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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`15/034,736
`
`05/05/2016
`
`Toshiyuki Sugitani
`
`732256.439USPC
`
`1020
`
`Seed IP Law Group LLPflDanasonic
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`SHIUE’ DONG-CHANG
`
`ART UNIT
`
`2648
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/08/2017
`
`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.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
`
`patentinfo @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 15/034,736 SUGITANI, TOSHIYUKI
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`DONG-CHANG SHIUE $2215 2648
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`Period for Reply
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`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`after SIX () MONTHS from 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) MONTHS from the mailing date of this communication.
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`- 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, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1 .704(b).
`
`In no event, however, may a reply be timely filed
`
`Status
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`1)IZI Responsive to communication(s) filed on 05/12/2017.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|ZI This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`
`5)IZI Claim(s) 1-15is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| Claim(s)_1-15 is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
`
`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`Application Papers
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`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I 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).
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`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)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| Copies of the certified copies of the priority documents have been received in this National Stage
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`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.
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`Attachment(s)
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`
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20170530
`
`

`

`Application/Control Number: 15/034,736
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`Page 2
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`Art Unit: 2648
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`DETAILED ACTION
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1. 1 14
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
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`application is eligible for continued examination under 37 CFR 1.114, and the fee set
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`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
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`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
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`05/12/2017 has been entered.
`
`Response to Arguments
`
`On pages 8-9 of the Remarks filed on 05/12/2017, Applicant’s arguments with
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`respect to independent claims 1 and 12 have been considered but are moot because
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`the arguments do not apply to the new combination of references being used in the
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`current rejection of the amended claims.
`
`Examiner Mates
`
`The Examiner cites particular eeiurhrie and iihe number‘s iii the referehcee as
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`appiied to the eiaiihe beiew for the convenience ei the Appiieent. Aitheugh the specified
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`citations are representative at the teachihgs iii the art arid are eppiied te the specific
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`iimitetiehe within the inciividuai cieii‘h, ether passages and figures may eppiy ee weii.
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`it is
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`reepeettuiiy requested that, in preparing reepeheee, the Appiicaht iuiiy eeheiders the
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`

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`Application/Control Number: 15/034,736
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`Page 3
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`Art Unit: 2648
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`references in its entirety as potentiaily teaching ail or part of the claimed invention, as
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`welt as the context of the passage as taught by the prior art or as disclosed by the
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`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 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.
`
`1.
`
`Claims 1-5, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over US 6434365 (Knutson‘365) in view of US 6788924 (Knutson'924), and further in
`
`view of US 20100081449 (Chaudhri) and EP1026850 (Warwick).
`
`Regarding claim 1, Knutson‘365 discloses that “A wireless communication
`
`apparatus comprising:
`
`a base unit (Knutson'365, Fig. 1 and col. 2, |ine14: TDMA system 100
`
`comprises a base unit 110); and
`
`one or a plurality of handsets (Knutson'365, Fig. 1 and col. 2, |ine14-20: System
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`100 also comprises N wireless handsets 120_1 , 120_2 ,
`
`120_N), wherein:
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`the base unit amplifies a control signal to a first transmission power value and
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`transmits the control signal to each of the handsets (Knutson‘365, col. 6,
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`lines 9-18:
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`base 110 periodically transmits a synchronization data message 220, containing
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`

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`Application/Control Number: 15/034,736
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`Page 4
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`Art Unit: 2648
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`the following information:
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`3. 4-bit word indicating power level being
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`transmitted (power level field 227, wherein it is construed that synchronization
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`data message is a type of control signal which is amplified to a power level
`
`indicated in power level field 227), the control signal including information indicating
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`the first transmission power value, (Knutson'365, Figs. 2 & 3 and col. 5, lines 55-58:
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`handset 120,- can determine from the 4 bits of power level field 227 at which power
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`level the message was transmitted by base unit 110 (step312), wherein the first
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`transmission power value is the embedded power level information expressed as
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`a 4-bit data in 227 in Fig. 2);
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`each of the handsets measures a received signal strength indicator level of the
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`control signal and determines a second transmission power value based on the
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`measured value of the received signal strength indicator level and the first transmission
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`power value (Knutson'365, col. 6, lines 57-61: Because it knows, from the
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`embedded power level information, the power level of the too-weak signal
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`received from base unit 110, it can use this power level information to determine
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`how much to increase its own power level by, wherein the received signal
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`strength is measured and determined to be too weak and the first transmission
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`power value is the embedded power level information expressed as a 4-bit data in
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`227 in Fig. 2);
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`each of the handsets amplifies a signal to a second transmission power value and
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`transmits the signal to the base unit using a single slot within a frame including a
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`plurality of slots, (Knutson'365, Abstract, last 4 lines: the transmitter transmits to
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`

