspect of operation is one of: automatic power control within a transmitter of one of the wireless access point and the wireless device; and automatic power control within a receiver of one of the wireless access point and the wireless device.
A literal comparison between claims 1-7 of ‘134 with claims -2, 5, 7-9 and 14-15 of ‘970 indicates that the conflicting claims are not patentably distinct from each other except for: “retrieving” the channel matrix “from a memory accessible to an electronic device”, whereas claim 1 of ‘970 recites “establishing a channel matrix” instead.
However, with the broadest reasonable interpretation to the claim, it is deemed that retrieving the matrix that was established from memory in order to perform the filtering would have been rendered obvious by the claimed limitations of “establishing a channel matrix based upon the extracted channel state information …; filtering with the agent the established channel matrix by applying a low-pass filter and a notch filter to the established channel matrix …” in ‘970.
Rejections - 35 USC § 112
5. 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.
6. Claims 1-19 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 pre-AIA the applicant regards as the invention.
Regarding claims 2 and 11, the limitation “extracting with an agent the channel state information of the of different frequency sub-bands of the wireless link” is vague. It is unclear whether the extracted “channel state information” refers to the channel state information for different frequency sub-bands of the wireless link or something else.
Regarding claims 4 and 13, the recitation of the limitation "… maintains components of the established channel matrix filter at DC and above a defined frequency" renders the claim indefinite, because the literal definition of the term "DC" is unknown.
Claims 1-19 recites the limitation “the established channel matrix” and/or “the filtered established channel matrix”. There is insufficient antecedent basis for these limitations in the claims. It is unclear whether said “established channel matrix” referred to the “channel matrix” retrieved from said memory accessible to said electronic device or something else.
Therefore, the Examiner comprehends the claims based on her best interpretations to the phrases/terms in question.
Claim Rejections - 35 USC § 101
7. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 101 that form the basis for the rejections under this section made in this Office action:
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.
8. Claims 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Under the 2019 PEG (now been incorporated into MPEP 2106), the revised procedure for determining whether a claim is "directed to" a judicial exception requires a two-prong inquiry into whether the claim recites: (1) any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human interactions such as a fundamental economic practice, or mental processes); and (2) additional elements that integrate the judicial exception into a practical application (see MPEP § 2106.05(a)-(c), (e)-(h)).
Only if a claim (1) recites a judicial exception and (2) does not integrate that exception into a practical application, do we then look to whether the claim: (3) adds a specific limitation beyond the judicial exception that is not "well-understood, routine, conventional" in the field (see MPEP § 2106.0S(d)); or (4) simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception.
Claims 1-19 are directed to an abstract idea of filtering unwanted signals in a wireless motion detection system using multiband filters.
Specifically, representative claim 1 recites:
A method comprising:
(S1) retrieving from a memory accessible to an electronic device a channel matrix comprising channel state information of a wireless link operating according to a defined wireless standard where channel state information of different frequency sub-bands of the wireless link is in a first dimension of the channel matrix and different samples or packets is in a second dimension of the channel matrix; and
(S2) filtering with an agent in execution upon the electronic device the retrieved channel matrix to generate a filtered channel matrix by applying a low-pass filter and a notch filter to the established channel matrix, wherein the low-pass filter filters out a predetermined type of unwanted high frequency signals from the established channel matrix, and the notch filter filters out a predetermined type of unwanted low frequency signals from the established channel matrix.
The claim limitations in the abstract idea have been highlighted in bold above; the remaining limitations are “additional elements”.
The highlighted portion of the claim constitutes an abstract idea under the 2019 Revised Patent Subject Matter Eligibility Guidance and the additional elements are NOT sufficient to amount to significantly more than the judicial exceptions, as analyzed below:
Step
Analysis
1. Statutory Category ?
Yes.
Method
2A - Prong 1: Judicial Exception Recited?
Yes.
