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 .
Claim Rejections - 35 USC § 102
2. 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 (i.e., changing from AIA to pre-AIA ) 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.
3. 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.
4. Claims 1-2, 6-10, 12-15, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhu et al., (European Patent Application: EP 3 099 096 A1).
Regarding Claim 1, Zhu discloses a user equipment (UE), comprising: (Zhu, Abstract, user terminal is an UE, Fig. 1 illustrates UE. paragraphs [0016]-[0018] disclose user terminals UEA UEB)
one or more memories storing processor-executable code; (Zhu, Abstract, user terminal is an UE, paragraphs [0016]-[0018] disclose user terminals UEA UEB. It is well understood in the art that UE (user terminal) has one or more memories storing processor executable code or instructions) and
one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the UE to: (Zhu, Abstract, user terminal is an UE, paragraphs [0016]-[0018] disclose user terminals UEA UEB, It is well understood in the art that UE (user terminal) has one or more processors which are coupled with one or more memories which execute the code or instructions)
transmit, to a first network, a measurement of a signal received from a second network; (Zhu, paragraph [0006] discloses first network (A), and second network (B). It also discloses measuring signal of/from the second network (B))
receive, from the first network, information for sharing a frequency band between the first network and the second network, wherein the information for sharing the frequency band is based at least in part on the measurement of the signal received from the second network; (Zhu, paragraph [0006] discloses first network (A), and second network (B). Paragraph [0007] discloses about sharing a spectrum (frequency) resource between different operators/networks in a certain range/band, Fig. 2, paragraphs [0011]-[0016] and Fig. 3, paragraphs [0017]-[0033] are related to implementing spectrum sharing between different networks) and
transmit, to the second network, the information for sharing the frequency band between the first network and the second network. (Zhu, paragraph [0006] discloses first network (A), and second network (B). Paragraph [0007] discloses about sharing a spectrum (frequency) resource between different operators/networks. Fig. 2, paragraphs [0011]-[0016] and Fig. 3, paragraphs [0017]-[0033] are related to implementing spectrum sharing between different networks, Figs. 1 through 6, and paragraphs [0001]-[0048] provide details on spectrum sharing with emphasis on Figs. 2-3 paragraphs [0011]-[0036])
Regarding Claim 2, Zhu discloses the UE of claim 1, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to: Zhu, Abstract, user terminal is an UE, paragraphs [0016]-[0018] disclose user terminals UEA UEB, It is well understood in the art that UE (user terminal) has one or more processors which are coupled with one or more memories which execute the code or instructions)
receive, from the first network, a configuration for the UE to use to measure the signal from the second network; (Zhu, paragraph [0006] discloses first network (A), and second network (B). It also discloses measuring signal of the second network (B))
and
receive, from the second network, the signal to generate the measurement of the signal from the second network using the configuration received from the first network. (Zhu, paragraph [0006] discloses first network (A), and second network (B). It also discloses measuring signal of the second network (B))
Regarding Claim 6, Zhu discloses the UE of claim 1, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to: Zhu, Abstract, user terminal is an UE, paragraphs [0016]-[0018] disclose user terminals UEA UEB, It is well understood in the art that UE (user terminal) has one or more processors which are coupled with one or more memories which execute the code or instructions)
perform licensed communication with the first network based at least in part on the information for sharing the frequency band or unlicensed communication with the second network based at least in part on the information for sharing the frequency band. (Zhu, Figs. 2-5, paragraphs [0011]-[0036])
Regarding Claim 7, Zhu discloses the UE of claim 1, wherein the one or more processors are individually or collectively further operable to execute the code to cause the UE to: Zhu, Abstract, user terminal is an UE, paragraphs [0016]-[0018] disclose user terminals UEA UEB, It is well understood in the art that UE (user terminal) has one or more processors which are coupled with one or more memories which execute the code or instructions)
receive one or more parameters from the second network, the one or more parameters associated with one or more signaling criteria for the first network to accommodate the second network in the frequency band; and transmit the one or more parameters to the first network. (Zhu, Figs. 2-5, paragraphs [0011]-[0036])
Regarding Claim 8, Zhu discloses a network entity, comprising: (Zhu, paragraphs [0015]-[0018] SeNBA, and SeNBB which is being interpreted as a network entity)
