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 .
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless -
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
3. Claims 1,12,20,24,25,26, and 34 are rejected under 35 U.S.C. 102(a1) as being
anticipated by Vutukuri et al. (2016/073344).
For independent claims 1,20, and 34, Vutukuri et al. (2016/073344) discloses a
method of operation of a radio access node of radio access network of a cellular
communications system (paragraph [0013]), the method comprising: transmitting a
Request to Send, RTS, frame within a Time Division Duplexing, TDD, radio frame on a
cell served by the radio access node in an unlicensed frequency band (( See paragraphs 0029,0030,0034,0072, and 0073); and transmitting a downlink transmission to a wireless communication device or
receiving an uplink transmission from the wireless communication device, on the cell
served by the radio access node in the unlicensed spectrum during a period of time that
corresponds to a duration of time indicated in the RTS frame ( See paragraphs 0029,0030,0034,0072, and 0073).
For dependent claims 12,24,25 and 26 Vutukuri et al. (2016/073344) also discloses
wherein the RTS frame is an IEEE 802.11 RTS frame
further comprising receiving a downlink transmission ( See paragraphs 0029,0030,0034,0072, and 0073) in from the radio access node on the cell or transmitting an uplink transmission to the radio access node
wherein the wireless communication device is not an intended recipient of the RTS frame( See paragraphs 0029,0030,0034,0072, and 0073).
4.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.
5. 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.
6. Claims 7 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over
By Vutukuri et al. (2016/073344) in view of You et al. (2017/202019).
For claim 7 and claim 22, Vutukuri et al. (2016/073344)discloses all the subject matter of the claimed invention with the exception of wherein transmitting-the RTS frame within
the TDD radio frame comprises transmitting the RTS frame within a guard period within
a special slot of an uplink/downlink frame structure of the TDD radio frame. You et al.
from the same or similar fields of endeavor teaches a provision of wherein transmitting
the RTS frame within the TDD radio frame comprises transmitting the RTS frame within
a guard period within a special slot of an uplink/downlink frame structure of the TDD
radio frame ( See paragraphs 0011 and 0068). Thus, it would have been obvious to the
person of ordinary skill in the art before the effective filing date of the claimed invention
to use wherein transmitting-the RTS frame within the TDD radio frame comprises
transmitting the RTS frame within a guard period within a special slot of an
uplink/downlink frame structure of the TDD radio frame as taught by You et al. in the
communications network of Vutukuri et al. (2016/073344) for the purpose of transmitting the RTS frame within a guard period within a special slot of an uplink/downlink frame structure of the TDD radio frame.
7. 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.
8. Claims 2-6,8-10,21,23,35,36,37, 51, and 52 are rejected under 35 U.S.C. 103
as being unpatentable over Vutukuri et al. (2016/073344) .
For claims 2-6,8-10,21,23,35,36,337, 51, and 52 , discloses all the subject matter of
the claimed invention with the exception of wherein the duration of time indicated in the
RTS frame is less than a length of the TDD radio frame on the cell served by the radio
access node; further comprising selecting data for transmission during the period of
time that corresponds to the duration of time indicated in the RTS frame based on
priority, wherein the downlink transmission or the uplink transmission is a transmission
of the selected data; wherein the selected data is data for an Ultra-Reliable Low-
Latency Communication, URLLC, service; wherein the duration of time indicated in the
RTS frame is equal to a length of the TDD radio frame on the cell served by the radio
access node ; wherein transmitting-(200)-the RTS frame within the TDD radio frame
comprises transmitting -the RTS frame within a special slot of an uplink/downlink frame
structure of the TDD radio frame; further comprising receiving-a Clear to Send, CTS,
frame during the special slot, wherein transmitting the downlink transmission to the
wireless communication device -or receiving the uplink transmission from the wireless
communication device comprises transmitting the downlink transmission to the wireless
communication device or receiving the uplink transmission from the wireless
communication device responsive to receiving the CTS frame during the special
slot; further comprising transmitting one or more additional RTS frames within one or
more additional TDD radio frames on the cell served by the radio access node in the
unlicensed frequency band; further comprising periodically transmitting one or more
additional RTS frames within one or more additional TDD radio frames on the cell
served by the radio access node -in the unlicensed frequency band; and further
comprising periodically transmitting one or more additional RTS frames within one or
more additional TDD radio frames on the cell served by the radio access node in the
unlicensed frequency band at a particular periodicity, wherein the particular periodicity is
based on an amount of data of a first priority that is to be or expected to be transmitted
on the cell and/or an amount of data of a second priority that is to be or expected to be
transmitted on the cell, the first priority being higher than the second priority.
