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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/18/2024 and 08/08/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,213,082. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 21-40 of the present application are either anticipated or being obvious over claims 1-19 of U.S. Patent No. 12,213,082.
Regarding claim 21 of the present application, claim 1 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including a transmission power control method for a terminal capable of transmitting a first signal received by a first base station and a second signal received by a second base station, the transmission power control method comprising: calculating, by a terminal, in a case where reception power is divided into at least two ranks, each of the at least two ranks has an allowable variation range, a margin is set between a lower limit of the allowable variation range in an upper rank and an upper limit of the allowable variation range in a lower rank, the upper rank and the lower rank being adjacent to each other in the at least two ranks, a transmission power adjustment amount for the first signal and the second signal such that reception power of the first signal and reception power of the second signal fall within the allowable variation range of any of the at least two ranks by using the reception power of the first signal, the reception power of the second signal, a reception power difference between the first signal and the second signal, the at least two ranks, the allowable variation range, and the margin; and adjusting, by the terminal, transmission power of the first signal and the second signal in the terminal by using the transmission power adjustment amount.
Regarding claim 22 of the present application, claim 2 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein a size of the allowable variation range and a size of the margin are identical to each other and an interval between the at least two ranks is defined to a value obtained by doubling a total value of the size of the allowable variation range and the size of the margin.
Regarding claim 23 of the present application, claim 3 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when the reception power difference between the first signal and the second signal is smaller than the allowable variation range, the terminal specifies, from the at least two ranks, a rank closest to first reception power, which is reception power having a larger value between the reception power of the first signal and the reception power of the second signal, and wherein the terminal calculates the transmission power adjustment amount such that the reception power of the first signal and the reception power of the second signal fall within the allowable variation range of the closest rank.
Regarding claim 24 of the present application, claim 4 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when a remainder obtained by dividing the reception power difference between the first signal and the second signal by a value obtained by doubling a total value of the size of the allowable variation range and the size of the margin is smaller than the total value, the terminal specifies, from the at least two ranks, a rank closest to first reception power, which is reception power having a larger value between the reception power of the first signal and the reception power of the second signal, wherein the terminal calculates a value obtained by adding or subtracting a half of the remainder to or from a value obtained by subtracting the first reception power from reception power of the closest rank, as a transmission power adjustment amount for the first reception power, and wherein the terminal calculates, from the transmission power adjustment amount for the first reception power and the reception power difference, a transmission power adjustment amount for second reception power, which is reception power having a smaller value between the reception power of the first signal and the reception power of the second signal.
Regarding claim 25 of the present application, claim 5 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when the reception power difference between the first signal and the second signal is equal to or larger than the allowable variation range and equal to or smaller than a value obtained by doubling a total value of the size of the allowable variation range and the size of the margin, the terminal specifies, from the at least two ranks, a rank closest to first reception power, which is reception power having a larger value between the reception power of the first signal and the reception power of the second signal, and wherein the terminal calculates a transmission power adjustment amount for the first reception power and second reception power such that the first reception power falls within the allowable variation range of the closest rank and the second reception power, which is the reception power having a smaller value between the reception power of the first signal and the reception power of the second signal, falls within the allowable variation range of a rank lower than the closest rank.
Regarding claim 26 of the present application, claim 6 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when a remainder obtained by dividing the reception power difference between the first signal and the second signal by a value obtained by doubling a total value of the size of the allowable variation range and the size of the margin is larger than the total value, the terminal specifies, from the at least two ranks, a rank closest to first reception power, which is reception power having a larger value between the reception power of the first signal and the reception power of the second signal, wherein the terminal calculates a value obtained by adding or subtracting half a value obtained by subtracting the remainder from a value obtained by doubling the total value to or from a value obtained by subtracting the first reception power from reception power of the closest rank, as a transmission power adjustment amount for the first reception power, and wherein the terminal calculates, from the transmission power adjustment amount for the first reception power and the reception power difference, a transmission power adjustment amount for second reception power, which is reception power having a smaller value between the reception power of the first signal and the reception power of the second signal.
