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 .
Claims 1-19 have been examined.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
interference detection device (claim 1)
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 7-9 and 17-19 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.
In reference to claim 7
The term “far” in line 8 is a relative term which renders the claim indefinite. The term “far” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In reference to claim 8
The term “poor” in line 5 is a relative term which renders the claim indefinite. The term “poor” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In reference to claim 9
The term “requesting transmission/allowing transmission” in line 6 renders the claim indefinite because the meaning of the “/” is unclear. The applicant should clarify so the scope of the claim is clear.
In reference to claim 17
The term “far” in line 7 is a relative term which renders the claim indefinite. The term “far” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In reference to claim 18
The term “poor” in line 7 is a relative term which renders the claim indefinite. The term “poor” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
In reference to claim 19
The term “requesting transmission/allowing transmission” in line 7 renders the claim indefinite because the meaning of the “/” is unclear. The applicant should clarify so the scope of the claim is clear.
Allowable Subject Matter
Claims 1-6 and 10-16 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure are:
US 2008/0069275 pertains to A communication apparatus includes unit measuring a first interference feature quantity indicating a state of an interference signal in a transmission frequency band (TFB), unit determining from the first interference feature quantity whether the interference signal exists in the TFB, unit acquiring, after measurement of the first interference feature quantity, a transmission channel from a second interference feature quantity measured by the measuring unit, the transmission channel corresponding to at least one of a frequency orthogonal to the interference signal, a time orthogonal to the interference signal, a space orthogonal to the interference signal, and a spreading code orthogonal to the interference signal, and unit performing a first transmission using the TFB when it is determined that no interference signal exists in the TFB, and to perform a second transmission using the transmission channel when it is determined that the interference signal exists in the TFB.
US 7623569 pertains to estimating interference and noise power in an orthogonal frequency division multiplexing/orthogonal frequency division multiple access/discrete multi-tone (OFDM/OFDMA/DMT) system is disclosed. A correlator correlates a plurality of sub-carriers with a preset reference sequence on an element-by-element basis and outputs a result of the correlation. A signal noise producer calculates a difference between a correlation value associated with each of the plurality of sub-carriers output from the correlator and a correlation value produced from at least one adjacent sub-carrier and outputs a result of the calculation. An interference and noise power producer produce interference and noise power from the difference between the correlation values calculated by the signal noise producer.
US 10292104 pertains to a wireless receiver has a preamble detection apparatus and method which waits until the expected arrival of a beacon frame, after which power is cyclically applied during a preamble detection interval and a sleep interval until a preamble is detected. The preamble detector has a first mode with a longer preamble detection interval and a second mode with a shorter preamble detection interval. During the preamble detection interval, power is applied to receiver components, and during the sleep interval, power is not applied. The duration of the preamble detection interval is equal to a preamble sensing interval, and if a preamble is detected, power remains applied to a preamble processor for a preamble processing interval. The duration of the sleep interval is the duration of a long preamble less the sum of two times the preamble detection interval plus the preamble processing interval. Phase lock loop (PLL) power is applied a PLL settling time prior to and during the preamble detection interval.
US 2022/0022183 pertains to an apparatus may configure a frame structure including a plurality of slots in a subframe, the plurality of slots including at least one of one or more downlink slots, one or more uplink slots, or one or more flexible slots, each of the one or more flexible slots including multiple subband resources. The apparatus may also signal configuration information of the frame structure including the plurality of slots. Additionally, the apparatus may communicate data via the frame structure including the plurality of slots.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN S ROBERTS whose telephone number is (571)272-3095. The examiner can normally be reached M to F, 9am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at (571) 272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BRIAN S. ROBERTS
Primary Examiner
Art Unit 2466
/BRIAN S ROBERTS/Primary Examiner, Art Unit 2466
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