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 Love et al. (US 2012/0172081), 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) and (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 power limits, and the resource part is selected based on a pathloss of the UE, wherein the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT. 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). Love et al. teaches wherein the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT. Love et al. teaches a method in a schedulable wireless communication entity (i.e. base station) (P:0014) having an operational maximum power level and that communicates in a wireless communication network (P:0014-PP:0015 and page 5, claim 1), wherein the operational maximum power level is based on a difference between a rated maximum transmit power and maximum transmit power adjustment information (i.e. different maximum power levels) based on the radio resource assignment from reference information stored on the schedulable wireless communication entity (page 6, claim 2) and varying the operational maximum power level includes decreasing the operational maximum power level by a first adjustment if the schedulable wireless communication entity is in a first protocol state (i.e. first RAT) i.e. OFDM methods, multi-carrier access or multi-channel CDMA wireless communication protocols including, for example, IEEE-802.16e-2005, multi-carrier HRPD-A in 3GPP2, and the Long Term Evolution UTRA/UTRAN) (P:0019) and by a second adjustment if the schedulable wireless communication entity is in a second protocol state (i.e. second RAT)(P:0019) as the allocated radio resources are positioned in frequency closer (i.e. distance) to an edge of the frequency band within which the radio resource is allocated, an amount of the first adjustment and the second adjustment are dependent on how close (i.e. distance) to the edge of the frequency band the radio resources are positioned, and increasing the operational maximum power level by a third adjustment if the schedulable wireless communication entity is in a first protocol state and by a fourth adjustment if the schedulable wireless communication entity is in a second protocol state as the allocated radio resources are positioned in frequency farther from an edge of the frequency band within which the radio resource is allocated, an amount of the first adjustment and the second adjustment are dependent on how far (i.e. distance) from the edge of the frequency band the radio resources are positioned. (page 6, claim 6). 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 power limits, and the resource part is selected based on a pathloss of the UE, wherein the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT 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), the presence of numerous different frequency or spatially adjacent radio technologies, 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 Love 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 power limits, and the resource part is selected based on a pathloss of the UE, wherein the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT. 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). Love et al. teaches wherein the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT. Love et al. teaches a method in a schedulable wireless communication entity (i.e. base station) (P:0014) having an operational maximum power level and that communicates in a wireless communication network (P:0014-PP:0015 and page 5, claim 1), wherein the operational maximum power level is based on a difference between a rated maximum transmit power and maximum transmit power adjustment information (i.e. different maximum power levels) based on the radio resource assignment from reference information stored on the schedulable wireless communication entity (page 6, claim 2) and varying the operational maximum power level includes decreasing the operational maximum power level by a first adjustment if the schedulable wireless communication entity is in a first protocol state (i.e. first RAT) i.e. OFDM methods, multi-carrier access or multi-channel CDMA wireless communication protocols including, for example, IEEE-802.16e-2005, multi-carrier HRPD-A in 3GPP2, and the Long Term Evolution UTRA/UTRAN) (P:0019) and by a second adjustment if the schedulable wireless communication entity is in a second protocol state (i.e. second RAT)(P:0019) as the allocated radio resources are positioned in frequency closer (i.e. distance) to an edge of the frequency band within which the radio resource is allocated, an amount of the first adjustment and the second adjustment are dependent on how close (i.e. distance) to the edge of the frequency band the radio resources are positioned, and increasing the operational maximum power level by a third adjustment if the schedulable wireless communication entity is in a first protocol state and by a fourth adjustment if the schedulable wireless communication entity is in a second protocol state as the allocated radio resources are positioned in frequency farther from an edge of the frequency band within which the radio resource is allocated, an amount of the first adjustment and the second adjustment are dependent on how far (i.e. distance) from the edge of the frequency band the radio resources are positioned. (page 6, claim 6). 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 power limits, and the resource part is selected based on a pathloss of the UE, wherein the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT 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), the presence of numerous different frequency or spatially adjacent radio technologies, 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 Love 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 resource part is selected based on a pathloss of the UE and power limits, and the resource part is selected based on a pathloss of the UE, wherein the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT. 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). Love et al. teaches wherein the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT. Love et al. teaches a method in a schedulable wireless communication entity (i.e. base station) (P:0014) having an operational maximum power level and that communicates in a wireless communication network (P:0014-PP:0015 and page 5, claim 1), wherein the operational maximum power level is based on a difference between a rated maximum transmit power and maximum transmit power adjustment information (i.e. different maximum power levels) based on the radio resource assignment from reference information stored on the schedulable wireless communication entity (page 6, claim 2) and varying the operational maximum power level includes decreasing the operational maximum power level by a first adjustment if the schedulable wireless communication entity is in a first protocol state (i.e. first RAT) i.e. OFDM methods, multi-carrier access or multi-channel CDMA wireless communication protocols including, for example, IEEE-802.16e-2005, multi-carrier HRPD-A in 3GPP2, and the Long Term Evolution UTRA/UTRAN) (P:0019) and by a second adjustment if the schedulable wireless communication entity is in a second protocol state (i.e. second RAT)(P:0019) as the allocated radio resources are positioned in frequency closer (i.e. distance) to an edge of the frequency band within which the radio resource is allocated, an amount of the first adjustment and the second adjustment are dependent on how close (i.e. distance) to the edge of the frequency band the radio resources are positioned, and increasing the operational maximum power level by a third adjustment if the schedulable wireless communication entity is in a first protocol state and by a fourth adjustment if the schedulable wireless communication entity is in a second protocol state as the allocated radio resources are positioned in frequency farther from an edge of the frequency band within which the radio resource is allocated, an amount of the first adjustment and the second adjustment are dependent on how far (i.e. distance) from the edge of the frequency band the radio resources are positioned. (page 6, claim 6). 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 power limits, and the resource part is selected based on a pathloss of the UE, wherein the different maximum power limits are related to a bandwidth distance to a second bandwidth allocated to a second RAT 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), the presence of numerous different frequency or spatially adjacent radio technologies, 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 Love et al..
Claim(s) 4 and 17 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 Love et al. (US 2012/0172081), newly recited reference as applied to claims 1 and 14 above and in further view of Ravishankar et al. (US 2021/0092640), newly recited reference.
Regarding claims 4 and 17, the combination of MolavianJazi et al., Ofuji et al. and Love et al. differs from claims 4 and 17 of the present invention in that they do not explicit disclose the first RAT is a terrestrial RAT and the second RAT is a non-terrestrial RAT. Ravishankar et al. teaches various types of RATs such as Satellite and cellular networks (P:0058). 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 the combination of MolavianJazi et al., Ofuji et al. and Love et al. with a terrestrial RAT and the second RAT is a non-terrestrial RAT in order for the network device to schedule frequencies to the user terminal to communicate in a satellite network and a satellite network, as taught by Ravishankar et al..
Allowable Subject Matter
7. Claims 3, 6, 10, 16 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 3 and 16, the prior art of record fails to teach or suggest alone, or in combination wherein a first resource part of the total bandwidth that is closer to the second bandwidth than a second resource part of the total bandwidth, has a lower maximum power limit than the second resource part.
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
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/KEITH FERGUSON/Primary Examiner, Art Unit 2648
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