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.
Response to Arguments/Amendments
5. Regarding the 35 USC § 112(b) rejection, the Applicant’s arguments relating to the newly amended claims have been fully considered, and are persuasive.
5. Regarding the Applicant’s arguments addressing the prior art rejection; the arguments have been fully considered but are moot because the arguments do not apply to the set of references being used in the current rejection.
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.
1. Claim(s) *** 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 first time or a second time, the first time is a time required for switching between the first communications technology and the second communications technology, the second time corresponds to a part of the first time excluding a target interval, the target interval comprises at least one of a guard period, first N symbols of a target time unit, or an automatic gain control time, and N is 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)).
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
wherein the target time is a quantity A of time units comprised in the first time, and A is a natural number (switching period can be eg K symbols; see paragraph [0128]); or
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 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 first time or a second time, the first time is a time required for switching between the first communications technology and the second communications technology, the second time corresponds to a part of the first time excluding a target interval, the target interval comprises at least one of a guard period, first N symbols of a target time unit, or an automatic gain control time, and N is 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).
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 first time or a second time, the first time is a time required for switching between the first communications technology and the second communications technology, the second time corresponds to a part of the first time excluding a target interval, the target interval comprises at least one of a guard period, first N symbols of a target time unit, or an automatic gain control time, and N is 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).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN STEINER whose telephone number is (571)272-9825. The examiner can normally be reached M - R 08:00 - 16:00; F 08:00 - 12:00.
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, Ricky Ngo can be reached at 5712723139. 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.
/S.S./Examiner, Art Unit 2464
/RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464