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 .
Claim Rejections - 35 USC § 102
2. 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 (i.e., changing from AIA to pre-AIA ) 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.
3. 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.
4. Claims 25, 26, 28, 30-32, 34, 39 and 41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takano (US 2017/0257880 A1).
Regarding claim 25, 30 and 31, Takano teaches a method in a wireless device (figs. 7, 8, ¶ [0263], ¶ [0273], ¶ [0284]) of transmitting a frame to a receiver, the method comprising: determining that the frame is not successfully received by the receiver via a first wireless communication link between the wireless device and the receiver (figs. 9-13. ¶ [0149], The base station 100 performs transmission of the downlink data using the U-CC. When the ACK for the downlink data is not received, the base station 100 performs retransmission of the downlink data using the L-CC rather than the U-CC. ¶ [0152]) ; and transmitting the frame to the receiver via a second wireless communication link between the wireless device and the receiver (figs. 9-13, ¶ [0149], The base station 100 performs transmission of the downlink data using the U-CC. When the ACK for the downlink data is not received, the base station 100 performs retransmission of the downlink data using the L-CC rather than the U-CC. Transmission of the downlink data is performed using the U-CC, but the retransmission of the downlink data is performed using the L-CC. ¶ [0152], ¶ [0154]);
wherein: determining that the frame is not successfully received by the receiver comprises transmitting the frame to the receiver using the first wireless communication link and determining that an acknowledgement of receipt of the frame by the receiver
has not been received by the wireless device (figs. 9-13, ¶ [0149], When the ACK for the downlink data is not received, the base station 100 performs retransmission of the downlink data using the L-CC rather than the U-CC), and transmitting the frame to the receiver via the second wireless communication link comprises transmitting the
frame to the receiver before expiry of a backoff time for retransmission of the
frame via the first communication link following transmission of the frame using
the first wireless communication link (figs. 10-12, ¶ [0159], ¶ [0163], The base station 100 secures the U-CC (the channel of the wireless LAN) through the carrier sense, and performs wireless communication using the U-CC in a period 31. The base station 100 does not use the U-CC at least in the period 33. ¶ [0167], ¶ [0170], the base station 100 performs wireless communication using the U-CC (the shared band) serving as the channel of the wireless LAN in the period 31, and then does not perform wireless communication using the U-CC at least in the period 33. The base station 100 uses the L-CC instead of the U-CC to perform retransmission of the downlink data which has been transmitted using the U-CC within a period 39 starting from the end time of the use of the U-CC (that is, the end time of the period 31). The base station 100 uses the U-CC to perform retransmission of the downlink data which has been transmitted using the U-CC within the period 31).
Regarding claims 26, 32 and 39 , Takano teaches the method of claim 25, wherein transmitting the frame to the receiver via the second wireless communication link comprises transmitting the frame to the receiver immediately on determining that the frame is not successfully received by the receiver (figs. 10-12)
Regarding claims 28, 34 and 41, Takano teaches the method of claim 25, wherein transmitting the frame to the receiver via the second wireless communication link comprises determining that the receiver is capable of receiving frames via the first and second wireless communication links (¶ [0059], ¶ [0075], Carrier aggregation includes a case in which successive CCs in the frequency direction are used, and a case in which separated CCs in the frequency direction are used. With carrier aggregation, the CCs to be used may be set for each UE. ¶ [0082], ¶ [0084], ¶ [0086], ¶ [0101], The UE supports dual connectivity and uses, for example, each of the first CC and the second CC as the PCC).
Claim Rejections - 35 USC § 103
5. 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.
6. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
7. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
8. Claims 25-35 and 39-42 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 2022/0103301 A1) in view of Takano.
Regarding claims 25, 30 and 31, Zhu teaches a method in a wireless device (figs. 6-14, ¶ [0223], ¶ [0253]) of transmitting a frame to a receiver, the method comprising: determining that the frame is not successfully received by the receiver via a first wireless communication link between the wireless device and the receiver (figs. 1-5, ¶ [0048], the base station transmits data and the UE may fail to receive the data. ¶ [0053] the base station sends the data to the UE for the first time on the first carrier, and if the UE fails to receive the data, it sends the failure indication information, such as negative acknowledgement (NACK) information, to the base station. ¶ [0053], ¶ [0054], the base station receives the NACK information on carrier 1 (as the first carrier)) ; and transmitting the frame to the receiver via a second wireless communication link between the wireless device and the receiver (figs. 1-5, ¶ [0048], ¶ [0053], The base station can generate the cross-carrier retransmission scheduling instruction. ¶ [0056], the base station receives the NACK information on the carrier 1 (as the first carrier), sends the retransmission scheduling instruction on the carrier 2 (as the second carrier), and retransmits the data on carrier 3 (as the third carrier). That is, the first carrier and the second carrier are different carriers, and the second carrier and the third carrier are different carriers); wherein: determining that the frame is not successfully received by the receiver comprises transmitting the frame to the receiver using the first wireless communication link and determining that an negative acknowledgement of receipt of the frame by the receiver has been received by the wireless device (figs. 1-5, ¶ [0053] the base station sends the data to the UE for the first time on the first carrier, and if the UE fails to receive the data, it sends the failure indication information, such as negative acknowledgement (NACK) information, to the base station. ¶ [0054]- ¶ [0056]), and transmitting the frame to the receiver via the second wireless communication link comprises transmitting the frame to the receiver before expiry of a backoff time for retransmission of the frame via the first communication link following transmission of the frame using the first wireless communication link (figs 1-5, ¶ [0048], a system working on the unlicensed frequency band needs to compete to occupy a channel resource, and a channel occupation time for the channel resource occupancy at a time is limited. In this case, it may cause that when a sending end, such as the base station, is preparing to send the data to be retransmitted, an unlicensed channel resource cannot be occupied to transmit the data to be retransmitted. ¶ [0104], it is determined whether there is an idle resource for retransmitting the data on the first carrier within a preset time period. When there is no idle resource for retransmitting the data on the first carrier within the preset time period, it proceeds to the step 203. ¶ [0105], ¶ [0106], the data is retransmitted on the third carrier. ¶ [0098], ¶ [0099], when there is no idle resource for retransmitting the data on the first carrier within the preset time period, the data is retransmitted on the third carrier. ¶ [0100]).
