DETAILED ACTION
This action is responsive to the communications filed on 5/25/2025.
Currently, claims 1-20 are pending.
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.
(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.
Claims 1, 6, and 16 are concurrently rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Satoh et al. (US 2006/0097927: hereinafter “Satoh”)
With regards to claims 1 and 6, Satoh teaches a portable communication device (and method performed by a/the portable communication device) (figs. 1, 2, 7, and 8: where the invention of Satoh is directed to foldable and portable cellular telephone, see the cited figures as well as [0049+0057]. Where the Examiner notes that the method steps are implemented as functions of the cited hardware of Satoh), the device and the method (previously addressed) comprising (addressed below):
a plurality of antennas including a first antenna and a second antenna (figs. 1, 2, 7, and 8: see figs. 7+8: including two separate antennas 103a/103b in different housings/sections (upper vs lower) of the foldable/portable cell phone (as shown graphically in figure 7));
radio frequency (RF) circuitry (figs. 1, 2, 7, and 8: see figure 8, where the cellular transceiver 117 is mapped to the claimed RF circuitry, which is electrically connected to both antennas 103a/103b and transmits/receives signals on known RF cellular bands (as addressed by paragraph [0057+0058])) electrically connected with the first antenna and the second antenna (previously addressed and/or readily apparent); and
a communication processor including processing circuitry (figs. 1, 2, 7, and 8: see figure 8, where control portion (a.k.a. a controller) 112 is mapped to the claimed communication processor and the claimed ‘processing circuitry’ is mapped to the internal circuitry of the controller 112. Additionally the Examiner notes that by technical definition that controller 112 (as well as almost every other circuit within the cellphone) would be considered a ‘signal processor’ (in regards to the technical/engineering merits in the art). Furthermore, [0060] states “The control portion 122 is connected to the vibrator 114, the operating portion 115, the first Hall element 110, the second Hall element 111, the transceiver 117, the data converter 118 and the information recording portion 121 and controls these components”) and electrically connected with the RF circuitry (previously addressed and/or readily apparent), the communication processor (previously addressed) configured to (addressed below):
control the RF circuitry (previously addressed) to provide a first RF signal (figs. 1+2 and 7+8: this limitation is inherent to the technology and the operations of the cell phone of Satoh, for context also see [0057], e.g. the cellphone transmits a first RF uplink signal (in the W-CDMA frequency band during the ‘fully opened state’ (e.g. see figure 2 and ‘first/fully opened state’ [0054])) via the first antenna 103a. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is only used during #1) an opened/unfolded state (including a fully opened/unfolded state) and #2) W-CDMA cellular communication standard is implemented (including the corresponding RF frequency as well as frequency band)) corresponding to a specified frequency band to the first antenna based at least in part on the portable communication device being fully unfolded (figs. 1+2 and 7+8: for context also see [0057], e.g. the cellphone transmits a first RF uplink signal (in the W-CDMA frequency band during the ‘fully opened state’ (e.g. see figure 2 and ‘first/fully opened state’ [0054])) via the first antenna 103a. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is only used during: #1) an opened/unfolded state (including a fully opened/unfolded state) and #2) W-CDMA cellular communication standard is implemented (including the corresponding RF frequency as well as frequency band)); and
control the RF circuitry (previously addressed) to provide a second RF signal (figs. 1+2 and 7+8: this limitation is inherent to the technology and the operations of the cell phone of Satoh, for context also see [0057], e.g. the cellphone transmits a second RF uplink signal (in the W-CDMA frequency band (or a different disclosed frequency band) during the ‘closed opened state’ (e.g. see figure 1 and ‘fully closed state’ [0054])) via the second antenna 103b. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is ‘unavailable’ in the closed/folded state and the second antenna 103b is only option for uplink cellular communication during the ‘closed/folded state’ (including the corresponding second RF frequency as well as frequency band)) corresponding to the specified frequency band to the second antenna instead of the first antenna based at least in part on the portable communication device being fully folded (figs. 1+2 and 7+8: for context also see [0057], e.g. the cellphone transmits a second RF uplink signal in the W-CDMA frequency band (or a different disclosed frequency band) during the ‘closed state’ (e.g. see figure 1 and ‘fully closed state’ [0054])) via the second antenna 103b. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is ‘unavailable’ in the closed/folded state and the second antenna 103b is only option for uplink cellular communication during the ‘fully closed/folded state’ (including the corresponding second RF frequency as well as frequency band)).
