DETAILED ACTION
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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 4, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 6 and 11 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.
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.
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.
Claim(s) 1-3, 5-8, 10-13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy et al. (US 2017/0290013) in view of Hellebrand et al. (US 2018/0324885).
Regarding claim 1, McCoy et al. disclose a data transmission method, comprising:
transmitting first data in a target service to a first communications apparatus (Figure 9, UL/DL messages within multi-partition frame exchanged between UE and base station; Figure 9, either of UEs 94, 96 transmitting to base station 92) on a first time domain resource (Figure 18, OFDM symbols) in a first time domain resource unit (Figure 9, frame; Figure 18, plurality of subframes/slots) by using a first frequency domain resource (Paragraph 66, component carrier CC; Paragraph 67, partition channels for the dynamic frame structure) and
transmitting second data in the target service to the first communications apparatus (Figure 9, UL/DL messages exchanged between UE and base station; Figure 9, either of UEs 94, 96 transmitting to base station 92) on a third time domain resource (Figure 18, OFDM symbols) in a second time domain resource unit (Figure 9, frame; Figure 18, plurality of subframes/slots) by using a second frequency domain resource (Paragraph 66, component carrier CC; Paragraph 67, partition channels for the dynamic frame structure),
wherein-the first time domain resource unit is adjacent to the second time domain resource unit in a time domain (Figure 18 shows adjacent subframes/slots in a time domain),
wherein the first time domain resource unit (Figure 18, subframe #2) sequentially comprises, in the time domain, the first time domain resource (Figure 18, UL symbols) , a first guard period (Figure 18, switch guard symbol between UL and DL symbols), a second time domain resource (Figure 18, DL symbols), and a second guard period (Figure 18 switch guard symbol at the end of the DL symbols), and
wherein the second time domain resource unit (Figure 18, either of subframes #0, #1 and #3-#9) sequentially comprises, in the time domain, the third time domain resource, a third guard period, a fourth time domain resource, and a fourth guard period (Figure 18, subframes #0, #1 and #3-#9 have same symbol structure as that of subframe #2, thus corresponding to symbols for third time domain resource, third guard period, fourth time domain resource and fourth guard period).
McCoy et al. do not disclose the following limitations that are disclosed by Hellebrand et al.: wherein the second frequency domain resource is different from the first frequency domain resource, and wherein the first data and the second data are continuous data or associated data in the target service (Hellebrand et al., Paragraph 10, terminals are capable of communicating via different frequencies and thus different bearer channels; Paragraph 17, bearer channels are established simultaneously such that two consecutive data packets may be transported using two different bearer channels without the need to first establish a bearer channel to transport a respective data packet; Paragraph 24, for at least two consecutive data packets two different bearer channels. By this, a switch between bearer channels is possible between two different data packets of a same data stream).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McCoy et al. with the cited disclosure from Hellebrand et al. in order to switch within one data stream between different bearer channels to thus enable using, for instance, for each data packet the most suited bearer channel (Hellebrand et al., Paragraph 11).
Regarding claim 2, McCoy et al. disclose
wherein the first time domain resource and the third time domain resource are used to map information from the first communications apparatus (Figure 18, UL symbols from UE to base station), and wherein the second time domain resource and the fourth time domain resource are used to map information sent to the first communications apparatus (Figure 18, DL symbols from base station to UE); or
wherein the first time domain resource and the third time domain resource are used to map information sent to the first communications apparatus (Figure 18, DL symbols from base station to UE), and the second time domain resource and the fourth time domain resource are used to map information from the first communications apparatus (Figure 18, UL symbols from UE to base station).
