Prosecution Insights
Last updated: October 25, 2026
Application No. 18/912,478

SYSTEM AND METHOD FOR MANAGING SPECTRUM MICRO LEASES

Non-Final OA §103§112
Filed
Oct 10, 2024
Priority
Oct 10, 2023 — provisional 63/543,465
Examiner
DIXNEUF, ALEXANDRE PAUL JEAN
Art Unit
Tech Center
Assignee
Nextivity, Inc.
OA Round
1 (Non-Final)
Grant Probability
Favorable
1-2
OA Rounds

Examiner Intelligence

Grants only 0% of cases
0%
Career Allowance Rate
0 granted / 0 resolved
-60.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
Avg Prosecution
5 currently pending
Career history
5
Total Applications
across all art units
This examiner has no resolved cases yet (career too new); statute-level performance unavailable. The Grant Probability card shows Tech Center averages instead.

Office Action

§103 §112
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 . DETAILED ACTION Drawings New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the conversion from color to black-and-white has led to the drawing being difficult to understand. Specifically, the text used to demonstrate the specifics of the drawing (ex: “Spectrum ‘Micro-lease’ assigned to party 3 to operate in …”) is dotted and difficult to read, further worsened by the shading used to demonstrate the wide area network. Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance. Specification Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. Claim Objections Claim 5 is objected to because of the following informality: A claim which depends on a dependent claim should not be separated by any claim which does not also depend on said dependent claim (See MPEP § 608.01(n)). Claim 5 depends from claim 2, so claims 2 and 5 should not be separated by any claim which does not also depend from claim 2. Appropriate correction is required. Claim Interpretation Claim 1 contains the preamble, “A system for managing spectrum micro-leases of a portion of a geographic area associated with a micro area network and based on a spectrum lease of a wireless spectrum of a wide area network covering the geographic area, the system comprising: …” The preamble merely states the intended use of the claimed system and results in no structural difference. As such, the preamble is not considered a limitation and given no patentable weight (see MPEP § 2111.02(II): “If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, 962 F.3d 1362, 2020 USPQ2d 10701 (Fed. Cir. 2020)”). It should be noted that, for the purposes of compact prosecution, the preamble of claim 1 will still be evaluated during the 102 rejections below (MPEP 2143.03). Claim Rejections - 35 USC § 112 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 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(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 2 and 5 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 written description requirement. The claims contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 2 recites, “The system in accordance with claim 1, wherein the processor is further configured to manage a transmit power level of the micro network that measures the wide area network level at various points …” The provided specification does not provide additional details, only mentioning, in ¶ [00017]: “In yet other implementations, a system is provided to manage a transmit power level of the micro network that measures the wide area network level at various points …” Therefore, there is a crucial and complex step for which the provided specifications never teach. Measuring transmission power levels, specifically when multiple transmissions are occurring with the purpose of dealing with interference, is a major step that requires significant component and methodological considerations. This is especially true for the implementation exemplified in the specifications ¶ [00017]: “… measures the wide area network level at various points (such as at the edge of the coverage area) …” Measuring the wide area network at the edges of the coverage area requires equipment at said edges, and a method for that equipment to communicate with the network or processor. None of these noted factors are properly taught in the provided specification. Similarly, the measurement itself would require steps to know which frequencies each network is operating on to properly isolate and identify the transmissions, or steps required to identify the source should the two be working on similar frequencies. None of these noted factors are properly taught in the provided specification. The components and methodologies essential for the system to perform the claimed measurements are not well known in the art, and thus by failing to describe either the necessary components or methodology the inventors have failed to describe the subject matter in such a way as to reasonably convey to one skilled in the relevant art that the inventor, at the time the application was filed, had possession of the claimed invention. Dependent claim 5 fails to cure the deficiencies and thus is rejected for the same reason. Claims 1-5 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant, regards as the invention. Claim 1 is a system claim for a micro-lease management system comprising of a processor and database. Then claim 1 further recites, “… wherein the micro area network broadcasts the wide area network ID in addition to the micro network