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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: METHOD AND BASE STATION FOR REPORTING BEAM INFORMATION TO A NEIGHBORING BASE STATION
Claim Objections
Claims 1-2 are objected to because of the following informalities: “the at least one specific beam” lacks proper antecedent basis. Appropriate correction is required.
Claim Interpretation
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.
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.
None of the instant claims invoke U.S.C. 112(f).
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP-2129183-A1 to THORSTEN.
As to claim 1, see similar rejection o claim 2. The apparatus teaches the method.
As to claim 2, THORSTEN discloses a base station (fig. 1, para. 0042, trigger base station 21) comprising: a memory storing instructions (para. 0026, the control unit of the base station 21 is adapted to execute the method of controlling beam forming in a mobile cellular network, i.e. implicit memory, in order to execute a method by the control unit of the base station, it must be present at the base station ); and at least one processor configured to process the instructions (para. 0026, the control unit of the base station 21 is adapted to execute the method of controlling beam forming in a mobile cellular network) to: report, to a neighboring base station, beam information including information identifying at least one beam and information related to coverage per the at least one specific beam (col. 18, lines 30-37 discloses informing, by the trigger base station, neighbored base stations about a sequence of the two or more different beam pattern sequences selected from the predefined set of beam pattern sequences (i.e. information indicating at least one beam) to be applied on the respective sector of the cell (i.e. information related to coverage per the at least one specific beam)), and wherein the beam information indicates that the one or more of the at least one beam are available with coverage configuration in a case where one or more of the at least one beam are available, and/or the one or more of the at least one beam are unavailable in a case where one or more of the at least one beam are unavailable (para. 0051 illustrates a table of six different beam pattern sequences and para. 0042 discloses that a table of all existing beam pattern sequences, i.e. a pattern table, is held at a database provided at one or more base stations of the cluster of neighbored base stations. Para. 0055 and col. 18, lines 30-37 (corresponding to claim 7) teach informing, by the trigger base station, neighbored base stations about a sequence of the two or more different beam pattern sequences are selected from the predefined set of beam pattern sequences to be applied on the respective sector, i.e. “and wherein the beam information indicates at least one of: that one or more of the at least one specific beam are available with coverage configuration in a case in which the one or more of the at least one specific beam are available.” Therefore, this informing is an implicit indication that the other different beam pattern sequences are not available. The neighbored base stations would know of these other different beam pattern sequences, which are unavailable as they are unselected for use, as the neighbored base stations contain the table of all of the existing beam pattern sequences, therefore reading on “and that the one or more of the at least one specific beam are unavailable in a case in which the one or more of the at least one specific beam are unavailable.”), and wherein the beam information is used by the neighboring base station to decide whether or not to increase a cellular capacity and overall coverage provided by the neighboring base station by using the at least one specific beam (para. 0044, The neighbored base station 22, 23, 24, 25, 26, 27 can determine or select a beam pattern sequence preferred by the mobile units of the neighbored base station 22, 23, 24, 25, 26, 27 which is favorable for the relative majority of mobile units; para. 0028, Each beam pattern sequence is formed of a subset of beams. The beams are used to provide an optimal signal quality to mobile units located in the cell of a base station. The subset of beams has a spatial and angular distribution with minimal overlap between the beams, but maximizes at the same time the coverage of the sector (i.e. wherein the beam information is used by the neighboring base station to decide whether or not to increase a cellular capacity and overall coverage provided by the neighboring base station by using the at least one specific beam); para. 0015, the method of controlling beam forming in a mobile cellular network, each beam of each beam subset is used to communicate with two or more mobile units at a same time slot based on frequency division multiplexing (e.g. by using a frequency resource of one or several OFDM subcarriers) … By means of OFDM or CDMA the cell throughput can be further increased (i.e. wherein the beam information is used by the neighboring base station to decide whether or not to increase a cellular capacity and overall coverage provided by the neighboring base station by using the at least one specific beam) with respect to the preceding preferred embodiment of the present invention).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20160029226 A1 discloses at para. 0021: In an embodiment, an AP that is ready and capable of supporting coordinated beamforming in the OBSS scenario exchanges relevant capability information with other neighboring APs. The AP announces its participation and its capabilities by broadcasting a message to all the neighboring APs. FIG. 2 shows an embodiment of a coordinated beamforming announcement message that is used for this purpose. For instance, the message can be based on a Public Action frame according to IEEE 802.11, and as such includes category and public fields. Additional fields are added to the message to announce the AP information. The announcement fields can include a capability field for the sending (announcing) AP and one or more fields indicating the Media Access Control (MAC) addresses of the STAs associated with the sending AP. The message can also include the sending AP's MAC address, e.g., in the AP capabilities field or another field of the message. The capabilities field indicates AP capability information such as the number of antennas, the number of spatial streams, and/or other capability information that are considered in the beamforming procedure. In other embodiments, identities of the announcing AP and associated STAs can be indicated by other suitable IDs or network addresses, such as Internet Protocol
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR J GHOWRWAL whose telephone number is (571)270-5691. The examiner can normally be reached M-F 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ASAD NAWAZ can be reached at 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR J GHOWRWAL/ Primary Examiner, Art Unit 2463
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