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 .
Claim Rejections - 35 USC § 102
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3. Claims 1, 15-24 and 26-32 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Abedini et al. US 12004092 B2.
4. Consider claim 24. Abedini et al teaches a wireless communications apparatus (fig 2) comprising: a memory storing a plurality of instructions (215); and at least one processor (210) configured to execute the plurality of instructions, wherein upon execution of the plurality of instructions, the at least one processor (210) is configured to cause the wireless communications apparatus (205) to: receive a signal from a first communication node (at 220) ; determine a transmission power value (power configuration parameters for example GDL in fig 5) for transmission of the signal, or a forwarding link between the forwarding node and a second communication node (depending on who the repeater is relaying the signal like another UE or base station or access point, see col 8, lines 62-col 9, line 3); and transmit the signal (PTX) to the second communication node (504) according to the transmission power value (GDL). Abedini et al teaches wherein the value of the transmission power is further based on at least one of: a bandwidth value (col 20, lines 57-67… the repeater may use different bandwidth parts (BWPs) for different types of communications. In this option, the repeater uses a first BWP within a single frequency range of a single RAT to transmit the one or more power configuration parameters (block 704) and receive the gain configuration information (block 706), and the repeater uses a second BWP, different than the first BWP, within the single frequency range of the single RAT to receive the communication (block 708) and transmit the gain adjusted communication (block 714)….) for the forwarding link. In this section of Abedini et al, it is inherent that the first BWP is an idle BWP assigned a smaller bandwidth value (for example 20Mhz of a 100MHz total allocated bandwidth) and since the phone is idle an inherently lower db value to save power. The second BWP referred to would inherently be for data communication, such as streaming, and would need both a higher bandwidth (for example 100 Mhz) and an inherently higher db value associated with it. Method claim 1 is rejected for the same reasons as apparatus claim 24 since the recited elements would perform the claimed steps.
5. Regarding claims 15 and 26. Abedini et al teaches (fig 5) wherein the transmission power value (GDL) is dependent on the forwarding link, and the forwarding link is from the forwarding node to a wireless access node (one option for the UE is an access terminal see col 3, line 42), the first communication node or the second communication node comprising the wireless access node (one option for the UE is an access terminal see col 3, line 42).
6. Regarding claims 16 and 27. Abedini et al teaches wherein the transmission power is for a particular beam index (see col 8, lines 65-66; col 12, line 17 and col 12, line 44 where the selection of either the narrow or wide beam (and corresponding gain) based on the situation reads on the beam index stated).
7. Regarding claims 17 and 28. Abedini et al teaches wherein a value of the transmission power is based on a maximum transmission power (col 13, line 44), an expected target power (col 13, line 67) at the wireless access node (in this case the UE 504 can be a wireless access node), and a path loss (col 14, line 46) for the forwarding link.
8. Regarding claims 18 and 29. Abedini et al teaches wherein the value of the transmission power is further based on at least one of: a bandwidth value (col 20, lines 58-59) for the forwarding link, a path loss compensation factor (col 14, line 46), or a closed-loop power control value (col 15, line 18).
9. Regarding claims 21 and 30. Abedini et al teaches (fig 5) wherein the transmission power value (GDL) is dependent on the forwarding link (from base station 502 see col 14, lines 1-5), and the forwarding link is from the forwarding node (506) to a user device (504), the first communication node or the second communication node comprising the user device (504).
10. Regarding claims 22 and 31. Abedini et al teaches (fig 5)wherein the forwarding link comprises a first forwarding link (from base station 502 see col14, lines 1-5), and wherein the transmission power value is based on a maximum transmission power (col 13, line 44), for the first forwarding link, a received signal power of the forwarding node for a second forwarding link (Fig 6) from a wireless access node (one option for the UE is an access terminal see col 3, line 42) to the forwarding node, and an amplification gain, wherein the transmission power value (col 24, lines 21-24) is based on a minimum of the maximum transmission power and a sum of the received signal power and the amplification gain (fig 5 where PL2=PRx+GDL).
