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 . This Action is in response to Applicant’s remarks and amended claims filed on May 26, 2026. Claims 1-2, 9, 12-13, 17, and 21-33 are now pending in the present application. This Action is made FINAL.
Information Disclosure Statement
2. The information disclosure statement(s) submitted on April 28, 2026 has been considered by the Examiner and made of record in the application file.
Specification
3. The amendments to the specification regarding the title received on May 26, 2026. These amendments to the title are accepted.
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 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.
Claim Rejections - 35 USC § 102
4. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 12-13, 17, 21-22, and 26-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ETSI (“TS 138 473 V.16.5.0”, April 2021).
Regarding claim 1, the ETSI document teaches a method of wireless communication (Fig.8.10.2.2-1, page 72), comprising:
receiving, by a first node of an integrated access and backhaul (IAB) network (read as gNB-DU (e.g.: IAB-donor-DU)(Fig.8.10.2.2, page 71)), a resource information that includes resource configuration information (read as gNB-DU receiving a GNB-DU RESOURCE CONFIGURATION message from a gNB-CU. (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.1, and 9.3.1.107, page(s) 69-71 and 210-211)),
transmitting, by the first node (read as gNB-DU (e.g.: IAB-donor-DU)(Fig.8.10.2.2, page 71)), the resource information to a second node. (read as (read as gNB-DU transmitting a GNB-DU RESOURCE CONFIGURATION ACKNOWLEDGE message to a gNB-CU. (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.2, and 9.2.9.4, page(s) 69-71 and 150)),
wherein the resource configuration information (read as gNB-DU Cell Resource Configuration (Section(s) 9.2.9.3 and 9.3.1.107, page(s) 147 and 211)) includes at least one of
(i) gNB-DU (distributed unit) cell resource configuration including at least one of
subcarrier spacing (read as Subcarrier Spacing (Section 9.3.1.107, page 211)), or
(ii) cell specific configuration. (read as “Report Characteristics IE indicates cell specific measurements” (Section 8.2.10, page 37)),
wherein the receiving is performed via
an Xn application protocol (XnAP) message (read as XnAP communication (Section 2, page 16)) or
a F1 application protocol (F1AP) message (read as F1AP message(s)(page Section 6, page 20)) or
a radio resource control (RRC) message. (read as RRC message (Section 8.4, 8.4.2, and 9.2.3.2, page(s) 58-59 and 137-138))
Regarding claim 9, the ETSI document teaches a method of wireless communication (Fig.8.10.2.2-1, page 72), comprising:
receiving, by a first node of an integrated access and backhaul (IAB) network (read as gNB-DU (e.g.: IAB-donor-DU)(Fig.8.10.2.2, page 71)), a resource configuration information from a second node (read as gNB-DU receiving a GNB-DU RESOURCE CONFIGURATION message from a gNB-CU. (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.1, and 9.3.1.107, page(s) 69-71 and 210-211)),
wherein the first node is a first donor node (read as gNB-DU (Fig.8.10.2.2, page 71) For example, “"gNB-DU" applies to IAB-DU and IAB-donor-DU, …”(Section 8.10.0, page 69)),
the second node (read as gNB-CU (Fig.8.10.2.2, page 71); For example, “"gNB-CU" applies to IAB-donor-CU, …”(Section 8.10.0, page 69)) is a second donor node (read as IAB-donor-CU (Section 8.10.0, page 69)), and
wherein the resource configuration information (read as gNB-DU Cell Resource Configuration (Section(s) 9.2.9.3 and 9.3.1.107, page(s) 147 and 211)) includes at least one of
(i) gNB-DU (distributed unit) cell resource configuration including at least one of
subcarrier spacing (read as Subcarrier Spacing (Section 9.3.1.107, page 211)), or
(ii) cell specific configuration. (read as “Report Characteristics IE indicates cell specific measurements” (Section 8.2.10, page 37)),
wherein the receiving is performed via
an Xn application protocol (XnAP) message (read as XnAP communication (Section 2, page 16)) or
a F1 application protocol (F1AP) message (read as F1AP message(s)(page Section 6, page 20)) or
