CTNF 18/719,912 CTNF 100930 DETAILED ACTION This communication is responsive to Application #18/719,912 filed 6/14/2024. Claims 1-10 are subject to examination. Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 § 112 07-30-02 AIA 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. 07-34-01 Claim 6 is 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. Regarding Claim 6, the claim recites the limitations “ the obtaining means ” and “ the evaluation means ”. There is insufficient antecedent basis for these limitations in the claim. Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., an abstract idea) without significantly more. Regarding Claims 1, 9, and 10, the claims are directed to a statutory category of subject matter. The claim falls within at least one of the four categories of patent-eligible subject matter because the claims are directed to either a process, machine, manufacture, or composition of matter. Next, the claims are analyzed to determine whether they are directed to a judicial exception. The claims recite “ obtaining a total received power ..., a received power of a reference signal ..., and a status of radio resource usage ” and “ evaluating radio wave interference with the target wireless communication system from outside the target wireless communication system ...”. These claims only address obtaining and evaluating wireless system information, but not the act of applying the result of the evaluation to change system behavior in any meaningful way. This idea is similar to the concepts that have been identified as abstract by the courts, such as organizing and manipulating information through mathematical correlations in Digitech Image Techs., LLC v Electronics for Imaging, Inc., 758 F.3d 1344, (Fed. Cir. 2014). Therefore, the claims are directed to an abstract idea. The claims do not include additional elements beyond the abstract idea of obtaining and evaluating wireless system information. Therefore, the claims do not amount to more than the abstract idea itself. Claim 1, 9, and 10 are not patent eligible. Regarding Claims 2-5 and 7, claims 2-5 and 7 do not include additional elements beyond the abstract idea of obtaining and evaluating wireless system information. Therefore, the claims do not amount to more than the abstract idea itself. Claims 2-5 and7 are not patent eligible. Regarding Claims 6 and 8, the claims are also rejected since they are dependent upon rejected claim 1, as set forth above. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (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. 07-15-03-aia AIA Claim s 1-3 and 9-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sun et al. (US 2018/0343699 A1, hereinafter “ Sun ”, included in IDS dated 6/14/2024) . Regarding Claim 1, Sun teaches a radio wave interference evaluation apparatus comprising at least one processor ( Sun: The methods according to the embodiments described herein for the first transmission point 12 are respectively implemented by means of e.g. a computer program 506 ... which, when executed on at least one processor, cause the at least one processor to carry out the actions described herein, see paragraph [0113] ), the at least one processor carrying out: an obtaining process of obtaining a total received power in a predetermined frequency band measured at a point in a communication area of a target wireless communication system, a received power of a reference signal of the target wireless communication system measured at the point, and a status of radio resource usage of the target wireless communication system ( Sun: RSRP and RSRQ are measured on the wireless device side and reported in a measurement report back to the radio network node ... RSRQ=(N*RSRP)/RSSI where N is a number of resource blocks over the entire bandwidth and Received Strength Signal Indicator (RSSI) is a received power of all symbols measured over the same bandwidth ... RSSI is the total received power of the carrier. RSSI includes the power from co-channel serving & non-serving cells, adjacent channel interference, thermal noise, etc., see paragraphs [0007]-[0008]; The first transmission point 12 may determine that the first CRS configuration of the first transmission point 12 is using radio resources for the first CRS that are colliding or not with radio resources used for the second CRS of the second CRS configuration of the second transmission point 13, see paragraph [0093] ); and an evaluation process of evaluating radio wave interference with the target wireless communication system from outside the target wireless communication system, with reference to the total received power, the received power of the reference signal, and the status of radio resource usage ( Sun: to obtain PDSCH external interference from outside cluster, the signal received power on data channel and the total received power on CRS shall be removed. This is done by subtracting the total received signal power on data channel, which is a function of RSRP of the interfering cell, the fraction of the resource elements used for the data channel, the frequency resource utilization and the total received power on CRS including both signal and interference power, see paragraph [0082] ). Regarding Claim 2, Sun teaches the radio wave interference evaluation apparatus according to claim 1, wherein, for each base station constituting the target wireless communication system, in the obtaining process, the at least one processor obtains a received power of a reference signal sent from the base station measured at the point and a status of radio resource usage of the base station ( Sun: RSRP and RSRQ are measured on the wireless device side ... RSRP may be defined as the received power of Cell specific Reference signals (CRS) of the serving cell, see paragraphs [0007]-[0008]; The wireless communication network 1 comprises a first transmission point 12 ... providing radio coverage over a geographical area, a first cell 11 or a serving cell, see paragraph [0025]; The wireless device 10 transmits a measurement report indicating a channel quality gain of a connection to the wireless device 10 from the first transmission point, e.g. a RSRP value, see paragraph [0091]; The first transmission point 12 may determine that the first CRS configuration of the first transmission point 12 is using radio resources for the first CRS that are colliding or not with radio resources used for the second CRS of the second CRS configuration of the second transmission point 13, see paragraph [0093] ). Regarding Claim 3, Sun teaches the radio wave interference evaluation apparatus according to claim 1, wherein, to evaluate the radio wave interference, in the evaluation