DETAILED ACTION
The following is a non-final office action in response to applicant’s amendment filed on 02/25/2026 for response of the office action mailed on 11/26/2025. Claims 2 and 6 were previously cancelled. Therefore, claims 1, 3-5 and 7 are pending and addressed below.
Notice of Pre-AIA or AIA Status
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 § 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.
In 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Guan et al. (2021/0153209), Guan hereinafter, in view of Xu et al. (2020/0267668), Xu hereinafter, further in view of MA et al. (2022/0264629), MA hereinafter.
Re. claim 1, Guan teaches a terminal (Fig. 13-14/Fig. 1, 120/Fig.2, 230/Fig. 5, 300) comprising: a transmission/reception unit (Fig. 14, 2020) configured to transmit and receive a control channel and a shared channel (Fig. 5-10 & ¶0006 - This application provides a signal receiving and sending method and a communications apparatus, to help a receive end and a transmit end use a paired receive beam and transmit beam to receive and send a signal. Fig. 5-10 & ¶0022 - determining a first mapping relationship based on the second CC and the BWP that are indicated by using the first indication information includes: determining, when the first CC and the second CC satisfy a first preset condition, the first mapping relationship based on the second CC and the BWP that are indicated by using the first indication information. Fig. 5-10 & ¶0023 - The first preset condition includes: the first CC is in a low frequency band, and the second CC is in a high frequency band…. Fig. 5-10 & ¶0024 - When the first indication information is carried on a physical downlink control channel (PDCCH), and the downlink signal is carried on a physical downlink shared channel (PDSCH), the first indication information is suitable for low frequency transmission, and the downlink signal is suitable for high frequency transmission.); and a controller (Fig. 13, 1200 & Fig. 14, 2010) configured to assume that the control channel is allocated to a low frequency band and the shared channel is allocated to a high frequency band which is higher than the low frequency band (Fig. 5-10 & ¶0022 - determining a first mapping relationship based on the second CC and the BWP that are indicated by using the first indication information includes: determining, when the first CC and the second CC satisfy a first preset condition, the first mapping relationship based on the second CC and the BWP that are indicated by using the first indication information. Fig. 5-10 & ¶0023 - The first preset condition includes: the first CC is in a low frequency band (e.g., first CC is lower than 6 GHz, see ¶0243), and the second CC is in a high frequency band (e.g., second CC is higher than 6 GHz, see ¶0243); a band to which the first CC belongs is different from a band to which the second CC belongs; Fig. 5-10 & ¶0024 - When the first indication information is carried on a physical downlink control channel (PDCCH), and the downlink signal is carried on a physical downlink shared channel (PDSCH), the first indication information is suitable for low frequency transmission, and the downlink signal is suitable for high frequency transmission).
Yet, Guan does not expressly teach wherein the controller does not assume allocation of the shared channel other than initial access in the low frequency band.
However, in the analogous art, Xu explicitly discloses wherein the controller (Fig. 2, 20 &¶0075/¶0077/¶0232-¶0233) does not assume allocation of the shared channel other than initial access in the low frequency band. (Fig. 1-3 & ¶0091 - The first case is about the transmission of a physical random access channel (PRACH) of initial access, that is, how to determine the UL transmit power of a preamble in a low frequency band (e.g. at an LTE shared carrier frequency F1). In other words, the initial access (a person of an ordinary skill in the field of endeavor, initial access is performed by a user equipment during idle state) to a sharded channel (in this case, shared LTE carrier frequency F1), is undertaken/is adopted/is assumed to occur in the low frequency band, when a terminal or user equipment (UE) transmits a preamble by using PRACH (physical random access channel) as explained supra. Please note that merriam-webster defines, the word, “assume” (verb) as “undertake”, “adopt”. In fact, the aforesaid disclosures by Xu, are similar to instant application, at least in ¶0066, where it recites, “The controller 270 does not have to assume allocation of shared channels other than initial access in the low frequency band. In other words, the controller 270 assumes allocation of control channels in the low frequency band, but may assume allocation of shared channels related to the initial access.”, in ¶0068, “the initial access may be called a RACH process.”; That is, initial access (i.e., RACH or PRACH) is performed by a user equipment by using low frequency band as disclosed by the instant application (at least in ¶0066/¶0068), a very similar disclosure by Xu, quite contrary to applicant’s assertion at least in pages 4-7 of remarks as submitted on 05/16/2025).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Guan’s invention of a system and a method for receiving and transmitting signal of a communication apparatus in a wireless communication system to include Xu’s invention of a system for power sharing mechanism for a user equipment (UE) in a 5G NR <New Radio> standalone deployment scenario by using LTE and 5G technology, because it provides an efficient mechanism in allocating uplink power when the UE uses multiple carriers (e.g., NR & LTE carrier) in the 5G NR standalone deployment scenario by using LTE and 5G technology. (¶0002-¶0005, Xu)
Yet, Guan and Xu do not expressly teach wherein one slot in the low frequency band controls a plurality of slots in the high frequency band.
