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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/04/2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-2, 4-7, 13-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tao, Xuhua (2025/0081189), hereinafter Tao in view of Wang et al. (TW I571090 B), hereinafter Wang 1 and Jiao et al. (AU 2020/429220), hereinafter Jiao.
Re. Claim 1, Tao teaches an apparatus for wireless communications, comprising: at least one memory comprising instructions; and one or more processors configured to execute the instructions and cause the apparatus to (¶0010 - A communication device is provided, including a processor and a memory, where the memory is configured to store a computer program; and the processor is configured to execute the computer program to perform any one of the possible methods as in the first aspect or in the first aspect): obtain, from the base station, an uplink gap pattern (ULGP) configuration indicating a first ULGP (¶0045 - Receiving, by the user device 102, the ULgap configuration information from the network device 101, where the ULgap configuration information is configured for indicating the gap in which the user device is prohibited from scheduling the uplink information) that is associated with a first time window (¶0060 - Where a length of the period of the uplink gaps is a length of time or a multiple based on a unit time domain length); and a second time window wherein the second time window is indicative of a maximum aggregate duration of the one OR more uplink gaps within the first time window (Fig. 5, ¶0064 - As shown in FIG. 5, the length of the uplink gaps is the length of all time domain blocks labeled as “G”, ¶0066 - The ULgap configuration information includes a second time domain length, where the second time domain length corresponds to a length (or a length of time, or duration) of the uplink gap, & ¶0128-0131 - …the ULgap configuration information includes at least one of the following: a repetition period of the uplink gaps, where a length of the period of the uplink gaps is a length of time or a multiple based on a unit time domain length; a length of the uplink gaps; or a starting offset value of the uplink gaps. Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”. Additionally, Examiner interprets that, in light of Fig. 4, section 408 of the present application, there exists an embodiment wherein there exists only one gap which would then, in turn, become the greatest aggregate by default. Examiner interprets “greatest aggregate duration” to mean the largest sum of the uplink gap durations found within a specific time period, and wherein there exists only one uplink gap within the time period, the duration of said gap is by default the greatest aggregate duration) and transmit, to the base station, uplink signaling according to a distribution of the one or more uplink gaps (¶0163 - Sending dynamic signaling to the network device), within the first time window, wherein the distribution of the one or more uplink gaps is based on the first ULGP (¶0163 - Where the dynamic signaling includes the activation indication configured for the network device to activate the ULgap configuration information or the deactivation indication configured for the network device to deactivate the ULgap configuration information).
Yet, Tao does not explicitly teach obtaining, from a base station, a first time division duplex (TDD) configuration for wireless communications between the apparatus and the base station, obtaining… a first ULGP associated with… the first TDD configuration, and transmitting within the first time window, wherein the distribution of the one or more uplink gaps is based on the first TDD configuration.
However, Wang 1 expressly teaches obtaining, from a base station, a first time division duplex (TDD) configuration for wireless communications between the apparatus and the base station (Pg. 16, Line 13 - UE receives and understands the TDD configuration); obtaining… a first ULGP associated with… the first TDD configuration (Pg. 4, Line 18 - The special subframe contains the downlink and uplink time zones separated by the guard period for downlink to Uplink handover, and includes… [an] Uplink Pilot Time Slot (UpPTS), and [a] Protection Period (GP). & Pg. 16, Line 13 - UE receives and understands the TDD configuration and changes the configuration accordingly in the next frame); and transmitting within the first time window, wherein the distribution of the one or more uplink gaps is based on the first TDD configuration (Pg. 16, Line 13 - UE receives and understands the TDD configuration and changes the configuration accordingly in the next frame).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wang 1 to the teaching of Tao. The motivation for such would be to improve communication efficiency through the use of a TDD configuration as Wang 1 provides information regarding the use of a time division duplex for wireless communications which could supplement the use of the uplink gap disclosed by Tao (Pg. 16, Line 13, Wang 1). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Yet, Tao and Wang 1 do not expressly teach wherein the maximum aggregate duration is a function of a duration of the first time window.
