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 § 112
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.
Claims 1, 9 and 16 are 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.
Claims 1, 9 and 16 recite “indication of one or more first frequency resources and/or the one or more second frequency resources are on a same symbol for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol” or “indication of one or more first frequency resources to a User Equipment (UE), wherein the one or more first frequency resources are associated with Uplink (UL) on a same symbol for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol.”
The amended claims recite that the frequency resources are “on a same symbol” and also recite that the same symbol is “for determining transmission direction of … the frequency resources.” In other words, the symbol is for determining transmission direction for itself.
However, Applicant’s original Specification does not disclose “a same symbol for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol.” Applicant’s original Specification does not disclose a single “SYMBOL” for determining transmission direction at all, let alone a “SAME SYMBOL” to determine multiple transmission directions for itself.
Applicant’s published Specification discloses, for example in paragraph [0059], that a Slot Format Indicator (SFI) is introduced to indicate transmission direction FOR a symbol(s), and that the indication is received in the down link. In other words, the SFI is a piece of information that is received in the down link that indicates a transmission direction for other symbol(s). The SFI, itself, is not the symbol(s) for which transmission direction is being indicated/determined, and the SFI, itself, is not a single “symbol.” The SFI does not indicate transmission for itself, and SYMBOL is not “for determining transmission direction.”
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 9 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 9 and 16 recite “indication of one or more first frequency resources and/or the one or more second frequency resources are on a same symbol for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol” or “indication of one or more first frequency resources to a User Equipment (UE), wherein the one or more first frequency resources are associated with Uplink (UL) on a same symbol for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol.”
The amended claims recite that the frequency resources are “on a same symbol” and also recite that the same symbol is “for determining transmission direction of … the frequency resources.” In other words, the symbol is for determining transmission direction for itself.
However, a person of ordinary skill in the art, would not have understood the meaning of a same symbol that is “for determining transmission direction of … the frequency resources,” and that those frequency resources are on that “same symbol.” Additionally, Applicant’s Specification does not describe such a symbol.
For the purposes of Examination, the Examiner interprets that the symbol is not “for determining transmission direction,” but that the symbol has its transmission direction(s) determined, as is described in Applicant’s Specification.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7-14 and 16-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Beale et al. (US 2023/0142814).
Regarding claim 1, Beale discloses a method for a User Equipment (UE) (Beale, paragraph [0008], UE), comprising:
receiving indication of one or more first frequency resources from a base station, wherein the one or more first frequency resources are associated with a first transmission direction (Beale, paragraph [0010], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel); and
receiving indication of, or deriving, one or more second frequency resources, wherein the one or more second frequency resources are associated with a second transmission direction (Beale, paragraph [0010], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel), and
wherein the one or more first frequency resources and/or the one or more second frequency resources are on a same symbol for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol (Beale, Fig. 10, paragraph [0010], determining that one or more of the first physical resources of the uplink channel and the second communication resources of the downlink channel overlap time; paragraph [0087], overlap of indicated downlink symbols on the first band of frequencies with the indicated symbols on the second band of frequencies).
Regarding claim 2, Beale discloses the method of claim 1, wherein the UE derives the one or more second frequency resources based on the one or more first frequency resources (Beale, Fig. 8, uplink and downlink symbols in the same frequency band and time slot; paragraph [0011], determining to send or receive on the overlapping uplink and downlink channels; paragraph [0081], the communications device uses the indication of the format of the uplink band of frequencies and combines this with an indication of the format of the downlink band of frequencies to determine a use (perform uplink transmission or downlink reception) for the symbols).
Regarding claim 3, Beale discloses the method of claim 1, further comprising determining whether or not to perform a reception if one or more frequency resources are within the one or more first frequency resources based on the first transmission direction, and/or determining whether or not to perform the reception if one or more frequency resources is within the one or more second frequency resources based on the second transmission direction (Beale, paragraph [0010], resolve a conflict between overlapping resources in time; paragraph [0011], determining to send or receive on the overlapping uplink and downlink channels).
