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 .
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.
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.
Claims 1 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (2018/0310338) in view of Li et al. (2021/0232778).
For claim 1 , Li et al. (2018/0310338) discloses a communication method comprising: receiving, by a first device, first indication information from a second device; and enabling or disabling, by the first device, an intelligent channel access function based on the first indication information, wherein the intelligent channel access function includes accessing a channel ( See paragraphs 0026 lines 1-2 and 0027 lines 1-4).
Li et al. (2018/0310338) also discloses a processor; and a memory configured to store computer readable instructions that, when executed by the processor, cause the communication apparatus to executing.
For claim 1, Li et al. (2018/0310338) discloses all the subject matter of the claimed invention with the exception of accessing a channel based on a channel access decision output by a neural network. Li et al. (2021/0232778) from the same or similar fields of endeavor teaches a provision of accessing a channel based on a channel access decision output by a neural network ( See paragraph 0051 lines 1-5). Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to use accessing a channel based on a channel access decision output by a neural network as taught by Li et al. (2021/0232778) in the communications network of Li et al. (2018/0310338) for the purpose of using the neural network.
The independent claim 17 is rejected for the same reason as claim 1.
Claims 2-16 and 18-20 are 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Aha et al. (11700546) is cited to show a system which is considered pertinent to the claimed invention.
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/DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476
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