ID, allowing users of the wide area network to access the micro area network.” However, claim 1 is directed at the micro-lease management system, while the wherein clause is direction to functionality of the micro area network. Further, claim 2 recites limitations directed at functionality of the micro area network by reciting, “… {the processor} set the micro network transmit power level …” It is unclear how the functionalities of the micro area network limit the claimed micro-lease management system to have patentable weight. In other words, it is unclear whether the wherein clause is intended use (not part of the scope of claim 1, no need to be met) or the micro area network being part of the claimed system. Considering claim 2, for examination purposes, claim 1 is interpreted to be the latter, namely the micro area network being part of the claimed system. Claim 2 has the same issue as that of claim 1 by reciting functionality of the micro area network as recited above and is rejected for the same reason. Dependent claims 2-5 fail to cure the deficiencies and thus are rejected. It should be noted that both claim 3 and claim 4 do give additional details on the micro area network, specifically to what the micro area network is associated with, but this is not additional functionality and would rather serve as additionally limiting what kind of micro area network the micro-lease management system works with. Therefore, while they are rejected for failing to cure the deficiencies of claim 1, they are not additionally rejected for reciting additional functionality as with claim 2. Applicant is recommended to amend claim 1 to have the claimed system comprising both the spectrum micro-lease management system and the micro area network. Additionally, claim 1 is further rejected for indefinite language. Specifically, claim 1 recites, “… the processor being configured to receive and detect a network ID being used by the wide area network …” A network ID being “received” and “detected” are nearly identical steps, and thus it is unclear how the processor is expected to obtain the information. A processor “receiving” information will also have “detected” said information, and by “detecting” the information the processor has thus “received” it. Therefore, using both “receive and detect” without further description or explanation makes it unclear what actual step is being performed and whether or not there is a difference between the limitations, and thus claim 1 is rejected for indefiniteness. Dependent claims 2-5 fail to cure the deficiencies and thus are rejected. For examination purposes, “… receive and detect a network ID” will be interpreted to be “receive a network ID”. Should the applicant choose to amend the claim in this manner, then these rejections would be withdrawn. Additionally, claim 1 is further rejected for lack of antecedent basis. Claim 1 recites the limitation “the processor being configured to receive and detect a network ID being used by the wide area network, and which informs the micro area network of the network ID, and wherein the micro area network broadcasts the wide area network ID in addition to the micro network ID, …” The first mention of any network ID merely mentions “a network ID,” and defining it “being used by the wide area network” could be seen as creating enough antecedent basis for “the wide area network ID,” there is no previous mention of “the micro network ID” and thus there is insufficient antecedent basis for the limitation in the claim. Dependent claims 2-5 fail to cure the deficiencies and thus are rejected. While the initial “network ID being used by the wide area network” is acceptable, it is suggested to grant both network IDs individual names to help differentiate them, as well as consistent nomenclature (“wide area network ID” vs “micro network ID”). Applicant is recommended to amend claim 1 to recite “… the processor being configured to receive and detect a wide area network ID being used by the wide area network, and which informs the micro area network of the wide area network ID, and wherein the micro area network broadcasts the wide area network ID in addition to a micro area network ID, …”. Should the applicant choose to amend the claim in this manner, then these rejections would be withdrawn. Additionally, claim 2 is further rejected for lack of antecedent basis. Claim 2 recites the limitation “micro network” in “transmit power level of the micro network that measures”. The term “micro network” is never properly introduced and thus there is insufficient antecedent basis for this limitation in the claim. However, it should be noted that through context within the claims and specifications, “micro network” is considered to be referencing “micro area network” rather than a new, not previously introduced, “micro network.” Dependent claims 5 fails to cure the deficiencies and thus is rejected. For examination purposes, the claim will be read as if the “micro network” was intended to represent the “micro area network.” Should the applicant choose to amend the claim in this manner, then these rejections would be withdrawn. Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 recites, “sets the micro network transmit power level to a pre-determined value.” Claim 5, which is dependent on claim 2, adds the limitation “wherein the pre-determined value of the transmit power level can be set higher, lower or the same as the transmit power level of the wide area network.” By claiming “higher, lower, or the same,” claim 5 claims all potential embodiments of the “transmit power level” of claim 2, as a transmit power could only be higher, lower, or the same as another power level. Therefore, since there are no embodiments of claim 2 that are not claimed in claim 5, claim 5 is rejected for failing to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements. 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 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. Claims 1, 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication US20120122424A1 (hereinafter referred to as “Herscovici”), in view of International Patent Application WO2010017414A2 (hereinafter referred to as “Zhang”), hereinafter referred to as “Herscovici-Zhang”. Per claim 1 (rewritten as stated in the 35 U.S.C. 112(b) rejection above, where “receive and detect” is rewritten as “receive” and “network ID” antecedent basis is handled), Herscovici teaches, “A system for managing spectrum micro-leases of a portion of a geographic area associated with a micro area network and based on a spectrum lease of a wireless spectrum of a wide area network covering the geographic area (¶ [0010]: “The wireless network controller is disposed at the location of a service provider, and wherein the plurality of access points or femtocells are not disposed at the service provider location. The wireless network controller may be configured to perform at least one of: (i) management and operation of physical wireless network resources, (ii) provision of client authentication functions to limit network access to authorized users, (iii) provision of cross-subnet mobility, and (iv) administration of per-user functions.”; ¶ [0018]: “In yet another aspect, the invention provides a method of providing a wireless network capability as a service. The method comprising the steps of: identifying a plurality of … femtocells as belonging to a wireless network; communicating with each of the plurality of … femtocells from a wireless network controller at a remote location via an access data network; remotely operating the wireless networks by performing at least one network control function for benefit of the plurality of … femtocells …”), the system comprising: a processor (¶ [0018]: “In yet another aspect, the invention provides a method of providing a wireless network capability as a service. The method comprising the steps of: identifying a plurality of … femtocells as belonging to a wireless network; communicating with each of the plurality of … femtocells from a wireless network controller” [Comment: the “femtocells” serves as the micro area networks, the “wireless network” to which they belong serves as the wide area network, and the “wireless network controller” serves as the processor); and a database having an information store (¶ [0018]: “… the at least one additional server computer … configured to access an enterprise directory database … and wherein the wireless network controller is in communication with the at least one additional server computer via a secured data link.”) configured to store an accounting record of all spectrum leases, including micro-leases, the accounting record including a location of the spectrum lease and a description of the border of the geographic area associated with the spectrum lease (¶ [0056-0057]: “… providing guest access to the wireless network 100. The administrator portal is preferably implemented as a web-based application running on the network controller 105, accessible to an on-site administrator via a conventional web browser. Using the administrator portal 110, the on-site administrator can configure his particular enterprise account and settings, including information such as the following: (1) Site name and address; …” [Comment: the “site name and address” serves as a record of the locations of the accounts, which serve as the leases.]; ¶ [0050]: “The wireless network controller 105 performs various configurations, fault monitoring, and performance monitoring functions, including the following: … (6) Continuous real-time monitoring of network performance, including, for example, … (b) Interference—both self- and external networks and devices, (c) Coverage, … and (e) Maintained logs of all selected parameters.” [Comment: keeping logs of coverage is identical to a description of the border of the area covered by the lease.]); wherein the processor is configured to manage one or more micro-leases of the portion of the geographic area (¶ [0010]: “The wireless network controller is disposed at the location of a service provider, and wherein the plurality of access points or femtocells are not disposed at the service provider location. The wireless network controller may be configured to perform at least one of: (i) management and operation of physical wireless network resources, (ii) provision of client authentication functions to limit network access to authorized users, (iii) provision of cross-subnet mobility, and (iv) administration of per-user functions.”; ¶ [0018]: “In yet another aspect, the invention provides a method of providing a wireless network capability as a service. The method comprising the steps of: identifying a plurality of … femtocells as belonging