Prosecution Insights
Last updated: May 04, 2026
Application No. 18/272,056

Technique for Operating in Spectrum Not Aligned with Channel Bandwidth of a Radio Access Technology

Non-Final OA §103
Filed
Jul 12, 2023
Priority
Jan 15, 2021 — provisional 63/138,271 +2 more
Examiner
JAIN, SWATI
Art Unit
2649
Tech Center
2600 — Communications
Assignee
Telefonaktiebolaget Lm Ericsson (Publ)
OA Round
2 (Non-Final)
84%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
97 granted / 116 resolved
+21.6% vs TC avg
Strong +26% interview lift
Without
With
+25.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
27 currently pending
Career history
143
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
74.8%
+34.8% vs TC avg
§102
15.2%
-24.8% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 116 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s arguments, see pages 6-9, filed December 15, 2025, with respect to the rejection(s) of claim(s) 60-79 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of different interpretation of the previously applied references and new prior art as presented in this Office action. Applicant’s arguments with respect to claim(s) 60-79 are therefore moot. 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 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. Claim(s) 60-79 are rejected under 35 U.S.C. 103 as being unpatentable over US 20180092103 A1 (Gurney) in view of US 20180288643 A1 (Schmidt et al.) (hereinafter Schmidt) in view of Huawei et al., Motivation for new WI on introduction of brand-new channel bandwidths for NR, 3GPP TSG RAN Meeting #88e, Electronic Meeting, June 29-July 3, 2020, RP-200609, pp. 1-4 (hereinafter Huawei) and in further view of Apple: Views on adding new Channel Bandwidths for NR bands, 3GPP RAN WG4 Meeting #92bis, R4-1911519, pp. 1-4, 14-18th October 2019 (hereinafter Apple). In re claim 60, Gurney discloses a method implemented by a user equipment (UE) (Fig. 7:706, [0016], “The method includes receiving a frequency resource allocation request from a communication device”) of operating a UE in a block bandwidth within a channel bandwidth of a radio access technology (RAT) for radio access to a radio access network (base station) (Fig. 6:608, Fig. 8: 814, [0016], “a method of assigning a frequency resource allocation to a communication device”. [0038], “In some cases, the incumbent receiver may only occupy a portion of the band or channel (such as a weather satellite receiver that utilizes a 2 MHz portion of a 10 MHz LTE channel). The incumbent device 708 (in FIG. 7) should in general be protected from both in-band and out-of-band interference (relative to the incumbent receiver pass-band) ...At block 602, the resource scheduler 172 determines the user equipment model during the attachment or connection initiation procedure of the user equipment with the base station 102. At block 608, the resource scheduler 172 determines band specific out-of-band emission requirements, or interference protection requirements for the other spectrum users...The requirements in general represent a maximum allowed interference level, typically specified at several frequencies. At block 610, the resource scheduler 172 determines a channel assignment within a frequency band 201 (in FIG. 2) and any incumbent device resource block (or channel) assignments of concern” (excluding the receiver passband of the "incumbent" or other spectrum users), the method comprising: transmitting a capability message indicative of whether the UE is capable of fulfilling a limit within the channel bandwidth of the RAT on radio emissions (Fig. 6:614, “Receive communications device out-of-band emission performance data") outside of the block bandwidth when transmitting in the block bandwidth (Fig.6: 608, “specific out of band emission requirements”); and receiving, from a base station in the RAN, a scheduling message indicative of radio resources scheduled by the base station depending on the capability indicated by the capability message (Fig 6: 616, 618), wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth. Gurney does not explicitly disclose transmitting a capability message indicative of whether the UE is capable of fulfilling a limit within the channel bandwidth of the RAT on radio emissions outside of the block bandwidth when transmitting in the block bandwidth. Schmidt discloses transmitting a capability message indicative of whether the UE is capable of fulfilling a limit within the channel bandwidth of the RAT on radio emissions outside of the block bandwidth when transmitting in the block bandwidth (Fig. 1-2, [0011], “In case the MME doesn't have a valid set of UE capabilities, the base station (eNodeB) may choose to acquire the capabilities from the mobile device directly using the UE CAPABILITY ENQUIRY message of FIG. 2. This message may contain a list of those RATs for which the UE is requested to transfer its radio access capabilities. In response to it, the UE CAPABILITY INFORMATION message is used to transfer the requested radio access capabilities of the UE to the base station (eNodeB)”. [0012], “The UTRAN may issue a capability enquiry message to a UE which responds with an indication as to whether the UE supports flexible bandwidth UMTS carriers and in which frequency bands”. [0006], “Spectrum