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 .
This is in response to amendment, filed on 4/27/2026, in which claims 1-2, 4-14, 17 and 18 are pending and claims 3 and 15-16 are cancelled. The applicant’s amendments have been fully considered but they are moot based on the new ground of rejection. Hence this case is made final.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 8-11 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 31-33 of copending Application No. 18/838,655 in view of Krishnaswamy et al (US 20200412519 A1).
However the copending Application No. 18/838,655 does not teach the repeater node performing a random access procedure with respect to the network node (see mapping below).
Krishnaswamy et al (US 20200412519 A1) teaches repeater node performing a random access procedure with respect to the network node (see para [0129] for……The repeater will have to behave like a UE on the donor link at least for the purpose of beam management. This would imply that upon acquisition, the repeater should send a random-access signal to the gNB to establish a connection and get an ID from the gNB. Subsequently, it will monitor the downlink control channel and send uplink control channels as required by 5G spec to execute beam management).
It would have been obvious to one of ordinary skill in the art, at the time of filing or before the effective filing date of the claimed invention, to modify the Copending application to include repeater node performing a random access procedure with respect to the network node so that the repeater would have to behave like a UE on the donor link at least for the purpose of beam management. Furthermore the preferred beam processing could discover that a better Rx beam than the one currently being used also requires the gNB's Tx beam to change. Such modification would facilitate the repeater to accurately set its Rx beam correctly for the new gNB Tx beam and subsequently to reduce minimize interference between the uplink and downlink signal paths during the beam management operation.
This is a provisional nonstatutory double patenting rejection.
18/841,050 (instant)
18/838,655 (co-pending)
8. A computer implemented method performed in a repeater node, the method comprising;
The repeater configuring an antenna system of the repeater node to receive a radio signal from a network node,
The repeater evaluating a signal quality metric for at least two candidate antenna beams of the antenna system,
The repeater selecting a preferred antenna beam out of the at least two candidate antenna beams for communication with the network node.
the repeater node performing a random access procedure with respect to the network node.
31. A computer implemented method performed in a repeater node, the method comprising;
configuring an antenna system of the repeater node to receive a radio signal from a network node,
evaluating a signal quality metric for at least two candidate antenna beams of the antenna system,
selecting a preferred antenna beam out of the at least two candidate antenna beams for communication with the network node.
Regarding claim 9 (Instant Application), claim 32 (Co-Pending Application Co-Pending Application 18/838,655) discloses similar claim limitations.
Regarding claim 10 (Instant Application), claim 33 (Co-Pending Application Co-Pending Application 18/838,655) discloses the claim limitations.
Regarding claim 11 (Instant Application), claim 33 (Co-Pending Application Co-Pending Application 18/838,655) discloses the claim limitations.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
-----Claim(s) 8-12, 14 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over TEKGUL et al US (US 20210243622 A1) in view of Krishnaswamy et al (US 20200412519 A1).
As per claim 8, TEKGUL et al teaches a computer implemented method performed in a repeater node (see fig.2 or 4 element 204), the method comprising the repeater configuring an antenna system (see fig.2 elements 222 and 224 and para [0041] for…. repeater 204 can include a controller 220 that can control multiple phased arrays 222, 224 (e.g., arrays of antennas))) of the repeater node (see fig.2 element 204 ) to receive a radio signal from a network node (see fig.2 element 102 and para [0038] for….. The base station may also be referred to as a gNB, Node B, evolved Node B (eNB), an access point, a base transceiver station, a radio base station, a radio transceiver and para [0044] for….. repeater 204 can receive an analog signal from a base station 102 and para [0045] for…. for beamforming communications between a base station, one or more repeaters, one or more UEs, etc. A base station 102 can communicate with one or more repeaters 204 using one or more beams (e.g., two beams are shown), which may be determined or selected from a set of multiple possible beams that the base station 102); the repeater evaluating a signal quality metric for at least two candidate antenna beams of the antenna system (see fig.4 element 442 and para [0066] for…. parameter determining component 442 can measure the channel quality metric of the one or more transmitted downlink beams received at Block 602….. parameter determining component 442 can measure the channel quality metric of the one or more transmitted downlink beams as a raw measurement, such as SNR, SINR, RSRP, reference signal received quality (RSRQ), etc., or other measurements, such as channel quality) , the repeater selecting an antenna beam out of the at least two candidate antenna beams for communication with the network node (see para [0066] for…. parameter determining component 442 may report the measured channel quality metric for a beam selected for communications between the serving base station and the repeater 204).
However TEKGUL et al does not explicitly teach selecting an antenna beam is a preferred antenna beam.
Krishnaswamy et al teaches selecting an antenna beam is a preferred antenna beam (see para [0124] for….. From the set of Rx beams, the repeater selects the best and sets it to that value. The chosen Rx beam will also be used as the Tx beam for transmitting to the base station, e.g., gNB).
It would have been obvious to one of ordinary skill in the art, at the time of filing or before the effective filing date of the claimed invention, to modify TEKGUL to include selecting a preferred antenna beam in order to manage air interface communications between network node, repeater and wireless device. Such a repeater would be able to receive a signal distorted by transmission losses and to regenerate or replicate the signal. Furthermore the repeater would include a donor antenna that would communicate with a base station, a coverage antenna that would communicate with wireless device. Such modification would facilitate the network node to improve the spectral efficiency and thereby boost the overall system communication capacity.
