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 .
1. Claims 2-13 and 15-22 are pending. Claims 1 and 14 are canceled.
Response to Arguments
2. Regarding claim 2, on pages 10-12, the applicant argues that Coe does not explicitly disclose “the obtaining the transmit power threshold of the radio frequency device in the first time period comprises: obtaining, based on a temperature of the radio frequency device at a start moment of the first time period and the operating temperature threshold of the radio frequency device, a maximum steady-state temperature allowed in the first time period; and
obtaining the transmit power threshold of the radio frequency device in the first time period based on the maximum steady-state temperature allowed in the first time period and a correspondence between a temperature of the radio frequency device and a transmit power of the radio frequency device.”
In response to applicant's argument, the examiner respectfully disagrees with the applicant's response.
Coe US 2013/0344830 discloses obtaining, based on a temperature of the radio frequency device at a start moment of the first time period and the operating temperature threshold of the radio frequency device, a maximum steady-state temperature allowed in the first time period.
Coe, Fig. 4 [0050]-[0051] discloses obtaining the transmit power threshold of the radio frequency device in the first time period ([0050], maximum power level 42A at a first time period as shown on the x-axis of FIG. 4) based on the maximum steady-state temperature allowed in the first time period (Fig. 5 [0062]- [0063] maintaining a temperature that is in compliance over a period of time corresponds to a steady-state temperature. The threshold of compliance is the maximum steady-state temperature) and a correspondence between a temperature of the radio frequency device and a transmit power of the radio frequency device (Fig. 4 depicts the correspondence between the TEMP(T) on the y-axis and the POWER (P))
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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:
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.
3. Claim(s) 2-8, 11-13, 15 and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coe al, US 2013/0344830 hereafter Coe in view of Bishop et al, US 2014/0155119 (as cited in the IDS dated 09/27/2024) hereafter Bishop.
As for claim 2, Coe discloses:
A method, comprising:
obtaining, based on a temperature of the radio frequency device at a start moment of the first time period and the operating temperature threshold of the radio frequency device, a maximum steady-state temperature allowed in the first time period (Coe, Fig. 4, [0050]-[0054], [0064], Obtaining the transmitter's temperature 44 at a time (t) has shown in Figure 4 in relation to the universal temperature threshold T.sub.B. If the non-compliance's duration reaches .DELTA.t, then the transmitter 28 triggers backoff and decreases the maximum power level 42A to restore the metric to compliance.); and
obtaining the transmit power threshold of the radio frequency device in the first time period based on the maximum steady-state temperature allowed in the first time period and a correspondence between a temperature of the radio frequency device and a transmit power of the radio frequency device (Coe, Fig. 4, [0050]-[0054], [0062]-[0065], The transmitter 28 tailors power control in this way even as the transmitter's temperature 44 increases (e.g., in association with the power amplifier 32 nearing its non-linear region). In particular, the transmitter 28 in at least some embodiments does not initiate back off of its maximum power level 42A until after the transmitter's temperature 44 has exceeded the universal worst-case temperature threshold T.sub.B (e.g., by .DELTA.T) that would have otherwise triggered backoff. If the non-compliance's duration reaches .DELTA.t, then the transmitter 28 triggers backoff and decreases the maximum power level 42A to restore the metric to compliance.)
controlling a transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period (Coe, Fig. 4, [0050]-[0054], [0064], Obtaining the transmitter's temperature 44 at a time (t) has shown in Figure 4 in relation to the universal temperature threshold T.sub.B. If the non-compliance's duration reaches .DELTA.t, then the transmitter 28 triggers backoff and decreases the maximum power level 42A to restore the metric to compliance.)
Coe does not explicitly disclose obtaining, based on a temperature of a radio frequency device in a first time period and an operating temperature threshold of the radio frequency device, a transmit power threshold of the radio frequency device in the first time period.
However, Bishop discloses obtaining, based on a temperature of a radio frequency device in a first time period and an operating temperature threshold of the radio frequency device, a transmit power threshold of the radio frequency device in the first time period. (Bishop, [0089]-[0090], [0094]-[0096], determine the maximum permitted transmit power for a particular limitation period total_max_power in dependence upon the current temperature of the device, or the average temperature of the device over a period immediately preceding the limitation period for which the maximum total transmit power (total_max_power) is being determined)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Coe with obtaining, based on a temperature of a radio frequency device in a first time period and an operating temperature threshold of the radio frequency device, a transmit power threshold of the radio frequency device in the first time period as taught by Bishop to provide improved quality of service. (Bishop, [0095])
As for claims 3 and 15, Coe does not explicitly disclose the transmit power threshold in the first time period is an average transmit power threshold in the first time period, the first time period comprises a plurality of scheduling time units, and the controlling the transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period comprises: controlling an average value of transmit powers of the radio frequency device in the plurality of scheduling time units in the first time period to be less than or equal to the average transmit power threshold in the first time period.