With regards to claim 16, Satoh teaches a method performed by a foldable communication device (figs. 1, 2, 7, and 8: where the invention of Satoh is directed to foldable and portable cellular telephone, see the cited figures as well as [0049+0057]. Where the Examiner notes that the method steps are implemented as functions of the cited hardware of Satoh) comprising radio frequency (RF) circuitry and a plurality of antennas including a first antenna and a second antenna (figs. 1, 2, 7, and 8: see figs. 7+8: including two separate antennas 103a/103b in different housings/sections (upper vs lower) of the foldable/portable cell phone (as shown graphically in figure 7);
the cellular transceiver 117 is mapped to the claimed RF circuitry, which is electrically connected to both antennas 103a/103b and transmits/receives signals on known RF cellular bands (as addressed by paragraph [0057+0058])), the method (previously addressed) comprising (addressed below):
based on identifying that a status of the foldable communication device corresponds to a unfolded status, transmitting, using the RF circuitry, a first RF signal corresponding to a specified frequency band via the first antenna (figs. 1+2 and 7+8: for context also see [0057], e.g. the cellphone transmits a first RF uplink signal (in the W-CDMA frequency band during the ‘fully opened state’ (e.g. see figure 2 and ‘first/fully opened state’ [0054])) via the first antenna 103a. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is only used during #1) an opened/unfolded state (including a fully opened/unfolded state) and #2) W-CDMA cellular communication standard is implemented (including the corresponding RF frequency as well as frequency band).
Additionally but not exclusively, see [0067-0069], where the disclosed ‘hall elements’ are able to detect the opened/unfolded state(s) and closed/folded state (as well as the change between different open/closed states) the results of which are sent to the controller 122 for changing the operations and antenna selection of the cell phone);
determining that the status of the foldable communication device is changed from the unfolded status to a folded status (figs. 1+2 and 7+8: for context also see [0057], e.g. the cellphone transmits a second RF uplink signal in the W-CDMA frequency band (or a different disclosed frequency band) during the ‘closed state’ (e.g. see figure 1 and ‘fully closed state’ [0054])) via the second antenna 103b. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is ‘unavailable’ in the closed/folded state and the second antenna 103b is only option for uplink cellular communication during the ‘fully closed/folded state’ (including the corresponding second RF frequency as well as frequency band).
Additionally but not exclusively, see [0067-0069], where the disclosed ‘hall elements’ are able to detect the opened/unfolded state(s) and closed/folded state (as well as the change between different open/closed states) the results of which are sent to the controller 122 for changing the operations and antenna selection of the cell phone); and
based on the determination (previously addressed and/or readily apparent), transmitting, using the RF circuitry, a second RF signal corresponding to the specified frequency band via a second antenna changed from the first antenna (figs. 1+2 and 7+8: for context also see [0057], e.g. the cellphone transmits a second RF uplink signal in the W-CDMA frequency band (or a different disclosed frequency band) during the ‘closed state’ (e.g. see figure 1 and ‘fully closed state’ [0054])) via the second antenna 103b. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is ‘unavailable’ in the closed/folded state and the second antenna 103b is only option for uplink cellular communication during the ‘fully closed/folded state’ (including the corresponding second RF frequency as well as frequency band).
Additionally but not exclusively, see [0067-0069], where the disclosed ‘hall elements’ are able to detect the opened/unfolded state(s) and closed/folded state (as well as the change between different open/closed states) the results of which are sent to the controller 122 for changing the operations and antenna selection of the cell phone).
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 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Satoh et al. (US 2006/0097927: hereinafter “Satoh”) in view of Sato et al. (US 2017/0156142: hereinafter “Sato”).
