Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant's arguments filed April 30, 2026 have been fully considered but they are moot in view of the new grounds of rejection.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7-16, 19-22 and 24-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shrivastava et al. (US 2019/0208570) in view of AHN S., et al., "Converged Distribution of 5G Media: Opportunities of Overlaid Broadcast and Emerging Applications Over Dual Connectivity", IEEE Transactions on Broadcasting, IEEE Service Center, Piscataway, NJ, US, Vol. 68, No. 2, 1 June 2022, pp. 501-516, XP011910664, Section Il. Overlay of ATSC 3.0 and 5G Broadcast, A. System Overview and Implementation, B. Reliability Comparison Between 5G Broadcast and ATSC3.0 Transmissions. (cited in Applicant’s IDS filed on May 13, 2024) (Hereafter, Ahn), and further in view of Liu et al. (USPN 12,261,794).
Regarding claim 1, Shrivastava discloses a first network node for wireless communication (Shrivastava, Fig. 5, base station; paragraph [0002], wireless communication systems), comprising:
at least one memory; and at least one processor coupled to the at least one memory, wherein the at least one processor (Shrivastava, Fig. 5, base station; paragraph [0126], memory and processor) is configured to:
broadcast a cell acquisition subframe (Shrivastava, paragraph [0021], SI change and/or MCCH change notification is provided through reserved sub-frames carrying PDCCH/DCI, where the subframes comprise SIB information; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS); paragraph [0111], broadcast system information) in accordance with a first periodicity associated with a first broadcast communication protocol, wherein a system information block in the cell acquisition subframe indicates a pattern to be applied to transmission of one or more subsequent cell acquisition subframes in accordance with the first broadcast communication protocol (Shrivastava, paragraph [0004], 3GPP networks; paragraph [0021], change notification is provided through reserved sub-frames carrying PDCCH, where the subframes comprise SIB information; paragraph [0025], MCCHs are configured by parameters in SystemInformationBlockType13, including repetition coefficient, radio frame offset, SI modification period. CAS sub-frame is repeated every 40 msec. SI change notification occasions are spaced at multiples of 40 msec apart; paragraph [0028], CAS subframe occurs every 40 ms, notification Offset is configured as multiples of 40 ms to align with CAS sub-frame; paragraph [0085], System Information Block (SIB) Information; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS); paragraph [0111], broadcast in the system information); and
broadcast, in accordance with the first broadcast communication protocol, the one or more subsequent cell acquisition subframes (Shrivastava, paragraph [0004], 3GPP networks; paragraph [0025], CAS is repeated every 40 ms; paragraph [0092], notification carried in multiple of 40 ms; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS); paragraph [0111], broadcast in the system information).
Shrivastava does not explicitly disclose wherein a system information block in the cell acquisition subframe indicates a muting pattern to be applied to transmission of one or more subsequent cell acquisition subframes in accordance with the first broadcast communication protocol, and wherein the muting pattern indicates a second periodicity for broadcasting the one or more subsequent cell acquisition subframes, wherein the second periodicity is different than the first periodicity; and broadcast, in accordance with the first broadcast communication protocol and in accordance with the second periodicity indicated by the muting pattern, the one or more subsequent cell acquisition subframes.
Ahn discloses the a muting pattern to be applied to transmission of one or more subsequent cell acquisition subframes, the muting pattern indicates a pattern for broadcasting the one or more subsequent cell acquisition subframes, wherein the muting pattern is different than the first periodicity; and broadcast, in accordance with the muting pattern, the one or more subsequent cell acquisition subframes. (Ahn, Figs. 1-3; page 5, column 1, Method 2, produce a period of muted MSPs where ATSC frames are available for transmission).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Ahn to Shrivastava, so that the ATSC frame and CAS subframes do not interfere with each other, in order to enable highly flexible use of resources and empower the network to become more productive (see Ahn, page 3, column 2, lines 30-40)).
