DETAILED ACTION
Applicant's submission filed on 22 April 2026 has been entered. Claims 8, 10, and 12 are currently amended; claims 1-7 are cancelled; claims 9 and 11 are previously presented; no claims have been added. Claims 8-12 are pending and ready for examination.
Response to Arguments
Applicant’s arguments, see page 5, filed 22 April 2026, with respect to “Title of the Invention” have been fully considered and the examiner notes the applicant has made the appropriate corrections to overcome the objection.
Applicant’s arguments, see page 5, filed 22 April 2026, with respect to “Claim Objections” have been fully considered and the examiner notes the applicant has made the appropriate corrections to overcome the objection.
Applicant’s arguments, see pages 5-8, filed 22 April 2026, with respect to “Claim Rejection under Gao” have been fully considered but they are not persuasive. Applicant argues that Gao does not teach the control circuitry specifies, using information included in the SIB1, a timing to use the first frequency location and the first bandwidth as the frequency location and the bandwidth of the initial downlink BWP.
The examiner respectfully disagrees. The claim limitation is for specifying a timing to use the initial downlink BWP based on information of the SIB1. Gao teaches this (Gao, Fig. 11, [0219]-[0223]; In the B2th case, the first downlink bandwidth part is configured based on the SIB1, the second start common resource block of the first downlink bandwidth part is determined based on a second start physical resource block of the first bandwidth part and a third offset, where the terminal device may determine a first start common resource location of the first control resource set based on the second start common resource block of the first downlink bandwidth part configured in the SIB1). The second start common resource block is the timing of the first downlink bandwidth part and that is determined based on a second start physical resource block of the first bandwidth part and a third offset, where the first downlink bandwidth part is configured based on the SIB1. As such, Gao teaches the control circuitry specifies, using information included in the SIB1, a timing to use the first frequency location and the first bandwidth as the frequency location and the bandwidth of the initial downlink BWP.
Applicant’s arguments, see pages 8-9, filed 22 April 2026, with respect to “Claim Rejection under Gao” have been fully considered but they are not persuasive. Applicant argues that Gao does not teach the after an RRC connection is established or before the RRC connection is established for the limitation.
The examiner respectfully disagrees. The applicant argues that a determination of whether to apply a first frequency location and a first bandwidth as a frequency location and a bandwidth of an initial downlink BWP should have been based upon an RRC connection being established. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the determination of whether to apply the frequency location and bandwidth are based upon an RRC connection being established) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims under broadest reasonable interpretation seeks to modify the claim limitation of the independent claim where the control circuitry specifies a timing to use the first frequency location and first bandwidth. If the applicant wished to claim something like “wherein the timing is based on a RRC connection being established, that would be closer to what the applicant is arguing that Gao does not teach but is not actually claimed in the language of the claims. Instead, under broadest reasonable interpretation the claim tries to backtrack the previous claim and seek whether to apply the first frequency location and the first bandwidth after an RRC connection is established or at an initial access before the RRC connection is established. Upon reading this, the examiner respectfully questions the applicant’s use of “whether to apply”, as that seeks to limit the independent’s claim that already specifies a timing (when the circuitry applies those attributes) rather than whether it will or not. Beyond this, the claim’s language is uncertain at best what the applicant actually intends. As a result, the examiner respectfully invites the applicant to schedule an interview to better discuss what their intention is for the claim and then together maybe better claim language can be figured out to properly encompass the above features that are argued but not being claimed.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 8-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gao et al. (US 2021/0329669 A1), hereafter referred Gao.
Regarding claim 8, Gao teaches a user equipment (UE), comprising:
reception circuitry configured to receive a physical downlink control channel (PDCCH) on a CORESET0, and to receive system information block 1 (SIB1) scheduled by the PDCCH (Gao, Fig. 1, [0131]-[0133]; the terminal device may communicate with the network device using an air interface technology of the communication system, where the communication includes uplink or downlink scheduling control information is transmitted on a PDCCH, which includes a time-frequency location of a commonControlResourceSet which uses the initial downlink bandwidth part as a reference. One configuration manner defining the initial downlink bandwidth part is by using a CORESET #0 as well as in a system information block 1 (SIB1)); and
control circuitry, wherein
the SIB1 includes a parameter indicating a first frequency location and a first bandwidth to specify a frequency location and a bandwidth of initial downlink BWP (Gao, [0133]-[0134]; the initial DL BWP configured in SIB1 comprises a size and a frequency domain location of the initial downlink bandwidth part), and
the control circuitry specifies, using information included in the SIB1, a timing to use the first frequency location and the first bandwidth as the frequency location and the bandwidth of the initial downlink BWP (Gao, Fig. 11, [0219]-[0223]; In the B2th case, the first downlink bandwidth part is configured based on the SIB1, the second start common resource block of the first downlink bandwidth part is determined based on a second start physical resource block of the first bandwidth part and a third offset, where the terminal device may determine a first start common resource location of the first control resource set based on the second start common resource block of the first downlink bandwidth part configure din the SIB1).