allocations across the world show a large variety of non-standard spectrum block sizes (e.g. 1.8, 2.0, 2.2, 4.4, 4.6, 6, 6.2, 7.8, 7.0, 8.0, 11, 14, 18, 19 MHz), which makes it difficult for 3GPP to address this problem by defining new standardized nominal LTE bandwidth sizes. Furthermore, the alternative to utilize carrier aggregation (a new feature in LTE introduced in 3GPP Rel-10) within a non-standard block size would still not fully utilize the available spectrum (except in special cases), and it would require the addition of many new band combinations in the LTE specifications. A further drawback with carrier aggregation is the fact that only 90% of the channel bandwidth may effectively be used for data transmissions due to the presence of guard bands that are an inherent part of each carrier's spectrum at both edges of the respective frequency range”. [0007], “Therefore, in order to increase the spectrum utilization in these non-standard spectrum blocks, there is a need to define a generic radio framework that maximizes the spectrum utilization under a known but arbitrary spectrum block size larger than 1.4 MHz and smaller than 20 MHz An example of such a non-standard spectrum block (here: a frequency range of 6 MHz Channel Bandwidth for the downlink) is depicted in FIG. 1”. [0027], “In the following new fields for inclusion into the UE's list of capabilities are described. In the scope of the present invention the so-called UE-SUTRA-Capability information element, IE, as described in section 6.3.6 of 3GPP TS 36.331 is of relevance. This IE is used to convey the E-UTRA UE Radio Access Capability Parameters (see TS 36.306), and the Feature Group Indicators for mandatory features (see Annexes B.1 and C.1 in TS 36.331) to the network” (sending UE capability through the information element)). [0034], “The embodiment provides the field “FlexBwSupportList” with up to “max” entries (one for each E-UTRA frequency band) used to specify a UE's flexible bandwidth capabilities. A further field “FlexBwSupport” comprises a set of flexible bandwidth parameters per E-UTRA frequency band. The field “bandEUTRA” may be used to specify the E-UTRA frequency band in question. The field “Expansion” is a parameter used to indicate whether the UE is able to expand the respective E-UTRA frequency band in order to form non-standard spectrum block sizes…” (UE transmitting capability information to the base station if it supports flexible bandwidths outside in the nonstandard spectrum blocks)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gurney with Schmidt to provide a technique for a user equipment (UE) operating in an orthogonal frequency division multiplexed, OFDM, communication system to signal that it is capable of operating at a radio bandwidth other than one predefined according to an OFDM communication standard for the system based on the interference emission threshold. The advantage of doing so is efficient spectrum sharing, re-allocations, re-banding, and re-purposing for sensitive incumbent services for example, military radar systems, fixed satellite receivers, etc. having narrowly-defined spectral masks and requiring protection from harmful interferences. Gurney and Schmidt do not explicitly disclose receiving, from a base station in the RAN, a scheduling message indicative of radio resources scheduled by the base station depending on the capability indicated by the capability message, wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth. Huawei discloses receiving, from a base station in the RAN, a scheduling message indicative of radio resources scheduled by the base station depending on the capability indicated by the capability message (Section 2, Fig. 1: Approach 1, “avoid scheduling decision” (a UE operating in a block bandwidth (i.e. 27.5 MHz) within a channel bandwidth (i.e. 30 MHz), wherein the UE receives from a base station a scheduling message indicative of radio resources scheduled by the base station in the block bandwidth)), wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth (Fig. 5, Page 1, Approach 4, “Use intra band CA”, Page 3, section 3, overlapping downlink CA, lines 1-4, “By overlapping downlink CA to support irregular spectrum, no new channel bandwidth will be introduced for both UE and BS. The existing channel bandwidth will be re-used for each CC and by partially overlapping the CCs we can fit the aggregated RF signals into the irregular spectrum” (the UE fulfils a limit on radio emissions outside of the block bandwidth when transmitting in the block bandwidth, since the two RF chains associated with the two component carriers (CCs) already fulfil this limit at the edges common to the edges of the block bandwidth and are re-used, the out of band RF requirements can be directly re-used, such as out of band emission and out of band blocking)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gurney and Schmidt with Huawei to provide a technique for assigning the frequency resource allocation to the communication device such that it operates in an out of standard frequency band within the communication channel frequency range based on the interference emission threshold. The advantage of doing so is efficient spectrum sharing, re-allocations, re-banding, and re-purposing for sensitive incumbent services