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. Claims 1-20 are pending. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites the limitation "used by the UE" in line 15. There is insufficient antecedent basis for this limitation in the claim as there are multiple groups of UEs and potentially multiple UEs within each group of UEs . Claim 1 3 recites the limitation "used by the UE" in line 15. There is insufficient antecedent basis for this limitation in the claim as there are multiple groups of UEs and potentially multiple UEs within each group of UEs . Claims 13-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. A “network node” requires a collection of parts/structure to perform the functions that are claimed (i.e. processor, memory, etc …). These parts/structure are omitted from the claim language. Claim Rejections - 35 USC § 103 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 ( i.e., changing from AIA to pre-AIA ) 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1 -5 , 8 -17 , 20 are rejected under 35 U.S.C. 103 as being unpatentable over Karimli et al. (US# 2020/0178334 hereinafter referred to as Karimli ) in view of Takeda et al. (US# 2016/0242158 hereinafter referred to as Takeda) . RE Claim 1 , Karimli discloses A method performed by a network node in a communications system for handling resources in a frequency spectrum of the communications system ( See Karimli FIGs 1-2D; [0039], [0041], [0043] ) , the method comprising: categorizing the communication resources into a plurality of congestion level groups, wherein each congestion level group in the plurality of congestion level groups is associated with a number of User Equipment's, UE ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – allocating resources based on numbers of UEs (i.e. # of 4G users, # of 5G users) ) , in a cell sharing the resources ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – dynamically sharing resources in a cell ) , wherein the resources categorized in a first congestion level group are shared by a higher number of UE's than in a second congestion level group ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – wherein one group has a higher number of UEs than the other group ) ; assigning the categorized resources to different parts of the frequency spectrum ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – allocating different parts of the frequency spectrum to each group/user (i.e. FIGs 2A-2D) ) , wherein the first congestion level group is assigned to a first part of the frequency spectrum and the resources categorized in the second congestion level group are assigned to a second part of the spectrum ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – i.e. 5G users are assigned first part of frequency spectrum and 4G users are assigned a second part of the frequency spectrum ) ; and determining that the resources categorized in the first congestion level group and assigned to the first part of the frequency spectrum should be used by the UE prior to using the resources categorized in the second congestion level group and assigned to the second part of the frequency spectrum ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – i.e. 5G users used assigned first part of frequency spectrum before using 4G assigned resources ) . Karimli does not specifically disclose the resources being Physical Uplink Control Channel , PUCCH , resources; or wherein the second part is closer to center of the spectrum than the first part . However, Takeda teaches dynamically allocating PUCCH resources based on congestion level ( See Takeda [0100] ). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the communication system handling resources, as disclosed in Karimli , wherein the resources are PUCCH resources, as taught in Takeda. One is motivated as such in order to better carry out uplink transmissions while different communication modes are performed ( See Takeda [0001]-[0011] ). Karimli , modified by Takeda, does not specifically disclose wherein the second part is closer to center of the spectrum than the first part . However, since Karimli teaches that both the second part and the first part are both part of the assigned frequency spectrum ( See Karimli FIGs 2A-2D – F 1 – F N -> F M – any of F 1 through F M can be any part of the frequency spectrum ), having the second part assigned to the part of the frequency spectrum that is closer to the center of the spectrum than the first part would be an obvious matter of design choice within the skill of the art. In re Launder, 42 CCPA 886, 222 F.2d 371, 105 USPQ 446 (1955); Flour City Architectural Metals v. Alpana Aluminum Products, Inc., 454 F. 2d 98, 172 USPQ 341 (8th Cir. 1972); National Connector Corp. v. Malco Manufacturing Co., 392 F.2d 766. 