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`Application/Control Number: 15/034,736
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`Page 5
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`Art Unit: 2648
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`the base transceiver a return data message at a return power level..., and col. 1,
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`lines 25-28: In a TDMA system, a single RF channel is used, and each handset
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`transmits and receives data during a dedicated time slice or slot within an overall
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`cycle or epoch, wherein 2ms field 210 is a frame including a plurality of slots), the
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`signal transmitted in the single slot including voice data {gjssgssgs
`
`
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`issass:isssssssiszs.::ss-s_:sssss s } (Knutson'365, Fig. 2 and col. 3, lines 19:29: audio
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`packet structure 230,... during a discrete time slice (or slot)...).” Further,
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`Knutson’365 also discloses that information indicating the second transmission power
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`value is a single slot (Knutson’365, Fig. 2, col. 6, lines 1-4:
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`both the base and the
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`handset exchanging AGC level information..., wherein AGC level is directly related to
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`transmission power level as specified in field 227 described above). Therefore,
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`Knutson’365 discloses that voice data g information indicating the second transmission
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`power is transmitted in a single time slot.
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`But, Knutson'365 does not expressly disclose that using a control channel during
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`a standby state, and the control channel being used for transmitting the control signal.
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`However, Knutson'924 teaches that “using a control channel during a standby
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`state, and the control channel being used for transmitting the control signal
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`(Knutson'924, Fig. 2 and col. 3 line 67 to col. 4, lines 1-2: the base transmits data
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`in the first time slot (slot 251), to one of the 12 handsets, e.g. handset 1201,
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`wherein slot 251 is a control channel for the base unit to send signal such as
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`synchronization data as described above; and col. 3, lines 54-56: These data
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`packets may contain various types of data, such as synchronization data or
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`

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`Application/Control Number: 15/034,736
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`Page 6
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`Art Unit: 2648
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`words with time stamp information transmitted to a handset in sleep mode,
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`wherein sleep mode is a type of standby mode); Knutson further teaches using a
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`single within a frame including a plurality of slots, (Knutson’924, Fig. 2 and Col. 4,
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`lines 13-15: In row pairs 1-11, the same sequence occurs, except the data packets
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`are to and from different handsets than for row pair 0, wherein it is construed that
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`each row pair is a frame; and col. 4, lines 2-4: there is a row pair for each handset,
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`so that each handset can receive and transmit data to base unit 110 once per
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`epoch, wherein each epoch is a defined interval and comprises a plurality of
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`frames; and col. 4, lines 4-9: After the first data slot 251, 5 assuming handset 1201
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`is operational (off hook), an audio packet is transmitted to handset 1201 in audio
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`packet slot 253, then an audio packet is transmitted by handset 1201 to base unit
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`110 in audio packet slot 254, and so on for 3 of the other handsets until the end of
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`the field or row, wherein only a single slot is used and delivery confirmation is
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`not taught by Knutson’924.)” Further, claim 1 merely recites a frame including a
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`plurality of slots without further defining what the frame structure actually is.
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`Knutson’365 discloses that base unit and handset exchange transmit power levels
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`automatically in a 4-bit data field in a packet (see 227 in Fig. 2).
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to implement Knutson'924’s teaching in the
`
`apparatus of Knutson'365 that each handset can receive the control data such as
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`synchronization data in the dedicated control channel or slot when handsets are all in
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`