a radio resource control (RRC) message. (read as RRC message (Section 8.4, 8.4.2, and 9.2.3.2, page(s) 58-59 and 137-138))
Regarding claim 12, the ETSI document teaches a method of wireless communication (Fig.8.10.2.2-1, page 72), comprising:
transmitting, by a first node (read as gNB-DU (e.g.: IAB-donor-DU)(Fig.8.10.2.2, page 71)) of an integrated access and backhaul (IAB) network, resource information to a second node (read as gNB-DU transmitting a GNB-DU RESOURCE CONFIGURATION ACKNOWLEDGE message to a gNB-CU. (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.2, and 9.2.9.4, page(s) 69-71 and 150)),
wherein the resource information includes resource configuration information. (read as a GNB-DU RESOURCE CONFIGURATION ACKNOWLEDGE message (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.2, and 9.2.9.4, page(s) 69-71 and 150)), and
wherein the resource configuration information (read as gNB-DU Cell Resource Configuration (Section(s) 9.2.9.3 and 9.3.1.107, page(s) 147 and 211)) includes at least one of
(i) gNB-DU (distributed unit) cell resource configuration including at least one of
subcarrier spacing (read as Subcarrier Spacing (Section 9.3.1.107, page 211)), or
(ii) cell specific configuration. (read as “Report Characteristics IE indicates cell specific measurements” (Section 8.2.10, page 37)), and
wherein the receiving is performed via
an Xn application protocol (XnAP) message (read as XnAP communication (Section 2, page 16)) or
a F1 application protocol (F1AP) message (read as F1AP message(s)(page Section 6, page 20)) or
a radio resource control (RRC) message. (read as RRC message (Section 8.4, 8.4.2, and 9.2.3.2, page(s) 58-59 and 137-138))
Regarding claim 17, the ETSI document teaches a communication apparatus comprising at least one processor configured to implement a method (read as it is inherent that the gNB-DU and gNB-CU can be equipped with a processor to generate and exchange configuration messages as shown Fig.8.10.2.2-1 (page 72)), comprising:
receiving, from a second node (read as a gNB-CU. (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.1, and 9.3.1.107, page(s) 69-71 and 210-211)), a resource configuration information that includes resource configuration information (read as gNB-DU receiving a GNB-DU RESOURCE CONFIGURATION from a gNB-CU. (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.1, and 9.3.1.107, page(s) 69-71 and 210-211)),
wherein the second node (read as gNB-CU (Fig.8.10.2.2, page 71); For example, “"gNB-CU" applies to IAB-donor-CU, …”(Section 8.10.0, page 69)) is a second donor node (read as IAB-donor-CU (Section 8.10.0, page 69)), and
wherein the resource configuration information (read as gNB-DU Cell Resource Configuration (Section(s) 9.2.9.3 and 9.3.1.107, page(s) 147 and 211)) includes at least one of
(i) gNB-DU (distributed unit) cell resource configuration including at least one of
subcarrier spacing (read as Subcarrier Spacing (Section 9.3.1.107, page 211)), or
(ii) cell specific configuration. (read as “Report Characteristics IE indicates cell specific measurements” (Section 8.2.10, page 37)), and
wherein the receiving is performed via
an Xn application protocol (XnAP) message (read as XnAP communication (Section 2, page 16)) or
a F1 application protocol (F1AP) message (read as F1AP message(s)(page Section 6, page 20)) or
a radio resource control (RRC) message. (read as RRC message (Section 8.4, 8.4.2, and 9.2.3.2, page(s) 58-59 and 137-138))
Regarding claim 13, and as applied to claim 12 above, the ETSI document teaches a method wherein the first node corresponds to an IAB node (read as gNB-DU (Fig.8.10.2.2, page 71) For example, “"gNB-DU" applies to IAB-DU and IAB-donor-DU, …”(Section 8.10.0, page 69)) and the second node corresponds to a donor node (read as gNB-CU (Fig.8.10.2.2, page 71); For example, “"gNB-CU" applies to IAB-donor-CU, …”(Section 8.10.0, page 69)),
wherein the first node is a migrating IAB node or a boundary IAB node and the second node corresponds to a donor node, or
wherein the first node corresponds to a first IAB donor node (read as IAB-donor-DU (Section 8.10.0, page 69)) and the second node corresponds to a second IAB donor node (read as IAB-donor-CU (Section 8.10.0, page 69)).
