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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/20/2026 has been entered.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1, 3-4, 9-12, 17-19, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng et al. (CN 112449424 A), hereinafter Zheng in view of Liu, Xiao-feng (CN 111867080 B) and Wang et al. (CN 111432349 A), hereinafter Wang.
Re. Claim 1, Zheng teaches a method for determining a bandwidth part (BWP), performed by a terminal, the method comprising: determining the BWP, wherein a bandwidth of the BWP is larger than or equal to a first threshold value and the first threshold value is a maximum transceiving bandwidth corresponding to a capability of the terminal (Abstract - wherein the bandwidth of the first frequency band is greater than the maximum channel bandwidth supported by the terminal equipment) terminal, and determining a first frequency band in the BWP, wherein a bandwidth of the first frequency band is less than the first threshold value (Pg. 13, Line 10 - if the sum of the transmission bandwidth corresponding to all configured BWP is still less than the system bandwidth, then in the present application, such terminal device can be understood as low bandwidth capability of the terminal device),
Yet, Zheng does not expressly teach wherein the first frequency band is a frequency resource part monitored by the terminal by default, and the frequency band monitored by the terminal by default is a frequency band monitored by the terminal in response to not receiving other frequency band monitoring indication information within a preset duration relative to the last received frequency band monitoring indication information.
However, Liu does explicitly teach wherein the first frequency band is a frequency resource part monitored by the terminal by default (Pg. 3, Line 1 - the indication information represents the target carrier or the target frequency band in the following manner: only the target frequency band is indicated, the target carrier being the default; alternatively, only the target carrier is indicated, and the target band is the default), and the frequency band monitored by the terminal by default is a frequency band monitored by the terminal in response to not receiving other frequency band monitoring indication information within a preset duration relative to the last received frequency band monitoring indication information (Pg. 8, Line 18 - during the validity period, the network device re-executes steps 21 to 23 to update the indication information. & Pg. 6, Line 5 - the validity period of the indication information is preset or configured by signaling. Further preferably, the network device updates the indication information during the validity period).
Yet, Zheng and Liu do not expressly teach in response to a frequency resource required by frequency band monitoring indication information received by the terminal being not located in the first frequency band, determining that a frequency switch is performed based on a first number of time units, wherein any transceiving task is not performed within the first number of time units in the frequency switch process.
However, Wang explicitly teaches in response to a frequency resource required by frequency band monitoring indication information received by the terminal being not located in the first frequency band, determining that a frequency switch is performed based on a first number of time units, wherein any transceiving task is not performed within the first number of time units in the frequency switch process (Pg. 32, Line 14 - if not working on the first BWP before the first time unit and the terminal device, then the first terminal equipment needs to be activated before the first time unit (or switching) the first BWP, first BWP of the activation can refer to activation for the first BWP link communication, i.e. for the first BWP communication between terminal and terminal).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Liu and Wang to the teaching of Zheng. The motivation for such would be to improve quality of transmission via better monitoring practices as Liu provides that a frequency band is monitored by default and is upheld until another band is selected relative to a monitoring indication (Pg. 3, Line 1, Pg 6, Line 5, Liu), and Wang teaches that a frequency switch should occur when a frequency resource that is required is not present in the frequency band (Pg. 32, Line 14, Wang). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 12, Claim 12 pertains to the same method as Claim 1 but refers to a “network side device” rather than a terminal. A network side device is disclosed within Fig. 3 of Zheng, and the remaining limitations of Claim 12 are rejected on the same standards as disclosed within Claim 1.
Re. Claim 22, Claim 22 pertains to the same method as Claim 1 but claims “a terminal device for determining a BWP, comprising: a processor; and a memory for storing instructions executable by the processor”, which is disclosed in Fig. 8 of Zheng. The remaining limitations of Claim 22 are rejected on the same grounds as disclosed within Claim 1.
Re. Claim 23, Claim 23 pertains to the same method as Claim 12 but further claims “a network device for determining a BWP, comprising: a processor; and a memory for storing instructions executable by the processor”, which is disclosed in Fig. 9 of Zheng. The remaining limitations of Claim 23 are rejected on the same grounds as disclosed within Claim 12.
Re. Claim 3¸ Zheng, Liu, and Wang teach Claims 1 and 12.