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`Application/Control Number: 15/034,736
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`Page 7
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`Art Unit: 2648
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`standby state and also can properly transmit/receive audio data in the designated single
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`slot from/to the base unit within the TDMA time frame structure.
`
`Knutson'365 and Knutson‘924 do not explicitly teach that the base unit measures
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`a received signal strength indicator level of the signal transmitted from each of the
`
`handsets and determines the first transmission power value based on the measured
`
`value of the received signal strength indicator level and the second transmission power
`
`value.
`
`Chaudhri teaches that “the base unit measures a received signal strength
`
`indicator level of the signal transmitted from each of the handsets and determines the
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`first transmission power value based on the measured value of the received signal
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`strength indicator level and the second transmission power value (Chaudhri, [0030],
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`2nd equation: Pmss is the base transmit amplifier power output and is based on
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`PmMs and RSSITGEBS, wherein PmBs is the first transmission power value and
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`RSSITGEBS is the received signal strength at the base; and [0039], last 4 lines: the
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`path loss being determined by the difference between the transmit power of the
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`CR base station and the received signal strength of the mobile subscriber,
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`wherein the pathloss calculation is well known and is taught by Chaudhri, and
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`exchanging AGC levels between base and handset and hence the second
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`transmission power level is sent to base by handset, which is taught by
`
`Knutson'365 above.)” Further, Knutson’365 discloses that, in at least col. 6, lines 57-
`
`61, Because it knows, from the embedded power level information, the power level of
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`the too-weak signal received from base unit 110, it can use this power level information
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`

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`Application/Control Number: 15/034,736
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`Page 8
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`Art Unit: 2648
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`to determine how much to increase its own power level by, which inherently discloses
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`that the method of determining the handset transmission power level can be readily
`
`applicable to the base unit.
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to implement Chaudhri’s teaching in the
`
`apparatus of Knutson'365 and Knutson'924 so that an appropriate base transmit power
`
`level can be determined from the RSSI and the transmit power level of the handsets
`
`and also a more efficient transmit power level adjustment can be achieved.
`
`The combination of Knutson’365, Knutson’924, and Chaudhri does not
`
`expressly teach that the signal transmitted in the single slot including {:5,:j;g.;.
`
`information indicating the second transmission power value.
`
`Warwick teaches that the signal transmitted in the single slot including voice data
`
`fl information indicating the second transmission power value (Warwick, Abstract,
`
`last 6 lines: the error protection information may include error correction
`
`information, e.g., forward error correction information, relating to the control data
`
`
`and/or to the voice data to improve the reliability of the control data and/or voice
`
`dai being transmitted. The error protection information may be combined with
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`the voice data in the single communication channel time slot by, e.g.,
`
`multiplexing, or apportioning of the time slot) and (Knutson’365 also discloses
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`that information indicating the second transmission power value is a single slot
`
`(Knutson’365, Fig. 2, col. 6, lines 1-4:
`
`both the base and the handset
`
`exchanging AGC level information..., wherein AGC level is directly related to
`
`

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`Application/Control Number: 15/034,736
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`Page 9
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`Art Unit: 2648
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`transmission power level as specified in field 227 described above). Therefore,
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`Knutson’365 discloses that voice data g information indicating the second transmission
`
`power is transmitted in a single time slot. The control data is notoriously well known in
`
`the art to include various types of information, such as, but not limited to, transmission
`
`power value or indicator, application, physical layer and MAC parameters, etc.
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to implement WanNick’s teaching in the
`
`apparatus of Knutson'365 and Knutson'924, and Chaudhri so that the interoperability
`
`can be maintained because the DECT standard allows proprietary formats to be
`
`transmitted in the voice data channel (Abstract, lines 8-10). Doing so would also
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`improve the reliability of the control data transmission (Abstract, line 14-15) because the
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`transmission power value can be updated in every time slot for each handset without
`
`waiting for the next update in the next frame.
`
`Regarding claim 2, Knutson‘365 and Knutson'365 further teach that “The
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`wireless communication apparatus according to claim 1, wherein:
`
`each of the handsets comprises a counter for intermittent operation (Knutson‘924, Fig.
`
`2 and col. 2, lines 61-65: a handset powers off by switching off power to at least
`
`its CPU and transceiver (receiver and transmitter) units, while leaving powered on
`
`only a clock and associated timer or watchdog circuitry sufficient to wake up the
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`CPU at a predetermined slot time, wherein counter 212 is a counter used to wake
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`up handset, which is an intermittent operation); and when the counter expires, each
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`

