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 .
DETAILED ACTION
This is in reply to an application filed on 03/22/2024. Claims 16-35 are pending.
Preliminary Amendment
The preliminary amendment submitted on 03/22/2024 is acknowledged and considered accordingly.
Priority
Foreign Priority benefit claimed under Title 35, United States Code, § 119 have been acknowledged.
Information Disclosure Statement PTO-1449
The Information Disclosure Statement submitted by applicant on 12/27/2024 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 signed and attached hereto.
Claim Rejections - 35 USC § 103
5. 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 16-17 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over US 20150156664 A1 to Tsuda et al., (hereinafter Tsuda) in view of US 20160374030 A1 to Koutsimanis et al., (hereinafter Koutsimanis).
Claim 16. A method comprising:
Measuring a received signal strength indicator (RSSI) and pilot signal received power of a serving cell in which a user equipment is located, wherein the pilot signal received power comprises a reference signal received power (RSRP);
(Tsuda: See para[0174], Fig. 12, and Fig. 11, #140, “Serving Cell Congestion Detecting Unit” of information processing device (e.g., wireless communication device) receives “RSSI”, of the serving cell transmissions, from “Received Signal Strength Detection Unit #130, and “RSRP” of serving cell transmissions. See para[0016] for degree of congestion of the base stations are calculated by using pilot signals or reference signals transmitted by base station)
calculating a load rate (i.e., calculating “degree of congestion”) of the serving cell, at least based on the RSSI, the RSRP,
(Tsuda: See para[0174], Fig. 12, and Fig. 11, #140, the communication device, based on calculates a degree of congestion (i.e., “load rate’) of the serving base station based on RSRP and RSSI )
determining, (i.e., the serving cell congestion unit #140 determines) at least based on the load rate (i.e., based on degree of congestion) and a cell congestion threshold (i.e., congestion threshold), whether the serving cell is congested.
(Tsuda: See para[0026], para[0176], Fig. 7, and para[0108] the serving cell congestion unit #140, calculates/determines the degree of congestion (i.e., “load rate”) of the serving cell and changes it (i.e., changes the load rate) from being “normal” to being “congested”, when the degree of congestion (i.e., the load rate) of the serving cell exceeds a threshold value.)
Although Tsuda teaches congestion/load of the serving cell can be determined based on RSSI and RSRP, however, Tsuda does not explicitly disclose that the load information of serving cell can be determined based on interference caused by neighboring cells to the serving cell, as understood by:
and at least one of a quantity of antenna transmit ports of a base station communicating with the user equipment, a first probability of synchronization between the serving cell and neighboring cells, a second probability of asynchronization between the serving cell and each of the neighboring cells, a ratio of a first power of a data signal from the base station to a second power of a pilot signal from the base station, or an interference caused by the neighboring cells to the serving cell, wherein the serving cell is adjacent to each of the neighboring cells; and
However, in a similar field, Koutsimanis, teaches that the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included load information of a serving access point determined based on average load information of the neighboring cells, as taught by Koutsimanis, in order to benefit determining load information as being indication of interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Claim 17. The method of claim 16, wherein calculating the load rate comprises: calculating an average load rate of the neighboring cells; and calculating, at least based on the average load rate, the interference.
(Koutsimanis: See para[0060] for the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points.)
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included load information of a serving access point determined based on average load information of the neighboring cells, as taught by Koutsimanis, in order to benefit determining load information as being indication of interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Claim 29. An electronic device, (Tsuda: Fig. 11, #500, information processing device) comprising: a memory configured to store instructions; (Tsuda: Fig. 11, #530, storage unit) and one or more processors (Tsuda: Fig. 11, #520, control unit) coupled to the memory and configured to:
measure a received signal strength indicator (RSSI) and pilot signal received power of a serving cell in which a user equipment is located, wherein the pilot signal received power comprises a reference signal received power (RSRP);
(Tsuda: See para[0174], Fig. 12, and Fig. 11, #140, “Serving Cell Congestion Detecting Unit” of information processing device receives “RSSI”, of the serving cell transmissions, from “Received Signal Strength Detection Unit #130, and “RSRP” related to the serving cell transmissions. See para[0016] for “degree of congestion” of the base station are calculated by using pilot signals or reference signals transmitted by the base station)
calculate a load rate (i.e., calculating “degree of congestion”) of the serving cell at least based on the RSSI, the RSRP,
(Tsuda: See para[0174], Fig. 12, and Fig. 11, #140, the communication device, based on calculates a degree of congestion (i.e., “load rate’) of the serving base station based on RSRP and RSSI )
determine, (i.e., the serving cell congestion unit #140 determines) at least based on the load rate (i.e., based on degree of congestion) and a cell congestion threshold, (i.e., congestion threshold) whether the serving cell is congested.
