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 Amendments – Objections
Applicant’s amendments, filed 07/21/2026, with respect to Claims 1, 21, 25, and 26 have been fully considered and are persuasive. The objections of Claims 1, 21, 25, and 26 have been withdrawn.
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.
Claims 1, 2, 5, 7-15, and 21-26 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (2022/0085964), hereinafter Zhang, in view of Zhao et al. (WO 2023097525), hereinafter Zhao.
Re. Claim 1, Zhang explicitly teaches an apparatus for wireless communication at a user equipment (UE), comprising: one or more memories; and one or more processors (Fig. 2), the one or more processors, individually or collectively and based at least in part on information stored in the one or more memories, being configured to: receive, from the network node, configuration information associated with the two or more communication modes, the configuration information indicating at least two sets of parameter values, wherein each set of parameter values is associated with a respective communication mode of the two or more communication modes (¶0063 - the UE 120 includes means for receiving, from the base station, scheduling information associated with a communication indicating that the communication is to be associated with the full-duplex communication mode or the half-duplex communication mode); and communicate with the network node based at least in part on the at least two sets of parameter values (¶0065 - the UE 120 includes means for receiving, from the base station, scheduling information associated with a communication indicating one or more resources associated with the communication; means for determining that the one or more resources are included in the set of resources associated with the full-duplex communication mode of the base station or the set of resources associated with the half-duplex communication mode of the base station).
However, Zhang does not explicitly disclose a method wherein an apparatus is configured to transmit, to a network node, capability information associated with two or more communication modes of a plurality of communication modes, the two or more communication modes comprising at least one FD mode.
Yet, Zhao expressly teaches a method by which an apparatus is configured to transmit, to a network node, capability information associated with two or more communication modes of a plurality of communication modes (Pg. 7, Paragraph 7 - the capability information of the terminal is sent to the network side device, wherein the capability information of the terminal is used to indicate the duplex mode supported by the terminal), the two or more communication modes comprising at least one full-duplex (FD) mode (Pg. 7, Paragraph 8 - the terminal may explicitly indicate to the network side device the duplex mode supported by the terminal, for example, the capability information may indicate that the terminal only supports half-duplex mode, or that the terminal only supports full-duplex mode, or that the terminal supports both half-duplex mode and Duplex mode, but also supports full-duplex mode);
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhao to the teaching of Zhang. The motivation for such would be to improve transmission capability by preemptively sending parameters that define potential modes of communication, which Zhao explicitly provides (Zhao, Pg. 7, Paragraphs 7-8). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 25, Zhang explicitly teaches an apparatus for wireless communication at a network node, comprising: one or more memories; and one or more processors (Fig. 2), the one or more processors, individually or collectively and based at least in part on information stored in the one or more memories, being configured to: transmit, to the UE, configuration information associated with the two or more communication modes, the configuration information indicating at least two sets of parameter values, wherein each set of parameter values is associated with a respective communication mode of the two or more communication modes (¶0063 - the UE 120 includes means for receiving, from the base station, scheduling information associated with a communication indicating that the communication is to be associated with the full-duplex communication mode or the half-duplex communication mode); and communicate with the UE based at least in part on the at least two sets of parameter values (¶0065 - the UE 120 includes means for receiving, from the base station, scheduling information associated with a communication indicating one or more resources associated with the communication; means for determining that the one or more resources are included in the set of resources associated with the full-duplex communication mode of the base station or the set of resources associated with the half-duplex communication mode of the base station).
However, Zhang does not explicitly disclose a method wherein an apparatus is configured to receive, from a user equipment (UE), capability information associated with two or more communication modes of a plurality of communication modes, the two or more communication modes comprising at least one FD mode.
