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. 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 CN202010526455.2 was received on 05/02/23.
Response to Arguments/Amendments
2. Regarding the prior art rejection of the independent claims, the Applicant’s arguments have been fully considered, but are not persuasive. The Applicant argues that the prior art, Tang (US 20200214027 A1), does not teach the amended claim language. Specifically, the Applicant argues that Tang does not teach “determining… a second identifier… corresponding to a remainder obtained by dividing the numerical value by a total number of the one or more frequency ranges”. The Applicant acknowledge that Tang discloses the division, but argues that the division that Tang discloses is non-numeric (essentially, categorical or conceptual division).
The Examiner makes three points. First, the Examiner points out that numeric division is not claimed. The claim language requires “determining… a[n]… identifier… corresponding to a remainder obtained by dividing the numerical value”. The claim language does not state “a remainder obtained by numerically [sic] dividing”. An example of non numeric division that would satisfy this language: imagine a group of 10 fruit—4 apples, 3 oranges, 2 pears, and 1 melon. If you divide the group of fruit by whether they grow on trees, you are left with a remainder of the one melon. This fits all of the claim language, and is not numeric division.
Second, while the Applicant’s view of Tang as disclosing non-numerical interpretation is valid, it is not the only possible view. Tang clearly discloses this process of division as being part of a formula (see cited paragraphs [0062 – 0064], which is definitionally numerical division. The Examiner reads Tang as teaching both types.
Third, the claim language requires determining an identifier “corresponding to” the remainder of the division, rather than the identifier “being” or “identical to” the remainder itself. Even if the division of Tang were determined to be non-numeric, Tang would still satisfy the claims because of the “corresponding to” language. Essentially, the Examiner understands this wording as not requiring the actual division to happen, only that there is a determination that aligns with what the division would support.
The Applicant’s arguments are therefore persuasive, and rejected.
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.
3. Claim(s) 1, 3 – 5, 8 – 10, 12 – 16, and 18 – 23 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (US 20200214027 A1).
Regarding claim 1, Tang discloses subject matter relating to frequency configuration. Specifically, Tang discloses a data transmission method, performed by a terminal (terminal; see paragraph [0048]), comprising:
receiving, by the terminal, target information sent by a network side device, wherein the target information is used to indicate one or more frequency ranges for transmitting target data by the terminal (terminal receives control information, which can include transmission information, and uses this to determine frequency; see paragraphs [0048 – 0070] and Fig. 2) ; and
selecting, by the terminal, a frequency range from the one or more frequency ranges (frequency band is selected and used; see paragraphs [0071 – 0072] and Fig. 2)
transmitting, by the terminal, the target data within the frequency range (data transmission with selected band; see paragraphs [0071 – 0072] and Fig. 2)
wherein selecting, by the terminal, the frequency range from the one or more frequency ranges comprises (frequency band is selected and used; see paragraphs [0071 – 0072] and Fig. 2):
determining, by the terminal, a numerical value corresponding to a first identifier, wherein the first identifier is an identifier of the terminal (frequency range for UE can be determined using a division result and can be specific to particular UEs (i.e. identifier of the terminal); see paragraphs [0058 - 0059]);
determining, by the terminal, a second identifier of a frequency range corresponding to a remainder obtained by dividing the numerical value by a total number of the one or more frequency ranges (mapping relationship used to select frequency ranges can be a formula; see paragraphs [0062 – 0064]; frequency range can be determined using a numerical division result; see paragraph [0058] in conjunction with previous citations); and
selecting, by the terminal from the one or more frequency ranges, the frequency range corresponding to the second identifier (mapping relationship used to select frequency ranges can be a formula; see paragraphs [0062 – 0064]; frequency range can be determined using a division result; see paragraph [0058])
Tang does not explicitly disclose the specific division by value corresponding to a UE identifier.
However, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Tang by performing the explicit calculation claimed. One of ordinary skill in the art would have found it obvious to do so, as this is a standard way to split groups equally, by using the remainder of a modulo division operation. Doing so would roughly equally split the UEs among the frequency bands, optimizing resource usage. Tang also implies this, in paragraph [0059]. Further, the claim would have been obvious because the substitution of one known element for another, yielding predictable results, has been determined by the Supreme Court (see KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007)) to be obvious to one of ordinary skill in the art at the time of the invention.
Regarding claims 3, 15, and 18, Tang discloses the subject matter of the parent claim(s). Tang further discloses
corresponding frequency range selection information is configured for each of the frequency ranges, and the corresponding frequency range selection information comprises at least one of the following: a numerical value range, a data type, a service access type, or access control information (mapping relationship between transmission information and frequency band(s), and can be e.g. table or formula (numerical value range/AC information); see paragraphs [0053] and [0062 – 0064]); and
a correspondence between the frequency ranges and the corresponding frequency range selection information is determined in a manner configured by the network side device or stipulated by a protocol (mapping relationship can be received from network; see paragraphs [0062 - 0063])
Regarding claims 4 and 19, Tang discloses the subject matter of the parent claim(s). Tang further discloses wherein the selecting, by the terminal, the frequency range from the one or more frequency ranges comprises at least one of the following:
determining, by the terminal, a first numerical value range, and selecting, from the one or more frequency ranges, the frequency range corresponding to the first numerical value range (mapping relationship between transmission information and frequency band(s) is used to determine frequency, and can be e.g. table or formula (numerical value range); see paragraphs [0053] and [0062 – 0064]); and
when a data type sent or received by the terminal is a first data type, selecting, from the one or more frequency ranges, the frequency range corresponding to the first data type; or
when a service access type sent or received by the terminal is a first service access type, selecting, from the one or more frequency ranges, the frequency range corresponding to the first service access type.