process, the at least one processor calculates an estimated total received power from the target wireless communication system at the point in the predetermined frequency band with reference to the received power of the reference signal and the status of radio resource usage, and compares the estimated total received power and the total received power obtained in the obtaining process ( Sun: Since RSSI s = RSRP s / RSRQ represents the total received power of a PRB for serving cell s , to obtain PDSCH external interference from outside cluster, the signal received power on data channel and the total received power on CRS shall be removed. This is done by subtracting the total received signal power on data channel, which is a function of RSRP of the interfering cell, the fraction of the resource elements used for the data channel, the frequency resource utilization and the total received power on CRS including both signal and interference power, see paragraph [0082] ). *Examiner’s Note: “RSSI s ” is interpreted as the “estimated total received power from the target wireless communication system” and “the total received signal power on data channel” is interpreted as “total received power obtained in the obtaining process”. Regarding Claims 9 and 10, Sun teaches a computer and a non-transitory storage medium ( Sun: The methods according to the embodiments described herein for the first transmission point 12 are respectively implemented by means of e.g. a computer program 506 or a computer program product, comprising instructions, i.e., software code portions, which, when executed on at least one processor, cause the at least one processor to carry out the actions described herein, as performed by the first transmission point 12. The computer program 506 may be stored on a computer-readable storage medium 507, e.g. a disc or similar. The computer-readable storage medium 507, having stored thereon the computer program, may comprise the instructions which, when executed on at least one processor, cause the at least one processor to carry out the actions described herein, as performed by the first transmission point 12. In some embodiments, the computer-readable storage medium may be a non-transitory computer-readable storage medium, see paragraph [0113] ). Regarding all other limitations of claims 9 and 10, the limitations are substantially the same as the limitations of claim 1, and are therefore rejected for the same reasons . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 4 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Jalali (US 2018/0287691 A1) . Regarding Claim 4, Sun teaches the radio wave interference evaluation apparatus according to claim 3, wherein, to evaluate the radio wave interference, in the evaluation process, the at least one processor compares the total received power and the estimated total received power ( Sun: Since RSSI s = RSRP s / RSRQ represents the total received power of a PRB for serving cell s , to obtain PDSCH external interference from outside cluster, the signal received power on data channel and the total received power on CRS shall be removed, see paragraph [0082] ). *Examiner’s Note: “RSSI s ” is interpreted as the “estimated total received power” and “the signal received power on data channel” is interpreted as the “total received power”. Sun does not explicitly teach the total received power being obtained by subtraction of background noise in the predetermined frequency band. However, in the same field of endeavor, Jalali teaches the total received power being obtained by subtraction of background noise in the predetermined frequency band ( Jalali: the aerial platform radio sub-systems estimate the exogenous interference power on a given frequency channel [by] ... measuring the total received signal power during the interference measurement time slots in each angular beam position; subtracting the thermal noise power from the total received power, see paragraph [0024] ). 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 invention of Sun to include the features as taught by Jalali above in order to estimate exogenous interference power ( Jalali: see paragraph [0024] ). Regarding Claim 8, Sun teaches the radio wave interference evaluation apparatus according to claim 1, but does not explicitly teach, the at least one processor further carries out a control process of controlling or notifying at least one wireless communication system that is other than the target wireless communication system or a management apparatus that manages the at least one wireless communication system, based on a result of the evaluation of the radio wave interference obtained in the evaluation process. However, in the same field of endeavor, Jalali teaches the at least one processor further carries out a control process of controlling or notifying at least one wireless communication system that is other than the target wireless communication system or a management apparatus that manages the at least one wireless communication system, based on a result of the evaluation of the radio wave interference obtained in the evaluation process ( Jalali: the aerial platform radio sub-systems estimate the exogenous interference power on a given frequency channel further comprising: ... sending the estimated exogenous interference power, and orientation of the aerial platform beam direction over which interference power is estimated to the network control entity, see paragraphs [0024] ). 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 invention of Sun to include the features as taught by Jalali above in order to estimate received SINR ( Jalali: see paragraph [0024] ) . 07-21-aia AIA Claim s 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Shen et al. (US 2015/0072697 A1, hereinafter “ Shen ”) . Regarding Claim 5, Sun teaches the radio wave interference evaluation apparatus according to claim 1, but does not explicitly teach wherein in the obtaining process, the at least one processor obtains the total received power and the received power of the reference signal at each of multiple points, and in the evaluation process, the at least one processor evaluates the radio wave interference at each of the points. However, in the same field of endeavor, Shen teaches in the obtaining process, the at least one processor obtains the total received power and the received power of the reference signal at each of multiple points ( Shen: the methods and apparatus process UE measurement reports to perform channel selection ... The UEs sample multiple locations inside the serving NSC's service area, see paragraph [0032]; the UE reports can provide measurements of received signal strength (RSSI), reference signal received power (RSRP), and/or reference signal received quality (RSRQ) on multiple channels and at different locations, see paragraph [0034] ), and in the evaluation process, the at least one processor evaluates the radio wave interference at each of the points ( Shen: Statistics are developed from the UE reports and a neighbor relation table (NRT). The access point stores the UE reports, the NRT, and the statistics, see paragraph [0033]; the UE reports can provide measurements ... at different locations to provide a more complete picture of the non-NSC interference distributions within the serving NSC coverage area, see paragraph [0034] ). 