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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
None of the instant claims invoke U.S.C. 112(f). The term “controller” as recited in apparatus claims 11-12 is known in the art to be equivalent to a “control unit” which is hardware. Therefore, it is a structural modifier.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1, 4, 8, 11, 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2016502320 A (“Qualcomm”) [see attached English translation for purposes of Examination].
As to claim 1, Qualcomm discloses a user equipment (para. 0089, UE) comprising: at least one memory storing instructions (para. 0108, The apparatus may include additional modules that perform each of the steps of the algorithm in the above flow charts of FIGS. Thus, each step in the above flow charts of FIGS. 12 and 13 may be performed by one module, and the apparatus may include one or more of those modules. The modules are one or more hardware components specifically configured to perform the described process / algorithm or are implemented by a processor configured to execute the described process / algorithm. Or stored in a computer readable medium for implementation by a processor, or some combination thereof ); and at least one processor configured to process the instructions to (para. 0108, The apparatus may include additional modules that perform each of the steps of the algorithm in the above flow charts of FIGS. Thus, each step in the above flow charts of FIGS. 12 and 13 may be performed by one module, and the apparatus may include one or more of those modules. The modules are one or more hardware components specifically configured to perform the described process / algorithm or are implemented by a processor configured to execute the described process / algorithm. Or stored in a computer readable medium for implementation by a processor, or some combination thereof ): configure with a plurality of bandwidth parts for transmission and reception for control information, each of the plurality of the bandwidth parts being included in a system bandwidth and different from each other (para. 0089, the UE receives a first component carrier and a second component carrier. The first component carrier may include a first control channel corresponding to the first component carrier, and may further include a second control channel corresponding to the second component carrier and carrier indication information; para. 0003, “sharing available system resources (eg, bandwidth )”; para. 0054, “different CCs”….”DCI…for…scheduled CC”; para. 0055, “system bandwidth”; para. 0073, 0074, “UE monitors the PDCCH and extracts its own control information”, “PDCCHs transmitted on different CCs”; para. 0100, UE determines whether cross-carrier scheduling is supported….based on the type of control channel (i.e. determination is a configuration)); configure with, for the each of the plurality of the bandwidth parts, at least one respective control resource set for a Common Search Space (CSS) determined based on a corresponding bandwidth (para. 0089, the UE receives a first component carrier and a second component carrier. The first component carrier may include a first control channel corresponding to the first component carrier, and may further include a second control channel corresponding to the second component carrier and carrier indication information; para. 0095, the UE Monitors a first search space configured for the first control channel and a second search space configured for the second control channel. The first search space and the second search space may share a common set of resources, i.e. each channel being a bandwidth part, and their search spaces have common resources; para. 0100, UE determines whether cross-carrier scheduling is supported….based on the type of control channel (i.e. determination/monitoring is a configuration)); and monitor control information transmitted on one of the plurality of the bandwidth parts, using the at least one respective control resource set corresponding to the one of the plurality of the bandwidth parts (para. 0095, the UE Monitors a first search space configured for the first control channel and a second search space configured for the second control channel. The first search space and the second search space may share a common set of resources, i.e. each channel being a bandwidth part, and their search spaces have common resources; para. 0096, the UE processes the first control channel and the second control channel. For example, the UE decodes the first control channel and the second control channel to determine the control information included in the first control channel and the second control channel).
As to claim 4, Qualcomm further discloses the user equipment according to claim 1, wherein the at least one control resource set includes a control resource set for initial access, and the at least one processor is further configured to process the instructions to: receive information for the control resource set for the initial access via a Master Information Block (MIB) or system information (para. 0039-0040, The UE may be assigned resource blocks 410a, 410b in the control section to transmit control information to the eNB; A set of resource blocks may be used to perform initial system access and achieve UL synchronization in a physical random access channel (PRACH) 430; para. 0055, DCI (i.e. system information) [para. 0002, communication systems] may be carried in the PDCCH. The DCI may include transmission resource allocation and other control information for the UE or group of UEs ).
As to claims 8 and 11, see similar rejections to claim 1 and 4, respectively. The apparatus teaches the methods.
