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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 29 June 2026 has been entered.
Response to Amendment
Applicant’s amendment, filed 29 June 2026, has been entered and carefully considered.
Claims 1, 21, 22, 25 and 27 are currently amended.
Claims 13-20 are canceled.
Claims 21-28 are newly added.
Claims 1-12 and 21-28 are currently pending.
The outstanding rejections of Claims 1-12 and 21-28 under 35 U.S.C. 103 are withdrawn in light of Applicant’s amendment to Claims 1, 21 and 27.
Response to Arguments
Noting that Applicant’s remarks reflect agreement reached during the interview held 11 June 2026 and do not point out how the language of the claims patentably distinguishes them from the references, Applicant’s arguments with respect to claim 1 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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 27 July 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6-10, 21, 22, 27 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al (United States Pre-Grant Publication 2023/0124671), hereinafter Lee, in view of Ponugati (United States Pre-Grant Publication 20230164576), hereinafter Ponugati.
Regarding Claim 1, Lee discloses a method, comprising:
transmitting, by a radio access network node to at least one user equipment, a bandwidth part configuration, corresponding to at least one bandwidth part, comprising at least one resource indication associated with at least one resource corresponding to at least one bandwidth part resource set (Figures 6A and 6B and paragraphs 0102-0105 – the network sends an RRC configuration message including a BWP configuration to the device; Figure 7B, step 711 and paragraph 0110 – the network transmits an RRC configuration message including information about at least one BWP available to the device);
transmitting, by the radio access network node to the at least one user equipment, at least one bandwidth part resource assignment indication indicative that the radio access network node has granted at least one grant, to the at least one user equipment, of the at least one resource (Figures 6A and 6B and paragraphs 0102-0105 – the network sends an RRC configuration message including a BWP configuration to the device and completes registration in order for the device to use a selected BWP; Figure 7B, step 711 and paragraph 0110 – the network transmits an RRC configuration message including information about at least one BWP available to the device); and
communicating, by the radio access network node with the at least one user equipment, traffic via the at least one resource (Figure 6A, step 605 and Figure 7A, step 703 / Figure 7B, step 713 – the device performs communication with the network using the selected BWP).
However, Lee does not disclose the radio access node comprising a processor; the at least one bandwidth part resource set that is reassignable from at least one of the at least one bandwidth part to at least one other bandwidth part; analyzing, by the radio access network node, usage of the at least one resource with respect to at least one usage criterion to result in at least one analyzed usage; based on the at least one analyzed usage being determined to satisfy the at least one usage criterion, determining, by the radio access network node, to grant the at least one resource to the at least one user equipment. In an analogous art, Ponugati discloses this. Specifically, Ponugati discloses a radio access network node comprising a processor (paragraphs 0022 and 0027 – bandwidth assignment occurs in an eNodeB, gNB or ng-eNB, which the Office submits inherently comprise a processor). Further, at paragraph 0028 and Figure 5, an operator configures bandwidth thresholds for LTE and NR in the shared bandwidth part (DSS 510) (i.e., reassignable). As described in paragraph 0026, the bandwidth for NR and LTE can be modified based on utilization within each respective radio technology. The operator also configures bandwidth thresholds for NR-only bandwidths in NR 520 and NR 530. When traffic usage of LTE users reaches a threshold set by the operator, the radio network node checks the traffic utilizations in each of NR 520 and NR 530. If traffic usage is lower in any of the bandwidth parts of NR 520 and NR 530, the radio network node can move NR users from DSS 510 to either NR 520 (BWP2), NR 530 (BWP3), or both. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Lee and Ponugati. One would have been motivated to do so in order to manage interference in a spectrum sharing system utilizing both LTE and new radio (NR).
Claim 21 is directed to a radio access node comprising at least one processor, configured to process executable instructions that, when executed by the at least one processor, facilitate performance of operations that are the same as the method steps of Claim 1. Noting that the Office submits that Ponugati discloses a radio access network node inherently comprising a processor (paragraphs 0022 and 0027), Claim 21 is rejected for the same reasons as presented above for Claim 1.