However, Bishop discloses the transmit power threshold in the first time period is an average transmit power threshold in the first time period, the first time period comprises a plurality of scheduling time units, and the controlling the transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period comprises: controlling an average value of transmit powers of the radio frequency device in the plurality of scheduling time units in the first time period to be less than or equal to the average transmit power threshold in the first time period. (Bishop, [0032] The average transmit power of the device, averaged over a predetermined period of time, cannot exceed a predetermined power, and the method comprises determining the current maximum permitted transmit power of the device at the start of each limitation period in dependence upon said predetermined power and the previous transmit power of the device. Monitoring the previously used transmit power and determining the current maximum permitted transmit power of the device for a particular limitation period in dependence upon this allows upper bounds on the transmit powers of the radio systems to be dynamically adjusted such that the average transmit power of the device does not exceed the predetermined power.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Coe with the transmit power threshold in the first time period is an average transmit power threshold in the first time period, the first time period comprises a plurality of scheduling time units, and the controlling the transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period comprises: controlling an average value of transmit powers of the radio frequency device in the plurality of scheduling time units in the first time period to be less than or equal to the average transmit power threshold in the first time period as taught by Bishop to provide improved quality of service. (Bishop, [0095])
As for claim 4, Coe discloses monitoring, based on said comparison, whether or not the at least one performance metric is in compliance with the corresponding performance metric threshold; responsive to said monitoring indicating that the at least one performance metric is not in compliance, monitoring a duration for which the at least one performance metric continues in non-compliance (Coe, Fig. 5, [0055], [0061], If the metric is not in compliance (NO at Block 120), processing includes beginning to monitor the duration for which the metric continues in non-compliance (Block 130) and comparing this duration to a defined non-compliance duration threshold (Block 140). Responsive to the duration reaching or exceeding this threshold (YES at Block 140), processing entails decreasing (i.e., backing off) the maximum permissible level of the total power of the input signal 38 such that the performance metric returns to being in compliance (Block 150), Bishop [0094], allow the total transmit power of the device 10 to exceed P.sub.ave for a length of time T that is shorter than T.sub.ave without exceeding P.sub.ave over that whole period T.sub.ave.); and responsive to said duration reaching or exceeding a defined non-compliance duration threshold, decreasing said maximum permissible level such that the at least one performance metric returns to being in compliance (Coe, Fig. 5, [0055], [0061], If the metric is not in compliance (NO at Block 120), processing includes beginning to monitor the duration for which the metric continues in non-compliance (Block 130) and comparing this duration to a defined non-compliance duration threshold (Block 140). Responsive to the duration reaching or exceeding this threshold (YES at Block 140), processing entails decreasing (i.e., backing off) the maximum permissible level of the total power of the input signal 38 such that the performance metric returns to being in compliance (Block 150), Bishop, [0048]-[0051], [0054]-[0055], the arbiter 40 is configured to limit the transmit powers of the radio systems 23,33 to the determined upper bounds for a predetermined limitation period (T.sub.lim) and then, after this limitation period has expired, the arbiter 40 is configured to reassess the upper bounds on the transmit powers of the radio systems 23,33 and set new upper bounds on the transmit powers of the radio systems 23,33 for the next limitation period. This is repeated by the arbiter 40 so that the upper bounds are reassessed periodically, after every limitation period.)
As for claim 5, Coe discloses controlling comprises tolerating said short-term non-compliance provided that a temperature measured by a temperature sensor included in the radio transmitter remains in compliance with a temperature threshold associated with a second defined performance level of the output signal, wherein the second defined performance level reflects a lower performance level of the output signal than that reflected by the first defined performance level (Coe, Fig. 3, Fig. 5, [0055], If the metric is not in compliance (NO at Block 120), processing includes beginning to monitor the duration for which the metric continues in non-compliance (Block 130) and comparing this duration to a defined non-compliance duration threshold (Block 140). Responsive to the duration reaching or exceeding this threshold (YES at Block 140), processing entails decreasing (i.e., backing off) the maximum permissible level of the total power of the input signal 38 such that the performance metric returns to being in compliance (Block 150).).
