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 .
Claims 1-20 are pending.
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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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: “a plurality of samplers configured to receive…and to produce…”, “a data analyzer configured to process…and to generate…” in claim 1, “a signal aligner configured to align…in claim 2, “a plurality of delay elements each configured to apply…”in claim 3, “a signal conditioner configure to condition…” in claim 11, and “a sampler configured to receive…and to produce…” and “a data analyzer configured to process…and to generate…” in claim 20.
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 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 Rejections - 35 USC § 112
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.
Claims 1-17 and 20 are 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.
Claim limitation “a plurality of samplers configured to receive…and to produce…”, “a data analyzer configured to process…and to generate…”, “a signal aligner configured to align…”, “a plurality of delay elements each configured to apply…”, “a signal conditioner configure to condition…”, and “a sampler configured to receive…and to produce…” and “a data analyzer configured to process…and to generate…” invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification does not provide sufficient details such that one or ordinary skill in the art would understand which structure(s) perform(s) the claimed functions. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-17 and 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. As described above, the disclosure does not provide adequate structure to perform the claimed functions. The specification does not demonstrate that applicant has made an invention that achieves the claimed functions because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
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.
Claim(s) 1, 8-14, 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (hereinafter Chen) (US 20250317160 A1) in view of Tousi et al. (hereinafter Tousi) (US 9264059 B2).
As to claim 1, Chen teaches a sensor circuit [FIG. 3: power amplifier 300] comprising:
a sampler [FIG. 3: sampler 264] configured to receive a radio frequency (RF) signal and to produce, a plurality of low-frequency samples [0108: “The ADC 264 converts the analog signal yb(l) to a digital signal yb(n). The ADC 264 has a low resolution and a low sampling rate.”]; and
a data analyzer [FIG.3: adaptive PA distortion estimator 220] configured to process low-resolution representations of the plurality of low-frequency samples collected over a plurality of sampling instances and to generate a data analysis metric associated with the RF signal [0097: “the adaptive PA distortion estimator 220 receives…the signal y(n) outputted from the feedback loop 206, adjusts them to the same sampling rate (for example, downsampling the signal u(n) to the same sampling rate as the signal y(n)), and compares them to observe characteristics of the transmitted signal yf(l) and detects nonlinear distortions asynchronously by using pseudo-preambles (described in more detail later) with varying lengths to mitigate the impact of the low resolution and low sampling rate of the feedback loop 206. The adaptive PA distortion estimator 220 outputs an estimated signal ŷ (n).”].
Chen does not teach the sensor circuit implementing more than one samplers for receiving a plurality of radio frequency, and a clock source configured to generate a clock signal.
Quinlan teaches a sensor circuit implementing a plurality of sampler for sampling a plurality of radio frequency signals [FIG. 2: multiple ADCs], an clock source configured to generate a clock signal [col. 4, lines 58-60: “In some embodiments, the clock phase generator can be a phase-lock loop (PPL) or a delay-locked loop (DLL).”].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teaching of implementing multiple ADCs as suggested in Quinlan into Chen to implement RF sampling. One having ordinary skill in the art would have been motivated to make such modification to improve performance and increase flexibility.
As to claim 8, Tousi further teaches wherein the clock signal has a clock rate that is asynchronous to the RF signal [col. 2, lines 60-63: “The M ADC channels in the ADC 100 operate time-interleaved. In a time-interleaved architecture, each distinct ADC channel is configured to run with clocks that are offset in phase by 360/M degrees.”].
As to claim 9, Chen teaches wherein the plurality of samplers are configured to produce the low-frequency samples at a sampling rate that is asynchronous to the RF signal [0009: “In some embodiments, said estimating the power-amplifier distortion coefficients comprising: downconverting the radio-frequency analog signal to a frequency lower than a carrier frequency of the radio-frequency analog signal to obtain a first analog signal; converting the first analog signal to the second digital signal with a sampling rate lower than a full sampling rate.”].
As to claim 10, Chen teaches wherein one or more of the plurality of sampler comprises a low-power sample-and-hold sampler [low resolution/low sampling rate ADC].
As to claim 11, Chen teaches the sensor circuit of claim 1, further comprising: a signal conditioner configured to condition one or more of the plurality of RF signals prior to being provided to the samplers [FIG. 3: Downconverter 262].
