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 .
Response to Arguments
Applicant’s arguments, see page 6, filed 14 April 2026, in view of the amendments with respect to the specification have been fully considered and are persuasive. The objections of the specification have been withdrawn.
Applicant’s arguments, see page 7, filed 14 April 2026, in view of the amendments with respect to the claims have been fully considered and are persuasive. The objection of the claims has been withdrawn.
Applicant’s arguments, see page 7, filed 14 April 2026, in view of the amendments with respect to claims 1-5 have been fully considered and are persuasive. The 112(f) claim interpretation of the claims has been withdrawn.
Applicant’s arguments, see page 8, filed 14 April 2026, in view of the amendments with respect to claims 1-6 have been fully considered and are persuasive. The double patenting rejection of the claims has been withdrawn.
Applicant’s arguments, see page 9, filed 14 April 2026, in view of the amendments with respect to claims 2 and 4-5 have been fully considered and are persuasive. The 112(b) rejections of the claims have been withdrawn.
Applicant’s arguments with respect to claim(s) 1-6 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.
Applicant's arguments filed 14 April 2026 have been fully considered but they are not persuasive.
Regarding claim 2, the applicant argued, “…none of the cited paragraphs or figures discloses any presence of a flexible symbol…Lin is silent with respect to allowance of a flexible symbol…” on page 11.
In response to applicant’s argument, the examiner respectfully disagrees with the above argument.
In ¶¶12, 26, 53, 60, and 93-95; see figures 5 and 13-14 Lin clearly teaches each symbol included in the slot is one of a downlink symbol, an uplink symbol, or a flexible symbol (¶¶12, 26, 53, 60, and 93-95; see figures 5 and 13-14: SCS applied to slots having DL-UL configurations). The claim states that each symbol is one of a downlink, uplink, or flexible symbol. The cited portions of Lin teach that the slot includes downlink and uplink symbols. As such, Lin teaches the claim limitation.
Claim Rejections - 35 USC § 103
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. US 2022/0045831 A1 (hereinafter referred to as “Lin”) in view of Choi et al. US 2022/0353879 A1 (hereinafter referred to as “Choi”).
As to claim 1, Lin teaches a terminal (¶¶93-94; see figure 14) comprising:
a receiver configured to receive signaling from a base station (¶¶83-84, 90, and 93-94; see figures 13-14: UE receives configuration from BS);
a processor configured to determine a subcarrier spacing to be applied to each symbol included in a slot, based on the signaling (¶¶48, 83-84, and 93-94; see figures 1 and 13-14: determine, based on received configuration, SCS for each symbol); and
a transmitter configured to transmit a signal in the slot, based on the determined subcarrier spacing (¶¶74, 90-91, and 93-94; see figures 11 and 13-14: transmit UL transmission in the slot according to the configured SCS), wherein
the receiver receives a signal in the slot, based on the determined subcarrier spacing (¶¶74, 90-91, and 93-94; see figures 11 and 13-14: receive DL transmission in the slot according to the configured SCS).
Although Lin teaches “A terminal…subcarrier spacing,” Lin does not explicitly disclose “the subcarrier spacing is determined based on a table defined for a frequency band”.
However, Choi teaches the subcarrier spacing is determined based on a table defined for a frequency band (¶35, Table 3: subcarrier spacing is determined based on a frequency band).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to improve upon the apparatus described in Lin by including “the subcarrier spacing is determined based on a table defined for a frequency band” as taught by Choi because it provides Lin’s apparatus with the enhanced capability of employing the SCS that can best support a particular environment (Choi, ¶¶34-35, Table 3).
As to claim 2, Lin in view of Choi teaches the terminal as claimed in claim 1, wherein
the processor determines the subcarrier spacing for a format of the slot indicating that each symbol included in the slot is one of a downlink symbol, an uplink symbol, or a flexible symbol (¶¶12, 26, 53, 60, and 93-95; see figures 5 and 13-14: SCS applied to slots having DL-UL configurations).
As to claim 3, Lin in view of Choi teaches the terminal as claimed in claim 1. Lin further teaches wherein
the processor determines a period in which transmission and reception are not performed when switching the subcarrier spacing, based on a reference subcarrier spacing (¶¶52, 86-87, and 93-94; see figures 13-14: determine switching period according to a reference SCS based on which SCS is larger and which SCS is first).
As to claim 4, Lin in view of Choi teaches the terminal as claimed in claim 1. Lin further teaches wherein
the receiver receives scheduling information (¶¶74, 83-84, 90, and 93-94; see figures 13-14: UE receives configuration/scheduling from BS), and,
in a case where the scheduling information indicates allocation of data to which two or more subcarrier spacings are applied, the processor determines a preparation time from a time point of receiving the scheduling information to a time point of receiving the data, based on one of the subcarrier spacings applied to the data, and receives the data at the time point of receiving the data (¶¶68, 74, 87-91, and 93-94; see figures 13-14: configuration/scheduling indicates data transmissions with different SCS, determine gap and SCS switching time period from the point of receiving the PDCCH to receiving scheduled transmission based on one of the configured SCSs).
As to claim 5, Lin in view of Choi teaches the terminal as claimed in claim 1. Lin further teaches wherein
the receiver receives scheduling information (¶¶74, 83-84, 90, and 93-94; see figures 13-14: UE receives configuration/scheduling from BS), and
in a case where the scheduling information indicates allocation of data to which two or more subcarrier spacings are applied, the processor does not expect reception of another scheduling information during a time from a time point of receiving the scheduling information to a time point of receiving the data, and receives the data at the time point of receiving the data (¶¶4, 57, 74, 83-84, 90, and 93-94; see figures 13-14: configuration/scheduling indicates data transmissions with different SCS, determine gap and SCS switching time period, the switching time period is a guard period where UE is not scheduled and does not receive additional scheduling).
As to claim 6, claim 6 is rejected the same way as claim 1.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN T VAN ROIE whose telephone number is (571)270-0308. The examiner can normally be reached Monday - Friday 8:00am - 4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian N Moore can be reached at 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN T VAN ROIE/Primary Examiner, Art Unit 2469
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