(Tsuda: See para[0026], para[0176], Fig. 7, and para[0108] the serving cell congestion unit #140, calculates/determines the degree of congestion (i.e., “load rate”) of the serving cell and changes it (i.e., changes the load rate) from being “normal” to being “congested”, when the degree of congestion (i.e., the load rate) of the serving cell exceeds a threshold value.)
Although Tsuda teaches congestion/load of the serving cell can be determined based on RSSI and RSRP, however, Tsuda does not explicitly disclose that the load information of serving cell can be determined based on interference caused by neighboring cells to the serving cell, as understood by:
and at least one of a quantity of antenna transmit ports of a base station communicating with the user equipment, a first probability of synchronization between the serving cell of the user equipment and neighboring cells, a second probability of asynchronization between the serving cell and each of the neighboring cells, a ratio of a first power of a data signal from the base station to a second power of a pilot signal from the base station, or an interference by the neighboring cells to the serving cell, wherein the serving cell is adjacent to each of the neighboring cells; and
However, in a similar field, Koutsimanis, teaches that the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included load information of a serving access point determined based on average load information of the neighboring cells, as taught by Koutsimanis, in order to benefit determining load information as being indication of interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Claim 30. The electronic device of claim 29, wherein the one or more processors are further configured to: calculate an average load rate of the neighboring cells; and calculate, at least based on the average load rate, the interference.
(Koutsimanis: See para[0060] for the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points.)
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included load information of a serving access point determined based on average load information of the neighboring cells, as taught by Koutsimanis, in order to benefit determining load information as being indication of interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Claims 18, 21, 31, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over US 20150156664 A1 to Tsuda et al., (hereinafter Tsuda) in view of US 20160374030 A1 to Koutsimanis et al., (hereinafter Koutsimanis) and in further view of US 20150333854 A1 to Yang (hereinafter Yang).
Claim 18. Tsuda in view of Koutsimanis teaches the method of claim 17, however, they do not seem to explicitly disclose that the average load of interfering cells can be determined based on RSRP and SINR of serving cell, RSRP of plurality of other cells, and/or a ratio, all in a mathematical formula, as understood alternatively by:
wherein calculating the average load rate comprises: measuring a signal-to-interference-plus-noise ratio (SINR) of the serving cell; obtaining, based on the SINR, RSRPs of the neighboring cells; and calculating the average load rate at least based on the RSRP and the SINR of the serving cell, the RSRPs of the neighboring cells, and at least one of the quantity of antenna transmit ports, the first probability, the second probability, or the ratio.
However, in a similar field, Yang, in para[0046] and claim 14, teaches the average load of an interfering cell can be determined based on a formula, wherein such formula includes SINR, RSRP of all cells, (i.e., serving cells and/or neighboring cells), a first determination unit,(i.e., the first probability ), and a second determination unit ( i.e., a second probability) that is a mathematical ratio.
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Yang teaches a mathematical formula in a ratio format, consisting of SINR, RSRP of all cells, , a first determination unit,(i.e., the first probability ), and a second determination unit ( i.e., a second probability), all in a mathematical ratio, wherein the average load of interfereing cell can be determined by rearrangement of such formula. (Yang: See para[0046] and Claim 14])
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included average load determination of interfering cells, as taught by Yang, in with the teachings of Tsuda in view of Koutsimanis, in order to benefit from having a mathematical formula consisting of SINR and RSRP of all cells, a first determination unit, and a second determination unit, wherein the average load of interfering cell can be determined by rearrangement of such formula. (Yang: See para[0046] and Claim 14])
Claim 21. Tsuda in view of Koutsimanis teaches the method of claim 17, however, they do not seem to explicitly disclose that the average load of interfering cells can be determined based on RSRP and SINR of serving cell, RSRP of plurality of other cells, and/or a ratio, all in a mathematical formula, as understood alternatively by:
further comprising further calculating the interference based on the average load rate and at least one of the quantity of antenna transmit ports, the first probability, the second probability, or the ratio.
