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 § 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 1, 5, 6, and 8 are rejected under 35 U.S.C. § 103 as being unpatentable over US 2023/0254879 (hereinafter, “YASUGI”) in view of US 2023/0232271 (hereinafter, “KAWAI”).
Regarding claim 1, YASUGI discloses:
A mobile terminal apparatus (mobile terminal 20) comprising:
a receiver (¶ 0228: receiver) that receives, from a base station apparatus (base station 1), information on a high-speed communication area (high-speed communication area A1a) in which a received power intensity of the mobile terminal apparatus is set to a predetermined value or more and data is able to be transmitted at a predetermined transmission rate or more; (¶ 0008: [T]o improve the power efficiency of a radio system, a radio communication apparatus such as a base station does not immediately start communication with a mobile terminal even when the mobile terminal enters a communication area of the radio communication apparatus, and may, for example, wait until the distance between the mobile terminal and the radio communication apparatus is less than or equal to a predetermined value (wait for the mobile terminal entering a high-speed communication area), to start communication with the mobile terminal; ¶ 0176: Scheduler 54 calculates the transmission time for transmission of content data to mobile terminal 20 from the size of content data requested by mobile terminal 20 and the bit rate of the high-speed communication area)
a processor (¶ 0228: processing/control circuitry) that determines whether transmission data transmitted [to] the mobile terminal apparatus is able to be transmitted within a range of the high-speed communication area, based on moving route information of the mobile terminal apparatus; and (Abstract: [W]ireless communication device comprises: a sensing unit that detects the position and size of each moving object including a mobile terminal; a route prediction unit that predicts a movement route of each moving object on the basis of the position of each moving object; a communication quality prediction unit that predicts a communication quality distribution of a communication area on the basis of the predicted movement route of each moving object and the size of each moving object; and a determination unit that acquires the predicted communication quality for the predicted movement route of the mobile terminal on the basis of the communication quality distribution, and determines a communication startup timing for the mobile terminal on the basis of the predicted communication quality)
a transmitter (¶ 0228 transmitter) that transmits the transmission data within the range of the high-speed communication area when the transmission data is able to be transmitted within the range of the high-speed communication area. (¶ 0048: As illustrated in FIG. 2A, mobile terminal 2 enters high-speed communication area A1a of base station 1. When mobile terminal 2 enters high-speed communication area A1a, it starts data download. In other words, even when mobile terminal 2 enters low-speed communication area A1b, base station 1 does not allow the data download, and when mobile terminal 2 enters high-speed communication area A1a, base station 1 allows the data download; ¶ 0228: The present disclosure can be realized by any kind of apparatus, device or system having a function of communication, which is referred to as a communication apparatus. The communication apparatus may comprise a transceiver and processing/control circuitry. The transceiver may comprise and/or function as a receiver and a transmitter. . . . [A] communication apparatus include a phone (e.g., cellular (cell) phone, smart phone), a tablet, a personal computer (PC) (e.g., laptop, desktop, netbook), a camera (e.g., digital still/video camera), a digital player (digital audio/video player), a wearable device (e.g., wearable camera, smart watch, tracking device), a game console, a digital book reader, a telehealth/telemedicine (remote health and medicine) device, and a vehicle providing communication functionality (e.g., automotive, airplane, ship); ¶ 0232: The communication apparatus also may include an infrastructure facility, such as, e.g., a base station, an access point, and any other apparatus, device or system that communicates with or controls apparatuses)
YASUGI does not explicitly disclose upload transmissions.
In the same field of endeavor, however, KAWAI teaches:
transmission data transmitted by the mobile terminal (¶ 0086: [T]he uplink radio wave map is used for evaluation of the uplink radio wave propagation path, and the downlink radio wave map is used for evaluation of the downlink radio wave propagation path. In the first embodiment, the in-vehicle device 1 functions as the data transmission device 100 and uses the uplink, thereby the radio wave map for the uplink is used. . . . [I]f it is possible to evaluate that the uplink and downlink propagation environments are the same, the downlink radio wave map may be used for uplink evaluation, and the uplink radio wave map may be used for downlink evaluation. For example, there is a TDD (Time Division Duplex) mode in which the uplink and downlink use the same frequency band)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify YASUGI’s mobile terminal route prediction procedure to provide uplink transmissions as taught by KAWAI so as to efficiently transmit and receive transmission along a future path of travel according to a communication plan based on a radio wave map and a current position of the mobile terminal. See KAWAI, at ¶ 0022.