Yet, Zhao expressly teaches a method by which an apparatus is configured to receive, from a user equipment (UE), capability information associated with two or more communication modes of a plurality of communication modes (Pg. 7, Paragraph 7 - the capability information of the terminal is sent to the network side device, wherein the capability information of the terminal is used to indicate the duplex mode supported by the terminal), the two or more communication modes comprising at least one full-duplex (FD) mode (Pg. 7, Paragraph 8 - the terminal may explicitly indicate to the network side device the duplex mode supported by the terminal, for example, the capability information may indicate that the terminal only supports half-duplex mode, or that the terminal only supports full-duplex mode, or that the terminal supports both half-duplex mode and Duplex mode, but also supports full-duplex mode);
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhao to the teaching of Zhang. The motivation for such would be to improve transmission capability by preemptively sending parameters that define potential modes of communication, which Zhao explicitly provides (Zhao, Pg. 7, Paragraphs 7-8). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 2, Zhang and Zhao teach Claim 1
Additionally, Zhang further teaches wherein each set of parameter values of the at least two sets of parameter values indicates AT LEAST ONE OF a spatial parameter, an uplink power control parameter, a modulation and coding scheme, an antenna configuration, a timing parameter (¶0006 - receiving, from a base station, an indication of a timing advance (TA) offset value for a high frequency range operating band. Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”), OR an operation parameter.
Re. Claim 5, Zhang and Zhao teach Claim 2.
Additionally, Zhang further teaches wherein the timing parameter is indicative of AT LEAST ONE OF a transmission timing OR a timing advance (TA) (¶0006 - receiving, from a base station, an indication of a timing advance (TA) offset value for a high frequency range operating band. Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”).
Re. Claim 7, Zhang and Zhao teach Claim 1.
Additionally, Zhang further teaches wherein one or more parameter values of the at least two sets of parameter values is associated with a time period (¶0094 - the FD communication mode capability indication may indicate a set of resources (e.g., time domain resources and/or frequency domain resources) associated with the FD communication mode of the base station 110 and/or a set of resources (e.g., time domain resources and/or frequency domain resources) associated with the half-duplex communication mode of the base station).
Re. Claim 8, Zhang and Zhao teach Claim 7.
Additionally, Zhang further teaches wherein the time period comprises at least one of a symbol or a slot (¶0094 - the base station 110 may indicate one or more FD slots (e.g., during which the base station 110 operates in a FD communication mode) and one or more half-duplex slots (e.g., during which the base station 110 operates in a half-duplex communication mode)).
Re. Claim 10, Zhang and Zhao teach Claim 1.
Additionally, Zhang further teaches wherein the one or more processors are further configured to receive, from the network node, a communication mode indication indicative of an operation mode of the two or more communication modes , wherein communicating with the network node comprises communicating in association with the operation mode (¶0062 - the UE 120 includes means for receiving, from the base station, scheduling information associated with a communication that is to be associated with the full-duplex communication mode or the half-duplex communication mode).
Re. Claim 11, Zhang and Zhao teach Claim 10.
Additionally, Zhang further teaches wherein the communication mode indication is associated with a mode transition condition (¶0065 - the UE 120 includes means for receiving, from the base station, scheduling information associated with a communication indicating one or more resources associated with the communication; means for determining that the one or more resources are included in the set of resources associated with the full-duplex communication mode of the base station or the set of resources associated with the half-duplex communication mode of the base station).
Re. Claim 12, Zhang and Zhao teach Claim 11.
Additionally, Zhang further teaches wherein the mode transition condition is associated with a maximum number of transition points during a specified time period (¶0101 - Based on the indication of the transition from the half-duplex mode to the full-duplex mode 716A and 716B (or the known or configured scheduling of transitions), each of the UE 702, the base station 704, and the UE 706 may switch 718A from using the second set of parameters associated with the half-duplex mode of operation 730 to using the first set of parameters associated with the full-duplex mode of operation 740).
Re. Claim 13, Zhang and Zhao teach Claim 12.
