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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Allowable Subject Matter
Claims 8-9, 19-20, 29-30 and 39-40 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-7, 10-18, 21-28, 31-38 and 41-43 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12,113,562 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other.
Instant application
US 12,113,562 B2
Claim 1.
A communication device comprising a radiofrequency transmitter;
a proximity sensor, configured to generate proximity sensor data indicating whether the communication device is held close to a user's body; and
a processor configured to:
determine, using the proximity sensor data, whether the communication device is held close to the user's body; and
implement a time-averaged power control mechanism to apply a power back-off to the radiofrequency transmitter, or
remove the power back-off from the radiofrequency transmitter, based on the proximity sensor data and based on a comparison of a time- averaged transmit power to a predefined time-averaged transmit power limit.
Claim 1.
A communication device comprising a processor configured to:
detect whether a body is proximately located based on obtained proximity sensor data;
define an upper threshold for a radio frequency (RF) transmit power and a lower threshold for the RF transmit power;
calculate an average power of an RF transmitter over a fixed time period; and determine whether to apply or remove a power back-off to the RF transmitter based on whether the body is detected, the average power, and a comparison of the average power to the upper threshold or the lower threshold.
Independent claim 1.
The similarities between the two independent claims are shown in bold face. The rest of the limitations disclose similar ideas although using different terms.
Similar analysis can be applied to independent claims 12, 22, 32 and 42-43, with respect to independent claims 8 and 15.
Dependent claims:
Claims 2, 13, 23 and 33 : all limitations can be obtained from claim 1 of parent case.
Claims 3, 14, 24 and 34: all limitations can be obtained from claim 1 of parent case.
Claim 4, 15, 25 and 35: all limitations can be obtained from claim 8 of parent case.
Claim 5, 16, 26 and 36: all limitations can be obtained from claim 3 of parent case.
Claim 6, 17, 27 and 37: all limitations can be obtained from claim 14 of parent case.
Claim 7, 18, 28 and 38: all limitations can be obtained from claim 4 of parent case.
Claim 10, 21, 31 and 41: all limitations can be obtained from claim 7 of parent case.
Claim 11: all limitations can be obtained from claim 1 of parent case.
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 10, 21, 31 and 41 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 pre-AIA the applicant regards as the invention.
The limitation “not applying a power back-off if the proximity sensor determines that the device is not held close to the user’s body”, is disclosed in the alternative in the parent claim. During examination the alternative limitation was selected, as a result there is a lack of antecedent basis in the claims.
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, 4-7, 10-13, 15-18, 21-23, 25-28, 31-33, 35-38 and 41-43 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yao et al. (US 2018/0288709 A1).
Claim 1. Yao et al. disclose A communication device (FIG. 1-2 and 4) comprising
a radiofrequency transmitter (read as one or more transceivers [0029]. FIG. 2 and 4 Transceiver);
a proximity sensor (read as one or more proximity sensors [0029]. FIG. 2 and 4 Proximity Sensor), configured to generate proximity sensor data indicating whether the communication device is held close to a user's body (read as proximity information, which indicates the proximity of one or more objects (e.g., the user of the mobile device) to the communication device (e.g., transmission antenna) [0019]); and
a processor (read as processor circuitry [0016]. FIG. 2 and 4) configured to:
determine, using the proximity sensor data, whether the communication device is held close to the user's body (read as The proximity sensor 270 can include processor circuitry that is configured to detect the proximity of one or more objects to the communication device 140 [0034]); and
implement a time-averaged power control (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A, and adjust the instantaneous TX power (e.g., peak TX power 304) based on the average TX power [0022]) mechanism to apply a power back-off to the radiofrequency transmitter (read as when the proximity distance D.sub.t decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduce [0081]), or
remove the power back-off from the radiofrequency transmitter, based on the proximity sensor data and based on a comparison of a time- averaged transmit power to a predefined time-averaged transmit power limit.
Claim 2. The communication device of claim 1, Yao et al. disclose,
wherein the predefined time-averaged transmit power limit comprises an upper threshold (read as … the resulting average SAR value (Save) over the estimated transmission duty cycle of the communication device (i.e., the future transmission duty cycle factor (β)) is less than are equal to the time average specific absorption rate threshold value (Slim) [0041] … the transmission power threshold value (e.g., Pmax) is calculated such that the following equation is satisfied: βxSins(DtPmax(T0+1))≤Sbud. [0071])).