As to claim 15, Qualcomm discloses a base station (para. 0030, base station) comprising: at least one memory storing instructions (para. 0133, the modules are one or more hardware components specifically configured to perform the described process / algorithm or are implemented by a processor configured to execute the described process / algorithm. Or stored in a computer readable medium for implementation by a processor, or some combination thereof); and at least one processor configured to process the instructions to (para. 0133, the modules are one or more hardware components specifically configured to perform the described process / algorithm or are implemented by a processor configured to execute the described process / algorithm. Or stored in a computer readable medium for implementation by a processor, or some combination thereof): transmit information for configuring a user equipment with a plurality of bandwidth parts for transmission and reception for control information, each of the plurality of the bandwidth parts being included in a system bandwidth and different from each other (para. 0132, the data flow between different modules / means / components in an exemplary apparatus 1802. The apparatus can be an eNB. The apparatus configures cross carrier scheduling for a module 1804 for receiving a signal from a UE and at least one of a first component carrier and a second component carrier, and supports the first component carrier A first control carrier configured to include a first control channel and a second control channel corresponding to the second component carrier and a carrier indication information, and a first control A module 1808 comprising a common set of resources for the first control channel and the second control channel when the channel and the second control channel are EPDCCH; Module 1808 further configures a first search space for the first control channel and a second search space for the second control channel, wherein the first search space, the second search space, Share a common set of resources. Module 1808 further configures an offset between the first search space and the second search space, and configures a UE-specific search space for the second control channel. The apparatus further inlcudes a module 1810 that transmits the first component carrier and the second component carrier and the configuration and scheduling to the UE 1850, i.e. each channel being a bandwidth part, and their search spaces have common resources; para. 0003, “sharing available system resources (eg, bandwidth )”; para. 0054, “different CCs”….”DCI…for…scheduled CC”; para. 0055, “system bandwidth”; para. 0073, 0074, “UE monitors the PDCCH and extracts its own control information”, “PDCCHs transmitted on different CCs”); transmit information for configuring the user equipment, for the each of the plurality of the bandwidth parts, at least one respective control resource set for a Common Search Space (CSS) determined based on a corresponding bandwidth para. 0133, the modules are one or more hardware components specifically configured to perform the described process / algorithm or are implemented by a processor configured to execute the described process / algorithm. Or stored in a computer readable medium for implementation by a processor, or some combination thereof): transmit information for configuring a user equipment with a plurality of bandwidth parts for transmission and reception for control information, each of the plurality of the bandwidth parts being included in a system bandwidth and different from each other (para. 0132, the data flow between different modules / means / components in an exemplary apparatus 1802. The apparatus can be an eNB. The apparatus configures cross carrier scheduling for a module 1804 for receiving a signal from a UE and at least one of a first component carrier and a second component carrier, and supports the first component carrier A first control carrier configured to include a first control channel and a second control channel corresponding to the second component carrier and a carrier indication information, and a first control A module 1808 comprising a common set of resources for the first control channel and the second control channel when the channel and the second control channel are EPDCCH; Module 1808 further configures a first search space for the first control channel and a second search space for the second control channel, wherein the first search space, the second search space, Share a common set of resources. Module 1808 further configures an offset between the first search space and the second search space, and configures a UE-specific search space for the second control channel. The apparatus further inlcudes a module 1810 that transmits the first component carrier and the second component carrier and the configuration and scheduling to the UE 1850, i.e. each channel being a bandwidth part, and their search spaces have common resources; para. 0054, “different CCs”….”DCI…for…scheduled CC”; para. 0055, “system bandwidth”; para. 0073, 0074, “UE monitors the PDCCH and extracts its own control information”, “PDCCHs transmitted on different CCs”); and transmit control information on one of the plurality of the bandwidth parts, wherein the control information is monitored by the user equipment using the at least one respective control resource set corresponding to the one of the plurality of the bandwidth parts (para. 0095, the UE Monitors a first search space configured for the first control channel and a second search space configured for the second control channel. The first search space and the second search space may share a common set of resources, i.e. each channel being a bandwidth part, and their search spaces have common resources; para. 0096, the UE processes the first control channel and the second control channel. For example, the UE decodes the first control channel and the second control channel to determine the control information included in the first control channel and the second control channel).
As to claim 16, see similar rejection to claim 15. The apparatus teaches the method.
Claim Rejections - 35 USC § 103
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.
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.
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.
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.
Claim(s) 2-3, 7, 9-10, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2016502320 A (“Qualcomm”) in view of U.S. Publication No. 2017/0339677 A1 to RICO ALVARINO et al. (“Rico”).
As to claim 2, Qualcomm does not expressly disclose the user equipment according to claim 1, wherein the at least one processor is further configured to process the instructions to: switch bandwidth parts for monitoring among the plurality of the bandwidth parts, and select at least one control resource set for monitoring in accordance with the switching the bandwidth parts.
Rico discloses if the first control channel provides an indication that the second set of resources (or resources contained in the second set of resources) are assigned for receiving data, the UE monitors the portion of the second set of resources indicated by the first control channel for receiving the data. In an aspect, if the control channel provides an indication to monitor (e.g., switch to) the second bandwidth region, the UE monitors the second set of resources for a second control channel (e.g., PDCCH, EPDCCH or another control channel associated with wideband operation) for receiving control information scheduling resources for receiving data (para. 0095).