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`Application/Control Number: 15/034,736
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`Page 10
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`Art Unit: 2648
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`of the handsets transmits the signal including the information indicating the second
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`transmission power value to the base unit using a slot having a predetermined
`
`positional relationship with a slot of the control channel used for receiving the control
`
`signal (Knutson'365, col. 6, lines 1-4:
`
`both the base and the handset
`
`exchanging AGC level information..., wherein AGC level is directly related to
`
`transmission power level) and (Knutson'294, Fig. 2 and col. 4, lines 9-11: in the
`
`odd row for row pair 0, data slot 252 is used to receive data transmitted from
`
`handset 1201 to base unit 110).”
`
`Regarding claim 3, Knutson'365 further discloses that “The wireless
`
`communication apparatus according to claim 1, wherein, when a predetermined event
`
`occurs (Knutson‘365, col. 6, lines 54-56: handset 120: can recognize from the
`
`received signal getting too weak (i.e., starting to drop below the SNR threshold)
`
`that the power level of its own transmission needs to be increased, wherein it is
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`construed that received signal dropping below the SNR threshold is technically
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`the same as the propagation loss exceeding a predetermined threshold assuming
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`base 's transmission power remains the same), each of the handsets transmits the
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`signal including the information indicating the second transmission power value to the
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`base unit using a slot having a predetermined positional relationship with a slot of the
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`control channel used for receiving the control signal (Knutson‘365, col. 1, lines 27-29:
`
`each handset transmits and receives data during a dedicated time slice or slot
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`within an overall cycle or epoch; and col. 6, lines 1-4:
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`both the base and the
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`

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`Application/Control Number: 15/034,736
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`Page 11
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`Art Unit: 2648
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`handset exchanging AGC level information..., wherein AGC level is directly
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`related to transmission power level) and (Knutson'294, Fig. 2 and col. 4, lines 9-
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`11 : in the odd row for row pair 0, data slot 252 is used to receive data transmitted
`
`from handset 1201 to base unit 110).”
`
`Regarding claim 4, Knutson'365 further discloses that “The wireless
`
`communication apparatus according to claim 3, wherein the predetermined event is an
`
`event that a propagation loss between the handset and the base unit exceeds a
`
`predetermined level (Knutson'365, col. 6, lines 54-56: handset 120i can recognize
`
`from the received signal getting too weak (i.e., starting to drop below the SNR
`
`threshold) that the power level of its own transmission needs to be increased,
`
`wherein it is construed that received signal dropping below the SNR threshold is
`
`technically the same as the propagation loss exceeding a predetermined
`
`threshold assuming base '3 transmission power remains the same.)”
`
`Regarding claim 5, Knutson'365 further discloses that “The wireless
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`communication apparatus according to claim 3, wherein the predetermined event is an
`
`event that a sensor of the handset detects a predetermined incident (Knutson'365, col.
`
`6, lines 53-55: during the sleep mode, handset 120; moves farther away from base
`
`unit 110, handset 120; can recognize from 55 the received signal getting too
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`weak, wherein it is construed that a recognition unit or a detector that detects
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`

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`Application/Control Number: 15/034,736
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`Page 12
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`Art Unit: 2648
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`week 388! is a type of sensor sensing a predetermined incident which is very
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`weak RSSI.)
`
`Regarding claim 11, Knutson'365 and Knutson'924 further teach that “The
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`wireless communication apparatus according to claim 1, wherein:
`
`the base unit transmits a message for requesting transmission of the second
`
`
`transmission power value using the control channel for transmitting the control signal at
`
`predetermined time intervals (Knutson'365, col. 3, lines 63-64: 4-bit slot number
`
`field; and Knutson‘924, Fig. 2 and col. 2, lines 19-21: a schematic representation
`
`of the TDMA slot structure and handset counters in the TDMA scheme of the
`
`system of Fig. 1, wherein it is construed that base transmits and designates this
`
`slot for a handset to transmits data back to base and hence base unit requests
`
`transmission of the second transmission during this designated channel at
`
`predetermined time intervals such as an epoch, where the second transmission
`
`power level is sent back to base in the form of A60 levels as described above);
`
`and
`
`upon reception of the message transmitted from the base unit, each of the
`
`handsets transmits the signal including the information indicating the second
`
`transmission power value to the base unit using a slot having a predetermined
`
`positional relationship with a slot of the control channel used for receiving the control
`
`signal (Knutson'365, col. 1, lines 27-29: each handset transmits and receives data
`
`during a dedicated time slice or slot within an overall cycle or epoch; and col. 6,
`
`

