Prosecution Insights
Last updated: April 19, 2026
Application No. 18/627,643

WIRELESS COMMUNICATION SYSTEM, AGGREGATION DEVICE, INTERFERENCE SOURCE AIR TIME ACQUISITION METHOD, AND INTERFERENCE SOURCE AIR TIME ACQUISITION PROGRAM

Non-Final OA §103§112§DP
Filed
Apr 05, 2024
Examiner
LATORRE, IVAN O
Art Unit
2409
Tech Center
2400 — Computer Networks
Assignee
Nippon Telegraph and Telephone Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allow Rate
468 granted / 550 resolved
+27.1% vs TC avg
Moderate +10% lift
Without
With
+10.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
30 currently pending
Career history
580
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
63.3%
+23.3% vs TC avg
§102
8.9%
-31.1% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 550 resolved cases

Office Action

§103 §112 §DP
DETAILED ACTION This office action is a response to the application 18/627,643 filed on April 5, 2024. Claims 4-9 are pending. Claims 4-9 are rejected. 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 . Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in the Instant Application. Information Disclosure Statement The information disclosure statement (IDS) submitted on April 5, 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 4-9 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10 of U.S. Patent No. 11,985,533. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the Instant application are obvious variations of the claims of the Patent. The table below shows only Example (sample) of Claims which are anticipated by of US 11,985,533. Present Claims US 11,985,533 4. A radio communication system comprising: a plurality of radio devices each detecting an interference source signal transmitted by an interference source and each generating pieces of air time information each indicating a transmission status of the signal from the interference source at each predetermined time unit; an aggregation device for estimating the air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices respectively and aggregating/integrating the acquired air time information for each predetermined time unit. 1. A radio communication system comprising: a plurality of radio devices, wherein: each radio device among the plurality of radio devices is configured to detect an interference source signal transmitted by an interference source while the radio device is not performing transmission/reception of communications signals; at least a first radio device and a second radio device among the plurality of radio devices are each configured to generate a respective piece of air time information specifying whether the interference source signal is detected or not detected for each predetermined time unit; and for at least one predetermined time unit, only one of the first radio device or the second radio device is (i) not performing transmission/reception of communications signals and (ii) generating the respective piece of air time information; and an aggregation device configured to estimate air time of the interference source by acquiring the respective pieces of air time information from the first and second radio devices and aggregate the acquired respective pieces of air time information by computing a logical sum of the acquired pieces of air time information for each predetermined time unit, wherein a result of the logical sum indicates that the interference source signal is present during the at least one predetermined time unit based on the interference source signal being detected, during the at least one predetermined time unit, by (i) the first radio device but not the second radio device or (ii) the second radio device but not the first radio device. 8. An aggregation device connected to a plurality of radio devices, the plurality of radio devices each detecting an interference source signal transmitted by an interference source and each generating pieces of air time information indicating a transmission status of the signal from the interference source at each predetermined time unit, the aggregation device comprising: circuitry for estimating the air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices respectively and aggregating/integrating the acquired pieces of air time information for each predetermined time unit. 9. An aggregation device connected to a plurality of radio devices, wherein: each radio device among the plurality of radio devices is configured to detect an interference source signal transmitted by an interference source while the radio device is not performing transmission/reception of communications signals, at least a first radio device and a second radio device among the plurality of radio devices are each configured to generate a respective piece of air time information specifying whether the interference source signal is detected or not detected for each predetermined time unit, and for at least one predetermined time unit, only one of the first radio device or the second radio device is (i) not performing transmission/reception of communications signals and (ii) generating the respective piece of air time information, the aggregation device is configured to perform operations comprising: estimating air time of the interference source by acquiring the respective pieces of air time information from the first and second radio devices and aggregate the acquired respective pieces of air time information by computing a logical sum of the acquired pieces of air time information for each predetermined time unit, wherein a result of the logical sum indicates that the interference source signal is present during the at least one predetermined time unit based on the interference source signal being detected, during the at least one predetermined time unit, by (i) the first radio device but not the second radio device or (ii) the second radio device but not the first radio device. 