DETAILED ACTION
Claim(s) 1-20 are presented for examination.
Claim(s) 1-7, 11, 12, 14, 15 and 17-20 are amended.
Claim(s) 21-25 are canceled.
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 .
Priority
As required by M.P.E.P.201.14(c), acknowledgement is made to applicant’s claim for priority based on application(s) PCT/JP2022/003954 submitted on February 2nd, 2022.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on July 15th, 2024 follow the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Applicant’s amendment to the specification of the disclosure filed July 15th, 2024 is considered.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed (i.e., “PERFORMING INTERFERENCE MEASUREMENTS BASED ON RECEPTION QUALITY”).
The abstract of the disclosure is objected to because it contains a legal phraseology “means …” in lines 3 and 4. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. Correction is required. See MPEP § 608.01(b).
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 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: “means for receiving …” in claims 1, 9 and 17.
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 fig. 1, pg. 7, ¶20 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 Objections
Claim(s) 1-8 are objected to because of the following informalities:
Claim 1 recites a machine claim, “An interference information outputting device …”, and the list of devices (i.e., one or more memories … and one or more processors) in the preamble. The body of the claim recites the action steps: “receive ..., estimate …, output …” performed by the interference information outputting device.
For clarity and placing the claim into a proper machine claim, it is suggested to replace “An interference information outputting device” with “An interference information outputting device comprising:” so that the aforementioned list of devices, are comprised by the interference information outputting device, which are performing these actions/steps (see MPEP 2106.03, section I1 ; MPEP 2173.05(p), section II2).
Claim(s) 2-8 are also being objected for being dependent on an objected base claim as set forth above.
Appropriate correction is required.
Claim Rejections - 35 U.S.C. § 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim(s) 1-4, 7-12 and 15-20 are rejected under 35 U.S.C. § 103 as being unpatentable over SHIKAMA (US 2015/0009839 A1) in view of Ohta et al. (US 2015/0124639 A1) hereinafter “Ohta”.
Regarding Claims 1 and 9,
Shikama discloses an interference information outputting device that is connected to wireless reception means for receiving a wireless signal [see fig(s). 1A, 3A-3B, & 13, pg. 2, ¶45 lines 1-9; ¶51 lines 1-8; ¶52 lines 1-8, an interference control apparatus “110”/ “300” including an acquiring unit “111” and a computing unit “112”], the interference information outputting device comprising one or more memories storing instructions and one or more processors configured to execute the instructions to [see fig(s). 1A, 3A-3B, & 13, pg. 2, ¶45 lines 1-9; ¶51 lines 1-8; ¶52 lines 1-8, the acquiring unit “111” receives and accumulates received measurement results in a memory of the interference control apparatus “110”; and the computing unit “112” calculates the future estimated value of the reception quality of a wireless signal … based on the measurement results output from the acquiring unit “111” to]:
receive signal information from the wireless reception means [see fig. 13: Step “1301”, pg. 11, ¶181 lines 1-10, the transmission power calculating unit “352” sends a request to the radio quality estimating unit “330”], the signal information being information relating to quality of a reception signal being the wireless signal received by the wireless reception means [see fig. 13: Step “1301”, pg. 11, ¶181 lines 1-10, for calculation of the estimated value of the radio quality];
estimate whether radio interference occurs at a location position at which the wireless reception means is located [see fig. 13: Step “1302”, pg. 11, ¶182 lines 1-7, the radio quality estimating unit “330” calculates the estimated value of the radio quality of the target wireless terminal], based on an estimation condition being a condition that is fulfilled when radio interference occurs [see fig. 13: Step “1302”, pg. 11, ¶182 lines 1-7, based on the radio quality information stored in the radio quality information storage unit “320”]; and
output interference information being information relating to radio interference [see fig. 13: Step “1303”, pg. 11, ¶183 lines 1-11, the radio quality estimating unit “330” outputs the estimated radio quality information], wherein the estimation condition includes a condition relating to the signal information [see fig. 13: Step “1303”, pg. 11, ¶183 lines 1-11, the estimated radio quality information indicating the estimated values calculated to the connection destination switching unit “1211”], and the interference information includes information relating to the location position and information relating to the result of the estimation [see fig. 13: Step “1304”, pg. 11, ¶183 lines 1-11, thereafter, the connection destination switching unit “1211” determines a future connection destination of the wireless terminal corresponding to the estimated radio quality information from the radio quality estimating unit “330” based on the estimated radio quality information received from the radio quality estimating unit “330” and the base station information stored in the base station information storage unit “340”], and includes information relating to the reliability degree when the result of the estimation is affirmative [see fig. 13: Step “1305”, pg. 11, ¶184 lines 1-13, if the future connection destination of the wireless terminal is controlled by the inference control apparatus that includes the connection destination switching unit “1211” (Yes in step S1305), the processing performed by the connection destination switching unit “1211” proceeds to step S1307].
