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 § 102
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 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 1-7, 9-12, 16, and 20-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walley (6,114,888) [Walley].
Regarding claims 1, 23, 25, and 26, Walley discloses a transmitter for operation with restricted power consumption, wherein the transmitter comprises:
a signal generation oscillator configured to provide a signal for transmission (fig. 2 voltage controlled oscillator 213);
a phase-locked loop configured to calibrate an oscillator frequency of the signal generation oscillator in relation to a reference frequency, by providing a first control signal to the signal generation oscillator (fig. 2 col. 4 lines 23-54); and
holding circuitry configured to maintain a digital representation of the first control signal provided by the PLL, for provision of a second control signal to the signal generation oscillator when the PLL is inactive (fig. 3 sample and hold 315).
Regarding claim 2, Walley discloses the transmitter of claim 1, wherein the PLL has a feedback path from the signal generation oscillator (fig. 2).
Regarding claim 3, Walley discloses the transmitter of claim 2, wherein the feedback path comprises a frequency divider configured to specify a ratio between the reference frequency and the oscillator frequency (fig. 2, divide by N 217).
Regarding claim 4, Walley discloses the transmitter of claim 2, wherein the PLL comprises:
an error detector configured to receive the reference frequency and a feedback signal provided by the feedback path, and to provide a corresponding phase difference indicated (fig. 2 phase detector 205); and
a loop filter configured to provide the first control signal based on the phase difference indicated (fig. 2, loop filter 209).
Regarding claim 5, Walley discloses the transmitter of claim 4, wherein the PLL is an analog PLL and further comprises one or more controlled current sources configured to provide charging based on the phase difference indicator, and wherein the loop filter is configured to provide the first control signal responsive to the charging (fig. 3 charge pump 307).
Regarding claim 6, Walley discloses the transmitter of claim 1, further comprising a reference oscillator configured to provide the reference frequency (fig. 3, VCO 317).
Regarding claim 7, Walley discloses the transmitter of claim 1, wherein the holding circuitry comprises a successive approximation register, (SAR) (fig. 3, sample and hold circuit 315, col. 5. lines 14-30).
Regarding claim 9, Walley discloses the transmitter of claim 1, further comprising comparing circuitry configured to provide an input to the holding circuitry based on a difference between the first control signal and the second control signal (fig. 2 phase detector 205 comparing output of frequency divider 217 to reference frequency 203).
Regarding claim 10, Walley discloses the transmitter of claim 1, further comprising switching circuitry configured to provide the first control signal to the signal generation oscillator when the PLL is active, and to provide the second control signal to the signal generation oscillator when the PLL is inactive (fig. 3, sample and hold circuit 315).
Regarding claim 11, Walley discloses the transmitter of claim 1, further comprising controlling circuitry configured to cause the PLL to be active during a calibration phase, wherein the first control signal is provided to the signal generation oscillator during the calibration phase (enabled duty cycle, col. 6 lines 7-32);
the holding circuitry and the PLL to be active during a settling phase, wherein the settling phase follows the calibration phase, wherein the first control signal is provided to the signal generation oscillator during the settling phase, and wherein the digital representation of the first control signal is attained by the holding circuitry during the settling phase (enabled duty cycle, col. 6 lines 7-32); and
the holding circuitry to be active and the PLL to be inactive during a maintenance phase, wherein the maintenance phase follows the settling phase, and wherein the second control signal is provided to the signal generation oscillator during the maintenance phase (disabled duty cycle where second signal is provided by sample and hold circuit, col. 6 lines 7-32).
Regarding claim 12, Walley discloses the transmitter of claim 1, wherein the signal generation oscillator is operatively connectable to an antenna via a tapping circuitry (fig. 2, output frequency signal 215).
Regarding claim 16, Walley discloses the transmitter of claim 1, wherein the second control signal is an approximation of the first control signal (fig. 3, held signal from the sample and hold circuit 315).
Regarding claims 20 and 27-28, Walley discloses the transmitter and communication device of claims 1 and 26, wherein a default transceiver is comprised in a same communication device as the transmitter, wherein the default transceiver is configured for operation with power consumption which is higher than the restricted power consumption of the transmitter and configured to be inactive while the communication device is in sleep mode, and wherein the signal for transmission comprises a signal to be transmitted when the communication device is in sleep mode (such as a portable phone that only activates the default transceiver during calls and remains in a low power monitoring state otherwise, col. 7 lines 1-22).