As per claim 9, TEKGUL and Krishnaswamy in combination would teach receiving (Sd0) information related to the repeater node, where the antenna system of the repeater node is at least partly configured based on the received information (see TEKGUL para [0045] for…. A base station 102 can communicate with one or more repeaters 204 using one or more beams (e.g., two beams are shown), which may be determined or selected from a set of multiple possible beams that the base station 102)) in order to manage air interface communications between network node, repeater and wireless device. Such a repeater would be able to receive a signal distorted by transmission losses and to regenerate or replicate the signal. Furthermore the repeater would include a donor antenna that would communicate with a base station, a coverage antenna that would communicate with wireless device. Such modification would facilitate the network node to improve the spectral efficiency and thereby boost the overall system communication capacity.
As per claim 10, TEKGUL and Krishnaswamy in combination would teach comprising evaluating the at least two candidate antenna beams based on a beam management procedure (see TEKGUL para [0043] for…. For example, the nodes can perform a beam management procedure) involving a wireless device (see fig.1 element 104 and para [0038] for….The UE 104 may also be referred to,….. a wireless device) served via the repeater node in order to manage air interface communications between network node, repeater and wireless device. Such a repeater would be able to receive a signal distorted by transmission losses and to regenerate or replicate the signal. Furthermore the repeater would include a donor antenna that would communicate with a base station, a coverage antenna that would communicate with wireless device. Such modification would facilitate the network node to improve the spectral efficiency and thereby boost the overall system communication capacity.
As per claim 11, TEKGUL and Krishnaswamy in combination would teach comprising evaluating (Sd22) the at least two candidate antenna beams (540) based on a received signal power and/or based on a measured signal-to-noise and interference ratio, SINR (see TEKGUL para [0066] for….. parameter determining component 442 can measure the channel quality metric of the one or more transmitted downlink beams as a raw measurement, such as SNR, SINR, RSRP, reference signal received quality (RSRQ), etc., or other measurements, such as channel quality) in order to manage air interface communications between network node, repeater and wireless device. Such a repeater would be able to receive a signal distorted by transmission losses and to regenerate or replicate the signal. Furthermore the repeater would include a donor antenna that would communicate with a base station, a coverage antenna that would communicate with wireless device. Such modification would facilitate the network node to improve the spectral efficiency and thereby boost the overall system communication capacity.
As per claim 12, TEKGUL and Krishnaswamy in combination would teach comprising performing a random access procedure (see TEKGUL para [0050] for…. Memory 416 can include any type of computer-readable medium usable by a computer or at least one processor 412, such random access memory (RAM)) with respect to the network node in order to manage air interface communications between network node, repeater and wireless device. Such a repeater would be able to receive a signal distorted by transmission losses and to regenerate or replicate the signal. Furthermore the repeater would include a donor antenna that would communicate with a base station, a coverage antenna that would communicate with wireless device. Such modification would facilitate the network node to improve the spectral efficiency and thereby boost the overall system communication capacity.
As per claim 14, TEKGUL et al teaches a network node arranged to configure an antenna arrays system, of the network node to generate a relay antenna beam associated with transmission to and from a repeater node of the network node, where the network node comprises: processing circuitry (see fig.4 element 412); a network interface (see fig.2 element 228) coupled to the processing circuitry; and a storage medium (see fig.4 element 416) coupled to the processing circuitry, wherein the medium comprises machine readable computer program instructions that, when executed by the processing circuitry (see para [0050] for… memory 416 may be a non-transitory computer-readable storage medium that stores one or more computer-executable codes defining communicating component 242 and/or one or more of its subcomponents, and/or data associated therewith, when repeater 204 is operating at least one processor 412) and claim 14 is rejected under the same rational as described in claim 8 above.
As per claim 18, TEKGUL and Krishnaswamy in combination would teach a non-transitory computer readable medium storing instructions which when executed by processing circuitry of the repeater node causes the repeater node to perform the computer implemented method (see TEKGUL para [0050] for…. memory 416 may be a non-transitory computer-readable storage medium that stores one or more computer-executable codes defining communicating component 242 and/or one or more of its subcomponents, and/or data associated therewith, when repeater 204 is operating at least one processor 412) in order to manage air interface communications between network node, repeater and wireless device. Such a repeater would be able to receive a signal distorted by transmission losses and to regenerate or replicate the signal. Furthermore the repeater would include a donor antenna that would communicate with a base station, a coverage antenna that would communicate with wireless device. Such modification would facilitate the network node to improve the spectral efficiency and thereby boost the overall system communication capacity.
Allowable Subject Matter
Claims 1-2, 4-7, 13 and 17 are allowed over the prior art of record.
The following is an examiner’s statement of reasons for allowance: receiving the information related to the repeater node comprises receiving coordinates of the repeater node, and determining the configuration of the relay antenna beam based on the information comprises: using coordinates of the network node and the coordinates of the repeater node, determining a line of sight (LOS) direction from the network node to the repeater node; and using the LOS direction to determine the configuration of the relay beam.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240364414 A1 or US 20210075474 A.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL BAYARD whose telephone number is (571)272-3016. The examiner can normally be reached 6-9.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ahn K Sam can be reached at 571-272-3044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EMMANUEL BAYARD/Primary Examiner, Art Unit 2633
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