DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Office Action is in response to the submission filed 2024-10-30 (herein referred to as the Reply) where claim(s) 1-12 are pending for consideration.
35 USC §112(b) – Claim Rejections
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.
Claim(s) is/are rejected under 35 U.S.C. 112(b) for not particularly pointing out and distinctly claiming the subject matter of the invention.
Claim(s) 4, 8, 12
optimal
The term(s) is a subjective/relative term which renders the claim(s) indefinite. Furthermore, the limitations of the term(s) is/are not defined by claim language and the Specification does not provide a standard for ascertaining the requisite degree. According, one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
35 USC §102 - Claim Rejections
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) is/are rejected under AIA 35 U.S.C. 102(a)(1) and U.S.C. 102(a)(2) as being unpatentable over PADGETT_039 (US20020183039)
Claim(s) 9
PADGETT_039 teaches
providing a use request message for at least one service to a base station (BS); and A request for service is received from mobile device. <FIG(s). 3; para. 0030-0035>.
obtaining a use response message for the at least one service from the base station in response to the use request message, wherein the use request message is generated in a case where a first condition for power allocation corresponding to the UE is satisfied and a second condition for the power allocation corresponding to the UE is satisfied. Requested service may be determined in terms of factors such as transmit power, data rate, and bandwidth, that relate to the required transmitted energy per bit. Admission control module determines whether to grant the request one various factor such as if the mobile SINR corresponds to a satisfactory requested data rate and whether the base station can accommodate the request in accordance with the transmit airtime and transmit power required to service the mobile. <FIG(s). 3; para. 0030-0035, 0039-0044>.
Claim(s) 12
PADGETT_039 teaches
wherein the determining of whether the second condition is satisfied or not comprises: determining whether optimal power allocation corresponding to the UE is within a power allocation range available to a plurality of UEs, wherein each of the plurality of UEs is UE that has transmitted the use request message for the at least one service to the base station. Base station determines whether the base station can accommodate the request in accordance with the transmit airtime and transmit power required to service the mobile in accordance with the current load of the base station, said load being realized from other mobile’s that previously requested access from the base station for service <FIG(s). 3; para. 0008, 0018, 0030-0035, 0039-0044>.
Allowable Subject Matter
Claim(s) is/are indicated as having allowable subject matter and is considered allowable.
Claim(s) 1, 5 and 2-3, 6-7, 10, 11
The below section, Relevant Cited Reference, identifies the closest prior art and how the art is different from the claimed invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
In addition to the explicit reasons given herein, allowability is also determined in view of the combination of references required for obviousness, the inter-relationship between other claimed limitations, and the claimed invention as a whole. Accordingly, amendments that do not incorporate the allowable claims into the base/intervening claims in its entirely, are not allowable. This includes amendments that incorporate the allowable claims into the base/intervening claims in part or in a non-narrowing manner (i.e., changing the scope of the subject matter).
Claim(s) is/are indicated as having allowable subject matter over the prior art but rejected to herein.
Claim(s) 4, 8
The claim(s) include allowable subject matter with respect to the prior art and would be allowable if:
(i) Rewritten in independent form including all of the limitations of the base claim and any intervening claims.
(ii) Amended to overcome other non-prior art rejections and/or objections presented herein (e.g., 35 USC 112 and 101 rejections), including rejections/objections directed to base and intervening claims.
(iii) In cases where claim limitations were unclear/indefinite and the Examiner indicated what he/she thought what the limitations attempted to convey, any clarifying amendments would need to be commensurate with the Examiner’s interpretation.
Relevant Cited References
CHIANG - US20150131537 teaches determining, for different levels of interference, an SINR for each of the UEs from the measurement of signal strength and the FFR pattern. However, this is different from determining the SINRs of a plurality of UEs are different and further performing conditions determination for a service request message.
CHU - US20140233379 teaches validity screening for random access users according to the user signal quality measurement value SINR and keeping or discarding the user from the system based on the validity. However, this is different from determining whether SINRs are different and further performing conditions determination for a service request message.
HOSSAIN - US20120122461 grant a data service request based on the class parameter 202, the data service manager 104 retrieves an available power parameter 207 for the mobile computing device but does not teach the power parameter being SINR nor teaches comparing parameters of a plurality of device and determining if they are different.
PADGETT - US20020183039 teaches admission control module 230 may calculate the requested rate of service based on an SINR included in the request. However, this is different from determining the SINRs of a plurality of UEs are different and further performing conditions determination for a service request message.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDRE TACDIRAN whose telephone number is 571-272-1717. The examiner can normally be reached on M-TH, 10-5PM EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Rutkowski can be reached on 571-270-1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDRE TACDIRAN/Primary Examiner, Art Unit 2415
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