However, Jiao explicitly teaches wherein the maximum aggregate duration is a function of a duration of the first time window (¶0007 - the periodicity information includes a quantity of TDD patterns and/or a TDD pattern periodicity. ¶0008 - the indication information is further used to indicate UL transmission duration in the TDD pattern periodicity. As per the post final interview conducted on 09/16/2025, Examiner understands this claim to be in reference to Fig. 4 of the present application, specifically the periodicity of the pattern found within and how it applies over the sequence of frames as the time period is adjusted. Examiner interprets the disclosure of Jiao in view of the disclosure of Tao discussed during said interview. Fig. 5 of Tao shows, much like Fig. 4 of the present application, a series of downlink, uplink and gap frames in a pattern over a period of time. When this pattern is taken into consideration alongside Jiao’s disclosure of TDD patterns within a set periodicity, Examiner interprets that the present disclosure is obtained, as the pattern of Tao can be changed and modulated according to the periodicity provided the pattern of Jiao) and a ratio between the maximum aggregate duration and the duration of the first time window is indicative of an overhead associated with the one or more uplink gaps (¶0054 - when the second UL transmission duration is less than or equal to a time threshold, determine the first UL transmission duration based on the second UL transmission duration, where the time threshold is maximum UL transmission duration that can be indicated by a bit used to indicate the first UL transmission duration. Examiner interprets that the maximum UL transmission duration that is indicated herein would construe a “number of consecutive static uplink slots that can be configured as uplink gap slots” (¶0084 of the specification), which the specification defines as the overhead (¶0124)).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Jiao to the teaching of Tao and Wang 1. The motivation for such would be to improve overall transmission effectiveness as Jiao provides a ratio between a maximum aggregate duration of time units and a supplied window to determine where the uplink gaps can be placed (¶0008, Jiao). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 15, Claim 15 is pointed to specifically a UE, which the apparatus claim of Claim 1 discloses, as well as the method found therein, as such Claim 15 is rejected under the same basis as that of Claim 1.
Re. Claim 16, Tao teaches An apparatus for wireless communications, comprising: at least one memory comprising instructions; and one or more processors configured to execute the instructions and cause the apparatus to (¶0010 - A communication device is provided, including a processor and a memory, where the memory is configured to store a computer program; and the processor is configured to execute the computer program to perform any one of the possible methods as in the first aspect or in the first aspect): transmit to the UE, an uplink gap pattern (ULGP) configuration that is associated with a first time window (¶0044 - Sending, by a network device 101, uplink gap (ULgap) configuration information to a user device 102, where the ULgap configuration information is configured for indicating a gap in which the user device is prohibited from scheduling uplink information) and a second time window wherein the second time window indicative of a maximum aggregate duration of the one or more uplink gaps within the first time window (Fig. 5, ¶0064 - As shown in FIG. 5, the length of the uplink gaps is the length of all time domain blocks labeled as “G”, ¶0066 - The ULgap configuration information includes a second time domain length, where the second time domain length corresponds to a length (or a length of time, or duration) of the uplink gap, & ¶0128-0131 - …the ULgap configuration information includes at least one of the following: a repetition period of the uplink gaps, where a length of the period of the uplink gaps is a length of time or a multiple based on a unit time domain length; a length of the uplink gaps; or a starting offset value of the uplink gaps).
Yet, Tao does not expressly teach transmitting to a user equipment (UE), a first time division duplex (TDD) configuration for wireless communications between the UE and the apparatus and transmitting… a first ULGP associated with… the first TDD configuration.
However, Wang 1 explicitly teach transmitting to a user equipment (UE), a first time division duplex (TDD) configuration for wireless communications between the UE and the apparatus (Pg. 14, line 11 - Each information block transmitted by a Node B (eNB), wherein each information block… includes information identifying the TDD configuration) and transmitting… a first ULGP associated with… the first TDD configuration (Pg. 4, Line 18 - The special subframe contains the downlink and uplink time zones separated by the guard period for downlink to Uplink handover, and includes… [an] Uplink Pilot Time Slot (UpPTS), and [a] Protection Period (GP). & Pg. 16, Line 13 - UE receives and understands the TDD configuration and changes the configuration accordingly in the next frame).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wang 1 to the teaching of Tao. The motivation for such would be to improve communication efficiency through the use of a TDD configuration as Wang 1 provides information regarding the use of a time division duplex for wireless communications which could supplement the use of the uplink gap disclosed by Tao (Pg. 16, Line 13, Wang 1). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Yet, Tao and Wang 1 do not expressly teach wherein the maximum aggregate duration is a function of a duration of the first time window.