As to claim 12, Chen teaches wherein the data analyzer is configured to provide the generated data analysis metric as information input to a controller to optimize performance of a device-under-observation producing the RF waveform [0098: “The sampling rate converter 222 is used to convert the lower-sampling-rate y(n) to a higher-sampling-rate signal ŷf (n) so as to meet the equivalency requirement in sampling rates between the oversampled digital signal x(n) and the estimated PA-output signal ŷ (n) (outputted from the feedback loop 206) during the training of predistortion (that is, the higher-sampling-rate signal ŷf(n) (converted from the estimated PA-output signal ŷ(n)) has the same sampling rate as the oversampled digital signal x(n)).”].
As to claim 13, Chen teaches wherein the data analyzer is configured to perform data correlation to determine amplitude and phase relationship [0097: “the adaptive PA distortion estimator 220 receives…the signal y(n) outputted from the feedback loop 206, adjusts them to the same sampling rate (for example, downsampling the signal u(n) to the same sampling rate as the signal y(n)), and compares them to observe characteristics of the transmitted signal yf(l) and detects nonlinear distortions asynchronously by using pseudo-preambles (described in more detail later) with varying lengths to mitigate the impact of the low resolution and low sampling rate of the feedback loop 206. The adaptive PA distortion estimator 220 outputs an estimated signal ŷ (n).”].
As to claim 14, Chen teaches wherein the data analyzer is configured to generate the data analysis metric based on a low-resolution representation of a comparison of the plurality of low-frequency samples [0097: “the adaptive PA distortion estimator 220 receives…the signal y(n) outputted from the feedback loop 206, adjusts them to the same sampling rate (for example, downsampling the signal u(n) to the same sampling rate as the signal y(n)), and compares them to observe characteristics of the transmitted signal yf(l) and detects nonlinear distortions asynchronously by using pseudo-preambles (described in more detail later) with varying lengths to mitigate the impact of the low resolution and low sampling rate of the feedback loop 206. The adaptive PA distortion estimator 220 outputs an estimated signal ŷ (n).”].
As to claim 16, Chen teaches wherein the generated data analysis metric comprises: relative gain; relative phase; relative distortion; voltage standing wave ratio (VSWR); voltage distribution; current distribution; or reliability protection [0097: “the adaptive PA distortion estimator 220 receives…the signal y(n) outputted from the feedback loop 206, adjusts them to the same sampling rate…compares them to observe characteristics of the transmitted signal yf(l) and detects nonlinear distortions asynchronously by using pseudo-preambles (described in more detail later) with varying lengths to mitigate the impact of the low resolution and low sampling rate of the feedback loop 206. The adaptive PA distortion estimator 220 outputs an estimated signal ŷ (n).”].
As to clain 17, Chen teaches a sensor system comprising: the sensor circuit of claim 1; and an RF circuit configured to produce one or more of the plurality of RF signals [0087: “a Tx chain 204 for converting the input digital signal v(n) to an analog RF signal, introducing APD thereto, and amplifying the analog RF signal for transmission.”].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (hereinafter Chen) (US 20250317160 A1) in view of Tousi et al. (hereinafter Tousi) (US 9264059 B2), and further in view of Akiyama (US 20240295593 A1).
As to claim 7, Chen in view of Tousi does not teach wherein the plurality of samplers are configured to produce the low-frequency samples at a sub-Nyquist sampling rate.
Akiyama teaches that the plurality of samplers are configured to produce the low-frequency samples at a sub-Nyquist sampling rate [0021: “Each of the sub ADCs 132-1 to 132-4 samples an independently input signal, at a sampling rate that is a sub-Nyquist rate corresponding to, for example, 1/20 of the Nyquist rate.”].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teaching of sampling signal at sub-Nyquist sampling rate as suggested in Akiyama into Chen in view of Tousi to implement sampling signal. One having ordinary skill in the art would have been motivated to make such modification to reduce hardware complexity and power consumption.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (hereinafter Chen) (US 20250317160 A1) in view of Quinlan et al. (Quinlan) (US 11750235 B2).
As to claim 18, Chen teaches a processor-implemented method for processing radio frequency (RF) signals, the method comprising:
receiving a plurality of RF signals [0106: “The feedback loop 206 obtains a copy of the PA-output signal yf (l) and outputs a digital signal y(n) for estimating the PA distortion.”];
producing, based on the plurality of RF signals, a plurality of low-frequency samples [0108: “The ADC 264 converts the analog signal yb(l) to a digital signal yb(n). The ADC 264 has a low resolution and a low sampling rate.”];
processing low-resolution representations of the plurality of low-frequency-samples collected over a plurality of sampling instances [0097: “the adaptive PA distortion estimator 220 receives…the signal y(n) outputted from the feedback loop 206, adjusts them to the same sampling rate (for example, downsampling the signal u(n) to the same sampling rate as the signal y(n)), and compares them to observe characteristics of the transmitted signal yf(l)…”]; and
generating a data analysis metric associated with the plurality of RF signals [0097: “the adaptive PA distortion estimator 220 receives…the signal y(n) outputted from the feedback loop 206, adjusts them to the same sampling rate (for example, downsampling the signal u(n) to the same sampling rate as the signal y(n)), and compares them to observe characteristics of the transmitted signal yf(l) and detects nonlinear distortions asynchronously by using pseudo-preambles (described in more detail later) with varying lengths to mitigate the impact of the low resolution and low sampling rate of the feedback loop 206. The adaptive PA distortion estimator 220 outputs an estimated signal ŷ (n).”].
