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 .
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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1, of the instant application are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1, of US Patent 12,255,703 B2, as being described below. The patent claims include all of the limitations of the instant application claims, respectively. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
Instant Application 19/080,898.
US Patent 12,255,703 B2
1. A wireless-wireline physically converged system, the wireless-wireline physically converged system comprising: a baseband unit; a wireline segment coupled to the baseband unit, the wireline segment comprising an intermediate transceiver, a distribution transceiver, and a wireline cable coupling the intermediate transceiver to the distribution transceiver; and a wireless segment coupled to the wireline segment by the distribution transceiver, the wireless segment comprising at least one wireless channel communicatively coupling the distribution transceiver to at least one user equipment, wherein the intermediate transceiver: obtains at least one parameter of the wireline segment, and configures at least one setting related to an antenna array within the distribution receiver based at least in part on the at least one parameter of the wireline portion.
1. A wireless-wireline physically converged system, the wireless-wireline physically converged system comprising: a baseband unit; a wireline segment coupled to the baseband unit, the wireline segment comprising an intermediate transceiver, a distribution transceiver, and a wireline cable coupling the intermediate transceiver to the distribution transceiver; and a wireless segment coupled to the wireline segment by the distribution transceiver, the wireless segment comprising at least one wireless channel communicatively coupling the distribution transceiver to at least one user equipment, wherein the intermediate transceiver: obtains at least one parameter of the wireline segment, and configures at least one setting related to an antenna array within the distribution transceiver based at least in part on the at least one parameter of the wireline segment.
Claim Rejections - 35 USC § 112
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 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1, 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, recites the limitation "the distribution receiver" in lines 12-13. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, is/are rejected under 35 U.S.C. 103 as being unpatentable over Coiffi (US PGPUB 2021/0099277 A1) and further in view of Campos (US PGPUB 2014/0233672 A1).
As per claim 1, Cioffi discloses a wireless-wireline physically converged system (Cioffi, Figs. 1A-2, and paragraph 33), the wireless-wireline physically converged system comprising:
a baseband unit (Coiffi, Fig. 2:210, and paragraph 40);
a wireline segment coupled to the baseband unit (Coiffi, Fig. 2, connection between 210 and 220, and paragraph 40, discloses FIG. 2's RAN baseband system 210 functionality appears physically at the point where the northbound wireline link terminates (even if that baseband functionality is virtualized in software at another location) via Common Public Radio Interfaces (CPRI) or other X-Haul methods known to one of skill in the art), the wireline segment comprising an intermediate transceiver (Cioffi, Fig. 2:220, and paragraph 40, discloses The RAN baseband system is not modified with respect to those in use, the 5G-IF 220 accepts the baseband signals prior to RF conversion and translates them for downlink/uplink transmission on FIG. 2's twisted pair 230. Alternatively, for cases where the RAN baseband is not readily available, the 5G-IF is preceded by a downlink demodulator 260 (and uplink re-modulator)), a distribution transceiver (Coiffi, Fig. 2:240), and a wireline cable coupling the intermediate transceiver to the distribution transceiver (Coiffi, Fig. 2:230); and
a wireless segment coupled to the wireline segment by the distribution transceiver, the wireless segment comprising at least one wireless channel communicatively coupling the distribution transceiver to at least one user equipment (Coiffi, Fig. 2:240:250, and paragraph 43, discloses The wireless 5G-RF signals propagate to/from the wireless end device 250),
wherein the intermediate transceiver:
obtains at least one parameter of the wireline segment (Coiffi, paragraphs 43, 45, and 65, discloses a wireline channel-sounding procedure that will produce a rough estimate of the signal bandwidth that the wireline link can support, as well as determine the group delay), and
Coiffi discloses an intermediate transceiver as being explained above, however, does not explicitly disclose (intermediate transceiver) configures at least one setting related to an antenna array within the distribution receiver based at least in part on the at least one parameter of the wireline portion.
Campos discloses intermediate transceiver (Campos, Fig. 1:30) configures at least one setting related to an antenna array within the distribution receiver based at least in part on the at least one parameter of the wireline portion (Campos. Paragraphs 40-41, discloses At least some of the controllable aspects of the remote antenna unit 500 are labeled as transmit (Tx) frequency (freq) control, gain control, Rx beam control, Tx beam control and Rx freq control. Each of these controllable features may be controlled with the engine 504 as a function information recovered from the intermediary signaling (signaling over the wireline medium 34) and/or transmitted thereto from the signal processor 12 and/or master controller 20. The engine 504 may operate in this manner to facilitate implementing the various signal manipulations contemplated by the present invention to facilitate interfacing between the wireless medium 110 and the wired medium 34. The engine 504 may dynamically vary the related controls according to a current network MAP or other operational constraints, optionally in a manner sufficient to achieve essentially real-time adjustments necessary to facilitate interface multiple feeds and/or signaling through a plurality of antenna ports 510, 512, 514, 516).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Coiffi teachings by setting the parameters of antenna array in a transceiver, as taught by Campos.
The motivation would be to provide an improved communication system with reduced cost (paragraph 42), as taught by Compos.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED Z HAIDER whose telephone number is (571)270-5169. The examiner can normally be reached MONDAY-FRIDAY 9-5:30 EST.
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, SAM K Ahn can be reached at 571-272-3044. 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.
/SYED HAIDER/Primary Examiner, Art Unit 2633
Prosecution Insights