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 OFFICE ACTION
This action is responsive to the communication received July 9th, 2024. Claims 1-8 have been entered and are presented for examination.
Application 18,727,427 is a 371 of PCT/JP2022/001158 01/14/2022.
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.
The factual inquiries 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.
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.
Claim(s) 1-8 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Toft et al. (US 2023/0199835) in view of Tsukamoto et al. (JP 2018-078447)[provided by Applicant].
Regarding claims 1, 6-8, Toft et al. discloses a wireless communication system (see Figure 1) including a first communication device (see Figure 1, UE), one or more second communication devices disposed around the first communication device (see Figure 1, second UE), and a relay device that moves (see Figure 1, Satellite 103).
Toft et al. does not explicitly disclose the second communication device comprising: a second receptor configured to attempt to receive a radio wave in a predetermined band and measures reception strength; and a second transmitter configured to transmit, to the first communication device, reception result information indicating a peripheral radio wave condition based on the reception strength measured by the second reception unit; and the first communication device comprising: a first receptor configured to attempt to receive a radio wave in the predetermined band and measures reception strength; a determiner configured to determine a band to be used for transmission of data to the relay device on a basis of a peripheral radio wave condition based on the reception strength measured by the first receptor and the peripheral radio wave condition based on the reception result information transmitted from the second transmitter.
However, Tsukamoto et al. discloses the second communication device comprising: a second receptor configured to attempt to receive a radio wave in a predetermined band and measures reception strength (paragraph 0031-0033 [wireless communication device comprising a channel usage state observation unit for channel sensing; sensing result of the device and other wireless devices are output]); and a second transmitter configured to transmit, to the first communication device, reception result information indicating a peripheral radio wave condition based on the reception strength measured by the second reception unit (paragraph 0031-0033 [wireless communication device comprising a channel usage state observation unit for channel sensing; sensing result of the device and other wireless devices are output]); and the first communication device comprising: a first receptor configured to attempt to receive a radio wave in the predetermined band and measures reception strength (paragraph 0031-0033, 0067-0068 [wireless communication device comprising a channel usage state observation unit for channel sensing; sensing result of the device and other wireless devices are output]); a determiner configured to determine a band to be used for transmission of data to the relay device on a basis of a peripheral radio wave condition based on the reception strength measured by the first receptor and the peripheral radio wave condition based on the reception result information transmitted from the second transmitter (paragraph 0046 [determine which frequency band to use at the nest transmission timing]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize sharing results of carrier sensing in order to determine which channels are not busy.
The references as combined do not explicitly disclose a first transmission unit that transmits the data to the relay device using the band determined by the determination unit.
However, the references as combined make obvious a first transmission unit that transmits the data to the relay device using the band determined by the determination unit.
Toft et al. discloses multiple UEs communicating via satellite repeater (see Figure 1).
Tsukamoto et al. discloses using multiple wireless devices to determine a frequency band to transmit (paragraphs 0031-0033, 0046, 0067-0068).
It would be obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the UEs of Toft et al. could determine which frequencies are in use in order to determine which frequency to transmit with.
Regarding claim 2, the references as combined disclose all the recited subject matter in claim 1.
However, Tsukamoto et al. further discloses wherein the first transmitter is configured to transmit request information for causing the second receptor is configured to receive the radio wave in the predetermined band, and the second reception unit receives the radio wave in the predetermined band in a case of receiving the request information (paragraphs 0066-0068 [request neighboring stations to perform sensing]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the invention of Toft et al. could be modified to enable the UEs to request carrier sensing in order to determine which bands are in use.
Regarding claim 3, the references as combined above disclose all the recited subject matter in claim 2.
However, Tsukamoto et al. further suggests wherein the first transmitter is configured to transmit the request information at timing when the first receptor and the second receptor are able to communicate with the relay device (paragraph 0077 [CSMA; transmission is performed after it is confirmed that there is no other transmission signal]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to recognize the request would only be sent when it is clear to send. The motivation for this is to avoid collisions.
Regarding claim 4, the references as combined above disclose all the recited subject matter in claim 1.
However, Toft et al. further discloses wherein the relay device is provided in a low earth orbit satellite (see Figure 1 [Satellite 103]), and the first communication device and the second communication device are installed on earth (see Figure 1 [UEs are on the Earth]).
Regarding claim 5, the references as combined above disclose all the recited subject matter in claim 1.
However, Toft et al. further discloses a third communication device (see Figure 1 and paragraph 0034 [relay 102 can be a user device]), wherein the relay device includes a relay device transmission unit that transmits the data acquired from the first communication device to the third communication device at timing when communication with the third communication device is possible (see Figure 1 [UE 101 can transmit to UE 101’ via the satellite relay and the UE relay 102]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER T WYLLIE whose telephone number is (571)270-3937. The examiner can normally be reached 4pm-11:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman Abaza can be reached at (571)270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER T WYLLIE/Examiner, Art Unit 2465
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