Claim 4. The communication device of claim 1, Yao et al. disclose,
wherein the processor is further configured to calculate the time-averaged transmit power of the communication device over a predetermined time duration (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A [0022]).
Claim 5. The communication device of claim 1, Yao et al. disclose,
wherein the predefined time-averaged transmit power limit is an averaging time period defined by one or more regulations specifying a Specific Absorption Rate (read as time domain running average SAR value (e.g., 302) is equal to or less than a transmission power threshold value (e.g., 315) (e.g., a regulatory compliance limit) [0023]).
Claim 6. The communication device of claim 1, Yao et al. disclose,
wherein the processor is configured to calculate the predefined time-averaged transmit power based on a sliding time-window (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A [0022] … time domain running average SAR value (e.g., 302) is equal to or less than a transmission power threshold value (e.g., 315) (e.g., a regulatory compliance limit) [0023]).
Claim 7. The communication device of claim 3, Yao et al. disclose,
wherein the processor is further configured to compare the time-averaged transmit power to the upper threshold of the predefined time-averaged transmit power limit (FIG. 7B and 8B, time averaged transmit power compared to maximum transmit power.), and
in response to the time-averaged transmit power being less than the upper threshold, determine not to apply the power back-off, or
in response to the time-averaged transmit power being greater than or equal to the upper threshold, determine to apply the power back-off (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A, and adjust the instantaneous TX power (e.g., peak TX power 304) based on the average TX power [0022])).
Claim 10. The communication device of claim 1, Yao et al. disclose,
wherein the processor is further configured not to apply the power back-off in response to the processor detecting from the proximity sensor data that the communication device is not held close to the user's body (read as when the proximity distance Dt decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduce [0081]).
Claim 11. The communication device of claim 1, Yao et al. disclose,
wherein the communication device is configured as a mobile phone, a tablet computer, a laptop computer, or a wearable device (read as the communication device 140 include (but are not limited to) a mobile device—such as a laptop computer, a tablet computer, a mobile telephone or smartphone, a “phablet [0018]).
Claim 12. Yao et al. disclose A non-transitory computer readable medium, comprising instructions (read as a memory 260 that stores data and/or instructions, where when the instructions are executed by the processor circuitry [0033]) which,
if executed by a processor, causes the processor to:
determine, using proximity sensor data, whether a communication device is held close to a user's body (read as The proximity sensor 270 can include processor circuitry that is configured to detect the proximity of one or more objects to the communication device 140 [0034]); and
implement a time-averaged power control (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A, and adjust the instantaneous TX power (e.g., peak TX power 304) based on the average TX power [0022]) mechanism to apply a power back-off to a radiofrequency transmitter (read as when the proximity distance Dt decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduce [0081]), or
remove the power back-off from the radiofrequency transmitter, based on the proximity sensor data and based on a comparison of a time- averaged transmit power to a predefined time-averaged transmit power limit.
Claim 13. The non-transitory computer readable medium of claim 12, Yao et al. disclose,
wherein the predefined time-averaged transmit power limit comprises an upper threshold (read as the transmission power threshold value (e.g., Pmax) is calculated such that the following equation is satisfied: βxSins(DtPmax(T0+1))≤Sbud). [0071]).
Claim 15. The non-transitory computer readable medium of claim 12, Yao et al. disclose,
wherein the processor is further configured to calculate the time-averaged transmit power of the communication device over a predetermined time duration (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A [0022]).
Claim 16. The non-transitory computer readable medium of claim 12, Yao et al. disclose,
wherein the predefined time-averaged transmit power limit is an averaging time period defined by one or more regulations specifying a Specific Absorption Rate (read as time domain running average SAR value (e.g., 302) is equal to or less than a transmission power threshold value (e.g., 315) (e.g., a regulatory compliance limit) [0023]).
Claim 17. The non-transitory computer readable medium of claim 12, Yao et al. disclose,
wherein the instructions are further configured to cause the processor to calculate the predefined time- averaged transmit power based on a sliding time-window (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A [0022] … time domain running average SAR value (e.g., 302) is equal to or less than a transmission power threshold value (e.g., 315) (e.g., a regulatory compliance limit) [0023]).
