Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 12, 13 and 22 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1, 12, 13 and 22 recite “wherein the first allocation information, that is transmitted via the first transmission via the first carrier and that is about the location of common information within the first carrier, is embedded in the first control region of the first subframe, and
wherein the second allocation information, that is transmitted via the second transmission via the second carrier and that is about the location of the common information within the first carrier, is embedded is located in the virtual carrier control subframe.” Applicant’s original Specification does not disclose that allocation information is “embedded” in any type of carrier, and does not disclose the term “embed” at all in any form.
Additionally, the Examiner notes that Applicant’s arguments stating that a virtual carrier may not be in a common carrier with another PDCCH appears to create prosecution history estoppel as to that definition of virtual carrier, which contradicts Applicant’s claim limitation that “wherein the second set of physical resources comprise a virtual carrier within the host carrier.”
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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, 3-4 , 8-13, 15-16 and 20-22 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Fong et al. (US 2011/0034175) in view of Damnjanovic et al. (US 2010/0034163), and further in view of Sagfors et al. (US 2013/0258938), and further in view of Gheorghiu et al. (US 2010/0246427).
Regarding claim 1, Fong discloses a device configured as a first mobile unit in a wireless communication system (Fong, paragraph [0002], wireless devices; paragraph [0091], circuits) that includes a base station (Fong, paragraph [0003], base station), the device comprising:
a transceiver; and control circuitry configured (Fong, paragraph [0088], processor and memory) to:
receive a transmission from the base station via one of a first carrier or a second carrier of the base station (Fong, paragraph [0001], lines 1-5, multi-carrier data transmission in a communication system; paragraph [0003], lines 1-4, base station; paragraph [0045], nodes/cells 202 and 204 may activate all three carriers f1, f2, f3 for UA 208 and UA 210; paragraph [0058], lines 1-6, UE assigned component carriers),
wherein the first carrier comprises a first set of physical resources and the second carrier comprises a second set of physical resources that is logically separate from the first set of physical resources (Fong, Fig. 1; paragraph [0007], lines 1-9, each component carrier has a bandwidth of 20 MHz), the first carrier providing a first communication channel for the first mobile unit and the second carrier providing a second communication channel for a second mobile unit (Fong, Fig. 3; paragraph [0005], lines 1-3, communication channels; paragraph [0045], nodes/cells 202 and 204 may activate all three carriers f1, f2, f3 for UA 208 and UA 210),
wherein the transmission via the first carrier includes first allocation information about a location of common information within the first carrier (Fong, paragraph [0047], PDCCH allocates resources on f1; paragraph [0049], node/cell 204 may transmit on carriers f1 and/or f2 a PDCCH to allocate PDSCH resources on f3; paragraph [0054], PDCCH allocating the PDSCH; paragraph [0056], PDCCH allocates resource on the virtual carrier; paragraph [0058], broadcast signaling to specify the carrier configuration including bandwidth, frequency and channel configuration; designated active carrier with PDCCH monitored by UE; designated active carrier carries synchronization information, system information, broadcast, paging),
wherein the transmission via the second carrier includes second allocation information about the location of the common information within the first carrier (Fong, paragraph [0049], node/cell 204 may transmit on carriers f1 and/or f2 a PDCCH to allocate PDSCH resources on f3; paragraph [0051], control channel on f1 or f2 allocates resources on f3; paragraph [0054], PDCCH allocating the PDSCH; paragraph [0056], PDCCH allocates resource on the virtual carrier; paragraph [0058], broadcast or unicast RRC signaling to specify the carrier configuration including bandwidth, frequency and channel configuration; designated active carrier with PDCCH monitored by UE; designated active carrier carries synchronization information, system information, broadcast, paging), and