Additionally, Zhang further teaches wherein an indication of the maximum number of transition points is maintained in one or more memories of the UE (¶0151 - one or more components of the set of components may be implemented at least in part as software stored in a memory).
Re. Claim 14, Zhang and Zhao teach Claim 12.
However, Zhang does not explicitly teach wherein the maximum number of transition points is associated with at least one of a transition delay, a UE subband FD (SBFD) capability, a UE partially overlapping FD capability, a UE fully overlapping FD capability, a network node SBFD capability, a network node partially overlapping FD capability, a network node fully overlapping FD capability, an overhead timing for a mode transition, a guard time for the mode transition, a UE implementation complexity, or a network node implementation complexity.
Yet, Zhao expressly teaches wherein the maximum number of transition points is associated with AT LEAST ONE OF a transition delay, a UE subband FD (SBFD) capability (Pg. 9, Paragraph 13 - the full-duplex mode can include Subband-Based Full Duplex (SBFD) and Shared Spectrum Full Duplex (SSFD). Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”), a UE partially overlapping FD capability, a UE fully overlapping FD capability, a network node SBFD capability, a network node partially overlapping FD capability, a network node fully overlapping FD capability, an overhead timing for a mode transition, a guard time for the mode transition, a UE implementation complexity, OR a network node implementation complexity.
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhao to the teaching of Zhang. The motivation for such would be to improve transmission capability by associating transition between FD and HD with a specific subband capability, which Zhao explicitly provides (Zhao, Pg. 9, Paragraph 13). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 15, Zhang and Zhao teach Claim 12.
However, Zhang does not expressly teach wherein the maximum number of transition points is associated with at least one of a time division duplexing (TDD) uplink/downlink slot format pattern period, a semi-static network node subband FD (SBFD) configuration period, or a slot.
Yet, Zhao explicitly teaches wherein the maximum number of transition points is associated with AT LEAST ONE OF a time division duplexing (TDD) uplink/downlink slot format pattern period, a semi-static network node subband FD (SBFD) configuration period, OR a slot (Pg. 9, Paragraph 12 - the full-duplex mode refers to simultaneous uplink transmission and downlink reception in the same frequency domain resource, such as the same time slot slot, wherein the time slot slot includes at least one of the following: time division duplex TDD The downlink slot of the (Time Division Duplexing) frequency band, the uplink slot of the TDD frequency band, and the slot of the FDD (Frequency Division Duplexing) frequency band. Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhao to the teaching of Zhang. The motivation for such would be to improve transmission capability by associating a transition from FD to HD with a specific time slot, which Zhao explicitly provides (Zhao, Pg. 9, Paragraph 12). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 21 and 26, Zhang and Zhao teach Claim 1 and 25.
Additionally, Zhang further teaches wherein the two or more communication modes comprise AT LEAST ONE OF: a first mode in which the UE comprises a half-duplex (HD) UE and the network node provides an HD cell (¶0078 - The base station, in some aspects, may transmit DL transmissions to a first UE operating in half-duplex (HD) mode and receive UL transmissions from a second UE operating in a half-duplex mode), wherein, in the first mode, the UE communicates with the network node in association with one communication direction during a time period (¶0086 - during a first time period, a base station 604 operating in a full-duplex mode may transmit, and the first UE 602 may receive, a DL transmission (e.g., DL transmission 612A or 622A) and may receive, and the second UE 606 may transmit, an UL transmission (e.g., UL transmission 612B or 622B). & ¶0099 - The UE 706 may transmit, and the base station 704 may receive, an UL transmission 714 using the half-duplex mode parameters indicated by the received full-duplex mode and half-duplex mode parameter configurations 710B. Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”); a second mode in which the UE comprises a first HD UE of a plurality of HD UEs and the network node provides a subband FD (SBFD) cell, wherein, in the second mode, the UE communicates with the network node in association with one communication direction during the time period; a third mode in which the UE comprises an SBFD UE and the network node provides an SBFD cell, wherein, in the third mode, the UE communicates with the network node in association with two communication directions during the time period; OR a fourth mode in which the UE comprises an SBFD UE and the network node provides an HD cell or transmission reception point (TRP) of a plurality of HD cells, wherein, in the fourth mode, the UE communicates via the cell or the TRP in association with a first communication direction during the time period and via an additional cell or an additional TRP in association with a second communication direction during the time period.