157 USPQ 401 (8th Cir.) cert. denied, 393 U.S. 923, 159 USPQ 799 (1968). RE Claim 2 , Karimli , modified by Takeda, discloses a method, as set forth in claim 1 above, comprising: determining, based on a UE priority, a number of PUCCH resources per set of PUCCH resources from each congestion level group of the plurality of congestion level groups to be used by the UE ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – number of resources per group are determined based in part based on the priority of the UEs (i.e. 5G vs 4G) ) . RE Claim 3 , Karimli , modified by Takeda, discloses a method, as set forth in claim 1 above, wherein the categorizing the PUCCH resources into a plurality of congestion level groups is performed any time, at cell setup or at a first time using any of the first congestion level group and the second congestion level group ( See Karimli [0019] – i.e. dynamically, at any time (which includes cell setup or first time using) ) . RE Claim 4 , Karimli , modified by Takeda, discloses a method, as set forth in claim 1 above, wherein the assigning the PUCCH resources categorized to the frequency spectrum are performed any time, at cell setup or at a first time using any of the first congestion level group and the second congestion level group ( See Karimli [0019] – i.e. dynamically, at any time (which includes cell setup or first time using) ) . RE Claim 5 , Karimli , modified by Takeda, discloses a method, as set forth in claim 2 above, wherein the determining, based on the UE priority ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – number of resources per group are determined based in part based on the priority of the UEs (i.e. 5G vs 4G) ) , a number of PUCCH resources per set of PUCCH resources from each congestion level group of the plurality of congestion level groups to be used by the UE is performed any time or at UE setup ( See Karimli [0019] – i.e. dynamically, at any time (which includes cell setup or first time using) ) . RE Claim 8 , Karimli , modified by Takeda, discloses a method, as set forth in claim 2 above, wherein a first number of PUCCH resources is determined to be used by the UE when it has a first UE priority, and wherein a second number of PUCCH resources is determined to be used by the UE when it has a second UE priority, wherein the first number is higher than the second number, and the first UE priority is higher than the second UE priority ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – number of resources per group are determined based in part based on the priority of the UEs (i.e. 5G vs 4G); more resources are allocated (i.e. dynamically) to higher priority group of UEs ) . RE Claim 9 , Karimli , modified by Takeda, discloses a method, as set forth in claim 2 above, wherein the UE priority is associated with a Quality of Service, QoS, class of the UE ( See Karimli [0029] – priority associated with QoS ) . RE Claim 10 , Karimli , modified by Takeda, discloses a method, as set forth in claim 1 above, wherein the PUCCH resources are associated with PUCCH Hybrid Automatic Repeat Request Acknowledgement, HARQ ACK or associated with Semi-Persistent Channel State Information, SP CSI ( See Takeda [0007] – PUCCH – ACK signals ) . RE Claim 11 , Karimli , modified by Takeda, discloses a method, as set forth in claim 2 above, wherein the determining, based on the UE priority, a number of PUCCH resources per set of PUCCH resources from each congestion level group of the plurality of congestion level groups to be used by the UE ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – number of resources per group are determined based in part based on the priority of the UEs (i.e. 5G vs 4G) ) is performed for each UE that is connected to or reconfigured in the cell ( See Karimli [0019] – i.e. dynamically, at any time (which includes cell setup or first time using) ) . RE Claim 12 , Karimli , modified by Takeda, discloses a method, as set forth in claim 1 above, wherein the network node is a base station, an access node, a radio access node or a next generation Node B, gNodeB ( See Karimli FIGs 1; [0039], [0041], [0043] – i.e. base station ) . RE Claim 13 , Karimli discloses a network node in a communications system for handling resources in a frequency spectrum of the communications system ( See Karimli FIGs 1-2D; [0039], [0041], [0043] ) , the network node being configured to : categoriz e the communication resources into a plurality of congestion level groups, wherein each congestion level group in the plurality of congestion level groups is associated with a number of User Equipment's, UE ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – allocating resources based on numbers of UEs (i.e. # of 4G users, # of 5G users) ) , in a cell sharing the resources ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – dynamically sharing resources in a cell ) , wherein the resources categorized in a first congestion level group are shared by a higher number of UE's than in a second congestion level group ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – wherein one group has a higher number of UEs than the other group ) ; assign the categorized resources to different parts of the frequency spectrum ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – allocating different parts of the frequency spectrum to each group/user (i.e. FIGs 2A-2D) ) , wherein the first congestion level group is