Claim 18. The non-transitory computer readable medium of claim 13, Yao et al. disclose,
wherein the instructions are further configured to cause the processor to compare the time-averaged transmit power to the upper threshold of the predefined time-averaged transmit power limit (FIG. 7B and 8B, time averaged transmit power compared to maximum transmit power.), and
in response to the time-averaged transmit power being less than the upper threshold, determine not to apply the power back-off, or
in response to the time-averaged transmit power being greater than or equal to the upper threshold, determine to apply the power back-off (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A, and adjust the instantaneous TX power (e.g., peak TX power 304) based on the average TX power [0022])).
Claim 21. The non-transitory computer readable medium of claim 12, Yao et al. disclose,
wherein the instructions are further configured to cause the processor not to apply the power back-off in response to the processor detecting from the proximity sensor data that the communication device is not held close to the user's body (read as when the proximity distance Dt decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduced [0081]).
Claim 22. Yao et al. disclose A method of controlling transmit power (read as a transmission power control method [0051]), comprising:
determining, using proximity sensor data (read as one or more proximity sensors [0029]. FIG. 2 and 4 Proximity Sensor), whether a communication device is held close to a user's body (read as proximity information, which indicates the proximity of one or more objects (e.g., the user of the mobile device) to the communication device (e.g., transmission antenna) [0019]); and
implementing a time-averaged power control mechanism (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A, and adjust the instantaneous TX power (e.g., peak TX power 304) based on the average TX power [0022]) to apply a power back-off to a radiofrequency transmitter (read as when the proximity distance D.sub.t decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduce [0081]), or
remove the power back-off from the radiofrequency transmitter, based on the proximity sensor data and based on a comparison of a time- averaged transmit power to a predefined time-averaged transmit power limit.
Claim 23. The method of claim 22, Yao et al. disclose,
wherein the predefined time-averaged transmit power limit comprises an upper threshold (read as the transmission power threshold value (e.g., Pmax) is calculated such that the following equation is satisfied: βxSins(DtPmax(T0+1))≤Sbud). [0071]).
Claim 25. The method of claim 22, Yao et al. disclose,
further comprising calculating the time-averaged transmit power of the communication device over a predetermined time duration (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A [0022]).
Claim 26. The method of claim 22, Yao et al. disclose,
wherein the predefined time-averaged transmit power limit is an averaging time period defined by one or more regulations specifying a Specific Absorption Rate (read as time domain running average SAR value (e.g., 302) is equal to or less than a transmission power threshold value (e.g., 315) (e.g., a regulatory compliance limit) [0023]).
Claim 27. The method of claim 22, Yao et al. disclose,
further comprising calculating the predefined time- averaged transmit power based on a sliding time-window (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A [0022] … time domain running average SAR value (e.g., 302) is equal to or less than a transmission power threshold value (e.g., 315) (e.g., a regulatory compliance limit) [0023]).
Claim 28. The method of claim 23, Yao et al. disclose,
further comprising comparing the time-averaged transmit power to the upper threshold of the predefined time-averaged transmit power limit (FIG. 7B and 8B, time averaged transmit power compared to maximum transmit power.), and
in response to the time-averaged transmit power being less than the upper threshold, determining not to apply the power back-off , or
in response to the time-averaged transmit power being greater than or equal to the upper threshold, determining to apply the power back-off (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A [0022] … time domain running average SAR value (e.g., 302) is equal to or less than a transmission power threshold value (e.g., 315) (e.g., a regulatory compliance limit) [0023]).
Claim 31. The method of claim 22, Yao et al. disclose,
further comprising not applying the power back-off in response to the processor detecting from the proximity sensor data that the communication device is not held close to the user's body (read as when the proximity distance Dt decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduce [0081]).
Claim 32. Yao et al. disclose A communication device (FIG. 1- 2 and 4) comprising a radiofrequency transmitter;
a proximity sensor (FIG. 2 and 4, proximity sensor), for generating proximity sensor data indicating whether the communication device is held close to a user's body (read as The proximity sensor 270 can include processor circuitry that is configured to detect the proximity of one or more objects to the communication device 140 [0034]); and
a processor (FIG. 2 processor) for:
determining, using the proximity sensor data, whether the communication device is held close to the user's body (read as The proximity sensor 270 can include processor circuitry that is configured to detect the proximity of one or more objects to the communication device 140 [0034]); and
implementing a time-averaged power control mechanism (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A, and adjust the instantaneous TX power (e.g., peak TX power 304) based on the average TX power [0022]) to apply a power back-off to the radiofrequency transmitter (read as when the proximity distance D.sub.t decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduce [0081]), or
remove the power back-off from the radiofrequency transmitter, based on the proximity sensor data and based on a comparison of a time- averaged transmit power to a predefined time-averaged transmit power limit.
