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 Amendment
Applicant’s arguments with respect to claim(s) 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.
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) 1-7, 15-17, 19-22, 26-27, 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Shimezawa et al. (Pub. No. 20130142125).
*Regarding to claims with optional language “OR”, Examiner selects only one to reject.
- With respect to claims 1, 7, 19, 29-30, Shimezawa teaches an apparatus for wireless communication at a first user equipment (UE) (e.g. mobile terminal in Fig. 11), comprising: at least one memory; and at least one processor coupled to the at least one memory and, based at least in part on information stored in the at least one memory, the at least one processor (e.g. inherently to understand that mobile terminal comprises memory and processor), is configured to: configure a first distribution of a set of radio capabilities over a plurality of operational scenarios, wherein the set of radio capabilities includes a set of antenna resources of the first UE, and wherein the first distribution of the set of radio capabilities includes a distribution of the set of antenna resources over the plurality of operational scenarios; (e.g. Fig. 1 shows table of mobile terminal capability information and the state of support for channel state measurement reference signal for 8 antenna ports); transmit, to a network entity, a signal comprising at least one portion of the first distribution to indicate to the network entity to configure a scheduling configuration based on the at least one portion of the first distribution (e.g. Fig. 12 shows the mobile terminal transmit to base station. see par. 07 and scheduling that base station perform based on UE report see par. 80, 83); and communicate, based on the first distribution of the set of radio capabilities and the scheduling configuration, with the network entity, wherein the scheduling configuration is applied while the first UE is in a radio resource control (RRC)-connected state (e.g. Fig. 12 shows the communication between UE and Base station through RRC and Fig. 3 shows the time slot of communication). Shimezawa explicitly fails to teach the set of radio capabilities includes a set of antenna resources of the first UE, and wherein the first distribution of the set of radio capabilities includes a distribution of the set of antenna resources over the plurality of operational scenarios, but implicitly discloses the antenna ports (Fig. 1; par. 35 discloses “A communication system of the first embodiment includes a base station (base station device, transmitter, cell, transmission point, a group of transmission antennas, a group of transmission antenna ports, component carrier, eNodeB, first transmission device), and a mobile terminal (terminal device, reception point, reception terminal, receiver, second communication device, a group of reception antennas, a group of reception antenna ports, UE”; par. 41, 46) which consider as antenna resource over the plurality of operational scenarios which would have been obvious to a person of ordinary skill in the art before the effective filling date to consider group of transmission antenna ports as set of antenna resource for transmitting data over wireless network over operational scenarios.
- With respect to claims 2, 20, Shimezawa teaches the plurality of operational scenarios comprises: a plurality of radio access technologies (RATs) associated with the first UE, a plurality of frequency bands associated with the first UE, a plurality of combinations of the plurality of frequency bands associated with the first UE, a plurality of component carriers (CCs) associated with the first UE (e.g. Fig. 1 shows the capability information of UE with CCs), or an access link with the network entity and a sidelink with a second UE.
- With respect to claims 3, 21, Shimezawa teaches wherein the set of radio capabilities includes one or more of: a set of antenna resources of the first UE, a set of transmission capabilities of the first UE, or a set of supported bandwidths of the first UE (e.g. fig. 1 shows the antenna ports in communication between UE and base station and carrier aggregation information (number of CCs/bandwidth) and Fig. 11).
- With respect to claims 4, 22, Shimezawa teaches wherein the set of transmission capabilities of the first UE includes one or more: a maximum number of multiple-input multiple-output (MIMO) layers (e.g. fig. 1, 2 shows the maximum number of spatial multiplexing and ), or a modulation order.
- With respect to claim 5, Shimezawa teaches wherein the plurality of operational scenarios includes the plurality of RATs comprising a first RAT associated with the network entity, and wherein the signal comprises: a distribution of the set of radio capabilities on the first RAT (e.g. par. 8-10 discloses radio technologist).
- With respect to claim 6, Shimezawa teaches wherein the signal includes one or more of: a deactivation of one or more cells associated with the first UE, or a change to the maximum number of the MIMO layers (e.g. the Fig. 2 shows the mobile category vs maximum number change).
- With respect to claims 15, 26, Shimezawa teaches wherein the at least one processor is further configured to, prior to the configuration of the first distribution of the set of radio capabilities: configure a slot pattern comprising a first type and a second type (e.g. Fig. 3 shows slot pattern with channel state measurement and reference signal for data signal), and wherein, to configure the first distribution of the set of radio capabilities, the at least one processor, individually or in any combination, is configured to: configure, in response to the first UE being on a first slot of the first type, a preconfigured distribution of the set of radio capabilities, or configure, in response to the first UE being on a second slot of the second type, the first distribution of the set of radio capabilities (e.g. Fig. 3, 4 shows slot with channel state measurement and reference signal for data).
- With respect to claim 16, Shimezawa teaches wherein, to configure the slot pattern, the at least one processor, configured to: set the slot pattern, and report the slot pattern to the network entity; receive a slot pattern suitability from the network entity, and set the slot pattern based on the slot pattern suitability, or transmit a UE suitability to the network entity, and receive the slot pattern from the network entity, wherein the slot pattern is based on the UE suitability (e.g. Fig. 3 and 4 shows slot pattern).
- With respect to claim 17, Shimezawa teaches the slot pattern is based on a pattern type of one slot across the plurality of CCs associated with the first UE (see Fig. 1 shows the CC and Fig. 3,4).
- With respect to claim 27, Shimezawa teaches wherein the at least one processor, individually or in any combination, is further configured to, prior to the communication with the first UE: transmit, for the first UE, a network response for the signal, wherein the network response comprises one or more of: an acknowledgement (ACK) to the signal, a negative ACK (NACK) to the signal, or a network suitability for distributing the set of radio capabilities (e.g. par. 5 discloses “An adaptive control unit 1101 performs adaptive control on the data signal for mobile terminal 1110, based on the received feedback information.”).
Allowable Subject Matter
Claims 8-14, 18, 23-25, 28 are 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.
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 PHUC H TRAN whose telephone number is (571)272-3172. The examiner can normally be reached M-F 8-5 Flex.
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/PHUC H TRAN/Primary Examiner, Art Unit 2471