assigned to a first part of the frequency spectrum and the resources categorized in the second congestion level group are assigned to a second part of the spectrum ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – i.e. 5G users are assigned first part of frequency spectrum and 4G users are assigned a second part of the frequency spectrum ) ; and determin e that the resources categorized in the first congestion level group and assigned to the first part of the frequency spectrum should be used by the UE prior to using the resources categorized in the second congestion level group and assigned to the second part of the frequency spectrum ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – i.e. 5G users used assigned first part of frequency spectrum before using 4G assigned resources ) . Karimli does not specifically disclose the resources being Physical Uplink Control Channel , PUCCH , resources; or wherein the second part is closer to center of the spectrum than the first part . However, Takeda teaches dynamically allocating PUCCH resources based on congestion level ( See Takeda [0100] ). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the communication system handling resources, as disclosed in Karimli , wherein the resources are PUCCH resources, as taught in Takeda. One is motivated as such in order to better carry out uplink transmissions while different communication modes are performed ( See Takeda [0001]-[0011] ). Karimli , modified by Takeda, does not specifically disclose wherein the second part is closer to center of the spectrum than the first part . However, since Karimli teaches that both the second part and the first part are both part of the assigned frequency spectrum ( See Karimli FIGs 2A-2D – F 1 – F N -> F M – any of F 1 through F M can be any part of the frequency spectrum ), having the second part assigned to the part of the frequency spectrum that is closer to the center of the spectrum than the first part would be an obvious matter of design choice within the skill of the art. In re Launder, 42 CCPA 886, 222 F.2d 371, 105 USPQ 446 (1955); Flour City Architectural Metals v. Alpana Aluminum Products, Inc., 454 F. 2d 98, 172 USPQ 341 (8th Cir. 1972); National Connector Corp. v. Malco Manufacturing Co., 392 F.2d 766. 157 USPQ 401 (8th Cir.) cert. denied, 393 U.S. 923, 159 USPQ 799 (1968). RE Claim 14 , Karimli , modified by Takeda, discloses a network node, as set forth in claim 13 above, configured to : determin e , based on a UE priority, a number of PUCCH resources per set of PUCCH resources from each congestion level group of the plurality of congestion level groups to be used by the UE ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – number of resources per group are determined based in part based on the priority of the UEs (i.e. 5G vs 4G) ) . RE Claim 15 , Karimli , modified by Takeda, discloses a network node, as set forth in claim 13 above, configured to categorize the PUCCH resources into a plurality of congestion level groups is performed any time, at cell setup or at a first time using any of the first congestion level group and the second congestion level group ( See Karimli [0019] – i.e. dynamically, at any time (which includes cell setup or first time using) ) . RE Claim 16 , Karimli , modified by Takeda, discloses a network node , as set forth in claim 1 3 above, configured to assign the PUCCH resources categorized to the frequency spectrum are performed any time, at cell setup or at a first time using any of the first congestion level group and the second congestion level group ( See Karimli [0019] – i.e. dynamically, at any time (which includes cell setup or first time using) ) . RE Claim 17 , Karimli , modified by Takeda, discloses a network node , as set forth in claim 14 above, configured to determine , based on the UE priority ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – number of resources per group are determined based in part based on the priority of the UEs (i.e. 5G vs 4G) ) , a number of PUCCH resources per set of PUCCH resources from each congestion level group of the plurality of congestion level groups to be used by the UE is performed any time or at UE setup ( See Karimli [0019] – i.e. dynamically, at any time (which includes cell setup or first time using) ) . RE Claim 20 , Karimli , modified by Takeda, discloses a network node, as set forth in claim 14 above, wherein a first number of PUCCH resources is determined to be used by the UE when it has a first UE priority, and wherein a second number of PUCCH resources is determined to be used by the UE when it has a second UE priority, wherein the first number is higher than the second number, and the first UE priority is higher than the second UE priority ( See Karimli FIGs 1-2D; [0039], [0041], [0043] – number of resources per group are determined based in part based on the priority of the UEs (i.e. 5G vs 4G); more resources are allocated (i.e. dynamically) to higher priority group of UEs ) . Claims 6-7 , 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Karimli et al. (US# 2020/0178334 hereinafter