Regarding claim 21, and as applied to claim 17 above, The ETSI document teaches a communication apparatus (Fig.8.10.2.2-1, page 72) wherein the resource configuration information (read as gNB-DU Cell Resource Configuration (Section(s) 9.2.9.3 and 9.3.1.107, page(s) 147 and 211)) includes at least one of
(i) gNB-DU (distributed unit) cell resource configuration including at least one of
subcarrier spacing (read as Subcarrier Spacing (Section 9.3.1.107, page 211)),
DUF (downlink/uplink/flexible) transmission periodicity (read as DUF Transmission Periodicity (Section 9.3.1.107, page 211)),
DUF slot configuration list (read as DUF Slot Configuration List (Section 9.3.1.107, page 211)),
HSNA (hard/soft/not-available) transmission periodicity (read as HSNA Transmission Periodicity (Section 9.3.1.107, page 211)), or
HSNA slot configuration list (read as HSNA Slot Configuration List (Section 9.3.1.107, page 211)), or
(ii) cell specific configuration. (read as Report Characteristics IE (Section 8.2.10, page 37))
Regarding claim 22, and as applied to claim 17 above, the ETSI document teaches a communication apparatus (Fig.8.10.2.2-1, page 72) wherein the receiving is performed via
an Xn application protocol (XnAP) message (read as XnAP communication (Section 2, page 16)) or
a F1 application protocol (F1AP) message (read as F1AP message(s)(page Section 6, page 20)) or
a radio resource control (RRC) message. (read as RRC message (Section 8.4, 8.4.2, and 9.2.3.2, page(s) 58-59 and 137-138))
Regarding claims 29 and 30, and as applied to claims 9 and 12 above, the ETSI document teaches a method (Fig.8.10.2.2-1, page 72) wherein the resource information (read as gNB-DU Cell Resource Configuration (Section(s) 9.2.9.3 and 9.3.1.107, page(s) 147 and 211)) further includes at least one of:
resource availability indication information,
identity of IAB-DU (distributed unit), identity of IAB-DU cell,
identity of collocated IAB-MT (mobile termination),
subcarrier spacing (read as Subcarrier Spacing (Section 9.3.1.107, page 211)),
DUF (downlink/uplink/flexible) transmission periodicity (read as DUF Transmission Periodicity (Section 9.3.1.107, page 211)),
DUF slot configuration list (read as DUF Slot Configuration List (Section 9.3.1.107, page 211)),
HSNA (hard/soft/not-available) transmission periodicity (read as HSNA Transmission Periodicity (Section 9.3.1.107, page 211)), or
HSNA slot configuration list (read as HSNA Slot Configuration List (Section 9.3.1.107, page 211)), or
multiplex capability information, or
wherein the gNB-DU (distributed unit) cell resource configuration (read as gNB-DU Cell Resource Configuration (Section(s) 9.2.9.3 and 9.3.1.107, page(s) 147 and 211)) further includes at least one of
DUF (downlink/uplink/flexible) transmission periodicity (read as DUF Transmission Periodicity (Section 9.3.1.107, page 211)),
DUF slot configuration list (read as DUF Slot Configuration List (Section 9.3.1.107, page 211)),
HSNA (hard/soft/not-available) transmission periodicity (read as HSNA Transmission Periodicity (Section 9.3.1.107, page 211)), or
HSNA slot configuration list. (read as HSNA Slot Configuration List (Section 9.3.1.107, page 211))
Regarding claims 28 and 31, and as applied to claims 1 and 17 above, the ETSI document teaches a communication apparatus (Fig.8.10.2.2-1, page 72) wherein the resource configuration information includes resource configurations (read as GNB-DU RESOURCE CONFIGURATION (Fig.8.10.2.2, page 71 and Section(s) 8.10.2.1, 9.2.9.3, and 9.3.1.107, page(s) 70-71, 147, and 210-211)) of at least one of
(i) another an IAB node (read as Child-Node List IE (Section(s) 8.10.2.2 and 9.2.9.3, page(s) 71 and 148)) or
(ii) a parent node of another the IAB node.