Claim 33. The communication device of claim 32, Yao et al. disclose,
wherein the predefined time-averaged transmit power limit comprises an upper threshold (read as the transmission power threshold value (e.g., Pmax) is calculated such that the following equation is satisfied: βxSins(DtPmax(T0+1))≤Sbud). [0071]).
Claim 35. The communication device of claim 32, Yao et al. disclose,
wherein the processor is further for calculating the time-averaged transmit power of the communication device over a predetermined time duration (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A [0022]).
Claim 36. The communication device of claim 32, Yao et al. disclose,
wherein the predefined time-averaged transmit power limit is an averaging time period defined by one or more regulations specifying a Specific Absorption Rate (read as time domain running average SAR value (e.g., 302) is equal to or less than a transmission power threshold value (e.g., 315) (e.g., a regulatory compliance limit) [0023]).
Claim 37. The communication device of claim 32, Yao et al. disclose,
wherein the processor is further for calculating the predefined time-averaged transmit power based on a sliding time-window (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A [0022] … time domain running average SAR value (e.g., 302) is equal to or less than a transmission power threshold value (e.g., 315) (e.g., a regulatory compliance limit) [0023]).
Claim 38. The communication device of claim 33, Yao et al. disclose,
wherein the processor is further for comparing the time-averaged transmit power to the upper threshold of the predefined time-averaged transmit power limit (FIG. 7B and 8B, time averaged transmit power compared to maximum transmit power.), and
in response to the time-averaged transmit power being less than the upper threshold, determining not to apply the power back-off, or
in response to the time-averaged transmit power being greater than or equal to the upper threshold, determining to apply the power back-off (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A, and adjust the instantaneous TX power (e.g., peak TX power 304) based on the average TX power [0022])).
Claim 41. The communication device of claim 32, Yao et al. disclose,
wherein the processor is further for not applying the power back-off if the processor detects from the proximity sensor data that the communication device is not held close to the user's body (read as when the proximity distance Dt decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduced [0081]).
Claim 42. Yao et al. disclose A system comprising a radiofrequency transmitter (FIG. 1-2 and 4);
a proximity sensor (FIG. 2 and 4, proximity sensor), configured to generate proximity sensor data indicating whether the communication device is held close to a user's body (read as The proximity sensor 270 can include processor circuitry that is configured to detect the proximity of one or more objects to the communication device 140 [0034]); and
a processor (FIG. 2 processor) configured to:
determine, using the proximity sensor data, whether the communication device is held close to the user's body (read as The proximity sensor 270 can include processor circuitry that is configured to detect the proximity of one or more objects to the communication device 140 [0034]); and
implement a time-averaged power control mechanism (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A, and adjust the instantaneous TX power (e.g., peak TX power 304) based on the average TX power [0022]) to apply a power back-off to the radiofrequency transmitter (read as when the proximity distance D.sub.t decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduce [0081]), or
remove the power back-off from the radiofrequency transmitter, based on the proximity sensor data and based on a comparison of a time- averaged transmit power to a predefined time-averaged transmit power limit.
Claim 43. Yao et al. disclose A device comprising a radiofrequency transmitter (FIG. 1-2 and 4);
a processor (FIG. 2 processor) configured to:
receive proximity sensor data indicating whether the communication device is held close to a user's body ;
determine, using the proximity sensor data, whether the communication device is held close to the user's body (read as The proximity sensor 270 can include processor circuitry that is configured to detect the proximity of one or more objects to the communication device 140 [0034]); and
implement a time-averaged power control mechanism (read as calculate an average (e.g., time moving/running average) of the transmission (TX) power over time 302 as shown in FIG. 3A, and adjust the instantaneous TX power (e.g., peak TX power 304) based on the average TX power [0022]) to apply a power back-off to the radiofrequency transmitter (read as when the proximity distance D.sub.t decreases, (e.g., at 400 seconds), the transmission power threshold value (Pmax) 815 is reduce [0081]), or
remove the power back-off from the radiofrequency transmitter, based on the proximity sensor data and based on a comparison of a time- averaged transmit power to a predefined time-averaged transmit power limit.