for example, military radar systems, fixed satellite receivers, etc. having narrowly-defined spectral masks and requiring protection from harmful interferences. Gurney, Schmidt and Huawei do not explicitly disclose wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth. Apple discloses wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth (Fig. 1, Page 2, proposal 4, lines 1-5, “a UE operating in a block bandwidth (i.e. 7 MHz) within a channel bandwidth (i.e. the 10 MHz CBW), wherein the UE receives from a base station a scheduling message indicative of radio resources scheduled by the base station in the block bandwidth...just use the resource blocks in the middle leaving 1.5MHz of the 10MHz unused on either side. This can be done by restricting the RB allocation". Page 3, Observation 5, “In-band emissions of a 7MHz wide signal into the 1.5MHz at both ends of' a 10MHz wide carrier are tighter than the SEM within these 1.5MHz, so using a 10MHz CBW for a 7MHz wide spectrum will not violate emissions” (discloses limiting power on an unused portion of the channel bandwidth in which the UE is operating)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gurney, Schmidt, Huawei and Apple to provide a technique for assigning the frequency resource allocation to the communication device such that it operates in a communication channel within the frequency range based on the interference emission threshold. The advantage of doing so is efficient spectrum sharing, re-allocations, re-banding, and re-purposing for sensitive incumbent services for example, military radar systems, fixed satellite receivers, etc. having narrowly-defined spectral masks and requiring protection from harmful interferences. In re claim 61, the combination discloses the method of claim 60, wherein Apple discloses wherein all radio resources in the block bandwidth are separated from edges of the block bandwidth by guard bands (Fig. 1, Page 2, Proposal 4, “Using the same guard bands for 7MHz as they have been specified for 10MHz would mean to use the center 35/15 RBs for 15/30kHz subcarrier spacing as the Transmit Bandwidth out of the 52/24 RBs that are allowed as Transmit Bandwidth Configuration for 10MHz NR CBW. This can be seen in figure 1”). In re claim 62, the combination discloses the method of claim 60, wherein Huawei discloses wherein the blanked bandwidth outside of the block bandwidth and/or the guard bands framing the scheduled radio resources within the block bandwidth are unscheduled radio resources in the channel bandwidth (Fig. 3). In re claim 63, the combination discloses the method of claim 60, wherein Huawei discloses wherein the channel bandwidth is selectable from a discrete set of channel bandwidths of the RAT (Page 1, Table 1, “Bandwidths which is multiple of 5MHz”). In re claim 64, the combination discloses the method of claim 60, wherein Huawei discloses wherein the block bandwidth is different from all channel bandwidths selectable according to the RAT or in the discrete set (Fig. 5, Page 3, “Spectrum utilization with brand new channel bandwidth or guard band on the edges”). In re claim 65, the combination discloses the method of claim 60, wherein Huawei discloses wherein the channel bandwidth is the smallest channel bandwidth comprising the block bandwidth among the channel bandwidths selectable according to the RAT or in the discrete set (section 2: Fig. 4). In re claim 66, the combination discloses the method of claim 60, wherein Huawei discloses wherein the block bandwidth is smaller than each of the channel bandwidths selectable according to the RAT or in the discrete set (See “In re claim 65”. Block bandwidth is the smallest channel bandwidth out of the selectable bandwidths). In re claim 67, the combination discloses the method of claim 66, wherein the scheduled radio resources are in another channel bandwidth not comprising the block bandwidth, if the capability message is indicative of the UE being capable of fulfilling the limit on radio emissions outside of the block bandwidth (See “In re claim 60”. All features are covered in claim 60). In re claim 68, the combination discloses the method of claim 60, wherein Gurney discloses wherein at least one of: a transmission scheduled by the scheduling message is an uplink transmission from the UE to the base station; and the method further comprised or initiates the step of transmitting on the schedule radio resources (Fig. 2, [0019], “The resource scheduler 172 may function to allocate or assign uplink frequency resources (or UE traffic resource blocks) in accordance with embodiments disclosed herein”. [0020], “The resource scheduler 172 is configured to assign communication frequency resources such as starting resource block position, resource block allocation (or size), and optionally additional maximum power reduction (AMPR) based on interference levels (for example, out-of-band emission (OOBE) requirements for the frequency band 201” (implicitly discloses in Gurney)). In re claim 69, the combination discloses the method of claim 60, wherein Gurney discloses the method further comprising or initiating: receiving, from the base station at the UE, a configuration message indicative of at least one of the block bandwidths and the blanked bandwidth (Fig. 4:460). In re claim 70, the