However, in the analogous art, MA explicitly discloses wherein one slot in the low frequency band controls a plurality of slots in the high frequency band. (Fig. 5 & ¶0168 - when an SCS of the PUSCH is less than the SCS of the PDCCH, the uplink channel is sent on the PUSCH at the SCS of the PDCCH. For a determining manner of the SCS of the PUSCH, refer to a manner in a related technology. For example, the SCS of the PUSCH is 15 kHz, and the SCS of the PDCCH is 60 kHz. This is equivalent to that a 60 kHz channel needs to be sent on a 15 kHz channel. In other words, a 60 kHz (i.e., FR2 [Wingdings font/0xF3] high frequency band, see Fig. 5) channel is sent on a 15 kHz (i.e., FR1 [Wingdings font/0xF3] low frequency band, see Fig. 5) carrier. Fig. 5 & ¶0169 - As shown in FIG. 5, CA is performed on FR1 (450 MHz to 6000 MHz, low frequency band, ¶0066-¶0067) and FR2 (24250 MHz to 52600 MHz, high frequency band). An SCS of FR1 is 15 kHz, and there is an FDD system. An SCS of FR2 is 60 kHz, and there is a TDD system. Assuming that symbol numbers in a slot are 0 to 13, a PDSCH is sent on symbols 9 to 12 in a slot 1 in FR2, and DCI configures a terminal device to send feedback information in FR1, processing duration of the terminal device is eight symbols, namely, symbols 12 and 13 in the slot 1, corresponding to 15 kHz. Assuming that the DCI configures the terminal device to send the feedback information in FR2, processing duration of the terminal device is 17 symbols, namely, symbols 2 to 7 in a slot 3, corresponding to 60 kHz. In terms of time, time for sending a PUCCH in FR1 is later than time for sending the PUCCH in FR2. In this application, uplink information may be sent on a resource of an uplink channel n FR1 on a carrier in FR2. That is, in FR1, the uplink information starts to be sent from a time point aligned with the symbol 2 in the slot 3 in FR2. Also, see Fig.2 along with ¶0079).
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Guan’s invention of a system and a method for receiving and transmitting signal of a communication apparatus in a wireless communication system and Xu’s invention of a system for power sharing mechanism for a user equipment (UE) in a 5G NR <New Radio> standalone deployment scenario by using LTE and 5G technology to include MA’s invention of a system and a method for determining resources for uplink channel based on downlink control information (DCI) as sent by a network device to a user equipment (UE) in a wireless communication system, because it provides an efficient mechanism in determining resources of the uplink channel based on the DCI received by the UE, in turns, reduces latency of sending the uplink information in the wireless communication system. (¶0002-¶0005, MA)
Re. Claim 5, Guan, Xu and MA teach claim 1.
Guan further teaches wherein the controller assumes that different subcarrier spacing is applied in the low frequency band and the high frequency band. (Fig. 5-10 & ¶0268 - the first BWP may be in the low frequency band, and the second BWP that is relatively far away from the first BWP may be in the high frequency band. Fig. 5-10 & ¶0269 - The subcarrier spacing of the first BWP is different from the subcarrier spacing of the second BWP. Fig. 5-10 & ¶0270 - When the subcarrier spacing of the first BWP is different from the subcarrier spacing of the second BWP, the first BWP and the second BWP are different BWPs. In addition, when the two BWPs are the different BWPs, positions in frequency domain are different. For example, a subcarrier spacing in the low frequency band is small, for example, 15 kHz or 30 kHz, and a subcarrier spacing in the high frequency band is large, for example, 60 kHz or 120 kHz. When the subcarrier spacing of the first BWP is different from the subcarrier spacing of the second BWP, one subcarrier spacing may be in the low frequency band, and the other subcarrier spacing may be in the high frequency band. Usually, the network device selects the low-frequency frequency domain resource to send the control signaling. In this case, the first BWP may be in the low frequency band, and the second BWP may be in the high frequency band.).