However, Jiao explicitly teaches wherein the maximum aggregate duration is a function of a duration of the first time window (¶0007 - the periodicity information includes a quantity of TDD patterns and/or a TDD pattern periodicity. ¶0008 - the indication information is further used to indicate UL transmission duration in the TDD pattern periodicity. As per the post final interview conducted on 09/16/2025, Examiner understands this claim to be in reference to Fig. 4 of the present application, specifically the periodicity of the pattern found within and how it applies over the sequence of frames as the time period is adjusted. Examiner interprets the disclosure of Jiao in view of the disclosure of Tao discussed during said interview. Fig. 5 of Tao shows, much like Fig. 4 of the present application, a series of downlink, uplink and gap frames in a pattern over a period of time. When this pattern is taken into consideration alongside Jiao’s disclosure of TDD patterns within a set periodicity, Examiner interprets that the present disclosure is obtained, as the pattern of Tao can be changed and modulated according to the periodicity provided the pattern of Jiao) and a ratio between the maximum aggregate duration and the duration of the first time window is indicative of an overhead associated with the one or more uplink gaps (¶0054 - when the second UL transmission duration is less than or equal to a time threshold, determine the first UL transmission duration based on the second UL transmission duration, where the time threshold is maximum UL transmission duration that can be indicated by a bit used to indicate the first UL transmission duration. Examiner interprets that the maximum UL transmission duration that is indicated herein would construe a “number of consecutive static uplink slots that can be configured as uplink gap slots” (¶0084 of the specification), which the specification defines as the overhead (¶0124)).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Jiao to the teaching of Tao and Wang 1. The motivation for such would be to improve overall transmission effectiveness as Jiao provides a ratio between a maximum aggregate duration of time units and a supplied window to determine where the uplink gaps can be placed (¶0008, Jiao). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 2, Tao, Wang 1, and Jiao teach Claim 1.
Tao further teaches wherein the first time window is indicative of a repetition periodicity of the one or more uplink gaps for the first ULGP (¶0060 - A repetition period of the uplink gaps (i.e., ULGapRepetitionPeriod), where a length of the period of the uplink gaps is a length of time or a multiple based on a unit time domain length).
Re. Claim 4, Tao, Wang 1, and Jiao teach Claim 1.
Tao further teaches wherein the distribution of the one or more uplink gaps within the first time window is a uniform distribution of the one or more uplink gaps to uplink symbols of the first TDD configuration within the first time window (¶0047 - the network device configures ULgap configuration information for the user device, where the ULgap configuration information corresponds to one or more ULgaps which correspond to a period during which an uplink signal is interfered with by an IDC signal, so as to prohibit scheduling of uplink information by the user device within the corresponding gap(s) & ¶0064 - The length of the uplink gaps is the length of all time domain blocks labeled as “G” in FIG. 5… the length of a time domain block is one slot… [which] correspond[s] to uplink slots).
Re. Claim 5, Tao, Wang 1, and Jiao teach Claim 1.
Yet, Tao does not explicitly teach wherein the first TDD configuration is indicative of a pattern of uplink and downlink slots repeated within the first time window, and wherein the pattern of uplink and downlink slots comprises at least a first uplink slot and a second uplink slot contiguous to the first uplink slot.
However, Wang 1 expressly teaches wherein the first TDD configuration is indicative of a pattern of uplink and downlink slots repeated within the first time window (Pg. 5 Table 1)., and wherein the pattern of uplink and downlink slots comprises at least a first uplink slot and a second uplink slot contiguous to the first uplink slot (Pg. 5 Table 1).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wang 1 to the teaching of Tao. The motivation for such would be as Wang 1 provides a pattern for the TDD that shows repeated uplink and downlink slots (Pg. 5, Table 1, Wang 1). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 6, Tao, Wang 1, and Jiao teach Claim 5.
Tao further teaches wherein the distribution of the one or more uplink gaps is a uniform distribution of the one or more uplink gaps to the second uplink slot of each repetition of the first TDD configuration within the first time window (¶0064 - The length of the uplink gaps is the length of all time domain blocks labeled as “G” in FIG. 5… the length of a time domain block is one slot… [which] correspond[s] to uplink slots).
