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 .
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.
Claim(s) 1,5,7-9,11,14,18,20 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over MolavianJazi et al. (US 2019/0313343)(IDS) in view of Ofuji et al. (US 2010/0040036) and Zhou et al. (WO 2014/146711 A1), newly recited reference.
Regarding claim 1, MolavianJazi et al. discloses a method (fig. 2) performed by a radio network node (fig. 2 number 210) for handling communication in a wireless communication network (fig. 2 and P:0068-P:0075), the method comprising: scheduling (configure and/or scheme and/or plan of action) (fig. 2 number 215 and P:0070) a user equipment, UE (fig. 2 number 205), served by the radio network node (fig. 2 number 210) in a first cell (i.e. via the gNB) (P:0068) of a first radio access technology, RAT (LTE) (P:0069), to a resource part (BWP)of a total bandwidth for the first RAT for communicating, wherein resource parts of the total bandwidth have different maximum power limits (i.e. UE may be configured by higher layers with different values of maximum allowed UE output power (P.sub.EMAX,b,f,c) for different UL BWPs (see messaging 220). For example, a first BWP that is not near the frequency band-edge can have a first value of maximum allowed UE output power, while a second BWP that is at the frequency band-edge can have a second value of maximum allowed UE output power) (P:0072). MolavianJazi et al. differs from claim 1 of the present invention in that it does not explicit disclose the resource part is selected based on a pathloss of the UE and wherein the UE with higher pathloss is scheduled to lower parts of spectrum to transmit with higher uplink power. Ofuji et al. teaches the base station 100 selects a combination of transmission bandwidths for sounding reference signals based on the path losses between the user terminals 200 and the base station 100 and the maximum transmission power levels reported by the respective user terminals 200 (step S1004). In this step, the base station 100 selects a combination of bandwidths for sounding reference signals based on the distribution of path losses of the user terminals 200 belonging to its cell (sector) (P:0079). Zhou et al. teaches the uplink transmission power from the macro UE (i.e. fig. 1 dotted arrow from MUE to small pico cell) is much higher than the small cell UE (fig. 1 and page 2, lines 1-4). Thus the uplink interference could be much higher than the uplink signal in the small cell. when the far away macro UE (MUE2) was scheduled, even it may also have high power, the large path loss of the interfering link will make the small cell (i.e. lower spectrum) not heavily interfered (page 2, lines 6-8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify MolavianJazi et al. with the resource part is selected based on a pathloss of the UE and wherein the UE with higher pathloss is scheduled to lower parts of spectrum to transmit with higher uplink power in order for the radio network node to schedule the UE power transmission to minimize interference between cells and to allow the UE to control its maximum uplink transmission power based upon a select bandwidth part (BWP) , a priority level, the pathloss, and distance between the UE and the radio network node for reliable communication with the radio network node , as taught by Ofuji et al. and Zhou et al..
.
Regarding claims 5 and 18, MolavianJazi et al. discloses determining the different maximum power limits of one or more of the resource parts (P:0072) of the total bandwidth (400 MHz or wider)(P:0038 and P:0072).
Regarding claims 7 and 20, MolavianJazi et al. discloses obtaining a maximum transmission power of the UE (P:0070, P:0075, fig. 2 numbers 215 and 235, i.e. P.sub.CMAX,b,f,c).
Regarding claim 8, MolavianJazi et al. discloses determining number (multiple UL BWP and/or first BWPs and second BWPs) of resource parts needed for the UE (P:0070-P:0072).
Regarding claim 9, MolavianJazi et al. discloses the scheduling of the UE is based on one or more of the following: determined maximum power limit (P.sub.CMAX,b,f,c.) of radio resources (i.e. the UL BWP, that is, P.sub.CMAX,b,f,c.)(P:0070).
Regarding claim 11, MolavianJazi et al. discloses adjusting obtained maximum transmission power of the UE to a maximum transmission power limit of the selected resource part (i.e. Additionally, various specified maximum power reduction terms (e.g., MPR, A-MPR, P-MPR, ΔT.sub.C) and/or the maximum allowed UE output power signaled by higher layers for UL carrier f and serving cell c (‘P.sub.EMAX,f,c’ in the P.sub.CMAX,b,f,c formula) are configured per UL BWP)(P:0071) , and the method further comprises transmitting (fig. 2 number 220) a transmit power command comprising an indication of the adjusted maximum transmission power (i.e. Similarly, a UE may be configured by higher layers with different values of maximum allowed UE output power (P.sub.EMAX,b,f,c) for different UL BWPs (see messaging 220). For example, a first BWP that is not near the frequency band-edge can have a first value of maximum allowed UE output power, while a second BWP that is at the frequency band-edge can have a second value of maximum allowed UE output power) (P:0072).