Regarding claim 27 of the present application, claim 7 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, based on information indicating a sum of the number of terminals connected to the first base station and the number of terminals connected to the second base station for each of the at least two ranks, the terminal specifies a sum of firstranks, which is a sum of the numbers of connected terminals in ranks to which the reception power of the first signal and the reception power of the second signal belong, wherein, when ranks to which the reception power of the first signal and the reception power of the second signal belong are lowered to a predetermined rank, which is lower by one rank or two or more ranks, the terminal calculates sums of second ranks, each of which is a sum of the number of terminals connected to the first base station and the number of terminals connected to the second base station, for respective lower ranks up to the predetermined rank, wherein, when the sum of the first ranks exceeds an average value of the sum of the first ranks and the sums of the second ranks in the respective lower ranks, the terminal determines that the ranks to which the reception power of the first signal and the reception power of the second signal belong are shifted to a lower rank in which the sum of the second ranks is smaller than the average value, based on a first probability, and wherein the terminal reduces transmission power of the first signal and the second signal in accordance with the shift to the lower ranks.
Regarding claim 28 of the present application, claim 8 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein the terminal calculates the first probability by dividing a value, obtained by subtracting the average value from the sum of the first ranks, by the sum of the first ranks.
Regarding claim 29 of the present application, claim 9 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when there are at least two lower ranks in which the sum of the second ranks is smaller than the average value, the terminal calculates an absolute value of a value obtained by adding values obtained by subtracting the average value from the sum of the second ranks in each of the at least two lower ranks, and wherein the terminal calculates, for each of the at least two lower ranks, a value obtained by dividing the absolute value by a value obtained by subtracting the average value from the sum of the second ranks as a probability at which each of the at least two lower ranks is selected as a shift destination.
Regarding claim 30 of the present application, claim 10 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including a terminal capable of transmitting a first signal received by a first base station and a second signal received by a second base station, the terminal comprising: a controller configured to: calculate, in a case where reception power is divided into at least two ranks, each of the at least two ranks has an allowable variation range, a margin is set between a lower limit of the allowable variation range in an upper rank and an upper limit of the allowable variation range in a lower rank, the upper rank and the lower rank being adjacent to each other in the at least two ranks, a transmission power adjustment amount for the first signal and the second signal such that reception power of the first signal and reception power of the second signal fall within the allowable variation range of any of the at least two ranks by using the reception power of the first signal, the reception power of the second signal, a reception power difference between the first signal and the second signal, the at least two ranks, the allowable variation range, and the margin; and adjust transmission power of the first signal and the second signal in the terminal by using the transmission power adjustment amount.
Regarding claim 31 of the present application, claim 11 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein the terminal defines that a size of the allowable variation range and a size of the margin are identical and that an interval between the at least two ranks is set to a value obtained by doubling a total value of the size of the allowable variation range and the size of the margin.
Regarding claim 32 of the present application, claim 12 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when the reception power difference between the first signal and the second signal is smaller than the allowable variation range, the controller specifies, from the at least two ranks, a rank closest to first reception power, which is reception power having a larger value between the reception power of the first signal and the reception power of the second signal, and wherein the controller calculates the transmission power adjustment amount such that the reception power of the first signal and the reception power of the second signal fall within the allowable variation range of the closest rank.
Regarding claim 33 of the present application, claim 13 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when a remainder obtained by dividing the reception power difference between the first signal and the second signal by a value obtained by doubling a total value of the size of the allowable variation range and the size of the margin is smaller than the total value, the controller specifies, from the at least two ranks, a rank closest to first reception power, which is reception power having a larger value between the reception power of the first signal and the reception power of the second signal, wherein the controller calculates a value obtained by adding or subtracting a half of the remainder to or from a value obtained by subtracting the first reception power from reception power of the closest rank, as a transmission power adjustment amount for the first reception power, wherein the controller calculates, from the transmission power adjustment amount for the first reception power and the reception power difference, a transmission power adjustment amount for second reception power, which is reception power having a smaller value between the reception power of the first signal and the reception power of the second signal.