Although Shikama discloses estimating whether radio interference occurs at a location position at which the wireless reception means is located, Shikama does not explicitly teach “further calculate a reliability degree indicating a degree of accuracy of the estimation when a result of the estimation is affirmative”.
However Ohta discloses receiving signal information from the wireless reception means [see fig. 12: Step “26”, pg. 11, ¶132 lines 1-5, the base station “50” transmits the determined wireless communication parameter to the wireless terminal “70” using the RRC signaling transmitted on the PDSCH], the signal information being information relating to quality of a reception signal being the wireless signal received by the wireless reception means [see fig. 12: Step “25”, pg. 11, ¶131 lines 1-9, the base station “50” determines the wireless communication parameter so as to decrease the activation level of the LTE communication];
estimating whether radio interference occurs at a location position at which the wireless reception means is located [see fig. 12: Step “27”, pg. 11, ¶133 lines 1-9, the wireless terminal “70” controls the interference so that the interference is decreased or avoided], based on an estimation condition being a condition that is fulfilled when radio interference occurs [see fig. 12: Step “27”, pg. 11, ¶133 lines 1-9, based on the received wireless communication parameter], the estimation condition including a condition relating to the signal information [see fig. 12: Step “27”, pg. 11, ¶133 lines 1-9, since the interference control operation is started according to the first assistance information before the completion of the different frequency measurement, the interference control operation is rapidly executed and the communication performance is improved];
further calculating a reliability degree indicating a degree of accuracy of the estimation when a result of the estimation is affirmative [see fig. 12: Step “28”, pg. 11, ¶135 lines 1-6, the wireless terminal “70” determines whether or not the measurement process is completed. When the measurement process is not completed (No of the determination result), the determination is performed at a predetermined timing from the continuation of the measurement process to the completion of the measurement process];
outputting interference information being information relating to radio interference [see fig. 12: Step “28”, pg. 11, ¶136 lines 1-15, when the measurement process is completed (No of the determination result), the wireless terminal “70” determines the information for assisting in the control of the interference (second assistance information), based on the measurement result, and transmits the second assistance information to the base station “50”], wherein the interference information includes information relating to the location position and information relating to the result of the estimation [see fig. 12: Step “28”, pg. 11, ¶136 lines 1-15, the second assistance information is, for example, the wireless communication parameter which is determined based on the measurement result and is preferred by the wireless terminal “70”], and includes information relating to the reliability degree when the result of the estimation is affirmative [see fig. 12: Step “28”, pg. 11, ¶136 lines 1-15, as the wireless communication parameter preferred by the wireless terminal “70”, the different frequency information (frequency band of handover destination) used in the FDM method, the DRX pattern used in the TDM method, or the frequency of autonomous denial used in the Auto denial method, is used, for example].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “further calculate a reliability degree indicating a degree of accuracy of the estimation when a result of the estimation is affirmative” as taught by Ohta in the system of Shikama for suppressing interference in a wireless terminal and improve communication performance with a wireless terminal executing a plurality of wireless communications [see Ohta, pg. 2, ¶30 lines 1-8].
Regarding Claims 2 and 10,
The combined system of Shikama and Ohta discloses the interference information outputting device according to claim 1.
Shikama further discloses wherein the estimation is executed at a predetermined interval [see pg. 16, ¶253 lines 1-12, the interference control is performed using an estimated value of future radio quality information after a predetermined period of time elapses in consideration of a switching time of the transmission power level obtained from the past and current radio quality information items], and the reliability degree of the location position is increased as a number of consecutive times when the result of the estimation at the location position is affirmative is increased [see pg. 16, ¶253 lines 1-12, In addition, to ensure the optimum radio quality, the estimated throughput is calculated from the estimated degree of interference].
Regarding Claims 3 and 11,
The combined system of Shikama and Ohta discloses the interference information outputting device according to claim 1.
Shikama further discloses wherein the estimation condition refers to fulfillment of a predetermined number or more of individual conditions [see pg. 16, ¶253 lines 1-12, the interference control is performed using an estimated value of future radio quality information after a predetermined period of time elapses in consideration of a switching time of the transmission power level obtained from the past and current radio quality information items], and the reliability degree is increased as a number of the individual conditions being fulfilled is increased [see pg. 16, ¶253 lines 1-12, In addition, to ensure the optimum radio quality, the estimated throughput is calculated from the estimated degree of interference].
