DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
2. 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 application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/05/2026 has been entered.
Status of Claims
3. This Office Action is in response to the application filed on 12/11/2025. Claims 1-13, 15-29, and 31-43 are presently pending and are presented for examination.
Examiner’s note
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Terminal Disclaimer
5. Terminal Disclaimer approved on 08/06/2025.
Response to Arguments
6. Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive.
Applicant argued that You in view of Boariu, and further in view of Sun does teach an integer subband ID.
Examiner respectfully disagrees. An integer subband ID has not been disclosed in the specification and it is considered a new matter. If the applicant refers to SubBandID being SB1; SB2; SB3; SB4…as integer numerology, then applicant is mistaken. The SB1; SB2; SB3; SB4 are considered as alphanumeric IDs not as integer IDs. In addition, a partial exemplary definition of a subband identity or a subband type identity is given in published application in paragraphs 168-169 where the table one is replicated in the following:
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In fact Boariu discloses a similar table 1 in paragraph 49 which replicated in the following for comparison.
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In addition, Boariu discloses that the system is indeed flexible for enabling/disabling a subband (paragraph 21). In addition, Boariu discloses subband IDs being 320-1 through 320-3 in integer forms (paragraph 41).
Applicant argued that Sun does not teach or suggest the network sending a subband ID that maps to information the UE uses to look up full configuration information.
Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e.,[ subband ID that maps to information the UE uses to look up full configuration information]) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In addition, Sun teaches UE can obtain sub-band bandwidth 1501, 1502 and 1503 for each sub-band 1501, 1502, and 1503 with subcarrier spacing 1521, 1522 and 1523 respectively in broadcasting channel or UE-specific message to configure UE (paragraph 82).
Claim Rejections - 35 USC § 112
7. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph because claim 1 recites the limitation “wherein the subband ID is an integer, which uniquely indicates the target subband to be switched to” the subband ID being an integer is considered a new matter since it is not disclosed in the original specification.
Claim 2-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph because of their dependency from claim 1.
Claim 8-13, 15-29, and 31-43 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph for the same reasons applied to claims 1-7.
Claim Rejections - 35 USC § 103
8. 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 1-13, 15-29, and 31-43 are rejected under 35 U.S.C. 103 as being unpatentable over You et al. (US 2017/0272322 A1) in view of Boariu et al. (US 2007/0002898A1) and further in view of Sun et al. (US 2017/0164350 A1).
For claims 1, 8, 15, and 24 You teaches an indicating method comprising:
receiving, from a network device, a subband identifier (ID) of a target subband of a first cell and an association between the ID of the target subband and configuration information of the target subband (see Fig. 14, paragraph 207 “switching from subband #0 to sub-band #4 (subband ID is 0 and 4)”), Fig. 9b “each MTC is assigned an integer sub-band ID: MTC sub-band #0 to sub-band #4”, Fig. 12a-c “MTC 100 device receiving Configuration information (sub-band specific (implied ID) for each MTC device), on the sub-band specific (ID) for each MTC device Communicate on the cell-common sub-band”, Fig. 10 “one MTC is assigned subband#0 and another MTC is subband#1”, paragraph 208 “a target sub-band for hopping (switching) is assigned to an MTC with apparatus ID (sub-band ID)”, and claim 5 “when switching from a subband (subband ID is implied) according to the first configuration information (implied subband ID is associated with the configuration information) to a preconfigured cell-common sub-band on a subframe according to the second configuration information”);
wherein the subband ID is an integer, which uniquely indicates the target subband to be switched to (see Fig. 14, paragraph 207 “switching from subband #0 to sub-band #4 (subband ID is 0 and 4-0 and 4 are integer33” and paragraph 208 “a target sub-band for hopping (switching) is assigned to an MTC with apparatus ID (sub-band ID)”), and
wherein the ID configuration information comprises a subcarrier space and a cyclic prefix (CP) length of the target subband (see Fig. 9b, Fig. 10 “demonstrates exemplary MTC sub-band-ID of sub-band=0 to sub-band4”, Fig. 12a-c “MTC device receives Configuration information which includes sub-band specific (sub-band ID) for each MTC, and MTC communicate on the sub-band specific (sub-band configuration) and then switches to the cell-common sub-band”, Fig. 11 “switching sub-band from MTC sub-band#0 to cell-common sub-band”), paragraph 38, Fig. 13 “an example of performing switching to a target sub-band in subframe n”, paragraph 12 “first configuration information identifies a current MTC sub-band (sub-band identification) and instruct MTC to switch to a pre-configured cell-common sub-band (Target sub-band identification)”, paragraph 162 “perform switching to the target sub-band”, paragraphs 162-163, 165-166, 179, 182, “perform switching to the target sub-band”, paragraphs 183-197 “first-sixth exemplary methods of performing switching to a target (ID) sub-band”, paragraphs 201, 233 “target sub-band mapped to a guard duration (cyclic prefix)”, paragraph 62 “cyclic prefix (CP)”); and
determining the configuration information of the target subband based on the subband ID and the association (see paragraph 12 “first configuration information identifies a current MTC sub-band (sub-band identification) and instruct MTC to switch to a pre-configured cell-common sub-band (Target sub-band identification)”); and
switching to the target subband based on the configuration information of the target subband (see paragraphs 12, 16, and 21 “switching from a sub-band according to the first configuration information to a preconfigured cell-common (target) sub-band” and paragraph 207 “switching from MTC sub-band #0 to MTC sub-band #4”).
