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 .
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Abedini et al. (US 2021/0185723, Abedini hereafter).
RE claims 1 and 6, Abedini discloses a wireless relay device and method comprising a reception unit configured to receive a signal that is associated with an index and that includes a synchronization signal and broadcast information from a base station or a first wireless relay device (Paragraphs 95-100, Figures 5A and 5B); and a transmission unit (Figures 5A and 5B) configured to transmit the signal that is associated with the index to a second wireless relay device or a terminal, wherein the reception unit receives first information for transmitting the signal that is associated with the index from the base station or the first wireless relay device, and the transmission unit transmits the signal that is associated with the index and the first information to the second wireless relay device or the terminal based on the first information (Paragraphs 95-102 and 105-108).
RE claim 4, Abedini discloses wireless relay device as claimed in claim 1 as set forth above. Note that Abedini further discloses wherein the reception unit receives a physical random access channel from the terminal or the second wireless relay device based on information included in the signal that is associated with the index, and the transmission unit transmits the physical random access channel to the first wireless relay device or the base station (Paragraphs 95-102 and 105-108).
RE claim 5, Abedini discloses wireless relay device as claimed in claim 4 as set forth above. Note that Abedini further discloses wherein the transmission unit transmits the physical random access channel to the first wireless relay device or the base station at a transmission timing that is determined based on a timing of reception of the physical random access channel by the reception unit (Paragraphs 95-102 and 105-108).
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Abedini in view of Frenger et al. (WO 2010/059083, Frenger hereafter).
RE claim 2, Abedini discloses wireless relay device as claimed in claim 1 as set forth above. Abedini does not explicitly disclose wherein the reception unit receives second information for measuring the signal that is associated with the index from the base station or the first wireless relay device, and the wireless relay device further comprises: a control unit configured to measure the signal that is associated with the index based on the second information.
However, Frenger teaches wherein the reception unit receives second information for measuring the signal that is associated with the index from the base station or the first wireless relay device, and the wireless relay device further comprises: a control unit configured to measure the signal that is associated with the index based on the second information ( Page 15 line 30 through page 16, relays are configured to periodically perform inter-repeater measurements whereby a repeater is selected to broadcast a signal for others to receive and measure.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the relay device of Abedini with the teachings of Frenger in order to provide for determining changes to the radio link without disrupting data forwarding.
RE claim 3, Abedini in view of Frenger discloses wireless relay device as claimed in claim 1 as set forth above. Note that Abedini further discloses wherein the transmission unit transmits the second information to the second wireless relay device or the terminal (Paragraphs 95-102 and 105-108).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James P Duffy whose telephone number is (571)270-7516. The examiner can normally be reached Tuesday-Friday, 9am-6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy D Vu can be reached at 571-272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James P Duffy/Primary Examiner, Art Unit 2461
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