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 .
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.
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).
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], 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 broadcast communication protocol (Shrivastava, paragraph [0004], 3GPP networks), wherein a system information block the cell acquisition subframe indicates a muting 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 wherein the muting pattern indicates the one or more subsequent cell acquisition subframes will only be transmitted during a subset of time resources of a set of time resources (Shrivastava, paragraph [0025], CAS is repeated every 40 ms; paragraph [0092], change notification carried in multiple of 40 ms; paragraph [0092], SI modification is transmitted in the PDCCH region of the Cell Acquisition Subframe (CAS)); and
broadcast, in accordance with the first broadcast communication protocol and in accordance with the muting pattern, 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 the term muting pattern.
Ahn discloses broadcast the one or more subsequent cell acquisition subframes in accordance with a muting pattern, wherein the modification is the muting pattern, wherein the muting pattern indicates the one or more subsequent cell acquisition subframes will only be transmitted during a subset of time resources of a set of time resources and wherein the muting pattern cancels transmission of scheduled cell acquisition subframes during one or more sets of time resources (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 use a muting pattern in the invention of Shrivastava, The motivation to combine the references would have been to permit ATSC frames to be transmitted.
Regarding claim 2, Shrivastava in view of Ahn discloses the first network node of claim 1, 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 the subset of time resources from the 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)).
Shrivastava does not explicitly disclose the term 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 use a muting pattern in the invention of Shrivastava, The motivation to combine the references would have been to permit ATSC frames to be transmitted.
Regarding claim 3, Shrivastava in view of Ahn discloses the first network node of claim 2, 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) (Ahn, Figs. 1-3; page 5, column 1, Method 2, produce a period of muted MSPs where ATSC frames are available for transmission).
Regarding claim 4, Shrivastava in view of Ahn discloses the first network node of claim 2, 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]) (Ahn, Figs. 1-3; page 5, column 1, Method 2, produce a period of muted MSPs where ATSC frames are available for transmission).
Regarding claim 5, Shrivastava in view of Ahn discloses the first network node of claim 4, 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])) (Ahn, Figs. 1-3; page 5, column 1, Method 2, produce a period of muted MSPs where ATSC frames are available for transmission).
Regarding claim 7, Shrivastava in view of Ahn discloses the first network node of claim 6, 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, Shrivastava in view of Ahn discloses the first network node of claim 7, 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, Shrivastava in view of Ahn discloses the first network node of claim 7, 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, Shrivastava in view of Ahn discloses the first network node of claim 7, 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, Shrivastava in view of Ahn discloses the first network node of claim 1, 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).
Shrivastava does not explicitly disclose 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 use a muting pattern to time multiplex 5G with ATSC, in the invention of Shrivastava. The motivation to combine the references would have been to permit ATSC frames to be transmitted.
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 broadcast communication protocol (Shrivastava, paragraph [0004], 3GPP networks), wherein a system information block the cell acquisition subframe indicates a muting 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 wherein the muting pattern indicates the one or more subsequent cell acquisition subframes will only be transmitted during a subset of time resources of a set of time resources (Shrivastava, 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)); 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, in accordance with the muting pattern, and 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 the term muting pattern.
Ahn discloses broadcast the one or more subsequent cell acquisition subframes in accordance with a muting pattern, wherein the modification is the muting pattern, wherein the muting pattern indicates the one or more subsequent cell acquisition subframes will only be transmitted during a subset of time resources of a set of time resources and wherein the muting pattern cancels transmission of scheduled cell acquisition subframes during one or more sets of time resources (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 use a muting pattern in the invention of Shrivastava, The motivation to combine the references would have been to permit ATSC frames to be transmitted.
Claims 13-16, 19-22 and 25 are rejected under substantially the same rationale as claims 2-5 and 7-11, respectively.
Regarding claim 24, Shrivastava discloses the first network node of claim 12, 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 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).
Regarding claim 26, Shrivastava discloses the first network node of claim 12, wherein the cell acquisition subframe is received from a second network node, and wherein the at least one processor is further configured to: receive.
Shrivastava does not explicitly disclose receive, from a third network node, one or more signals in accordance with a second broadcast communication protocol.
Ahn discloses 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 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, in the invention of Shrivastava. The motivation to combine the references would have been to permit a sufficient duration of ATSC frames to be transmitted.
Regarding claim 27, Shrivastava in view of Ahn discloses the first network node of claim 26, 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).
Regarding claim 28, Shrivastava in view of Ahn discloses the first network node of claim 26, 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.
Claims 29 and 30 are rejected under substantially the same rationale as claims 1 and 12, respectively.
Response to Arguments
Applicant's arguments filed November 24, 2025 have been fully considered but they are not persuasive.
Applicant asserts that the claims are allegedly patentable because Shrivastava’s modification to SI transmission is allegedly only in a PDCCH and not in a SIB. However, this is incorrect. Shrivastava discloses, for example in 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. Shrivastava discloses that a notification of a change may be in a PDCCH, but the changed parameters are not relegated to the PDCCH. THE CAS subframe may include the change notification and may include includes a SIB with parameters.
Applicant further asserts that the claims are allegedly patentable because Shrivastava allegedly does not disclose a muting pattern. However, this is incorrect. Shrivastava in view of Ahn discloses the claim limitations. Shrivastava discloses a muting pattern as defined in claim 1, “muting pattern indicates the one or more subsequent cell acquisition subframes will only be transmitted during a subset of time resources of a set of time resources,” (Shrivastava, paragraph [0025], CAS is repeated every 40 ms). Further, Ahn discloses broadcasting the one or more subsequent cell acquisition subframes in accordance with a muting pattern, wherein the modification is the muting pattern, wherein the muting pattern indicates the one or more subsequent cell acquisition subframes will only be transmitted during a subset of time resources of a set of time resources and wherein the muting pattern cancels transmission of scheduled cell acquisition subframes during one or more sets of time resources (Ahn, Figs. 1-3; page 5, column 1, Method 2, produce a period of muted MSPs where ATSC frames are available for transmission).
Applicant further asserts that the claims are allegedly patentable because Ahn’s muting is allegedly not scheduled by a current MSP and not indicated by a SIB in a cell acquisition subframe. However, the Examiner looks to the primary reference, Shrivastava, for those aspects of the claim.
Applicant further argues that the limitation “will only be transmitted during a subset of time resources of a set of time resources,” somehow narrows the scope of the claim beyond the cited disclosures. However, only being transmitted during a subset of time resources which is a subset of another set of time resources does not distinguish from the cited disclosures.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Catovic et al. (US 2021/0007049)
Regarding claim 1, Catovic discloses a first network node for wireless communication (Catovic, paragraph [0027], wireless communication system includes base stations and UEs), comprising:
a memory; and at least one processor coupled to the memory, wherein the at least one processor (Catovic, Fig. 3, memory and processor) is configured to:
broadcast a cell acquisition subframe (Catovic, 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) in accordance with a first broadcast communication protocol (Catovic, paragraph [0004], 5G, LTE; paragraph [0041], 5G/NR, LTE-A), wherein a system information block 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 the one or more subsequent cell acquisition subframes will only be transmitted during a subset of time resources of a set of time resources (Catovic, 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); and
broadcasting, in accordance with the first broadcast communication protocol, the one or more subsequent cell acquisition subframes (Catovic, 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).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN LOUIS LINDENBAUM whose telephone number is (571)270-3858. The examiner can normally be reached Monday through Friday 9:00 AM to 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nishant Divecha can be reached at (571) 270-3125. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAN L LINDENBAUM/ Examiner, Art Unit 2466
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419