However, in a similar field, Yang, in para[0046] and claim 14, teaches the average load of an interfering cell can be determined based on a formula, wherein such formula includes SINR, RSRP of all cells, (i.e., serving cells and/or neighboring cells), a first determination unit,(i.e., the first probability ), and a second determination unit ( i.e., a second probability) that is a mathematical ratio.
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Yang teaches a mathematical formula in a ratio format, consisting of SINR, RSRP of all cells, , a first determination unit,(i.e., the first probability ), and a second determination unit ( i.e., a second probability), all in a mathematical ratio, wherein the average load of interfereing cell can be determined by rearrangement of such formula. (Yang: See para[0046] and Claim 14])
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included average load determination of interfering cells, as taught by Yang, in with the teachings of Tsuda in view of Koutsimanis, in order to benefit from having a mathematical formula consisting of SINR and RSRP of all cells, a first determination unit, and a second determination unit, wherein the average load of interfering cell can be determined by rearrangement of such formula. (Yang: See para[0046] and Claim 14])
Claim 31. Tsuda in view of Koutsimanis teaches the electronic device of claim 30, however, they do not seem to explicitly disclose that the average load of interfering cells can be determined based on RSRP and SINR of serving cell, RSRP of plurality of other cells, and/or a ratio, all in a mathematical formula, as understood alternatively by:
wherein the one or more processors are further configured to:
measure a signal-to-interference-plus-noise ratio (SINR) of the serving cell; obtain, based on the SINR, RSRPs of the neighboring cells; and calculate the average load rate at least based on the RSRP and the SINR of the serving cell, the RSRPs of the neighboring cells, and at least one of the quantity of antenna transmit ports, the first probability, the second probability, and the ratio.
However, in a similar field, Yang, in para[0046] and claim 14, teaches the average load of an interfering cell can be determined based on a formula, wherein such formula includes SINR, RSRP of all cells, (i.e., serving cells and/or neighboring cells), a first determination unit,(i.e., the first probability ), and a second determination unit ( i.e., a second probability) that is a mathematical ratio.
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Yang teaches a mathematical formula in a ratio format, consisting of SINR, RSRP of all cells, , a first determination unit,(i.e., the first probability ), and a second determination unit ( i.e., a second probability), all in a mathematical ratio, wherein the average load of interfereing cell can be determined by rearrangement of such formula. (Yang: See para[0046] and Claim 14])
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included average load determination of interfering cells, as taught by Yang, in with the teachings of Tsuda in view of Koutsimanis, in order to benefit from having a mathematical formula consisting of SINR and RSRP of all cells, a first determination unit, and a second determination unit, wherein the average load of interfering cell can be determined by rearrangement of such formula. (Yang: See para[0046] and Claim 14])
Claim 34. Tsuda in view of Koutsimanis teaches the electronic device of claim 30, however, they do not seem to explicitly disclose that the average load of interfering cells can be determined based on RSRP and SINR of serving cell, RSRP of plurality of other cells, and/or a ratio, all in a mathematical formula, as understood alternatively by:
wherein the one or more processors are further configured to calculate the interference based on the average load rate and at least one of the quantity of antenna transmit ports, the first probability, the second probability, and the ratio.
However, in a similar field, Yang, in para[0046] and claim 14, teaches the average load of an interfering cell can be determined based on a formula, wherein such formula includes SINR, RSRP of all cells, (i.e., serving cells and/or neighboring cells), a first determination unit,(i.e., the first probability ), and a second determination unit ( i.e., a second probability) that is a mathematical ratio.
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Yang teaches a mathematical formula in a ratio format, consisting of SINR, RSRP of all cells, , a first determination unit,(i.e., the first probability ), and a second determination unit ( i.e., a second probability), all in a mathematical ratio, wherein the average load of interfereing cell can be determined by rearrangement of such formula. (Yang: See para[0046] and Claim 14])
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included average load determination of interfering cells, as taught by Yang, in with the teachings of Tsuda in view of Koutsimanis, in order to benefit from having a mathematical formula consisting of SINR and RSRP of all cells, a first determination unit, and a second determination unit, wherein the average load of interfering cell can be determined by rearrangement of such formula. (Yang: See para[0046] and Claim 14])
Claims 26 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over US 20150156664 A1 to Tsuda et al., (hereinafter Tsuda) in view of US 20160374030 A1 to Koutsimanis et al., (hereinafter Koutsimanis) and in further view of US 20080102853 A1 to Kagimoto (hereinafter Kagimoto).