Regarding claim 34 of the present application, claim 14 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when the reception power difference between the first signal and the second signal is equal to or larger than the allowable variation range and equal to or smaller than a value obtained by doubling a total value of the size of the allowable variation range and the size of the margin, the controller specifies, from the at least two ranks, a rank closest to first reception power, which is the reception power having a larger value between the reception power of the first signal and the reception power of the second signal, andwherein the controller calculates a transmission power adjustment amount for the first reception power and second reception power such that the first reception power falls within the allowable variation range of the closest rank and the second reception power, which is the reception power having a smaller value between the reception power of the first signal and the reception power of the second signal, falls within the allowable variation range of a rank lower than the closest rank.
Regarding claim 35 of the present application, claim 15 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when a remainder obtained by dividing the reception power difference between the first signal and the second signal by a value obtained by doubling a total value of the size of the allowable variation range and the size of the margin is larger than the total value, the controller specifies, from the at least two ranks, a rank closest to first reception power, which is reception power having a larger value between the reception power of the first signal and the reception power of the second signal, wherein the controller calculates a value obtained by adding or subtracting half a value obtained by subtracting the remainder from a value obtained by doubling the total value to or from a value obtained by subtracting the first reception power from reception power of the closest rank, as a transmission power adjustment amount for the first reception power, and wherein the controller calculates, from the transmission power adjustment amount for the first reception power and the reception power difference, a transmission power adjustment amount for second reception power, which is reception power having a smaller value between the reception power of the first signal and the reception power of the second signal.
Regarding claim 36 of the present application, claim 16 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, based on information indicating a sum of the number of terminals connected to the first base station and the number of terminals connected to the second base station for each of the at least two ranks, the controller specifies a sum of first ranks, which is a sum of the numbers of connected terminals in ranks to which the reception power of the first signal and the reception power of the second signal belong, wherein, when ranks to which the reception power of the first signal and the reception power of the second signal belong are lowered to a predetermined rank, which is lower by one rank or two or more ranks, the controller calculates sums of second ranks, each of which is a sum of the number of terminals connected to the first base station and the number of terminals connected to the second base station, for respective lower ranks up to the predetermined rank, wherein, when the sum of the first ranks exceeds an average value of the sum of the first ranks and the sums of the second ranks in the respective lower ranks, the controller determines that the ranks to which the reception power of the first signal and the reception power of the second signal belong are shifted to a lower rank in which the sum of the second ranks is smaller than the average value, based on a first probability, and wherein the controller reduces transmission power of the first signal and the second signal in accordance with the shift to the lower ranks.
Regarding claim 37 of the present application, claim 17 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein the controller calculates the first probability by dividing a value obtained by subtracting the average value from the sum of the first ranks by the sum of the first ranks.
Regarding claim 38 of the present application, claim 18 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including wherein, when there are at least two of the lower ranks in each of which the sum of the second ranks is smaller than the average value, the controller calculates an absolute value of a value obtained by adding values obtained by subtracting the average value from the sum of the second ranks in each of the at least two lower ranks, and wherein the controller calculates, for each of the at least two lower ranks, a value obtained by dividing the absolute value by a value obtained by subtracting the average value from the sum of the second ranks as a probability at which each of the at least two lower ranks is selected as a shift destination.
Regarding claim 39 of the present application, claim 19 of U.S. Patent No. 12,213,082 encompasses all claimed limitation including a wireless communication system comprising: a first base station; a second base station; and a terminal capable of transmitting a first signal received by the first base station and a second signal received by the second base station, wherein the terminal includes a controller configured to calculate, in a case where reception power is divided into at least two ranks, each of the at least two ranks has an allowable variation range, a margin is set between a lower limit of the allowable variation range in an upper rank and an upper limit of the allowable variation range in a lower rank, the upper rank and the lower rank being adjacent to each other in the at least two ranks, a transmission power adjustment amount for the first signal and the second signal such that reception power of the first signal and reception power of the second signal fall within the allowable variation range of any of the at least two ranks by using the reception power of the first signal, the reception power of the second signal, a reception power difference between the first signal and the second signal, the at least two ranks, the allowable variation range, and the margin, and adjusts the transmission power of the first signal and the second signal in the terminal by using the transmission power adjustment amount.
