`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/908,914
`
`09/02/2022
`
`Chen SUN
`
`18923US01
`
`8127
`
`Xsensts
`
`/Sony
`
`mens
`
`Xsensus / Sony
`100 Daingerfield Road, Suite 402
`Alexandria, VA 22314
`
`TAHA, SHUKRI ABDALLAH
`
`ART UNIT
`
`2478
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/18/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`Xdocket @ XSensus.com
`
`Xsensuspat@ XSensus.com
`anaquadocketing @ Xsensus.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`Office Action Summary
`
`Application No.
`17/908,914
`Examiner
`SHUKRI A TAHA
`
`Applicant(s)
`SUN etal.
`Art Unit
`2478
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 09/02/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-32 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`CL] Claim(s)__is/are allowed.
`Claim(s) 1-2,9-10,12-14,16-17,19 and 24 is/are rejected.
`Claim(s) 5-8 and 20-23 is/are objected to.
`C) Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 09/02/2022 is/are: a)¥) accepted or b)() objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)() None ofthe:
`b)( Some**
`a) All
`1.@) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20241112
`
`
`
`Application/Control Number: 17/908,914
`Art Unit: 2478
`
`Page 2
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`DETAILED ACTION
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`The presentapplication, filed on or after March 16, 2013,
`
`is being examined underthe
`
`first inventor to file provisions of the AIA.
`
`This is anon-final action for application number 17/908,914 in responseto an original
`
`application filed on 09/02/2022.
`
`Claims 1-32 are currently pending and have beenconsidered below.
`
`Claims 3, 11, 15, 18 and 25-32 have beencancelled.
`
`Claims 1, 9 and 15 are independentclaims.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS), submitted on 09/02/2022 is in compliance
`
`with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being
`
`considered by the examiner.
`
`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 patentfor 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 effectivefiling
`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.
`
`
`
`Application/Control Number: 17/908,914
`Art Unit: 2478
`
`Page 3
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`Claims 1, 2, 9, 10, 12-14, 16, 17, 19 and 24 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Bose etal.
`
`(US 2014/0237547 A1)
`
`in view of Harel et al.
`
`(US 2021/0037444
`
`Al).
`
`Regarding claims 1, 9 and 16, an electronic device, [Spectrum Access Server 102 of
`
`Figure 1], comprising:
`
`processing circuitry [Spectrum Access Server 102 of Figure 1] configured to:
`
`receive spectrum usagestatistical information from at least one sub-
`
`spectrum managementdevice, [receiving information about spectrum usagelocal to the first
`
`device, (Bose et al., Paragraph 6)], the spectrum usagestatistical information including:
`
`spectrum usage related information of a secondary system managed by the sub-
`
`spectrum managementdevice, [The system includes a first database storing information on
`
`spectrum usageoffirst tier users; asecond database storing information on spectrum usage
`
`of second tier users; and a spectrum analytic engine to make dynamic spectrum allocation
`
`decisions based on the information in the first and second databases, (Boseet al., Paragraph
`
`7)1,
`
`wherein the at least one sub-spectrum management deviceis in an offline state, [The
`
`spectrum access manager is involved in dynamically managing the device permissions. Unlike
`
`TV whitespaces, where the incumbenttelevision stations are stationary and new stations
`
`come on andoff line on a timescale of years, the spectrum landscape in the band for new
`
`wireless devices changes on a much morerapid time scale, (Bose et al., Paragraph 43)],
`
`
`
`Application/Control Number: 17/908,914
`Art Unit: 2478
`
`Page 4
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`Bose et al. fails to explicitly teach interference related information of the secondary
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`system managed by the sub- spectrum management device,
`
`Harel et al. teachesthat the shared spectrum input information mayinclude a definition
`
`of available channels to be usedas shared spectrum, a spectrum sharing policy between the
`
`different service providers, load information of the remote units, DCS intra-site interference
`
`information received by the remote units, inter-site interference information received by the
`
`remote units, and/or interference information experienced by the subscriber devices, (Harel et
`
`al., Paragraph 9),
`
`Harel et al. furtherteaches generate, based on the spectrum usagestatistical
`
`information from the at least one sub- spectrum managementdevice, spectrum usage guidance
`
`information for a secondary system managed by each sub-spectrum managementdevice, [The
`
`spectrum usage coordination circuit is configured to receive shared spectrum input
`
`information, determine which shared spectrum channels of the plurality of downlink
`
`communications signals to allocate to the plurality of remote units based on the shared
`
`spectrum input information, allocate the determined shared spectrum channels of the
`
`plurality of downlink communications signals to the plurality of remote units based on the
`
`determined shared spectrum channels of plurality of downlink communications signals to
`
`allocate to the plurality of remote units in the routing information, and communicate the
`
`routing information to the routing circuit, (Harel et al., Paragraph 10)],
`
`It would have been obvious to one of ordinary skill in the art at the time of the invention
`
`was made to modify Bose et al. by including that interference related information of the
`
`secondary system managed by the sub- spectrum management device, (Harel et al., Paragraph
`
`
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`Application/Control Number: 17/908,914
`Art Unit: 2478
`
`Page 5
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`9), in order to support coordination of distribution of shared spectrum from multiple service
`
`providers to remote units to be distributed to subscriber devices, (Harel et al., Paragraph 8).
