DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office action is in response to the preliminary amendment filed on 05/10/2024.
Claims 1-20 are presented for examination.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application (2021-187763) filed in Japan on 11/18/2021.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/10/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “another first wireless communication device of another
bidirectional second communication system different from a first communication system of the wireless communication device”, which renders the scope of the claim unclear.
Specifically, it is unclear whether the term “another” modifies the first wireless communication device, the bidirectional second communication system, or both, and the relationship between the recited communication systems cannot be determined with reasonable certainty.
Claims 12-14 and 17-20 have the same deficiency as claim 1 above.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “a communication control unit configured to acquire” recited in claims 1, 11-14 and 18-19.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception without significantly more. Claims 1 and 17-20 recite a program, device, and method comprising acquiring information, and analyzing the information.
Step 2A, Prong one: The claims are directed to the abstract idea of collecting, analyzing, and using information regarding communication resources, which falls within the category of mental processes and/or certain methods of organizing human activity. Specifically, the claims recite acquiring information regarding communication resources based on transmission information from another device and using the acquired information to support communication control. These limitations amount to collecting information, analyzing the information, and using the results of the analysis, which are concepts performed in the human mind and thus constitute mental processes, and abstract idea under the 2019 Revised Patent Subject Matter Eligibility Guidance.
Step 2A, Prong Two: The additional elements, including “a program causing a computer to function as a communication control unit” and a “wireless communication device”, are recited at a high level of generality and merely apply the abstract idea using generic computer and wireless communication component. They do not integrate the abstract idea into a practical application because they do not improve the functioning of the computer or the wireless communication technology itself, but instead use conventional components as tools to perform the abstract idea.
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The recited program and communication devices perform well-understood, routine, and conventional computer functions, including receiving data, and analyzing the data. Considered individually and as an ordered combination, the additional elements do not add a specific limitation beyond the judicial exception that is not well-understood, routine, and conventional in the field. Accordingly, claims 1-20 are directed to an abstract idea and do not recite additional elements sufficient to amount to significantly more than the judicial exception. Therefore, the claims are not patent eligible under 35 U.S.C. 101.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4 and 7-20 are rejected under 35 U.S.C. 103 as being unpatentable over Damnjanovic et al. (US 2021/0211886 A1), in view of Takanori et al. (JP 2020137068 A).
As to claims 1 and 17-20, Damnjanovic discloses the invention as claimed, including a wireless communication device (Figs. 5-6) comprising
a communication control unit (Fig. 15, 1510, 1515, 1545) configured to acquire information regarding a communication resource usable by the wireless communication device (Fig. 16, 1605; Abstract, “provide that nodes of each network may indicate an identification of the network, a network priority, or both, in over-the-air signaling. Wireless nodes may determine if another neighboring network is present based on the over-the-air signaling”; ¶0015, “the configuration information further indicates a maximum allowed interference of the one or more other networks, where the transmission power may be further determined based on the maximum allowed interference of the one or more other networks”; ¶0043, “nodes of each network may provide an identification of the network, a network priority, or both, in over-the-air signaling (e.g., in one or more reference signal transmissions). UEs, base stations, or other wireless nodes (e.g., WiFi stations (STAs) or access points (APs)) may determine if another neighboring network is present based on the over-the-air signaling”; ¶0044, “a centralized coexistence manager may provide information to each of the networks using the licensed shared radio frequency spectrum related to areas of operation (e.g., in a database of license holders)”; ¶0079, “UEs 115 and base stations 105 may use licensed shared radio frequency spectrum band for communications and one or more neighboring networks may use a same licensed shared radio frequency spectrum band, where a second network of the one or more neighboring networks has priority of use of the licensed shared radio frequency spectrum band within a particular geographic area”; ¶0178-¶0180; ¶0185),
the information being determined on a basis of transmission information of another first wireless communication device of another bidirectional second communication system (i.e., another neighboring network, one or more other networks, one or more neighboring networks) different from a first communication system of the wireless communication device (Figs. 1-2; Fig. 16, 1610-1615; ¶0004, “determine if another neighboring network is present based on the over-the-air signaling, may determine whether the other network has a higher priority, and may adjust one or more transmissions (e.g., by reducing a transmission power or refraining from transmitting) in the event that a higher priority network is identified”; ¶0043; ¶0079; ¶0084, “determining a transmission power reduction for a transmission in the presence of second network 215 transmissions (e.g., transmission power of the first UE 115-a is reduced less for higher allowed interference thresholds and is reduced more for lower allowed interference thresholds)”).
