DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
1. The present application is a continuation of application PCT/CN2021/097907 filed 06/02/2021
2. Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file. a. Certified copy of application CN202010502196.X was received on 04/19/23.
Continued Examination Under 37 CFR 1.114
3. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/30/26 has been entered.
Response to Arguments/Amendments
4. Regarding the prior art rejection, the Applicant argues that the previously cited prior art, Zeng (US 20200323006 A1), does not disclose the limitations of the newly amended claims. Specifically, the Applicant argues that Zeng does not disclose the exclusion of the target interval for “the first N symbols of a time unit”. The Examiner disagrees, and notes that the cited guard periods are periods in which no transmission is scheduled, and notes that the guard period is scheduled in symbol-length increments. The Applicant also argues that Zeng does not disclose the limitation “the target time is determined according to a second time, the second time corresponding to a part of a first time excluding a target interval, the first time being a time required for switching between the first communications technology and the second communications technology”. The Examiner notes that this limitation is ambiguous (see section 5, below). The Examiner also notes that the first and second times are determined using the target interval, as they are scheduled around the guard period. The Applicant’s arguments are therefore unpersuasive.
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.
5. Claims 1 – 7, 18, and 21 – 32 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 a “second time corresponding to a part of a first time excluding a target interval”. This language is ambiguous, and the bounds of what is being claimed here are not clear. The claim language could resolve in at least two ways:
1) a second time corresponding to a part of a first time, wherein the second time excludes the target interval.
2) a second time corresponding to a part of a first time, wherein the first time excludes the target interval.
The claim is therefore indefinite, and rejected. The other independent claims have similar language, and are likewise rejected.
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.
6. Claim(s) 1 – 7, 18, and 21 - 32 are rejected under 35 U.S.C. 102(a)(2) as being rejected by Zeng (US 20200323006 A1)
Regarding claim 1, Zeng discloses subject matter relating to inter-RAT switching. Specifically, Zeng discloses a resource obtaining method, applied to a communications device (device; see Fig. 3) and comprising:
obtaining a target resource, wherein the target resource comprises at least one of a first resource or a second resource (UL resource is obtained—either LTE or NR; see paragraph [0125] and Fig. 16A);
the first resource corresponds to a first communications technology, the second resource corresponds to a second communications technology (LTE and NR UL; see paragraph [0125] and Fig. 15), and a resource interval between the first resource and the second resource is greater than or equal to a target time (there must be a period of at least the switching gap between LTE and NR UL; see paragraph [0128]); and
the target time is determined according to a second time, the second time corresponding to a part of a first time excluding a target interval, the first time being a time required for switching between the first communications technology and the second communications technology, the target interval comprising at least one of first N symbols of a target time unit, or an automatic gain control time, and N being a positive integer (there must be a period of at least the switching gap between LTE and NR UL; see paragraph [0128]; there may be guard times as part of the period; see paragraph [0133] and contrast Figs. 16 and 15; the Examiner notes that a guard period is the first N symbols of a time unit starting at the beginning of the guard period).
Regarding claims 2, 21, and 28, Zeng discloses the subject matter of the parent claim(s), as noted above. Zeng further discloses
wherein the first resource and the second resource are adjacent resources; or
the first resource is any resource of the first communications technology, and the second resource is any resource of the second communications technology (LTE and NR UL; see Figs. 15 – 16 and associated description)
Regarding claims 3, 22, and 29, Zeng discloses the subject matter of the parent claim(s), as noted above. Zeng further discloses wherein the obtaining the target resource comprises:
obtaining at least one of the first resource or the second resource through resource selection or resource reselection (device uses resources to communicate (ie resources are selected or reselected); see paragraph [0128]); and/or
after the obtaining the target resource, the method further comprises:
performing resource selection or resource reselection in an obtained resource.
Regarding claims 4, and 23, Zeng discloses the subject matter of the parent claim(s), as noted above. Zeng further discloses wherein the obtained resource comprises at least one of:
a selected resource (device uses resources to communicate (ie resources are selected or reselected); see paragraph [0128])
a reserved resource;
a reselected resource;
a recommended resource;
a resource indicated to another user; or
a preempted resource.
