CTNF 18/729,034 CTNF 88825 DETAILED ACTION 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. 12-151 AIA 26-51 12-51 Status of Claims Claims 1-21 filed on July 15, 2024 are pending, claims 1-7 and 9-16 are amended, claims 17-21 are new and claim 8 is canceled. Information Disclosure Statement The information disclosure statement (IDS) submitted on July 15, 2024 and November 21, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner and an initialed and dated copy of the Applicant’s IDS form 1449 is attached to the instant Office Action. Claim Rejections - 35 USC § 112 07-36 AIA The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. 07-36-01 AIA Claim s 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. If a claim depends on a later-numbered claim (e.g., claim 18 depending on claim 19), it violates the “ A multiple dependent claim shall not serve as a basis for any other multiple dependent claim” rule. This is because the later claim is not a “previously set forth” claim in the sequence of numbering, and the rule prevents circular or backward dependencies in multiple dependent form see MPEP 608.01(n) For example, B. Unacceptable Multiple Dependent Claim Wording : 2. Claim Does Not Refer to a Preceding Claim . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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 1, 4-5, 9-10, 13-14 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US 2020/0092712 A1, hereinafter "Zhao") in view of Fujishiro et al. (US 2016/0262174 A1, hereinafter "Fujishiro") . Regarding claim 1, Zhao discloses a method of a radio base station of transmitting data to a wireless communication device comprising: identifying that the wireless communication device is a fixed wireless access, FWA, device (Zhao, [0019] the FWA device can provide a device type indication (e.g., identifying the user device as a FWA device) to the base station) ; determining transmission parameters for the data to be transmitted to the wireless communication device based on acquired channel information (Zhao, [0020] the base station can utilize the device type indication provided by the FWA device to set an uplink/down link split ratio) ; transmitting the data to the wireless communication device by applying the acquired transmission parameters (Zhao, [0020] the base station can set the uplink/downlink split ratio for the FWA device to a value conducive to the FWA device) ; but does not explicitly disclose the acquire information is CSI and transmitting further data to the wireless communication device during subsequent communication sessions by reapplying the determined transmission parameters. Fujishiro from the same field of endeavor discloses determining transmission parameters for the data to be transmitted to the wireless communication device based on acquired channel state information, CSI, for a channel to be established with the wireless communication device (Fujishiro, [0100] the eNB 200 stores a fixed UE table in which an identifier indicating the UE 100 that is the fixed UE 100 and the channel state information from the UE 100 are associated. The eNB 200 updates the fixed UE table on the basis of channel state information (BC-PMI) received from the fixed UE 100) and transmitting further data to the wireless communication device during subsequent communication sessions by reapplying the determined transmission parameters (Fujishiro, [0126] the eNB 200-1 transmits, to the UE 100-1, the BC-PMI reporting configuration for … the BC-PMI reporting configuration for configuring a longer transmission cycle than the normal transmission cycle to the UE 100-1) . It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified network configuration disclosed by Zhao and fixed user terminal disclosed by Fujishiro with a motivation to make this modification in order to throughput of the UE that is located at the cell end (Fujishiro, [0106]). Regarding claim 4, Zhao does not explicitly disclose wherein the acquiring of the new CSI for the channel to be established with the wireless communication device only is performed if network load is below a network load threshold. Fujishiro from the same field of endeavor discloses wherein the acquiring of the new CSI for the channel to be established with the wireless communication device only is performed if network load is below a network load threshold (Fujishiro, [0170] the difference between a value obtained by channel state information that is newly received from the fixed UE 100 (for example, a CQI value) and a value obtained by channel state information that is previously received from the fixed UE 100 is less than the threshold value, the eNB 200 may change (determine) the transmission frequency of the channel state information of the fixed UE 100 to much lower transmission frequency) . It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified network configuration disclosed by Zhao and fixed user terminal disclosed by Fujishiro with a motivation to make this modification in order to throughput of the UE that is located at the cell end (Fujishiro, [0106]). Regarding claim 5, Zhao discloses wherein the identifying that the wireless communication device is an FWA device comprises one of: checking a device subscription indicating FWA status (Zhao, Fig. 1B New Capability Information Field) , determining User Equipment, UE, class of the wireless communication device, determining that the wireless communication device is equipped with directive antenna(s), identifying FWA status from an International Mobile Equipment Identity, IMEI associated with the wireless communication device, acquiring a plurality of CSI sets for the wireless communication device indicating FWA status (not given patentable weight due to design option). Regarding claims 9-10, 13-14 and 19-20, these claims recite "a computer program product comprising a non-transitory computer readable medium" and "a radio base station" that disclose similar steps as recited by the method of claims 1 and 4-5, thus are rejected with the same rationale applied against claims 1 and 4-5 as presented above . 