one or more memories storing processor-executable code (Zhu, paragraphs [0015]-[0018] SeNBA, and SeNBB which are being interpreted as network entity, It is well understood in the art that a network entity (eNB) has one or more memories storing instructions and executable by the processor); and
one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the network entity to: (Zhu, paragraphs [0015]-[0018] SeNBA, and SeNBB, It is well understood in the art that a network entity (eNB) has one or more processors coupled with one or more memories, the processor executes the code or instructions to the network entity)
obtain, at a first network from a user equipment (UE), a measurement of a signal received at the UE from a second network; (Zhu, paragraph [0006] discloses first network (A), and second network (B). It also discloses measuring signal of the second network (B)) and
output, to the UE from the first network, information for sharing a frequency band between the first network and the second network, wherein the information for sharing the frequency band is based at least in part on the measurement of the signal received from the second network. (Zhu, paragraph [0006] discloses first network (A), and second network (B). Paragraph [0006] also discloses measuring a signal of/from the second network (B), Paragraph [0007] discloses about sharing a spectrum (frequency) resource between different operators/networks in a certain range/band, Fig. 2, paragraphs [0011]-[0016] and Fig. 3, paragraphs [0017]-[0033] are related to implementing spectrum sharing between different networks, paragraph [0006] discloses the measurement of the signal)
Regarding Claim 9, Zhu discloses the network entity of claim 8, wherein the one or more processors are individually or collectively further operable to execute the code to cause the network entity to: (Zhu, paragraphs [0015]-[0018] SeNBA, and SeNBB which are being interpreted as network entity, It is well understood in the art that a network entity (eNB) has one or more memories storing instructions and executable by the processor)
output, to the UE from the first network, a configuration for the UE to use to measure the signal from the second network, wherein the measurement of the signal is based at least in part on the configuration of the UE. (Zhu, Abstract, paragraph [0006] discloses first network (A) and a second network (B), it also discloses measuring a signal of the second network (B))
Regarding Claim 10, Zhu discloses the network entity of claim 8, wherein, to output the information for sharing the frequency band, the one or more processors are individually or collectively operable to execute the code to cause the UE to broadcast the information via a system information block (SIB). (Zhu, Figs. 2-3, paragraph [0011] disclose process of sharing spectrum between operator A and operator B, Further, paragraphs [0006]-[0007], and paragraphs [0034] disclose spectrum sharing/frequency bands shared. Fig. 6, paragraph [0040] discloses spectrum sharing and allocation, Further, it is well understood in the art that processor execute the code instructions to cause user equipment to broadcast the information via a system information block (SIB))
Regarding Claim 12, Zhu discloses the network entity of claim 8, wherein the one or more processors are individually or collectively further operable to execute the code to cause the network entity to: (Zhu, paragraphs [0015]-[0018] SeNBA, and SeNBB which are being interpreted as network entity, It is well understood in the art that a network entity (eNB) has one or more memories storing instructions and executable by the processor)
obtain a measurement report from the UE indicating that a channel of the frequency band is vacated; (Zhu, paragraph [0034] discloses frequency bands) and
discontinue outputting the information for sharing the frequency band based at least in part on the measurement report. (Zhu, Figs. 2-3, paragraph [0011] disclose process of sharing spectrum between operator A and operator B, Further, paragraphs [0006]-[0007], and paragraphs [0034] disclose spectrum sharing/frequency bands shared. Fig. 6, paragraph [0040] discloses spectrum sharing and allocation, Abstract discloses measurement report, Fig. 2, paragraph [0013] step 1 discloses perform measurement and reporting)
Regarding Claim 13, Zhu discloses the network entity of claim 8, wherein the one or more processors are individually or collectively further operable to execute the code to cause the network entity to: (Zhu, paragraphs [0015]-[0018] SeNBA, and SeNBB which are being interpreted as network entity, It is well understood in the art that a network entity (eNB) has one or more memories storing instructions and executable by the processor)
obtain one or more parameters from the UE, the one or more parameters associated with one or more signaling criteria for the first network to accommodate the second network in the frequency band; (Zhu, Figs. 2-3, paragraphs [0011]-[0036], paragraph [0034] discloses frequency bands) and
communicate via the frequency band based at least in part on the one or more parameters. (Zhu, Figs. 2-3, paragraphs [0011]-[0036], paragraph [0034] discloses frequency bands)
