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 .
1. Claims 1-8 are pending.
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
3. The Information Disclosure Statement dated 10/17/2024 is acknowledged by the Examiner.
Specification
4. The abstract of the disclosure is objected to because it exceeds 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
5. 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 Examiner suggests a new title including terms such as radio resources, cell and/or partial area.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
6. Claims 1-8 are rejected under 35 U.S.C. 101 because the claimed invention is directed to mathematical calculations without significantly more.
Step 1: (YES)
The claims are directed to a statutory category.
Step 2A: Prong 1 (YES)
The claim(s) recite(s) calculating a plurality of numerical values. This idea is similar to the basic concept of manipulating information using mathematical relationships (e.g., converting numerical representation in Benson), which has been found by the courts to be an abstract idea. Performance of a claim limitation using generic computer components does not preclude the claim limitation from being in the mathematical concepts grouping.
Step 2A: Prong 2 (NO)
This judicial exception is not integrated into a practical application because there are no additional claim elements besides the judicial exception. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claim does not include additional elements beyond the abstract idea of mathematical calculations of numerical values.
The claim is not eligible subject matter under 35 UCS 101.
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.
7. Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morita et al, US 2013/0157680 in view of Saito et al, US 2003/0182095 hereafter Saito.
As for claim 1, Morita discloses:
A communication management device (Morita, Fig. 2, Fig. 5, [0055] a CPU (Central Processing Unit) 510 is a processor for arithmetic control, and executes programs to implement each unit of the management server 250 shown in FIG. 3. A ROM (Read Only Memory) 520 stores fixed data and programs such as initial data and program.) that is used in a radio communication system forming a plurality of cells, the communication management device comprising:
a processor circuitry configured to
calculate, for each of a plurality of partial areas obtained by dividing a designated area, the number of terminal devices positioned in the partial area to obtain a first
calculation result, (Morita, [0101], Determine “the number of macro mobile stations instructed by the management server to detect interference from each femto base station”. It is inherent that to make a calculation using the “the number of macro mobile stations” that it must be a determined value.)
calculate, for each of the plurality of partial areas, the number of cells covering the partial area to obtain a second calculation result, ([0102] In step S1403, the management server 1050 calculates the ratio of femto base stations to which the interfered detection ratio exceeds the threshold within the same macro cell)
calculate, for each of the plurality of partial areas, the number of terminal devices allocated to one cell….to obtain a third calculation result, (Morita, [0101], Determine “the number of macro mobile stations instructed by the management server to detect interference from each femto base station”. It is inherent that to make a calculation using the “the number of macro mobile stations” that it must be a determined value.)
calculate, for each of the plurality of cells, an amount of radio resources to be provided to each partial area in the cell based on a usage amount of radio resources in the cell and the third calculation result to obtain a fourth calculation result, ([0042], a radio resource to be used by a plurality of femto base stations is determined based on first a statistic calculated by aggregating values from macro mobile stations. [0101]… The uplink interfered detection ratio is calculated for each femto base station as the uplink interfered detection ratio=(the number of reports that interference to each femto base station is detected/the number of macro mobile stations instructed by the management server to detect interference from each femto base station)
and calculate, for each of the plurality of partial areas, an amount of radio resources to be provided to the partial area based on the amount of radio resources indicated by the fourth calculation result. (Fig. 2, [0043] A management server 250 may calculate a statistic for each femtocell 210 within an area covering a plurality of macro cells 220, and may determine the radio resource for each femto base station 211. [0044], The reception levels 222a are reported, as transmission data 221b, from the macro mobile stations 222 to the management server 250 …The determination unit 204 determines a radio resource 204a such as downlink transmission power, which is used by the plurality of femto base stations 211, based on the first statistic 230.)
Morita does not explicitly disclose calculate, for each of the plurality of partial areas, the number of terminal devices allocated to one cell based on the first calculation result and the second calculation result to obtain a third calculation result.
However, Saito discloses calculate, for each of the plurality of partial areas, the number of terminal devices allocated to one cell based on the first calculation result and the second calculation result to obtain a third calculation result. (Saito, FIG. 4, [0045] The cell station layout condition includes, for example, the allowable number of terminals connected to a cell station, information used to identify a specific installation location, if one is determined, and the condition that identifies the candidate location, at which the cell station is to be installed. [0055] Calculating the candidate number and candidate locations of the cell stations so as to cover all terminals. [0085] The ceiling installation button 1105 and the maximum connected terminal count 1106 are used to set an allowable number of terminals to be connected to a single cell station)
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 teachings of Morita with calculate, for each of the plurality of partial areas, the number of terminal devices allocated to one cell based on the first calculation result and the second calculation result to obtain a third calculation result as taught by Saito for placing cell stations efficiently in regions, in which it is highly likely that wireless communications are carried out. (Saito, [0006])
As for claim 2, Saito discloses:
wherein the processor circuitry calculates, for each partial area, the number of terminal devices allocated to one cell by dividing the first calculation result by the second calculation result. (Saito, FIG. 4, [0055] Calculating the candidate number and candidate locations of the cell stations so as to cover all terminals. [0085] The ceiling installation button 1105 and the maximum connected terminal count 1106 are used to set an allowable number of terminals to be connected to a single cell station)
As for claim 3, Morita discloses:
wherein the processor circuitry determines, for each cell, a proportion of radio resources allocated to each partial area in the cell based on the third calculation result, and the processor circuitry calculates the amount of radio resources to be provided to each partial area in the cell by distributing the usage amount of the radio resources in the cell to the corresponding partial area according to the determined proportion. (Fig. 2, [0043] A management server 250 may calculate a statistic for each femtocell 210 within an area covering a plurality of macro cells 220, and may determine the radio resource for each femto base station 211. [0044], The reception levels 222a are reported, as transmission data 221b, from the macro mobile stations 222 to the management server 250 …The determination unit 204 determines a radio resource 204a such as downlink transmission power, which is used by the plurality of femto base stations 211, based on the first statistic 230.)
