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 .
Response to Arguments
Applicant's arguments filed May 11, 2026 have been fully considered but they are not persuasive.
Regarding the rejection of claims 1, 9 and 16, under 35 U.S.C. 112(b), Applicant argues that Applicant’s Specification teaches “technical features directed to ‘a same symbol’ or ‘the same symbol’ for determining transmission direction,” because Applicant’s Specification discloses a collision rule “on a symbol,” and discloses that transmission may be scheduled on first and second frequency resources “for a symbol.”
However, the claims recite “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, and wherein the one or more first frequency resources and 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.”
It is unclear what noun is being modified by the phrase “for determining.” The claim could be read that the “indication” is “for determining,” or the “first and second frequency resources” is “for determining,” or the “symbol” could be “for determining.”
Additionally, it is unclear how the limitation “for determining transmission directions of the one or more first frequency resources and the one or more second frequency resources on the same symbol” is limiting the scope of the claimed method. The claimed method includes the process steps receiving indication of one or more first frequency resources… and receiving indication of, or deriving, one mor more secondary frequency resources… The limitation isn’t clearly linked to the second frequency resources. It also doesn’t require the claimed method to make the actual determination of transmission directors, it only appears to be providing context to one of the nouns in the second limitation. So at best the limitation is providing an intended use of the noun (see MPEP §2111.04(I)) while providing very limited affect to the claimed method. Alternatively, it may not provide any limitation to the scope of the method at all, since the method doesn’t need to make that determination and it doesn’t provide any limitations to the requirements of the two process steps.
Grammatically, a prepositional phrase typically modifies the noun immediately preceding the prepositional phrase. According, to that grammatical rule, the phrase “for determining transmission directions” would modify the immediately preceding phrase “a same symbol” in the claim, which would mean that the “symbol” is “for determining transmission directions” on itself.
Accordingly, the claim is indefinite because a person of ordinary skill in the art, before the effective filing date of the claimed invention, would not have been able to ascertain the metes and bounds of the claim.
Regarding the rejections of claims 1, 9 and 16, under 35 U.S.C. 102, Applicant asserts that Beale does not disclose “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; 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, 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,” because Applicant argues that Beale does not teach or suggest “the claimed features of: (1) two transmission directions existing on the same symbol, (2) while some frequency resources are for one transmission direction and some other frequency resources are for another transmission direction determined per indication.” However, Beale discloses that transmission direction is determined as both uplink and downlink for a same symbol. Beale discloses, for example in Fig, 10, in DU 851, that uplink symbols are present in frequencies 801 while downlink symbols are present in the same symbols in frequencies 802. Beal further discloses in Fig. 10, in UD 856, that uplink symbols are present in frequencies 802 while downlink symbols are present in the same symbols in frequencies 801.
Beale additionally 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.
Claim Rejections - 35 USC § 112
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.
Claim 1 recites “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, and wherein the one or more first frequency resources and 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.”
It is unclear what noun is being modified by the phrase “for determining.”
Grammatically, a prepositional phrase typically modifies the noun immediately preceding the prepositional phrase. According, to that grammatical rule, the phrase “for determining transmission directions” would modify the immediately preceding phrase “a same symbol” in the claim. Therefore, the 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," would mean that the “symbol” is “for determining transmission directions” on 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."
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.
Claims 9 and 16 are rejected for substantially the same reasons as claim 1.
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 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 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 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 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 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 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 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 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 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 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 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 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 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 one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features taught by Yang into the system of Beale in order to meet new requirement associated with latency, reliability, security and security associated with IoT (Yang, [0003]).
Claim 15 is rejected under substantially the same rationale as claim 5.
Claim 19 is rejected under substantially the same rationale as claim 5.
Regarding claim 20, 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 one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the features taught by Yang into the system of Beale in order to meet new requirement associated with latency, reliability, security and security associated with IoT (Yang, [0003]).
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Park et al. (US 20240372661) discloses a subband-wise duplex (e.g., UL or DL being used per subband) and/or may be characterized by at least one of the following: Cross Division Duplex (e.g., subband-wise FDD within a TDD band), subband-based full duplex (e.g., full duplex as UL and DL are used/mixed on a symbol/slot and UL or DL being used per subband on the symbol/slot), frequency-domain multiplexing (FDM) of DL/UL transmissions within a TDD spectrum, a subband non-overlapping full duplex (e.g., non-overlapped sub-band full-duplex), a full duplex other than a same-frequency full duplex (e.g., spectrum sharing, subband-wise overlapped full duplex), or an advanced duplex method (e.g., other than pure TDD or FDD).
Zhang et al. (US 20230072920) discloses techniques for communicating uplink and downlink transmissions when a semi-statically configured scheduling occasion is overwritten by a slot format indicator. The semi-static scheduling configuration indicates a plurality of configured grant (CG) symbols in which the UE is scheduled to transmit at least one uplink transmission to the BS. A slot format indicator (SFI) may overwrite a subset of CG symbols of the plurality of CG symbols to be downlink symbols.
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 11:00 AM to 7:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Un Cho can be reached at (571) 272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.L.L/Examiner, Art Unit 2413
/UN C CHO/Supervisory Patent Examiner, Art Unit 2413
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