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
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2023/0012055 A1) in view of Meyuhas (US 2024/0196345 A1).
Regarding Claim 1, Zhang discloses the below limitation(s): determining, by a proximity sensor of a user equipment (UE), an object detection status change for a first antenna of the UE (Zhang [0003] first device may use sensor information (e.g. information from proximity sensors) to determine a state of the first device; see also Fig 7 step 704 acquire sensor information and step 706 determine state of the first device); and
controlling, by a processor of the UE (Fig 1, for example computing device 110A comprising processor 118A), a transmission power of the first antenna ([0003] a scheduler of the first device may determine a proposed radio usage (e.g. a RF emission level, a transmission power, and/or other usages) according to a quality of the one or more wireless links; [0058] SAR/PD controller (i.e. processor) may apply a policy (e.g. limit transmission power) to satisfy a threshold level of the time-averaged SAR) based on the object detection status ([0037] processor receives object information indicating virtual objects in the artificial reality space and depth information of the virtual objects … processor may also receive updated sensor measurements from the sensors 155 (e.g. proximity sensors); [0063] sensor information from at least one proximity sensor may indicate that a user is in close proximity to a first antenna and a second antenna of the first device, which is interpreted as object detection status) and one of a first delay period for initial object detection by the proximity sensor or a second delay period of detection status change certainty (Fig 5 block 504 set a delay time for the packet (interpreted as first delay period) based on the determination and based on a destination of the packet; [0017] reducing/increasing a transmission power may be accomplished by reducing/increasing a power level by adding/removing a delay time before transmission of the packet, for example by utilizing a time averaged SAR calculation in conjunction with a priority),
wherein the transmission power changes (Fig 7 step 708 determine time-averaged SAR (i.e. TAS) to adjust proposed radio usage).
Zhang does not disclose the below limitation(s): wherein the transmission power changes between an upper power level and a lower power level
In the same field of endeavor of RF exposure management, Meyuhas does disclose the below limitation(s): the object detection status (Meyuhas [0112] RF transceiver may receive RF proximity sensing signals and, based on the performed BPS detection, RF transceiver may indicate that no proximate object is detected) …;
wherein the transmission power changes between an upper power level and a lower power level ([0112] based on object detection status (i.e. no proximate object detected), processor may send a control signal that causes the TPCC 940 to increase the TX power to a predetermined power level, wherein the predetermine power level is interpreted as an "upper power level" and the previous power level is interpreted as a "lower power level") in accordance with a time-averaged specific absorption rate (SAR) (TAS) ([0115] wireless device may be configured to perform SAR-related measurements according to a time averaged specific absorption rate (TAS) algorithm for management of SAR associated with transmission of RF communication signals).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Zhang to include a higher and lower transmission power to switch between as taught by Meyuhas. The suggestion/motivation to do so would have been to change to predetermined transmission power(s) based on network conditions in order to manage RF exposure. Therefore, it would have been obvious to combine Zhang and Meyuhas to obtain the invention, as specified in the instant claim.
Regarding Claim 13, Zhang discloses the below limitation(s): a processor; and a non-transitory computer readable storage medium storing instructions (Zhang Fig 1, for example computing device 110A comprising processor 118A; [0070] user device includes components such as microprocessors (i.e. processor), storage and memory (i.e. non-transitory computer readable storage medium)) that, when executed, cause the processor to:
determine, by a proximity sensor of a user equipment (UE), an object detection status change for a first antenna of the UE [0003] first device may use sensor information (e.g. information from proximity sensors) to determine a state of the first device; see also Fig 7 step 704 acquire sensor information and step 706 determine state of the first device); and
control a transmission power of the first antenna ([0003] a scheduler of the first device may determine a proposed radio usage (e.g. a RF emission level, a transmission power, and/or other usages) according to a quality of the one or more wireless links; [0058] SAR/PD controller (i.e. processor) may apply a policy (e.g. limit transmission power) to satisfy a threshold level of the time-averaged SAR) based on the object detection status ([0037] processor receives object information indicating virtual objects in the artificial reality space and depth information of the virtual objects … processor may also receive updated sensor measurements from the sensors 155 (e.g. proximity sensors); [0063] sensor information from at least one proximity sensor may indicate that a user is in close proximity to a first antenna and a second antenna of the first device, which is interpreted as object detection status) and one of a first delay period for initial object detection by the proximity sensor or a second delay period of detection status change certainty (Fig 5 block 504 set a delay time for the packet (interpreted as first delay period) based on the determination and based on a destination of the packet; [0017] reducing/increasing a transmission power may be accomplished by reducing/increasing a power level by adding/removing a delay time before transmission of the packet, for example by utilizing a time averaged SAR calculation in conjunction with a priority),
wherein the transmission power changes (Fig 7 step 708 determine time-averaged SAR (i.e. TAS) to adjust proposed radio usage).
Zhang does not disclose the below limitation(s): wherein the transmission power changes between an upper power level and a lower power level
In the same field of endeavor of RF exposure management, Meyuhas does disclose the below limitation(s): the object detection status (Meyuhas [0112] RF transceiver may receive RF proximity sensing signals and, based on the performed BPS detection, RF transceiver may indicate that no proximate object is detected) …;
wherein the transmission power changes between an upper power level and a lower power level ([0112] based on object detection status (i.e. no proximate object detected), processor may send a control signal that causes the TPCC 940 to increase the TX power to a predetermined power level, wherein the predetermine power level is interpreted as an "upper power level" and the previous power level is interpreted as a "lower power level") in accordance with a time-averaged specific absorption rate (SAR) (TAS) ([0115] wireless device may be configured to perform SAR-related measurements according to a time averaged specific absorption rate (TAS) algorithm for management of SAR associated with transmission of RF communication signals).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the teaching of Zhang to include a higher and lower transmission power to switch between as taught by Meyuhas. The suggestion/motivation to do so would have been to change to predetermined transmission power(s) based on network conditions in order to manage RF exposure. Therefore, it would have been obvious to combine Zhang and Meyuhas to obtain the invention, as specified in the instant claim.
Allowable Subject Matter
Claims 2-12 and 14-20 are 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.
The following is a statement of reasons for the indication of allowable subject matter: a thorough and complete search has been conducted and no prior art has been found that solely, or in any reasonable combination, reads on each element of the indicated claim(s).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at (571) 270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN D MILLER/Primary Examiner, Art Unit 2412
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