Regarding Claims 4 and 12,
Shikama discloses the interference information outputting device according to claim 1.
Shikama does not explicitly teach “the estimation condition refers to fulfillment of a predetermined number or more of individual conditions, the reliability degree is increased, based on an accuracy rate being associated with each of the individual conditions, as the accuracy rate of the individual condition being fulfilled is higher, and the accuracy rate is a ratio of a number of times radio interference actually occurs when the individual condition is fulfilled with respect to a number of times the individual condition is fulfilled”.
However Ohta discloses the estimation condition refers to fulfillment of a predetermined number or more of individual conditions [see pg. 11, ¶133 lines 1-9, the wireless terminal “70” controls the communication based on the received wireless communication parameter (S27)], the reliability degree is increased [see pg. 11, ¶133 lines 1-9, Accordingly, the interference is controlled so that the interference is decreased or avoided], based on an accuracy rate being associated with each of the individual conditions [see pg. 11, ¶133 lines 1-9, since the interference control operation is started], as the accuracy rate of the individual condition being fulfilled is higher [see pg. 11, ¶133 lines 1-9, according to the first assistance information before the completion of the different frequency measurement], and the accuracy rate is a ratio of a number of times radio interference actually occurs when the individual condition is fulfilled with respect to a number of times the individual condition is fulfilled [see pg. 11, ¶133 lines 1-9, the interference control operation is rapidly executed and the communication performance is improved].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “the estimation condition refers to fulfillment of a predetermined number or more of individual conditions, the reliability degree is increased, based on an accuracy rate being associated with each of the individual conditions, as the accuracy rate of the individual condition being fulfilled is higher, and the accuracy rate is a ratio of a number of times radio interference actually occurs when the individual condition is fulfilled with respect to a number of times the individual condition is fulfilled” as taught by Ohta in the system of Shikama for the same motivation as set forth in claim 1.
Regarding Claims 7 and 15,
Shikama discloses the interference information outputting device according to claim 1.
Shikama does not explicitly teach wherein “the interference information is output to display means for displaying an image, the interference information is image information for causing the display means to display the image, and the image displays the signal information and the reliability degree in relation to the location position being predetermined”.
However Ohta discloses the interference information is output to display means for displaying an image [see pg. 7, ¶95 lines 1-15, the control signal, for example, includes the interference notification transmitted from the wireless terminal “70”], the interference information is image information for causing the display means to display the image [see pg. 7, ¶95 lines 1-15, the information for assisting in the control of the interference, or the measurement result for the control of the interference], and the image displays the signal information and the reliability degree in relation to the location position being predetermined [see pg. 7, ¶95 lines 1-15, the transmission/reception antenna “71” transmits the wireless signal input from the transmission signal processing unit “78” in the first wireless communication].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “the interference information is output to display means for displaying an image, the interference information is image information for causing the display means to display the image, and the image displays the signal information and the reliability degree in relation to the location position being predetermined” as taught by Ohta in the system of Shikama for the same motivation as set forth in claim 1.
Regarding Claims 8 and 16,
The combined system of Shikama and Ohta discloses the interference information outputting device according to claim 1.
Shikama further discloses wherein the signal information includes wireless information being information relating to wireless characteristics of the reception signal and reception information being information relating to quality of a reception status of the reception signal [see pg. 2, ¶48 lines 1-7, the wireless terminal “130” measures the reception quality of a wireless signal received from the second wireless base station “122” by the wireless terminal “130”. An example of the reception quality is a received signal strength].