Re. Claim 22, Zhang and Zhao teach Claim 1.
Additionally, Zhang further teaches wherein at least one parameter value of the at least two sets of parameter values is associated with the two or more communication modes of the plurality of communication modes (¶0096 - The full-duplex mode of operation may be associated with a first set of parameters (e.g., a transmission power, a beam, a precoder, rank indicator (RI), modulation and coding scheme (MCS), and/or a timing advance (TA)) while the half-duplex mode may be associated with a second set of parameters).
Re. Claim 23, Zhang and Zhao teach Claim 1.
Additionally, Zhang further teaches wherein a first parameter value of the at least two sets of parameter values is associated with a first communication mode during a first time period of the plurality of communication modes and a second parameter value of the at least two sets of parameter values is associated with a second communication mode during a second time period of the plurality of communication modes (¶0098 - The first set of resources and/or the second set of resources may include one or more scheduled (e.g., periodic or aperiodic) sets of time-domain resources (e.g., frames, slots, symbols, etc.) associated with the full-duplex mode and/or the half-duplex mode. For example, the full-duplex mode and half-duplex mode parameter configurations 710A and 710B may indicate one or more of a start time 711 for the half-duplex mode of operation 730, a time 719 that is an end time for the half-duplex mode of operation 730 and a start time for the full-duplex mode of operation 740, an end time 721 for the full-duplex mode of operation 740, and/or a duration of the half-duplex mode of operation 730 and/or the full-duplex mode of operation 740).
Re. Claim 24, Zhang and Zhao teach Claim 23.
Additionally, Zhang further teaches wherein the first time period comprises at least one of a first set of symbols or a first set of slots, and wherein the second time period comprises at least one of a second set of symbols or a second set of slots (Fig. 8A, & ¶0098 - The first set of resources and/or the second set of resources may include one or more scheduled (e.g., periodic or aperiodic) sets of time-domain resources (e.g., frames, slots, symbols, etc.) associated with the full-duplex mode and/or the half-duplex mode. For example, the full-duplex mode and half-duplex mode parameter configurations 710A and 710B may indicate one or more of a start time 711 for the half-duplex mode of operation 730, a time 719 that is an end time for the half-duplex mode of operation 730 and a start time for the full-duplex mode of operation 740, an end time 721 for the full-duplex mode of operation 740, and/or a duration of the half-duplex mode of operation 730 and/or the full-duplex mode of operation 740).
Claims 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Zhao and Jiang et al (2025/0031218), hereinafter Jiang.
Re. Claim 9, Zhang and Zhao teach Claim 1.
However, the combination of Zhang and Zhao does not explicitly teach wherein one or more parameter values of the at least two sets of parameter values is associated with at least one of a bandwidth part (BWP), a downlink subband of an SBFD communication mode, OR an uplink subband of the SBFD communication mode.
Yet, Jiang expressly teaches wherein one or more parameter values of the at least two sets of parameter values is associated with at least one of a bandwidth part (BWP) (¶0177 - the first node is configured with multiple candidate minimum scheduling offset value sets respectively on an active UL BWP and an active DL BWP. Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”), a downlink subband of an SBFD communication mode, OR an uplink subband of the SBFD communication mode.
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Jiang to the teaching of Zhang and Zhao. The motivation for such would be to improve transmission capability by preemptively providing a bandwidth associated with the communication parameters (Jiang, ¶0177). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 16, Zhang and Zhao teach Claim 12.