wherein the common information comprises information common to communications with the base station via the first carrier and the second carrier (Fong, paragraph [0049], node/cell 204 may transmit on carriers f1 and/or f2 a PDCCH to allocate PDSCH resources on f3; paragraph [0051], control channel on f1 or f2 allocates resources on f3; paragraph [0054], PDCCH allocating the PDSCH; paragraph [0056], PDCCH allocates resource on the virtual carrier; paragraph [0058], broadcast or unicast RRC signaling to specify the carrier configuration including bandwidth, frequency and channel configuration; designated active carrier with PDCCH monitored by UE; designated active carrier carries synchronization information, system information, broadcast, paging);
access the common information within the first carrier (Fong, paragraph [0049], node/cell 204 may transmit on carriers f1 and/or f2 a PDCCH to allocate PDSCH resources on f3; paragraph [0051], control channel on f1 or f2 allocates resources on f3; paragraph [0054], PDCCH allocating the PDSCH; paragraph [0056], PDCCH allocates resource on the virtual carrier; paragraph [0058], broadcast signaling to specify the carrier configuration including bandwidth, frequency and channel configuration; designated active carrier with PDCCH monitored by UE; designated active carrier carries synchronization information, system information, broadcast, paging): and
communicate with the base station via the one of the first or second carriers in accordance with the common information (Fong, paragraph [0049], node/cell 204 may transmit on carriers f1 and/or f2 a PDCCH to allocate PDSCH resources on f3; paragraph [0051], control channel on f1 or f2 allocates resources on f3; paragraph [0054], PDCCH allocating the PDSCH; paragraph [0056], PDCCH allocates resource on the virtual carrier; paragraph [0058], broadcast or unicast RRC signaling to specify the carrier configuration including bandwidth, frequency and channel configuration; designated active carrier with PDCCH monitored by UE; designated active carrier carries synchronization information, system information, broadcast, paging),
wherein the carrier comprises a carrier control subframe and a carrier data subframe (Fong, paragraph [0051], control channel on f1 or f2 or f3 allocates resources on f3),
wherein the first allocation information, that is transmitted via the first transmission via the first carrier and that is about the location of common information within the first carrier, is embedded in the first control region of the first subframe (Fong, paragraph [0049], node/cell 204 may transmit on carriers f1 and/or f2 a PDCCH to allocate PDSCH resources on f3; paragraph [0051], control channel on f1 or f2 or f3 allocates resources on f3), and
wherein the second allocation information, that is transmitted via the second transmission via the second carrier and that is about the location of the common information within the first carrier, is embedded is located in the virtual carrier control subframe (Fong, paragraph [0051], control channel on f1 or f2 or f3 allocates resources on f3).
Although disclosed in Fong, Damnjanovic more clearly discloses that the common information (Damnjanovic, paragraph [0045], PSS, SSS, MIB, PBCH; paragraph [0047], additional SIBs on anchor carrier can provide multicarrier information such as other anchor carriers and new control regions) comprises information common to communications with the base station via the first carrier and the second carrier (Damnjanovic, paragraph [0049], anchor carrier can transmit a DL grant on multiple carriers including anchor carrier and non-anchor carrier). It would have been obvious to a person of ordinary skill in the art, at the time of the invention, for the common information of Fong to be for at least one mobile unit using the first carrier and for at least one mobile unit using a second carrier, as in Damnjanovic. The motivation to combine the references would have been to consolidate the signaling for multiple carriers, as discussed in paragraph [0044] of Damnjanovic.
Although disclosed in Fong, Sagfors more clearly discloses that upon reception of first allocation information comprising an indication of a location of common information within a first carrier (Sagfors, paragraph [0012]-[0013], system information scheduled by PDCCH) access the common information in the first carrier (Sagfors, paragraph [0012], other SIBs scheduled by system information).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, for the first allocation information comprising an indication of a location of common information. The motivation to combine the references would have been to inform UEs where to find common information.
Fong does not explicitly disclose, but Gheorghiu discloses wherein the first set of physical resources and the second set of physical resources are physical resources of a host carrier.
