DETAILED ACTION
Notice of 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 .
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 7-10 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wilhelmsson et al. (US 2020/0162306 A1).
Consider claims 1, 8 and 15:
Wilhelmsson discloses a communication method (see Fig. 3 and paragraph 0076, where Wilhelmsson describes a method 300 for generating a frequency shift keying (FSK) signal; see Fig. 7 and paragraph 0112, where Wilhelmsson describes that the method may be implemented using a data processor 720 and a memory 730), comprising:
determining at least two orthogonal frequency division multiplexing (OFDM) subcarriers (see Fig. 3 and paragraph 0077, step 310, where Wilhelmsson describes that a set of adjacent sub-carriers of an OFDM signal is assigned); and
sending a frequency shift keying (FSK) signal to a second device on the at least two OFDM subcarriers (see Fig. 3 and paragraph 0077, where Wilhelmsson describes that each FSK symbol frequency is associated with a corresponding OFDM sub-carrier; see Fig. 3 and paragraph 0080, steps 340, where Wilhelmsson describes that an FSK signal is generated by modulating an OFDM sub-carrier with a corresponding FSK symbol frequency; see Fig. 3 and paragraph 0081, steps 350, where Wilhelmsson that the generated FSK signal is transmitted on the OFDM signal).
Consider claims 2, 9 and 16:
Wilhelmsson discloses the invention according to claims 1, 8 and 15 above. Wilhelmsson discloses: wherein no information is carried in a frequency domain range between two adjacent OFDM subcarriers in the at least two OFDM subcarriers (see Fig. 2 and paragraph 0072, where Wilhelmsson a first OFDM sub-carrier 232 which is adjacent to a second OFDM sub-carrier 233, a first FSK symbol frequency is associated with the first OFDM sub-carrier 232, and a second FSK symbol frequency is associated with the second OFDM sub-carrier 233, there is no FSK signal association between the first OFDM sub-carrier 232 and the second OFDM sub-carrier 233).
Consider claims 3, 10 and 17:
Wilhelmsson discloses the invention according to claims 1, 8 and 15 above. Wilhelmsson discloses: the FSK signal occupies one OFDM subcarrier in the at least two OFDM subcarriers in one time unit (see Fig. 2 and paragraphs 0073-0074, where Wilhelmsson that a first FSK symbol 201 occupies OFDM sub-carrier 233 in a first time slot, and that a second FSK symbol 202 occupies OFDM sub-carrier 232 in a second time slot following the first time slot).
Consider claims 7 and 14:
Wilhelmsson discloses the invention according to claims 1 and 8 above. Wilhelmsson discloses: the FSK signal is used by the second device to obtain data, and the at least two OFDM subcarriers are a second subcarrier set (see Fig. 2 and paragraphs 0072-0073, where Wilhelmsson describes that a first FSK symbol 201 is associated with OFDM sub-carrier 233, and a second and a third FSK symbols 202 and 203 are associated with OFDM sub-carrier 232, the first FSK symbol 201 represents a logical data “0”, while the second and third FSK symbols 202 and 203 represent a logical data “1”).
Claim Rejections - 35 USC § 103
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 5, 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Wilhelmsson et al. (US 2020/0162306 A1), as applied to claims 1, 8 and 15 above, and further in view of Zyren (US 2009/0299532 A1).
Consider claims 5, 12 and 19:
Wilhelmsson discloses the invention according to claims 1, 8 and 15 above. Wilhelmsson does not explicitly disclose: receiving first information sent by the second device; and determining the at least two OFDM subcarriers based on the first information, or determining the at least two OFDM subcarriers that are predefined.
Zyren teaches: receiving first information sent by a second device; and determining at least two OFDM subcarriers based on the first information (see paragraph 0026, where Zyren describes a communication system which selects at least one pair of OFDM subcarrier frequencies for Frequency Shift Keying (FSK) modulation; see paragraph 0031, where Zyren describes selecting one of the pairs of OFDM subcarriers based on a received signal quality parameter).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to include: receiving first information sent by the second device; and determining the at least two OFDM subcarriers based on the first information, or determining the at least two OFDM subcarriers that are predefined, as taught by Zyren to modify the method of Wilhelmsson in order to compensate for frequency selective fading, as discussed by Zyren (see paragraph 0030).
Claims 6, 13 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wilhelmsson et al. (US 2020/0162306 A1) and Zyren (US 2009/0299532 A1), as applied to claims 5, 12 and 19 above, and further in view of Ljung et al. (US 2021/0185611 A1).
Consider claims 6, 13 and 20:
Wilhelmsson in view of Zyren discloses the invention according to claims 5, 12 and 19 above. Zyren discloses: the first information comprises signal quality parameter (see paragraph 0031, where Zyren describes selecting one of the pairs of OFDM subcarriers based on a received signal quality parameter). However, Wilhelmsson and Zyren do not explicitly disclose: the first information comprises: information about whether the second device supports FSK.
Ljung teaches: a first information comprises: information about whether a second device supports FSK (see Fig. 10 and paragraph 0100, where Ljung describes a user equipment which transmits a capability message to a base station, and the capability message indicates that the user equipment supports FSK).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to include: the first information comprises: information about whether the second device supports FSK, as taught by Ljung to modify the method of Wilhelmsson and Zyren in order to reduce power comsumption, as discussed by Ljung (see paragraph 0020).
Allowable Subject Matter
Claims 4, 11 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIHONG YU whose telephone number is (571)270-5147. The examiner can normally be reached 10:00 am-6:00 pm EST Monday-Friday.
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/LIHONG YU/Primary Examiner, Art Unit 2631
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