However, the combination of Zhang and Zhao does not expressly teach wherein a number of transition points of the maximum number of transition points are associated with a UE transition point capability.
Yet, Jiang explicitly teaches wherein a number of transition points of the maximum number of transition points are associated with a UE transition point capability (¶0053 - an advantage of the above method includes: reasonably configuring candidate minimum scheduling offsets according to the maximum number of transition points, avoiding the situation of failed data transmission caused by untimely buffering of the data channel due to the existence of a Guard Period between these transition points, and thus improving the transmission performance).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Jiang to the teaching of Zhang and Zhao. The motivation for such would be to improve transmission capability by preemptively providing a maximum number of transition points that can be expected, which Jiang explicitly provides (Jiang, ¶0053). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 17, Zhang, Zhao, and Jiang teach Claim 16.
However, the combination of Zhang and Zhao does not expressly teach wherein the UE transition point capability is indicative of one or more maximum numbers of transition points.
Yet, Jiang explicitly teaches wherein the UE transition point capability is indicative of one or more maximum numbers of transition points (¶0053 - an advantage of the above method includes: reasonably configuring candidate minimum scheduling offsets according to the maximum number of transition points, avoiding the situation of failed data transmission caused by untimely buffering of the data channel due to the existence of a Guard Period between these transition points, and thus improving the transmission performance).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Jiang to the teaching of Zhang and Zhao. The motivation for such would be to improve transmission capability by preemptively providing a maximum number of transition points that can be expected, which Jiang explicitly provides (Jiang, ¶0053). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 20, Zhang and Zhao teach Claim 1.
However, Zhang does not expressly teach wherein the at least one FD mode comprises at least one of a subband FD (SBFD) mode.
Yet, Zhao explicitly teaches wherein the at least one FD mode comprises AT LEAST ONE OF a subband FD (SBFD) mode (Pg. 9, Paragraph 13 - the full-duplex mode can include Subband-Based Full Duplex (SBFD) and Shared Spectrum Full Duplex (SSFD). Additionally, Examiner interprets that only one of the claimed features needs to be mapped because of the presence of “Or”), a partial overlapping FD mode, OR a fully overlapping FD mode.
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Zhao to the teaching of Zhang. The motivation for such would be to improve transmission capability by associating transition between FD and HD with a specific subband capability, which Zhao explicitly provides (Zhao, Pg. 9, Paragraph 13). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Zhao, Jiang and Ashari et al. (KR 20240091210 A), hereinafter Ashari.
Re. Claim 18, Zhang, Zhao, and Jiang teach Claim 17.
However, the combination of Zhang, Zhao, and Jiang does not expressly teach wherein the one or more maximum numbers of transition points comprises a first maximum number of transition points associated with a first subcarrier spacing (SCS).
Yet, Ashari explicitly teaches wherein the one or more maximum numbers of transition points comprises a first maximum number of transition points associated with a first subcarrier spacing (SCS) (Pg. 10, Paragraph 1 - a non-exhaustive list of possible configurable parameters includes: frame length; subframe duration; slot configuration; Subcarrier Spacing (SCS); Flexible transmission duration of the basic transmission unit; and flexible transition intervals).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Ashari to the teaching of Zhang, Zhao, and Jiang. The motivation for such would be to improve transmission capability by associating transition points with specific subcarrier spacings, which Ashari explicitly provides (Ashari, Pg. 10, Paragraph 1). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Re. Claim 19, Zhang, Zhao, and Jiang teach Claim 16.
However, the combination of Zhang and Zhao does not explicitly teach wherein the UE transition point capability is indicative of only one reference maximum number of transition points for a frequency range.
Yet, Jiang explicitly teaches wherein the UE transition point capability is indicative of only one reference maximum number of transition points for a frequency range (¶0053 - an advantage of the above method includes: reasonably configuring candidate minimum scheduling offsets according to the maximum number of transition points, avoiding the situation of failed data transmission caused by untimely buffering of the data channel due to the existence of a Guard Period between these transition points, and thus improving the transmission performance).