combination discloses the method of claim 69, wherein Gurney discloses wherein the configuration message is indicative of a carrier bandwidth in the block bandwidth for at least one of an uplink, a downlink, and a sidelink and/or a size of the block bandwidth ([0019], “In other embodiments, the resource scheduler 172 may alternatively or in addition assign downlink frequency resources”). In re claim 71, the combination discloses the method of claim 69, wherein Huawei discloses wherein the configuration message is indicative of at least one of a number of radio resources scheduled or schedulable in the block bandwidth and a number of radio resources excluded from being scheduled or schedulable in the blanked bandwidth (section 2, Fig. 1). In re claim 72, the combination discloses the method of claim 69, wherein Apple discloses the method further comprising or initiating: applying a power reduction in the block bandwidth to fulfill the limit responsive to or based on the configuration message (Fig. 4: 440, [0020], “The resource scheduler 172 is configured to assign communication frequency resources such as starting resource block position, resource block allocation (or size), and optionally additional maximum power reduction (AMPR) based on interference levels (for example, out-of-band emission (OOBE) requirements for the frequency band 201 (in FIG. 2) or tolerable incumbent device interference), and ensures that the communication devices 110, 120, 130 and 140 can successfully operate in the frequency band 201 (in FIG. 2) without causing undue interference”). In re claim 73, the combination discloses the method of claim 60, wherein Huawei discloses wherein the block bandwidth comprises a carrier allocated to the UE for a supplementary uplink (SUL), to the base station (Page 1, section 2, Approach 2, “Use the larger downlink and/or uplink channel bandwidth than operators licensed Bandwidths”). In re claim 74, the combination discloses the method of claim 60, wherein Gurney discloses wherein the block bandwidth comprises a carrier corresponding to a cell of the base station for dual connectivity (DC), of the UE to the base station ([0018], “The communication system 100 shown in FIG. 1 includes a base station (BS) 102 having a corresponding cell or coverage area 104 over which wireless communication services are provided to one or more communication devices 110”. [0024], “Higher additional maximum power reduction (for example, 3 decibels) may be tolerable in some cases if the communication device 110, 120, 130, 140 is not near the cell edge or edge of the coverage area 104”. [0036], “Additionally, implementing the described techniques may also enable communication devices to operate over larger areas (for example, portions of a cell or coverage area)” (carrier within the block bandwidth may correspond to a cell of the base station for UE connectivity)). In re claim 75, the combination discloses the method of claim 60, wherein Huawei discloses the method further comprising or initiating: receiving, from the base station at the UE, a configuration message indicative of a bandwidth part (BWP), of the channel bandwidth that is configured for the UE within the block bandwidth (Fig. 4). In re claim 76, the combination discloses the method of claim 75, wherein a size of the BWP is the maximum size for a BWP within the block bandwidth (an obvious design variation in the art). In re claim 77, the combination discloses the method of claim 60, wherein Gurney discloses wherein the capability message, or a further message transmitted from the UE to the base station, is further indicative of one or more sizes for the block bandwidth (Fig. 6:614 (design variation implicitly disclosed)). In re claim 78, the combination discloses the method of claim 60, wherein Huawei discloses wherein one or more sizes for the block bandwidth match one or more bandwidth sizes for a total radiated sensitivity or a tracking reference signal (Fig. 1, page 3, section 3, lines 1-4, “By overlapping downlink CA to support irregular spectrum, no new channel bandwidth will be introduce for both UE and BS. The existing channel bandwidth will be re--used for each CC and by partially overlapping the CCs \Ve can fit the aggregated RF signals into the irregular spectrum” (implicitly discloses)). In re claim 79, Gurney discloses a method (Fig. 6) implemented by a base station (“base station 102”), [0016], “a method of assigning a frequency resource allocation to a communication device”) of scheduling a UE operating in a block bandwidth within a channel bandwidth of a radio access technology (RAT), for radio access to a radio access network (RAN) (Fig. 6:608, Fig. 8: 814, [0016], “a method of assigning a frequency resource allocation to a communication device”. [0038], “In some cases, the incumbent receiver may only occupy a portion of the band or channel (such as a weather satellite receiver that utilizes a 2 MHz portion of a 10 MHz LTE channel). The incumbent device 708 (in FIG. 7) should in general be protected from both in-band and out-of-band interference (relative to the incumbent receiver pass-band) ...At block 602, the resource scheduler 172 determines the user equipment model during the attachment or connection initiation procedure of the user equipment with the base station 102. At