Yet, Tao does not expressly teach wherein the second uplink slot occurs after the first uplink slot in the pattern of uplink and downlink slots.
However, Wang 1 explicitly wherein the second uplink slot occurs after the first uplink slot in the pattern of uplink and downlink slots (Pg. 5 Table 1).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wang 1 to the teaching of Tao. The motivation for such would be as Wang 1 provides a pattern for the TDD that shows repeated uplink and downlink slots (Pg. 5, Table 1, Wang 1). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 7, Tao, Wang 1, and Jiao teach Claim 6.
Tao further teaches wherein the one or more processors are further configured to cause the apparatus to: obtain, from the base station, a slot offset value configured to offset the uniform distribution of the one or more uplink gaps (¶0059–0062 - The ULgap configuration information includes at least one kind of the following: a starting offset value of the uplink gaps (ULgapoffset)); and offset, based on the slot offset value, the uniform distribution of the one or more uplink gaps from the second uplink slot to the first uplink slot of each repetition of the first TDD configuration within the first time window (¶0064 - The length of the uplink gaps is the length of all time domain blocks labeled as “G” in FIG. 5… the length of a time domain block is one slot… [which] correspond[s] to uplink slots).
Re. Claim 13, Tao, Wang 1, and Jiao teach Claim 1.
Tao further teaches, wherein the one or more processors are further configured to cause the apparatus to output, for transmission to the base station, a request for the ULGP configuration (¶0054 - Sending a configuration request to a network device, where the configuration request is configured for requesting the network device to configure ULgap configuration information for the user device).
Re. Claim 14, Tao, Wang 1, and Jiao teach Claim 13.
Tao further teaches wherein the request for the ULGP configuration is outputted for transmission in response to a signal, transmitted by the base station, querying the apparatus for an uplink gap determination (¶0054 - Sending a configuration request to a network device, where the configuration request is configured for requesting the network device to configure ULgap configuration information for the user device), and wherein the one or more processors are further configured to cause the apparatus to: request the ULGP configuration based on at least one of the first TDD configuration, a subcarrier spacing (SCS) associated with the first TDD configuration, OR an expected improvement to the wireless communications between the apparatus and the base station (¶0086 - Enables the network device to configure the ULgap configuration information required by the user device based on the needs of the user device. Additionally, Examiner interprets that “needs of the user device” includes potential expected improvements, and that only one of the claimed features needs to be mapped because of the presence of “Or”).
Re. Claim 17, Tao, Wang 1, and Jiao teach Claim 16.
Tao further teaches wherein the ULGP is output for transmission to the UE based on at least one of the first TDD configuration, a subcarrier spacing (SCS) associated with the first TDD configuration, OR an expected improvement to the wireless communication between the UE and the apparatus (¶0086 - Enables the network device to configure the ULgap configuration information required by the user device based on the needs of the user device. Additionally, Examiner interprets that “needs of the user device” includes potential expected improvements, and that only one of the claimed features needs to be mapped because of the presence of “Or”).
Re. Claim 18, Tao, Wang 1, and Jiao teach Claim 16.
Tao further teaches wherein the one or more processors are further configured to cause the apparatus to output, for transmission to the UE, a slot offset value configured to indicate a uniform distribution of one or more uplink gaps within the first time window (¶0059-0062 - The ULgap configuration information includes at least one kind of the following:… a starting offset value of the uplink gaps (ULgapoffset)).
Re. Claim 20, Tao, Wang 1, and Jiao teach Claim 16.
Tao further teaches a transceiver configured to: transmit the first TDD configuration (¶0351 - The BS may transmit the first TDD UL/DL configuration via a first message); and transmit the ULGP configuration (¶0044 - Sending, by a network device 101, uplink gap (ULgap) configuration information to a user device 102), wherein the apparatus is configured as a base station (¶0042 - The network device 101 includes but is not limited to: a next-generation base station).
Re. Claim 21, Tao, Wang 1, and Jiao teach Claim 1.