Although You teaches MTC sub-band=0 to MTC sub-band=4 (see Fig. 9b), You does not teaches a sub-band ID mapped to cyclic prefix in a table like Applicant’ Table 1.
However, Boariu teaches a design uniformity for all physical layers
ensures that the proposed flexible bandwidth system is highly modularized, therefore it is easier to be implemented while maintaining its flexibility (see Boariu paragraph 50).
In addition, Boariu teaches targeted subband ID is by its bandwidth, associated with Cyclic prefix, OFDM symbol duration (e.g., # of symbols can be derived from…), etc.
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(see Boariu paragraph 49 and table 1).
Thus, it would have been obvious to a person of ordinary skill in the art before the filing date of claimed invention to use the teachings of Boariu in the sub-band configuration of You in order to select a sub-band suitable and a suitable transmission system to communicate with a receiver (see Boariu: paragraph 107 and Fig. 9).
You in view of Boariu does not explicitly teach subband is associated with subcarrier spacing subband.
However, Sun teaches UE 2 considers subband #0 1601 and sub-band #1 1602 all used for subcarrierspacing-0 1612 and sub-band #2 1603 used for subcarrier spacing-2 1613. However, for UE #3, all the sub-band #0 1601, sub-band #1 1602 and sub-band #2 1603 are used for subcarrier-spacing-1 1611 (see Sun: paragraph 84). In addition, Sun teaches different subcarrier spacing values with different CP lengths in Table 2 (see Sun: paragraph 70, Fig. 8, Table 2). In addition, Sun teaches sub-band 1301 is used for subcarrier spacing value 1321, i.e. 15 kHz, sub-band 1302 is used for subcarrier spacing value 1322, i.e. 3.75 kHz and sub-band 1303 is used for subcarrier spacing value 1323, i.e. 30 kHz (see Sun: paragraph 80).
Therefore, Sun teaches that sub-band configuration includes carrier spacing which in turn includes cyclic prefix.
Thus, it would have been obvious to a person of ordinary skill in the art before the filing date of claimed invention to use the teachings of Sun in the combined sub-band configuration of Boariu and You in order to distinguish subbands from each other to assign a subcarrier spacing to each sub-band (see Sun: paragraph 80).
For claims 2, 9, 16, and 25 You in view of Boariu and further in view of Sun
teaches the method, wherein the method further comprises receiving the configuration information of the target subband from the network device (see You: Fig. 12a-c “sub-band configuration from a serving cell”).
For claims 3, 10, 17, and 26 You in view of Boariu and further in view of Sun
teaches the method, wherein switching to target subband comprises switching from a source subband of the first cell to the target subband (see You: paragraph 162 “cell-common sub-band switching to a target sub-band”).
For claims 4, 11, 18, and 27 You in view of Boariu and further in view of Sun
teaches the method, wherein switching to target subband further comprises switching from a source subband of a second cell different from the first cell to the target subband (see You: paragraph 162 “cell-common sub-band switching to a target sub-band” and paragraph 97 “different cells: primary cell and secondary cells”) .
For claims 5, 12, 19, and 28 You in view of Boariu and further in view of Sun
teaches the method, wherein the method further comprises receiving a random access parameter for random access to the target subband of the first cell (see You: paragraph 134 “RAR, a paging is transmitted in the cell-common sub-band”, Sun: paragraph 44 “random access parameters”).
For claims 6, 13, 20, and 29 You in view of Sun teaches the method, wherein the ID of the target subband is different from a cell identity (see You: paragraph 163 “cell-common (ID) sub-band and target (ID) sub-band”).
For claim 22 You in view of Boariu and further in view of Sun
teaches the apparatus, wherein the apparatus is a terminal device (see You: Fig. 12 “MTC device”).