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 invention of Sun to include the features as taught by Shen above in order to provide a more complete picture of the interference distribution ( Shen: see paragraph [0034] ). Regarding Claim 7, Sun-Shen teaches the radio wave interference evaluation apparatus according to claim 5, wherein in the evaluation process, the at least one processor evaluates the radio wave interference, with reference to the total received power and the received power of the reference signal measured in a single time slot ( Sun: Since RSSI s = RSRP s / RSRQ represents the total received power of a PRB for serving cell s , to obtain PDSCH external interference from outside cluster, the signal received power on data channel and the total received power on CRS shall be removed, see paragraph [0082] ). * Examiner’s Note: a PRB is defined as 12 consecutive subcarriers for 1 slot. Shen further teaches evaluating the radio wave interference at each of the points, with reference to the total received power and the received power of the reference signal measured at each of the points ( Shen: the UE reports can provide measurements of received signal strength (RSSI), reference signal received power (RSRP), and/or reference signal received quality (RSRQ) on multiple channels and at different locations to provide a more complete picture of the non-NSC interference distributions within the serving NSC coverage area, see paragraph [0034] ). The rationale and motivation for adding the teaching of Shen is the same as the rationale and motivation for Claim 5 . 07-21-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sun-Shen in view of Haustein et al. (US 2023/0189315 A1, hereinafter “ Haustein ”) . Regarding Claim 6, Sun-Shen teaches the radio wave interference evaluation apparatus according to claim 5. Shen further teaches the obtaining means further obtains location information of the points ( Shen: the NRT is built over time using, for example, a network listen function and/or data from UE reports (e.g., automatic neighbor relation data, RSSI measurements from different locations, etc.) ... the UE reports can provide measurements ... at different locations to provide a more complete picture of the non-NSC interference distributions within the serving NSC coverage area, see paragraphs [0033]-[0034] ). 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 invention of Sun to include the features as taught by Shen above in order to provide a more complete picture of the interference distribution ( Shen: see paragraph [0034] ). Sun-Shen does not explicitly teach the evaluation means infers a location of an interference source of the radio wave interference based on a result of the evaluation of the radio wave interference at each of the points and the location information of the points. However, in the same field of endeavor, Haustein teaches the evaluation means infers a location of an interference source of the radio wave interference based on a result of the evaluation of the radio wave interference at each of the points and the location information of the points ( Haustein: the device is configured for logging measurements for the measurement report together with a header, identifier, marker or stamp containing one or more of: ... a location such as GPS/GNSS coordinates, see paragraphs [0869]-[0875]; the reporting device is adapted to evaluate the measurement results and for generating the measurement report to comprise an evaluation result ... The evaluation may incorporate, for example, a location of a source of the interference ... For example, the reporting device could estimate interference power, based on the earlier described combined measurements, together with the estimation of AoA of interference source, by using different AoA estimation techniques, see paragraph [1163] ). 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 invention of Sun-Shen to include the features as taught by Haustein above in order to better mitigate interference ( Haustein: see paragraph [0047] ) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jalali (US 2019/0173568 A1) teaches a method for estimating exogenous interference on a given frequency channel with reference to the total received power and the ambient noise floor ( see paragraphs [0101]-[0103]). Jin et al. (US 2016/0127273 A1) teaches a method for external interference calculation involving measuring both RSSI and RSRP and calculating interference as the difference between the two. Kang et al. (US 2014/0355469 A1) teaches a method for measuring interference by measuring a channel with a serving cell using a CRS and subtracting the transmission power of the serving cell from the total reception power of the UE ( see paragraph [0096]). Yang et al. (US 2006/0063545 A1) teaches to calculate the total received power by subtracting the noise floor from the RSSI ( see paragraph [0026]) . Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILLIP J EGAN KEARNS whose telephone number is 571-272-4869. The examiner can normally be reached M-Th 10-6 MST. 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, NOEL BEHARRY can be reached at 571-270-5630. 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. /P.K./Examiner, Art Unit 2416 /SHARMIN CHOWDHURY/Primary Examiner, Art Unit 2416 Application/Control Number: 18/719,912 Page 2 Art Unit: 2416 Application/Control Number: 18/719,912 Page 3 Art Unit: 2416 Application/Control Number: 18/719,912 Page 4 Art Unit: 2416 Application/Control Number: 18/719,912 Page 5 Art Unit: 2416 Application/Control Number: 18/719,912 Page 6 Art Unit: 2416 Application/Control Number: 18/719,912 Page 7 Art Unit: 2416 Application/Control Number: 18/719,912 Page 8 Art Unit: 2416 Application/Control Number: 18/719,912 Page 9 Art Unit: 2416 Application/Control Number: 18/719,912 Page 10 Art Unit: 2416 Application/Control Number: 18/719,912 Page 11 Art Unit: 2416 Application/Control Number: 18/719,912 Page 12 Art Unit: 2416
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