Additionally, Tao further teaches at least one transceiver configured to: receive the ULGP configuration (¶0045 - Receiving, by the user device 102, the ULgap configuration information from the network device 101, where the ULgap configuration information is configured for indicating the gap in which the user device is prohibited from scheduling the uplink information); and transmit the uplink signaling according to the distribution of the one or more uplink gaps within the first time window (¶0163 - Sending dynamic signaling to the network device… Where the dynamic signaling includes the activation indication configured for the network device to activate the ULgap configuration information or the deactivation indication configured for the network device to deactivate the ULgap configuration information), wherein the apparatus is configured as a user equipment (UE) (¶0039 - The user device 102 described above can be User Equipment (UE), a terminal, an access terminal, a terminal unit, a terminal station, a mobile station (MS), a remote station, a remote terminal, a mobile terminal, a wireless communication device, a terminal agent, or a user device, among others).
However, Tao does not expressly teach a transmitter set to receive the first TDD configuration.
Yet, Wang 1 explicitly teaches a transmitter receive the first TDD configuration (Pg. 16, Line 13 - UE receives and understands the TDD configuration).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wang 1 to the teaching of Tao. The motivation for such would be as Wang 1 provides a transmitter to receive the first TDD configuration which could supplement the use of the uplink gap disclosed by Tao (Pg. 16, Line 13, Wang 1). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Claims 8-10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Tao, in view of Wang 1, Jiao, and Rastegardoost et al. (2024/0243895), hereinafter Rastegardoost.
Re. Claim 8, Tao, Wang 1, and Jiao teach Claim 1.
Yet, Tao, Wang 1, and Jiao do not expressly teach, wherein the one or more processors are further configured to cause the apparatus to obtain, from the base station, a second TDD configuration
wherein the first TDD configuration is indicative of a first pattern of uplink and downlink slots, and the second TDD configuration is indicative of a second pattern of uplink and downlink slots wherein the first pattern and the second pattern are repeated within the first time window.
However, Rastegardoost explicitly teaches wherein the one or more processors are further configured to cause the apparatus to obtain, from the base station, a second TDD configuration (¶0350 - The UE (e.g., a RedCap UE) may receive a second TDD UL/DL configuration), wherein the first TDD configuration is indicative of a first pattern of uplink and downlink slots, and the second TDD configuration is indicative of a second pattern of uplink and downlink slots (¶0350 - The second configuration parameters may comprise/indicate a second TDD UL/UL configuration), wherein the first pattern and the second pattern are repeated within the first time window (¶0387 - The first UE and the second UE may apply the first TDD UL/DL pattern and the second TDD UL/DL pattern, respectively, to 2.sup.(μ−μ.sup.ref.sup.) consecutive slots).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Rastegardoost to the teachings of Tao, Wang 1, and Jiao. The motivation for such would be as Rastegardoost provides a means for obtaining a TDD configuration in order to indicate a pattern of uplink and downlink slots (¶0350, Rastergardoost). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 9, Tao, Wang 1, Jiao and Rastegardoost teach Claim 8.
Additionally, Tao further teaches wherein the one or more processors are further configured to cause the apparatus to distribute the one or more uplink gaps to an uplink slot of the second pattern based on the number of uplink slots associated with the second pattern (¶0064 - The length of the uplink gaps is the length of all time domain blocks labeled as “G” in FIG. 5… the length of a time domain block is one slot… [which] correspond[s] to uplink slots).
Yet, Tao and Wang 1 do not expressly teach wherein the second pattern comprises a number of uplink slots that is greater than a number of uplink slots of the first pattern and wherein the uplink slot of the second pattern is a last uplink slot of the second pattern.
However, Rastegardoost explicitly teaches wherein the second pattern comprises a number of uplink slots that is greater than a number of uplink slots of the first pattern (¶0384 - The first TDD UL/DL configuration may be cell-specific (e.g., TDD-UL-DL-ConfigurationCommon). For example, the second TDD UL/DL configuration may be group/RedCap-specific (e.g., TDD-UL-DL-ConfigurationCommon-RedCap). Examiner interprets that the two configurations being different implies that the second pattern could have a greater number of slots than the first), and wherein the uplink slot of the second pattern is a last uplink slot of the second pattern (¶0230 - The higher-layer parameter nrofUplinkSymbols provides the number of last UL symbols in the slot. Examiner interprets that this parameter can be used to identify the final UL slot in the pattern in order to associate the uplink gap with the final slot).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Rastegardoost to the teachings of Tao and Wang 1. The motivation for such would be as Rastegardoost provides a second pattern of uplink slots that are to be compared against a first pattern (¶0384, Rastergardoost). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 10, Tao, Wang 1, and Jiao teach Claim 1.