Regarding claim 40 of the present application, claim 10 of U.S. Patent No. 12,213,082 obviously encompasses all claimed limitation including a non-transitory computer readable medium storing a computer program making a processor included in a terminal, which is capable of transmitting a first signal received by a first base station and a second signal received by a second base station, execute: calculating, in a case where reception power is divided into at least two ranks, each of the at least two ranks has an allowable variation range, a margin is set between a lower limit of the allowable variation range in an upper rank and an upper limit of the allowable variation range in a lower rank, the upper rank and the lower rank being adjacent to each other in the at least two ranks, a transmission power adjustment amount for the first signal and the second signal such that reception power of the first signal and reception power of the second signal fall within the allowable variation range of any of the at least two ranks by using the reception power of the first signal, the reception power of the second signal, a reception power difference between the first signal and the second signal, the at least two ranks, the allowable variation range, and the margin; and adjusting transmission power of the first signal and the second signal in the terminal by using the transmission power adjustment amount.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Perets et al. (US 8,150,478 B2) disclose a method for communication includes modulating data in a wireless communication terminal to produce an aggregated-spectrum signal, which includes at least first and second signals in respective first and second spectral bands. The modulated data is transmitted in the first and second signals at respective first and second power levels. The second power level is adjusted separately from the first power level. In some embodiments, one or more instructions to set the first power level are received at the wireless communication terminal, and the first power level is set separately from setting the second power level based on the instructions.
Haim (US 9,084,200 B2) teaches a system and a method of controlling transmitter power in a wireless communication system in which user data is processed as a multirate signal in which the user data signal having a first rate is converted into a transmission data signal having a faster second rate for transmission. The transmission power is adjusted on a relatively slow basis based on quality of data received by a receiver of the transmitted data. The transmitter power is determined as a function of the first and second rates such that a change in the data rate in the multiple channels or the rate of the transmission data signal is compensated in advance of a quality of data based adjustment associated with such data rate change.
Takahashi et al. (US 9,686,756 B2) disclose a wireless communication apparatus that, when simultaneously implementing transmissions to a plurality of base stations, appropriately allocates transmission powers, thereby exhibiting a high power usage efficiency; the wireless communication apparatus uses a first CC to transmit a first data signal to a first base station apparatus and also uses a second CC to transmit a second data signal to a second base station apparatus during the same time period, is characterized by comprising a transmission power control unit that, when the sum of a transmission power of the first data signal so calculated as to cause a predetermined reception power to be obtained at the first base station apparatus and a transmission power of the second data signal so calculated as to cause a predetermined reception power to be obtained at the second base station apparatus is larger than a predetermined value, uses scaling factors, which are different between the first and second data signals, to scale the transmission powers.
Shichino (US 9,941,750 B2) teaches a power transmitting apparatus includes a power transmitting unit that transmits power to a plurality of power receiving apparatuses by radio, and a switching unit that controls, in a case where power is being transmitted to a first power receiving apparatus by the power transmitting unit, a power transmission mode for transmitting power to the first power receiving apparatus, and a detection mode for detecting a second power receiving apparatus that is different from the first power receiving apparatus; the resolution for detecting the second power receiving apparatus in the detection mode is higher than the resolution for detecting the second power receiving apparatus in the power transmission mode.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUOCHIEN B VUONG whose telephone number is (571)272-7902. The examiner can normally be reached 10:00-06:00PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANTHONY ADDY can be reached at 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUOCHIEN B VUONG/Primary Examiner, Art Unit 2645
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