07-22-aia AIA Claim s 2-3, 11-12 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US 2020/0092712 A1, hereinafter "Zhao") in view of Fujishiro et al. (US 2016/0262174 A1, hereinafter "Fujishiro") as applied to claim above, and further in view of Li et al. (US 10,728,803 B2, hereinafter "Li") . Regarding claim 2, Zhao does not explicitly disclose acquiring, after a time period has elapsed, new CSI for the channel to be established with the wireless communication device; determining if a difference between the acquired new CSI and the CSI on which currently applied transmission parameters is based exceeds a CSI accuracy threshold; and if so the determining of transmission parameters for the data to be transmitted to the wireless communication device comprises: determining new transmission parameters for further data to be transmitted to the wireless communication device based on the acquired new CSI and applying the determined new transmission parameters when transmitting the further data. Li from the same field of endeavor discloses acquiring, after a time period has elapsed, new CSI for the channel to be established with the wireless communication device (Li, Col. 1 line 58-62 Periodic CSI feedback may refer to a CSI report that is transmitted periodically with a specified time interval between transmissions) ; determining if a difference between the acquired new CSI and the CSI on which currently applied transmission parameters is based exceeds a CSI accuracy threshold (Li, Col. 4 line 6-10 The UE makes this determination by using a predetermined threshold that indicates whether a bandwidth range maintains sufficient CSI accuracy. Subsequently, the UE monitors and measures the determined bandwidth range for CSI evaluation and then generates the corresponding periodic CSI feedback) ; and if so the determining of transmission parameters for the data to be transmitted to the wireless communication device comprises: determining new transmission parameters for further data to be transmitted to the wireless communication device based on the acquired new CSI and applying the determined new transmission parameters when transmitting the further data (Li, Col. 10 line 25-30 the UE 110 may determine a number of RBs to monitor and measure above the largest RB scheduled (K up ). The UE 110 may also determine a number of RBs to monitor and measure below the smallest RB scheduled (K low ). Additionally, the UE 110 may determine a particular subframe(s) (M), within a corresponding subband, to set with indices that indicate a time and frequency that corresponds to the additional RBs that are to be monitored and measured) . It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Li’s system for CSI accuracy into Zhao’s fixed UE as modified by Fujishiro with a motivation to make this modification in order to improve future power and performance at the cost of increasing power for the current CSI evaluation (Li, Col. 2 line 12-13). Regarding claim 3, Zhao in view of Fujishiro does not explicitly disclose wherein the time period is set based on historical performance of the wireless communication device or to which category of device the wireless communication device belongs, or to set the time period such that it is extended each time the determined difference between the acquired new CSI and the CSI on which currently applied transmission parameters is based does not exceed a CSI accuracy threshold. Li from the same field of endeavor discloses wherein the time period is set based on historical performance of the wireless communication device or to which category of device the wireless communication device belongs, or to set the time period such that it is extended each time the determined difference between the acquired new CSI and the CSI on which currently applied transmission parameters is based does not exceed a CSI accuracy threshold (Li, Col. 13 line 62-67 the UE 110 to perform adaptive periodic CSI feedback. The method 500 relates to how the UE 110 determines a number of RBs, less than the entire band, to monitor and measure while maintaining sufficient CSI measurement accuracy) . It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Li’s system for CSI accuracy into Zhao’s fixed UE as modified by Fujishiro with a motivation to make this modification in order to improve future power and performance at the cost of increasing power for the current CSI evaluation (Li, Col. 2 line 12-13). Regarding claims 11-12 and 17-18, these claims recite "a computer program product comprising a non-transitory computer readable medium" and "a radio base station" that disclose similar steps as recited by the method of claims 2-3, thus are rejected with the same rationale applied against claims 2-3 as presented above . 07-22-aia AIA Claim s 6-7, 15-16 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhao et al. (US 2020/0092712 A1, hereinafter "Zhao") in view of Fujishiro et al. (US 2016/0262174 A1, hereinafter "Fujishiro") as applied to claim above, and further in view of Takano (US 2015/0009845 A1, hereinafter "Takano") . Regarding claim 6, Zhao does not explicitly disclose wherein in case at least one further FWA device is located in vicinity of the wireless communication device, a first set of transmission parameters is determined and applied for the data communicated to the wireless communication device if no data simultaneously is to be transmitted to the further FWA device while a second set of transmission parameters is determined and applied for the data communicated to the wireless communication device if data simultaneously is to be transmitted to the further FWA device. Fujishiro from the same field of endeavor discloses wherein in case at least one further FWA device is located in vicinity of the