Claims 3 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Guan, in view of Xu, in view of MA, further in view of Li et al. (2018/0152851), Li hereinafter.
Re. Claim 3, Guan, Xu and MA teach claim 1.
Yet, Guan does not expressly teach wherein the controller does not assume allocation of the shared channel other than the terminal in an idle state in the low frequency band.
However, in the analogous art, Li explicitly discloses wherein the controller (Fig. 5, 502 & ¶0018/¶0097-¶0098) does not assume allocation of the shared channel other than the terminal in an idle state in the low frequency band (Fig. 1-10 & ¶0004 - According to the LBT mechanism, if a communication apparatus is going to transmit data, it should at first listen to a shared channel to determine whether the shared channel is idle, and transmit data only when the shared channel is idle. The LBT mechanism works well in Wi-Fi wireless communication networks since communication apparatuses in these Wi-Fi wireless communication networks operate in low frequencies and typically employ omni or quasi-omni directional transmission to transmit and/or receive data and/or instructions.).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Guan’s invention of a system and a method for receiving and transmitting signal of a communication apparatus in a wireless communication system and Xu’s invention of a system for power sharing mechanism for a user equipment (UE) in a 5G NR <New Radio> standalone deployment scenario by using LTE and 5G technology and MA’s invention of a system and a method for determining resources for uplink channel based on downlink control information (DCI) as sent by a network device to a user equipment (UE) in a wireless communication system to include Li’s invention of a system for transmitting and receiving data in a wireless communication system, because it provides an efficient mechanism for avoiding interference between communication links in the wireless communication system. (¶0001, Li)
Re. Claim 7, Guan, Xu, MA and Li teach claim 3.
Guan further teaches wherein the controller assumes that different subcarrier spacing is applied in the low frequency band and the high frequency band. (Fig. 5-10 & ¶0268 - the first BWP may be in the low frequency band, and the second BWP that is relatively far away from the first BWP may be in the high frequency band. Fig. 5-10 & ¶0269 - The subcarrier spacing of the first BWP is different from the subcarrier spacing of the second BWP. Fig. 5-10 & ¶0270 - When the subcarrier spacing of the first BWP is different from the subcarrier spacing of the second BWP, the first BWP and the second BWP are different BWPs. In addition, when the two BWPs are the different BWPs, positions in frequency domain are different. For example, a subcarrier spacing in the low frequency band is small, for example, 15 kHz or 30 kHz, and a subcarrier spacing in the high frequency band is large, for example, 60 kHz or 120 kHz. When the subcarrier spacing of the first BWP is different from the subcarrier spacing of the second BWP, one subcarrier spacing may be in the low frequency band, and the other subcarrier spacing may be in the high frequency band. Usually, the network device selects the low-frequency frequency domain resource to send the control signaling. In this case, the first BWP may be in the low frequency band, and the second BWP may be in the high frequency band.).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Guan, in view of Xu, in view of MA, further in view of Zhang et al. (2016/0219535), Zhang hereinafter.
Re. Claim 4, Guan, Xu and MA teach claim 1.
Yet, Guan does not expressly teach wherein the controller does not assume allocation of the control channel including a channel related to synchronization and initial access in the high frequency band.