9. A radio communication method comprising: causing a plurality of radio devices respectively to detect an interference source signal transmitted by an interference source; causing the plurality of radio devices respectively to generate pieces of air time information indicating the presence or absence of the interference source signal for each predetermined time unit; acquiring the pieces of air time information from the plurality of radio devices, respectively; and estimating the air time of the interference source by aggregating/integrating the acquired air time information for each predetermined time unit. 10. An interference source air time acquisition method comprising the steps of: by each radio device among a plurality of radio devices, detecting an interference source signal transmitted by an interference source while the radio device is not performing transmission/reception of communications signals, wherein at least a first radio device and a second radio device among the plurality of radio devices each generate a respective piece of air time information specifying whether the interference source signal is detected or not detected for each predetermined time unit, and for at least one predetermined time unit, only one of the first radio device or the second radio device is (i) not performing transmission/reception of communications signals and (ii) generating the respective piece of air time information; and by an aggregation device connected to the plurality of radio devices, air time of the interference source by acquiring the respective pieces of air time information from the first and second radio devices and aggregate the acquired respective pieces of air time information by computing a logical sum of the acquired pieces of air time information for each predetermined time unit, wherein a result of the logical sum indicates that the interference source signal is present during the at least one predetermined time unit based on the interference source signal being detected, during the at least one predetermined time unit, by (i) the first radio device but not the second radio device or (ii) the second radio device but not the first radio device. Regarding Claims 4-9, Claims 1-10 of U.S. Patent No. 11,985,533 disclose all the limitations of Claims 4-9 by eliminating limitations. It has been held that the omission of an element and its function is an obvious expedient if the remaining elements perform the same function as before. In re Karlson, 136 USPQ 184 (CCPA). Also note Ex Parte Raine, 186 USPQ 375 (bd. App. 1969); omission of a reference element whose function is not needed would have been obvious to one skilled in the art. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 5-7 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Regarding Claims 5-7, Claims 5-7 each depend upon canceled Claim 1. It is not clear the proper dependence of these claims. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. For purposes of examination the Examiner will examine claims 5-7 as being dependent upon independent Claim 4. Claim Rejections - 35 USC § 103 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 4, 5, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. U.S. Patent Application Publication 2015/0230111, hereinafter Wang, in view of Yang et al. U.S. Patent Application Publication 2017/0272186, hereinafter Yang, and Bjorken et al. U.S. Patent Application Publication 2015/0365180, hereinafter Bjorken. Regarding Claim 4, Wang discloses a radio communication system (Figure 1 and 9-13) comprising: a plurality of radio devices each detecting an interference source signal transmitted by an interference source and each generating pieces of air time information each indicating a transmission status of the signal from the interference source at each predetermined time unit (Figure 1 and 2; Paragraph [0007 and 0052] A method for identifying interference, which is applied to a wireless communications network that includes a wireless management device and at least two access point devices, where the method for identifying interference includes requesting the at least two access point devices to separately collect spectrum information of an interference source; receiving, from each of the at least two access point devices, collected spectrum information of an interference source, and determining that the spectrum information collected by the at least two access point devices includes spectrum information of interference sources that belong to a same device type; separately extracting, from the spectrum information collected by the at least two access point devices, the spectrum information of the interference sources that belong to the same device type; matching characteristic sequences that are in a same time period and in the separately extracted spectrum information of the interference sources that belong to the same device type, and calculating a match value of the characteristic sequences in the same time period; That is each radio device respectively acquires air time information specifying whether the interference source signal is detected for each predetermined time unit); an aggregation device for estimating the air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices respectively and aggregating/integrating the acquired air time information for each predetermined time unit (Paragraph [0007 and 0052] The wireless management device 30 is configured to request the three access point devices 31a, 31b, and 31c to separately collect spectrum information of an interference source; determine whether the three access