The combination of Shrivastava and Ahn does not explicitly disclose that a system information block in the cell acquisition subframe indicates a muting pattern, the muting pattern indicates a second periodicity for broadcasting the one or more subsequent cell acquisition subframes, wherein the second periodicity is different than the first periodicity; and broadcast, in accordance with the second periodicity indicated by the muting pattern.
Liu discloses that a system information block in the cell acquisition subframe indicates a muting pattern, the muting pattern indicates a second periodicity for broadcasting the one or more subsequent cell acquisition subframes, wherein the second periodicity is different than the first periodicity; and broadcast, in accordance with the second periodicity indicated by the muting pattern, the one or more subsequent cell acquisition subframes. (Liu, column 2, lines 20-28, allocating muting resources to detect SSBs transmitted from adjacent IAB nodes. As used herein, a "muting resource" refers to a resource in the time and frequency domain on which an IAB node terminates its originally scheduled reference signals 25 (e.g., synchronization signal (SS) and Physical Broadcast Channel (PBCH) blocks; column 18, lines 25-44, muting resources configuration information can be transmitted from an existing system information block, muting resource configuration information comprises a muting periodicity).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Liu to the combination of Shrivastava and Ahn, in order to enable highly flexible use of resources and empower the network to become more productive (see Ahn, page 3, column 2, lines 30-40)).
Regarding claim 2, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein, to broadcast the one or more subsequent cell acquisition subframes, the at least one processor is configured to: broadcast the one or more subsequent cell acquisition subframes during a subset of time resources from a set of time resources in accordance with the pattern (Shrivastava, paragraph [0004], 3GPP networks; paragraph [0025], MCCHs are configured by parameters in SystemInformationBlockType13, including repetition coefficient, radio frame offset, SI modification period; CAS is repeated every 40 ms; paragraph [0092], notification carried in multiple of 40 ms; paragraph [0111], broadcast in the system information; paragraph [0092], SI modification is transmitted int eh PDCCH region of the Cell Acquisition Subframe (CAS)), and wherein the pattern cancels transmission of scheduled cell acquisition subframes during one or more sets of time resources (Shrivastava, paragraph [0028], CAS subframe occurs every 40 ms; paragraph [0111], broadcast in the system information; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS)).
The combination of Shrivastava and Liu does not explicitly disclose to broadcast the one or more subsequent cell acquisition subframes in accordance with a muting pattern.
Ahn discloses broadcast the one or more subsequent cell acquisition subframes in accordance with a muting pattern (Ahn, Figs. 1-3; page 5, column 1, Method 2, produce a period of muted MSPs where ATSC frames are available for transmission).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Ahn to Shrivastava, so that the ATSC frame and CAS subframes do not interfere with each other, in order to enable highly flexible use of resources and empower the network to become more productive (see Ahn, page 3, column 2, lines 30-40)).
Regarding claim 3, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein the at least one processor is further configured to: refrain from transmission of any communications in accordance with the first broadcast communication protocol during a second subset of time resources of the set of time resources in accordance with the muting pattern (Shrivastava, paragraph [0052], data inactivity period).
Regarding claim 4, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein the at least one processor is further configured to: transmit one or more data messages in accordance with the first broadcast communication protocol during a second subset of time resources of the set of time resources in accordance with the muting pattern (Shrivastava, paragraph [0003], MBMS data; paragraph p0025], CAS sub-frame multiples of 40 msec apart [and the remaining sub-frame are not CAS subframes]).
Regarding claim 5, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein the at least one processor is further configured to: refrain from transmission of scheduled cell acquisition subframes, multicast control channel messages, or multicast scheduling information messages in accordance with the first broadcast communication protocol during t a second subset of time resources of the set of time resources in accordance with the muting pattern (Shrivastava, paragraph p0025], CAS sub-frame multiples of 40 msec apart [and the remaining sub-frame are not CAS subframes])).