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`Application/Control Number: 15/034,736
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`Page 13
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`Art Unit: 2648
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`lines 1-4:
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`both the base and the handset exchanging AGC level information...,
`
`wherein AGC level is directly related to transmission power level) and
`
`(Knutson'294, Fig. 2 and col. 4, lines 9-11: in the odd row for row pair 0, data slot
`
`252 is used to receive data transmitted from handset 1201 to base unit 110).”
`
`Regarding claim 12, Knutson’365 further discloses a time division multiple
`
`access (TDMA) scheme (Knutson’365, Fig. 2 and col. 2, lines 1-3:
`
`TDMA
`
`scheme...) and the claim is interpreted and rejected for the same reason as set forth in
`
`claim 1 above.
`
`2.
`
`Claims 6, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`US 6434365 (Knutson'365), US 6788924 (Knutson'924), US 20100081449
`
`(Chaudhri), and EP1026850 (Warwick) in view of US 7876704 (Bims).
`
`Regarding claim 6, Knutson‘365, Knutson‘924, Chaudhri, and Warwick teach
`
`the features of claim 3, and further teach that “...inc|uding the information indicating the
`
`second transmission power value (Knutson‘365, col. 6, lines 1-4:
`
`both the base
`
`and the handset exchanging AGC level information)”, but do not expressly teach
`
`that wherein each of the handsets changes, in accordance with details of the
`
`predetermined incident, a number of frames for continuously transmitting the signal.
`
`Bims teaches that “wherein each of the handsets changes, in accordance with
`
`details of the predetermined incident, a number of frames for continuously transmitting
`
`

`

`Application/Control Number: 15/034,736
`
`Page 14
`
`Art Unit: 2648
`
`the signal including the information indicating the second transmission power value
`
`(Bims, Fig. 30A, col. 36, lines 62-66: at block 3001, a mobile station detects that it
`
`is about to lose or has already lost a connection with the primary repeater it has
`
`been communicating based on, for example, errors, and starts to send several
`
`retry, probe request, and RTS (request to send) messages trying to restore the
`
`connection; and exchanging AGC levels is taught by Knutson'365 as described
`
`above).”
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to implement Bims’ teaching in the
`
`apparatus of Knutson'365, Knutson'924, Chaudhri, and Warwick in order to restore the
`
`connection by repeatedly sending several retries, probe requests, etc. and
`
`Knutson’365’s AGC level, in the form of frames, to the base unit.
`
`Regarding claim 8, Bims further teaches that “The wireless communication
`
`apparatus according to claim 1, wherein, when the handset cannot correctly receive a
`
`signal from the base unit, the handset continuously transmits the signal including the
`
`information indicating the second transmission power value over a plurality of frames
`
`(Bims, Fig. 30A, col. 36, lines 62-66: at block 3001, a mobile station detects that it
`
`is about to lose or has already lost a connection with the primary repeater it has
`
`been communicating based on, for example, errors, and starts to send several
`
`retry, probe request, and RTS (request to send) messages trying to restore the
`
`

`

`Application/Control Number: 15/034,736
`
`Page 15
`
`Art Unit: 2648
`
`connection; and exchanging AGC levels is taught by Knutson'365 as described
`
`above)”
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to implement Bims’ teaching in the
`
`apparatus of Knutson'365, Knutson'924, Chaudhri, and Warwick in order to restore the
`
`connection by repeatedly sending several retries, probe requests, etc. and
`
`Knutson’365’s AGC level, in the form of frames, to the base unit.
`
`Regarding claim 9, Knutson‘365, Knutson'924, Chaudhri, and Warwick teach
`
`the features of claim 1, and further teach that “wherein, when it is determined that a
`
`propagation loss between the handset and the base unit increases to a value greater
`
`than a predetermined value (Knutson'365, col. 6, lines 54-56: handset 120i can
`
`recognize from the received signal getting too weak (i.e., starting to drop below
`
`the SNR threshold) that the power level of its own transmission needs to be
`
`increased),” but do not expressly teach that the handset continuously transmits the
`
`signal including the information indicating the second transmission power value over a
`
`plurality of frames.
`
`Bims teaches that “the handset continuously transmits the signal including the
`
`information indicating the second transmission power value over a plurality of frames
`
`(Bims, Fig. 30A, col. 36, lines 62-66: at block 3001, a mobile station detects that it
`
`is about to lose or has already lost a connection with the primary repeater it has
`
`been communicating based on, for example, errors, and starts to send several
`
`