Regarding claim 5, Tang discloses the subject matter of the parent claim(s). Tang further discloses wherein the selecting, by the terminal, the frequency range from the one or more frequency ranges comprises:
when access control information corresponding to a first frequency range indicates that the terminal without a specified data type or without a specified service access type is allowed to select the first frequency range as an operating frequency of the terminal, the terminal is allowed to select the first frequency range when no data type or no service access type is specified; or
when the access control information corresponding to the first frequency range indicates that a terminal without a specified data type or without a specified service access type is not allowed to select the first frequency range as the operating frequency of the terminal, the terminal cannot select the first frequency range (mapping relationship is used to determine allowed/not allowed frequency, (i.e. is access control information); see paragraphs [0053] and [0062 – 0064]; the Examiner notes that there is no specification of a data type/ access service type in the relevant portion of the prior art); or
when the access control information corresponding to the first frequency range indicates that a terminal with a specified data type or with a specified service access type is allowed to select the first frequency range as the operating frequency of the terminal, a terminal with a specified data type or with a specified service access type is allowed to select the first frequency range when no data type or no service access type is specified; or
when the access control information corresponding to the first frequency range indicates that a terminal with a specified data type or with a specified service access type is not allowed to select the first frequency range as the operating frequency of the terminal, a terminal with a specified data type or with a specified service access type cannot select the first frequency range
Regarding claims 8 and 21, Tang discloses the subject matter of the parent claim(s). Tang further discloses wherein the data type comprises at least one of the following:
a data bearer type, a data bearer identifier, a data flow identifier, a data session identifier, a cell group identifier corresponding to data, a data capacity, or a priority of a logical channel corresponding to the data (the Examiner notes that the limitation at issue (“data type”) is entirely directed towards a single, non-selected conditional limitation of the parent claim, claim 3. Therefore no further art citations are needed for the rejection).
Regarding claims 9 and 22, Tang discloses the subject matter of the parent claim(s). Tang further discloses wherein the service access type comprises at least one of the following: an access category or an access identity (the Examiner notes that the limitation at issue (“service access type”) is entirely directed towards a single, non-selected conditional limitation of the parent claim, claim 3. Therefore no further art citations are needed for the rejection).
Regarding claims 10 and 23, Tang discloses the subject matter of the parent claim(s). Tang further discloses
after the terminal transmits the target data in the frequency range, changing, by the terminal, a current frequency range from the frequency range to another frequency range (terminal changes frequency range; see paragraphs [0048 – 0074] and Fig. 2; the Examiner notes that it is clear in context that this procedure happens on an ongoing basis—i.e. can be performed after having been previously performed)
Regarding claim 12, Tang discloses a data transmission method, comprising:
configuring, by a network side device, target information, wherein the target information is used to indicate one or more frequency ranges for transmitting target data by a terminal (terminal receives control information, which can include transmission information, and uses this to determine frequency; see paragraphs [0048 – 0070] and Fig. 2) ;
sending, by the network side device, the target information to the terminal (data transmission with selected band; see paragraphs [0071 – 0072] and Fig. 2)
wherein a frequency range for transmitting the target data is selected from the one or more frequency ranges by the terminal at least by (frequency band is selected and used; see paragraphs [0071 – 0072] and Fig. 2):
determining, by the terminal, a numerical value corresponding to a first identifier, wherein the first identifier is an identifier of the terminal (frequency range for UE can be determined using a division result and can be specific to particular UEs (i.e. identifier of the terminal); see paragraphs [0058 - 0059]);
determining, by the terminal, a second identifier of a frequency range corresponding to a remainder obtained by dividing the numerical value by a total number of the one or more frequency ranges (mapping relationship used to select frequency ranges can be a formula; see paragraphs [0062 – 0064]; frequency range can be determined using a numerical division result; see paragraph [0058] in conjunction with previous citations); and
selecting, by the terminal from the one or more frequency ranges, the frequency range corresponding to the second identifier (mapping relationship used to select frequency ranges can be a formula; see paragraphs [0062 – 0064]; frequency range can be determined using a division result; see paragraph [0058])
Tang does not explicitly disclose the specific division by value corresponding to a UE identifier.
However, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Tang by performing the explicit calculation claimed. One of ordinary skill in the art would have found it obvious to do so, as this is a standard way to split groups equally, by using the remainder of a modulo division operation. Doing so would roughly equally split the UEs among the frequency bands, optimizing resource usage. Tang also implies this, in paragraph [0059]. Further, the claim would have been obvious because the substitution of one known element for another, yielding predictable results, has been determined by the Supreme Court (see KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007)) to be obvious to one of ordinary skill in the art at the time of the invention.