Under its broadest reasonable interpretation (BRI), the limitation S2 recited in the bolded portion of claim 1 encompasses mathematical concepts, namely a series of calculations leading to one or more numerical results or answers, which can also be performed in the human mind or with pen and paper. Note, the courts consider a mental process (thinking) that "can be performed in the human mind, or by a human using a pen and paper" to be an abstract idea. See CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1372, 99 USPQ2d 1690, 1695 (Fed. Cir. 2011). See also to MPEP 2106.04(a)(2).III
The limitation “an agent in execution upon the electronic device” is recited at a high level of generality. Under the BRI, it encompasses a general-purpose computer or microprocessor and related computing components. According to the MPEP 2106.04(a)(2), if a claim limitation, under its broadest reasonable interpretation, covers mental processes except for the mention of generic computer components performing computing activities via basic function of the computer, then the claim is likely considered to be directed to an ineligible abstract idea, as it essentially describes a mental process that could be performed by a human without the computer components adding any significant practical application beyond the abstract concept itself.
Nothing in the bolded portion precludes the limitation S2 from practically being performed in the mind and/or using a pen and paper.
As such, the bolded portion of instant claim 1 falls within a combination of the “Mathematical Concepts” and “Mental Process” Groupings of Abstract Ideas defined by the 2019 PEG.
2A - Prong 2: Integrated into a Practical Application?
No.
The limitation S1 reads on merely a process of gathering the data/information necessary for performing the abstract idea identified above in 2A - Prong 1. According to MPEP 2106.05(g)(3): … that were described as mere data gathering in conjunction with a law of nature or abstract idea. As such, it represents an extra-solution activity to the judicial exception.
Claim 1 recites “a memory accessible to an electronic device” at a high level of generality. Under the BRI, these additional elements encompass basic components of a general-purpose computer or microprocessor. The limitation to the “channel state information of a wireless link operating according to a defined wireless standard” encompass merely data characterization which can be viewed as an attempt to generally link the use of the judicial exception to the technological environment of wireless communication system. None of these additional limitations is qualified for meaningful limitations to integrate the identified judicial exception into a practical application. MPEP 2106.05(g) and 2106.04(d).
In general, the claim as a whole does not meet any of the following criteria to integrate the abstract idea into a practical application:
An additional element reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
an additional element that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition;
an additional element implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
an additional element effects a transformation or reduction of a particular article to a different state or thing; and
an additional element applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
Various considerations are used to determine whether the additional elements are sufficient to integrate the abstract idea into a practical application. However, in all of these respects, the claim fails to recite additional elements which might possibly integrate the claim into a particular practical application. Instead, based on the above considerations, the claim would tend to monopolize the algorithm across a wide range of applications.
2B: Claim provides an Inventive Concept?
No.
Focusing on what the inventors have invented exactly, it is considered that the “core” of pending claim 1 is directed to an abstract idea of filtering unwanted signals in a wireless motion detection system using multiband filters. The claim, as a whole, does not recite any limitation that amounts to “significantly more” or reflects an “inventive concept” under MPEP 2106.05. See also the prior art applied in sections 6-9 set forth below in this Office action.
The claim is therefore ineligible under 35 USC 101.
The dependent claims 2-9 inherit attributes of the independent claim 1, but do not add anything which would render the claimed invention a patent eligible application of the abstract idea. These claims merely extend (or narrow) the abstract idea which do not amount for "significant more" because they merely add details to the algorithm which forms the abstract idea as discussed above.
Claim 2 recites “extracting with an agent the channel state information of the of different frequency sub-bands of the wireless link from a chipset operating according to the defined wireless standard of a wireless access point associated with an active sensing area where the wireless access point receives wireless signals via a wireless link according to the defined wireless standard from a wireless device associated with the active sensing area”. Under the BRI, “extracting … the channel state information … ” encompasses an insignificant pre-solution activity of gathering the data/information necessary for performing the identified judicial exception. The claim does not specify how said “agent” operates in certain particular manner to perform the “extracting”. It could just as easily relate to the acquisition of the data from, e.g., look-up tables as opposed to the generation of actual measurement data in real-time. Thus claim 2 would monopolize the abstract idea across a wide range of applications. As to the limitation of “a chipset operating … via a wireless link according to the defined wireless standard from a wireless device associated with the active sensing area”, under the BRI, it generally links the use of the identified judicial exception to the technological environment of wireless communication system which comprising a chipset, such as a wireless transmitter or receiver, but does not amount to “significantly more” or reflect an “inventive concept” (See the prior art applied in sections 6-9 set forth below).