to a wireless network; communicating with each of the plurality of … femtocells from a wireless network controller at a remote location via an access data network; remotely operating the wireless networks by performing at least one network control function for benefit of the plurality of … femtocells …” [Comment: this a repeat of the citation used for the preamble, as this essentially repeats the preamble.]), the processor being configured to receive a wide area network ID being used by the wide area network, and which informs the micro area network of the wide area network ID (¶ [0050]: “The wireless network controller 105 performs various configurations, fault monitoring, and performance monitoring functions, including the following: (1) Automatic download of all required configuration information to … femtocells 165 at power-up/power cycle, including, for example: … Beacon (Service Set Identifier or SSID) settings” [Comment: while the name “beacon setting” used throughout Herscovici may imply differently, the text specifically states that “beacon setting” involves the SSID which is a form of network ID.]), … allowing users of the wide area network to access the micro area network (¶ [0024]: “The step of providing non-secure public access to the wireless network system may further comprise instructing at least one predetermined … femtocell to transmit a visitor beacon” [Comment: “non-secure public access” means granting the public, the users of the wide area network, access to the “femtocell” and thus micro area network; note that the statement “transmit a … beacon” implies the beacon settings earlier in the claim are necessary, the covering the limitation that the broadcasts are what “allow users” the access, establishing causation.]).” Herscovici further teaches transmitting the micro area network ID to grant access to the user thanks to authentication (¶ [0023]: “The method may further comprise the steps of assigning a respective unique identifier to each of the plurality of … femtocells; and using the respective unique identifier to authenticate the corresponding … femtocell. The respective unique identifier may include at least one of: (i) a MAC address; (ii) a serial number; and (iii) femtocell ID.”), as well as using the wide area network ID to assist in the network connect (¶ [0050]: “The wireless network controller 105 performs various configurations, fault monitoring, and performance monitoring functions, including the following: (1) Automatic download of all required configuration information to … femtocells 165 at power-up/power cycle, including, for example: … Beacon (Service Set Identifier or SSID) settings”). However, Herscovici does not explicitly state that the wide area network ID is being broadcast alongside the micro area network ID, and thus does not explicitly teach, “… and wherein the micro area network broadcasts the wide area network ID in addition to a micro area network ID …” Zhang teaches, “A … system (¶ [0003]: “In wireless communications systems, coverage areas are provided by a number of discrete cells. These cells are traditionally categorized as macro-cell, micro- cell, or even pico-cell depending on the cell size. Recently, an even smaller cell type known as a femto-cell has become of particular interest. A femto-cell provides enhanced capacity and indoor coverage over a relatively small geographic area (for example, covering a residential home or office area).” [Comment: the “femto-cell” or “femto cell” serves as the “micro area network” while the larger cell (throughout the publication often referred to as simply “non-femto cell” or “non-femto-cell” serves as the wide area network.]) comprising: a processor (¶ [0004]: “Each femto-cell is supported by a respective Base Station (BS) which provides a wireless access point for one or more mobile stations (MS) that are within its communicative range.”; ¶ [0047]: “Fig. 2 is a block diagram illustrating an exemplary femto-cell base station 108 … As shown in the figure, the femto-cell base station 108 may include a processor 202 …”); … wherein the micro area network broadcasts the wide area network ID in addition to a micro area network ID (¶ [0009]: “Without changing the standard cell identification (denoted throughout this description as cell-id), various embodiments of the present invention define a femto-cell identification in the form of < c e l l - i d ,   e x t r a - f e m t o - i d > , where the extra-femto-id can be an independent identification space from cell-id.”; ¶ [0052]: “An exemplary process of broadcasting values which may be used to determine the identification of a femto-cell 104 is now described. In some embodiments, each cell identification broadcast signaling contain a pair of < c e l l - i d ,   s > , where s ∈ Z ≡ { x 0 ,   x 1 , … x N - 1 ,   n u l l } and < c e l l - i d ,   s = n u l l > may be equivalent to cell-id itself. In this manner, a non-femto-cell base station 106 can broadcast the pair of < c e l l - i d ,   n u l l > , while a femto-cell base station 108 can broadcast the pair of < c e l l - i d ,   s ≠ n u l l > .”), allowing users of the wide area network to access the micro area network (¶ [0005]: “When a mobile station changes its location within a non-femto-cell such that it moves within a femto-cell, the mobile station can detect the availability of the femto-cell and