Regarding claim 10, Gao teaches a base station apparatus, comprising:
transmission circuitry configured to transmit a physical downlink control channel (PDCCH) on a CORESET0, and to transmit system information block 1 (SIB1) scheduled by the PDCCH (Gao, Fig. 1, [0131]-[0133]; the terminal device may communicate with the network device using an air interface technology of the communication system, where the communication includes uplink or downlink scheduling control information is transmitted on a PDCCH, which includes a time-frequency location of a commonControlResourceSet which uses the initial downlink bandwidth part as a reference. One configuration manner defining the initial downlink bandwidth part is by using a CORESET #0 as well as in a system information block 1 (SIB1)); and
control circuitry, wherein
the SIB1 includes a parameter indicating a first frequency location and a first bandwidth to specify a frequency location and a bandwidth of initial downlink BWP (Gao, [0133]-[0134]; the initial DL BWP configured in SIB1 comprises a size and a frequency domain location of the initial downlink bandwidth part), and
the control circuitry specifies, using information included in the SIB1, a timing to use the first frequency location and the first bandwidth as the frequency location and the bandwidth of the initial downlink BWP (Gao, Fig. 11, [0219]-[0223]; In the B2th case, the first downlink bandwidth part is configured based on the SIB1, the second start common resource block of the first downlink bandwidth part is determined based on a second start physical resource block of the first bandwidth part and a third offset, where the terminal device may determine a first start common resource location of the first control resource set based on the second start common resource block of the first downlink bandwidth part configure din the SIB1).
Regarding claim 12, Gao teaches a communication method for a user equipment (UE), the communication method comprising:
receiving a physical downlink control channel (PDCCH) on a CORESET0, and to receive system information block 1 (SIB1) scheduled by the PDCCH (Gao, Fig. 1, [0131]-[0133]; the terminal device may communicate with the network device using an air interface technology of the communication system, where the communication includes uplink or downlink scheduling control information is transmitted on a PDCCH, which includes a time-frequency location of a commonControlResourceSet which uses the initial downlink bandwidth part as a reference. One configuration manner defining the initial downlink bandwidth part is by using a CORESET #0 as well as in a system information block 1 (SIB1)), wherein
the SIB1 includes a parameter indicating a first frequency location and a first bandwidth to specify a frequency location and a bandwidth of initial downlink BWP (Gao, [0133]-[0134]; the initial DL BWP configured in SIB1 comprises a size and a frequency domain location of the initial downlink bandwidth part); and
specifying, using information included in the SIB1, a timing to use the first frequency location and the first bandwidth as the frequency location and the bandwidth of the initial downlink BWP (Gao, Fig. 11, [0219]-[0223]; In the B2th case, the first downlink bandwidth part is configured based on the SIB1, the second start common resource block of the first downlink bandwidth part is determined based on a second start physical resource block of the first bandwidth part and a third offset, where the terminal device may determine a first start common resource location of the first control resource set based on the second start common resource block of the first downlink bandwidth part configure din the SIB1).
Regarding claims 9 and 11, Gao teaches the UE according to claim 8 and the base station apparatus according to claim 10 above. Further, Gao teaches wherein the control circuitry determines, using information included in the SIB1, whether to apply the first frequency location and the first bandwidth as the frequency location and the bandwidth of the initial downlink BWP after an RRC connection is established or as the frequency location and the bandwidth of the initial downlink BWP at an initial access before the RRC connection is established (Gao, [0312]-[0321]; the configuration message of the first control resource set may be configured before or after the successful initial access of the terminal device, where the network device configures the newly configured DL BWP for the terminal device by using higher layer signaling, for example RRC signaling).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODRICK MAK whose telephone number is (571)270-0284. The examiner can normally be reached Monday - Friday 9:30 am - 5:30 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, Noel Beharry can be reached at 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.M./Examiner, Art Unit 2416
/NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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