Regarding Claim 14, Zhu discloses an access point (AP), comprising: (Zhu, Abstract, operation management node is being interpreted as an access point (AP))
one or more memories storing processor-executable code; (Zhu, Abstract, it is well understood in the art that an access point (AP) consists of one or more memories storing processor-executable code or instructions) and
one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the AP to: (Zhu, Abstract, it is well understood in the art that an access point (AP) consists of one or more processors coupled with one or more memories to execute code or instructions to the AP)
receive, from a user equipment (UE), information for sharing a frequency band between a first network and a second network that includes the AP; (Zhu, paragraph [0034] discloses frequency bands shared by two operators)
transmit, via the second network, the information for sharing the frequency band between the first network and the second network; (Zhu, Figs. 2-3, paragraphs [0011]-[0036], paragraph [0034] discloses frequency bands shared by two operators (i.e. between first network and second network) and
receive, via the second network, a configuration of signaling for the frequency band, the configuration of signaling based at least in part on the information for sharing the frequency band. (Zhu, Figs. 2-3, paragraphs [0011]-[0036], paragraph [0034] discloses sharing the frequency band)
Regarding Claim 15, Zhu discloses the AP of claim 14, wherein the one or more processors are individually or collectively further operable to execute the code to cause the AP to: (Zhu, Abstract, it is well understood in the art that an access point (AP) consists of one or more processors coupled with one or more memories to execute code or instructions to the AP)
refrain from signaling in a channel of the frequency band based at least in part on the configuration of signaling for the frequency band. (Zhu, Figs. 2-3, paragraphs [0011]-[0036], the paragraph [0034] discloses frequency band explicitly)
Regarding Claim 20, Zhu discloses the AP of claim 14, wherein the one or more processors are individually or collectively further operable to execute the code to cause the AP to: (Zhu, Abstract, it is well understood in the art that an access point (AP) consists of one or more processors coupled with one or more memories to execute code or instructions to the AP)
receive one or more parameters via the second network, the one or more parameters associated with one or more signaling criteria for the first network to accommodate the second network in the frequency band; (Zhu, Figs. 2-3, paragraphs [0011]-[0036], the paragraph [0034] discloses frequency band) and
transmit the one or more parameters to the UE. (Zhu, Figs. 2-3, paragraphs [0011]-[0036])
Claim Rejections - 35 USC § 103
5. 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 (i.e., changing from AIA to pre-AIA ) 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.
6. 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.
7. The factual inquiries 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.
8. Claims 3-5, 11 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu et al., (European Patent Application: EP 3 099 096 A1), in view of Lopes et al., (Pub. No.: US 2015/0036509 A1).
Regarding Claim 3, Zhu discloses the UE of claim 1, wherein, to transmit the information for sharing the frequency band, the one or more processors are individually or collectively operable to execute the code to cause the UE to transmit the information (Zhu, Abstract, paragraphs [0001]-[0048] are related to the spectrum sharing, user terminal is an UE, paragraphs [0016]-[0018] disclose user terminals UEA UEB, It is well understood in the art that UE (user terminal) has one or more processors which are coupled with one or more memories which execute the code or instructions)
Zhu does not explicitly disclose following:
in an enhanced broadcast service (EBCS) uplink frame.
However, Zhu in view of Lopes disclose following:
in an enhanced broadcast service (EBCS) uplink frame. (Lopes, paragraphs [0004], [0049], Fig. 1, paragraphs [0054]-[0055] disclose reverse link which is an uplink 118, paragraph [0097] discloses enhanced multimedia broadcast multicast service (eMBMS) which is an enhanced broadcast service (EBCS))
It would have been obvious to a person having ordinary skill in the art to be motivated to combine the teachings of Zhu before the effective filing date of the claimed invention with that of Lopes so that in an enhanced broadcast service (EBCS) uplink frame be included in the UE. The motivation to combine the teachings of Lopes would enable verification of authorized shared access operation. (Lopes, Abstract, paragraphs [0002]-[0010])
Regarding Claim 4, The combination of Zhu and Lopes disclose the UE of claim 1, wherein, to receive the information for sharing the frequency band, one or more processors are individually or collectively further operable to execute the code to cause the UE to receive the information from a broadcast via a system information block (SIB). (Lopes, paragraph [0097] discloses enhanced multimedia broadcast multicast service (eMBMS) which is an enhanced broadcast service (EBCS) which is received via a system information block (SIB))
The motivation is same as that for claim 3.