However, in the analogous art, Zhang explicitly discloses wherein the controller (Fig. 5 & ¶0125-¶0128) does not assume allocation of the control channel including a channel related to synchronization and initial access in the high frequency band (Fig. 1- 5 & ¶0017 - the mobile terminal achieving the downlink synchronization with the radio cell through the auxiliary carrier in the low frequency band includes: the mobile terminal achieving initial downlink synchronization with a base station of the radio cell by using a downlink synchronization signal sent by the auxiliary carrier. Fig. 1- 5 & ¶0084 - At step 101, the mobile terminal uses the auxiliary carrier to realize initial downlink synchronization with the base station. Fig. 1- 5 & ¶0085 - First, the mobile terminal performs downlink synchronization with the base station. Preferably, the auxiliary carrier may be used on a fixed position to send a downlink synchronization signal to realize initial downlink time synchronization between the terminal and the base station. Since the auxiliary carrier is in a low frequency band, therefore the coverage of point-to-multi-point transmission thereof may be larger, and downlink synchronization of mobile terminals in a larger range may be realized.).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Guan’s invention of a system and a method for receiving and transmitting signal of a communication apparatus in a wireless communication system and Xu’s invention of a system for power sharing mechanism for a user equipment (UE) in a 5G NR <New Radio> standalone deployment scenario by using LTE and 5G technology and MA’s invention of a system and a method for determining resources for uplink channel based on downlink control information (DCI) as sent by a network device to a user equipment (UE) in a wireless communication system to include Zhang’s invention of a system and a method for data transmission in a radio cell of a mobile terminal using a millimeter wave frequency spectrum in a wireless communication system, because it provides an efficient mechanism for improving coverage of a high frequency band cell with an improved performance of the high frequency band cell with the help of an auxiliary carrier operating in a low frequency band in the wireless communication system. (¶0002-¶0013, Zhang)
Response to Arguments
Applicant's arguments filed on 02/25/2026 have been fully considered but they are not persuasive.
Regarding remarks in pages 4-5 for amended independent claim 1, applicant argues, MA fails to teach claimed limitation, such as, “wherein one slot in the low frequency band controls a plurality of slots in the high frequency band “. In fact, the applicant further argues, “… Indeed, there is no description of a single slot exercising control over multiple FR2 slots. ”. See page 4 of remarks as submitted on 02/25/2026.
Examiner respectfully disagrees with the applicant. For example, MA discloses that CA (carrier aggregation) is performed on FR1 and FR2. An SCS of FR1 < FR1 [Wingdings font/0xF3] low frequency band, see Fig. 2; FR1 belongs to 450 MHz to 6000 MHz, low frequency band, ¶0066-¶0067> is 15 kHz, and there is an FDD system. An SCS of FR2 <FR2 [Wingdings font/0xF3] high frequency band; 24250 MHz to 52600 MHz, FR2 belongs to high frequency band > is 60 kHz, and there is a TDD system. It is configured by a higher layer that the feedback information (i.e., control information) is sent in FR1 < low frequency band >, that is, the carrier on which the PUCCH (i.e., physical uplink control channel) is located is FR1 < low frequency band >. That is, the terminal device sends the PUCCH < uplink control channel carries control information/feedback ifnroamtion >in FR1 < low frequency band >. In this case, the SCS of the PUCCH is 15 kHz. If both the PDCCH and the PDSCH (physical downlink shared channel) are sent in FR2 <i.e., shared channel in high frequency band>, the SCS of the PDCCH and the SCS of the PDSCH are both 60 kHz. According to Table 2, the processing duration of the terminal device is processing duration corresponding to 15 kHz (the smallest SCS among the SCS of the PUCCH, the SCS of the PDCCH, and the SCS of the PDSCH), namely, 8 symbols corresponding to 15 kHz. As shown in FIG. 2, assuming that symbol numbers in a slot are 0 to 13, and the PDSCH is sent on symbols 9 to 12 in a slot 1 of FR2, a symbol that can first send the feedback information (i.e., control information is carried in PUCCH in low frequency band <carrier/Transceiver/TPU, Fig. 2> corresponding to the shared channel PDSCH which is carried in high frequency band <carrier/Transceiver/TPU, Fig. 2> ) is a symbol 11 in a slot 1 of FR1 based on the processing duration of the terminal device. In this case, K1 may be set to 0, and then it is indicated that the PUCCH resource corresponds to symbols 12 and 13. See ¶0079 along with Fig.2.