Regarding claim 5, the combination of YASUGI and KAWAI, as applied above, renders obvious the mobile terminal apparatus of claim 1. YASUGI further discloses:
wherein, when the transmission data is not able to be transmitted within the range of the high-speed communication area, the transmitter transmits the transmission data at the predetermined transmission rate or more within the range of the high-speed communication area and transmits the remaining transmission data outside the range of the high-speed communication area. (¶ 0056: [W]hen it is predicted that the communication quality in the movement path of the mobile terminal decreases in the high-speed communication area in the future, the radio system starts the data communication when the mobile terminal is located in the low-speed communication area; ¶ 0180: [S]cheduler 54 does not have to stand by for the transmission processing for transmission of the content data also when the size of the content data requested to be downloaded by mobile terminal 20 is small and the transmission of the content data is to be completed immediately (for example, within a predetermined time period) regardless of the bit rate)
Regarding claim 6, YASUGI discloses:
A base station apparatus (base station 1) that performs radio communication with a mobile terminal apparatus (mobile terminal 20), the base station apparatus comprising:
a processor (CPU 13a) that sets a high-speed communication area in which a received power intensity of the mobile terminal apparatus is set to a predetermined value or more and data is able to be transmitted at a predetermined transmission rate or more, and that determines whether transmission data transmitted [to] the mobile terminal apparatus is able to be transmitted within a range of the high-speed communication area (high-speed communication area A1a) based on moving route information of the mobile terminal apparatus; and (¶ 0042: Base station 1 forms a communication area. As illustrated in FIG. 1A, the communication area may be divided into, for example, high-speed communication area A1a and low-speed communication area A1b in which the communication speed is lower than that in the high-speed communication area. For example, the communication area may be divided into high-speed communication area A1a in which the communication speed is equal to or higher than a predetermined value; ¶ 0048: As illustrated in FIG. 2A, mobile terminal 2 enters high-speed communication area A1a of base station 1. When mobile terminal 2 enters high-speed communication area A1a, it starts data download. In other words, even when mobile terminal 2 enters low-speed communication area A1b, base station 1 does not allow the data download, and when mobile terminal 2 enters high-speed communication area A1a, base station 1 allows the data download; ¶ 0008: [T]o improve the power efficiency of a radio system, a radio communication apparatus such as a base station does not immediately start communication with a mobile terminal even when the mobile terminal enters a communication area of the radio communication apparatus, and may, for example, wait until the distance between the mobile terminal and the radio communication apparatus is less than or equal to a predetermined value (wait for the mobile terminal entering a high-speed communication area), to start communication with the mobile terminal)
a transmitter (antenna 14) that transmits the transmission data within the range of the high-speed communication area when the transmission data is able to be transmitted within the range of the high-speed communication area. (¶ 0048: As illustrated in FIG. 2A, mobile terminal 2 enters high-speed communication area A1a of base station 1. When mobile terminal 2 enters high-speed communication area A1a, it starts data download. In other words, even when mobile terminal 2 enters low-speed communication area A1b, base station 1 does not allow the data download, and when mobile terminal 2 enters high-speed communication area A1a, base station 1 allows the data download; ¶ 0228: The present disclosure can be realized by any kind of apparatus, device or system having a function of communication, which is referred to as a communication apparatus. The communication apparatus may comprise a transceiver and processing/control circuitry. The transceiver may comprise and/or function as a receiver and a transmitter. . . . [A] communication apparatus include a phone (e.g., cellular (cell) phone, smart phone), a tablet, a personal computer (PC) (e.g., laptop, desktop, netbook), a camera (e.g., digital still/video camera), a digital player (digital audio/video player), a wearable device (e.g., wearable camera, smart watch, tracking device), a game console, a digital book reader, a telehealth/telemedicine (remote health and medicine) device, and a vehicle providing communication functionality (e.g., automotive, airplane, ship); ¶ 0232: The communication apparatus also may include an infrastructure facility, such as, e.g., a base station, an access point, and any other apparatus, device or system that communicates with or controls apparatuses)
YASUGI does not explicitly disclose upload transmissions.