Regarding Claim 5, The combination of Zhu and Lopes disclose the UE of claim 1, wherein the information for sharing the frequency band comprises a certificate associated with the first network, a control indication to vacate a channel of the frequency band, a control indication to reduce transmit power in a channel of the frequency band, an indication of a time period for one or more control indications, an indication of time, an identifier of the first network, or any combination thereof. (Lopes, paragraphs [0003], [0065] discloses transmit power, Fig. 7, paragraph [0080], Fig. 8, paragraph [0083] disclose transmit power, paragraphs [0094], [0097], Fig. 23, paragraph [0131], and paragraph [0209] disclose transmit power / transmit power levels. Claim 6, and 26 suggest controlling of transmit power levels, paragraphs [0139], and [0161] disclose time period, paragraphs [0181]-[0185] disclose certificate based security, various paragraphs disclose channel, Fig. 21, paragraph [0129] discloses channel, paragraph [0167] discloses vacate a particular channel)
Regarding Claim 11, The combination of Zhu and Lopes disclose the network entity of claim 8, wherein the information for sharing the frequency band comprises a certificate associated with the first network, a control indication to vacate a channel of the frequency band, a control indication to reduce transmit power in a channel of the frequency band, an indication of a time period for one or more control indications, an indication of time, an identifier of the first network, or any combination thereof. (Lopes, paragraphs [0003], [0065] discloses transmit power, Fig. 7, paragraph [0080], Fig. 8, paragraph [0083] disclose transmit power, paragraphs [0094], [0097], Fig. 23, paragraph [0131], and paragraph [0209] disclose transmit power / transmit power levels. Claim 6, and 26 suggest controlling of transmit power levels, paragraphs [0139], and [0161] disclose time period, paragraphs [0181]-[0185] disclose certificate based security, various paragraphs disclose channel, Fig. 21, paragraph [0129] discloses channel, paragraph [0167] discloses vacate a particular channel)
Regarding Claim 16, The combination of Zhu and Lopes disclose the AP of claim 14, wherein the one or more processors are individually or collectively further operable to execute the code to cause the AP to:
reduce a transmit power for signaling in a channel of the frequency band based at least in part on the configuration of signaling for the frequency band. (Lopes, paragraphs [0003], [0065] discloses transmit power, Fig. 7, paragraph [0080], Fig. 8, paragraph [0083] disclose transmit power, paragraphs [0094], [0097], Fig. 23, paragraph [0131], and paragraph [0209] disclose transmit power / transmit power levels. Claim 6, and 26 suggest controlling of transmit power levels)
The motivation is same as that for claim 3.
Regarding Claim 17, The combination of Zhu and Lopes disclose the AP of claim 14, wherein, to receive the information for sharing the frequency band, the one or more processors are individually or collectively operable to execute the code to cause the UE to receive the information in an enhanced broadcast service (EBCS) uplink frame. (Lopes, paragraphs [0004], [0049], Fig. 1, paragraphs [0054]-[0055] disclose reverse link which is an uplink 118, paragraph [0097] discloses enhanced multimedia broadcast multicast service (eMBMS) which is an enhanced broadcast service (EBCS))
The motivation is same as that for claim 3.
Regarding Claim 18, The combination of Zhu and Lopes disclose the AP of claim 14, wherein the information for sharing the frequency band comprises a certificate associated with the first network, a control indication to vacate a channel of the frequency band, a control indication to reduce transmit power in a channel of the frequency band, an indication of a time period for one or more control indications, an indication of time, an identifier of the first network, or any combination thereof. (Lopes, paragraphs [0003], [0065] discloses transmit power, Fig. 7, paragraph [0080], Fig. 8, paragraph [0083] disclose transmit power, paragraphs [0094], [0097], Fig. 23, paragraph [0131], and paragraph [0209] disclose transmit power / transmit power levels. Claim 6, and 26 suggest controlling of transmit power levels, paragraphs [0139], and [0161] disclose time period, paragraphs [0181]-[0185] disclose certificate based security, various paragraphs disclose channel, Fig. 21, paragraph [0129] discloses channel, paragraph [0167] discloses vacate a particular channel)
The motivation is same as that for claim 3.
Regarding Claim 19, The combination of Zhu and Lopes disclose the AP of claim 14, wherein the configuration of signaling for the frequency band is formatted in accordance with transport layer security. (Lopes, paragraphs [0181]-[0185] disclose certificate based security)
The motivation is same as that for claim 3.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANJAY K DEWAN whose telephone number is (571)272-4086. The examiner can normally be reached 9 AM to 5:30 PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A. Jensen can be reached at (571)270-5443. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.K.D./Examiner, Art Unit 2472
/NICHOLAS A JENSEN/Supervisory Patent Examiner, Art Unit 2472