For claims 23 and 31 You in view of Boariu and further in view of Sun
teaches the apparatus, wherein the apparatus is a chip or a chip system (see You: paragraph 259 “chipset”).
For claim 32 You in view of Boariu and further in view of Sun teaches a non-transitory computer-readable storage medium comprising programming instructions for execution by at least one processor to perform at least the following operations:
receiving, from a network device, an identifier (ID) of a target subband of a first cell and an association between the ID of the target subband and configuration information of the target subband (as discussed in claim 1);
wherein the ID indicates the target subband to be switched to, and wherein th (as discussed in claim 1);
determining the configuration information of the target subband based on the ID and the association (as discussed in claim 1); and
switching to the target subband based on the configuration information of the target subband (as discussed in claim 1)
For claim 33 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein the operations further comprise receiving the configuration information of the target subband from the network device (as discussed in claim 2).
For claim 34 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein switching to the target subband comprises switching from a source subband of the first cell to the target subband (as discussed in claim 3).
For claim 35 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein switching to the target subband comprises switching from a source subband of a second cell different from the first cell to the target subband (as discussed in claim 4).
For claim 36 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein the operations further comprise receiving a random access parameter for random access to the target subband (as discussed in claim 5).
For claim 37 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein the ID of the target subband is different from a cell identity of the first cell (as discussed in claim 6).
For claim 38 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein the switching to the target subband based on the configuration information of the target subband, comprises switching to the target subband based on the random access parameter and the configuration information of the target subband (as discussed in claim 7).
For claim 39 You in view of Boariu and further in view of Sun teaches a non-transitory computer-readable storage medium comprising programming instructions for execution by at least one processor that, when executed by the at least one processor, cause the at least one processor to provide at least the following operations (as discussed in claim 1):
generating an identifier (ID) of a target subband of a first cell, wherein the ID indicates the target subband to be switched to, and wherein the ID is associated with configuration information comprising a subcarrier space and a cyclic prefix (CP) length of the target subband (as discussed in claim 1); and
transmitting the ID of the target subband to a terminal device (as discussed in claim 1).
For claim 40 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein the operations further comprise transmitting the configuration information of the target subband to the terminal device (as discussed in claim 2).
For claim 41 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein the operations further comprise transmitting the ID of the target subband to the terminal device on a source subband of the first cell (see Fig. 12 a-c “configuration of a specific (ID) of sub-band from a cell” and paragraph 86 “primary cell and secondary cell”).
For claim 42 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein the operations further comprise transmitting the ID of the target subband to the terminal device on a source subband of a second cell different from the first cell (see Fig. 12 a-c “configuration of a specific (ID) of sub-band from a cell” and paragraph 86 “primary cell and secondary cell”).
For claim 43 You in view of Boariu and further in view of Sun teaches the non-transitory computer-readable storage medium, wherein the operations further comprise transmitting a random access parameter for random access to the target subband to the terminal device (as discussed in claim 5).
9. Claims 7 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over You et al. (US 2017/0272322 A1) in view of Boariu et al. (US 2011/0222525 A1) further in view of Sun et al. (US 2017/0164350 A1) and further in view of Lee et al. (US 2011/0274074 A1).
For claim 7 You in view of Boariu further in view of Sun teaches the method, wherein switching to target based on the configuration information of the subband (as discussed in claim 1) You in view of Boariu further in view of Sun does not explicitly comprises switching to the target subband based on the random access parameter and the configuration information of the target subband.
However, Lee teaches before switching from a primary band (sub-band) to another sub-band a primary sub-band is decided for random access procedure, it will then decide whether to switch the primary sub-band to another or not based on necessity.
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention to use the random access teaching of Lee in the combined sub-band determination of Boariu, Sun and You in order to choose a primary sub-band for initial synchronization of a terminal and a base station through random access procedure before switching from the primary sub-band to another sub-band if necessary (see Lee: Fig. 4 “at least S435).
For claim 21 You in view of Boariu further in view of Sun and further in view of Lee teaches the apparatus, wherein switching to the target subband based on the configuration information of the target subband comprises switching to the target subband based on the random access parameter and the configuration information of the target subband (as discussed in claim 7).
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Boariu et al. (US 2011/0222525 A1) and Yoshii (US 2009/0252092 A1) (Fig. 6 “subband ID determination”).
11. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to David M OVEISSI whose telephone number is (571)270-3127. The examiner can normally be reached Monday-Friday 8Am-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Rutkowski can be reached on (571) 270 - 1215. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANSOUR OVEISSI/Primary Examiner, Art Unit 2415
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