Prior to the effective filing date of invention, it would have been obvious to a
person of ordinary skill in the art to incorporate the switching of Rico into the invention of Qualcomm. The suggestion/motivation would have been for flexible bandwidth operation in a wireless communicant network (Rico, para. 0002). Including the switching of Rico into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Rico.
As to claim 3, Qualcomm does not expressly disclose the user equipment according to claim 1, wherein the at least one processor is further configured to process the instructions to switch the bandwidth parts based on at least one of: downlink control information (DCI); an expiry of an inactive timer for a respective bandwidth part; a Media Access Control-Control Element (MAC-CE); and a Radio Resource Control (RRC) signaling.
Rico discloses if the first control channel provides an indication that the second set of resources (or resources contained in the second set of resources) are assigned for receiving data, the UE monitors the portion of the second set of resources indicated by the first control channel for receiving the data. In an aspect, if the control channel provides an indication to monitor (e.g., switch to) the second bandwidth region, the UE monitors the second set of resources for a second control channel (e.g., PDCCH, EPDCCH or another control channel associated with wideband operation) for receiving control information scheduling resources for receiving data (para. 0095) and dynamic bandwidth switching may include dynamic explicit signaling including the base station explicitly signaling the UE (e.g., via Downlink Control Information, DCI) (para. 0092).
Prior to the effective filing date of invention, it would have been obvious to a
person of ordinary skill in the art to incorporate the switching of Rico into the invention of Qualcomm. The suggestion/motivation would have been for flexible bandwidth operation in a wireless communicant network (Rico, para. 0002). Including the switching of Rico into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Rico.
As to claim 7, Qualcomm does not expressly disclose the user equipment according to claim 3, wherein the at least one processor is further configured to process the instructions to switch to a bandwidth part for initial access based on the expiry of the inactive timer for a respective bandwidth part.
Rico discloses at para. 0109-0110: the UE monitors mPDCCH in subframe 4 to receive data grant scheduling resources for data in the same subframe. Similarly the UE monitors mPDCCH in subframe 5 to receive data grant scheduling resources for data in subframe 4. In an aspect, if the UE does not receive a grant for a given period of time (e.g., before preconfigured counter/timer expires) the UE switches back to the narrowband mode of operation to conserve power.
Prior to the effective filing date of invention, it would have been obvious to a
person of ordinary skill in the art to incorporate the switching of Rico into the invention of Qualcomm. The suggestion/motivation would have been for flexible bandwidth operation in a wireless communicant network (Rico, para. 0002). Including the switching of Rico into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Rico.
As to claims 9-10, 14, see similar rejections to claims 2-3, 7, respectively. The apparatus teaches the methods.
Claim(s) 5-6, 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2016502320 A (“Qualcomm”) in view of U.S. Publication No. 2017/0367046 A1 to Papasakellariou.
As to claim 5, Qualcomm does not expressly disclose the user equipment according to claim 1, wherein the at least one processor is further configured to process the instructions to: receive information for location of the at least one respective control resource set, and monitor the control information using the information for the location of the at least one respective control resource set.
Papasakellariou discloses PDCCH transmissions conveying DL DCI formats are configured to be in a first DL control resource set located in a first slot symbol 2020 (para. 0242).
Prior to the effective filing date of invention, it would have been obvious to a
person of ordinary skill in the art to incorporate the PDCCH transmission of Papasakellariou into the invention of Qualcomm. The suggestion/motivation would have been to enable power savings (Papasakellariou, para. 0002). Including the PDCCH transmission of Papasakellariou into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Papasakellariou.
As to claim 6, Qualcomm does not expressly disclose the user equipment according to claim 1, wherein time duration of the at least one respective control resource set is at least one of 1, 2, and 3 symbols.
Papasakellariou discloses PDCCH transmissions conveying DL DCI formats are configured to be in a first DL control resource set located in a first slot symbol 2020 (para. 0242).
Prior to the effective filing date of invention, it would have been obvious to a
person of ordinary skill in the art to incorporate the PDCCH transmission of Papasakellariou into the invention of Qualcomm. The suggestion/motivation would have been to enable power savings (Papasakellariou, para. 0002). Including the PDCCH transmission of Papasakellariou into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of Papasakellariou.
As to claims 12-13, see similar rejections to claims 5-6, respectively. The apparatus teaches the methods.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20180270699 A1 discloses at para. 0104: In an example, for a DL BWP in a set of one or more DL BWPs on a PCell, a base station may configure a UE with one or more control resource sets for at least one type of common search space and/or one UE-specific search space. For example, a base station may not configure a UE without a common search space on a PCell, or on a PSCell, in an active DL BWP.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR J GHOWRWAL whose telephone number is (571)270-5691. The examiner can normally be reached M-F 9:00am-6:00pm.
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/OMAR J GHOWRWAL/ Primary Examiner, Art Unit 2463
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