In summary, an SCS (60 KHz, see Fig.2) of a PDSCH (downlink shared channel) as scheduled by a downlink control information (DCI), the feedback information (i.e. control information) corresponding to the PDSCH (downlink shared channel), which <PDSCH> is carried in the FR2 (high frequency band), the feedback information < i.e., control information for a plurality of slots for shared channel, PDSCH (FR2 @60 kHz, SCS) as shown in Fig.2 >, is carried in PUCCH, which is in the low frequency band, FR1 < @15 kHz, SCS as shown in Fig.2 >, quite a contrast to applicant’s remarks at least at page 4 as submitted on 02/25/2026.
Regarding arguments in page 5 for dependent claims 3 and 7, Li disclosed the claimed features as outlined in the claims and the applicant is silent on the disclosures made by Li as pointed out in the §103 rejection. Applicant, is, however, arguing that “wherein one slot in the low frequency band controls a plurality of slots in the high frequency band <in fact, the limitation is taught by MA <also, explained/rebutted supra>”, is not disclosed by Li. Applicant is respectfully reminded that the dependent claims 3 and 7 are unpatentable over Guan, in view of Xu, in view of MA , further in view of Li. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding arguments in page 6 for motivation to combine Li’s reference with the references of Guan, Xu and MA:
In response of applicant’s argument that Li’s reference would not be an obvious combination with the teachings of Guan, Xu and MA, so as to suggest applicants' invention. The Examiner would like to point out the following statement as identified by court “It is not required that the prior art disclose or suggest the properties newly-discovered by an applicant in order for there to be a prima facie case of obviousness. See In re Dillon, 919 F.2d 688, 16 USPQ2d 1897, 1905 (Fed. Cir. 1990). Moreover, as long as some motivation or suggestion to combine the references is provided by the prior art taken as a whole, the law does not require that the references be combined for the reasons contemplated by the inventor. See In re Beattie, 974 F.2d 1309, 24 USPQ2d 1040 (Fed. Cir. 1992); In re Kronig, 539 F.2d 1300, 190 USPQ 425 (CCPA 1976) and In re Wilder, 429 F.2d 447, 166 USPQ 545 (CCPA 1970)”. In this case, the suggestion to combine the references, is provided by Li, as because, Li provides an efficient mechanism for avoiding interference between communication links in the wireless communication system. (¶0001, Li)
Regarding arguments in pages 6-7 for dependent claim 4, Zhang disclosed the claimed features as outlined in the claims and the applicant is silent on the disclosures made by Zhang as pointed out in the §103 rejection. Applicant, is, however, arguing that “wherein one slot in the low frequency band controls a plurality of slots in the high frequency band <in fact, the limitation is taught by MA <also, explained/rebutted supra>. Applicant is respectfully reminded that the dependent claim 4 is unpatentable over Guan, in view of Xu, in view of MA , further in view of Zhang. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Regarding arguments in page 7 for motivation to combine Zhang’s reference with the references of Guan, Xu and MA:
In response of applicant’s argument that Zhang’s reference would not be an obvious combination with the teachings of Guan, Xu and MA, so as to suggest applicants' invention. The Examiner would like to point out the following statement as identified by court “It is not required that the prior art disclose or suggest the properties newly-discovered by an applicant in order for there to be a prima facie case of obviousness. See In re Dillon, 919 F.2d 688, 16 USPQ2d 1897, 1905 (Fed. Cir. 1990). Moreover, as long as some motivation or suggestion to combine the references is provided by the prior art taken as a whole, the law does not require that the references be combined for the reasons contemplated by the inventor. See In re Beattie, 974 F.2d 1309, 24 USPQ2d 1040 (Fed. Cir. 1992); In re Kronig, 539 F.2d 1300, 190 USPQ 425 (CCPA 1976) and In re Wilder, 429 F.2d 447, 166 USPQ 545 (CCPA 1970)”. In this case, the suggestion to combine the references, is provided by Zhang, as because, Zhang provides an efficient mechanism for improving coverage of a high frequency band cell with an improved performance of the high frequency band cell with the help of an auxiliary carrier operating in a low frequency band in the wireless communication system. (¶0002-¶0013, Zhang)
For these reasons, it is maintained that independent claim 1 is unpatentable over Guan, in view of Xu, further in view of MA.
As all other dependent claims depend either directly or indirectly from the independent claim 1, similar rationale also applies to all respective dependent claims.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
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