As for claim 6, Coe discloses wherein the at least one performance metric characterizes the performance of the output signal in terms of signal quality (Coe, [0011], [0043]-[0044], the power control circuit additionally or alternatively includes an internal signal quality monitor configured to measure the feedback signal to obtain at least one performance metric that characterizes performance of the output signal in terms of signal quality. Internal feedback-based characterization of the transmitter's spectral emissions and/or signal quality enables the transmitter to perform closer to specified emissions limits and/or signal quality targets.)
As for claim 7, Coe discloses said controlling comprises controlling said maximum permissible level to also maintain at least one other of said one or more performance metrics in compliance with a corresponding performance metric threshold, without tolerance for short-term non-compliance with that threshold (Coe, [0049], the power control circuit 36 dynamically measures the feedback signal 40 in order to characterize the signal quality and spectral emissions of the output signal 24. Based on comparing the measured signal quality and spectral emissions to corresponding thresholds defining the minimum signal quality level and maximum spectral emission level, the power control circuit 36 adjusts the maximum permissible level of the total power of the input signal 38, as needed, in order to maintain measured signal quality at or above the defined minimum level and to maintain measured spectral emissions below the defined maximum level.).
As for claims 8 and 20, Coe discloses obtaining the temperature of the radio frequency device in the first time period (Coe, Fig. 4, [0050]-[0054], Obtaining the transmitter's temperature 44 at a time (t) has shown in Figure 4).
As for claim 11, Coe discloses the method is performed by a baseband unit (BBU). (Coe, Fig. 2. [0069], The baseband processing parameters applied by the radio access node)
As for claim 12, Coe discloses the controlling the transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period is performed so that, after the first time period, a temperature of the radio frequency device is less than or equal to the operating temperature threshold (Coe, [0064], the transmitter 28 continues to transmit the signal 24 at maximum power level 42A, but begins to monitor the duration and extent of the non-compliance. If the non-compliance's duration reaches .DELTA.t, then the transmitter 28 triggers backoff and decreases the maximum power level 42A to restore the metric to compliance).
As for claim 13, Coe discloses:
An apparatus, comprising: a processor and a memory, wherein the memory is configured to store a computer program, and the processor is configured to invoke and run the computer program stored in the memory, wherein the computer program instructs the processor to:
obtaining, based on a temperature of the radio frequency device at a start moment of the first time period and the operating temperature threshold of the radio frequency device, a maximum steady-state temperature allowed in the first time period (Coe, Fig. 4, [0050]-[0054], [0064], Obtaining the transmitter's temperature 44 at a time (t) has shown in Figure 4 in relation to the universal temperature threshold T.sub.B. If the non-compliance's duration reaches .DELTA.t, then the transmitter 28 triggers backoff and decreases the maximum power level 42A to restore the metric to compliance.); and
obtaining the transmit power threshold of the radio frequency device in the first time period based on the maximum steady-state temperature allowed in the first time period and a correspondence between a temperature of the radio frequency device and a transmit power of the radio frequency device (Coe, Fig. 4, [0050]-[0054], [0062]-[0065], The transmitter 28 tailors power control in this way even as the transmitter's temperature 44 increases (e.g., in association with the power amplifier 32 nearing its non-linear region). In particular, the transmitter 28 in at least some embodiments does not initiate back off of its maximum power level 42A until after the transmitter's temperature 44 has exceeded the universal worst-case temperature threshold T.sub.B (e.g., by .DELTA.T) that would have otherwise triggered backoff. If the non-compliance's duration reaches .DELTA.t, then the transmitter 28 triggers backoff and decreases the maximum power level 42A to restore the metric to compliance.)
controlling a transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period (Coe, Fig. 4, [0050]-[0054], [0064], Obtaining the transmitter's temperature 44 at a time (t) has shown in Figure 4 in relation to the universal temperature threshold T.sub.B. If the non-compliance's duration reaches .DELTA.t, then the transmitter 28 triggers backoff and decreases the maximum power level 42A to restore the metric to compliance.)
Coe does not explicitly disclose obtaining, based on a temperature of a radio frequency device in a first time period and an operating temperature threshold of the radio frequency device, a transmit power threshold of the radio frequency device in the first time period.
