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 .
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.
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 inventor 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.
Claims 17-19 are under 35 U.S.C. 103 as being unpatentable over by Hu in view of Latheef et al. (2022/0038968).
For claims 17-19, Hu et al. (2022/0124799) discloses a method comprising: receiving, by a processor of a user equipment (UE), a signaling from a network; and performing, by the processor(See paragraph 0049 lines 1-15), a measurement outside a downlink (DL) subband while the UE is not allowed to receive any signaling outside the DL subband of one or more partitioned slots or symbols ( See paragraph 0049 , 0129 lines 1-2, paragraphs 0085 lines 1-6 and 0118 lines 1-8), wherein the signaling configures a resource in one or more partitioned slots or symbols outside the DL subband, and wherein the performing of the measurement comprises performing a UE- to-UE cross link interference (UE-UE CLI) measurement in the configured resource (See paragraph 0097 lines 1-2), and wherein the performing of the measurement comprises performing a channel state information reference signal (CSI-RS) measurement ( See paragraph 0050 lines 1-9 and paragraph 0084 lines 1-8).
For claims 17-19, Hu et al. discloses all the subject matter of the claimed invention with the exception of physical downlink control channel (PDCCH),
downlink shared channel (PDSCH), or channel status information reference signal (CSI- RS) outside the DL subband in a communications network. Latheef et al. from the same or similar fields of endeavor teach a provision of physical downlink control channel (PDCCH), physical downlink shared channel (PDSCH), or channel status information reference signal (CSI-RS) outside the DL subband ( See paragraph 0475 lines 7-26). Thus, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to use physical downlink control channel (PDCCH), physical downlink shared channel (PDSCH), or channel status information reference signal (CSI-RS) outside the DL subband as taught by Latheef et al. in the communications network of Hu et al. for the purpose of using physical downlink control channel (PDCCH), physical downlink shared channel (PDSCH), or channel status information reference signal (CSI-RS) outside the DL subband.
Claims 1-16 and 20 are allowed.
Applicants’ arguments with respect to claims 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.
Applicants’ amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicants are 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.
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/DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476
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