11. Regarding claims 23 and 32. Abedini et al teaches (fig 5) wherein the forwarding link (from base station 502 see col 14, lines 1-5), comprises a first forwarding link (PL1) , and wherein the transmission power value (GDL) is based on a maximum transmission power (col 13, line 44) for the first forwarding link, a received signal power (PRx)of the forwarding node (506) for a second forwarding link (fig 6) from a wireless access node (one option for the UE is an access terminal see col 3, line 42) to the forwarding node (506), a bandwidth value (col 20, lines 58-59) for the first forwarding link, and a path loss (col 14, line 46), for the second forwarding link, wherein the transmission power value (GUL) is further based on a path loss compensation factor (PL2) for the first forwarding link (col 15, line 18).
Claim Rejections - 35 USC § 103
12. 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.
13. Claims 3 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Abedini et al. US 12004092 B2 in view of Tekgul WO 2021046140-A1.
14. Regarding claims 3 and 25. Abedini et al fails to teach wherein the forwarding link comprises a plurality of forwarding links further comprising a second forwarding link between the forwarding node and the first communication node. However, Tekgul et al WO 2021046140-A1, from the same field of endeavor teaches such (see if fig 6 forward signals 603, 605…. between relay (602) and base 604 to set up the relay gain). It would have been obvious, before the effective date to use multiple uplink signal to more effectively set up the relay link and save power.
15. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tsutsumi et al JP 2009272941 teaches a system that transmits and receives uplink data and downlink data between the radio base station 2 and the mobile station 3 using Frequency Division Multiple Access. OFDMA is a type of multicarrier transmission in which the entire band of a transmission carrier is divided into subcarriers on the frequency axis, and a radio signal is transmitted as a bundle of a plurality of narrowband subcarriers. For example, 5 MHz, 10 MHz, or 20 MHz is selected as the bandwidth of the transmission carrier. Returning to FIG. 1, when UL user data is generated in the mobile station 3, the signal processing unit 13 receives a bandwidth request signal (Bandwidth Request) from the mobile station 3, and requests bandwidth BR included in the bandwidth request signal. The connection identification information CID and the uplink transmission power value UL TxPower are extracted. The requested band BR is a parameter indicating the capacity of UL user data that the mobile station 3 desires to transmit, and the uplink transmission power value UL TxPower indicates the current transmission power of the OFDMA radio signal notified from the mobile station 3. It is a parameter. The signal processing unit 13 outputs the requested band BR to the mapping processing unit 15 and stores the uplink transmission power value UL TxPower in the information storage unit 19 in association with the connection identification information CID.
Wu CN-113709871-A teaches that it is well known to assign a power value based on a bandwidth value …with reference to the first aspect or any possible implementation manner of the first aspect, the transmit power of the second signal satisfies the following formula:
P2＝min{PCMAX_2,y(M)+PO_1+α1·PLSL+f}
wherein, the PCMAX_2Is the maximum transmit power of the second signal, said y (M) is a function of the bandwidth of the second signal, said P LSLIs the path loss estimate between the first terminal device and the second terminal device, the PO_1For target power α1And f is an adjustment parameter.
16. Applicant's arguments filed 5/29/26 have been fully considered but they are not persuasive. Applicants have amended independent claims 1 and 24 by deleting “forwarding node” and inserting “the transmitting power value is based on a bandwidth value for the forwarding link” (from part of original claim 18) and argues that Abedini et al fails teach such. However, in (col 20, lines 57-67) of Abedini et al, it is inherent that the first BWP is an idle BWP assigned a smaller bandwidth value (for example 20Mhz of a 100MHz total allocated bandwidth) and since the phone is idle an inherently lower db value to save power. The second BWP referred to would inherently be for data communication, such as streaming, and would need both a higher bandwidth (for example 100 Mhz) and an inherently higher db value associated with it. This would read on the claimed “the transmitting power value is based on a bandwidth value for the forwarding link”. Tsutsumi et al JP 2009272941 is cited as further evidence of how BWP selected value would be part of the transmission power value for the forwarding link. As a side note, the specific “value” derived from the equation from page 18 of the applicant’s specification isn’t claimed, which leads to a broader interpretation of the limitation.
17. Applicant's amendment necessitated the change in 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.
Conclusion
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS A KUNTZ whose telephone number is (571)272-7499. The examiner can normally be reached on M-Th from 530am to 330pm and Fri from 530am to 10am.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew D Anderson, can be reached at telephone number 5712724177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CURTIS A KUNTZ/Primary examiner, Art Unit 2646
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