However, Bishop discloses obtaining, based on a temperature of a radio frequency device in a first time period and an operating temperature threshold of the radio frequency device, a transmit power threshold of the radio frequency device in the first time period. (Bishop, [0089]-[0090], [0094]-[0096], determine the maximum permitted transmit power for a particular limitation period total_max_power in dependence upon the current temperature of the device, or the average temperature of the device over a period immediately preceding the limitation period for which the maximum total transmit power (total_max_power) is being determined)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Coe with obtaining, based on a temperature of a radio frequency device in a first time period and an operating temperature threshold of the radio frequency device, a transmit power threshold of the radio frequency device in the first time period as taught by Bishop to provide improved quality of service. (Bishop, [0095])
As for claim 21, Coe discloses maximum steady-state temperature allowed in the first time period (Fig. 4, [0050], the maximum power level 42A) is related to at least one of a temperature difference between the temperature of the radio frequency device at the start moment of the first time period, and the operating temperature threshold of the radio frequency device, (Fig. 4, [0049]-[0051], the ∆T is the difference in temperature at a time T) or duration required for the radio frequency device to reach the steady-state temperature.
4. Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coe al, US 2013/0344830 in view of Bishop et al, US 2014/0155119 as applied to claim 8 above, and further in view of Kocagoez et al, WO 2018/041530 A2 hereafter Kocagoez.
As for claim 9, the combination of Coe and Bishop does not explicitly disclose the obtaining the temperature of the radio frequency device in the first time period comprises: predicting the temperature of the radio frequency device in the first time period based on load of the radio frequency device in the first time period and a temperature model; or a combination of predicting a temperature variation amount of the radio frequency device in the first time period based on load of the radio frequency device in the first time period and the temperature model; and determining the temperature of the radio frequency device in the first time period based on the temperature of the radio frequency device at a start moment of the first time period and the temperature variation amount.
However, Kocagoez discloses the obtaining the temperature of the radio frequency device in the first time period comprises: predicting the temperature of the radio frequency device in the first time period based on load of the radio frequency device in the first time period and a temperature model (Kocagoez[0045], [0045] Another criterion upon which the prediction may be based is described in the following. High throughput inherently causes high power consumption and the associated thermal energy subsequently needs to be dissipated. Heat dissipation is most effective at high temperature as the dissipated power in equilibrium is proportional to the temperature difference divided by (total) thermal resistance. This may indicate that it is most advantageous to run the system as close to maximum power as possible.); and determining the temperature of the radio frequency device in the first time period based on the temperature of the radio frequency device at a start moment of the first time period and the temperature variation amount (Kocagoez, Fig. 5, 502, [0050], when in throttling mode, the thermal prediction can be used to predict the time the system will be able to run in a higher power (Burst-) mode).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of Coe and Bishop with the obtaining the temperature of the radio frequency device in the first time period comprises: predicting the temperature of the radio frequency device in the first time period based on load of the radio frequency device in the first time period and a temperature model; or a combination of predicting a temperature variation amount of the radio frequency device in the first time period based on load of the radio frequency device in the first time period and the temperature model; and determining the temperature of the radio frequency device in the first time period based on the temperature of the radio frequency device at a start moment of the first time period and the temperature variation amount as taught by Kocagoez to provide improved traffic shaping in the mobile device. (Kocagoez, [0002])
As for claim 10, Bishop discloses the temperature model comprises an environment compensation amount to compensate for impact on the temperature of the radio frequency device, the impact caused by an environment in which the radio frequency device is located (Kocagoez, [0068], [0093] Obviously the number of ladder-steps necessary to consider varies with the environment (or the physical properties of all the temperature flows from the junction to the housing) , depending on the scenario and the required accuracy typically some 3 to 8 ladders steps should be considered).
5. Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coe al, US 2013/0344830 in view of Bishop et al, US 2014/0155119 as applied to claim 15 above, and further in view of Holtzman et al, US 6,745,044 hereafter Holtzman.
As for claim 16, the combination of Coe and Bishop does not explicitly disclose the plurality of scheduling time units in the first time period comprises a first scheduling time unit and a second scheduling time unit, the second scheduling time unit before the first scheduling time unit, and the computer program further instructs the processor to: determine a transmit power threshold in the first scheduling time unit based on the average transmit power threshold in the first time period and a transmit power of the radio frequency device in the second scheduling time unit, and the transmit power threshold in the first scheduling time unit is negatively correlated with the transmit power in the second scheduling time unit; and control a transmit power of the radio frequency device in the first scheduling time unit to be less than or equal to the transmit power threshold in the first scheduling time unit.