point devices 31a, 31b, and 31c collect spectrum information of interference sources that belong to a same device type; when it is determined that the spectrum information collected by the three access point devices 31a, 31b, and 31c includes spectrum information of the interference sources that belong to the same device type, separately extract, from the spectrum information collected by the three access point devices 31a, 31b, and 31c, spectrum information of the interference sources that belong to the same device type, match characteristic sequences that are in a same time period and in the separately extracted spectrum information of the interference sources that belong to the same device type, calculate an overlapping characteristic match value of the characteristic sequences in the same time period, and determine whether the overlapping characteristic match value is greater than a preset threshold; and if the overlapping characteristic match value is greater than the preset threshold, determine that the separately extracted spectrum information of the interference sources that belong to the same device type is from a same interference source, and if the overlapping characteristic match value is not greater than the preset threshold, determine that the separately extracted spectrum information of the interference sources that belong to the same device type are from different interference sources). Wang discloses various pieces of air time information specifying whether the interference source signal exists or not for each predetermined time unit and matching of information to determine the interference source looking at the total interference information gathered but may not explicitly disclose air time of the interference source and an aggregation device configured to estimate air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices and aggregate the acquired pieces of air time information. However, Yang more specifically teaches air time of the interference source and an aggregation device configured to estimate air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices and aggregate the acquired pieces of air time information (Figure 1B; Paragraph [0061-0064] From the perspective of any pair of communicating nodes 1 in the network 10 on a particular wireless channel, transmissions by other nodes 1 in the network 10 which disrupt the communication on that channel constitute interference, as do signals originating outside of the network 10 e.g. from other wireless networks operating in the same or similar spectrum. This includes in-band and out-of-band signals which disrupt communication on that channel. The method is implemented by the modelling component 8 of each node 1 in the network 10; Paragraph [0034-0040, 0056, 0068-0070, 0084 and 0085] Each device may comprise an interference power estimation component configured to estimate an average interference power, estimating the average interference power comprising summing a plurality of energy detection values, each obtained by an energy detection in the sequence for which a) the respective detection time coincides with the interference source being in the first or second active state and b) the amount of energy collected at the respective detection time is above a measurement threshold. The measurement threshold may be lower than the clear channel assessment threshold. The sequence of energy detections may be performed according to a periodic schedule, wherein: each detection is performed at its scheduled time so that the sequence is periodic; or each energy detection performed at a time offset from its scheduled time by an amount selected at random from a predetermined time interval so that the sequence is pseudo-periodic. A receiver is controlled to access the channel to perform a sequence of energy detections, each energy detection comprising collecting energy in the channel at a respective detection time. Modelling the interference source comprises determining based on the sequence of energy detections: i) a large time scale metric which describes the transitioning into and out of the inactive state, and ii) a small time scale metric which describes the transitioning between the first and second active states. Transmission of data by a transmitter is effected in dependence on the estimated metrics. The behaviours of the interference are characterized statistically over time based on a sequence (or sequences) of energy detection samples. An aggregation of the sequence/sequences of channel assessments is used to classify an interference scenario in terms of: i) a large-scale duty cycle (LDC), capturing the state of an interference source being active or inactive; and ii) a small-scale duty cycle (SDC), capturing the intermitted patterns of the interference source when active; Paragraph [0118] Sum and estimated average interference power is collected which is useful for taking certain strategies for transmitting/receiving date in presence of interference). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wang with the teachings of Yang. Yang provides a solution which ensures collecting and identifying interference adopting an overlapping characteristic matching mode with higher accuracy in identifying interference sources and making easy to implement (Yang Abstract; Paragraph [0002-0007]). Wang in view of Yang readily disclose the radio communication system of the independent claim but may not explicitly disclose aggregating the acquired pieces of air time information for each predetermined unit time. However, Bjorken more specifically teaches aggregating/integrating the acquired pieces of air time information for each predetermined unit time (Figure 3-6; Paragraph [0040-0041] Total interference may be obtained by signal measurements in the first cell either on the uplink measured by the base station of the first cell or on the downlink as measured and reported by terminals in the cell; That is measurement data on interference present in predetermined unit times are reported and gathered. The total interference is added together for a unit time and based on the predetermined unit time measures may be taken for mitigating interference and reducing inter-cell or inter-system interference). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wang in view of Wang with the teachings of Bjorken. Bjorken provides a solution to counteract the interference in the first cell when the second interference contribution fulfills a threshold condition such that actions and measures for counteracting the inter-system interference can be initiated only when needed or when it is deemed effective for improving performance in the cell (Bjorken Abstract; Paragraph [0011-0017]). Regarding Claim 5, Wang in view of Yang and Bjorken disclose the radio communication system according to Claim 1. Wang in view of Yang and Bjorken further disclose wherein the aggregation device is configured to manages reference time T and the time unit D in order to match the timing of the plurality of radio devices detecting the interference source signal (Wang Paragraph [0007-0018 and 0052-0060] Request to collect spectrum information of an interference source and reception of spectrum information. The spectrum information includes one or more of FFT data, a start time and an end time, and a sampling time; Paragraph [0076-0105] Timestamps, reference start time and time units. Scan Start time managed by aggregation device and time units and slots utilized to be able to match the spectrum information from each respective radio device; That is the radio devices are notified of the reference time and time units and generate pieces of air time information showing whether the interference source signal exists or not for each predetermined time unit). Regarding Claim 8, Wang discloses an aggregation device connected to a plurality of radio devices (Figure 1 and 9-13), the plurality of radio devices each detecting an interference source signal transmitted by an interference source and each generating pieces of air time information indicating a transmission status of the signal from the interference source at each predetermined time unit (Figure 1 and 2; Paragraph [0007 and 0052] A method for identifying interference, which is applied to a wireless communications network that includes a wireless management device and at least two access point devices, where the method for identifying interference includes requesting the at least two access point devices to separately collect spectrum information of an interference source; receiving, from each of the at least two access point devices, collected spectrum information of an interference source, and determining that the spectrum information collected by the at least two access point devices includes spectrum information of interference sources that belong to a same device type; separately extracting, from the spectrum information collected by the at least two access point devices, the spectrum information of the interference sources that belong to the same device type; matching characteristic sequences that are in a same time period and in the separately extracted spectrum information of the interference sources that belong to the same device type, and calculating a match value of the characteristic sequences in the same time period), the aggregation device comprising: circuitry for estimating the air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices respectively and aggregating/integrating the acquired pieces of air time information for each predetermined time unit (Paragraph [0007 and 0052] The wireless management device 30 is configured to request the three access point devices 31a, 31b, and 31c to separately collect spectrum information of an interference source; determine whether the three access point devices 31a, 31b, and 31c collect spectrum information of interference sources that belong to a same device type; when it is determined that the spectrum information collected by the three access point devices 31a, 31b, and 31c includes spectrum information of the interference sources that belong to the same device type, separately extract, from the spectrum information collected by the three access point devices 31a, 31b, and 31c, spectrum information of the interference sources that belong to the same device type, match characteristic sequences that are in a same time period and in the separately extracted spectrum information of the interference sources that belong to the same device type, calculate an overlapping characteristic match value of the characteristic sequences in the same time period, and determine whether the overlapping characteristic match value is greater than a preset threshold; and if the overlapping characteristic match value is greater than the preset threshold, determine that the separately extracted spectrum information of the interference sources that belong to the same device type is from a same interference source, and if the overlapping characteristic match value is not greater than the preset threshold, determine that the separately extracted spectrum information of the interference sources that belong to the same device type are from different interference sources). Wang discloses various pieces of air time information specifying whether the interference source signal exists or not for each predetermined time unit and matching of information to determine the interference source looking at the total interference information