Regarding claim 7, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein the cell acquisition subframe that indicates the muting pattern is an anchor cell acquisition subframe (Shrivastava, paragraph [0004], 3GPP networks; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS) carried in multiple of 40 ms; paragraph [0111], broadcast in the system information; the Examiner interprets that an “anchor” CAS is a CAS that indicates system information modification information).
Regarding claim 8, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein the anchor cell acquisition subframe is based on a configuration of the first network node (Shrivastava, paragraph [0019], common notification configuration message from a network).
Regarding claim 9, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein the one or more subsequent cell acquisition subframes are indicated via the anchor cell acquisition subframe (Shrivastava, paragraph [0004], 3GPP networks; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS) carried in multiple of 40 ms; paragraph [0111], broadcast in the system information; the Examiner interprets that an “anchor” CAS is a CAS that indicates system information modification information).
Regarding claim 10, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein the one or more subsequent cell acquisition subframes are associated with the anchor cell acquisition subframe (Shrivastava, paragraph [0004], 3GPP networks; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS) carried in multiple of 40 ms; paragraph [0111], broadcast in the system information; the Examiner interprets that an “anchor” CAS is a CAS that indicates system information modification information).
Regarding claim 11, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein the at least one processor is further configured to: apply a scrambling sequence to the cell acquisition subframe, wherein the scrambling sequence is associated with time or frequency resources allocated for the cell acquisition subframe in accordance with the first broadcast communication protocol (Shrivastava, paragraph [0019], SI change notification scrambled with MBMS-RNTI).
The combination of Shrivastava and Ahn and Liu does not explicitly disclose time or frequency resources allocated for the cell acquisition subframe in accordance with the first broadcast communication protocol being multiplexed, shared or overlapped with time or frequency resources allocated in accordance with a second broadcast communication protocol.
Ahn discloses time or frequency resources allocated for the cell acquisition subframe in accordance with the first broadcast communication protocol being multiplexed, shared or overlapped with time or frequency resources allocated in accordance with a second broadcast communication protocol (Ahn, Figs. 1-3; page 3, column 2, third full paragraph, time sharing transmission between ATSC and 5G over the same frequency bandwidth).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Ahn to Shrivastava, so that the ATSC frame and CAS subframes do not interfere with each other, in order to enable highly flexible use of resources and empower the network to become more productive (see Ahn, page 3, column 2, lines 30-40)).
Regarding claim 12, Shrivastava discloses a first network node for wireless communication (Shrivastava, Fig. 4, UE; paragraph [0002], wireless communication systems), comprising:
at least one memory; and at least one processor coupled to the at least one memory, wherein the at least one processor (Shrivastava, Fig. 4, UE; paragraph [0126], memory and processor) is configured to:
receive a cell acquisition subframe (Shrivastava, paragraph [0021], change notification is provided through reserved sub-frames carrying PDCCH, where the subframes comprise SIB information; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS); paragraph [0111], broadcast in the system information) in accordance with a first periodicity associated with a first broadcast communication protocol (Shrivastava, paragraph [0004], 3GPP networks), wherein a system information block in the cell acquisition subframe indicates a pattern to be applied to transmission of one or more subsequent cell acquisition subframes (Shrivastava, paragraph [0021], change notification is provided through reserved sub-frames carrying PDCCH, where the subframes comprise SIB information; paragraph [0025], MCCHs are configured by parameters in SystemInformationBlockType13, including repetition coefficient, radio frame offset, SI modification period; paragraph [0028], CAS subframe occurs every 40 ms; paragraph [0085], System Information Block (SIB) Information; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS); paragraph [0111], broadcast in the system information) in accordance with the first broadcast communication protocol (Shrivastava, paragraph [0004], 3GPP networks); and
decode the cell acquisition subframe indicting the muting pattern to be applied to transmission of the one or more subsequent cell acquisition subframes in accordance with the first broadcast communication protocol (Shrivastava, paragraph [0016], decoding the updated information); and
receive the one or more subsequent cell acquisition subframes in accordance with the first broadcast communication protocol, based on the decoded cell acquisition subframe (Shrivastava, paragraph [0004], 3GPP networks; paragraph [0025], CAS is repeated every 40 ms; paragraph [0092], notification carried in multiple of 40 ms; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS); paragraph [0111], broadcast in the system information).