Gheorghiu discloses wherein the first set of physical resources and the second set of physical resources are physical resources of a host carrier (Gheorghiu, Figs. 2, 3A, 4, 5, M-PDCCH in data regions of adjacent subframes; paragraph [0046], M-PDCCH is a channel with lower SNR than other channels; paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data),
wherein the second set of physical resources comprise a virtual carrier within the host carrier (Gheorghiu, Figs. 2, 3A, 4, 5),
wherein the virtual carrier comprises a virtual carrier control subframe and a virtual carrier data subframe (Gheorghiu, paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data; paragraph [0048], multiple instances of the PDCCH or M-PDCCH may be transmitted in the same subframe or different subframes; paragraph [0051], M-PDDCH transmitted in the same portion of the system bandwidth as the PBCH to allow the wireless device to operate only on that bandwidth, or, in another design, the physical channel may be transmitted in some other designated portion of the system bandwidth),
wherein the first allocation information, that is transmitted via the first transmission via the first carrier, is embedded in the first control region of the first subframe (Gheorghiu, paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data; paragraph [0048], multiple instances of the PDCCH or M-PDCCH may be transmitted in the same subframe or different subframes; ; paragraph [0051], M-PDDCH transmitted in the same portion of the system bandwidth as the PBCH to allow the wireless device to operate only on that bandwidth, or, in another design, the physical channel may be transmitted in some other designated portion of the system bandwidth), and
wherein the second allocation information, that is transmitted via the second transmission via the second carrier, is embedded is located in the virtual carrier control subframe (Gheorghiu, paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data; paragraph [0048], multiple instances of the PDCCH or M-PDCCH may be transmitted in the same subframe or different subframes; paragraph [0051], M-PDDCH transmitted in the same portion of the system bandwidth as the PBCH to allow the wireless device to operate only on that bandwidth, or, in another design, the physical channel may be transmitted in some other designated portion of the system bandwidth).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, for carriers of Fong to be a host carrier. The motivation to combine the references would have been to accommodate a carrier for MTC devices.
Regarding claim 3, Fong in view of Damnjanovic, and further in view of Sagfors, and further in view of Gheorghiu discloses the device according to claim 1,wherein the host carrier comprises a first subframe that is contiguous with a second subframe (Gheorghiu, Figs. 2, PBCHs in subframes 1 and 5; Fig. 5; paragraph [0051], M-PDCCH may be transmitted in the center portion of the bandwidth with the PBCH or in some other portion of the bandwidth).
Regarding claim 4, Fong in view of Damnjanovic, and further in view of Sagfors, and further in view of Gheorghiu discloses the device according to claim 3, wherein the first subframe of the host carrier comprises the first control region and a first data region, and wherein the second subframe of the host carrier comprises a second control region and a second data region (Fong, paragraph [0060], in a subframe, the serving cell may assign resources to UAs using PDCCH; paragraph [0061], subframes) (Gheorghiu, Fig. 2, PDCCHs in subframes; paragraph [0033], PDCCH in control region of a subframes, each instance of a PDCCCH carries DCI conveying downlink grants).
Regarding claim 8, Fong in view of Damnjanovic, and further in view of Sagfors, and further in view of Gheorghiu discloses the device according to claim 1,
wherein the first set of physical resources comprises first physical resources in each of first and second regions of the host carrier (Gheorghiu, Figs. 2, 3A, 4, 5, M-PDCCH in data regions of adjacent subframes; paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data), and
wherein the second set of physical resources comprises second physical resources, different from the first physical resources, in each of the first and second regions of the host carrier (Gheorghiu, Figs. 2, 3A, 4, 5, M-PDCCH in data regions of adjacent subframes; paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data).
Regarding claim 9, Fong in view of Damnjanovic, and further in view of Sagfors, and further in view of Gheorghiu discloses the device according to claim 1, wherein the control circuitry is configured:
to receive the transmission from the base station only via the first carrier, and to only communicate with the base station via the first carrier in accordance with the common information and first carrier specific information (Fong, paragraph [0049], node/cell 204 may transmit on carriers f1 and/or f2 a PDCCH to allocate PDSCH resources on f3; paragraph [0051], control channel on f1 or f2 allocates resources on f3; paragraph [0054], PDCCH allocating the PDSCH; paragraph [0056], PDCCH allocates resource on the virtual carrier; paragraph [0058], broadcast signaling to specify the carrier configuration including bandwidth, frequency and channel configuration; designated active carrier with PDCCH monitored by UE; designated active carrier carries synchronization information, system information, broadcast, paging), or
to receive the transmission from the base station only via the second carrier, and to only communicate with the base station via the second carrier in accordance with the common information and second carrier specific information (Fong, paragraph [0049], node/cell 204 may transmit on carriers f1 and/or f2 a PDCCH to allocate PDSCH resources on f3; paragraph [0051], control channel on f1 or f2 allocates resources on f3; paragraph [0054], PDCCH allocating the PDSCH; paragraph [0056], PDCCH allocates resource on the virtual carrier; paragraph [0058], broadcast signaling to specify the carrier configuration including bandwidth, frequency and channel configuration; designated active carrier with PDCCH monitored by UE; designated active carrier carries synchronization information, system information, broadcast, paging).