Yet, Tao, Wang 1, and Jiao do not expressly teach, wherein the first TDD configuration corresponds to a first bandwidth part (BWP) defined by a first subcarrier spacing (SCS) wherein the one or more processors are further configured to cause the apparatus to obtain, from the base station, a second TDD configuration wherein the first TDD configuration is indicative of a first pattern of uplink and downlink slots, and the second TDD configuration is indicative of a second pattern of uplink and downlink slots wherein the first pattern and the second pattern are repeated within the first time window.
However, Rastegardoost explicitly teaches wherein the first TDD configuration corresponds to a first bandwidth part (BWP) defined by a first subcarrier spacing (SCS) (¶0348 - A first UL BWP and a first DL BWP may be paired (e.g., have a same BWP index), e.g., in a TDD cell (or unpaired spectrum operation). The first BWP (UL BWP and/or DL BWP) may be configured with a first SCS), wherein the one or more processors are further configured to cause the apparatus to obtain, from the base station, a second TDD configuration (¶0350 - The UE (e.g., a RedCap UE) may receive a second TDD UL/DL configuration) corresponding to a second BWP defined by a second SCS, and wherein each of the first TDD configuration and the second TDD configuration are associated with the first ULGP (¶0388 - The first UE and the second UE may map same TDD UL/DL pattern based on different numerology and/or periodicity… [for example] reference SCS… may be defined based on SCS of separate… BWP).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Rastegardoost to the teachings of Tao, Wang 1, and Jiao. The motivation for such would be as Rastegardoost provides where a TDD corresponds with a BWP and obtaining a second TDD with a second corresponding TDD associated with the Uplink Gap (¶0350, Rastergardoost). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 12, Tao, Wang 1, Jiao and Rastegardoost teach Claim 10.
Yet, Tao, Wang 1, and Jiao do not expressly teach wherein the distribution of the one or more uplink gaps within the first time window is determined based on a lower SCS of the first SCS and the second SCS regardless of which of the first BWP or the second BWP is active, and wherein a location of the one or more uplink gaps within the first time window based on the first SCS is the same location of the one or more uplink gaps within the first time window based on the second SCS.
However, Rastegardoost explicitly wherein the distribution of the one or more uplink gaps within the first time window is determined based on a lower SCS of the first SCS and the second SCS regardless of which of the first BWP or the second BWP is active (¶0227 - The UE expects that the reference SCS configuration pref is smaller than or equal to an SCS configuration for μ any configured DL BWP or UL BWP. Each slot (configuration) provided by the higher-layer parameter pattern1 or pattern2 is applicable to 2.sup.(μ−μ ref) consecutive slots in the active DL BWP or active UL BWP), and wherein a location of the one or more uplink gaps within the first time window based on the first SCS is the same location of the one or more uplink gaps within the first time window based on the second SCS (¶0227 - Consecutive slots in the active DL BWP or active UL BWP in the first slot which starts at the same time as the first slot for the reference SCS configuration).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Rastegardoost to the teachings of Tao, Wang 1, and Jiao. The motivation for such would be as Rastegardoost provides a determination of an uplink gap given a first or second SCS within a time window (¶0227, Rastergardoost). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Tao, in view of Wang 1, Jiao, Rastegardoost, Chae et al. (JP 7328647 B2), hereinafter Chae, and Chunxu et al. (AU 2020429220 A1), hereinafter Chunxu.
Re. Claim 11, Tao, Wang 1, Jiao and Rastegardoost teach Claim 10.
Additionally, Tao further teaches wherein the distribution of the one or more uplink gaps within the first time window is determined based on the first TDD configuration, the first ULGP, and the second TDD configuration (¶0064 - The length of the uplink gaps is the length of all time domain blocks labeled as “G” in FIG. 5… the length of a time domain block is one slot… [which] correspond[s] to uplink slots).