Additionally, Zheng further teaches in response to a frequency resource required by frequency band monitoring indication information received by the terminal being located in the first frequency band, determining that a task indicated in the frequency band monitoring indication information to be performed by the terminal is performed based on the first frequency band (Pg. 13, Line 10 - if the sum of the transmission bandwidth corresponding to all configured BWP is still less than the system bandwidth, then in the present application, such terminal device can be understood as low bandwidth capability of the terminal device).
Re. Claim 4, Zheng, Liu, and Wang teach Claim 1.
Yet, the combination of Zheng and Liu does not expressly teach wherein the first number is determined based on at least one of: a predefined rule, a subcarrier spacing used before and after the frequency switch; or a capability corresponding to the terminal.
However, Wang explicitly teaches wherein the first number is determined based on at least one of: a predefined rule (Pg. 3, Line 14 - time unit the first indication is used for indicating the length of period N of time unit, is configured to the first time unit, the N is a positive integer greater than or equal to 1. size N of the period may indicate to the terminal device is a network device and also may be predefined. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”); a subcarrier spacing used before and after the frequency switch; OR a capability corresponding to the terminal.
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wang to the teaching of Zheng and Liu. The motivation for such would be as Wang provides a means of determining a frequency switch based on a predefined rule (Wang, Pg. 3 Line 14). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claims 9 and 17¸ Zheng, Liu, and Wang teach Claims 1 and 12.
Additionally, Zheng further teaches wherein determining the first frequency band in the BWP comprises at least one of: determining the first frequency band in the BWP based on at least one of a frequency domain position or a number of frequency domain resources; or determining the first frequency band in the BWP based on a predefined rule (Pg. 3, Line 7 - the terminal device determines the first frequency band according to the second information; or, the first frequency band is predefined. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”); OR determining the first frequency band in the BWP based on a pre-configuration.
Re. Claims 10 and 18¸ Zheng, Liu, and Wang teach Claims 9 and 17.
Additionally, Zheng further teaches wherein determining the first frequency band in the BWP based on the predefined rule comprises at least one of: determining the first frequency band in the BWP based on a frequency domain position and a frequency domain width corresponding to a monitored control resource set (Pg. 3, Line 40 - the terminal device determines the second frequency band according to at least one of the following… wherein, the related information of the first frequency band where the second frequency band is located is the index of the first frequency band or the frequency domain resource position corresponding to the first frequency band. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”); OR determining the first frequency band in the BWP based on a frequency domain position and a frequency domain width corresponding to monitoring a synchronization signal block (SSB); OR determining the first frequency band in the BWP based on a frequency domain position and a frequency domain width of a corresponding physical random access channel (PRACH).
Re. Claims 11 and 19¸ Zheng, Liu, and Wang teach Claims 9 and 17.
Additionally, Zheng further teaches wherein determining the first frequency band in the BWP based on the pre-configuration comprises: determining the first frequency band in the BWP based on a frequency domain position where a last transceiving task stayed and a corresponding bandwidth (Pg. 4, Line 1 - the related information of the first frequency band where the second frequency band is located is the index of the first frequency band or the frequency domain resource position corresponding to the first frequency band).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Liu, Wang, and Noh et al. (WO 2019050295 A1), hereinafter Noh.
Re. Claim 6, Zheng, Liu and Wang teach claim 4.
Yet, the combination of Zheng, Liu, and Wang does not expressly teach in response to the first number being larger than at least one of a second number or a third number, determining that a transceiving task is stopped; or in response to the first number being equal to at least one of a second number or a third number, determining that a transceiving task is stopped; wherein the second number is a number of scheduling delays of the terminal and the third number is a number of hybrid automatic repeat request (HARQ) feedback delays.
However, Noh explicitly teaches in response to the first number being larger than at least one of a second number or a third number, determining that a transceiving task is stopped (Pg. 13, Line 31 - If a delay time requirement for data to be transmitted to the corresponding terminal 1f02 is required to be short enough for reporting and transmitting retransmission results… the base station 1f00 can perform a single transmission to the terminal); OR in response to the first number being equal to at least one of a second number or a third number, determining that a transceiving task is stopped; wherein the second number is a number of scheduling delays of the terminal (Fig. 1f, & Pg. 13, Line 31 - If a delay time requirement for data to be transmitted to the corresponding terminal 1f02 is required to be short enough for reporting and transmitting retransmission results in FIG. 1f, the base station 1f00 can perform a single transmission to the terminal) and the third number is a number of hybrid automatic repeat request (HARQ) feedback delays (Pg. 12, Line 24 - For example, a specific number of the HARQ operation numbers may be used as a number indicating one of the four operations described above).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Noh to the teaching of Zheng, Liu, and Wang. The motivation for such would be as Noh provides a means for checking if the task is stopped (Noh, Fig. 1f & Pg. 13, Line 31). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Claims 7-8 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Zheng in view of Liu, Wang, and Wu et al. (CN 113949496 A), hereinafter Wu.