Claim 27 is directed to a non-transitory machine-readable medium, comprising executable instructions that, when executed by a processor of a radio access network node, facilitate performance of operations that are the same as the method steps of Claim 1. Noting that the Office submits that Ponugati discloses a radio access network node inherently comprising a machine-readable medium (paragraphs 0022 and 0027), Claim 27 is rejected for the same reasons as presented above for Claim 1.
Regarding Claim 2, Lee discloses the at least one bandwidth part resource assignment indication is at least one first bandwidth part resource assignment indication (Figures 6A and 6B and paragraphs 0102-0105 – the network sends an RRC configuration message including a BWP configuration to the device and completes registration in order for the device to use a selected BWP; Figure 7B, step 711 and paragraph 0110 – the network transmits an RRC configuration message including information about at least one BWP available to the device), and wherein the method further comprises:
determining, by the radio access network node, to revoke the at least one grant of the at least one resource to the at least one user equipment (paragraphs 0103 and 0111 – the network determines the need to change the BWP (e.g., in response to a request from the device); and
transmitting, by the radio access network node to the at least one user equipment, at least one second bandwidth part resource assignment indication indicative that the radio access network node has revoked the at least one grant of the at least one resource to the at least one user equipment (paragraphs 0103 and 0111 (Figure 7B, step 717) – the network transmits DCI indicating a change from the first BWP to second BWP).
Regarding Claim 3, Lee discloses the at least one user equipment comprises a first user equipment (Figure 3 and paragraph 0089 – the BWP configurations are for a UE),
wherein the at least one grant is at least one first grant (Figures 6A and 6B and paragraphs 0102-0105 – the network sends an RRC configuration message including a BWP configuration to the device and completes registration in order for the device to use a selected BWP; Figure 7B, step 711 and paragraph 0110 – the network transmits an RRC configuration message including information about at least one BWP available to the device),
wherein the traffic is first traffic communicated according to a first usage of the at least one resource (Figure 6A, step 605 and Figure 7B, step 713 – the device performs communication with the network using the selected BWP), and wherein the method further comprises:
determining, by the radio access network node, to grant at least one second grant of the at least one resource to a second user equipment of the at least one user equipment (paragraphs 0103 and 0111 – the network determines the need to change the BWP (e.g., in response to a request from the device);
transmitting, by the radio access network node to the second user equipment, a third bandwidth part resource assignment indication indicative that the radio access network node has granted the at least one second grant of the at least one resource to the second user equipment (Figures 6A-6B – the network transmits a DCI to the device that changes from the first BWP to the second BWP (as shown at steps 607 and 618 (also shown at Figure 7B, step 717)); and
communicating, by the radio access network node with the second user equipment, second traffic according to a second usage of the at least one resource (Figure 6A, step 609 – the device uses the second BWP after receiving the DCI from the network (shown as BWP n2 (619) in Figure 6B); Figure 7A, step 709 – the device performs communication with the network using the second BWP based on reception of the DCI).
Regarding Claim 4, Lee discloses the at least one second bandwidth part resource assignment indication and the third bandwidth part resource assignment indication are a same at least one bandwidth part resource assignment indication (Figures 6A-6B – the network transmits a DCI to the device that changes from the first BWP to the second BWP (as shown at steps 607 and 618 (also shown at Figure 7B, step 717), thereby including indications related to “revoking” the first BWP and granting the second BWP).
Regarding Claim 6, Lee discloses the at least one resource indication comprises at least one resource sharing information element (paragraph 0091 at Table 2 - the BWP configuration comprises common BWP configuration (including CORESET) and dedicated BWP configuration).
Regarding Claim 7, Lee discloses the at least one resource sharing information element comprises information representative of at least one of: a frequency resource size, a frequency offset, a time offset, or a time period (paragraph 0095 at Table 3 – the CORESET includes information representative of duration, therefore meeting the claimed alternative limitation).
Regarding Claim 8, Lee discloses the bandwidth part configuration comprises at least one index being associated with at least one resource sharing information element, and wherein the at least one bandwidth part resource assignment indication comprises the at least one index (paragraph 0091 at Table 2 - the BWP configuration comprises common BWP configuration (including CORESET) and dedicated BWP configuration).