However, Holtzman discloses the plurality of scheduling time units in the first time period comprises a first scheduling time unit and a second scheduling time unit, the second scheduling time unit before the first scheduling time unit (Holtman, Fig. 3, column 6, lines 20-46, As shown in FIG. 3, the average available transmit power P.sub.avail (k-1) for the previous frame k-1 and the predicted available transmit power P.sub.avail (k-1) for the beginning of the previous frame k-1 are both available at the scheduling time instance t.sub.sch in the current frame k. The available transmit power can be averaged over a particular time period (e.g., one frame) to obtain an average available transmit power. For example, the available transmit power can be averaged over the preceding frame k-1, as shown in FIG. 3. Alternatively, the available transmit power can be average over a non-aligned frame period (i.e., across the frame boundary) that can end at any time prior to the current scheduling time instance), and the computer program further instructs the processor to: determine a transmit power threshold in the first scheduling time unit based on the average transmit power threshold in the first time period and a transmit power of the radio frequency device in the second scheduling time unit (Holtman, Fig. 3, column 2, lines 43-67, column 3 lines 1-11, a (previously) predicted available transmit power for a prior time instance and a (previously computed) average available transmit power for a prior time period are received. Variation in the available transmit power over time is estimated based on the received predicted and average available transmit power. A margin is then determined to account for the estimated variation in the available transmit power. The available transmit power at a future time instance (e.g., the beginning of the next frame) is then predicted and subtracted by the margin to derive an estimated available transmit power for the future time period.), and the transmit power threshold in the first scheduling time unit is negatively correlated with the transmit power in the second scheduling time unit; and control a transmit power of the radio frequency device in the first scheduling time unit to be less than or equal to the transmit power threshold in the first scheduling time unit (Holtman, Fig. 3, Fig. 4, Fig. 5, Fig. 3, column 2, lines 43-67, column 3 lines 1-11, a (previously) predicted available transmit power for a prior time instance and a (previously computed) average available transmit power for a prior time period are received. Variation in the available transmit power over time is estimated based on the received predicted and average available transmit power. A margin is then determined to account for the estimated variation in the available transmit power. The available transmit power at a future time instance (e.g., the beginning of the next frame) is then predicted and subtracted by the margin to derive an estimated available transmit power for the future time period.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of Coe and Bishop with the plurality of scheduling time units in the first time period comprises a first scheduling time unit and a second scheduling time unit, the second scheduling time unit before the first scheduling time unit, and the computer program further instructs the processor to: determine a transmit power threshold in the first scheduling time unit based on the average transmit power threshold in the first time period and a transmit power of the radio frequency device in the second scheduling time unit, and the transmit power threshold in the first scheduling time unit is negatively correlated with the transmit power in the second scheduling time unit; and control a transmit power of the radio frequency device in the first scheduling time unit to be less than or equal to the transmit power threshold in the first scheduling time unit as taught by Holtman to provide improved techniques for determining the available transmit power for data transmissions in a wireless communication system (Holtman, column 1, lines 8-13).
As for claim 17, Holtman discloses wherein that the transmit power threshold in the first scheduling time unit is negatively correlated with the transmit power in the second scheduling time unit comprises: in response to the transmit power of the radio frequency device in the second scheduling time unit being less than the average transmit power threshold in the first time period, the transmit power of the radio frequency device in the first scheduling time unit is greater than the average transmit power threshold in the first time period (Holtman, Fig. 3, column 6, lines 20-46, As shown in FIG. 3, the average available transmit power P.sub.avail (k-1) for the previous frame k-1 and the predicted available transmit power P.sub.avail (k-1) for the beginning of the previous frame k-1 are both available at the scheduling time instance t.sub.sch in the current frame k. The available transmit power can be averaged over a particular time period (e.g., one frame) to obtain an average available transmit power. For example, the available transmit power can be averaged over the preceding frame k-1, as shown in FIG. 3. Alternatively, the available transmit power can be average over a non-aligned frame period (i.e., across the frame boundary) that can end at any time prior to the current scheduling time instance)
As for claim 18, the combination of Coe and Bishop does not explicitly disclose the plurality of scheduling time units in the first time period comprises a first scheduling time unit, a second scheduling time unit, and a third scheduling time unit, the second scheduling time unit and the third scheduling time unit are before the first scheduling time unit, and the computer program further instructs the processor to: obtain a sum of transmit powers of the radio frequency device in the second scheduling time unit and the third scheduling time unit; determine a transmit power threshold in the first scheduling time unit based on the average transmit power threshold in the first time period and the sum of transmit power, wherein the transmit power threshold in the first scheduling time unit is negatively correlated with of the sum of transmit powers; and control a transmit power of the radio frequency device in the first scheduling time unit to be less than or equal to the transmit power threshold in the first scheduling time unit.