Regarding claim 10, Fong in view of Damnjanovic, and further in view of Sagfors, and further in view of Gheorghiu discloses the device according to claim 9,
wherein communications with the base station via the first carrier includes communications via the first set of physical resources and excludes communications via the second set of physical resources (Gheorghiu, Figs. 2, 3A, 4, 5, M-PDCCH in data regions of adjacent subframes; paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data), and
wherein communications with the base station via the second carrier includes communications via the second set of physical resources and excludes communications via the first set of physical resources (Gheorghiu, Figs. 2, 3A, 4, 5, M-PDCCH in data regions of adjacent subframes; paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data).
Regarding claim 11, Fong in view of Damnjanovic, and further in view of Sagfors, and further in view of Gheorghiu discloses the device according to claim 1,
wherein the first set of physical resources comprise a plurality of frequencies (Gheorghiu, Figs. 2, 3A, 4, 5, M-PDCCH in data regions of adjacent subframes; paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data), and
wherein the second set of physical resources comprise a plurality of contiguous frequencies located within the plurality of frequencies of the host carrier that comprise the first set of physical resources (Gheorghiu, Figs. 2, 3A, 4, 5, M-PDCCH in data regions of adjacent subframes; paragraph [0047], PDCCH and M-PDCCH carry control data and traffic data).
Claims 12, 13 and 22 are rejected under substantially the same rationale as claim 1.
Claims 15-16 and 20-21 are rejected under substantially the same rationale as claims 3-4 and 8 and 11, respectively.
Response to Arguments
Applicant's arguments filed Octobe4r 21, 2025 have been fully considered but they are not persuasive.
Applicant asserts that the claims are patentable because Gheorghiu allegedly fails to disclose embedding location information for control information of a physical channel within a virtual channel. However, the combination of the cited references does disclose the claim limitations, as discussed in the claim rejection. Gheorghiu, discloses, for example in Figs. 2, 3A, 4 and 5 and in paragraph [0051], that M-PDDCH transmitted in the same portion of the system bandwidth as the PBCH to allow the wireless device to operate only on that bandwidth, and discloses, for example that the M-PDDCH is located in the virtual carrier within a host carrier. Further, Fong discloses, for example in paragraph [0049], node/cell 204 may transmit on carriers f1 and/or f2 a PDCCH to allocate PDSCH resources on f3paragraph [0051], control channel on f1 or f2 or f3 allocates resources on f3. Sagfors discloses, for example in paragraphs [0012]-[0013], system information scheduled by PDCCH and that other SIBs are scheduled by system information.
Applicant further asserts that the claims are patentable because Gheorghiu’s allegedly does not disclose a virtual carrier. However, this is incorrect. Gheorghiu’s disclosed M-PDCCH is a virtual carrier. Applicant offers no definition of the term “virtual carrier” which would exclude Gheorghiu’s M-PDCCH. Further, Applicant’s published Specification, in paragraph [0009], defines that Applicant’s virtual carrier is a carrier for devices having limited capabilities, such as MTC devices. Accordingly, Gheorghiu’s M-PDCCH [Machine PDCCH] is exactly the type of virtual carrier defined by Applicant’s Specification.
Applicant further argues that Gheorghiu’s disclosed M-PDCCH is not a virtual carrier because it may be transmitted “in a common carrier” with Gheorghiu’s disclosed PDCCH, as disclosed in Fig. 4 of Gheorghiu. However, this contradicts Applicant’s claimed limitation that “wherein the second set of physical resources comprise a virtual carrier within the host carrier.” Applicant further argues that a first carrier being “embedded” in a second carrier is somehow different than Gheorghiu’s disclosed M-PDCCH which is transmitted within a larger carrier, as disclosed in Fig. 4 of Gheorghiu. However, firstly, the term “embedded” is not disclosed in Applicant’s Specification at all; and, secondly, the term “embedded” means “ located inside,” which exactly describes how Gheorghiu’s disclosed M-PDCCH which is transmitted within a larger carrier, as disclosed in Fig. 4 of Gheorghiu, as well as how Fig. 5 of Applicant’s own Specification illustrates that a virtual carrier IS located within a larger carrier.
The Examiner notes that Applicant’s arguments stating that a virtual carrier may not be in a common carrier with another PDCCH appears to create prosecution history estoppel as to that definition of virtual carrier, which contradicts Applicant’s claim limitation that “wherein the second set of physical resources comprise a virtual carrier within the host carrier.”
Conclusion
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/ALAN L LINDENBAUM/ Examiner, Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466