request a handoff (denoted as a hand-in) from the non-femto-cell to the femto-cell for the purpose of attaining better coverage. In order to accomplish this, however, the mobile station must first inform the wireless network of two pieces of information: (a) whether the detected available target cell is in fact a femto-cell, and (b) the identification of that femto cell.”).” It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the dual-identification broadcast of Zhang into the spectrum sub-lease management system of Herscovici. One of ordinary skill in the art would have been motivated to do so because this is combining prior art elements according to known methods to yield predictable results, specifically, combining known methods of authenticating and identifying femto-cells to yield predictable results, especially given that Herscovici and Zhang are in the same field of endeavor of managing smaller networks within a larger network. (KSR(A), MPEP § 2143). Per claim 3, Herscovici-Zhang teaches the spectrum sub-lease management system of claim 1. Herscovici further teaches, “The system in accordance with claim 1, wherein the micro area network is associated with a building within the geographic area (¶ [0005]: “More recently, in-building licensed cellular radio systems, sometimes referred to as “femtocells,” have also been introduced, sometimes to solve coverage problems a mobile carrier may have or to augment capacity for a carrier, both in targeted areas.”).” Per claim 4, Herscovici-Zhang teaches the spectrum sub-lease management system of claim 1. Herscovici further teaches, “The system in accordance with claim 1, wherein the micro area network is associated with a plurality of buildings within the geographic area (¶ [0054]: “When … femtocells 165 or groups of … femtocells 165 are located in different buildings …”).” Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Herscovici-Zhang as applied to claims 1, 3 and 4 above, and further in view of US Patent Application Publication US20120264419A1 (hereinafter referred to as “Lee”), hereinafter referred to as “Herscovici-Zhang-Lee”. Per claim 2 (rewritten as stated in the 35 U.S.C. 112(b) rejection above, where “micro network” is rewritten as “micro area network”), Herscovici-Zhang teaches the spectrum sub-lease management system of claim 1. Herscovici further teaches, “The system in accordance with claim 1, wherein the processor is further configured to manage a transmit power level of the micro area network that … sets the micro network transmit power level to a pre-determined value (¶ [0013]: “The plurality of … femtocells may be configured to download network parameters from the wireless network controller, wherein the downloaded network parameters include at least one power level … The downloaded network parameters may be predetermined to enable operation of the wireless system.”).” Herscovici further teaches having each micro area network individual determine interference, which inherently requires a measurement of transmission power levels, from both internal and external sources (wide area network and fellow micro area network) to determine the proper transmission settings (¶ [0011]: “Each of the plurality of … femtocells may be configured to automatically establish a connection to the wireless network controller. Each of the plurality of … femtocells may be configured to autonomously select a communications channel that enables said each … femtocell to communicate with at least one client device, the autonomous selection of the communication channel including selecting a channel with (i) a predetermined amount of self network interference and (ii) a predetermined amount of external network interference.” [Comment: having femtocells communicating to select a channel in response to interference means it is inherently true that there is a measurement of transmission levels; “plurality of … femtocells” reasonably encapsulates “various points”.]; ¶ [0021]: “The method may further comprise the step of receiving information corresponding to selected local operational parameters from each of the plurality of … femtocells, including … receiving information relating to one of self network interference or external network interference; …” [Comment: If the femtocells can individually transmit an alert of interference, they inherently must be measuring the transmission power in the area]). However, this citation mentions that each of the micro area network conduct its own measurements and determination, not that a single micro area network uses multiple points of measurements, therefore Herscovici-Zhang does not explicitly teach, “… the micro area network that measures the wide area network level at various points …” Lee further teaches, “The system in accordance with claim 1 (¶ [0040]: “Referring to FIG. 1, macrocell 100 may be overlapped with a plurality of femtocells 200, 300, and 400. Macrocell base station 110 may provide a macrocell service to entities such as user equipment located in macrocell 100. Femtocell base stations 210, 310, and 410 may respectively provide a femtocell service to entities such as user equipment located in femtocells 200, 300, and 400. Femtocell gateway 500 may be coupled with at least one of femtocell base stations 210, 310, and 410. Femtocell gateway 500 may be also coupled with server 600.” [Comment: the “femtocell