However, wherein the duration of time indicated in the RTS frame is less than a length
of the TDD radio frame on the cell served by the radio access node;
further comprising selecting data for transmission during the period of time that
corresponds to the duration of time indicated in the RTS frame based on priority,
wherein the downlink transmission or the uplink transmission is a transmission of the
selected data; wherein the selected data is data for an Ultra-Reliable Low-Latency
Communication, URLLC, service; wherein the duration of time indicated in the RTS
frame is equal to a length of the TDD radio frame on the cell served by the radio access
node ; wherein transmitting-(200)-the RTS frame within the TDD radio frame comprises
transmitting -the RTS frame within a special slot of an uplink/downlink frame structure of
the TDD radio frame; further comprising receiving-a Clear to Send, CTS, frame during
the special slot, wherein transmitting the downlink transmission to the wireless
communication device -or receiving the uplink transmission from the wireless
communication device comprises transmitting the downlink transmission to the wireless
communication device or receiving the uplink transmission from the wireless
communication device responsive to receiving the CTS frame during the special
slot; further comprising transmitting one or more additional RTS frames within one or
more additional TDD radio frames on the cell served by the radio access node in the
unlicensed frequency band; further comprising periodically transmitting one or more
additional RTS frames within one or more additional TDD radio frames on the cell
served by the radio access node -in the unlicensed frequency band; and further
comprising periodically transmitting one or more additional RTS frames within one or
more additional TDD radio frames on the cell served by the radio access node in the
unlicensed frequency band at a particular periodicity, wherein the particular periodicity is
based on an amount of data of a first priority that is to be or expected to be transmitted
on the cell and/or an amount of data of a second priority that is to be or expected to be
transmitted on the cell, the first priority being higher than the second priority are well-
known in the art. Thus, it would have been obvious to the person of ordinary skill in the
art before the effective filling date of the claimed invention to use , wherein the duration
of time indicated in the RTS frame is less than a length of the TDD radio frame on the
cell served by the radio access node; further comprising selecting data for transmission
during the period of time that corresponds to the duration of time indicated in the RTS
frame based on priority, wherein the downlink transmission or the uplink transmission is
a transmission of the selected data; wherein the selected data is data for an Ultra-
Reliable Low-Latency Communication, URLLC, service; wherein the duration of time
indicated in the RTS frame is equal to a length of the TDD radio frame on the cell
served by the radio access node ; wherein transmitting-(200) the RTS frame within the
TDD radio frame comprises transmitting -the RTS frame within a special slot of an
uplink/downlink frame structure of the TDD radio frame; further comprising receiving-a
Clear to Send, CTS, frame during the special slot, wherein transmitting the downlink
transmission to the wireless communication device -or receiving the uplink transmission
from the wireless communication device comprises transmitting the downlink
transmission to the wireless communication device or receiving the uplink transmission
from the wireless communication device responsive to receiving the CTS frame during
the special slot; further comprising transmitting one or more additional RTS frames
within one or more additional TDD radio frames on the cell served by the radio access
node in the unlicensed frequency band; further comprising periodically transmitting one
or more additional RTS frames within one or more additional TDD radio frames on the
cell served by the radio access node -in the unlicensed frequency band; and further
comprising periodically transmitting one or more additional RTS frames within one or
more additional TDD radio frames on the cell served by the radio access node in the
unlicensed frequency band at a particular periodicity, wherein the particular periodicity is
based on an amount of data of a first priority that is to be or expected to be transmitted
on the cell and/or an amount of data of a second priority that is to be or expected to be
transmitted on the cell, the first priority being higher than the second priority are well-
known in the art as well-known in the art in the communications network of Vutukuri et al. (2016/073344) for the purpose of periodically transmitting one or more additional RTS frames within one or more additional TDD radio frames on the cell served by the radio access node -in the unlicensed frequency band; and further comprising periodically transmitting one or more additional RTS frames within one or more additional TDD radio frames on the cell served by the radio access node in the unlicensed frequency band at a particular.
9. Claim 11 is 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.
10.Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANG T TON whose telephone number is (571)272-3171. The examiner can normally be reached Monday to Friday 5:30 AM to 3:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayaz Sheikh can be reached at 571-272-3795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476