Regarding claim 5, 24, and 30, Zeng discloses the subject matter of the parent claim(s), as noted above. Zeng further discloses
the target time is a quantity B of time units comprised in the second time, and B is a natural number (switching period can be eg K symbols; see paragraph [0128])
Regarding claims 6, 25, and 31, Zeng discloses the subject matter of the parent claim(s), as noted above. Zeng further discloses wherein a subcarrier spacing of the target time is a first subcarrier spacing or a second subcarrier spacing (subcarrier spacing of the two RATs; see paragraph [0130]),
wherein the first subcarrier spacing is a subcarrier spacing of the first resource, and the second subcarrier spacing is a subcarrier spacing of the second resource (subcarrier spacing of the two RATs; see paragraph [0130]);
wherein the subcarrier spacing of the target time is a minimum subcarrier spacing in the first subcarrier spacing and the second subcarrier spacing (subcarrier spacing of the two RATs; see paragraph [0130]); or
the subcarrier spacing of the target time is a maximum subcarrier spacing in the first subcarrier spacing and the second subcarrier spacing (subcarrier spacing of the two RATs; see paragraph [0130]); or
the subcarrier spacing of the target time is a subcarrier spacing in a communications technology using an extended cyclic prefix (ECP); or (subcarrier spacing of the two RATs; see paragraph [0130]; the Examiner notes that both LTE and NR use ECP).
the subcarrier spacing of the target time is a subcarrier spacing corresponding to a communications technology used before the switching (subcarrier spacing of the two RATs; see paragraph [0130]).
Regarding claims 7, 26, and 32, Zeng discloses the subject matter of the parent claim(s), as noted above. Zeng further discloses wherein the guard period is a first guard period or a second guard period (guard period; see paragraph [0133]), wherein
the target interval further comprises a guard period, and the first guard period is a guard period of the first resource, and the second guard period is a guard period of the second resource (NR guard period; see paragraph [0133]);
wherein the guard period is a minimum guard period in the first guard period and the second guard period (NR guard period; see paragraph [0133]); or
the guard period is a maximum guard period in the first guard period and the second guard period (NR guard period; see paragraph [0133]); or
the guard period is a guard period in a communications technology using an extended cyclic prefix (ECP) (NR guard period; see paragraph [0133]; the Examiner notes that NR uses ECP); or
the guard period is a guard period corresponding to a communications technology used before the switching (NR guard period; see paragraph [0133]).
Regarding claim 18, Zeng discloses a communications device, comprising a processor, a memory, and a program or an instruction stored in the memory and executable on the processor, wherein when the program or the instruction is executed by the processor, the communications device is configured to perform (device with processor and memory; see Fig. 3 and associated description):
obtaining a target resource, wherein the target resource comprises at least one of a first resource or a second resource; wherein (UL resource is obtained—either LTE or NR; see paragraph [0125] and Fig. 16A);
the first resource corresponds to a first communications technology, the second resource corresponds to a second communications technology, (LTE and NR UL; see paragraph [0125] and Fig. 15) and a resource interval between the first resource and the second resource is greater than or equal to a target time (there must be a period of at least the switching gap between LTE and NR UL; see paragraph [0128]); and
the target time is determined according to a second time, the second time corresponding to a part of a first time excluding a target interval, the first time being a time required for switching between the first communications technology and the second communications technology, the target interval comprising at least one of first N symbols of a target time unit, or an automatic gain control time, and N being a positive integer (there must be a period of at least the switching gap between LTE and NR UL; see paragraph [0128]; there may be guard times as part of the period; see paragraph [0133] and contrast Figs. 16 and 15; the Examiner notes that a guard period is the first N symbols of a time unit starting at the beginning of the guard period).
Regarding claim 27, Zeng discloses non-transitory readable storage medium, wherein the readable storage medium stores a program or an instruction, and when the program or the instruction is executed by a processor of a communications device, the communications device is configured to perform (device with processor and memory; see Fig. 3 and associated description)::
obtaining a target resource, wherein the target resource comprises at least one of a first resource or a second resource (UL resource is obtained—either LTE or NR; see paragraph [0125] and Fig. 16A); wherein:
the first resource corresponds to a first communications technology, the second resource corresponds to a second communications technology, (LTE and NR UL; see paragraph [0125] and Fig. 15) and a resource interval between the first resource and the second resource is greater than or equal to a target time; and (there must be a period of at least the switching gap between LTE and NR UL; see paragraph [0128]); and
the target time is determined according to a second time, the second time corresponding to a part of a first time excluding a target interval, the first time being a time required for switching between the first communications technology and the second communications technology, the target interval comprising at least one of first N symbols of a target time unit, or an automatic gain control time, and N being a positive integer (there must be a period of at least the switching gap between LTE and NR UL; see paragraph [0128]; there may be guard times as part of the period; see paragraph [0133] and contrast Figs. 16 and 15; the Examiner notes that a guard period is the first N symbols of a time unit starting at the beginning of the guard period).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1) Shaheen - US 20180092085 A1
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/S.S./Examiner, Art Unit 2464
/RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464