Regarding claims 21 and 24, Walley discloses the transmitter and integrated circuit of claims 20 and 23, wherein the signal to be transmitted when the communication device is in the sleep mode comprises a response to, or confirmation of, a message received by a wake-up receiver (WUR) comprised in the same communication device as the transmitter (portable phone, col. 7 lines 1-22, see also fig. 4 col. 6 lines 46-62).
Regarding claim 22, Walley discloses the transmitter of claim 1, wherein the signal for transmission comprises an amount of data which is smaller than a data amount threshold (inherent, the data amount threshold claimed is undefined and any arbitrarily selected threshold higher than the output capabilities of the transmission device meets the claimed limitation).
Regarding claim 29, Walley discloses the communication device of claim 26, wherein the communication device is powered only by a non-changeable, or non-rechargeable, power source and/or unpredictable power supply (fig. 3 power source 335).
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.
Claims 8 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Walley.
Regarding claim 8, Walley discloses the transmitter of claim 1, but fails to disclose a digital-to-analog converter (DAC) configured to provide the second control signal to the signal generation oscillator based on the digital representation of the first control signal maintained by the holding circuitry.
Walley does disclose the circuitry in use for feeding control signals to the oscillator may be digital or analog (col. 4 line 66 – col. 5 line 13) and examiner takes official notice that using a DAC to digitize analog signals for use in a digital controller was notoriously well known in the art at the time of effective filing.
It would have been obvious at the time of effective filing to include a digital-to-analog converter (DAC) configured to provide the second control signal to the signal generation oscillator based on the digital representation of the first control signal maintained by the holding circuitry.
Regarding claims 17-19, Walley discloses the transmitter of claim 1, wherein the transmitter is configured to modulate the signal for transmission using frequency shift keying (FSK), wherein the transmitter is configured to dynamically adjust - for each FSK symbol - the digital representation of the first control signal provided by the holding circuitry to provide the second control signal as having a value that corresponds to the frequency for the FSK symbol, wherein the signal generation oscillator comprises a varactor configured to provide a shift of the frequency provided by the signal generation oscillator, and wherein the transmitter is configured to dynamically adjust - for each FSK symbol - a bias voltage of the varactor to provide the shift of the frequency provided by the signal generation oscillator as corresponding to the frequency shift for the FSK symbol.
Examiner takes official notice that the use of FSK as a modulation scheme was notoriously well known in the art at the time of effective filing. The details recited above regarding making dynamic adjustments to the control signals (output of the sample and hold circuit) using a varactor controlled via a bias voltage is simple the means by which conventional FSK is performed.
It would have been obvious at the time of effective filing to a person of ordinary skill in the art to modify the transmitter of Walley to include the transmitter is configured to modulate the signal for transmission using frequency shift keying (FSK), wherein the transmitter is configured to dynamically adjust - for each FSK symbol - the digital representation of the first control signal provided by the holding circuitry to provide the second control signal as having a value that corresponds to the frequency for the FSK symbol, wherein the signal generation oscillator comprises a varactor configured to provide a shift of the frequency provided by the signal generation oscillator, and wherein the transmitter is configured to dynamically adjust - for each FSK symbol - a bias voltage of the varactor to provide the shift of the frequency provided by the signal generation oscillator as corresponding to the frequency shift for the FSK symbol. This is conventional FSK modulation and one of a finite number of available solutions with predictable result of modulating output data onto a carrier channel.
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Walley in view of Gilhousen et al. (6,421,540) [Gilhousen].
Regarding claims 13-15, Walley discloses the transmitter of claims 1 and 12, and further teaches the desirability of enabling dynamic power control over a device (col. 6 lines 46-62) but fails to disclose the transmitter is configured to modulate the signal for transmission using on-off keying (OOK), wherein the transmitter is configured to operate the signal generation oscillator in an active mode for provision of an on-symbol of the OOK and in an inactive mode for provision of an off-symbol of the OOK.
In an analogous art, Gilhousen teaches it was a common practice in the art at the time of effective filing to utilize OOK to signal between active and standby modes for transmission devices, allowing for control over power consumption by the device (col. 5 lines 44-52).
It would have been obvious at the time of effective filing to a person of ordinary skill in the art to modify the transmitter of Walley to include the transmitter is configured to modulate the signal for transmission using on-off keying (OOK), wherein the transmitter is configured to operate the signal generation oscillator in an active mode for provision of an on-symbol of the OOK and in an inactive mode for provision of an off-symbol of the OOK, as suggested by Gilhousen, for the conventional benefit of controlling power consumption by the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOMINIC D SALTARELLI whose telephone number is (571)272-7302. The examiner can normally be reached 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Flynn can be reached at (571) 272-1915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOMINIC D SALTARELLI/ Primary Examiner, Art Unit 2421
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