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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 4, 5, 11, 16, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hulbert et al (EP 0 690 588; art cited by applicant).
Regarding independent claim 1, Hulbert teaches an apparatus of a radio communication device (figs. 1 and 4), the apparatus comprising: a plurality of signal paths, each signal path of the plurality of signal paths is configured to receive a radio frequency (RF) signal from a corresponding RF circuit (fig. 4, Rake Fingers 6, 8 and 10); and a processor (fig. 4, 40) configured to: determine first signal paths (fingers for data demodulation) and a second signal path (col. 3, lines 34-36, searcher) from the plurality of signal paths, wherein the first signal paths are configured to receive first RF signals of the RF signals (fig. 4, one of the fingers 6, 8 and 10); demodulate the first RF signals received from the first signal paths to decode received communication data (fig. 4, one of the finger designated as first signal path); and perform, for a frequency band, an RF environmental sensing operation based on a digital signal converted from a second RF signal of the RF signals, wherein the second RF signal is provided by the second signal path (col. 1, lines 3-6 and 41-45 and col. 4, lines 43-59, the “searching” is interpreted as “sensing” because it detects, by means of correlation, a power value relating to a certain delay in certain bandwidth).
Regarding independent claim 16, the claim recites similar subject matter as in claim 1. Therefore, similar rationale is applied as for claim 1.
Regarding dependent claims 2 and 17, Hulbert further teaches wherein the processor is further configured to determine a spectral content of a frequency band based on the digital signal. See col. 4, lines 43-59, the searcher determines a power delay profile in order to find the most appropriate delays for demodulation finger assignment and therefore determines a spectral content of the frequency band of the digital signal.
Regarding dependent claims 4 and 19, Hulbert further teaches wherein each signal path is capable to demodulate a received digital signal and to perform an RF environmental sensing operation based on the received digital signal. See col. 1, lines 46-58, each parallel path can be used either as finger (demodulation) or searcher (sensing).
Regarding dependent claims 5 and 20, Hulbert further teaches wherein the processor is further configured to selectively perform the RF environmental sensing operation with or demodulate a respective RF signal received from each signal path of the plurality of signal paths. See col. 3, lines 32-38 and col. 4, lines 43-59, each path can selectively perform either function based on a decision of the controller.
Regarding dependent claim 11, Hulbert further teaches wherein the processor is further configured to process the digital signal for the RF environmental sensing operation in a trusted execution environment. Spread spectrum communications is a secured and trusted communications.
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 of this title, 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.
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.
Claims 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hulbert et al (EP 0 690 588; art cited by applicant).
Regarding dependent claims 3 and 18, Hulbert teaches all subject matter claimed except to further teach wherein the first and second RF signals are derived from a same receive (RX) antenna. However, Hulbert teaches the receiver to receive radio signal, therefore, it is inherent to have antenna. Moreover, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have recognized to modify the system of Hulbert by employing a single antenna so as to save cost.
Allowable Subject Matter
Claims 13-15 are allowed over prior art of record.
Claims 6-10 and 12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Examiner's note: Examiner has cited particular columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References Das et al (US 12,267,097), Suzuki et al (US 2012/0087334), Taoka et al (US 2013/0033979), Kakishima et al (US 2015/0078289), Nishikawa et al (US 2017/0127389) and Niu et al (US 2018/0310230) are cited because they are pertinent to the method and apparatus for radio communications. However, none of the cited references teaches or suggests a remote radio unit comprising: an antenna array; a fronthaul interface; a plurality of signal paths, each signal path of the plurality of signal paths is configured to receive a radio frequency, RF, signal from a corresponding RF circuit; and a processor configured to: determine first signal paths and a second signal path from the plurality of signal paths, wherein the first signal paths are configured to receive first RF signals of the RF signals; demodulate the first RF signals received from the first signal paths to decode received communication data; perform, for a frequency band, an RF environmental sensing operation based on a digital signal converted from a second RF signal of the RF signals, wherein the second RF signal is provided by the second signal path, wherein the fronthaul interface is configured to provide a communication between the remote radio unit and an external communication device that is external to the remote radio unit; and implement a first portion of a radio communication protocol stack and send communication data to the external communication device, wherein the communication data is obtained by implementing the first portion of the radio communication protocol stack to the first RF signals as recited in claim 13 and further arrangements as recited in the dependent claims 6-10, 12, 14 and 15.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DON NGUYEN VO whose telephone number is (571) 272-3018. The examiner can normally be reached on Monday to Friday from 9:00 to 6:30PM.
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) Form at https://www.uspto.gov/patents/uspto-automated-interview-request-air-form.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kenneth N Vanderpuye, can be reached on 571-272-3078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DON N VO/Primary Examiner, Art Unit 2634
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