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 .
Election/Restrictions
Applicant's election with traverse of Species I (claims 1-7 and 16-22) in the reply filed on 11/7/2025 is acknowledged. The traversal is on the ground(s) that “both alleged species - claims 1-7 and 16-22 (alleged species I) and claims 8-15 and 23-30 (alleged species II) - recite "receiving [or receive] a bandwidth configuration identifying a bandwidth part (BWP) allocated to the UE within a [or the] carrier bandwidth and a configuration for cell-defining synchronization signal block (CD-SSB) transmissions; receiving [or receive] a non-cell-defining-synchronization signal block (NCD-SSB) configuration identifying at least a frequency of NCD-SSB transmissions and a time offset of the NCD-SSB transmissions from the CD-SSB transmissions."
This is not found persuasive because as stated in the Election/Restriction office action dated 9/11/2025, the species are independent or distinct because the claims to the different species recites the mutually exclusive characteristics of such species. Species I has mutually exclusive characteristics of obtaining a time division duplex (TDD) uplink-downlink symbol configuration, wherein the TDD uplink-downlink symbol configuration identifies a pattern of uplink symbols, downlink symbols, and flexible symbols over one or more slots of a carrier bandwidth; and marking a configured flexible symbol of the TDD uplink-downlink symbol configuration as a downlink symbol in response to one or more of an NCD-SSB symbol of the NCD-SSB transmissions or a CD-SSB symbol of the CD-SSB transmissions overlapping with the configured flexible symbol. Species Il has mutually exclusive characteristics of obtaining a physical random access channel (PRACH) configuration, wherein the PRACH configuration identifies a plurality of random access channel (RACH) occasions within a RACH slot; and invalidating a RACH occasion of the plurality of RACH occasions in response to a collision between the RACH occasion and one of an NCD-SSB symbol of the NCD- SSB transmissions, or a CD-SSB symbol of the CD-SSB transmissions, or a combination of the NCD-SSB symbol and the CD-SSB symbol.
The species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
The requirement is still deemed proper and is therefore made FINAL.
Claims 8-15 and 23-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/7/2025.
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.
Claim(s) 1-7 and 16-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al. (US Pub. No. 2025/0097862) in view of Ericsson, “FL summary for incoming LS-(R1-2203046) on introduction of an offset to transmit CD-SSB and NCD-SSB at different times”, R1-2205429, 3GPP TSG-RAN WG1 Meeting #109-e, hereinafter R1-2205429, in view of Rastegardoost et al. (US Pub. No. 2024/0072975).
Regarding claims 1 and 16, Takahashi discloses a method user equipment (UE) (figure 11) comprising:
a memory storing processor-readable code (paragraph 220); and
at least one processor (paragraph 222) coupled to the memory, the processor-readable code executable by the at least one processor to cause the UE to:
obtain a time division duplex (TDD) uplink-downlink symbol configuration, wherein the TDD uplink-downlink symbol configuration identifies a pattern of uplink symbols, downlink symbols, and flexible symbols over one or more slots of a carrier bandwidth (figure 3; paragraph 33:TDD and paragraph 75: DCI format 2_0 is used to notify the slot format of one or more multiple slots. The slot format is 28, DDDDDDDDDDDDFU is applied to the 14 OFDM symbol in the slot. Paragraph 52: carrier);
receive a bandwidth configuration identifying a bandwidth part (BWP) allocated to the UE within the carrier bandwidth and a configuration for cell-defining-synchronization signal block (CD-SSB) transmissions (paragraphs 120-128, 129, 132 and 173: received initial downlink BWP for cell SSB or cell-defining SSB)
receive a non-cell-defining-synchronization signal block (NCD-SSB) configuration identifying at least a frequency of NCD-SSB transmissions and a offset of the NCD-SSB transmissions from the CD-SSB transmissions (paragraphs 173: receive separate initial downlink BWP (second initial BWP) that is Non-Cell Defining SSB (NCD-SSB). Paragraph 174 discloses frequency of separate initial BWP and offset from the initial BWP).
Takahashi does not teach mark a configured flexible symbol of the TDD uplink-downlink symbol configuration as a downlink symbol in response to one or more of an NCD-SSB symbol of the NCD-SSB transmissions or a CD-SSB symbol of the CD-SSB transmissions overlapping with the configured flexible symbol.
However, in the same field of endeavor, Rastegardoost discloses mark a configured flexible symbol of the TDD uplink-downlink symbol configuration as a downlink symbol in response to one or more of an NCD-SSB symbol of the NCD-SSB transmissions or a CD-SSB symbol of the CD-SSB transmissions overlapping with the configured flexible symbol (paragraphs 265 and 266: a wireless device postpone PUCCH resource transmission if it overlaps with DL symbol and SSB. UE determines a symbol direction based on TDD configuration. PUCCH transmission postponement is response to an overlap between SSB/DL and flexible symbol. Since the flexible symbol is not available for uplink transmission due to SSB/DL on the flexible symbol, it would be obvious for an UE to mark the flexible symbol as downlink to eliminate the flexible symbol from being chosen as an uplink transmission symbol and cause collision with SSB downlink transmission).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Takahashi mark a configured flexible symbol of the TDD uplink-downlink symbol configuration as a downlink symbol in response to one or more of an NCD-SSB symbol of the NCD-SSB transmissions or a CD-SSB symbol of the CD-SSB transmissions overlapping with the configured flexible symbol.