gathered but may not explicitly disclose air time of the interference source and an aggregation device configured to estimate air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices and aggregate the acquired pieces of air time information. However, Yang more specifically teaches air time of the interference source and an aggregation device configured to estimate air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices and aggregate the acquired pieces of air time information (Figure 1B; Paragraph [0061-0064] From the perspective of any pair of communicating nodes 1 in the network 10 on a particular wireless channel, transmissions by other nodes 1 in the network 10 which disrupt the communication on that channel constitute interference, as do signals originating outside of the network 10 e.g. from other wireless networks operating in the same or similar spectrum. This includes in-band and out-of-band signals which disrupt communication on that channel. The method is implemented by the modelling component 8 of each node 1 in the network 10; Paragraph [0034-0040, 0056, 0068-0070, 0084 and 0085] Each device may comprise an interference power estimation component configured to estimate an average interference power, estimating the average interference power comprising summing a plurality of energy detection values, each obtained by an energy detection in the sequence for which a) the respective detection time coincides with the interference source being in the first or second active state and b) the amount of energy collected at the respective detection time is above a measurement threshold. The measurement threshold may be lower than the clear channel assessment threshold. The sequence of energy detections may be performed according to a periodic schedule, wherein: each detection is performed at its scheduled time so that the sequence is periodic; or each energy detection performed at a time offset from its scheduled time by an amount selected at random from a predetermined time interval so that the sequence is pseudo-periodic. A receiver is controlled to access the channel to perform a sequence of energy detections, each energy detection comprising collecting energy in the channel at a respective detection time. Modelling the interference source comprises determining based on the sequence of energy detections: i) a large time scale metric which describes the transitioning into and out of the inactive state, and ii) a small time scale metric which describes the transitioning between the first and second active states. Transmission of data by a transmitter is effected in dependence on the estimated metrics. The behaviours of the interference are characterized statistically over time based on a sequence (or sequences) of energy detection samples. An aggregation of the sequence/sequences of channel assessments is used to classify an interference scenario in terms of: i) a large-scale duty cycle (LDC), capturing the state of an interference source being active or inactive; and ii) a small-scale duty cycle (SDC), capturing the intermitted patterns of the interference source when active; Paragraph [0118] Sum and estimated average interference power is collected which is useful for taking certain strategies for transmitting/receiving date in presence of interference). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wang with the teachings of Yang. Yang provides a solution which ensures collecting and identifying interference adopting an overlapping characteristic matching mode with higher accuracy in identifying interference sources and making easy to implement (Yang Abstract; Paragraph [0002-0007]). Wang in view of Yang readily disclose the radio communication system of the independent claim but may not explicitly disclose aggregating the acquired pieces of air time information for each predetermined unit time. However, Bjorken more specifically teaches aggregating/integrating the acquired pieces of air time information for each predetermined unit time (Figure 3-6; Paragraph [0040-0041] Total interference may be obtained by signal measurements in the first cell either on the uplink measured by the base station of the first cell or on the downlink as measured and reported by terminals in the cell; That is measurement data on interference present in predetermined unit times are reported and gathered. The total interference is added together for a unit time and based on the predetermined unit time measures may be taken for mitigating interference and reducing inter-cell or inter-system interference). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wang in view of Wang with the teachings of Bjorken. Bjorken provides a solution to counteract the interference in the first cell when the second interference contribution fulfills a threshold condition such that actions and measures for counteracting the inter-system interference can be initiated only when needed or when it is deemed effective for improving performance in the cell (Bjorken Abstract; Paragraph [0011-0017]). Regarding Claim 9, Wang discloses a radio communication method (Figure 1, 2 and 9-13) comprising: causing a plurality of radio devices respectively to detect an interference source signal transmitted by an interference source; causing the plurality of radio devices respectively to generate pieces of air time information indicating the presence or absence of the interference source signal for each predetermined time unit (Figure 1 and 2; Paragraph [0007 and 0052] A method for identifying interference, which is applied to a wireless communications network that includes a wireless management device and at least two access point devices, where the method for identifying interference includes requesting