Regarding Claim 9, Lee discloses the at least one resource indication comprises at least one index being associated with at least one resource sharing information element, and wherein the at least one bandwidth part resource assignment indication comprises the at least one resource sharing information element (paragraph 0091 at Table 2 - the BWP configuration comprises common BWP configuration (including CORESET) and dedicated BWP configuration).
Regarding Claim 10, Lee discloses the bandwidth part configuration comprises multiple resource indications, of the at least one resource indication, being associated with different bandwidth part resource pattern indices corresponding to different bandwidth part resource patterns, and wherein the at least one bandwidth part resource assignment indication comprises at least one of the different bandwidth part resource pattern indices (paragraph 0091 at Table 2 - the BWP configuration comprises common BWP configuration (including CORESET) and dedicated BWP configuration and part of a BWP list, as well as IDs for firstActiveDownlinkBWP and default DownlinkBWP).
Regarding Claim 22, Lee further discloses wherein the at least one user equipment comprises a first user equipment group, wherein the bandwidth part configuration comprise a first bandwidth part configuration corresponding to a first bandwidth part, wherein the first bandwidth part configuration comprises at least one resource indication indicative of at least one first resource corresponding to at least one first bandwidth part resource set, usable by at least one first user equipment of the first user equipment group (Figures 6A-6B – the network transmits a DCI to the device that changes from the first BWP to the second BWP (as shown at steps 607 and 618 (also shown at Figure 7B, step 717), thereby including a dynamic BWP configuration), at least one bandwidth part downlink control channel resource indication indicative of a downlink control channel resource usable by the at least one first user equipment of the first user equipment group to receive a bandwidth part resource assignment indication (paragraph 0096 – a PDCCH may be transmitted in the BWP; paragraph 0098 – values in the received configuration are utilized for PDCCH monitoring), wherein the bandwidth part resource assignment indication is a first bandwidth part resource assignment indication (Figures 6A and 6B and paragraphs 0102-0105 – the network sends an RRC configuration message including a BWP configuration to the device and completes registration in order for the device to use a selected BWP; Figure 7B, step 711 and paragraph 0110 – the network transmits an RRC configuration message including information about at least one BWP available to the device), and wherein the operations further comprise:
transmitting, to the at least one first user equipment of the first group of user equipment according to the at least one bandwidth part downlink control channel resource, a second bandwidth part resource assignment indication indicative that the at least one first resource has been revoked with respect to the at least one first user equipment of the first group of user equipment (paragraphs 0103 and 0111 (Figure 7B, step 717) – the network transmits DCI indicating a change from the first BWP to second BWP).
However, Lee does not disclose at least one first bandwidth part resource set that is reassignable. In an analogous art, Ponugati discloses this. Specifically, Ponugati discloses, at paragraphs 0026 and 0028 and Figure 5, an operator configures bandwidth thresholds for LTE and NR in the shared bandwidth part (DSS 510) (i.e., reassignable). The operator also configures bandwidth thresholds for NR-only bandwidths in NR 520 and NR 530. When traffic usage of LTE users reaches a threshold set by the operator, the radio network node checks the traffic utilizations in each of NR 520 and NR 530. If traffic usage is lower in any of the bandwidth parts of NR 520 and NR 530, the radio network node can move NR users from DSS 510 to either NR 520 (BWP2), NR 530 (BWP3), or both. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Lee and Ponugati. One would have been motivated to do so in order to manage interference in a spectrum sharing system utilizing both LTE and new radio (NR).
Regarding Claim 28, the combination of Lee and Ponugati discloses the at least one usage criterion is based at least on at least one quality of service performance target corresponding to the at least one bandwidth part (paragraphs 0018 and 0026 of Ponugati – utilization in both LTE and NR is evaluated against defined thresholds in order to determine bandwidth allocations in either technology). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine Lee and Ponugati. One would have been motivated to do so in order to manage interference in a spectrum sharing system utilizing both LTE and new radio (NR).
Claims 5, 11, and 23-26 are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Ponugati as applied to claims 1, 2 and 22 above, and further in view of Islam et al (United States Pre-Grant Publication US 2023/0051415), hereinafter Islam.