Regarding Claim 17,
Shikama discloses a non-transitory computer-readable recording medium recording an interference information outputting program causing a computer to achieve [see fig(s). 1A, 3A-3B, & 13, pg. 2, ¶45 lines 1-9; ¶51 lines 1-8; ¶52 lines 1-8, the acquiring unit “111” receives and accumulates received measurement results in a memory of the interference control apparatus “110”; and the computing unit “112” calculates the future estimated value of the reception quality of a wireless signal … based on the measurement results output from the acquiring unit “111” to]:
an information reception function of receiving signal information from wireless reception means [see fig. 13: Step “1301”, pg. 11, ¶181 lines 1-10, the transmission power calculating unit “352” sends a request], the signal information being information relating to quality of a reception signal being a wireless signal received by the wireless reception means for receiving a wireless signal [see fig. 13: Step “1301”, pg. 11, ¶181 lines 1-10, for calculation of the estimated value of the radio quality to the radio quality estimating unit “330” first];
an estimation function of estimating whether radio interference occurs at a location position at which the wireless reception means is located [see fig. 13: Step “1302”, pg. 11, ¶182 lines 1-7, the radio quality estimating unit “330” calculates the estimated value of the radio quality of the target wireless terminal], based on an estimation condition being a condition that is fulfilled when radio interference occurs [see fig. 13: Step “1302”, pg. 11, ¶182 lines 1-7, based on the radio quality information stored in the radio quality information storage unit “320”]; and
an output function of outputting interference information being information relating to radio interference [see fig. 13: Step “1303”, pg. 11, ¶183 lines 1-11, the radio quality estimating unit “330” outputs the estimated radio quality information], the estimation condition includes a condition relating to the signal information [see fig. 13: Step “1303”, pg. 11, ¶183 lines 1-11, the estimated radio quality information indicating the estimated values calculated to the connection destination switching unit “1211”], and the interference information includes information relating to the location position and information relating to the result of the estimation [see fig. 13: Step “1304”, pg. 11, ¶183 lines 1-11, thereafter, the connection destination switching unit “1211” determines a future connection destination of the wireless terminal corresponding to the estimated radio quality information from the radio quality estimating unit “330” based on the estimated radio quality information received from the radio quality estimating unit “330” and the base station information stored in the base station information storage unit “340”], and includes information relating to the reliability degree when the result of the estimation is affirmative [see fig. 13: Step “1305”, pg. 11, ¶184 lines 1-13, if the future connection destination of the wireless terminal is controlled by the inference control apparatus that includes the connection destination switching unit “1211” (Yes in step S1305), the processing performed by the connection destination switching unit “1211” proceeds to step S1307].
Although Shikama discloses estimating whether radio interference occurs at a location position at which the wireless reception means is located, Shikama does not explicitly teach “when a result of the estimation is affirmative, the estimation function further calculates a reliability degree indicating a degree of accuracy of the estimation”.
However Ohta discloses receiving signal information from the wireless reception means [see fig. 12: Step “26”, pg. 11, ¶132 lines 1-5, the base station “50” transmits the determined wireless communication parameter to the wireless terminal “70” using the RRC signaling transmitted on the PDSCH], the signal information being information relating to quality of a reception signal being the wireless signal received by the wireless reception means [see fig. 12: Step “25”, pg. 11, ¶131 lines 1-9, the base station “50” determines the wireless communication parameter so as to decrease the activation level of the LTE communication];
estimating whether radio interference occurs at a location position at which the wireless reception means is located [see fig. 12: Step “27”, pg. 11, ¶133 lines 1-9, the wireless terminal “70” controls the interference so that the interference is decreased or avoided], based on an estimation condition being a condition that is fulfilled when radio interference occurs [see fig. 12: Step “27”, pg. 11, ¶133 lines 1-9, based on the received wireless communication parameter], the estimation condition including a condition relating to the signal information [see fig. 12: Step “27”, pg. 11, ¶133 lines 1-9, since the interference control operation is started according to the first assistance information before the completion of the different frequency measurement, the interference control operation is rapidly executed and the communication performance is improved];
further calculating a reliability degree indicating a degree of accuracy of the estimation when a result of the estimation is affirmative [see fig. 12: Step “28”, pg. 11, ¶135 lines 1-6, the wireless terminal “70” determines whether or not the measurement process is completed. When the measurement process is not completed (No of the determination result), the determination is performed at a predetermined timing from the continuation of the measurement process to the completion of the measurement process];
outputting interference information being information relating to radio interference [see fig. 12: Step “28”, pg. 11, ¶136 lines 1-15, when the measurement process is completed (No of the determination result), the wireless terminal “70” determines the information for assisting in the control of the interference (second assistance information), based on the measurement result, and transmits the second assistance information to the base station “50”], wherein the interference information includes information relating to the location position and information relating to the result of the estimation [see fig. 12: Step “28”, pg. 11, ¶136 lines 1-15, the second assistance information is, for example, the wireless communication parameter which is determined based on the measurement result and is preferred by the wireless terminal “70”], and includes information relating to the reliability degree when the result of the estimation is affirmative [see fig. 12: Step “28”, pg. 11, ¶136 lines 1-15, as the wireless communication parameter preferred by the wireless terminal “70”, the different frequency information (frequency band of handover destination) used in the FDM method, the DRX pattern used in the TDM method, or the frequency of autonomous denial used in the Auto denial method, is used, for example].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “further calculate a reliability degree indicating a degree of accuracy of the estimation when a result of the estimation is affirmative” as taught by Ohta in the system of Shikama for suppressing interference in a wireless terminal and improve communication performance with a wireless terminal executing a plurality of wireless communications [see Ohta, pg. 2, ¶30 lines 1-8].