Regarding claim 3, McCoy et al. disclose
wherein the third time domain resource in the second time domain resource unit comprises a first time domain sub-resource and a second time domain sub-resource (Figure 18, ULPilot symbol [first], ULData symbol [second]; Also see paragraph 29 and 65 for downlink/DL pilot),
wherein the first time domain sub-resource is located before the second time domain sub- resource in the time domain (Figure 18, ULPilot symbol before ULData symbol; Also see paragraph 29 and 65 for downlink/DL pilot), and
wherein the transmitting the second data in the target service to the first communications apparatus by using the second frequency domain resource comprises:
transmitting a target signal to the first communications apparatus on the first time domain sub-resource by using the second frequency domain resource (Figure 18, ULPilot symbol transmission), wherein the target signal is used for channel estimation (Paragraph 74, a UL channel estimate is derived from the UL Pilot; Also see paragraph 29 and 65 for downlink/DL pilot); and
transmitting the second data in the target service to the first communications apparatus on the second time domain sub-resource by using the second frequency domain resource (Figure 18, ULData symbols transmission after ULPilot for channel estimation from UE to base station).
Regarding claim 5, McCoy et al. disclose wherein the first time domain resource unit and the second time domain resource unit have a same time length (Figure 18, subframe length = 1ms).
Regarding claims 6-8 and 10, the function limitations are rejected for similar reasons set forth in rejecting claims 1-3 and 5 above. McCoy et al. additionally disclose a communications apparatus (Figure 10 and paragraph 95, embodiment 1000 for electronic components that can be used to implement a base station, user equipment (UE); Figure 9, either of UEs 94, 96), comprising a processor (Figure 10, processor(s) 1008), wherein the processor is coupled to a memory (Figure 10, processor(s) 1008 coupled to memory 1110 via system bus interconnect 1002), and the processor is configured to perform the functional limitations.
Regarding claim 11, McCoy et al. disclose A communications apparatus (Figure 10 and paragraph 95, embodiment 1000 for electronic components that can be used to implement a base station, user equipment (UE); Figure 9, base station 92), comprising a processor (Figure 10, processor(s) 1008), wherein the processor is coupled to a memory (Figure 10, processor(s) 1008 coupled to memory 1110 via system bus interconnect 1002), and the processor is configured to:
transmit data of a first service to a second communications apparatus (Figure 9, UL/DL messages within multi-partition frame exchanged between UE and base station; Figure 9, base station 92 transmitting to either of UEs 94, 96) on a first time domain resource (Figure 18, OFDM symbols) in a first time domain resource unit (Figure 9, frame; Figure 18, plurality of subframes/slots; Paragraph 94, UL/DL messages are then communicated between the base station 92 and the UEs 94/96 within the multi-partition frame as indicated by arrows 98) by using a first frequency domain resource (Paragraph 66, component carrier CC; Paragraph 67, partition channels for the dynamic frame structure); and
transmit data of a second service to a third communications apparatus (Figure 9, UL/DL messages within multi-partition frame exchanged between UE and base station; Figure 9, base station 92 transmitting to the other of UEs 94, 96) on a second time domain resource (Figure 18, OFDM symbols) in the first time domain resource unit (Figure 9, frame; Figure 18, plurality of subframes/slots; Paragraph 94, UL/DL messages are then communicated between the base station 92 and the UEs 94/96 within the multi-partition frame as indicated by arrows 98) by using a second frequency domain resource (Paragraph 66, component carrier CC; Paragraph 67, partition channels for the dynamic frame structure),
wherein the first time domain resource unit (Figure 18, subframe) sequentially comprises, in a time domain, the first time domain resource (Figure 18, UL symbols) , a first guard period (Figure 18, switch guard symbol between UL and DL symbols), a second time domain resource (Figure 18, DL symbols), and a second guard period (Figure 18 switch guard symbol at the end of the DL symbols).
McCoy et al. do not disclose the following limitations that are disclosed by Hellebrand et al.: wherein the second frequency domain resource is different from the first frequency domain resource, and wherein the first data and the second data are continuous data or associated data (Hellebrand et al., Paragraph 10, terminals are capable of communicating via different frequencies and thus different bearer channels; Paragraph 17, bearer channels are established simultaneously such that two consecutive data packets may be transported using two different bearer channels without the need to first establish a bearer channel to transport a respective data packet; Paragraph 24, for at least two consecutive data packets two different bearer channels. By this, a switch between bearer channels is possible between two different data packets of a same data stream).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify McCoy et al. with the cited disclosure from Hellebrand et al. in order to switch within one data stream between different bearer channels to thus enable using, for instance, for each data packet the most suited bearer channel (Hellebrand et al., Paragraph 11).