gateway” serve as the “micro area network”, with the one or more “femtocells” and “femtocell base station” being the individual components operating the “micro area network”, while the “macrocell” serve as the “wide area network”, being operated by a single “microcell base station”.]; ¶ [0040]: “Femtocell gateway 500 may be coupled with at least one of femtocell base stations 210, 310, and 410. Femtocell gateway 500 may be also coupled with server 600.” [Comment: The “server” serves as the “processor” managing the “micro area network” and “wide area network”; a server is commonly known to comprise of a processor.]), wherein … the micro area network that measures the wide area network level at various points (¶ [0005]: “… the macrocell quality may be measured by measuring signal quality parameters of both a femtocell and a macrocell. For example, the signal quality parameters may be … a reference signal received power (RSRP). The … RSRP femtocells and macrocells may be regularly measured and the … macrocell quality may be determined based on the measurement results.” [Comment: This citation explicitly teaches that the measurements are on the transmission power of the larger area network]; ¶ [0049]: “Referring to FIG. 2, femtocell base station 210 may include … measuring unit 213 …”; [Comment: This citation teaches that the micro area network is the one handling the measurement.]; ¶ [0042]: “Femtocell base stations 210, 310, and 410 may generate macrocell quality report information including the measured macrocell quality therein and transmit the macrocell quality report information to server 600 through femtocell gateway 500 …” [Comment: the measurements coming from multiple base stations (210, 310, and 410) inherently means the measurements are conducted at various points; while it should be noted that the art is conducting the measurements with the express purpose of transmitting it to the “server 600” {processor}, the measurements are being managed by and consolidated by the “femto gateway 500” {micro area network}]) …” It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the large network measurement methodology of Lee into the small area network management of Herscovici-Zhang. One of ordinary skill in the art would have been motivated to do so because this is the use of known technique to improve similar devices (methods, or products) in the same way, specifically, use of the small network's devices to measure the power level of the larger network at numerous points as taught by Lee to improve interference detection already employed by the small area network management as taught by Herscovici-Zhang in the same way (KSR(C), MPEP § 2143). Per claim 5, Herscovici-Zhang-Lee teaches the spectrum sub-lease management system of claim 2. Herscovici further teaches, “The system in accordance with claim 2, wherein the pre-determined value of the transmit power level can be set higher, lower or the same as the transmit power level of the wide area network (¶ [0013]: “The plurality of … femtocells may be configured to download network parameters from the wireless network controller, wherein the downloaded network parameters include at least one power level … The downloaded network parameters may be predetermined to enable operation of the wireless system.” [Comment: As stated in the 35 U.S.C. 112(d) rejection above, by setting any value as the transmit power level of the micro area network, said value can be higher, lower or the same as the transmit power level of the wide area network.]).” Conclusion The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Gupta et al. (US20090093232A1) discloses having multiple nodes to better control access to different wireless networks across different areas. Stanforth et al. (US20100145745A1) discloses a system for transferring spectrum use rights. Grayson et al. (US20150365829A1) discloses using individual small cells across a large network better manage network distribution operations. Nagaraja et al. (US9357507B2) discloses a central management system that handles interference across a network of small cells. Nama et al. (US9516600B1) discloses a central system that transmits power assignments in a small cell radio access network. Madan et al. (US9860852B2) discloses a system to control power of small cells in a larger network environment. Kahn et al. (US20180262978A1) discloses a system to share a large private network across smaller cells with public networks. Uplenchwar et al. (US20150018028A1) discloses a system for a smaller network within a larger network managing power setting for proper quality of transmission. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDRE PAUL JEAN DIXNEUF whose telephone number is (571)270-5794. The examiner can normally be reached Monday - Friday, 8:30am - 5pm. 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, Hannah S. Wang can be reached at (571) 272-9018. 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. /ALEXANDRE PAUL JEAN DIXNEUF/ Examiner, Art Unit 2631 /HANNAH S WANG/ Supervisory Patent Examiner, Art Unit 2631
Read full office action

Prosecution Timeline

Oct 10, 2024
Application Filed
Oct 09, 2026
Non-Final Rejection mailed — §103, §112 (current)

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
Grant Probability
Low
PTA Risk
Based on 0 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month