Detailed Action
1. This Action is in response to Applicant's Patent Application filed on August 28, 2024. Claims 1-5 are currently pending in the present application. This Action is made Non-Final.
America Invents Act (AIA ) Information
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
3. The information disclosure statement(s) submitted within this application (has/have) been considered by the Examiner and made of record in the application file.
Claim Interpretation – 112(f)
4. 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:
Claim 1:
a control unit configured …
Claim 3:
a control unit generates …
Claim 4:
the control unit transmits …
Claim 5:
the control unit evaluates …
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: (see page(s) 10, paragraph(s) 48: “The control unit 11 can be realized by, for example, a hardware processor such as a CPU”).
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 § 102
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
6. 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.
7. Claim(s) 1-5 (is/are) rejected under 35 U.S.C. 102(a)(1) as being anticipated by NAKATA; Tsuneo (US 20220342029 A1), hereafter “NAKATA.”
Consider claim 1. NAKATA discloses an information processing device comprising a control unit configured to acquire first data about a quality of wireless communication from a first device (see fig. 1, par. 0145: “The reception map server device 30 is a device that provides/delivers a reception radio wave map to the terminal device 20. In addition, in the present embodiment, the reception map server device 30 generates beamforming setting information used by the base station device 10 to generate a positioning reference signal based on the reception radio wave map, and transmits the beamforming setting information to the base station device 10. Further, in the present embodiment, the reception map server device 30 generates schedule information indicating a transmission schedule for transmitting the positioning reference signal by the base station device 10 based on the reception radio wave map, and transmits the generated schedule information to the base station device 10. In the present embodiment, the beamforming setting information and the schedule information are generated by the reception map server device 30. However, such an example is modifiable, and the information may be generated by the base station device 20 or other device(s).” Examiner’s analysis: server 30 receives probe data from a probe terminal, including multiple measurements representing wireless reception/communication quality and processes such data.), acquire second data about a mobile environment of the first device (see par. 0126: “reception environment detection unit 203 obtains the reception environment around the terminal device 20. Examples of the reception environment include weather conditions, terrain conditions, road conditions, and movement conditions of the terminal device 20”), and generate, for each segment of the mobile environment, communication quality data that are data obtained by mapping the quality of wireless communication to a geographical region based on a plurality of the first and second data (see figs. 12A and 12B, pars. 0158 and 0159: “[0158] The reception radio wave map storage unit 301 stores a reception radio wave map for each of road areas, e.g., for a road area at intervals of 3 km on the road. Further, the reception radio wave map storage unit 301 stores a plurality of reception radio wave maps under two parameters, i.e., (i) by using a road area as one parameter and (ii) by further using identification information of the beamforming setting of the positioning reference signal in the same road area as the other parameter. [0159] Further, the reception radio wave map storage unit 301 may store the reception radio wave map for each of the reception environments by using the reception environment as a parameter. The reception environment includes at least one of “weather condition”. “road condition”, and “movement condition of the terminal device 20”. Here, the “weather condition” includes, for example, measurement values related to weather conditions such as sunny weather, rainy weather, and snowfall, as well as weather conditions such as rainfall, snowfall, temperature, humidity, wind speed and the like. Further, the “weather condition” is not limited to the current condition, but may include a predicted condition in the near future, for example. The “road condition” includes, for example, road surface conditions such as paved and unpaved roads, the presence or absence of street trees, road vicinity conditions such as under-elevated roads, as well as road congestion, construction, and other road-related matters and other vehicles including a situation involving them.”).
Consider claim 2 in view of claim 1 above. NAKATA further discloses wherein the communication quality data are a collection of communication quality maps corresponding to a plurality of wireless communication schemes that is available to the first device (see par. 0050: “While the base station device 10 establishes wireless communication separately with each of the plurality of terminal devices 20, it notifies (e.g., broadcasts) common information common to the plurality of terminal devices 20 such as communication quality measurement, communication parameters, synchronization information, and the like. The positioning reference signal may be provided as common information, or may be provided to each terminal device as information unique to each terminal device 20”).
Consider claim 3 in view of claim 2 above. NAKATA further discloses wherein: the first data include data that identify a wireless communication scheme that is used by the first device; and the control unit generates a communication quality map corresponding to the wireless communication scheme identified by the first data (see par. 0050: “While the base station device 10 establishes wireless communication separately with each of the plurality of terminal devices 20, it notifies (e.g., broadcasts) common information common to the plurality of terminal devices 20 such as communication quality measurement, communication parameters, synchronization information, and the like. The positioning reference signal may be provided as common information, or may be provided to each terminal device as information unique to each terminal device 20” and par. 0056: “FIG. 2B shows a reception radio wave map corresponding to the positioning reference signal of FIG. 2A. FIG. 2B is a 3-axis graph, in which the horizontal axis represents a position on the road, and the vertical axis represents reception state information when the positioning reference signal is received, such as reception intensity, phase, propagation delay, arrival direction, and the like”).
Consider claim 4 in view of claim 1 above. NAKATA further discloses wherein when a request is received from a second device, the control unit transmits the communication quality data generated for each segment of the mobile environment to the second device (see fig. 2B, par. 0056: “FIG. 2B shows a reception radio wave map corresponding to the positioning reference signal of FIG. 2A. FIG. 2B is a 3-axis graph, in which the horizontal axis represents a position on the road, and the vertical axis represents reception state information when the positioning reference signal is received, such as reception intensity, phase, propagation delay, arrival direction, and the like”).
Consider claim 5 in view of claim 1 above. NAKATA further discloses wherein when a request that includes information about a mobile environment of a second device is received from the second device, the control unit evaluates a quality of wireless communication performed by the second device based on communication quality data corresponding to the mobile environment of the second device (see par. 0154: “A request from the terminal device 20 is to request a reception radio wave map corresponding to a positioning reference signal specified/identified on a terminal device 20 side. Specifically, as a request from the terminal device 20, an identification ID of the corresponding positioning reference signal is sent to the reception map server device 30. In such case, the second server transmission unit 304 transmits a reception radio wave map corresponding to the positioning reference signal of the relevant identification ID to the terminal device 20. The second server transmission unit 304 may spontaneously and periodically transmit a reception radio wave map corresponding to all the positioning reference signals to the terminal device 20 without being based on a request from the terminal device 20”).
Conclusion
8. The following prior arts are made of record and not relied upon, but is considered pertinent to applicant's disclosure for their relation to radio signal mapping:
US 20260231110 A1
US 12542605 B1
US 12250608 B2
9. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Marcos Batista, whose telephone number is (571) 270-5209. The Examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm.
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, Rafael Pérez-Gutiérrez can be reached at (571) 272-7915. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/MARCOS BATISTA/Primary Examiner, Art Unit 2642
September 1, 2026
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