Re. Claim 7, Zheng, Liu, and Wang teach Claims 4.
Yet, the combination of Zheng, Liu, and Wang does not explicitly teach one of: in response to receiving a first indication message, determining that the first frequency band is re-monitored; or in response to not receiving other frequency band monitoring indication information within a preset duration, determining that the first frequency band is re-monitored.
However, Wu expressly teaches one of: in response to receiving a first indication message, determining that the first frequency band is re-monitored; or in response to not receiving other frequency band monitoring indication information within a preset duration, determining that the first frequency band is re-monitored (Pg. 27, Line 37 - the UE switches from the first frequency band to the second frequency band, and starts the BWP-fallback-timer, if the BWP-fallback-timer expires, and the terminal does not monitor the PDCCH scrambled by the C-RNTI or CS-RNTI after switching on the second frequency band, then the terminal should return to the first frequency band. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wu to the teaching of Zheng, Liu, and Wang. The motivation for such would be as Wu provides determining that the frequency band is monitored (Wu, Pg. 27, Line 37). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claims 8, Zheng, Liu, Wang, and Wu teach Claim 7.
Yet, the combination of Zheng, Liu, and Wang does not explicitly teach at least one of: a data transmission based on other frequency band; a measurement based on other frequency band; monitoring control information based on other frequency band.
However, Wu expressly teaches least one of: a data transmission based on other frequency band; a measurement based on other frequency band; monitoring control information based on other frequency band (Pg. 27, Line 37 - the UE switches from the first frequency band to the second frequency band, and starts the BWP-fallback-timer, if the BWP-fallback-timer expires, and the terminal does not monitor the PDCCH scrambled by the C-RNTI or CS-RNTI after switching on the second frequency band, then the terminal should return to the first frequency band. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”); sending control information based on other frequency band; OR sending a sounding channel based on other frequency band.
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wu to the teaching of Zheng, Liu, and Wang. The motivation for such would be as Wu provides determining that the frequency band is monitored (Wu, Pg. 27, Line 37). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 14, Zheng, Liu, and Wang teaches Claim 12.
Yet, the combination of Zheng, Liu, and Wang does not explicitly teach sending a first indication message, wherein the first indication message is configured to indicate that the terminal re-monitors the first frequency band after performing a frequency switch.
However, Wu expressly teaches sending a first indication message, wherein the first indication message is configured to indicate that the terminal re-monitors the first frequency band after performing a frequency switch (Pg. 27, Line 37 - the terminal after receiving the indication beam footprint switching signalling; the UE switches from the first frequency band to the second frequency band, and starts the BWP-fallback-timer, if the BWP-fallback-timer expires, and the terminal does not monitor the PDCCH scrambled by the C-RNTI or CS-RNTI after switching on the second frequency band, then the terminal should return to the first frequency band).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wu to the teaching of Zheng, Liu, and Wang. The motivation for such would be as Wu provides sending a message to determine that the frequency band is monitored (Wu, Pg. 27, Line 37). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 15, Zheng, Liu, and Wang teach Claim 12.
Yet, the combination of Zheng, Liu, and Wang does not explicitly teach sending frequency band monitoring indication information, wherein the frequency band monitoring indication information is configured to indicate that the terminal performs a task comprised in the frequency band monitoring indication information.
However, Wu expressly teaches sending frequency band monitoring indication information, wherein the frequency band monitoring indication information is configured to indicate that the terminal performs a task comprised in the frequency band monitoring indication information (Pg. 27, Line 37 - the terminal after receiving the indication beam footprint switching signalling; the UE switches from the first frequency band to the second frequency band, and starts the BWP-fallback-timer, if the BWP-fallback-timer expires, and the terminal does not monitor the PDCCH scrambled by the C-RNTI or CS-RNTI after switching on the second frequency band, then the terminal should return to the first frequency band).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wu to the teaching of Zheng, Liu, and Wang. The motivation for such would be as Wu provides sending a message to determine that the terminal performs a task in the frequency band (Wu, Pg. 27, Line 37). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 16, Zheng, Liu, and Wang teach Claim 12.