Regarding claim 4, Beale discloses the method of claim 1, further comprising determining whether or not to perform a transmission if one or more frequency resources are within the one or more first frequency resources based on the first transmission direction, and/or determining whether or not to perform the transmission if one or more frequency resources are within the one or more second frequency resources based on the second transmission direction (Beale, Fig. 8, uplink and downlink symbols in the same frequency band and time slot; paragraph [0009], determining to send or receive on the overlapping uplink and downlink channels; paragraph [0081], if configured for transmitting uplink data, then it is not implied that a downlink reception is intended on the symbols indicated as downlink symbols in the band of frequencies, the communications device uses the indication of the format of the uplink band of frequencies and combines this with an indication of the format of the downlink band of frequencies to determine a use (perform uplink transmission or downlink reception) for the symbols).
Regarding claim 7, Beale discloses the method of claim 1, wherein the first transmission direction is Uplink (UL) and the second transmission direction is Downlink (DL) (Beale, paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel).
Regarding claim 8, Beale discloses the method of claim 1, wherein the first transmission direction is indicated via a first Slot Form Indicator (SFI) and/or the second transmission direction is indicated via a second SFI (Beale, paragraph [0011], SFIs to indicate uplink and downlink resources).
Regarding claim 9, Beale discloses a method for a base station (Beale, paragraph [0032], base station), comprising:
transmitting indication of one or more first frequency resources to a User Equipment (UE), wherein the one or more first frequency resources are associated with Uplink (UL) on a same symbol for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol (Beale, Fig. 10; paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0061], symbol; paragraph [0087], overlap of indicated downlink symbols on the first band of frequencies with the indicated symbols on the second band of frequencies);
scheduling an UL transmission on the symbol to the same UE if a frequency resource of a UL transmission is within the one or more first frequency resources whose transmission direction is determined as UL in the same symbol (Beale, Fig. 10; paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0087], overlap of indicated downlink symbols on the first band of frequencies with the indicated symbols on the second band of frequencies); and
scheduling a Downlink (DL) reception on the symbol to the UE if a frequency resource of the DL reception is not within the one or more first frequency resources whose transmission direction is determined as UL on the same symbol (Beale, Fig. 10; paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0087], overlap of indicated downlink symbols on the first band of frequencies with the indicated symbols on the second band of frequencies).
Regarding claim 10, Beale discloses the method of claim 9, wherein the base station is not allowed to schedule the UL transmission on the symbol to the UE if the frequency resource of the UL transmission is not within the one or more first frequency resources (Beale, paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0098], Table 2).
Regarding claim 11, Beale discloses the method of claim 9, wherein the base stat ion is not allowed to schedule the DL reception on the symbol to a UE if the frequency resource of the DL reception is within the one or more first frequency resources (Beale, paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0098], Table 2).
Regarding claim 12, Beale discloses the method of claim 9, further comprising scheduling the DL reception on the symbol if the frequency resource of the DL reception is within the one or more first frequency resources (Beale, paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0098], Table 2).
Regarding claim 13, Beale discloses the method of claim 9, further comprising scheduling the U1transnussion on the symbol if the frequency resource of the UL transmission is not within the first frequency resource (Beale, paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0098], Table 2).
Regarding claim 14, Beale discloses the method of claim 9, wherein the UL transmission is a configured UL transmission and/or the DL reception is a configured DL reception (Beale, paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0098], Table 2).
Regarding claim 16, Beale discloses a method for a User Equipment (UE) (Beale, paragraph [0008], UE), comprising:
receiving indication of one or more first frequency resources from a base station, wherein the one or more first frequency resources are associated with Uplink (UL) on a same symbol for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol (Beale, Fig. 10; paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0087], overlap of indicated downlink symbols on the first band of frequencies with the indicated symbols on the second band of frequencies); and
canceling a configured Downlink (DL) reception on the same symbol if a frequency resource of the configured DL reception is within the one or more first frequency resources whose transmission direction is determined as UL on the same symbol (Beale, Fig. 10; paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraphs [0075]-[0076], if scheduled uplink and downlink transmission collides, determine whether to drop the uplink or the downlink transmission; paragraph [0087], overlap of indicated downlink symbols on the first band of frequencies with the indicated symbols on the second band of frequencies).
Regarding claim 17, Beale discloses the method of claim 16, further comprising performing a DL reception scheduled by Downlink Control Information (DCI) on the symbol if a frequency resource of the DL reception scheduled by DCI is within the one or more first frequency resources (Beale, paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0064], DCI schedules resources for reception of data by the UE).