block 608, the resource scheduler 172 determines band specific out-of-band emission requirements, or interference protection requirements for the other spectrum users...The requirements in general represent a maximum allowed interference level, typically specified at several frequencies. At block 610, the resource scheduler 172 determines a channel assignment within a frequency band 201 (in FIG. 2) and any incumbent device resource block (or channel) assignments of concern” (excluding the receiver passband of the "incumbent" or other spectrum users)), the method comprising or initiating: receiving, from the UE, a capability message indicative of whether the UE is capable of fulfilling a limit within the channel bandwidth of the RAT on radio emissions (Fig. 6:614, “Receive communications device out-of-band emission performance data") outside of the block bandwidth when transmitting in the block bandwidth (Fig.6: 608, “specific out of band emission requirements”); and transmitting, to the UE 100, a scheduling message indicative of radio resources scheduled by the RAN depending on the capability indicated by the capability message (Fig 6: 616, 618); and wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth. Gurney does not explicitly disclose receiving, from the UE, a capability message indicative of whether the UE is capable of fulfilling a limit within the channel bandwidth of the RAT on radio emissions outside of the block bandwidth when transmitting in the block bandwidth. Schmidt discloses receiving, from the UE, a capability message indicative of whether the UE is capable of fulfilling a limit within the channel bandwidth of the RAT on radio emissions outside of the block bandwidth when transmitting in the block bandwidth (Fig. 1-2, [0011], “In case the MME doesn't have a valid set of UE capabilities, the base station (eNodeB) may choose to acquire the capabilities from the mobile device directly using the UE CAPABILITY ENQUIRY message of FIG. 2. This message may contain a list of those RATs for which the UE is requested to transfer its radio access capabilities. In response to it, the UE CAPABILITY INFORMATION message is used to transfer the requested radio access capabilities of the UE to the base station (eNodeB)”. [0012], “The UTRAN may issue a capability enquiry message to a UE which responds with an indication as to whether the UE supports flexible bandwidth UMTS carriers and in which frequency bands”. [0006], “Spectrum allocations across the world show a large variety of non-standard spectrum block sizes (e.g. 1.8, 2.0, 2.2, 4.4, 4.6, 6, 6.2, 7.8, 7.0, 8.0, 11, 14, 18, 19 MHz), which makes it difficult for 3GPP to address this problem by defining new standardized nominal LTE bandwidth sizes. Furthermore, the alternative to utilize carrier aggregation (a new feature in LTE introduced in 3GPP Rel-10) within a non-standard block size would still not fully utilize the available spectrum (except in special cases), and it would require the addition of many new band combinations in the LTE specifications. A further drawback with carrier aggregation is the fact that only 90% of the channel bandwidth may effectively be used for data transmissions due to the presence of guard bands that are an inherent part of each carrier's spectrum at both edges of the respective frequency range”. [0007], “Therefore, in order to increase the spectrum utilization in these non-standard spectrum blocks, there is a need to define a generic radio framework that maximizes the spectrum utilization under a known but arbitrary spectrum block size larger than 1.4 MHz and smaller than 20 MHz An example of such a non-standard spectrum block (here: a frequency range of 6 MHz Channel Bandwidth for the downlink) is depicted in FIG. 1”. [0027], “In the following new fields for inclusion into the UE's list of capabilities are described. In the scope of the present invention the so-called UE-SUTRA-Capability information element, IE, as described in section 6.3.6 of 3GPP TS 36.331 is of relevance. This IE is used to convey the E-UTRA UE Radio Access Capability Parameters (see TS 36.306), and the Feature Group Indicators for mandatory features (see Annexes B.1 and C.1 in TS 36.331) to the network” (sending UE capability through the information element)). [0034], “The embodiment provides the field “FlexBwSupportList” with up to “max” entries (one for each E-UTRA frequency band) used to specify a UE's flexible bandwidth capabilities. A further field “FlexBwSupport” comprises a set of flexible bandwidth parameters per E-UTRA frequency band. The field “bandEUTRA” may be used to specify the E-UTRA frequency band in question. The field “Expansion” is a parameter used to indicate whether the UE is able to expand the respective E-UTRA frequency band in order to form non-standard spectrum block sizes…” (UE transmitting capability information to the base station if it supports flexible bandwidths outside in the nonstandard spectrum blocks)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gurney with Schmidt to provide a technique for a user equipment (UE) operating in an orthogonal frequency division multiplexed, OFDM, communication system to signal that it is capable of operating at a radio bandwidth other than one predefined according to an OFDM communication standard