In the same field of endeavor, however, KAWAI teaches:
transmission data transmitted by the mobile terminal (¶ 0086: [T]he uplink radio wave map is used for evaluation of the uplink radio wave propagation path, and the downlink radio wave map is used for evaluation of the downlink radio wave propagation path. In the first embodiment, the in-vehicle device 1 functions as the data transmission device 100 and uses the uplink, thereby the radio wave map for the uplink is used. . . . [I]f it is possible to evaluate that the uplink and downlink propagation environments are the same, the downlink radio wave map may be used for uplink evaluation, and the uplink radio wave map may be used for downlink evaluation. For example, there is a TDD (Time Division Duplex) mode in which the uplink and downlink use the same frequency band)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify YASUGI’s mobile terminal route prediction procedure to provide uplink transmissions as taught by KAWAI so as to efficiently transmit and receive transmission along a future path of travel according to a communication plan based on a radio wave map and a current position of the mobile terminal. See KAWAI, at ¶ 0022.
Regarding claim 8, YASUGI discloses:
A radio communication method performed by a radio communication system in which a base station apparatus (base station 1) and a mobile terminal apparatus (mobile terminal 20) perform radio communication, the radio communication method comprising:
setting a high-speed communication area in which a received power intensity of the mobile terminal apparatus is set to a predetermined value or more and data is able to be transmitted at a predetermined transmission rate or more; (¶ 0042: Base station 1 forms a communication area. As illustrated in FIG. 1A, the communication area may be divided into, for example, high-speed communication area A1a and low-speed communication area A1b in which the communication speed is lower than that in the high-speed communication area. For example, the communication area may be divided into high-speed communication area A1a in which the communication speed is equal to or higher than a predetermined value; ¶ 0048: As illustrated in FIG. 2A, mobile terminal 2 enters high-speed communication area A1a of base station 1. When mobile terminal 2 enters high-speed communication area A1a, it starts data download. In other words, even when mobile terminal 2 enters low-speed communication area A1b, base station 1 does not allow the data download, and when mobile terminal 2 enters high-speed communication area A1a, base station 1 allows the data download; ¶ 0008: [T]o improve the power efficiency of a radio system, a radio communication apparatus such as a base station does not immediately start communication with a mobile terminal even when the mobile terminal enters a communication area of the radio communication apparatus, and may, for example, wait until the distance between the mobile terminal and the radio communication apparatus is less than or equal to a predetermined value (wait for the mobile terminal entering a high-speed communication area), to start communication with the mobile terminal)
determining whether transmission data transmitted [to] the mobile terminal apparatus is able to be transmitted within a range of the high-speed communication area, based on moving route information of the mobile terminal apparatus; and (Abstract: [W]ireless communication device comprises: a sensing unit that detects the position and size of each moving object including a mobile terminal; a route prediction unit that predicts a movement route of each moving object on the basis of the position of each moving object; a communication quality prediction unit that predicts a communication quality distribution of a communication area on the basis of the predicted movement route of each moving object and the size of each moving object; and a determination unit that acquires the predicted communication quality for the predicted movement route of the mobile terminal on the basis of the communication quality distribution, and determines a communication startup timing for the mobile terminal on the basis of the predicted communication quality)
transmitting the transmission data within the range of the high-speed communication area when the transmission data is able to be transmitted within the range of the high-speed communication area. (¶ 0048: As illustrated in FIG. 2A, mobile terminal 2 enters high-speed communication area A1a of base station 1. When mobile terminal 2 enters high-speed communication area A1a, it starts data download. In other words, even when mobile terminal 2 enters low-speed communication area A1b, base station 1 does not allow the data download, and when mobile terminal 2 enters high-speed communication area A1a, base station 1 allows the data download; ¶ 0228: The present disclosure can be realized by any kind of apparatus, device or system having a function of communication, which is referred to as a communication apparatus. The communication apparatus may comprise a transceiver and processing/control circuitry. The transceiver may comprise and/or function as a receiver and a transmitter. . . . [A] communication apparatus include a phone (e.g., cellular (cell) phone, smart phone), a tablet, a personal computer (PC) (e.g., laptop, desktop, netbook), a camera (e.g., digital still/video camera), a digital player (digital audio/video player), a wearable device (e.g., wearable camera, smart watch, tracking device), a game console, a digital book reader, a telehealth/telemedicine (remote health and medicine) device, and a vehicle providing communication functionality (e.g., automotive, airplane, ship); ¶ 0232: The communication apparatus also may include an infrastructure facility, such as, e.g., a base station, an access point, and any other apparatus, device or system that communicates with or controls apparatuses)
YASUGI does not explicitly disclose upload transmissions.