the at least two access point devices to separately collect spectrum information of an interference source; receiving, from each of the at least two access point devices, collected spectrum information of an interference source, and determining that the spectrum information collected by the at least two access point devices includes spectrum information of interference sources that belong to a same device type; separately extracting, from the spectrum information collected by the at least two access point devices, the spectrum information of the interference sources that belong to the same device type; matching characteristic sequences that are in a same time period and in the separately extracted spectrum information of the interference sources that belong to the same device type, and calculating a match value of the characteristic sequences in the same time period); acquiring the pieces of air time information from the plurality of radio devices, respectively; and estimating the air time of the interference source by aggregating/integrating the acquired air time information for each predetermined time unit (Paragraph [0007 and 0052] The wireless management device 30 is configured to request the three access point devices 31a, 31b, and 31c to separately collect spectrum information of an interference source; determine whether the three access point devices 31a, 31b, and 31c collect spectrum information of interference sources that belong to a same device type; when it is determined that the spectrum information collected by the three access point devices 31a, 31b, and 31c includes spectrum information of the interference sources that belong to the same device type, separately extract, from the spectrum information collected by the three access point devices 31a, 31b, and 31c, spectrum information of the interference sources that belong to the same device type, match characteristic sequences that are in a same time period and in the separately extracted spectrum information of the interference sources that belong to the same device type, calculate an overlapping characteristic match value of the characteristic sequences in the same time period, and determine whether the overlapping characteristic match value is greater than a preset threshold; and if the overlapping characteristic match value is greater than the preset threshold, determine that the separately extracted spectrum information of the interference sources that belong to the same device type is from a same interference source, and if the overlapping characteristic match value is not greater than the preset threshold, determine that the separately extracted spectrum information of the interference sources that belong to the same device type are from different interference sources). Wang discloses various pieces of air time information specifying whether the interference source signal exists or not for each predetermined time unit and matching of information to determine the interference source looking at the total interference information gathered but may not explicitly disclose air time of the interference source and an aggregation device configured to estimate air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices and aggregate the acquired pieces of air time information. However, Yang more specifically teaches air time of the interference source and an aggregation device configured to estimate air time of the interference source by acquiring the pieces of air time information from the plurality of radio devices and aggregate the acquired pieces of air time information (Figure 1B; Paragraph [0061-0064] From the perspective of any pair of communicating nodes 1 in the network 10 on a particular wireless channel, transmissions by other nodes 1 in the network 10 which disrupt the communication on that channel constitute interference, as do signals originating outside of the network 10 e.g. from other wireless networks operating in the same or similar spectrum. This includes in-band and out-of-band signals which disrupt communication on that channel. The method is implemented by the modelling component 8 of each node 1 in the network 10; Paragraph [0034-0040, 0056, 0068-0070, 0084 and 0085] Each device may comprise an interference power estimation component configured to estimate an average interference power, estimating the average interference power comprising summing a plurality of energy detection values, each obtained by an energy detection in the sequence for which a) the respective detection time coincides with the interference source being in the first or second active state and b) the amount of energy collected at the respective detection time is above a measurement threshold. The measurement threshold may be lower than the clear channel assessment threshold. The sequence of energy detections may be performed according to a periodic schedule, wherein: each detection is performed at its scheduled time so that the sequence is periodic; or each energy detection performed at a time offset from its scheduled time by an amount selected at random from a predetermined time interval so that the sequence is pseudo-periodic. A receiver is controlled to access the channel to perform a sequence of energy detections, each energy detection comprising collecting energy in the channel at a respective detection time. Modelling the interference source comprises determining based on the sequence of energy detections: i) a large time scale metric which describes the transitioning into and out of the inactive state, and ii) a small time scale metric which describes the transitioning between the first and second active states. Transmission of data by a transmitter is effected in dependence on the estimated metrics. The behaviours of the interference are characterized statistically over time based on a sequence (or sequences) of energy detection samples. An aggregation of the sequence/sequences of channel assessments is used to classify an interference scenario in terms of: i) a large-scale duty cycle (LDC), capturing the state of an interference source being active or inactive; and ii) a small-scale duty cycle (SDC), capturing the intermitted patterns of the interference source when active; Paragraph [0118] Sum and estimated average interference power is collected which is useful for taking certain strategies for transmitting/receiving date in presence of interference). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wang with the teachings of Yang. Yang provides a solution which ensures collecting and identifying interference adopting an overlapping characteristic matching mode with higher accuracy in identifying interference sources and making easy to implement (Yang Abstract; Paragraph [0002-0007]). Wang in view of Yang readily disclose the radio communication system of the independent claim but may not explicitly disclose aggregating/integrating the acquired pieces of air time information for each predetermined unit time. However, Bjorken more specifically teaches aggregating/integrating the acquired pieces of air time information for each predetermined unit time (Figure 3-6; Paragraph [0040-0041] Total interference may be obtained by signal measurements in the first cell either on the uplink measured by the base station of the first cell or on the downlink as measured and reported by terminals in the cell; That is measurement data on interference present in predetermined unit times are reported and gathered. The total interference is added together for a unit time and based on the predetermined unit time measures may be taken for mitigating interference and reducing inter-cell or inter-system interference). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wang in view of Wang with the teachings of Bjorken. Bjorken provides a solution to counteract the interference in the first cell when the second interference contribution fulfills a threshold condition such that actions and measures for counteracting the inter-system interference can be initiated only when needed or when it is deemed effective for improving performance in the cell (Bjorken Abstract; Paragraph [0011-0017]). Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Yang and Bjorken as applied to claim 4 above, and further in view of Hirata et al. U.S. Patent Application Publication 2021/0143848, hereinafter Hirata, and Yun et al. U.S. Patent Application Publication 2017/0064564, hereinafter Yun. Regarding Claim 6, Wang in view of Yang and Bjorken disclose the radio communication system according to Claim 1. Wang in view of Yang and Bjorken disclose detecting and aggregating of interference information from radio devices but fail to explicitly disclose wherein the plurality of radio devices are configured to transmit detection levels of the interference source signal and pieces of position information about the radio devices to the aggregation device as the pieces of air time information. However, Hirata teaches wherein the plurality of radio devices are configured to transmit detection levels of the interference source signal and pieces of position information about the radio devices to the aggregation device as the pieces of air time information (Paragraph [00008-0010] A transmitter that transmits first interference information including information relating to the interference to another communication apparatus; Paragraph [0055-0059 and 0118] The interference information refers to, for example, information such as a reception power value (stated another way, the intensity of interference), the time when the power has been received (a reception start time, a reception end time, or the like; stated another way, an interference occurrence time), a direction from which power has been received (stated another way, a direction of an interference source), or the attribute of interference. Note that the content of the interference information is not limited to the above. Furthermore, information relating to interference with another wireless LAN system rather than interference with another system may also be shared; in a case where the transmission source apparatus has been able to estimate a position or a direction in which an interference source exists on the basis of interference information shared with a communication apparatus other than a transmission destination apparatus or interference information collected by the local apparatus, the transmission source apparatus may select a transmission destination apparatus to which a signal is preferentially transmitted on the basis of this estimation result.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wang in view of Yang and Bjorken with the teachings of Hirata. Hirata provides a solution in which the generation of interference or the influence of interference with the terminal of other systems is suppressed or reduced (Hirata Abstract; Paragraph [0006-0012 and 0066]). Wang in view of Yang, Bjorken and Hirata disclose an aggregation device and reception of various pieces of air time information related to an interference source signal but may not explicitly disclose the aggregation device is configured to estimate a position of the interference source from the detection levels of the interference source signal at the plurality of radio devices and the pieces of position information about the plurality of radio devices. However, Yun more specifically teaches the aggregation device is configured to estimate a position of the interference source from the