for the system based on the interference emission threshold. The advantage of doing so is efficient spectrum sharing, re-allocations, re-banding, and re-purposing for sensitive incumbent services for example, military radar systems, fixed satellite receivers, etc. having narrowly-defined spectral masks and requiring protection from harmful interferences. Gurney and Schmidt do not explicitly disclose transmitting, to the UE 100, a scheduling message indicative of radio resources scheduled by the RAN depending on the capability indicated by the capability message; and wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth. Huawei discloses transmitting to the UE 100, a scheduling message indicative of radio resources scheduled by the RAN, depending on the capability indicated by the capability message (Section 2, Fig. 1: Approach 1, “avoid scheduling decision” (a UE operating in a block bandwidth (i.e. 27.5 MHz) within a channel bandwidth (i.e. 30 MHz), wherein the UE receives from a base station a scheduling message indicative of radio resources scheduled by the base station in the block bandwidth)), wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth (Fig. 5, Page 1, Approach 4, “Use intra band CA”, Page 3, section 3, overlapping downlink CA, lines 1-4, “By overlapping downlink CA to support irregular spectrum, no new channel bandwidth will be introduced for both UE and BS. The existing channel bandwidth will be re-used for each CC and by partially overlapping the CCs we can fit the aggregated RF signals into the irregular spectrum” (the UE fulfils a limit on radio emissions outside of the block bandwidth when transmitting in the block bandwidth, since the two RF chains associated with the two component carriers (CCs) already fulfil this limit at the edges common to the edges of the block bandwidth and are re-used, the out of band RF requirements can be directly re-used, such as out of band emission and out of band blocking)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gurney and Schmidt with Huawei to provide a technique for assigning the frequency resource allocation to the communication device such that it operates in an out of standard frequency band within the communication channel frequency range based on the interference emission threshold. The advantage of doing so is efficient spectrum sharing, re-allocations, re-banding, and re-purposing for sensitive incumbent services for example, military radar systems, fixed satellite receivers, etc. having narrowly-defined spectral masks and requiring protection from harmful interferences. Gurney, Schmidt and Huawei do not explicitly disclose wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth. Apple discloses wherein the limit comprises a power limit on power emitted by the UE in a blanked bandwidth within the channel bandwidth and outside of the block bandwidth when transmitting on the scheduled radio resources or all radio resources in the block bandwidth (Fig. 1, Page 2, proposal 4, lines 1-5, “a UE operating in a block bandwidth (i.e. 7 MHz) within a channel bandwidth (i.e. the 10 MHz CBW), wherein the UE receives from a base station a scheduling message indicative of radio resources scheduled by the base station in the block bandwidth...just use the resource blocks in the middle leaving 1.5MHz of the 10MHz unused on either side. This can be done by restricting the RB allocation". Page 3, Observation 5, “In-band emissions of a 7MHz wide signal into the 1.5MHz at both ends of' a 10MHz wide carrier are tighter than the SEM within these 1.5MHz, so using a 10MHz CBW for a 7MHz wide spectrum will not violate emissions” (discloses limiting power on an unused portion of the channel bandwidth in which the UE is operating)). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gurney, Schmidt, Huawei and Apple to provide a technique for assigning the frequency resource allocation to the communication device such that it operates in a communication channel within the frequency range based on the interference emission threshold. The advantage of doing so is efficient spectrum sharing, re-allocations, re-banding, and re-purposing for sensitive incumbent services for example, military radar systems, fixed satellite receivers, etc. having narrowly-defined spectral masks and requiring protection from harmful interferences. Contact Any inquiry concerning this communication or earlier communications from the examiner should be directed to SWATI JAIN whose telephone number is (571)270-0699. The examiner can normally be reached Mon - Fri (830 am - 530 pm). 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, Pan Yuwen can be reached on 5712727855. 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. /SWATI JAIN/Examiner, Art Unit 2649 /YUWEN PAN/Supervisory Patent Examiner, Art Unit 2649
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Prosecution Timeline

Jul 12, 2023
Application Filed
Sep 14, 2025
Non-Final Rejection — §103
Dec 15, 2025
Response Filed
Mar 26, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

2-3
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+25.9%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 116 resolved cases by this examiner. Grant probability derived from career allowance rate.

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