In particular, claim 2 further recites “establishing in dependence upon the filtered established channel matrix and a plurality of profiles a profile of the plurality of profiles to associate with the sensing area where each profile of the plurality of profiles comprises a channel state information profile associated with one of an activity, an object, an individual and a biometric associated with or within the sensing area”. Under the BRI, this limitation encompasses mental processes, i.e. data manipulation/evaluation that can be performed in the human mind, or by a human using a pen and paper. The data characteristics of the profile of said plurality of profiles represent merely an attempt to generally link the use of the judicial exception to the technological environment of wireless communication.
Claim 8 recites “ … removes artifacts or disturbances within the extracted channel state information arising from an intrinsic aspect of operation of the wireless link between the wireless access point and the wireless device” and “ … removes artifacts or disturbances within the extracted channel state information arising from an intrinsic aspect of operation of the wireless link where the intrinsic aspect of operation is one of automatic power control within a transmitter of one of the wireless access point and the wireless device and automatic power control within a receiver of one of the wireless access point and the wireless device”. Under the BRI, these limitations are considered merely data characteristics of the “filtering” (math + mental) which represent an attempt to generally link the use of the judicial exception to the technological environment of wireless communication but are not qualified for meaningful limitations to integrate the identified judicial exception into a practical application.
Claims 10-19 are treated as ineligible subject matter under 35 U.S.C. § 101 for the same reasons as for claims 1-9 set forth above.
Claim Rejections - 35 USC § 103
9. 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 of this title, 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.
10. Claims 1-5, 8-14 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20190178980 A1) in view of Ram et al. (US 10804945 B1) and Mashino et al. (US 20110129047 A1).
Regarding claims 1 and 10, Zhang discloses a method and a computer program for implementing the method, the method comprising: retrieving from a memory accessible to an electronic device (para. 0160: “A time series of channel information (CI) of a wireless multipath channel may be obtained using a processor, a memory communicatively coupled with the processor and a set of instructions stored in the memory”) channel state information (e.g., 125 in Fig. 1) of a wireless link operating according to a defined wireless standard (para. 0144: “each channel information (CI) may comprise at least one of: a channel state information (CSI), a frequency domain CSI, a frequency domain CSI associated with at least one sub-band …”; see also 0106-0107, 0147-0148, 0286: “The CI may be associated with information associated with a frequency band, a frequency signature, …”); and filtering with an agent in execution upon the electronic device the retrieved channel state information to generate a filtered channel state information by applying a low-pass filter, wherein the low-pass filter filters out a predetermined type of unwanted high frequency signals from the retrieved channel state information (para. 0201, 0334-0335).
Zhang does not mention explicitly: wherein the retrieved channel state information is expressed by a channel matrix, where channel state information of different frequency sub-bands of the wireless link is in a first dimension of the channel matrix and different samples or packets is in a second dimension of the channel matrix; wherein said filtering further comprises applying a notch filter to the retrieved channel state information, and the notch filter filters out a predetermined type of unwanted low frequency signals from the retrieved channel state information.
Ram discloses a computer implemented method of dynamic interference/noise cancellation in wireless receivers (Abstract), comprising: receiving/retrieving channel state information of a wireless link operating according to a defined wireless standard (col. 6, line 55 – col. 7, line 33), wherein said channel state information is expressed by a channel matrix, where channel state information of different frequency sub-bands of the wireless link is in a first dimension of the channel matrix and different samples or packets is in a second dimension of the channel matrix (col. 7, lines 7-18); and filtering the received/retrieved channel matrix to generate a filtered channel state information (col. 12, lines 27-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Ram’s teaching of channel matrix into Zhang such that the system is able to equalize different samples or packets with the channel matrix to remove at least a portion of the interference/noise to provide noise-cancelled equalized values of the samples or packets, such as for subsequent processing to obtain information of channel state (Ram, col. 2, lines 1-10).