However, the combination of Zhang, Zhao and Jiang does not explicitly teach wherein the one reference maximum number of transition points is associated with a first subcarrier spacing (SCS) and wherein a maximum number of transition points associated with a second SCS of the frequency range comprises a scaled value associated with the one reference maximum number of transition points.
Yet, Ashari expressly teaches wherein the one reference maximum number of transition points is associated with a first subcarrier spacing (SCS) (Pg. 10, Paragraph 1 - a non-exhaustive list of possible configurable parameters includes: frame length; subframe duration; slot configuration; Subcarrier Spacing (SCS); Flexible transmission duration of the basic transmission unit; and flexible transition intervals), and wherein a maximum number of transition points associated with a second SCS of the frequency range comprises a scaled value associated with the one reference maximum number of transition points (Pg. 10, Paragraph 1 - a non-exhaustive list of possible configurable parameters includes: frame length; subframe duration; slot configuration; Subcarrier Spacing (SCS); Flexible transmission duration of the basic transmission unit; and flexible transition intervals).
Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to add the teaching of Ashari and Jiang to the teaching of Zhang and Zhao. The motivation for such would be to improve transmission capability by identifying a relative maximum within transmission states, which Jiang expressly teaches (Jiang, ¶0053) and associating transition points with specific subcarrier spacings, which Ashari explicitly provides (Ashari, Pg. 10, Paragraph 1). All of the claimed elements were known in the prior art and one skilled in the art could have combined the elements, as claimed by known methods, and the combination would have yielded predictable results to one having ordinary skill in the art at the time of invention.
Examiner’s Comments
Re. Claims 3, 4, and 6, Zhang and Zhao teach claim 2.
These above cited limitations are reliant on an alternate limitation that Examiner did not elect in their original rejection. Claims 3, 4 and 6 refer specifically to the spatial parameter being indicative of an spatial parameter, an uplink power control parameter, and an operation parameter respectively, each of which were contingent limitations found in Claim 2. Pursuant to MPEP 2111.04 II (“Contingent Limitations”) which reads in part:
The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. For example, assume a method claim requires step A if a first condition happens and step B if a second condition happens. If the claimed invention may be practiced without either the first or second condition happening, then neither step A or B is required by the broadest reasonable interpretation of the claim. If the claimed invention requires the first condition to occur, then the broadest reasonable interpretation of the claim requires step A. If the claimed invention requires both the first and second conditions to occur, then the broadest reasonable interpretation of the claim requires both steps A and B.
As such, examiner will neither be considering the claims in the present rejection, rejecting the claims outright, nor be performing an election on behalf of the Applicant in view of future prosecution. Should the claims no longer be reliant on contingent limitations as outlined in the above cited language, the claims found herein will be considered in their entirety alongside the rest of the claims.
Response to Arguments
Applicant’s arguments discussed in the 07/16/2026 interview and included in the 07/21/2026 amendment have been fully considered but are rendered moot in light of the new grounds of rejection. Examiner has removed the previously relied upon primary reference Zhang and in its place introduces a new reference, also named Zhang et al. Examiner does note, for sake of transparency and clarity, this reference does share a common applicant and assignee, however was filed on 09/03/2021 and published 03/17/2022. No priority was claimed on the present application, domestic or foreign and the present application was filed on 09/20/2023, leaving an effective date of the same. Since the disclosure was published publicly more than a year prior to the filing of the current application, the reference is applicable to be used to reject as prior art under 35 U.S.C. § 103. As such, Examiner upholds the rejections under these new grounds, but issues a this Non-Final action rather than extending a final action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang et al. (20220407668) - ¶0005-0150
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/N.J.S./Examiner, Art Unit 2475
/HASHIM S BHATTI/Primary Examiner, Art Unit 2475