In the same field of endeavor, however, KAWAI teaches:
transmission data transmitted by the mobile terminal (¶ 0086: [T]he uplink radio wave map is used for evaluation of the uplink radio wave propagation path, and the downlink radio wave map is used for evaluation of the downlink radio wave propagation path. In the first embodiment, the in-vehicle device 1 functions as the data transmission device 100 and uses the uplink, thereby the radio wave map for the uplink is used. . . . [I]f it is possible to evaluate that the uplink and downlink propagation environments are the same, the downlink radio wave map may be used for uplink evaluation, and the uplink radio wave map may be used for downlink evaluation. For example, there is a TDD (Time Division Duplex) mode in which the uplink and downlink use the same frequency band)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify YASUGI’s mobile terminal route prediction procedure to provide uplink transmissions as taught by KAWAI so as to efficiently transmit and receive transmission along a future path of travel according to a communication plan based on a radio wave map and a current position of the mobile terminal. See KAWAI, at ¶ 0022.
Claims 2 and 3 are rejected under 35 U.S.C. § 103 as being unpatentable over YASUGI in view of KAWAI, and further in view of US 2022/0314988 (hereinafter, “ZHOU”).
Regarding claim 2, the combination of YASUGI and KAWAI, as applied above, renders obvious the mobile terminal apparatus of claim 1. YASUGI further discloses:
wherein . . . a period of time during which the mobile terminal apparatus passes through the high-speed communication area becomes longer . . . and the transmission data is not able to be transmitted within the range of the high-speed communication area. (¶ 0056: [W]hen it is predicted that the communication quality in the movement path of the mobile terminal decreases in the high-speed communication area in the future, the radio system starts the data communication when the mobile terminal is located in the low-speed communication area; ¶ 0180: [S]cheduler 54 does not have to stand by for the transmission processing for transmission of the content data also when the size of the content data requested to be downloaded by mobile terminal 20 is small and the transmission of the content data is to be completed immediately (for example, within a predetermined time period) regardless of the bit rate)
YASUGI does not explicitly disclose:
wherein the processor changes a moving process of the mobile terminal apparatus so that a period of time during which the mobile terminal apparatus passes through high-speed communication area becomes longer when the moving process of the mobile terminal apparatus is changeable . . . .
In the same field of endeavor, however, ZHOU teaches:
wherein the processor changes a moving process of the mobile terminal apparatus so that a period of time during which the mobile terminal apparatus passes through [a target] communication area becomes longer when the moving process of the mobile terminal apparatus is changeable (¶ 0015: [L]istening to whether a vehicle enters the target area includes: monitoring whether a vehicle enters a cellular network cell in which the speed control device is located; and if a vehicle enters, establishing a communication connection between the speed control device and the vehicle through a SIM card installed on the speed control device, where the SIM card is a SIM card based on the cellular network)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify YASUGI’s mobile terminal route prediction procedure to provide vehicular controls as taught by ZHOU so as to change a movement of the vehicle based on the vehicle’s presence within a target area cell, such that current road/traffic conditions are used to trigger movement controls of a vehicle within the target area cell. See ZHOU, at ¶ 0015.
