CTNF 18/847,943 CTNF 72330 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-30-03 AIA 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. 07-30-05 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. Claim Rejections - 35 USC § 112 07-30-01 AIA 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. 07-31-02 AIA Claim s 1-6 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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Regarding claims 1 and 6, the limitation “control unit determines a transmission power that is applied to the fourth signal…. or a transmission power that is applied to the second signal in a case where the second signal and the fourth signal are simultaneously transmitted to the base station ” is not enabled. Para 124-126 of the specification describe simultaneous transmission but there is no corresponding disclose related to the control unit utilizing the simultaneous transmission to adjust the power . 07-30-02 AIA 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. 07-34-23 Claim limitation ““control unit determines a transmission power that is applied to the fourth signal….or a transmission power that is applied to the second signal in a case where the second signal and the fourth signal are simultaneously transmitted to the base station”” invokes 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. Para 124-126 of the specification describe simultaneous transmission but there is no corresponding disclose related to the control unit utilizing the simultaneous transmission to adjust the power. 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. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-12-aia AIA (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. 07-15-03-aia AIA Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Abedini (12,004,092) . Regarding claim 1, Abedini discloses a wireless relay device (repeater 205) comprising a communications unit (transceivers 230) configured to receive a first signal including a control information (path loss/ power control information, Figures 7-8) related to a relay function from a base station and perform a terminal function of transmitting a second signal to the base station (Col; 8;36-60) a control unit (processor 210) configured to control the relay unit based on the control information; and a relay unit configured to perform the relay function of receiving a third signal from the base station, transmitting the third signal to a terminal, receiving a fourth signal from the terminal, and transmitting the fourth signal to the base station (Col 10;36-Col. 11;10). Abedini discloses the control unit determining a transmission power that is applied to the fourth signal based on the control information (Col. 13;1-Col. 16;5 – use of path loss to determine power configuration, in particular Col; 14;18-40). Also note Col; 16;32-Col;17;30 Regarding claim 6, Abedini discloses a communications method performed by a wireless relay device, the communication method comprising: receiving a first signal including a control information (path loss/ power control information, Figures 7-8) related to a relay function from a base station and perform a terminal function of transmitting a second signal to the base station (Col; 8;36-60) , controlling the relay unit based on the control information; and performing the relay function of receiving a third signal from the base station, transmitting the third signal to a terminal, receiving a fourth signal from the terminal, and transmitting the fourth signal to the base station (Col 10;36-Col. 11;10). Abedini discloses determining a transmission power that is applied to the fourth signal based on the control information (Col. 13;1-Col. 16;5 – use of path loss to determine power configuration, in particular Col; 14;18-40). Also note Col; 16;32-Col;17;30 Regarding claims 2-3, Abedini discloses wherein the control unit determines the transmission power that is applied to the fourth signal is applied to second signal as well (Figure 7, steps 712 and 714 – gain value is applied to the received communication at the repeater as well as to the base station and Col; 19;60-68). Note that Figure 6 shows there are multiple paths between the terminal and the base station and hence, the second and fourth signals would not appear simultaneously, Col; 17;1-10. Regarding claims 4-5, Abedini discloses the communication unit transmits are port indicating at least one of a target transmit power related to the relay function or the terminal function to the base station (Col; 18;8-60). Abedini discloses the communications unit transmit a capability indicating whether or not to support power control based on control information (CSI-RS messages and SIB parameters are control indicators which determine the level of power control – if no adjustment is needed from these measurements, power control is not needed, i.e. – not supported by the data, Col. 16;45-55 and Col 23;1-20) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Cook (10715244) discloses gain control in a repeater. Almgren (2009/0080376) discloses simultaneous power control in uplink and downlink communcations. Wang (2023/0156751) discloses power control based on sidelink (relay) communicaitons. Echigo (2025/0056430) discloses relay communications with power control in uplink and downlink signals. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM GEORGE TROST IV whose telephone number is (571)272-7872. The examiner can normally be reached Monday-Thursday 7a-4p, Fridays 7a-2p. 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, Charles Appiah can be reached at 571-272-7904. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. WILLIAM GEORGE TROST IV Primary Patent Examiner Art Unit 2641 /WILLIAM G TROST IV/Primary Patent Examiner, Art Unit 2641 Application/Control Number: 18/847,943 Page 2 Art Unit: 2641 Application/Control Number: 18/847,943 Page 3 Art Unit: 2641 Application/Control Number: 18/847,943 Page 4 Art Unit: 2641 Application/Control Number: 18/847,943 Page 5 Art Unit: 2641 Application/Control Number: 18/847,943 Page 6 Art Unit: 2641 Application/Control Number: 18/847,943 Page 7 Art Unit: 2641 Application/Control Number: 18/847,943 Page 8 Art Unit: 2641
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