Yet, Tao, Wang 1, Jiao, and Rastegardoost do not expressly teach wherein the one or more processors are further configured to cause the apparatus to: if the second time window is shorter than a slot length of the second SCS, scale up the second time window for the second SCS such that a ratio between the scaled up second time window and the first time window is within a threshold range.
However, Chae explicitly teaches wherein the one or more processors are further configured to cause the apparatus to: if the second time window is shorter than a slot length of the second SCS, scale up the second time window for the second SCS (¶0226 - The first reservation period indicated in milliseconds (ms) from higher layers or by another wireless device via the sidelink control channel is scaled to the first reservation period. can be converted to the second reservation duration in units of subframes (or basic time resource units, eg, slots or subframes)).
Yet, Chae does not expressly teach such that a ratio between the scaled up second time window and the first time window is within a threshold range.
However, Chunxu explicitly teaches such that a ratio between the scaled up second time window and the first time window is within a threshold range (¶0055 - When the SCS of the S-SSB is greater than the SCS threshold, determine second UL transmission duration based on a ratio of the SCS of the S-SSB to a reference SCS included in the uplink-downlink TDD configuration).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Chae and Chunxu to the teachings of Tao, Wang 1, Jiao and Rastegardoost. The motivation for such would be as Chae provides means for scaling time windows in regards to one another (¶0226, Chae) and Chunxu teaches that the ratio between the scaled window and the unscaled window is within a threshold (¶0055, Chunxu). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Tao, in view of Wang 1, Jiao and Wang et al. (2013/0044651), hereinafter Wang 2.
Re. Claim 19, Tao, Wang 1, and Jiao teach Claim 16.
Tao further teaches obtaining a request from the UE for the ULGP configuration (¶0054 - Sending a configuration request to a network device, where the configuration request is configured for requesting the network device to configure ULgap configuration information for the user device).
Yet, the combination of Tao, Wang 1, and Jiao does not expressly teach wherein the first TDD configuration is outputted for transmission to the UE in response to the request.
However, Wang 2 explicitly teaches wherein the first TDD configuration is outputted for transmission to the UE in response to the request (¶0035 - The UE may determine that an updating of the TDD configuration is requested or required based, at least in part, on the information… in the information block).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wang 2 to the teaching of Tao, Wang 1, and Jiao. The motivation for such would be as Wang 2 provides outputting the TDD configuration in response to a request (¶0035, Wang 2). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Response to Arguments
Applicant’s arguments with respect to claims 1-2, and 4-21 filed on 07/13/2026 have been considered but are not persuasive. Applicant puts forth two arguments, both centered on the new amendments made. Applicant argues that the combination of Tao, Wang, and Jiao does not teach “a ratio between the maximum aggregate duration and the duration of the first time window is indicative of an overhead associated with the one or more uplink gaps”, to which Examiner provides ¶0054 (when the second UL transmission duration is less than or equal to a time threshold, determine the first UL transmission duration based on the second UL transmission duration, where the time threshold is maximum UL transmission duration that can be indicated by a bit used to indicate the first UL transmission duration). Examiner interprets the cited section to represent an existing ratio between a transmission duration and a time threshold that is used to indicate a place in the temporal duration that uplink gaps can be placed. Examiner would also like to note, in the interest of furthering prosecution, that the terms “indicative” and “associated” are interpreted broadly as they do not narrow the term in a descriptive way but rather imply that any association between the parts is sufficient to satisfy the claimed language. Finally, Examiner finds that the grammatical adjustment of independent claims 1, 15, and 16 do not substantively change the claim language and has updated the language as it appears above in the limitations but has not changed any of the cited references. Examiner finds this to be acceptable as Applicant did not provide arguments to the contrary.
As such, Examiner finds the arguments to be not persuasive and upholds the rejection of all in claims under 35 U.S.C. § 103, as well as all claims depending therein under the above stated reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Seok et al. (2024/0323934) – Table 1, ¶0089-0093.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOAH JAMES SUGDEN whose telephone number is (571)270-7406. The examiner can normally be reached Mon-Thurs 9:00-6:00 ET, Fri 9:00-1:00 ET.
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, Khaled Kassim can be reached at (571) 270-3770. 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.
/N.J.S./Examiner, Art Unit 2475
/HASHIM S BHATTI/Primary Examiner, Art Unit 2475