Regarding claim 3, the combination of YASUGI, KAWAI and ZHOU, as applied above, renders obvious the mobile terminal apparatus of claim 2. YASUGI further discloses:
wherein, when the transmission data is not able to be transmitted within the range of the high-speed communication area, (¶ 0056: [W]hen it is predicted that the communication quality in the movement path of the mobile terminal decreases in the high-speed communication area in the future, the radio system starts the data communication when the mobile terminal is located in the low-speed communication area; ¶ 0180: [S]cheduler 54 does not have to stand by for the transmission processing for transmission of the content data also when the size of the content data requested to be downloaded by mobile terminal 20 is small and the transmission of the content data is to be completed immediately (for example, within a predetermined time period) regardless of the bit rate)
YASUGI does not explicitly disclose:
the processor decreases a moving speed of the mobile terminal apparatus or stops the movement of the mobile terminal apparatus for a predetermined period of time in the high-speed communication area.
In the same field of endeavor, however, ZHOU teaches:
the processor decreases a moving speed of the mobile terminal apparatus or stops the movement of the mobile terminal apparatus for a predetermined period of time in the [target] communication area. (¶ 0015: [L]istening to whether a vehicle enters the target area includes: monitoring whether a vehicle enters a cellular network cell in which the speed control device is located; and if a vehicle enters, establishing a communication connection between the speed control device and the vehicle through a SIM card installed on the speed control device, where the SIM card is a SIM card based on the cellular network)
Claim 4 is rejected under 35 U.S.C. § 103 as being unpatentable over YASUGI in view of KAWAI, and ZHOU, and further in view of JP 2008-236381 (hereinafter, “TAKESHI”).
Regarding claim 4, the combination of YASUGI, KAWAI, and ZHOU, as applied above, renders obvious the mobile terminal apparatus of claim 2. YASUGI further discloses:
wherein, when the transmission data is not able to be transmitted within the range of the high-speed communication area, (¶ 0056: [W]hen it is predicted that the communication quality in the movement path of the mobile terminal decreases in the high-speed communication area in the future, the radio system starts the data communication when the mobile terminal is located in the low-speed communication area; ¶ 0180: [S]cheduler 54 does not have to stand by for the transmission processing for transmission of the content data also when the size of the content data requested to be downloaded by mobile terminal 20 is small and the transmission of the content data is to be completed immediately (for example, within a predetermined time period) regardless of the bit rate)
YASUGI does not explicitly disclose:
the processor selects a route in which a period of time during which the mobile terminal apparatus passes through the high-speed communication area is the longest or a route in which an integral value of a distance between the mobile terminal apparatus and the base station apparatus is the smallest in the high-speed communication area.
In the same field of endeavor, however, TAKESHI teaches:
the processor selects a route in which a period of time during which the mobile terminal apparatus passes through the high-speed communication area is the longest or a route in which an integral value of a distance between the mobile terminal apparatus and the base station apparatus is the smallest in the high-speed communication area. (Abstract: Based on a communication line to be used and destination information, the mobile communication terminal apparatus searches for a route through which the most efficient communication can be performed while moving from the current location to the destination; p. 5: [B]ased on the destination information and the communication line information, the route search unit 23D searches for a route on which the mobile communication terminal apparatus can use the optimum line while moving from the current location to the destination. . . . An algorithm such as selecting a route with the lowest communication cost from routes that match the conditions can be given. . . . In the case of the route search algorithm as described above, for example, as shown in FIG. 4, the route B that is the shortest route is not simply selected, but is selected in consideration of the various communication conditions described above. Route A, which is the selected route, is selected)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify YASUGI’s mobile terminal route prediction procedure to provide route length-agnostic route search and selection as taught by TAKESHI to provide route selection according to communication conditions, so as to enable use of an optimum link enroute to a destination, as a basis for selecting a route with the lowest communication cost from routes that match the conditions. See TAKESHI, at p. 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Garth D Richmond whose telephone number is (703)756-4559. The Examiner can normally be reached M-F 8 a.m. - 5 p.m. ET.
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, Kathy Wang-Hurst can be reached at 571-270-5371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARTH D RICHMOND/ Examiner, Art Unit 2644
/KATHY W WANG-HURST/ Supervisory Patent Examiner, Art Unit 2644
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