With regards to claims 11 and 20, Satoh teaches a foldable communication device (figs. 1, 2, 7, and 8: where the invention of Satoh is directed to foldable and portable cellular telephone, see the cited figures as well as [0049+0057]. Where the Examiner notes that the method steps are implemented as functions of the cited hardware of Satoh) comprising (addressed below):
a plurality of antennas including a first antenna and a second antenna (figs. 1, 2, 7, and 8: see figs. 7+8: including two separate antennas 103a/103b in different housings/sections (upper vs lower) of the foldable/portable cell phone (as shown graphically in figure 7));
radio frequency (RF) circuitry (figs. 1, 2, 7, and 8: see figure 8, where the cellular transceiver 117 is mapped to the claimed RF circuitry, which is electrically connected to both antennas 103a/103b and transmits/receives signals on known RF cellular bands (as addressed by paragraph [0057+0058])) electrically connected with the first antenna and the second antenna (previously addressed and/or readily apparent);
at least one processor including processing circuitry (figs. 1, 2, 7, and 8: see figure 8, where control portion (a.k.a. a controller) 112 is mapped to the claimed at least one processor and the claimed ‘processing circuitry’ is mapped to the internal circuitry of the controller 112. Additionally the Examiner notes that by technical definition that controller 112 (as well as almost every other circuit within the cellphone) would be considered a ‘signal processor’ (in regards to the technical/engineering merits in the art). Furthermore, [0060] states “The control portion 122 is connected to the vibrator 114, the operating portion 115, the first Hall element 110, the second Hall element 111, the transceiver 117, the data converter 118 and the information recording portion 121 and controls these components”) and electrically connected with the RF circuitry (previously addressed and/or readily apparent),
memory (figs. 1+2 and 7+8: where the ‘information recording portion’ 121 (a.k.a. a memory unit) is mapped to the claimed ‘memory’; also see [0064+0095+0098]); and
the at least one processor individually or collectively (previously addressed and/or readily apparent), cause the foldable communication device (previously addressed and/or readily apparent) to (addressed below):
transmit, using the RF circuitry, a first RF signal corresponding to a specified frequency band via the first antenna based on identifying that a status of the foldable communication device corresponds to a unfolded status (figs. 1+2 and 7+8: for context also see [0057], e.g. the cellphone transmits a first RF uplink signal (in the W-CDMA frequency band during the ‘fully opened state’ (e.g. see figure 2 and ‘first/fully opened state’ [0054])) via the first antenna 103a. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is only used during #1) an opened/unfolded state (including a fully opened/unfolded state) and #2) W-CDMA cellular communication standard is implemented (including the corresponding RF frequency as well as frequency band).
Additionally but not exclusively, see [0067-0069], where the disclosed ‘hall elements’ are able to detect the opened/unfolded state(s) and closed/folded state (as well as the change between different open/closed states) the results of which are sent to the controller 122 for changing the operations and antenna selection of the cell phone);
determine that the status of the foldable communication device is changed from the unfolded status to a folded status (figs. 1+2 and 7+8: for context also see [0057], e.g. the cellphone transmits a second RF uplink signal in the W-CDMA frequency band (or a different disclosed frequency band) during the ‘closed state’ (e.g. see figure 1 and ‘fully closed state’ [0054])) via the second antenna 103b. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is ‘unavailable’ in the closed/folded state and the second antenna 103b is only option for uplink cellular communication during the ‘fully closed/folded state’ (including the corresponding second RF frequency as well as frequency band).
Additionally but not exclusively, see [0067-0069], where the disclosed ‘hall elements’ are able to detect the opened/unfolded state(s) and closed/folded state (as well as the change between different open/closed states) the results of which are sent to the controller 122 for changing the operations and antenna selection of the cell phone), and
transmit, using the RF circuitry, a second RF signal corresponding to the specified frequency band via the second antenna changed from the first antenna based on the determination that the status of the foldable communication device is changed from the unfolded status to a folded status (figs. 1+2 and 7+8: for context also see [0057], e.g. the cellphone transmits a second RF uplink signal in the W-CDMA frequency band (or a different disclosed frequency band) during the ‘closed state’ (e.g. see figure 1 and ‘fully closed state’ [0054])) via the second antenna 103b. Where [0057] states
“The antenna 103 includes a first antenna 103a and a second antenna 103b. The first antenna 103a housed in the first casing member 101a is an antenna which performs communications of W-CDMA system in the opened state alone. While the casing is in the closed state, communications using the antenna 103a are unavailable. The second antenna 103b, in the first place, performs communications of W-CDMA system in the closed state and in the second place, performs communications in the GSM band in either the opened or closed state. The second antenna is a multifrequency antenna which has a resonant point in the 900 MHz band, 1.8 GHz band and 1.9 GHz band as GSM bands as well as 2 GHz band as a W-CDMA band in order to perform communications in these four bands”.