Regarding Claim 18,
The combined system of Shikama and Ohta discloses the non-transitory computer-readable recording medium recording an interference information outputting program according to claim 17.
Shikama further discloses wherein the estimation function executes the estimation at a predetermined interval [see pg. 16, ¶253 lines 1-12, the interference control is performed using an estimated value of future radio quality information after a predetermined period of time elapses in consideration of a switching time of the transmission power level obtained from the past and current radio quality information items], and increases the reliability degree of the location position as a number of consecutive times when the result of the estimation at the location position is affirmative is increased [see pg. 16, ¶253 lines 1-12, In addition, to ensure the optimum radio quality, the estimated throughput is calculated from the estimated degree of interference].
Regarding Claim 19,
The combined system of Shikama and Ohta discloses the non-transitory computer-readable recording medium recording an interference information outputting program according to claim 17.
Shikama further discloses wherein the estimation condition refers to fulfillment of a predetermined number or more of individual conditions [see pg. 16, ¶253 lines 1-12, the interference control is performed using an estimated value of future radio quality information after a predetermined period of time elapses in consideration of a switching time of the transmission power level obtained from the past and current radio quality information items], and the estimation function increases the reliability degree as a number of the individual conditions being fulfilled is increased [see pg. 16, ¶253 lines 1-12, In addition, to ensure the optimum radio quality, the estimated throughput is calculated from the estimated degree of interference].
Regarding Claim 20,
Shikama discloses the non-transitory computer-readable recording medium recording an interference information outputting program according to claim 17.
Shikama does not explicitly teach “the estimation condition refers to fulfillment of a predetermined number or more of individual conditions, the estimation function increases the reliability degree, based on an accuracy rate being associated with each of the individual conditions, as the accuracy rate of the individual condition being fulfilled is higher, and the accuracy rate is a ratio of a number of times radio interference actually occurs when the individual condition is fulfilled with respect to a number of times the individual condition is fulfilled”.
However Ohta discloses the estimation condition refers to fulfillment of a predetermined number or more of individual conditions [see pg. 11, ¶133 lines 1-9, the wireless terminal “70” controls the communication based on the received wireless communication parameter (S27)], the reliability degree is increased [see pg. 11, ¶133 lines 1-9, Accordingly, the interference is controlled so that the interference is decreased or avoided], based on an accuracy rate being associated with each of the individual conditions [see pg. 11, ¶133 lines 1-9, since the interference control operation is started], as the accuracy rate of the individual condition being fulfilled is higher [see pg. 11, ¶133 lines 1-9, according to the first assistance information before the completion of the different frequency measurement], and the accuracy rate is a ratio of a number of times radio interference actually occurs when the individual condition is fulfilled with respect to a number of times the individual condition is fulfilled [see pg. 11, ¶133 lines 1-9, the interference control operation is rapidly executed and the communication performance is improved].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide “the estimation condition refers to fulfillment of a predetermined number or more of individual conditions, the reliability degree is increased, based on an accuracy rate being associated with each of the individual conditions, as the accuracy rate of the individual condition being fulfilled is higher, and the accuracy rate is a ratio of a number of times radio interference actually occurs when the individual condition is fulfilled with respect to a number of times the individual condition is fulfilled” as taught by Ohta in the system of Shikama for the same motivation as set forth in claim 17.
Allowable Subject Matter
Claims 5, 6, 13 and 14 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
United States Patent Application Publication: Gaal et al. (US 2017/0026977 A1); see fig. 8, pg. 7, ¶73-¶76.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUSHIL P SAMPAT whose telephone number is (469) 295-9141. The examiner can normally be reached on Mon-Fri (8 AM - 5 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Moore can be reached on (571) 272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUSHIL P. SAMPAT/Primary Examiner- TC 2400, Art Unit 2469
1 A machine is a "concrete thing, consisting of parts, or of certain devices and combination of devices." Digitech, 758 F.3d at 1348-49, 111 USPQ2d at 1719 (quoting Burr v. Duryee, 68 U.S. 531, 570, 17 L. Ed. 650, 657 (1863)). This category "includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result." Nuijten, 500 F.3d at 1355, 84 USPQ2d at 1501 (quoting Corning v. Burden, 56 U.S. 252, 267, 14 L. Ed. 683, 690 (1854)).
2 IPXL Holdings v. Amazon.com, Inc., 430 F.3d 1377, 1384, 77 USPQ2d 1140, 1145 (Fed. Cir. 2005)
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