Regarding claims 26 and 32, and as applied to claims 1 and 17 above, the ETSI document teaches a communication apparatus (Fig.8.10.2.2-1, page 72) wherein the resource information (read as gNB-DU Cell Resource Configuration (Section(s) 9.2.9.3 and 9.3.1.107, page(s) 147 and 211)) further includes at least one of:
resource availability indication information,
identity of IAB-DU (distributed unit), identity of IAB-DU cell,
identity of collocated IAB-MT (mobile termination),
subcarrier spacing (read as Subcarrier Spacing (Section 9.3.1.107, page 211)),
DUF (downlink/uplink/flexible) transmission periodicity (read as DUF Transmission Periodicity (Section 9.3.1.107, page 211)),
DUF slot configuration list (read as DUF Slot Configuration List (Section 9.3.1.107, page 211)),
HSNA (hard/soft/not-available) transmission periodicity (read as HSNA Transmission Periodicity (Section 9.3.1.107, page 211)), or
HSNA slot configuration list (read as HSNA Slot Configuration List (Section 9.3.1.107, page 211)), or
multiplex capability information.
Regarding claims 27,, 33, and as applied to claims 1, 9, and 17 above, the ETSI document teaches a communication apparatus (Fig.8.10.2.2-1, page 72) wherein the gNB-DU (distributed unit) cell resource configuration (read as gNB-DU Cell Resource Configuration (Section(s) 9.2.9.3 and 9.3.1.107, page(s) 147 and 211)) further includes at least one of
DUF (downlink/uplink/flexible) transmission periodicity (read as DUF Transmission Periodicity (Section 9.3.1.107, page 211)),
DUF slot configuration list (read as DUF Slot Configuration List (Section 9.3.1.107, page 211)),
HSNA (hard/soft/not-available) transmission periodicity (read as HSNA Transmission Periodicity (Section 9.3.1.107, page 211)), or
HSNA slot configuration list. (read as HSNA Slot Configuration List (Section 9.3.1.107, page 211))
Claim Rejections - 35 USC § 103
5. 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 of this title, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 2 and 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over ETSI (“TS 138 473 V.16.5.0”, April 2021) in view of Yi et al. (U.S. Patent Application Publication # 2024/015633 A1).
Regarding claim 2, and as applied to claim 1 above, the ETSI document teaches a method wherein the first node is a first donor node (read as gNB-DU (Fig.8.10.2.2, page 71) For example, “"gNB-DU" applies to IAB-DU and IAB-donor-DU, …”(Section 8.10.0, page 69)), and
the second node (read as gNB-CU (Fig.8.10.2.2, page 71); For example, “"gNB-CU" applies to IAB-donor-CU, …”(Section 8.10.0, page 69)) corresponds to a
an IAB node or
a donor node (read as IAB-donor-CU (Section 8.10.0, page 69)),
However, the ETSI document fails to explicitly teach wherein the first IAB node is a parent node of a second IAB node.
Yi et al. teach an IAB topology (Fig.1) wherein the first IAB node is a parent node (Fig.1 @ 301) of a second IAB node (Fig.1 @ 100).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the IAB topology as taught by Yi et al. with IAB procedures as taught by the ETSI document for the purpose of improving signaling by devices in an IAB network.
Regarding claim 23, and as applied to claim 1 above, the ETSI document teaches a “"gNB-DU" applies to IAB-DU and IAB-donor-DU, …”(Section 8.10.0, page 69) Also, gNB-DU receiving a GNB-DU RESOURCE CONFIGURATION message from a gNB-CU. (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.1, and 9.3.1.107, page(s) 69-71 and 210-211)
However, the ETSI document fails to explicitly teach wherein the resource information is received from a third node that is a child node of the second node,
wherein the resource information received from the third node is from a fourth node that is another parent node of the third node.