Regarding claim 14, MolavianJazi et al. discloses radio network node (fig. 2 number 210) for handling communication in a wireless communication network (fig. 2 and P:0068-P:0075), comprising: scheduling (configure and/or scheme and/or plan of action) (fig. 2 number 215 and P:0070) a user equipment, UE (fig. 2 number 205), in a first cell (i.e. via the gNB) (P:0068) of a first radio access technology, RAT (LTE) (P:0069), to a resource part (BWP)of a total bandwidth for the first RAT for communicating, wherein resource parts of the total bandwidth have different maximum power limits (i.e. UE may be configured by higher layers with different values of maximum allowed UE output power (P.sub.EMAX,b,f,c) for different UL BWPs (see messaging 220). For example, a first BWP that is not near the frequency band-edge can have a first value of maximum allowed UE output power, while a second BWP that is at the frequency band-edge can have a second value of maximum allowed UE output power) (P:0072). MolavianJazi et al. differs from claim 14 of the present invention in that it does not explicit disclose the resource part is selected based on a pathloss of the UE and wherein the UE with higher pathloss is scheduled to lower parts of spectrum to transmit with higher uplink power. Ofuji et al. teaches the base station 100 selects a combination of transmission bandwidths for sounding reference signals based on the path losses between the user terminals 200 and the base station 100 and the maximum transmission power levels reported by the respective user terminals 200 (step S1004). In this step, the base station 100 selects a combination of bandwidths for sounding reference signals based on the distribution of path losses of the user terminals 200 belonging to its cell (sector) (P:0079). Zhou et al. teaches the uplink transmission power from the macro UE (i.e. fig. 1 dotted arrow from MUE to small pico cell) is much higher than the small cell UE (fig. 1 and page 2, lines 1-4). Thus the uplink interference could be much higher than the uplink signal in the small cell. when the far away macro UE (MUE2) was scheduled, even it may also have high power, the large path loss of the interfering link will make the small cell (i.e. lower spectrum) not heavily interfered (page 2, lines 6-8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify MolavianJazi et al. with the resource part is selected based on a pathloss of the UE and wherein the UE with higher pathloss is scheduled to lower parts of spectrum to transmit with higher uplink power in order for the radio network node to schedule the UE power transmission to minimize interference between cells and to allow the UE to control its maximum uplink transmission power based upon a select bandwidth part (BWP) , a priority level, the pathloss, and distance between the UE and the radio network node for reliable communication with the radio network node , as taught by Ofuji et al. and Zhou et al..
Regarding claim 21, MolavianJazi et al. discloses determine number of resource parts (first BWP and second BWP) needed for the UE (P:0072).
6. Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over MolavianJazi et al. (US 2019/0313343)(IDS) in view of Koskela et al. (US 2022/0287138), Ofuji et al. (US 2010/0040036) and Zhou et al. (WO 2014/146711 A1), newly recited reference.
Regarding claim 25, MolavianJazi et al. discloses radio network node (fig. 2 number 210) for handling communication in a wireless communication network (fig. 2 and P:0068-P:0075), comprising: scheduling (configure and/or scheme and/or plan of action) (fig. 2 number 215 and P:0070) a user equipment, UE (fig. 2 number 205), in a first cell (i.e. via the gNB) (P:0068) of a first radio access technology, RAT (LTE) (P:0069), to a resource part (BWP)of a total bandwidth for the first RAT for communicating, wherein resource parts of the total bandwidth have different maximum power limits (i.e. UE may be configured by higher layers with different values of maximum allowed UE output power (P.sub.EMAX,b,f,c) for different UL BWPs (see messaging 220). For example, a first BWP that is not near the frequency band-edge can have a first value of maximum allowed UE output power, while a second BWP that is at the frequency band-edge can have a second value of maximum allowed UE output power) (P:0072). MolavianJazi et al. differs from claim 25 of the present invention in that it does not explicit disclose the radio network node comprises processing circuitry, a memory, the resource part is selected based on a pathloss of the UE and wherein the UE with higher pathloss is scheduled to lower parts of spectrum to transmit with higher uplink power. Koskela et al. teaches the radio network node (fig. 1 number 1700 comprises processing circuitry (fig. 1 number 196) and a memory (fig. 1 number 155 and P:0071). Ofuji et al. teaches the base station 100 selects a combination of transmission bandwidths for sounding reference signals based on the path losses between the user terminals 200 and the base station 100 and the maximum transmission power levels reported by the respective user terminals 200 (step S1004). In this step, the base station 100 selects a combination of bandwidths for sounding reference signals based on the distribution of path losses of the user terminals 200 belonging to its cell (sector) (P:0079). Zhou et al. teaches the uplink transmission power from the macro UE (i.e. fig. 1 dotted arrow from MUE to small pico cell) is much higher than the small cell UE (fig. 1 and page 2, lines 1-4). Thus the uplink interference could be much higher than the uplink signal in the small cell. when the far away macro UE (MUE2) was scheduled, even it may also have high power, the large path loss of the interfering link will make the small cell (i.e. lower spectrum) not heavily interfered (page 2, lines 6-8). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify MolavianJazi et al. with the radio network node comprises processing circuitry, a memory, the resource part is selected based on a pathloss of the UE and wherein the UE with higher pathloss is scheduled to lower parts of spectrum to transmit with higher uplink power in order for the radio network node to schedule the UE power transmission to minimize interference between cells and to allow the UE to control its maximum uplink transmission power based upon a select bandwidth part (BWP) , a priority level, the pathloss, and distance between the UE and the radio network node for reliable communication with the radio network node , as taught by Ofuji et al., and Ofuji et al. and Zhou et al..
Allowable Subject Matter
7. Claims 2-4,6,10,15-17 and 19 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.
8. The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 2 and 15, the prior art of record fails to teach or suggest alone, or in combination the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT.
Regarding claims 6 and 19, the prior art of record fails to teach or suggest alone, or in combination measuring out of band emission of each resource part as a function of UE's transmission power; determining a total level of out of band emissions L transmitted from UEs towards a second network node of the second RAT; determining number of UEs K that are able to simultaneously interfere with the second network node; and defining the maximum power limit for the nth resource part P.sub.n.sup.max according to the equation L.sub.n(dBm)=L(dBm)−10 log.sub.10(K)=ƒ.sub.n(P.sub.n.sup.max).
Regarding claim 10, the prior art of record fails to teach or suggest alone, or in combination wherein scheduling of the UE comprise scheduling UEs according to a UE list comprising UEs arranged in an order defined by maximum transmission power of the UEs, matched with a frequency list defining resource parts ordered in a maximum power limit order.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KEITH FERGUSON/ Primary Examiner, Art Unit 2648