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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/22/2026 has been entered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 14 is rejected under 35 USC 101 since the claims are directed to non- statutory subject matter. Claim 14 recites “computer storage medium” which appear to cover both transitory and non-transitory embodiments. The United States Patent and Trademark Office (USPTO) is required to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz, 893 F.2d 319 (Fed. Cir. 1989) (during patent examination the pending claims must be interpreted as broadly as their terms reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer readable media (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. § 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. § 101, Aug. 24, 2009; p. 2.
The Examiner suggests that the Applicant add the limitation "non-transitory" to the “computer storage medium” as recited in the claim(s) in order to properly render the claim(s) in statutory form in view of their broadest reasonable interpretation in light of the originally filed specification. Such an amendment would typically not raise the issue of new matter, even when the specification is silent because the broadest reasonable interpretation relies on the ordinary and customary meaning that includes signals per se.
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, 9 – 14, 16, 18 and 20 – 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TSG RAN WG1 Meeting #94 R1-1809219; Title: Initial Access in NR unlicensed; Source: Xiaomi; Agenda Item: 7.2.2.4.2; Document for: Discussion and Decision; Location and Date: Gothenburg, Sweden, August 20-24, 2018, consisting of 5 pages (listed in applicant submitted IDS and listed as D1 in PCT search report), hereinafter Xiaomi in view of Wu et al. US 20180184390 A1, hereinafter Wu.
Regarding claim 1, Xiaomi teaches a method of operating a transmitting radio node in a wireless communication network, the method comprising:
(Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol)
transmitting a first synchronisation signaling instance; and (Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol.)
transmitting a second synchronisation signaling instance, the second synchronisation signaling being shifted relative to the first synchronisation signaling instance. (Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol. – Fig. 2, teaches SSS is fixed, which corresponds to claim limitation “first synchronization signaling”. Xiaomi in Fig. 2 and the cited portion(s) further teaches one of other symbols PBCH is shifted in Cyclic shift#1 of SSB#1; in another scenario, PSS (which corresponds to claim limitation “second synchronization signaling”) is shifted in Cyclic shift#2 of SSB#1. The PSS (“second synchronization signaling”) being shifted relative to SSS (“first synchronization signaling”), which teaches the claimed limitation “the second synchronisation signaling being shifted relative to the first synchronization signaling”)
It is noted that Xiaomi does not explicitly disclose: first synchronisation signaling instance covering a plurality of first allocation units in a synchronisation time interval, each allocation unit of the plurality of first allocation units including a portion of the first synchronization signaling instance; and a second synchronisation signaling instance covering a plurality of second allocation units in the synchronisation time interval, each allocation unit of the plurality of second allocation units including a portion of the second synchronization signaling instance,
However, Wu from the same or similar fields of endeavor teaches the use of: first synchronisation signaling instance (same SSS sequence) covering a plurality of first allocation units (multiple symbols) in a synchronisation time interval, each allocation unit of the plurality of first allocation units including a portion of the first synchronization signaling instance; (Wu: para. [0037] PSS and SSS are either simply repeated or encoded with a spreading pattern over the multiple SBs. Para. [0071-0072] multiple symbols carrying the same SSS sequence with spreading code are expected to boost the signal-to-noise ratio at the detection)
and
a second synchronisation signaling instance covering a plurality of second allocation units (multiple symbols) in the synchronisation time interval, each allocation unit of the plurality of second allocation units including a portion of the second synchronization signaling instance (PSS),
(Wu: para. [0037] PSS and SSS are encoded with a spreading pattern over the multiple SBs. Para. [0056-0057 & 0119] PSS option P2: Short ZC sequence with spreading code. The same short ZC sequence of length 10 as in P1 is used with a spreading code over multiple symbols) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Wu in the method of Xiaomi. One of ordinary skill in the art would be motivated to do so for multiple symbols carrying the same SSS sequence with spreading code are expected to boost the signal-to-noise ratio at the detection (Wu: para. [0071]).
Regarding claim 2, Xiaomi and Wu teach a transmitting radio node for a wireless communication network, the transmitting radio node comprising processing circuitry configured to: (Xiaomi: pages 1-2, 1. Introduction DL and UL and 2. SS/PBCH blocks transmission for NR-U SA where UE can achieve DL synchronization with the network) and Xiaomi and Wu teach all the limitations as discussed in the rejection of claim 1, and therefore apparatus claim 2 is rejected using the same rationales.
Regarding claim 3, Xiaomi teaches a method of operating a receiving radio node in a wireless communication network, the method comprising:
(Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol.)
communicating based on one or both:
received first synchronisation signaling instance; and
(Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol.)
received second synchronisation signaling instance, the second synchronisation signaling instance being shifted relative to the first synchronisation signaling instance.
(Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol. – Fig. 2, teaches SSS is fixed, which corresponds to claim limitation “first synchronization signaling”.
Xiaomi in Fig. 2 and the cited portion(s) further teaches one of other symbols PBCH is shifted in Cyclic shift#1 of SSB#1; in another scenario, PSS (which corresponds to claim limitation “second synchronization signaling”) is shifted in Cyclic shift#2 of SSB#1. The PSS (“second synchronization signaling”) being shifted relative to SSS (“first synchronization signaling”), which teaches the claimed limitation “the second synchronisation signaling being shifted relative to the first synchronization signaling”)
It is noted that Xiaomi does not explicitly disclose: first synchronisation signaling instance covering a plurality of first allocation units in a synchronisation time interval, each allocation unit of the plurality of first allocation units including a portion of the first synchronization signaling instance; and a second synchronisation signaling instance covering a plurality of second allocation units in the synchronisation time interval, each allocation unit of the plurality of second allocation units including a portion of the second synchronization signaling instance.
However, Wu from the same or similar fields of endeavor teaches the use of: first synchronisation signaling instance covering a plurality of first allocation units in a synchronisation time interval, each allocation unit of the plurality of first allocation units including a portion of the first synchronization signaling instance; (Wu: para. [0037] PSS and SSS are either simply repeated or encoded with a spreading pattern over the multiple SBs. Para. [0071-0072] multiple symbols carrying the same SSS sequence with spreading code are expected to boost the signal-to-noise ratio at the detection)
and
a second synchronisation signaling instance covering a plurality of second allocation units in the synchronisation time interval, each allocation unit of the plurality of second allocation units including a portion of the second synchronization signaling instance,
(Wu: para. [0037] PSS and SSS are either simply repeated or encoded with a spreading pattern over the multiple SBs. Para. [0056-0057 & 0119] PSS option P2: Short ZC sequence with spreading code. The same short ZC sequence of length 10 as in P1 is used with a spreading code over multiple symbols) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Wu in the method of Xiaomi. One of ordinary skill in the art would be motivated to do so for multiple symbols carrying the same SSS sequence with spreading code are expected to boost the signal-to-noise ratio at the detection (Wu: para. [0071]).
Regarding claim 4, Xiaomi and Wu teach a receiving radio node for a wireless communication network, the receiving radio node comprising processing circuitry configured to: (Xiaomi: pages 1-2, 1. Introduction DL and UL and 2. SS/PBCH blocks transmission for NR-U SA where UE can achieve DL synchronization with the network) and Xiaomi teaches all the limitations as discussed in the rejection of claim 3, and therefore apparatus claim 4 is rejected using the same rationales.
Regarding claim 5, Xiaomi and Wu teach a method according to claim 1, wherein the second synchronisation signaling instance is shifted in at least one allocation unit. (Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed (corresponds to claimed “first synchronisation signaling") and not shifted. While other symbols (other symbols such as PSS correspond to claimed “second synchronisation signaling") will be shifted around SSS symbol. In particular, Cyclic shift #2 of SSB#1 locates from symbol #8~#12 with transmission of SSS-PBCH-PSS-PBCH. Cyclic shift #3 of SSB#1 locates from symbol #9~#13 with transmission of SSS-PBCH-PSS-PBCH.)
Regarding claim 7, Xiaomi and Wu teach a method according to claim 1, wherein one of both of the first synchronisation signaling instance and the second synchronisation signaling instance comprises one or both primary synchronisation signaling and secondary synchronisation signaling and/or broadcast signaling. (Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed (corresponds to claimed “first synchronisation signaling") and not shifted. While other symbols (other symbols such as PSS correspond to claimed “second synchronisation signaling") will be shifted around SSS symbol. E.g., Cyclic shift #2 of SSB#1 locates from symbol #8~#12 with transmission of SSS-PBCH-PSS-PBCH.)
Regarding claim 9, Xiaomi and Wu teach the method according to claim 1, wherein information content of the first synchronisation signaling instance is the same as information content of the second synchronisation signaling instance. (Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol. – where SSB#1 includes the same synchronization signaling and is relative to SSB#0)
Regarding claim 10, Xiaomi and Wu teach the method or device according to claim 1, wherein the first synchronisation signaling instance and second synchronisation signaling instance are synchronised. (Xiaomi: figure 2, SSS is null-shifted while PSS is cyclically shifted with 1, 2 or 3. Section 2 – SS/PBCH blocks transmission for NR-U SA - From the SSB index and the fixed time location of each SSB, UE can achieve DL synchronization with the network)
Regarding claim 11, Xiaomi and Wu teach the method according to claim 1, wherein for each allocation unit of primary synchronisation signaling of the first synchronisation signaling instance, the second synchronisation signaling instance comprises shifted primary synchronisation signaling. (Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol.)