Shrivastava does not explicitly disclose wherein a system information block in the cell acquisition subframe indicates a muting pattern to be applied to transmission of one or more subsequent cell acquisition subframes in accordance with the first broadcast communication protocol, and wherein the muting pattern indicates a second periodicity for broadcasting the one or more subsequent cell acquisition subframes, wherein the second periodicity is different than the first periodicity; and receive the one or more subsequent cell acquisition subframes in accordance with the first broadcast communication protocol and in accordance with the second periodicity indicated by the muting pattern.
Ahn discloses the a muting pattern to be applied to transmission of one or more subsequent cell acquisition subframes, the muting pattern indicates a pattern for broadcasting the one or more subsequent cell acquisition subframes, wherein the muting pattern is different than the first periodicity; and receive the one or more subsequent cell acquisition subframes in accordance with the muting pattern (Ahn, Figs. 1-3; page 5, column 1, Method 2, produce a period of muted MSPs where ATSC frames are available for transmission).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Ahn to Shrivastava, so that the ATSC frame and CAS subframes do not interfere with each other, in order to enable highly flexible use of resources and empower the network to become more productive (see Ahn, page 3, column 2, lines 30-40)).
The combination of Shrivastava and Ahn does not explicitly disclose that a system information block in the cell acquisition subframe indicates a muting pattern, the muting pattern indicates a second periodicity for broadcasting the one or more subsequent cell acquisition subframes, wherein the second periodicity is different than the first periodicity; and receive the one or more subsequent cell acquisition subframes in accordance in accordance with the second periodicity indicated by the muting pattern.
Liu discloses that a system information block in the cell acquisition subframe indicates a muting pattern, the muting pattern indicates a second periodicity for broadcasting the one or more subsequent cell acquisition subframes, wherein the second periodicity is different than the first periodicity; and receive the one or more subsequent cell acquisition subframes in accordance in accordance with the second periodicity indicated by the muting pattern. (Liu, column 2, lines 20-28, allocating muting resources to detect SSBs transmitted from adjacent IAB nodes. As used herein, a "muting resource" refers to a resource in the time and frequency domain on which an IAB node terminates its originally scheduled reference signals 25 (e.g., synchronization signal (SS) and Physical Broadcast Channel (PBCH) blocks; column 18, lines 25-44, muting resources configuration information can be transmitted from an existing system information block, muting resource configuration information comprises a muting periodicity).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Liu to the combination of Shrivastava and Ahn, so that the ATSC frame and CAS subframes do not interfere with each other, in order to enable highly flexible use of resources and empower the network to become more productive (see Ahn, page 3, column 2, lines 30-40)).
Claim 13 rejected under substantially the same rationale as claims 2.
Claim 14 rejected under substantially the same rationale as claims 3.
Claim 15 rejected under substantially the same rationale as claims 4.
Claim 16 rejected under substantially the same rationale as claims 5.
Claim 19 rejected under substantially the same rationale as claims 7.
Claim 20 rejected under substantially the same rationale as claims 8.
Claim 22 rejected under substantially the same rationale as claims 9.
Claim 22 rejected under substantially the same rationale as claims 10.