The combination of Zhou and Ram is silent on: wherein said filtering further comprises applying a notch filter to the retrieved channel state information, and the notch filter filters out a predetermined type of unwanted low frequency signals from the retrieved channel state information.
Mashino teaches a reception device and method which reduce the effect of an interference signal in a multicarrier transmission scheme (Abstract), comprising a notch filter executable to reject a predetermined type of unwanted frequency signals from a gap within a frequency domain corresponding to an absolute value of the reception signal (para. 0054-0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Mashino’s notch filter into the combination of Zhang and Ram and apply it to the channel matrix such that the notch filter is executable to reject a predetermined type of unwanted frequency signals from a gap within a frequency domain corresponding to an absolute value of the channel state information. Doing so would reduce the effect of an interference signal while suppressing increases in a circuit scale and a processing time (Mashino, Abstract; para. 0003, 0010).
Mashino is silent on: wherein the notch filter filters out a predetermined type of unwanted low frequency signals from the reception signal.
However, because the claim of the instant application does not specify the particular function or benefit of the limitation in question, it is deemed that applying Mashino‘s notch filter to filter a predetermined type of unwanted low frequency signals from the retrieved channel matrix in the combination of Zhang/Ram is merely a design choice of said predetermined type of unwanted frequency signals, which is related to minor adjustment to the target frequency band of the notch filter. In view of Mashino’s teaching of the filter control process (para. 0040-0044; Figs. 4-8), a skilled person in the art would practice such a design choice without inventive step but depending on practical considerations and according to the dictates of the circumstances. It has been held that an obvious matter of engineering design choice is not patentably advanced.
Regarding claims 2 and 11, Zhang discloses: a wireless access point located in an active sensing area (para. 0102, 0147), wherein the wireless access point comprising a chipset (e.g., receiver 120 in Fig. 1) operating according to the defined wireless standard of a wireless access point (para. 0369, 0472); extracting with an agent (e.g., the sign estimator 210 in Fig. 2) the channel state information for different frequency sub-bands of the wireless link from the chipset (para. 0368, 0370, 0372), where the wireless access point receives wireless signals via a wireless link (e.g., 130 in Fig. 1) according to the defined wireless standard from a wireless device associated with the active sensing area (para. 0368).
Regarding claims 3 and 12, Zhang does not mention explicitly: wherein the predetermined type of unwanted low frequency signals filtered from the retrieved channel matrix by the notch filter are those within a gap within a frequency domain corresponding to an absolute value of the channel state information.
The teaching of Mashino includes: wherein the predetermined type of unwanted frequency signals filtered from the reception signal by the notch filter are those within a gap within a frequency domain corresponding to an absolute value of the reception signal (para. 0049: “a notch filter based on the desired signal information and the interference information”; para. 0054: “The filter control section 14 calculates a maximum value bmax_i and a minimum value bmin_i of a frequency band of the interference signal based on a center frequency and a frequency bandwidth of the interference signal …”). As such, the application of the Mashino’s notch filter to the Zhang/Ram combination discussed for claim 1 above renders the claimed invention obvious.
Regarding claims 4 and 13, Zhang does not but Mashino teaches or renders obvious that: wherein applying the notch filter to filter out the predetermined type of unwanted low frequency signals from the reception signal maintains components of the reception signal at a desired frequency and above a defined frequency (para. 0054: “The filter control section 14 calculates a maximum value bmax_i and a minimum value bmin_i of a frequency band of the interference signal based on a center frequency and a frequency bandwidth of the interference signal, calculates a maximum value bmax_d and a minimum value bmax_d of a frequency band of the desired signal based on a center frequency and a frequency bandwidth of the desired signal, and applies the notch filter to the filter 16 when bmax_i is lower than bmax_d and bmin_i is higher than bmin_d”; see also para. 0055-0056).