Regarding claim 18, Beale discloses the method of claim 16, wherein the UE does not expect to be scheduled with a DL reception by DCI on the symbol if a frequency resource of the DL reception scheduled by DCI is within the one or more first frequency resources (Beale, paragraph [0008], receiving from the network, a first allocation of first physical resources of an uplink channel, and receiving from the network a second allocation of second physical resources of a downlink channel; paragraph [0063], DCI schedules resources for transmission of data by the UE).
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) 5, 15, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Beale et al. (US 2023/0142814) in view of Yang et al. (US 2022/0394728).
Regarding claim 5, Beale discloses the method of claim 1. Beale does not explicitly disclose that frequency resources are a subset of BWP of a serving cell.
Yang discloses wherein the one or more first frequency resources and/or the one or more second frequency resources are a subset of one or more frequency resources of a bandwidth part or a serving cell (Yang, Fig. 2B, allocated frequency resources within BWPs).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, for the frequency resources to be a subset of one or more frequency resources of a bandwidth part or a serving cell, in the invention of Beale. The motivation to combine the references would have been to resolve resource conflicts in systems that separate frequency carriers into BWPs.
Claims 15 and 19 are rejected under substantially the same rationale as claim 5.
Regarding claim 20, Beale discloses the method of claim 16. Beale does not explicitly disclose that the DCI is periodically monitored.
Yang discloses wherein the DCI is periodically monitored (Yang, paragraph [0053], UEs are configured through DL DCI; paragraph [0059], UE is configured to monitor PDCCH candidates during PDCCH monitoring occasions).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, for the DCI to be periodically monitored, in the invention of Beale. The motivation to combine the references would have been to receive DCI in accordance with common standards.
Response to Arguments
Applicant's arguments filed December 4, 2025 have been fully considered but they are not persuasive.
Applicant asserts that the claims are patentable because Beale allegedly fails to teach a same or one symbol to determine multipole transmission directions. However, the amended claims recite that the frequency resources are “on a same symbol” and also recite that the same symbol is “for determining transmission direction of … the frequency resources.” In other words, the symbol is for determining transmission direction for itself.
Applicant’s original Specification does not disclose “a same symbol for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol.” Applicant’s original Specification does not disclose a single “SYMBOL” for determining transmission direction at all, let alone a “SAME SYMBOL” to determine multiple transmission directions for itself.
Applicant’s published Specification discloses, for example in paragraph [0059], that a Slot Format Indicator (SFI) is introduced to indicate transmission direction FOR a symbol(s), and that the indication is received in the down link. In other words, the SFI is a piece of information that is received in the down link that indicates a transmission direction for other symbol(s). The SFI, itself, is not the symbol(s) for which transmission direction is being indicated/determined, and the SFI, itself, is not a single “symbol.” The SFI does not indicate transmission for itself, and SYMBOL is not “for determining transmission direction.”
Additionally, a person of ordinary skill in the art, would not have understood the meaning of a same symbol that is “for determining transmission direction of … the frequency resources,” and that those frequency resources are on that “same symbol.” Additionally, Applicant’s Specification does not describe such a symbol.
For the purposes of Examination, the Examiner interprets that the symbol is not “for determining transmission direction,” but that the symbol has its transmission direction(s) determined, as is described in Applicant’s Specification.
Beale does disclose that transmission directions is determined as both uplink and downlink for a same symbol. Beale discloses, for example in paragraph [0010], determining that one or more of the first physical resources of the uplink channel and the second communication resources of the downlink channel overlap time; and to resolve a conflict between overlapping resources in time; and in paragraph [0011], determining to send or receive on the overlapping uplink and downlink channels; and in paragraphs [0075]-[0076], if scheduled uplink and downlink transmission collides, determine whether to drop the uplink or the downlink transmission; and in paragraph [0081], the communications device uses the indication of the format of the uplink band of frequencies and combines this with an indication of the format of the downlink band of frequencies to determine a use (perform uplink transmission or downlink reception) for the symbols.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN LOUIS LINDENBAUM whose telephone number is (571)270-3858. The examiner can normally be reached Monday through Friday 9:00 AM to 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nishant Divecha can be reached on (571) 270-3125. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAN L LINDENBAUM/Examiner, Art Unit 2466
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419