Zhu does not explicitly teach determining that the frame is not successfully received by the receiver comprises transmitting the frame to the receiver using the first wireless communication link and determining that an acknowledgement of receipt of the frame by the receiver has not been received by the wireless device.
However, it is well known in the art to determine that the frame is not successfully received by the receiver comprises transmitting the frame to the receiver using the first wireless communication link and determining that an acknowledgement of receipt of the frame by the receiver has not been received by the wireless device, as evidenced by ¶ [0149] of Takano.
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to determine that the frame is not successfully received by the receiver based on determining that an acknowledgement of receipt of the frame by the receiver has not been received by the wireless device in the system of Zhu to utilize conventional techniques in the art.
Regarding claims 26, 32 and 39, Zhu in view of Takano teaches the method of claim 25, wherein transmitting the frame to the receiver via the second wireless communication link comprises transmitting the frame to the receiver immediately on determining that the frame is not successfully received by the receiver (Zhu: figs. 1-5, ¶ [0057], ¶ [0058], the second carrier is a carrier determined according to a resource occupancy of each carrier of the multiple carriers. ¶ [0100], In some embodiments, the base station can be given a certain buffer period, and the cross-carrier data retransmission scheme does not necessarily to be adopted immediately. Takano: figs. 10-12).
Regarding claims 27, 33 and 40, Zhu in view of Takano teaches the method of claim 25, wherein transmitting the frame to the receiver via the second wireless communication link comprises performing a LBT procedure on the second wireless communication link (Zhu: ¶ [0048], a system working on the unlicensed frequency band needs to compete to occupy a channel resource, and a channel occupation time for the channel resource occupancy at a time is limited. ¶ [0057], The base station can also determine the second carrier and the third carrier according to a network environment (such as interference, load, occupancy, etc.) on each carrier to improve a success rate of retransmission. ¶ [0058], the second carrier is a carrier determined according to a resource occupancy of each carrier of the multiple carriers. ¶ [0105], the second carrier and the third carrier are a same carrier or different carriers, and the first carrier and the third carrier are different carriers).
Regarding claims 28, 34 and 41, Zhu in view of Takano teaches the method of claim 25, wherein transmitting the frame to the receiver via the second wireless communication link comprises determining that the receiver is capable of receiving frames via the first and second wireless communication links (Zhu: ¶ [0048], both a base station and a UE can support multi-carrier transmission. Takano: ¶ [0059], ¶ [0075], Carrier aggregation includes a case in which successive CCs in the frequency direction are used, and a case in which separated CCs in the frequency direction are used. With carrier aggregation, the CCs to be used may be set for each UE. ¶ [0082], ¶ [0084], ¶ [0086], ¶ [0101], The UE supports dual connectivity and uses, for example, each of the first CC and the second CC as the PCC).
Regarding claim 29, 35 and 42, Takano teaches the method of claim 25, wherein the first and second wireless communication links comprise 802.11 wireless communication links (Zhu: ¶ [0048], a system working on the unlicensed frequency band needs to compete to occupy a channel resource. ¶ [0221], The device 1300 can access a wireless network based on a communication standard, such as WiFi, 2G or 3G, or a combination thereof. ¶ [0057], The base station can also determine the second carrier and the third carrier according to a network environment (such as interference, load, occupancy, etc.) on each carrier to improve a success rate of retransmission. ¶ [0058], the second carrier is a carrier determined according to a resource occupancy of each carrier of the multiple carriers. ¶ [0105]. Takano: ¶ [0058], ¶ [0060], where at least one link comprises 802.11 wireless communication link).
Response to Arguments
9. Applicant’s arguments with respect to claims 25-35 and 39-42 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
10. 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.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650. The examiner can normally be reached Monday-Thursday (9 AM-7 PM).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag Shah can be reached at 571-272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477
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