detection levels of the interference source signal at the plurality of radio devices and the pieces of position information about the plurality of radio devices (Figure 1-7; Paragraph [0006] A method for characterizing interference detected by distributed measurement nodes includes collecting signal data from a plurality of measurement nodes, the signal data including a signal strength measurement and a geographic location for the signal strength measurement, triangulating the geographic locations of the plurality of measurement nodes using Delaunay triangulation to create a plurality of triangles, and establishing at least one contour by connecting a plurality of coordinates along sides of the plurality of triangles. In addition, the method may include localizing a source of the interference by averaging the plurality of coordinates to determine a single geographical coordinate value that corresponds to a location of the source of interference). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wang in view of Yang, Bjorken and Hirata with the teachings of Yun. Yun provides a solution which enables improving signal pattern characterization technology in a communications network by improving accuracy of signal strength characterization using a limited amount of signal measurements. The method enables providing a contour mapping or interference localization to drive change to network parameters to improve network performance in presence of interference. The method enables avoiding frequencies that interfere with signals from an interference map for cells that overlap with areas with high levels of interference when the wireless system is a cellular telecommunications network (Yun Abstract; Paragraph [0002-0012]). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Yang and Bjorken as applied to claim 4 above, and further in view of Nentwig U.S. Patent Application Publication 2012/0164950, hereinafter Nentwig. Regarding Claim 7, Wang in view of Yang and Bjorken disclose the radio communication system according to Claim 1. Wang in view of Yang and Bjorken fail to explicitly disclose wherein the aggregation device is configured to analyze a tendency pattern of the estimated air time of the interference source, predict future air time of the interference source according to the tendency pattern, determine a transmission timing advantageous to the radio devices and notify the radio devices of the transmission timing. However, Nentwig more specifically teaches wherein the aggregation device is configured to analyze a tendency pattern of the estimated air time of the interference source, predict future air time of the interference source according to the tendency pattern, determine a transmission timing advantageous to the radio devices and notify the radio devices of the transmission timing (Paragraph [0029-0031 and 0051-0063] The selection of the transmission time instants, i.e. scheduling of transmission, is also carried out on the basis of interference prediction. The communication parameter selector 706 may receive, as another input, transmission timing information defining transmission and reception time instants of the radio communication device. The transmission timing information may be agreed between the radio communication devices communicating with each other (scheduling), or it may be made known to both devices in another way. With respect to the reception, the communication parameter selector 706 may check the interference prediction received from the interference predictor 704 for the interference strength in the reception time instants, select transmission parameter configurations that are associated with the predicted interference strengths, and configure the receiver 708 to apply the transmission parameter configurations to the corresponding reception time instants. The transmission parameter selector 706 carries out scheduling, i.e. allocation of transmission time instants, on the basis of the interference prediction results received from the interference predictor; That is the air time of interference is analyzed and further air time of the interference source is predicted and a transmission timing advantageous to devices is established and notified to the radio devices). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Wang in view of Yang and Bjorken with the teachings of Nentwig. By predicting future interference environment and selecting optimal parameters for future environment, quality of communication between the cognitive radio communication devices in interfered environment is improved. Thus degradation of signals between communication devices due to attenuation caused by free space path loss, shadowing caused by obstacles between communication devices, fading caused by multipath propagation, thermal noise, weather conditions, usage of same frequency spectrum by other devices are prevented (Nentwig Abstract; Paragraph [0019-0021]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to IVAN O LATORRE whose telephone number is (571)272-6264. The examiner can normally be reached Monday-Friday 9:00 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, Hadi Armouche can be reached at (571) 270-3618. 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. IVAN O. LATORRE Primary Examiner Art Unit 2409 /IVAN O LATORRE/Primary Examiner, Art Unit 2409
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Prosecution Timeline

Apr 05, 2024
Application Filed
Mar 16, 2026
Non-Final Rejection — §103, §112, §DP (current)

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Expected OA Rounds
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95%
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2y 7m
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