Although Damnjanovic discloses determine if another neighboring network is present based on the over-the-air signaling, Damnjanovic does not specifically disclose transmission information transmitted from another first wireless communication device of another bidirectional second communication system.
However, Takanori discloses the information being determined on a basis of transmission information transmitted from another first wireless communication device of another bidirectional second communication system different from a first communication system of the wireless communication device (¶0004, “performs a listening operation to receive radio waves transmitted from surrounding base stations in order to avoid interference with the systems of surrounding base stations that use different wireless communication methods”; ¶0006, “receive or transmit a synchronization signal from the surrounding base station to the surrounding base station for synchronizing the listening operation between the surrounding base station and itself, and execute the listening operation based on the synchronization signal”; ¶0007, “receiving broadcast information from the surrounding base station, which includes setting information for the transmission power of a reference signal transmitted from the surrounding base station; a measuring means for measuring the received power of a reference signal transmitted from the surrounding base station in normal mode”; ¶0017, “during the period in which each base station performs its LBT listening operation, the received strength of radio waves received by surrounding base stations must be at a predetermined LBT threshold (hereinafter referred to as the "LBT threshold"). The station controls the transmission of radio waves so that the following conditions are met. This makes it possible to ensure high communication capacity in the target area without causing a halt in radio wave transmission due to the LBT function, even when multiple base stations (eNodeB) of the sXGP system are installed in close proximity to the target area”). 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 system of Damnjanovic to include the information being determined on a basis of transmission information transmitted from another first wireless communication device of another bidirectional second communication system different from a first communication system of the wireless communication device, as taught by Takanori because it would reduce interference by dynamically adjusting its frequencies or transmission power to avoid signal conflicts and interference (Takanori; ¶0004; ¶0013; ¶0017).
As to claim 2, Damnjanovic discloses the wireless communication device according to claim 1, wherein the transmission information includes a first synchronization signal (Figs. 3-6; ¶0015, “one or more of time resources or frequency resources, and where the time resources may be determined based on the synchronization information”; ¶0068, “The wireless communications system 100 may support synchronous or asynchronous operation. For synchronous operation, the base stations 105 may have similar frame timings, and transmissions from different base stations 105 may be approximately aligned in time. In some cases, synchronous operation may extend to one or more nodes of an adjacent wireless network to provide aligned frame timings”; ¶0086).
As to claim 3, Damnjanovic discloses the wireless communication device according to claim 2, wherein the communication resource is a time resource (¶0003, “These systems may be capable of supporting communication with multiple users by sharing the available system resources (e.g., time, frequency, and power)”; ¶0015, “one or more of time resources or frequency resources, and where the time resources may be determined based on the synchronization information”; ¶0059, “A wireless communications resource may refer to a combination of a radio frequency spectrum resource, a time resource, and a spatial resource (e.g., spatial layers or beams), and the use of multiple spatial layers may further increase the data rate or data integrity for communications with a UE 115”).
As to claim 4, Damnjanovic discloses the wireless communication device according to claim 3, wherein the communication resource is a system frame (¶0060, “Time intervals of a communications resource may be organized according to radio frames each having a specified duration (e.g., 10 milliseconds (ms)). Each radio frame may be identified by a system frame number (SFN) (e.g., ranging from 0 to 1023)”).
As to claim 7, Damnjanovic discloses the wireless communication device according to claim 2, wherein the information regarding the communication resource includes information regarding a time of the communication resource (¶0003, “These systems may be capable of supporting communication with multiple users by sharing the available system resources (e.g., time, frequency, and power)”; ¶0015, “one or more of time resources or frequency resources, and where the time resources may be determined based on the synchronization information”; ¶0059, “A wireless communications resource may refer to a combination of a radio frequency spectrum resource, a time resource, and a spatial resource (e.g., spatial layers or beams), and the use of multiple spatial layers may further increase the data rate or data integrity for communications with a UE 115”; ¶0060, “Time intervals of a communications resource may be organized according to radio frames each having a specified duration (e.g., 10 milliseconds (ms)). Each radio frame may be identified by a system frame number (SFN) (e.g., ranging from 0 to 1023)”).