wireless communication device, a first set of transmission parameters is determined and applied for the data communicated to the wireless communication device if no data simultaneously is to be transmitted to the further FWA device (Fujishiro, [0107] in the CB-CoMP, the eNB 200-2, which acts as the main interference source, adjusts the transmission directionality so as to reduce the influence of the interference exerted on the UE 100-1) while a second set of transmission parameters is determined and applied for the data communicated to the wireless communication device if data simultaneously is to be transmitted to the further FWA device (Fujishiro, [0111] the feedback information to the eNB 200-2 includes a plurality of combinations of the BC-PMI and the RI in which the influence of the interference exerted on the UE 100-1 by the eNB 200-2 is small) . It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified network configuration disclosed by Zhao and fixed user terminal disclosed by Fujishiro with a motivation to make this modification in order to throughput of the UE that is located at the cell end (Fujishiro, [0106]). Zhao in view of Fujishiro does not explicitly disclose a third set of transmission parameters is determined and applied for the data communicated to said further FWA device if no data simultaneously is to be transmitted to the wireless communication device, while a fourth set of transmission parameters is determined and applied for the data communicated to the further FWA device if data simultaneously is to be transmitted to the wireless communication device. Takano from the same field of endeavor discloses a third set of transmission parameters is determined and applied for the data communicated to said further FWA device if no data simultaneously is to be transmitted to the wireless communication device (Takano, [0144-0145] an eNodeB reserves in advance a symbol in a resource block in a subframe in a frame to receive the reference signal, between the eNodeB and a UE. The reservation is made by dedicated Signaling) , while a fourth set of transmission parameters is determined and applied for the data communicated to the further FWA device if data simultaneously is to be transmitted to the wireless communication device (Takano, [0146] the terminal UE1 inserts the uplink reference signal in one OFDM symbol in a subframe for the reference signal (the seventh OFDM symbol from the start of the first resource block in the subframe) and transmits user data in a subsequent resource block separated by a time interval of several tens milliseconds. A plurality of eNodeBs that has received the reference signal of UE1 transmits their measurement results to the Serving eNodeB) . It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have to include the teachings of Takano’s system for multiplexed by the plurality of UEs into Zhao’s fixed UE as modified by Fujishiro with a motivation to make this modification in order to synthesize the user data to increase gain, and decodes the user data (Takano, [0167]). Regarding claim 7, Zhao does not explicitly disclose the second set of transmission parameters being configured such that the data transmitted to the wireless communication device does not cause interference at the further FWA device, and the fourth set of transmission parameters being configured such that the data transmitted to the further FWA device does not cause interference at the wireless communication device. Fujishiro from the same field of endeavor discloses the second set of transmission parameters being configured such that the data transmitted to the wireless communication device does not cause interference at the further FWA device, and the fourth set of transmission parameters being configured such that the data transmitted to the further FWA device does not cause interference at the wireless communication device (Fujishiro, [0107] in the CB-CoMP, the eNB 200-2, which acts as the main interference source, adjusts the transmission directionality so as to reduce the influence of the interference exerted on the UE 100-1) . It would have been obvious for one with ordinary skill in the art before the effective filing date of the claimed invention to have modified network configuration disclosed by Zhao and fixed user terminal disclosed by Fujishiro with a motivation to make this modification in order to throughput of the UE that is located at the cell end (Fujishiro, [0106]). Regarding claims 15-16 and 21, these claims recite "a computer program product comprising a non-transitory computer readable medium" and "a radio base station" that disclose similar steps as recited by the method of claims 6-7, thus are rejected with the same rationale applied against claims 6-7 as presented above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUNA WEISSBERGER whose telephone number is (571)272-3315. The examiner can normally be reached Monday-Friday 8:00am-5:30pm. 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, Jeffrey Rutkowski can be reached at (571)270-1215. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LUNA WEISSBERGER/Examiner, Art Unit 2415 Application/Control Number: 18/729,034 Page 2 Art Unit: 2415 Application/Control Number: 18/729,034 Page 3 Art Unit: 2415 Application/Control Number: 18/729,034 Page 4 Art Unit: 2415 Application/Control Number: 18/729,034 Page 5 Art Unit: 2415 Application/Control Number: 18/729,034 Page 6 Art Unit: 2415 Application/Control Number: 18/729,034 Page 7 Art Unit: 2415 Application/Control Number: 18/729,034 Page 8 Art Unit: 2415 Application/Control Number: 18/729,034 Page 9 Art Unit: 2415 Application/Control Number: 18/729,034 Page 10 Art Unit: 2415 Application/Control Number: 18/729,034 Page 11 Art Unit: 2415 Application/Control Number: 18/729,034 Page 12 Art Unit: 2415 Application/Control Number: 18/729,034 Page 13 Art Unit: 2415
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