Regarding claim 12, Xiaomi and Wu teach the method according to claim 1, wherein for each allocation unit of secondary synchronisation signaling of the first synchronisation signaling instance, the second synchronisation signaling instance comprises shifted secondary synchronisation signaling. (Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol.)
Regarding claim 13, Xiaomi and Wu teach a method according to claim 1, wherein for a set of N allocation units carrying typified synchronisation signals, the typified synchronisation signals are shifted with a shift selected from a set of 2N shifts. (Xiaomi: sections 1-3 and figures 2-3, wherein N=4, figure 2 showing 4 cyclic shifts (0 to 3) and figure 3 showing 4 parallel shifts. Page 3 1st paragraph teaches - When LBT is considered, we could increase the SSB positions in a window of one half radio frame with a fixed backup SSB candidates. However, keep the maximum actual transmitted SSB to be fixed as the L in NR. Take the L=8 (where L=8 = 2*(N allocation units, here N = 4)), with 30 kHz SCS as example, the SSB could be transmitted in every subframe. Yet the total number of actual transmitted SSB number should be limited to L.).
Regarding claim 14, Xiaomi and Wu teach a computer storage medium storing computer instructions causing processing circuitry to one or both control and perform a method, the method comprising: (Xiaomi: pages 1-2, 1. Introduction DL and UL and 2. SS/PBCH blocks transmission for NR-U SA where UE can achieve DL synchronization with the network) and Xiaomi and Wu teach all the limitations as discussed in the rejection of claim 1, and therefore CRM claim 14 is rejected using the same rationales.
Regarding claims 16, 18 and 20-21, Xiaomi and Wu teach all the limitations as discussed in the rejection of claims 5, 7 and 9-10, and therefore apparatus claims 16, 18 and 20-21 are rejected using the same rationales.
Claim(s) 6 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiaomi and Wu as applied to claims 1 and 3 above, and further in view of Lei et al. US 20170317816 A1, hereinafter Lei.
Regarding claim 6, Xiaomi and Wu teach the method according to claim 1, wherein the second synchronisation signaling instance is shifted via one or both cyclic shifting (Xiaomi: pages 2-3, 2.3 Increasing SSB transmission opportunities – Fig. 2 and Option 2: cyclic shift of normal SSB. SSS, whose symbol is fixed and not shifted. While other symbols will be shifted around SSS symbol. – Fig. 2, teaches SSS is fixed, which corresponds to claim limitation “first synchronization signaling”. Xiaomi in Fig. 2 and the cited portion(s) further teaches one of other symbols PBCH is shifted in Cyclic shift#1 of SSB#1; in another scenario, PSS (which corresponds to claim limitation “second synchronization signaling”) is shifted in Cyclic shift#2 of SSB#1. The PSS (“second synchronization signaling”) being shifted relative to SSS (“first synchronization signaling”), which teaches the claimed limitation “the second synchronisation signaling being shifted relative to the first synchronization signaling”).
Xiaomi and Wu do not explicitly teaches: wherein the second synchronisation signaling instance ramping.
Lei from the same or similar fields of endeavor teaches the use of: wherein the second synchronisation signaling ramping. (Lei: para. [0094] and Abstract teaches eNB constructs an SSS using a ZC root index, a scrambling code, a cyclic shift or phase ramping sequence, and an interleaving sequence, wherein a combination of the ZC root index, the scrambling code index, the cyclic shift or phase ramping sequence index, and the interleaving sequence index signals information for a cell identifier (e.g., PCID) and frame timing information (e.g., SFN timing information)). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Lei in the method of Xiaomi and Wu. One of ordinary skill in the art would be motivated to do so for allow the eNB to construct a SSS that allows robust detection by a UE of cell ID and frame timing in both synchronized and asynchronized multi-cell deployment (Lei: para. [0009]).
Regarding claim 17, Xiaomi, Wu and Lei teach all the limitations as discussed in the rejection of claim 6, and therefore apparatus claim 17 is rejected using the same rationales.
Allowable Subject Matter
Claims 8 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 and 16-21 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please also see PTO-892.
Han et al. WO 2017119925 A1 teaches generating in the frequency domain and the NB-PSS is spread across multiple symbols in time.
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/WUTCHUNG CHU/ Primary Examiner, Art Unit 2418
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