In other words, the first antenna 103a is ‘unavailable’ in the closed/folded state and the second antenna 103b is only option for uplink cellular communication during the ‘fully closed/folded state’ (including the corresponding second RF frequency as well as frequency band).
Additionally but not exclusively, see [0067-0069], where the disclosed ‘hall elements’ are able to detect the opened/unfolded state(s) and closed/folded state (as well as the change between different open/closed states) the results of which are sent to the controller 122 for changing the operations and antenna selection of the cell phone).
Limitation 1 (below):
Where the Satoh reference is silent to disclosing ‘memory (i.e. non-transitory computer readable storage medium) including/storing one or more programs/instructions, which when executed by the at least one processor individually or collectively, cause the foldable communication device to’ perform/implement the previously addressed steps/functions (above).
However, secondary reference Sato shows a wireless communication system (see figure 2 and 6 and [0081]), where [0004] and [0103] state (with emphasis added):
[0103] In the present exemplary embodiment, the center node 200 (for example, REC) can be easily implemented by a general-purpose processor (general-purpose server 204), as described above. In the present exemplary embodiment, the center node 200 (for example, REC) performs processing which can be efficiently performed by a general-purpose processor. On the other hand, the access point 300 (or a relay node described later) implemented as dedicated hardware performs wireless signal processing performed poorly (with poor processing efficiency) by the general-purpose server 204. In this manner, functions are shared between the center node 200 and the access point 300. Thus, the center node 200 (for example, REC) can be easily implemented by a general-purpose processor (general-purpose server 204). In addition, implementing functions by the software 210 on the general-purpose server 204 enables not only a reduction in cost but also improvements in scalability, software portability, and functional flexibility. Details will be described later.
[0004] A software-defined communication system typically includes different kinds of memories, including RAM (random access memory), flash memory, and ROM (read only memory). RAM is the most expensive kind of memory and has the fastest writing and reading access speeds. Flash memory is less expensive, but has much slower access speeds. ROM is the least expensive kind of memory and has fast read access speeds comparable to those of RAM, but new data cannot be written into a ROM. Constant value code and program code can be stored in a flash memory and can be directly accessed from the RAM by a DSP or other processor, but this technique reduces the amount of expensive RAM that is required. Alternatively, constant value code and program code can be initially stored in the flash memory, then copied into the RAM, and then accessed directly by the DSP or other processor. This technique provides higher operating speed but is more costly because a larger amount of expensive RAM is required.
Therefore, in view of the cited teachings of Sato above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Satoh (as previously addressed) to have a/the ‘memory (i.e. non-transitory computer readable storage medium) including/storing one or more programs/instructions, which when executed by the at least one processor individually or collectively, cause the foldable communication device to perform/implement the previously addressed steps/functions’ in order to yield the corresponding disclosed benefits of Sato including ‘reduction in cost, improvements in scalability, software portability, and/or functional flexibility’ (as compared with hardware per se implementation). Where one of ordinary skill in the art before the effective filing date of the claimed invention would have had a reasonable expectation for success in regards to the modification/combination above (as evident by the cited merits of the Sato reference, above).
Allowable Subject Matter
Claims 2-5, 7-10, 12-15, and 17-19 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 (with regards to the provisions of 35 U.S.C. 102 and 35 U.S.C. 103).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and are cited in the attached PTO-892 form.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James M. Perez, telephone number (571)270-3231. The examiner can normally be reached Monday through Friday: 10am to 6pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David C. Payne can be reached at (571)272-3024. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES M PEREZ/Primary Examiner, Art Unit 2635 8/21/2026