As for claim 4, Morita discloses:
wherein the processor circuitry calculates, for each partial area, the amount of radio resources to be provided to the partial area by adding an amount of radio resources provided by cells covering the partial area. ([0112] The radio resource adjustment unit 1683 of the management server 1550 determines a parameter for adjusting the radio resource of each femto base station 211 by using the first statistic 230 and the third statistic 1530. The parameter is set to all the femto base stations 211 to be aggregated.)
As for claim 5, Morita discloses:
wherein the processor circuitry collects position data representing positions of terminal devices used in the radio communication system, and the processor circuitry calculates the number of terminal devices positioned in each partial area based on the position data. ([0042], a radio resource to be used by a plurality of femto base stations is determined based on first a statistic calculated by aggregating values from macro mobile stations. [0101]… The uplink interfered detection ratio is calculated for each femto base station as the uplink interfered detection ratio=(the number of reports that interference to each femto base station is detected/the number of macro mobile stations instructed by the management server to detect interference from each femto base station)
As for claim 6, Morita discloses:
wherein the processor circuitry collects configuration management data representing a configuration of a base station system of the radio communication system, (Morita, [0050] In step S411, the management server 250 transmits a measurement instruction to each macro mobile station 222. Each macro mobile station 222 acquires the measurement instruction from the management server 250 (via the macro base station 221) in step S421, and then measures, as a reception level, interference 211a from the neighboring femto base station 211 in step S423. In step S425, each macro mobile station 222 reports the reception level as the measurement result to the management server 250 (via the macro base station 221).
Morita does not explicitly disclose the processor circuitry calculates the number of cells covering each partial area based on the configuration management data.
However, Saito discloses the processor circuitry calculates the number of cells covering each partial area based on the configuration management data. (Saito, FIG. 4, [0045] The cell station layout condition includes, for example, the allowable number of terminals connected to a cell station, information used to identify a specific installation location, if one is determined, and the condition that identifies the candidate location, at which the cell station is to be installed. [0055] Calculating the candidate number and candidate locations of the cell stations so as to cover all terminals.)
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 teachings of Morita with the processor circuitry calculates the number of cells covering each partial area based on the configuration management data as taught by Saito for placing cell stations efficiently in regions, in which it is highly likely that wireless communications are carried out. (Saito, [0006])
As for claim 7, Morita discloses:
wherein the processor circuitry collects performance management data representing performance of a base station system of the radio communication system, and the processor circuitry detects the usage amount of the radio resources in each cell based on the performance management data. (Morita, [0051] The management server 250 acquires the measurement results from the macro mobile stations 222 in step S413, and collects the measurement results from the macro mobile stations 222 to calculate the first statistic 230 in step S415. In step S417, the management server 250 derives a parameter related to the radio resource based on the calculated first statistic 230, and sets the parameter to all the femto base stations 211 to be aggregated…[0052] Each of the femto base stations 211 to be aggregated acquires the parameter related to the radio resource common within the macro cell 200 in step S431, and then judges whether or not it is necessary to update the radio resource in step S433. If it is necessary to update the radio resource, each femto base station 211 changes the radio resource in step S435.)
As for claim 8, this claim is analyzed and rejected for the same reasons as claim 1 because the corresponding apparatus claim 1 can be used to practice the method of claim 8.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 9,220,017 discloses 15) (a) collecting a plurality of measurement reports generated by at least one mobile station, each of the measurement reports containing a measurement result of radio quality of a first cell managed by a base station; and (16) (b) determining, based on the plurality of measurement reports so as to reduce the number of cell-edge mobile stations deemed to be located at a cell edge between the first cell and a neighboring cell, an updated value of a radio parameter capable of changing a coverage of the first cell.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 PM.
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, IAN MOORE can be reached at (571)272-3085. 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.
JENEE HOLLAND
Examiner
Art Unit 2469
/JENEE HOLLAND/Primary Examiner, Art Unit 2469
Prosecution Insights