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.
Claims 3, 14, 24 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al. (US 2018/0288709 A1) in view of Lu et al. (US 2022/0159582 A1).
Claim 3. The communication device of claim 2, Yao et al. do not explicitly disclose,
wherein the predefined time-averaged transmit power limit further comprises a lower threshold, less than the upper threshold.
However, in the related field of endeavor Lu et al. disclose: … a reserve power (Preserve) before the transmitter would be turned off to reserve enough transmit power margin (e.g., difference between Plimit and (Preserve)so that the UE can continue transmitting at the lower power (Preserve)to maintain a continuous transmission during the time window (e.g., maintain a radio connection with a receiving entity). In some aspects, (Preserve) is set at a minimum power used to maintain a link or at such minimum power plus a margin. [0094].
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Yao et al. with the teaching of Lu et al. in order to determining a transmit power while maintaining radio frequency (RF) exposure compliance (Lu et al. [0002]).
Claim 14. The non-transitory computer readable medium of claim 13, Yao et al. do not explicitly disclose,
wherein the predefined time-averaged transmit power limit further comprises a lower threshold, less than the upper threshold.
However, in the related field of endeavor Lu et al. disclose: … a reserve power (Preserve) before the transmitter would be turned off to reserve enough transmit power margin (e.g., difference between Plimit and (Preserve)so that the UE can continue transmitting at the lower power (Preserve)to maintain a continuous transmission during the time window (e.g., maintain a radio connection with a receiving entity). In some aspects, (Preserve) is set at a minimum power used to maintain a link or at such minimum power plus a margin. [0094].
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Yao et al. with the teaching of Lu et al. in order to determining a transmit power while maintaining radio frequency (RF) exposure compliance (Lu et al. [0002]).
Claim 24. The method of claim 23, Yao et al. do not explicitly disclose,
wherein the predefined time-averaged transmit power limit further comprises a lower threshold, less than the upper threshold.
However, in the related field of endeavor Lu et al. disclose: … a reserve power (Preserve) before the transmitter would be turned off to reserve enough transmit power margin (e.g., difference between Plimit and (Preserve)so that the UE can continue transmitting at the lower power (Preserve)to maintain a continuous transmission during the time window (e.g., maintain a radio connection with a receiving entity). In some aspects, (Preserve) is set at a minimum power used to maintain a link or at such minimum power plus a margin. [0094].
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Yao et al. with the teaching of Lu et al. in order to determining a transmit power while maintaining radio frequency (RF) exposure compliance (Lu et al. [0002]).
Claim 34. The communication device of claim 33, Yao et al. do not explicitly disclose,
wherein the predefined time-averaged transmit power limit further comprises a lower threshold, less than the upper threshold.
However, in the related field of endeavor Lu et al. disclose: … a reserve power (Preserve) before the transmitter would be turned off to reserve enough transmit power margin (e.g., difference between Plimit and (Preserve)so that the UE can continue transmitting at the lower power (Preserve)to maintain a continuous transmission during the time window (e.g., maintain a radio connection with a receiving entity). In some aspects, (Preserve) is set at a minimum power used to maintain a link or at such minimum power plus a margin. [0094].
Therefore, it would have been obvious to a person of ordinary skill in the art, at the time the invention was filed, to modify the teaching of Yao et al. with the teaching of Lu et al. in order to determining a transmit power while maintaining radio frequency (RF) exposure compliance (Lu et al. [0002]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to PTO-892.
Prior art included in PTO-892 disclose ideas related to the claimed idea. In this regard, Thorson et al. (US 9,491,706 B2) disclose the idea of controlling the transmit power of an electronic device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED RACHEDINE whose telephone number is (571)272-9249. The examiner can normally be reached Mon-Fri 8-5.
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, Jeanette J. Parker can be reached at (571)270-3647. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOHAMMED . RACHEDINE
Examiner
Art Unit 2649
/MOHAMMED RACHEDINE/Primary Examiner, Art Unit 2646
Prosecution Insights