The motivation would have been to avoid transmission collision.
Takahashi does not teach a time offset of NCD-SSB transmission from CD-SSB transmission.
However, in the same field endeavor, R1-2205429 discloses a time offset of NCD-SSB transmission from CD-SSB transmission (title, section 1 and section 2: an offset to transmit CD-SSB and NCD-SSB at different times).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Takahashi a time offset of NCD-SSB transmission from CD-SSB transmission.
The motivation would have been to avoid power shortage on gNB side (section 2 second paragraph).
Regarding claims 2 and 17, all limitations of claims 1 and 16 are disclosed above. Takahashi does not explicitly teach the NCD-SSB is associated with an active BWP of the UE.
However, Takahashi’s paragraph 46 discloses one out of four BWP is active at certain time. Since there is a finite number (4) of Identified, Predictable Solutions, it would have been obvious for one with ordinary skill in the art to try one of the BWP as active BWP with a Reasonable Expectation of Success.
Regarding claims 3 and 18, all limitations of claims 1 and 16 are disclosed above. Takahashi further teaches the BWP is a reduced capacity (RedCap) specific BWP (paragraphs 129, 131, 132, and 133).
Regarding claims 4 and 19, all limitations of claims 1 and 16 are disclosed above. Takahashi does not teach but Rastegardoost further teaches the marking includes marking the configured flexible symbol as the downlink symbol in response to the CD-SSB symbol or the NCD-SSB symbol overlapping with the configured flexible symbol (paragraphs 265 and 266: a wireless device postpone PUCCH resource transmission if it overlaps with DL symbol and SSB. UE determines a symbol direction based on TDD configuration. PUCCH transmission postponement is response to an overlap between SSB/DL and flexible symbol. Since the flexible symbol is not available for uplink transmission due to SSB/DL on the flexible symbol, it would be obvious for an UE to mark the flexible symbol as downlink to eliminate the flexible symbol from being chosen as an uplink transmission symbol and cause collision with SSB downlink transmission).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Takahashi the marking includes marking the configured flexible symbol as the downlink symbol in response to the CD-SSB symbol or the NCD-SSB symbol overlapping with the configured flexible symbol.
The motivation would have been to avoid transmission collision.
Regarding claims 5 and 20, all limitations of claims 1 and 16 are disclosed above. Takahashi does not explicitly disclose the marking includes marking the configured flexible symbol as the downlink symbol in response to the NCD-SSB symbol, but not in response to the CD- SSB symbol, overlapping with the configured flexible symbol.
However, Takahashi’s figure 3 shows the first two symbols are DL/downlink symbol (not flexible symbol) which are used for CD-SSB symbol, while the flexible symbol is in the 13 position which is the area for NCD-SSB transmission.
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the invention to implement in Takahashi the marking includes marking the configured flexible symbol as the downlink symbol in response to the NCD-SSB symbol, but not in response to the CD- SSB symbol, overlapping with the configured flexible symbol.
The motivation would have been to mark the flexible symbol representing NCD-SSB transmission as downlink.
Regarding claims 6 and 21, all limitations of claims 1 and 16 are disclosed above. Takahashi does not explicitly teach the marking includes marking the configured flexible symbol as the downlink symbol in response to the CD-SSB symbol, but not in response to the NCD- SSB symbol, overlapping with the configured flexible symbol.
However, Takahashi’s paragraphs 173 and 174 disclose separate BWPs for CD-SSB and NCD-SSB, and at the beginning only initial BWP for CD-SSB is present. Takahashi’s paragraph 46 discloses one out of four BWP is active at certain time; thus, at a certain time BWP of CD-SSB is active and BWP of NCD-SSB is not active. Therefore in that scenario, only flexible symbol in CD-SSB BWP is eligible for marking. Since there is a finite number of Identified, Predictable Solutions, it would have been obvious for one with ordinary skill in the art to try with a Reasonable Expectation of Success.
Regarding claims 7 and 22, all limitations of claims 1 and 16 are disclosed above. Takahashi further teaches wherein the UE includes a RedCap UE having reduced capacity (paragraph 33), and wherein the RedCap UE is one of: capable of tuning outside of the BWP, or incapable of tuning outside of the BWP (paragraphs 147, 274, 275: RedCap UE is either one of the tuning/incapable of tuning).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xiong et al. (US Pub. No. 2023/0224880) discloses downlink and uplink mapping for CD-SSB and NCD-SSB
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TITO Q PHAM whose telephone number is (571)272-4122. The examiner can normally be reached Monday-Friday: 9AM-6PM EST.
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/TITO Q PHAM/Examiner, Art Unit 2466
/FARUK HAMZA/Supervisory Patent Examiner, Art Unit 2466