The combination of Zhang, Ram and Mashino is silent on: the defined frequency is either: 0.5Hz when the absolute value of the retrieved channel matrix is employed; or 0.25Hz when the complex value of the retrieved channel matrix is employed.
However, it is deemed that the features in question relate merely to choosing optimum values for the frequency components to be identified by Mashino’s notch filter and/or the filter control section (Mashino’s Fig. 2), which the skilled person would apply without inventive step but depending on practical considerations and according to the dictates of the circumstances. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding claims 5 and 14, Zhang discloses wherein applying the low-pass filter to filter out the predetermined type of unwanted high frequency signals from the retrieved channel state information maintains components of the retrieved channel state information filter below a defined frequency (para. 0201, 0334-0335). Zhang does not but the combination of Zhou and Ram discussed for claim 1 above teaches or renders it obvious: said channel state information comprises said channel matrix as recited.
The combination of Zhang, Ram and Mashino is silent on: the defined frequency is 5Hz.
However, it is deemed that the feature in question relates merely to choosing optimum values for the frequency components to be identified for Zhou’s low-pass filter, which the skilled person would apply without inventive step but depending on practical considerations and according to the dictates of the circumstances. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art.
Regarding claims 8 and 17, Zhang discloses: filtering the retrieved channel state information with the agent removes artifacts or disturbances within the extracted channel state information arising from an intrinsic aspect of operation of the wireless link between the wireless access point and the wireless device (para. 0201, 0388-0389, 0397, 0433). Zhang does not but the combination of Zhou and Ram discussed for claim 1 above teaches: the retrieved channel state information is the channel matrix as recited. As such, the combination of Zhou/Ram/Mashino renders the claimed invention obvious.
Regarding claims 9 and 18, Zhang discloses: wherein the wireless link comprises at least a wireless access point; and the electronic device upon which the agent is executing is one of the wireless access point, connected to the wireless access point via a network and a server remote from the wireless access point connected via another network (para. 0143, 0147, 0162, 0219, 0371-0372; see para. 0383-0384, 0403-0404).
Regarding claim 19, Zhang discloses a method comprising: retrieving from a memory accessible to an electronic device (para. 0160) channel state information (e.g., 125 in Fig. 1) of a wireless link operating according to a defined wireless standard (para. 0144: “each channel information (CI) may comprise at least one of: a channel state information (CSI), a frequency domain CSI, a frequency domain CSI associated with at least one sub-band …”; see also 0106-0107, 0147-0148, 0286: “The CI may be associated with information associated with a frequency band, a frequency signature, …”); and filtering with an agent in execution upon the electronic device the retrieved channel state information to generate a filtered channel state information by applying a low-pass filter (para. 0201, 0334-0335); wherein applying the low-pass filter filters out a predetermined type of unwanted high frequency signals from the retrieved channel state information (para. 0201, 0334-0335).
Zhang does not mention explicitly: wherein said channel state information is expressed by a channel matrix, where channel state information of different frequency sub-bands of the wireless link is in a first dimension of the channel matrix and different samples or packets is in a second dimension of the channel matrix; wherein said filtering further comprises applying a notch filter to the retrieved channel state information, and applying the notch filter filters out a predetermined type of unwanted low frequency signals from the channel matrix.
Ram discloses a computer implemented method of dynamic interference/noise cancellation in wireless receivers (Abstract), comprising: receiving/retrieving channel state information of a wireless link operating according to a defined wireless standard (col. 6, line 55 – col. 7, line 33), wherein said channel state information is expressed by a channel matrix, where channel state information of different frequency sub-bands of the wireless link is in a first dimension of the channel matrix and different samples or packets is in a second dimension of the channel matrix (col. 7, lines 7-18); and filtering the received/retrieved channel matrix to generate a filtered channel state information (col. 12, lines 27-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Ram’s teaching of channel matrix into Zhang such that the system is able to equalize different samples or packets with the channel matrix to remove at least a portion of the interference/noise to provide noise-cancelled equalized values of the samples or packets, such as for subsequent processing to obtain information of channel state (Ram, col. 2, lines 1-10).