As to claim 8, Damnjanovic discloses the wireless communication device according to claim 2, wherein the information regarding the communication resource includes information regarding a frequency of the communication resource (¶0003, “These systems may be capable of supporting communication with multiple users by sharing the available system resources (e.g., time, frequency, and power)”; ¶0015, “one or more of time resources or frequency resources, and where the time resources may be determined based on the synchronization information”; ¶0059, “A wireless communications resource may refer to a combination of a radio frequency spectrum resource, a time resource, and a spatial resource (e.g., spatial layers or beams), and the use of multiple spatial layers may further increase the data rate or data integrity for communications with a UE 115”).
As to claim 9, Damnjanovic discloses the wireless communication device according to claim 2, wherein the first synchronization signal includes information regarding a communication parameter of the first communication system (¶0055, “Each physical layer channel may carry acquisition signaling (e.g., synchronization signals, system information), control signaling that coordinates operation for the carrier, user data, or other signaling”; ¶0068, “For synchronous operation, the base stations 105 may have similar frame timings, and transmissions from different base stations 105 may be approximately aligned in time. In some cases, synchronous operation may extend to one or more nodes of an adjacent wireless network to provide aligned frame timings”; ¶0096, “the first network 505 and second network 510 may have synchronized frame timings. Such synchronization may have a number of benefits”).
As to claim 10, Damnjanovic discloses the wireless communication device according to claim 9, wherein the information regarding the communication parameter includes information specifying a traffic type (¶0064, “Each base station 105 may provide communication coverage via one or more cells, for example a macro cell, a small cell, a hot spot, or other types of cells, or any combination thereof”; ¶0067, “The wireless communications system 100 may include, for example, a heterogeneous network in which different types of the base stations 105 provide coverage for various geographic coverage areas 110 using the same or different radio access technologies”).
As to claim 11, Damnjanovic discloses the wireless communication device according to claim 2, wherein the communication control unit starts communication in the first communication system on a basis of the information regarding the communication resource (¶0049, “The base stations 105 may be dispersed throughout a geographic area to form the wireless communications system 100 and may be devices in different forms or having different capabilities. The base stations 105 and the UEs 115 may wirelessly communicate via one or more communication links 125. Each base station 105 may provide a coverage area 110 over which the UEs 115 and the base station 105 may establish one or more communication links 125”; ¶0056, “A carrier may be operated in a standalone mode where initial acquisition and connection may be conducted by the UEs 115 via the carrier, or the carrier may be operated in a non-standalone mode where a connection is anchored using a different carrier (e.g., of the same or a different radio access technology)”).
As to claim 12, Damnjanovic discloses the wireless communication device according to claim 11, wherein the communication control unit starts communication in the first communication system on a basis of a trigger signal transmitted from another second wireless communication device to which the wireless communication device is connected in the first communication system (¶0043, “nodes of each network may provide an identification of the network, a network priority, or both, in over-the-air signaling (e.g., in one or more reference signal transmissions). UEs, base stations, or other wireless nodes (e.g., WiFi stations (STAs) or access points (APs)) may determine if another neighboring network is present based on the over-the-air signaling”; ¶0044, “a centralized coexistence manager may provide information to each of the networks using the licensed shared radio frequency spectrum related to areas of operation (e.g., in a database of license holders)”; ¶0049; ¶0056).
As to claim 13, Damnjanovic discloses the wireless communication device according to claim 11, wherein the communication control unit starts communication in the first communication system by the wireless communication device starting transmission or by triggering transmission of another second wireless communication device in the first communication system (¶0043, “nodes of each network may provide an identification of the network, a network priority, or both, in over-the-air signaling (e.g., in one or more reference signal transmissions). UEs, base stations, or other wireless nodes (e.g., WiFi stations (STAs) or access points (APs)) may determine if another neighboring network is present based on the over-the-air signaling”; ¶0044, “a centralized coexistence manager may provide information to each of the networks using the licensed shared radio frequency spectrum related to areas of operation (e.g., in a database of license holders)”; ¶0049; ¶0056).
As to claim 14, Damnjanovic discloses the wireless communication device according to claim 13, wherein the communication control unit notifies the another second wireless communication device in the first communication system of the information regarding the communication resource (Abstract, “provide that nodes of each network may indicate an identification of the network, a network priority, or both, in over-the-air signaling. Wireless nodes may determine if another neighboring network is present based on the over-the-air signaling”; ¶0015, “the configuration information further indicates a maximum allowed interference of the one or more other networks, where the transmission power may be further determined based on the maximum allowed interference of the one or more other networks”; ¶0043, “nodes of each network may provide an identification of the network, a network priority, or both, in over-the-air signaling (e.g., in one or more reference signal transmissions). UEs, base stations, or other wireless nodes (e.g., WiFi stations (STAs) or access points (APs)) may determine if another neighboring network is present based on the over-the-air signaling”; ¶0044, “a centralized coexistence manager may provide information to each of the networks using the licensed shared radio frequency spectrum related to areas of operation (e.g., in a database of license holders)”).