Yi et al. teach IAB topology (Fig(s).1-3, 7, and 10) wherein the resource information is received from a third node that is a child node of the second node (Fig.10),
wherein the resource information received from the third node is from a fourth node that is another parent node of the third node. (Fig.10)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the IAB topology as taught by Yi et al. with IAB procedures as taught by the ETSI document for the purpose of improving signaling by devices in an IAB network.
Regarding claim 24, and as applied to claim 2 above, the ETSI document teaches a “"gNB-DU" applies to IAB-DU and IAB-donor-DU, …”(Section 8.10.0, page 69) Also, gNB-DU receiving a GNB-DU RESOURCE CONFIGURATION message from a gNB-CU. (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.1, and 9.3.1.107, page(s) 69-71 and 210-211)
However, the ETSI document fails to explicitly teach wherein the resource information is received from a fifth node that is a parent node of the second IAB node.
Yi et al. teach IAB topology (Fig(s).1-3, 7, and 10) wherein the resource information is received from a fifth node that is a parent node of the second IAB node.(Fig.7)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the IAB topology as taught by Yi et al. with IAB procedures as taught by the ETSI document for the purpose of improving signaling by devices in an IAB network.
Regarding claim 25, and as applied to claim 1 above, the ETSI document teaches a “"gNB-DU" applies to IAB-DU and IAB-donor-DU, …”(Section 8.10.0, page 69) Also, gNB-DU receiving a GNB-DU RESOURCE CONFIGURATION message from a gNB-CU. (Fig.8.10.2.2, page 71 and Section(s) 8.10.0, 8.10.2.1, and 9.3.1.107, page(s) 69-71 and 210-211)
However, the ETSI document fails to explicitly teach wherein the resource information transmitted to the second node is further transmitted to a first IAB node that is a parent node of a second IAB node.
Yi et al. teach IAB topology (Fig(s).1-3, 7, and 10) wherein the resource information is received from a fifth node that is a parent node of the second IAB node.(Fig.10)
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to employ the IAB topology as taught by Yi et al. with IAB procedures as taught by the ETSI document for the purpose of improving signaling by devices in an IAB network.
Response to Arguments
6. Applicant’s arguments filed on May 26, 2026 with respect to claims 1-2, 9, 12-13, 17, and 21-33 have been considered and are not persuasive. Upon further consideration, the cited prior art reference(s) ETSI (“TS 138 473 V.16.5.0”, April 2021) does address the new amended limitation and new claims set forth within claims 1, 12-13, 17, 21-22, and 26-33. Also , ETSI (“TS 138 473 V.16.5.0”, April 2021) and Yi et al. (U.S. Patent Application Publication # 2024/015633 A1) do address the new amended limitation set forth within dependent claims 2 and 23-25. Therefore, new rejections have been formulated to address the limitations as set forth in claims 1-2, 9, 12-13, 17, and 21-33 rendering the applicant’s amendments filed on May 26, 2026 moot.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure:
Maya et al. (U.S. Patent Application Publication # 2023/0345553 A1) teach “ a method and system for resource allocation and timing alignment in integrated access and backhaul (IAB) network.”(Paragraph [0001])
Hampel et al. (U.S. Patent Application Publication # 2021/0051512 A1) teach “Integrated Access and Backhaul (IAB) compatible devices coupled via backhaul links for packet forwarding.”(Paragraph [0002])
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 response to this Office Action should be faxed to (571) 273-8300 or mailed to:
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
Any inquiry concerning this communication or early communications from the Examiner should be directed to Salvador E. Rivas whose telephone number is (571) 270-1784. The examiner can normally be reached on Monday-Friday from 7:30AM to 5:00PM.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Un C. Cho can be reached on (571) 272- 7919. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist/customer service whose telephone number is (571) 272-2600.
/SALVADOR E RIVAS/Primary Examiner, Art Unit 2413
August 13, 2026
Prosecution Insights