Holtman discloses wherein the plurality of scheduling time units in the first time period comprises a first scheduling time unit, a second scheduling time unit, and a third scheduling time unit, the second scheduling time unit and the third scheduling time unit are before the first scheduling time unit (Holtman, Fig. 3, column 6, lines 20-46, As shown in FIG. 3, the average available transmit power P.sub.avail (k-1) for the previous frame k-1 and the predicted available transmit power P.sub.avail (k-1) for the beginning of the previous frame k-1 are both available at the scheduling time instance t.sub.sch in the current frame k. The available transmit power can be averaged over a particular time period (e.g., one frame) to obtain an average available transmit power. For example, the available transmit power can be averaged over the preceding frame k-1, as shown in FIG. 3. Alternatively, the available transmit power can be average over a non-aligned frame period (i.e., across the frame boundary) that can end at any time prior to the current scheduling time instance), and the computer program further instructs the processor to: obtain a sum of transmit powers of the radio frequency device in the second scheduling time unit and the third scheduling time unit; determine a transmit power threshold in the first scheduling time unit based on the average transmit power threshold in the first time period and the sum of transmit power, wherein the transmit power threshold in the first scheduling time unit is negatively correlated with of the sum of transmit powers; and control a transmit power of the radio frequency device in the first scheduling time unit to be less than or equal to the transmit power threshold in the first scheduling time unit. (Holtman, column 2, lines 43-67, column 3 lines 1-11, estimating transmit power available for data transmissions for a future time period (e.g., the next frame). In accordance with the method, a (previously) predicted available transmit power for a prior time instance and a (previously computed) average available transmit power for a prior time period are received. Variation in the available transmit power over time is estimated based on the received predicted and average available transmit power. A margin is then determined to account for the estimated variation in the available transmit power. The available transmit power at a future time instance (e.g., the beginning of the next frame) is then predicted and subtracted by the margin to derive an estimated available transmit power for the future time period. The Examiner interprets “sum” be disclosed by the calculation of the average)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of Coe and Bishop with obtain a sum of transmit powers of the radio frequency device in the second scheduling time unit and the third scheduling time unit; determine a transmit power threshold in the first scheduling time unit based on the average transmit power threshold in the first time period and the sum of transmit power, wherein the transmit power threshold in the first scheduling time unit is negatively correlated with of the sum of transmit powers; and control a transmit power of the radio frequency device in the first scheduling time unit to be less than or equal to the transmit power threshold in the first scheduling time unit as taught by Holtman to provide improved techniques for determining the available transmit power for data transmissions in a wireless communication system (Holtman, column 1, lines 8-13).
6. Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Coe al, US 2013/0344830 in view of Bishop et al, US 2014/0155119 as applied to claim 15 above, and further in view of Haartsen, US 6,944,460 hereafter Haartsen.
The combination of Coe and Bishop does not explicitly disclose adjust a bandwidth occupied by data sent by the radio frequency device on a data channel, to control the transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period; or adjust a power spectral density of the radio frequency device, to control the transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period
However, Haartsen discloses adjust a bandwidth occupied by data sent by the radio frequency device on a data channel, to control the transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period (Haartsen, Fig. 5, column 10, lines 19-46, If the communication link performance is satisfactory, then at step 520 the current channel bandwidth W is compared to a maximum allocatable bandwidth Wmax. If the communication channel is using the maximum allocatable bandwidth, then control is passed back to step 510. By contrast, if the communication channel is using less than the maximum allocatable bandwidth, then at step 530 the channel bandwidth W is increased, e.g., by decreasing m and/or r. Control may then be passed back to step 510. The routine defined by steps 510-530 ensures that the communication link uses the maximum allocatable bandwidth consistent with maintaining acceptable performance, which allows the transmitter to operate at a lower power level.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of Coe and Bishop with adjust a bandwidth occupied by data sent by the radio frequency device on a data channel, to control the transmit power of the radio frequency device in the first time period to be less than or equal to the transmit power threshold in the first time period as taught by Haartsen to selectively modify the bandwidth, modulation symbol rate, and coding rate of a communication channel to improve the performance of the communication channel and to manage the allocatable frequency spectrum more effectively (Haartsen, column 4, lin4s 20-30).
Allowable Subject Matter
7. Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
8. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN MOORE can be reached at (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JENEE HOLLAND
Examiner
Art Unit 2469
/JENEE HOLLAND/Primary Examiner, Art Unit 2469
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