Yet, the combination of Zheng, Liu, and Wang does not explicitly teach at least one of: a data transmission based on other frequency band; a measurement based on other frequency band; monitoring control information based on other frequency band.
However, Wu expressly teaches least one of: a data transmission based on other frequency band; a measurement based on other frequency band; monitoring control information based on other frequency band (Pg. 27, Line 37 - the UE switches from the first frequency band to the second frequency band, and starts the BWP-fallback-timer, if the BWP-fallback-timer expires, and the terminal does not monitor the PDCCH scrambled by the C-RNTI or CS-RNTI after switching on the second frequency band, then the terminal should return to the first frequency band. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”); sending control information based on other frequency band; OR sending a sounding channel based on other frequency band.
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Wu to the teaching of Zheng, Liu, and Wang. The motivation for such would be as Kim provides determining that the frequency band is monitored (Wu, Pg. 27, Line 37). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Response to Arguments
Applicant's arguments filed 05/20/2026 have been fully considered but they are not persuasive. Applicant argues that the combination of Zheng, Liu and Wang fails to disclose two limitations. First, Applicant focuses on Liu failing to teach “the frequency band monitored by default is a frequency band monitoring indication information within a preset duration relative to the last received frequency band monitoring indication information” on Page 9. To this, Examiner respectfully disagrees. The disclosure made by Liu identifies that the indication information overrides a preset default state upon reception (Pg. 3, Line 1 - the indication information represents the target carrier or the target frequency band in the following manner: only the target frequency band is indicated, the target carrier being the default; alternatively, only the target carrier is indicated, and the target band is the default). Before the indication information is received, both the target carrier and the target frequency band are both set to the default and only the one updated by the indication information is changed. As such, Liu is describing a situation where the frequency band monitored is being preset and monitored in response to not receiving other indication information. By definition, “default” means “a selection automatically used by a program in the absence of a choice made by the user” (Definition 5B - https://www.merriam-webster.com/dictionary/default), and as used by Liu it is understood that these default options are overridden in the event that a new indication information is received. As such, Liu does teach, under Examiner’s understanding, the limitation as claimed in the independent claims.
Additionally, on Page 9, applicant argues that Wang does not adequately teach “in response to a frequency resource required by frequency band monitoring indication information received by the terminal not being located in the first frequency band, determining that a frequency switch is performed based on a first number of time units, wherein any transceiving task is not performed within the first number of time units in the frequency switch process.” Examiner finds that Applicant’s understanding and interpretation of the claimed language is slightly broader than what is claimed in the limitation itself. Examiner reads the limitation to claim that 1) when a frequency resource that is to be monitored is not in the frequency band, 2) a frequency switch is performed within a defined amount of time, and 3) no transmission and/or reception is performed during the switch between frequencies. The claim language as written is silent on a temporal aspect of when the switch is to take place as the Applicant so argues, per Examiner’s interpretation. Further, the term “transceiving” is commonly understood in the art to be a portmanteau of transmitting and receiving (https://en.wiktionary.org/wiki/transceive) of which, the act of switching between frequencies, is neither. Further, the claim language as written appears to be barring the act of transceiving during the swap itself, rather than elsewhere in the time unit. As such, Examiner, under his broadest reasonable interpretation finds that Wang’s disclosure (Pg. 32, Line 14 - if not working on the first BWP before the first time unit and the terminal device, then the first terminal equipment needs to be activated before the first time unit (or switching) the first BWP, first BWP of the activation can refer to activation for the first BWP link communication, i.e. for the first BWP communication between terminal and terminal) does embody a situation in which a frequency resource is not present, a switch is performed between frequency bands with respect to an existing number of time units, and no transcieving occurs during the swap. As such, Examiner upholds the rejection for independent claims 1, 12 and 22 under 35 U.S.C. § 103 under Zheng, Liu and Wang as well as all claims depending therein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim et al. (2015/0271806) – Fig. 5, ¶0077-0080
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/N.J.S./Examiner, Art Unit 2475
/KHALED M KASSIM/supervisory patent examiner, Art Unit 2475
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