Regarding claim 13, Tang discloses the subject matter of the parent claim(s). Tang further discloses wherein the target information comprises at least one of the following:
an identifier of the frequency range, frequency channel number information of the frequency range, bandwidth information of the frequency range, frequency start position of the frequency range, frequency end position of the frequency range, an identifier of a physical resource block of the frequency range, an identifier of a physical resource block quantity of the frequency range, or frequency offset information of the frequency range. (information can include e.g. BWP ID or formula or table; see paragraphs [0054] and [0063 – 0064])
Regarding claim 14, Tang discloses the subject matter of the parent claim(s). Tang further discloses wherein the sending, by the network side device, the target information to the terminal comprises:
indicating, by the network side device, the target information to the terminal through at least one of system information, a radio resource control (RRC) message, or downlink control information (DCI) (DCI; see paragraphs [0051] and [0056])
Regarding claim 16, Tang discloses a terminal (terminal; see paragraph [0048]), comprising:
a memory storing a computer program (see Fig. 6); and
a processor coupled to the memory and configured to execute the computer program, wherein the computer program, when executed by the processor, causes the processor to perform operations comprising (see Fig. 6):
receiving, by the terminal, target information sent by a network side device, wherein the target information is used to indicate one or more frequency ranges for transmitting target data by the terminal (terminal receives control information, which can include transmission information, and uses this to determine frequency; see paragraphs [0048 – 0070] and Fig. 2) ;
selecting, by the terminal, a frequency range from the one or more frequency ranges (frequency band is selected and used; see paragraphs [0071 – 0072] and Fig. 2)
transmitting, by the terminal, the target data within the frequency range (data transmission with selected band; see paragraphs [0071 – 0072] and Fig. 2)
wherein selecting, by the terminal, the frequency range from the one or more frequency ranges comprises (frequency band is selected and used; see paragraphs [0071 – 0072] and Fig. 2):
determining, by the terminal, a numerical value corresponding to a first identifier, wherein the first identifier is an identifier of the terminal (frequency range for UE can be determined using a division result and can be specific to particular UEs (i.e. identifier of the terminal); see paragraphs [0058 - 0059]);
determining, by the terminal, a second identifier of a frequency range corresponding to a remainder obtained by dividing the numerical value by a total number of the one or more frequency ranges (mapping relationship used to select frequency ranges can be a formula; see paragraphs [0062 – 0064]; frequency range can be determined using a numerical division result; see paragraph [0058] in conjunction with previous citations); and
selecting, by the terminal from the one or more frequency ranges, the frequency range corresponding to the second identifier (mapping relationship used to select frequency ranges can be a formula; see paragraphs [0062 – 0064]; frequency range can be determined using a division result; see paragraph [0058])
Tang does not explicitly disclose the specific division by value corresponding to a UE identifier.
However, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the disclosure of Tang by performing the explicit calculation claimed. One of ordinary skill in the art would have found it obvious to do so, as this is a standard way to split groups equally, by using the remainder of a modulo division operation. Doing so would roughly equally split the UEs among the frequency bands, optimizing resource usage. Tang also implies this, in paragraph [0059]. Further, the claim would have been obvious because the substitution of one known element for another, yielding predictable results, has been determined by the Supreme Court (see KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007)) to be obvious to one of ordinary skill in the art at the time of the invention.
Regarding claim 20, Tang discloses a network side device, comprising a processor, a memory, and a program or instructions stored in the memory and executable on the processor, wherein when the program or instructions are executed by the processor, the steps of the data transmission method according to claim 12 are implemented (see Fig. 7)
4. Claim(s) 11 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Tang (US 20200214027 A1) in view of Chaturvedi (US 20210144561 A1)
Regarding claims 11 and 24, Tang discloses the subject matter of the parent claim(s). Tang does not explicitly disclose the limitations of claims 11 and 24.
Chaturvedi discloses subject matter relating to frequency provisioning. Specifically, Chaturvedi discloses further comprising:
determining, by the terminal in a manner configured by a network side or stipulated by a protocol, a frequency priority corresponding to each frequency range (frequency/priority combinations are received for plurality of cells; see paragraph [0013])
determining, by the terminal, a priority of cell selection or reselection based on the frequency priority corresponding to each frequency range, wherein different cells have different frequency ranges range (priority of reselection is determined per cell; see paragraph [0013]; the Examiner understands in context that the cells have different priorities, as otherwise it would be superfluous)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to combine the disclosure of Tang with Chaturvedi by incorporating priorities in the cell selection process. One of ordinary skill in the art would have done so, as this is well known, and allows for preferencing optimal cells. Further, doing so would have been a use of a technique known in the art to improve a similar device, with predictable results, which has been determined by the Supreme Court to be obvious (see KSR Int'l Co. v. Teleflex, Inc., 550 U.S. 398 (2007)).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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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.
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/S.S./Examiner, Art Unit 2464
/RICKY Q NGO/Supervisory Patent Examiner, Art Unit 2464