referred to as Karimli ) in view of Takeda et al. (US# 2016/0242158 hereinafter referred to as Takeda) and Basu Mallick et al. (US# 2019/0253531 hereinafter referred to as Basu) . RE Claim 6 , Karimli , modified by Takeda, discloses a method, as set forth in claim 1 above, wherein the assigning the PUCCH resources categorized to different parts of the frequency spectrum comprises: assigning a first frequency resource to the PUCCH resources categorized in the first congestion level group ( See Karimli FIGs 1-2D ) ; and assigning a second frequency resource to the PUCCH resources categorized in the second congestion level group ( See Karimli FIGs 1-2D ) . Karimli , modified by Takeda, does not specifically disclose wherein the assigning the PUCCH resources categorized to different parts of the frequency spectrum comprises: assigning a first Physical Resource Block, PRB, index or a first set of PRB index to the PUCCH resources categorized in the first congestion level group; and assigning a second PRB index or a second set of PRB index to the PUCCH resources categorized in the second congestion level group (emphasis added) . However Basu teaches of wherein the assigning the PUCCH resources categorized to different parts of the frequency spectrum comprises: assigning a first Physical Resource Block, PRB, index or a first set of PRB index to the PUCCH resources categorized in the first congestion level group ( See Basu [0096], [0098] – allocating partitioned resources (i.e. UL BWP; specific PRB index/es) to UE for PUCCH ) ; and assigning a second PRB index or a second set of PRB index to the PUCCH resources categorized in the second congestion level group ( See Basu [0096], [0098] – allocating other partitioned resources (i.e. UL BWP; specific PRB index/es) to other UE s for PUCCH ). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the communication system handling resources, as disclosed in Karimli , modified by Takeda. One is motivated as such in order to improve wireless transmission by indicating BWPs to use for the UEs ( See Basu Background; Summary ). RE Claim 7 , Karimli , modified by Takeda and Basu, discloses a method, as set forth in claim 6 above wherein the first PRB index and the first set of PRB index are lower than the second PRB and the second set of PRB index ( See Basu [0098] – lowest PRB index for highe r priority ( i.e first group is higher priority) ) . RE Claim 18 , Karimli , modified by Takeda, discloses a network node, as set forth in claim 13 above, configured to assign the PUCCH resources categorized to different parts of the frequency spectrum by : assigning a first frequency resource to the PUCCH resources categorized in the first congestion level group ( See Karimli FIGs 1-2D ) ; and assigning a second frequency resource to the PUCCH resources categorized in the second congestion level group ( See Karimli FIGs 1-2D ) . Karimli , modified by Takeda, does not specifically disclose wherein the assigning the PUCCH resources categorized to different parts of the frequency spectrum comprises: assigning a first Physical Resource Block, PRB, index or a first set of PRB index to the PUCCH resources categorized in the first congestion level group; and assigning a second PRB index or a second set of PRB index to the PUCCH resources categorized in the second congestion level group (emphasis added) . However Basu teaches of wherein the assigning the PUCCH resources categorized to different parts of the frequency spectrum comprises: assigning a first Physical Resource Block, PRB, index or a first set of PRB index to the PUCCH resources categorized in the first congestion level group ( See Basu [0096], [0098] – allocating partitioned resources (i.e. UL BWP; specific PRB index/es) to UE for PUCCH ) ; and assigning a second PRB index or a second set of PRB index to the PUCCH resources categorized in the second congestion level group ( See Basu [0096], [0098] – allocating other partitioned resources (i.e. UL BWP; specific PRB index/es) to other UE s for PUCCH ). It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the communication system handling resources, as disclosed in Karimli , modified by Takeda. One is motivated as such in order to improve wireless transmission by indicating BWPs to use for the UEs ( See Basu Background; Summary ). RE Claim 19 , Karimli , modified by Takeda and Basu, discloses a network node, as set forth in claim 18 above wherein the first PRB index and the first set of PRB index are lower than the second PRB and the second set of PRB index ( See Basu [0098] – lowest PRB index for higher priority ( i.e first group is higher priority) ) . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Steve R Young whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7518 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 9am-5pm . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, FILLIN "SPE Name?" \* MERGEFORMAT Chirag G Shah can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-3144 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /STEVE R YOUNG/ Primary Examiner, Art Unit 2477