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 .
DETAILED ACTION
1. This communication is response to the application filed 05/23/2024 having
claims 1-30 pending and presented for examination.
Priority
2. Application filed on 04/24/2023 is a CON of PCT/KR2021/014836 10/21/2021
FOREIGN APPLICATIONS KOREA, REPUBLIC OF 10-2020-0138623 10/23/2020 are acknowledged.
Drawings
3. The drawings were received on 04/24/2023 and these drawings are accepted.
4. Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/24/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Oath/Declaration
4. The Oath/Declaration filed on 04/24/2023 is accepted by the examiner.
Claim Rejections - 35 USC § 102
1. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 7, 10 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US Publication US 20170230835 A1 SAFFRE et al. (Hereinafter “SAFFRE ").
As per claim 7, (Currently Amended) SAFFRE teaches a method performed by a base station in a wireless communication system, the method comprising: identifying a number of average control channel elements (CCEs) exceeding a first threshold for the terminals within a first cell (para 0018,0063-0064, determining the average resources elemenets exceeding a first threshold for the terminals within the first a first cell ); allocating resources to a first terminal of the terminals in a second cell, based on the number of average CCEs exceeding the first threshold (para 0018,0063-0064, allocating to neighboring cell based on the initial transmission scheduling intervals or the number of average CCEs exceeding the first threshold); 20170230835 SAFFRE
As per claim 10, (Currently Amended) SAFFRE teaches the method of claim 7, the method further comprising: comprising identifying an uplink CCE fail rate for the terminals within the first cell (para 0063-0064, determines the failed allocation of resources to the first cell ), and wherein the allocating of the resources to the first terminal comprises performing resource allocation to the first terminal in the second cell, when the uplink CCE fail rate exceeds a second threshold (para 0063-0064, allocating of the resources to the first terminal comprises performing resource allocation to the first terminal in the second cell, when the uplink CCE fail rate exceeds a second threshold).
Allowable Subject Matter
Claim 1 is allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 7 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Prior arts made of record, not relied upon: US Patent Publication US 20190342832 A1; US Patent Publication US 20190378561 A1, US Patent Publication US 20190342832 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANEZ EBRAHIM whose telephone number is (571)270-7153. The examiner can normally be reached on M-F 8 AM to 5 PM If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hassan Phillips can be reached on (571) 272-3940. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANEZ C EBRAHIM/Primary Examiner, Art Unit 2467
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