Claim 26. Tsuda in view of Koutsimanis teaches the method of claim 16, however, they do not seem to explicitly disclose that when a serving cell is congested, the base station sends congestion state of various other cells to UE, and for UE to move to another cell that is being less congested, based on a priority, as understood alternatively by:
further comprising determining, when the serving cell is congested, whether to adjust a communication service between the user equipment and the base station.
However, in a similar field, Kagimoto, in para[0021], Fig. 3, Fig. 4, #32, and Fig. 6, teaches a mobile terminal, receiving from a base station, the “congestion information” of different cells that the mobile terminal can communicate with, all based on congestion state level as it receives, and wherein based on such congestion level, a mobile terminal is asked to move to another cell being less congested, such as Tenjin 2, or Chome B, as shown in Fig. 6.
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Kagimoto teaches congestion control methods, wherein a serving base station provides congestion information of different other cells to a terminal, and suggests to the terminal for example to move to another cell based on load and/or congestion information levels associated with other cells. (kagimoto: See para[0021] and Fig. 3, Fig. 4, #32, and Fig. 6)
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included congestion level notifications provided from a serving cell to a terminal, as taught by Kagimoto, in order to benefit from enhancements of being able to inform a terminal of various congestion levels of different cells, and for the termial to move to another cell based on congestion levels associated with different cells. (kagimoto: See para[0021] and Fig. 3, Fig. 4, #32, and Fig. 6)
Claim 28. Tsuda in view of Koutsimanis teaches the method of claim 16, however, they do not seem to explicitly disclose that when a serving cell is congested, the base station sends congestion state of various other cells to UE, and for UE to move to another cell that is being less congested, based on a priority, as understood alternatively by:
further comprising: comparing a communication quality index between the user equipment and the base station with a quality threshold when the serving cell is not congested; and reporting an exception to a server when the communication quality index reaches or exceeds the quality threshold.
However, in a similar field, Kagimoto, in para[0021], Fig. 3, Fig. 4, #32, and Fig. 6, teaches a mobile terminal, receiving from a base station, the “congestion information” of different cells that the mobile terminal can communicate with, all based on congestion state level as it receives, and wherein based on such congestion level, a mobile terminal is asked to move to another cell being less congested, such as Tenjin 2, or Chome B, as shown in Fig. 6.
Tsuda teaches methods related to degree of congestion calculations of a serving cell based on particular signal strengths of certain signals transmitted from a serving base station. (Tsuda: See Abstract & para[0174])
Koutsimanis teaches the load information of a serving access point (i.e., serving cell) is determined based on obtained average load information of the neighboring wireless access points, and wherein such determined load information of the serving access point (i.e., serving cell) is an indication of an interference situation of the serving and/or neighboring wireless access points. (Koutsimanis: See para[0060])
Kagimoto teaches congestion control methods, wherein a serving base station provides congestion information of different other cells to a terminal, and suggests to the terminal for example to move to another cell based on load and/or congestion information levels associated with other cells. (kagimoto: See para[0021] and Fig. 3, Fig. 4, #32, and Fig. 6)
It would have been obvious to one of ordinary skill in the art before the time of effective filing to have included congestion level notifications provided from a serving cell to a terminal, as taught by Kagimoto, in order to benefit from enhancements of being able to inform a terminal of various congestion levels of different cells, and for the termial to move to another cell based on congestion levels associated with different cells. (kagimoto: See para[0021] and Fig. 3, Fig. 4, #32, and Fig. 6)
Allowable Subject Matter
9. Claims 19, 20, 22-25, 27, 32, 33, and 35 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.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID ESMAEILIAN whose telephone number is (571)270-7830. The examiner can normally be reached on M-F. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag G. Shah can be reached on 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M. E./
Examiner, Art Unit 2477
/GREGORY B SEFCHECK/Primary Examiner, Art Unit 2477
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