`
`Regarding claims 2, 10 and 17, the electronic device wherein the offline state refers to a
`
`state of not communicating with the electronic device in real time, and/or the interference
`
`related information of the secondary system indicates interference suffered by the secondary s
`
`ystem that is determined through measurement, [The spectrum access manager is involved in
`
`dynamically managing the device permissions. Unlike TV whitespaces, where the incumbent
`
`television stations are stationary and new stations come on and off line on a timescale of
`
`years, the spectrum landscape in the band for new wireless devices changes on a much more
`
`rapid time scale, (Bose et al., Paragraph 43)].
`
`Regarding claims 4, 12 and 19, the electronic device wherein the spectrum usage related
`
`information of the secondary system indicates an area, a frequency band anda time
`
`of spectrum usage of the secondary system, and the interference related information of
`
`the secondary system indicates an area, a frequency band and atime of interference suffered
`
`by the secondary system, wherein the spectrum usage related information of the secondary
`
`system includes a geographic location, a coverage, as well as a time and a frequency band
`
`of spectrum usage of a base station of the secondary system, [The tier 1 government agency
`
`users may have been granted exclusive use of a segmentof spectrum, but uses the segment
`
`of spectrum only in certain geographical regions at certain, (Bose et al., Paragraph 18)], [The
`
`request can include information such as location, frequency bands the device canutilize,
`
`
`
`Application/Control Number: 17/908,914
`Art Unit: 2478
`
`Page 6
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`requested bandwidth, desired timeframe for operation, antenna type, antenna height above
`
`ground, and/or desired output power, (Bose et al., Paragraph 26)].
`
`Regarding claim 13, the electronic device according to claim 9, wherein the processing
`
`circuitry is configured to periodically or aperiodically sendthe acquired spectrum usage
`
`statistical information to the central spectrum device, [many devices perform somesort of
`
`spectrum sensing. For example, many cellular phones periodically provide measurement
`
`reports back to the network operator, the reports containing the identities and strengths of
`
`the cell towers within range of the phone,(Bose et al., Paragraph 36)].
`
`Regarding claim 14, the electronic device according to claim 9, wherein the processing
`
`circuitry is further configured to determine spectrum usageof the secondary system managed
`
`by the electronic device with reference to the spectrum usage guidance information generated
`
`by the central spectrum device, [The spectrum usage coordination circuit is configured to
`
`receive shared spectrum input information, determine which shared spectrum channels of
`
`the plurality of downlink communications signals to allocate to the plurality of remote units
`
`based on the shared spectrum input information, allocate the determined shared spectrum
`
`channels of the plurality of downlink communications signals to the plurality of remote units
`
`based on the determined shared spectrum channels of plurality of downlink communications
`
`signals to allocate to the plurality of remote units in the routing information, and
`
`communicate the routing information to the routing circuit, (Harel et al., Paragraph 10)].
`
`
`
`Application/Control Number: 17/908,914
`Art Unit: 2478
`
`Page 7
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`Regarding claim 24, the electronic device according to claim 16, wherein the processing
`
`circuitry is configured to:
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`periodically or aperiodically receive spectrum usagestatistical information from the
`
`another electronic device, periodically or aperiodically send the acquired spectrum usage
`
`statistical information of the secondary system managed by the electronic device to the
`
`another electronic device, , [many devices perform some sort of spectrum sensing. For
`
`example, many cellular phones periodically provide measurement reports back to the
`
`network operator, the reports containing the identities and strengths of the cell towers
`
`within range of the phone, (Boseetal., Paragraph 36)],
`
`exchange synchronization period information with the another electronic device, and/or
`
`determine spectrum usage of a secondary system managed bythe electronic device with
`
`reference to the generated spectrum usage guidance information, [The spectrum access
`
`manager is involved in dynamically managing the device permissions. Unlike TV whitespaces,
`
`where the incumbenttelevision stations are stationary and new stations come on and offline
`
`on atimescale of years, the spectrum landscape in the band for new wireless devices changes
`
`on amuch morerapid time scale, (Bose et al., Paragraph 43)].
`
`Allowable Subject Matter
`
`Claims 5-8 and 20-24 are objectedto as being dependent upona rejected baseclaim,
`
`but would be allowable if rewrittenin independent form including all of the limitations of the
`
`base claim and anyintervening claims.
`
`
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`Application/Control Number: 17/908,914
`Art Unit: 2478
`
`Page 8
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Shukri Taha whose telephone numberis 571-270-1921. The
`
`examiner can normally be reached on 8:30am-5pm Mon-Fri.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Joseph Avellino can be reached on 571-272-3905.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have
`
`questions on accessto the Private PAIR system, contact the Electronic Business Center (EBC) at
`
`866-217-9197 (toll-free).
`
`/SHUKRI TAHA/
`
`Primary Examiner, Art Unit 2478
`
`