Chen does not teach generating a clock signal.
Quinlan teaches generating a clock signal for sampling [FIG. 2] [col. 7, lines 46-48: “The sub-sampler 220 is configured to sub-sample, using the first oscillating signal 245, the received RF signal 215 to generate and output a sub-sampled signal 225.”].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teaching of generating a clock signal for sampling into Chen to implement signal sampling. One having ordinary skill in the art would have been motivated to make such modification to ensure precise and consistent across system.
As to claim 19, Chen teaches an apparatus comprising:
a non-transient computer-readable storage medium having executable instructions embodied thereon [0047: “According to one aspect of this disclosure, there is provided one or more non-transitory computer-readable storage media comprising computer-executable instructions, wherein the instructions, when executed, cause one or more processors to perform the above-described first, second, and/or third method.”]; and
one or more hardware processors configured to execute the instructions to:
receive a plurality of RF signals [0106: “The feedback loop 206 obtains a copy of the PA-output signal yf (l) and outputs a digital signal y(n) for estimating the PA distortion.”];
produce, based on the clock signal and on the plurality of RF signals, a plurality of low-frequency samples [0108: “The ADC 264 converts the analog signal yb(l) to a digital signal yb(n). The ADC 264 has a low resolution and a low sampling rate.”];
processing low-resolution representations of the plurality of low-frequency samples collected over a plurality of sampling instances; and generate a data analysis metric associated with the plurality of RF signals [0097: “the adaptive PA distortion estimator 220 receives…the signal y(n) outputted from the feedback loop 206, adjusts them to the same sampling rate (for example, downsampling the signal u(n) to the same sampling rate as the signal y(n)), and compares them to observe characteristics of the transmitted signal yf(l)…”].
Chen does not teach generating a clock signal.
Quinlan teaches generating a clock signal for sampling [FIG. 2] [col. 7, lines 46-48: “The sub-sampler 220 is configured to sub-sample, using the first oscillating signal 245, the received RF signal 215 to generate and output a sub-sampled signal 225.”].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teaching of generating a clock signal for sampling into Chen to implement signal sampling. One having ordinary skill in the art would have been motivated to make such modification to ensure precise and consistent across system.
As to claim 20, Chen teaches a sensor circuit, comprising:
a sampler configured to receive a radio frequency (RF) signal and to produce, based on the clock signal, a low-frequency sample [0108: “The ADC 264 converts the analog signal yb(l) to a digital signal yb(n). The ADC 264 has a low resolution and a low sampling rate.”]; and
a data analyzer [FIG.3: adaptive PA distortion estimator 220] configured to process low-resolution representations of the low-frequency samples collected over a plurality of sampling instances and to generate a data analysis metric associated with the RF signal [0097: “the adaptive PA distortion estimator 220 receives…the signal y(n) outputted from the feedback loop 206, adjusts them to the same sampling rate (for example, downsampling the signal u(n) to the same sampling rate as the signal y(n)), and compares them to observe characteristics of the transmitted signal yf(l) and detects nonlinear distortions asynchronously by using pseudo-preambles (described in more detail later) with varying lengths to mitigate the impact of the low resolution and low sampling rate of the feedback loop 206. The adaptive PA distortion estimator 220 outputs an estimated signal ŷ (n).”].
Chen does not a clock source configured to generate a clock signal for sampling.
Quinlan teaches generating a clock signal for sampling [FIG. 2] [col. 7, lines 46-48: “The sub-sampler 220 is configured to sub-sample, using the first oscillating signal 245, the received RF signal 215 to generate and output a sub-sampled signal 225.”].
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to incorporate the teaching of generating a clock signal for sampling into Chen to implement signal sampling. One having ordinary skill in the art would have been motivated to make such modification to ensure precise and consistent across system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUXING CHEN whose telephone number is (571)270-3486. The examiner can normally be reached M-F 9-5:30PM.
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/XUXING CHEN/ Primary Examiner, Art Unit 2176