Regarding claim 24, the combination of Shrivastava and Ahn and Liu, particularly Shrivastava discloses wherein the cell acquisition subframe is received from a second network node (Shrivastava, Fig. 5, base station; paragraph [0021], SI change and/or MCCH change notification is provided through reserved sub-frames carrying PDCCH/DCI, where the subframes comprise SIB information), and wherein the at least one processor is further configured to: receive, from a third network node [newly reselected cell], one or more additional cell acquisition subframes in accordance with the muting pattern applied to transmission of the one or more subsequent cell acquisition subframes in accordance with the first broadcast communication protocol (Shrivastava, Figs. 10 A, B, C; paragraph [0114], UE, after reselecting to a new cell, continues availing MBMS service from dedicated MBMS carrier).
Claim 25 rejected under substantially the same rationale as claims 11.
Regarding claim 26, the combination of Shrivastava and Ahn and Liu, particularly Ahn discloses wherein the cell acquisition subframe is received from a second network node, and wherein the at least one processor is further configured to: receive, from a third network node, one or more signals in accordance with a second broadcast communication protocol, where a duration between the cell acquisition subframe and the one or more signals is based on a time threshold (Ahn, Figs. 1-3; page 4, column 2, last paragraph, the indication min_time_to_next keeps the ATSC terminal idle for the 5G broadcast; page 5, column 1, first paragraph, min_time_to_next equal to the MSP).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Ahn to Shrivastava, so that the ATSC frame and CAS subframes do not interfere with each other, in order to enable highly flexible use of resources and empower the network to become more productive (see Ahn, page 3, column 2, lines 30-40)).
Regarding claim 27, the combination of Shrivastava and Ahn and Liu, particularly Ahn discloses wherein the time threshold is based on a configuration of the first network node (Ahn, Figs. 1-3; page 4, column 2, last paragraph, the indication min_time_to_next keeps the ATSC terminal idle for the 5G broadcast; page 5, column 1, first paragraph, min_time_to_next equal to the MSP).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Ahn to Shrivastava, so that the ATSC frame and CAS subframes do not interfere with each other, in order to enable highly flexible use of resources and empower the network to become more productive (see Ahn, page 3, column 2, lines 30-40)).
Regarding claim 28, the combination of Shrivastava and Ahn and Liu, particularly Ahn wherein the one or more signals indicate a presence or absence of one or more additional cell acquisition subframes communicated in accordance with the first broadcast communication protocol during one or more time resources, one or more frequency resources, or both (Ahn, Figs. 1-3; page 13, column 2, last full paragraph, detect the bootstrap signal of the broadcast frame for channel acquisition and synchronization.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Ahn to Shrivastava, so that the ATSC frame and CAS subframes do not interfere with each other, in order to enable highly flexible use of resources and empower the network to become more productive (see Ahn, page 3, column 2, lines 30-40)).
Claim 29 rejected under substantially the same rationale as claims 1.
Claim 30 rejected under substantially the same rationale as claims 12.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Catovic et al. (US 2021/0007049) discloses, in paragraph [0040], call acquisition subframe of a broadcast transmission; paragraph [0046], system information and/or control information transmitted via cell acquisition subframe (CAS) of the dedicated MBMS carrier; paragraph [0062], CAS may be transmitted periodically, e.g. once every 40 ms; paragraph [0072], MIB modification period of 40 ms and SIB modification period of 160 ms; paragraph [0078], MCCH change notification occasions may be transmitted during CAS; paragraph [0087], system information schedule may correspond to the transmission of system information via the broadcast channel the system information schedule may correspond to the CAS.
Yang et al. (US 20220264524) discloses a network device sends, on an MBMS-dedicated carrier, a signal for a terminal device to access the MBMS-dedicated carrier to the terminal device; and the network device sends a first physical broadcast channel to the terminal device in a plurality of cell acquisition subframes, where a time interval between every two adjacent cell acquisition subframes in the plurality of cell acquisition subframes is greater than or equal to 30 ms, the plurality of cell acquisition subframes in which the first physical broadcast channel is sent include at least one first cell acquisition subframe.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Un Cho can be reached at (571) 272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.L.L/ Examiner, Art Unit 2413
/UN C CHO/ Supervisory Patent Examiner, Art Unit 2413
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