Regarding Claim 5, the combination of Lee and Ponugati discloses all of the limitations of Claim 2, as described above. Lee further discloses the at least one user equipment comprises a first user equipment (Figure 3 and paragraph 0089 – the BWP configurations are for a UE). However, the aforementioned references do not disclose avoiding, by the radio access network node, transmitting, to a second user equipment of the at least one user equipment that is configured to use a different bandwidth part than the bandwidth part that comprises the bandwidth part resource set, the at least one second bandwidth part resource assignment indication. In analogous art, Islam discloses this. Specifically, Islam discloses a radio unit (RU) functioning as a repeater for BWP allocations to UEs (see Figure 5). In this environment, the RU uses distinct BWPs to communicate with respective UEs (BWP2 for UE1 and BWP3 for UE2), thereby “avoiding” transmitting to a UE configured to use a different bandwidth part than another UE (paragraph 0033). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Lee/Ponugati with Islam. One would have been motivated to do so in order to in order to reduce UE BWP switching delay (see paragraph 0003 of Islam).
Regarding Claim 11, the combination of Lee and Ponugati discloses all of the limitations of Claim 1, as described above. Lee further discloses the bandwidth part configuration is a dynamic bandwidth part configuration, wherein the bandwidth part resource set is a dynamic bandwidth part resource set, wherein a first group of user equipment comprises the at least one user equipment (Figures 6A-6B – the network transmits a DCI to the device that changes from the first BWP to the second BWP (as shown at steps 607 and 618 (also shown at Figure 7B, step 717), thereby including a dynamic BWP configuration). However, the combination of Lee and Ponugati does not disclose a second group of user equipment comprises at least one different user equipment that is not part of the first group of user equipment, wherein the transmitting the dynamic bandwidth part configuration comprises transmitting the dynamic bandwidth part configuration to the first group of user equipment, and wherein the method further comprises: transmitting, by the radio access network node to the second group of user equipment, a static bandwidth part configuration that corresponds to the bandwidth part, wherein the static bandwidth part configuration comprises configuration information indicative, to the second group of user equipment, a static bandwidth part resource set, usable by the second group of user equipment, of the bandwidth part that is different from the dynamic bandwidth part resource set. In an analogous art, Islam discloses a separate group of user equipment (Figure 5, wherein UE1 and UE2 are assigned different resources) and the radio unit performs BWP switching on a semi-static or dynamic manner depending on whether the UEs have a corresponding semi-static/dynamic BWP switching schedule (paragraph 0036). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Lee/Ponugati with Islam. One would have been motivated to do so in order to reduce UE BWP switching delay (see paragraph 0003 of Islam).
Regarding Claim 23, the combination of Lee and Ponugati discloses the limitations of Claim 22, as described above. However, the aforementioned references do not disclose wherein the at least one user equipment further comprises a second user equipment group, and wherein the operations further comprise: transmitting, to at least one second user equipment of the second user equipment group, a second bandwidth part configuration corresponding to a second bandwidth part, wherein the second bandwidth part configuration comprises at least one static resource indication indicative of at least one static resource that is nonoverlapping with the at least one first bandwidth part resource set. In an analogous art, Islam discloses this. In an analogous art, Islam discloses a separate group of user equipment (Figure 5, wherein UE1 and UE2 are assigned different resources) and the radio unit performs BWP switching on a semi-static or dynamic manner depending on whether the UEs have a corresponding semi-static/dynamic BWP switching schedule (paragraph 0036). Further, as the BWPs can be on multiple component carriers and switching results in a switching delay, the resources do not overlap in time (refer to paragraph 0029). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Lee/Ponugati with Islam. One would have been motivated to do so in order to reduce UE BWP switching delay (see paragraph 0003 of Islam).