Mashino teaches a reception device and method which reduce the effect of an interference signal in a multicarrier transmission scheme (Abstract), comprising a notch filter executable to reject a predetermined type of unwanted frequency signals from the reception signal (para. 0054-0056).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Mashino’s notch filter into the combination of Zhang and Ram and apply it to the channel matrix such that the notch filter is executable to reject a predetermined type of unwanted frequency signals from a gap within a frequency domain corresponding to an absolute value of the channel state information. Doing so would reduce the effect of an interference signal while suppressing increases in a circuit scale and a processing time (Mashino, Abstract; para. 0003, 0010).
Mashino is silent on: wherein the notch filter filters out a predetermined type of unwanted low frequency signals from the reception signal.
However, because the claim of the instant application does not specify the particular function or benefit of the limitation in question, it is deemed that applying Mashino‘s notch filter to filter a predetermined type of unwanted low frequency signals from the retrieved channel state information expressed by said channel matrix in the combination of Zhang/Ram is merely a design choice of said predetermined type of unwanted frequency signals, which is related to minor adjustment to the target frequency band of the notch filter. In view of Mashino’s teaching of the filter control process (para. 0040-0044; Figs. 4-8), a skilled person in the art would practice such a design choice without inventive step but depending on practical considerations and according to the dictates of the circumstances. It has been held that an obvious matter of engineering design choice is not patentably advanced.
11. Claims 6 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. in view of Ram et al. and Mashino et al. as applied to claim 1 above, further in view of Li et al. (US 20160080052 A1).
Regarding claims 6 and 15, the combination of Zhang, Ram and Mashino is silent on: wherein the low-pass filter comprises a NxN two dimensional low-pass filter; and N is a non-zero positive integer.
Li discloses a NxN two dimensional spatial low-pass filter applied to process channel state information of a wireless link operating according to a defined wireless standard, and N is a non-zero positive integer (para. 0091, 0176, 0196, 0305-0306).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Li’s 2D low-pass filter into the combination of Zhang, Ram and Mashino to arrive the claimed invention. Doing so would allow for assisting the user equipment's channel reconstruction to support operation of a large array in wireless communication (Li, para. 0093, 0176, 0198).
12. Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. in view of Ram et al. and Mashino et al. as applied to claim 1 above, further in view of Yu et al. (US 6873368 B1).
Regarding claims 7 and 16, Zhou discloses FIR filtering (para. 0335). The combination of Zhang, Ram and Mashino is silent on: wherein the low-pass filter comprises a NxN two-dimensional low-pass filter; and each row of the NxN two-dimensional low pass filter is one of: a low-pass finite impulse response (FIR) filter where N is a non-zero positive integer; a low pass 5th order FIR filter where N is a non-zero positive integer; and a low pass 5th order FIR filter where N=5.
Yu discloses a NxN two-dimensional low-pass filter (col. 3, lines 19-22), and each row of the NxN two-dimensional low pass filter is a low-pass finite impulse response (FIR) filter where N is a non-zero positive integer (col. 5, lines 46-67; col. 8, lines 59-61).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply Yu’s 2D low-pass filter into the combination of Zhang, Ram and Mashino to arrive the claimed invention. Doing so would allow for the greatest flexibility by adjusting individual filter coefficients as needed and the end result is low-pass filtered in a manner which generally allows encoding image data uniformly across a group of pictures, a frame, or a partial frame relative to a dominant commonality of the data being uniformly encoded (Yu, col. 3, lines 10-30).
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/X.S/Examiner, Art Unit 2857
/SHELBY A TURNER/Supervisory Patent Examiner, Art Unit 2857
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