`

`Application/Control Number: 15/034,736
`
`Page 16
`
`Art Unit: 2648
`
`retry, probe request, and RTS (request to send) messages trying to restore the
`
`connection; and exchanging AGC levels is taught by Knutson'365 as described
`
`above)”
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to implement Bims’ teaching in the
`
`apparatus of Knutson'365, Knutson'924, Chaudhri, and Warwick in order to restore the
`
`connection by repeatedly sending several retries, probe requests, etc. and
`
`Knutson’365’s AGC level, in the form of frames, to the base unit.
`
`3.
`
`Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 6434365
`
`(Knutson'365), US 6788924 (Knutson'924), US 20100081449 (Chaudhri), and
`
`EP1026850 (Warwick) in view of us 20030228865 (Terry).
`
`Regarding claim 7, Knutson‘365, Knutson‘924, Chaudhri, and Warwick teach
`
`the features of claim 1, and further teach that “The wireless communication apparatus
`
`according to claim 1, wherein the base unit measures a received signal strength
`
`indicator level of a signal transmitted from each of the handsets, calculates a
`
`propagation loss between the base unit and the handset based on the measured value
`
`of the received signal strength indicator level and the second transmission power value
`
`(Chaudhri, [0039], last 4 lines: the path loss being determined by the difference
`
`between the transmit power of the CR base station and the received signal
`
`strength of the mobile subscriber, wherein the pathloss calculation is well known
`
`

`

`Application/Control Number: 15/034,736
`
`Page 17
`
`Art Unit: 2648
`
`and is taught by Chaudhri, and exchanging AGC levels between base and
`
`handset is taught by Knutson'365 above.)” but does not explicitly teach that
`
`determines the first transmission power value based on a handset having a largest
`
`propagation loss, as a reference.
`
`Terry teaches that “determines the first transmission power value based on a
`
`handset having a largest propagation loss, as a reference (Terry [0034], lines 11-14:
`
`the BAN 70 would typically set the transmission power level at a level for
`
`reception by the user having the worst reception quality, such as the user having
`
`the largest pathloss.)”
`
`Therefore, it would have been obvious to one of ordinary skill in the art before the
`
`effective filing date of the claimed invention to implement Terry’s teaching in the
`
`apparatus of Knutson'365, Knutson'924, Chaudhri, and Warwick so that the handset
`
`having the largest pathloss can be included in the coverage area by the base unit.
`
`4.
`
`Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over US
`
`6434365 (Knutson'365), US 6788924 (Knutson'924), US 20100081449 (Chaudhri),
`
`and EP1026850 (Warwick) in view of US 20010023189 (Kajimura).
`
`Regarding claim 10, the combination of Knutson‘365, Knutson‘924, Chaudhri,
`
`and Warwick teaches the features of claim 1, and further teaches that “wherein:
`
`when the base unit cannot receive a signal from a handset having a telephone
`
`function for a predetermined period of time, the base unit performs transmission power
`
`

`

`Application/Control Number: 15/034,736
`
`Page 18
`
`Art Unit: 2648
`
`control with an assumption that the handset no longer exists (Knutson'365, col. 5,
`
`lines 18-21: When handset 120; is inactive, base unit 110 periodically transmits,
`
`during the appropriate TDMA epoch data slot for the particular handset,
`
`synchronization data messages at successively higher power levels, to attempt to
`
`downlink; and col. 5, lines 32-37 during this cycle base unit 110 successively
`
`steps up output power in 20 dB steps until a link is established, or until the cycle
`
`is repeated after the maximum output power is used without a link being
`
`established (handset 120;, may be out of range or out of battery power, for
`
`example), wherein examiner construes that the handset has a telephone function
`
`and the base unit performs transmission power by adjusting power levels .”
`
`But, the combination does not teach when the base unit cannot receive a signal
`
`from a handset that performs intermittent reception, for a predetermined period of time
`
`or longer, the base unit maintains a state where the transmission power value is set to a
`
`maximum.
`
`Kajimura teach that “when the base unit cannot receive a signal from a handset
`
`that performs intermittent reception, for a predetermined period of time or longer, the
`
`base unit maint

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