Regarding Claim 24, the combination of Lee, Ponugati and Islam discloses wherein the operations further comprise: avoiding transmitting, to the at least one second user equipment, the bandwidth part resource assignment indication (Figure 5 and paragraph 0033 of Islam). Specifically, Islam discloses a radio unit (RU) functioning as a repeater for BWP allocations to UEs (see Figure 5). In this environment, the RU uses distinct BWPs to communicate with respective UEs (BWP2 for UE1 and BWP3 for UE2), thereby “avoiding” transmitting to a UE configured to use a different bandwidth part than another UE (paragraph 0033). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine Lee/Ponugati with Islam. One would have been motivated to do so in order to in order to reduce UE BWP switching delay (see paragraph 0003 of Islam).
Regarding Claim 25, the combination of Lee and Ponugati discloses the limitations of Claim 22, as described above. Lee further discloses the downlink control channel resource (paragraph 0096 – a PDCCH may be transmitted in the BWP; paragraph 0098 – values in the received configuration are utilized for PDCCH monitoring). However, the aforementioned references do not disclose wherein the at least one user equipment further comprises a second user equipment group, wherein the bandwidth part configuration comprise a second bandwidth part configuration corresponding to a second bandwidth part, and wherein the operations further comprise: transmitting, to at least one second user equipment of the second user equipment group according to the bandwidth part downlink control channel resource, a second bandwidth part resource assignment indication indicative that the radio access network node has assigned, to the second bandwidth part, the at least one first resource; and communicating with the second user equipment according to the at least one first resource. In an analogous art, Islam discloses this. In an analogous art, Islam discloses a separate group of user equipment (Figure 5, wherein UE1 and UE2 are assigned different resources) and the radio unit performs BWP switching on a semi-static or dynamic manner depending on whether the UEs have a corresponding semi-static/dynamic BWP switching schedule (paragraph 0036). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Lee/Ponugati with Islam. One would have been motivated to do so in order to reduce UE BWP switching delay (see paragraph 0003 of Islam).
Regarding Claim 26, the combination of Lee, Ponugati and Islam further discloses wherein the at least one usage criterion is defined with respect to at least one utilization threshold, wherein the at least one usage corresponding to the first user equipment group is a first usage, wherein the at least one usage comprises a second usage corresponding to the second user equipment group, and wherein the at least one usage criterion is satisfied by the first usage being determined to be lower than the at least one utilization threshold and the second usage being determined to be higher than the utilization threshold (paragraphs 0018 and 0026 of Ponugati – utilization in both LTE and NR is evaluated against defined thresholds in order to determine bandwidth allocations in either technology). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to further combine Lee and Ponugati. One would have been motivated to do so in order to manage interference in a spectrum sharing system utilizing both LTE and new radio (NR).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Ponugati and Islam as applied to claim 11 above, and further in view of Priyanto et al (United States Pre-Grant Publication US 20240397469), hereinafter Priyanto. The combination of Lee, Ponugati and Islam discloses the limitations of Claim 11, as described above. However, the aforementioned references do not disclose the first group of user equipment corresponds to a first quality-of-service, wherein the second group of user equipment corresponds to a second quality-of-service, and wherein the second quality-of-service corresponds to at least one of: a data rate that is higher than a data rate that corresponds to the first quality-of-service, a latency that is lower than a latency that corresponds to the first quality-of-service, or a reliability that is higher than reliability that corresponds to the first quality-of-service. In an analogous art, Priyanto discloses this. Specifically, Priyanto discloses using different BWPs based on payload size and traffic/signal type (paragraph 0057). For example traffic/signal types, different BWPs can support various transmission types, such as a narrow BWP for a low speed data traffic (e.g. mMTC use case), and a wider BWP for a high-speed data traffic (e.g., eMBB use case) (described in paragraphs 0057-0058). Additionally, the UE can use a BWP for low latency application (e.g., URLLC). Therefore, the “data rate” and “latency” limitations are met by Priyanto’s disclosure. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Lee/Ponugati/Islam with Priyanto. One would have been motivated to do so in order to provide lower latency for UE positioning measurement result reporting (paragraph 0007 of Priyanto).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Elkourdi et al (WIPO Publication 2023/055934) is directed to shifting SSB and CORESETs in an initial BWP to avoid interference.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW W. CHRISS whose telephone number is (571)272-1774. The examiner can normally be reached Monday-Friday, 8am-4pm ET.
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/ANDREW W CHRISS/Primary Examiner, Art Unit 2472
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