Regarding claim 12, McCoy et al. disclose
the first time domain resource is used to map information from the second communications apparatus (Figure 18, UL symbols from UE to base station), and the second time domain resource is to map information sent to the third communications apparatus (Figure 18, DL symbols from base station to UE); or
the first time domain resource is used to map information sent to the second communications apparatus (Figure 18, DL symbols from base station to UE), and the second time domain resource is used to map information from the third communications apparatus (Figure 18, UL symbols from UE to base station).
Regarding claim 13, McCoy et al. disclose
wherein the second time domain resource in the first time domain resource unit comprises a first time domain sub-resource and a second time domain sub-resource (Figure 18, ULPilot symbol [first], ULData symbol [second]; Also see paragraph 29 and 65 for downlink/DL pilot),
wherein the first time domain sub-resource is located before the second time domain sub- resource in the time domain (Figure 18, ULPilot symbol before ULData symbol; Also see paragraph 29 and 65 for downlink/DL pilot), and
wherein the processor is further configured to:
transmit a target signal to the third communications apparatus on the first time domain sub-resource by using the second frequency domain resource (Figure 18, ULPilot symbol transmission), wherein the target signal is used for channel estimation (Paragraph 74, a UL channel estimate is derived from the UL Pilot; Also see paragraph 29 and 65 for downlink/DL pilot); and
transmit the data in the second service to the third communications apparatus on the second time domain sub-resource by using the second frequency domain resource (Figure 18, ULData symbols transmission after ULPilot for channel estimation from UE to base station).
Regarding claim 15, McCoy et al. disclose wherein the first time domain resource unit and the second time domain resource unit have a same time length (Figure 9, frame; Figure 18, plurality of subframes/slots with subframes being 1ms each and slots being 0.5ms each; Paragraph 89, each partition numerology is chosen such that an integer number of slots fits in the longest partition slot (0.5 ms). Further, a frame schedule of different partition types can be applied on a static, semi-static or dynamic basis).
Claim(s) 4, 9 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy et al. in view of Hellebrand et al. as applied to claims 1, 6 and 11 above, and further in view of Koyanagi et al. (US 2019/0379566).
Regarding claims 4, 9 and 14, McCoy et al. in view of Hellebrand et al. disclose the claimed invention above but do not specifically disclose the following limitations that are disclosed by Koyanagi et al.: wherein:
the first time domain resource comprises a third time domain sub-resource and a fourth time domain sub-resource (Koyanagi et al., Figure 5, OFDM symbols), the fourth time domain sub-resource is adjacent to the first guard period in the time domain (Koyanagi et al., Figure 5, OFDM symbol 103 adjacent to GI 104), the third time domain sub-resource is used to map the first data (Koyanagi et al., Figure 5, either of symbols 102 or 105, valid symbols), and the fourth time domain sub-resource is not used to map data or a signal (Koyanagi et al., Figure 5, symbol 103 is blank); and/or
the third/second time domain resource comprises a fifth time domain sub-resource and a sixth time domain sub-resource (Koyanagi et al., Figure 5, OFDM symbols), the fifth time domain sub-resource is adjacent to the second guard period in the time domain (Koyanagi et al., Figure 5, symbol 106 adjacent to GI 107), the sixth time domain sub-resource is used to map the second data (Koyanagi et al., Figure 5, valid symbols 105 or 108), and the fifth time domain sub-resource is not used to map data or a signal (Koyanagi et al., Figure 5, symbol 106 is blank).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of McCoy et al. and Hellebrand et al. with the cited disclosure from Koyanagi et al. in order to reduce interference caused by a multipath delay (Koyanagi et al., Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OTIS L THOMPSON, JR whose telephone number is (571)270-1953. The examiner can normally be reached Monday - Friday, 6:30am - 7:00pm.
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 G. 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/OTIS L THOMPSON, JR/Primary Examiner, Art Unit 2477
March 17, 2026