As to claim 15, Damnjanovic discloses the wireless communication device according to claim 13, wherein the communication control unit converts the first synchronization signal generated in a signal format used by the second communication system into the first synchronization signal in a signal format used by the first communication system (It is noted that converting synchronization signals between different system formats is a standard telecommunications process, handled by gateways or transceivers; Fig. 8, 810-820).
As to claim 16, Damnjanovic discloses the wireless communication device according to claim 1, wherein the first communication system is a wireless local area network (WLAN) system, and the second communication system is a cellular system (¶0064, “Each base station 105 may provide communication coverage via one or more cells, for example a macro cell, a small cell, a hot spot, or other types of cells, or any combination thereof”; ¶0067, “The wireless communications system 100 may include, for example, a heterogeneous network in which different types of the base stations 105 provide coverage for various geographic coverage areas 110 using the same or different radio access technologies”; ¶0084; ¶0274).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Damnjanovic et al. (US 2021/0211886 A1), Takanori et al. (JP 2020137068 A), in view of Ellenbeck et al. (US 2021/0243713 A1).
As to claims 5-6, although Damnjanovic discloses system-level timing alignment for synchronous or asynchronous operation (¶0055; ¶0068; ¶0096), Damnjanovic does not specifically disclose wherein the system frame starts from the first synchronization signal, a second synchronization signal that is different from the first synchronization signal and is used by the second communication system, or time information of a global navigation satellite system (GNSS); and wherein the information regarding the communication resource includes information regarding time intervals between the first synchronization signal and the communication resource.
However, Ellenbeck discloses wherein the system frame starts from the first synchronization signal, a second synchronization signal that is different from the first synchronization signal and is used by the second communication system, or time information of a global navigation satellite system (GNSS); and wherein the information regarding the communication resource includes information regarding time intervals between the first synchronization signal and the communication resource (¶0109, “resources allocated for the supporting synchronization signal occur periodically with period Tsupp, sync controller 912 may broadcast the supporting synchronization signal in stage 1008 by broadcasting the supporting synchronization signal every Tsupp frames (in the correct frame)”; ¶0135, “when a wireless device detects the slot-specific synchronization signal in a received signal, it can identify the frame timing based on the starting point of the slot-specific synchronization signal in the received signal”; ¶0148, “timing controller 1518 may use GPS time (or another time reference provided by GNSS signals) to align the local reference time, where timing controller 1518 may use periodically received GPS signals to re-align the local reference time with the GPS time (which may accurately track the universal reference time). Timing controller 1518 may then use the internal device clock as the local reference time between GPS signal receptions”; ¶0149, “timing controller 1518 may select the estimated start time of the slot-specific synchronization signal by identifying, based on the local reference time, the start time of a frame in which the slot-specific synchronization signal is scheduled to be broadcasted in”;
¶0171; ¶0203, “transmit a first type of synchronization signal (e.g., a satellite master synchronization signal, generated from a first signal sequence), satellite relays may transmit a second type of synchronization signal (e.g., a satellite relay synchronization signal, generated from a second signal sequence)”; ¶0228; ¶0229; ¶0235, “satellite-based synchronization source 3202 may broadcast satellite-based synchronization signals (e.g., GNSS signals) synchronized with a universal reference time (e.g., GPS time or UTC time extracted from constellation timing information, where each constellation has its own time base)”; ¶0299). 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 system of Damnjanovic to include the information being determined on a basis of transmission information transmitted from another first wireless communication device of another bidirectional second communication system different from a first communication system of the wireless communication device, as taught by Ellenbeck because it would enhance network management by quickly checking the channel usage, availability, or interference levels in the neighboring system, thereby adjusting its own transmission timing to prevent data packet loss (Ellenbeck; ¶0238; ¶0337; ¶0361; ¶0363).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
MA et al. (US 2021/0258897 A1), Chen et al. (US 2019/0098666 A1), CHEONG et al. (US 2020/0296793 A1), ZHANG et al. (US 2016/0330641 A1), MOON et al. (US 2018/0176890 A1) disclose method and system for transmitting/receiving signal in wireless communication system supporting unlicensed band.
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/JUNGWON CHANG/Primary Examiner, Art Unit 2454 June 17, 2026
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