DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 103
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 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.
4. 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.
5. 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.
6. Claims 1-10, 12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Seo et al. (US 2015/0085782 A1, hereinafter “Seo”) in view of Yi et al. (US 2016/0112178 A1, hereinafter “Yi”).
Regarding claims 1 and 20, Seo teaches an apparatus, comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor (UE of fig. 22), cause the apparatus at least to perform receiving, from a primary cell, a carrier aggregation configuration of a secondary cell with uplink, wherein the configuration indicates that downlink is deactivated for the secondary cell, wherein the carrier aggregation configuration is applicable to carrier aggregation of the primary cell and the secondary cell; and communicating with the secondary cell based on the configuration of the secondary cell (¶ [0080], ¶ [0081], The PCC serves for connection (or RRC connection) for signaling related to a plurality of CCs, and is a CC that manages a UE context which is connection information related to the UE. ¶ [0090], figs. 10, 11, ¶ [0101], ¶ [0109], in FDD, the UL only carrier may be a cell in which only UL CC exists. That is, as shown in FIG. 12(a), in FDD, the UL only carrier may be the DL CC in which corresponding UL CC does not exist. Or, even for the UL CC in which exists the UL CC that is linked by system information block (SIB), the UL only carrier may be configured by setting to use only UL CC without using the DL CC. ¶ [0111], in case that the UL only carrier is used in TDD, it is preferable that all of the subframes in a frame are comprised of UL subframes only. ¶ [0113], ¶ [0114], a BS selects one of the DL only carrier and the UL only carrier and aggregates it as a secondary cell, UL-DL configuration 7 of Table 2 may be added to Table 3. That is, total nine UL-DL configurations may be included in Table 3, and UL-DL configuration 7 of Table 2 may be added to Table 3 as UL-DL configuration 8. ¶ [0115] Or, a BS uses the existing UL-DL configurations 0 to 6 but may additionally use the method of transmitting information indicating the DL only carrier or the UL only carrier. ¶ [0144], ¶ [0208]).
Seo does not explicitly teach wherein the carrier aggregation configuration provides a time division multiplexing pattern configuration for the primary cell and for the secondary cell, wherein the time division multiplexing pattern configuration prevents uplink and downlink communications of the user equipment from occurring at an overlapping time.
Yi teaches wherein the carrier aggregation configuration provides a time division multiplexing pattern configuration for the primary cell and for the secondary cell, wherein the time division multiplexing pattern configuration prevents uplink and downlink communications of the user equipment from occurring at an overlapping time (figs. 8A-8D, ¶ [0168], In case collision between FDD DL and TDD DL, it may be addressed by eNB scheduling. In case of collision between FDD DL and TDD UL, it may be addressed by eNB scheduling and TDM-ed configuration among FDD DL subframe and TDD UL subframe).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to provide a time division multiplexing pattern configuration for the primary cell and for the secondary cell, wherein the time division multiplexing pattern configuration prevents uplink and downlink communications of the user equipment from occurring at an overlapping time in the system of Seo to mitigate interference (¶ [0078] of Yi).
Regarding claim 14, Seo teaches an apparatus, comprising: at least one processor; and at least one memory storing instructions that, when executed by the at least one processor (BS of fig. 22),, cause the apparatus at least to perform sending, from a primary cell to a user equipment, a carrier aggregation configuration of a secondary cell with uplink, wherein the carrier aggregation configuration indicates that downlink is deactivated for the secondary cell, wherein the carrier aggregation configuration is applicable to carrier aggregation of the primary cell and the secondary cell; and communicating with user equipment based on or consistent with the configuration of the secondary cell (¶ [0080], ¶ [0081], The PCC serves for connection (or RRC connection) for signaling related to a plurality of CCs, and is a CC that manages a UE context which is connection information related to the UE. ¶ [0090], figs. 10, 11, ¶ [0101], ¶ [0109], in FDD, the UL only carrier may be a cell in which only UL CC exists. That is, as shown in FIG. 12(a), in FDD, the UL only carrier may be the DL CC in which corresponding UL CC does not exist. Or, even for the UL CC in which exists the UL CC that is linked by system information block (SIB), the UL only carrier may be configured by setting to use only UL CC without using the DL CC. ¶ [0111], in case that the UL only carrier is used in TDD, it is preferable that all of the subframes in a frame are comprised of UL subframes only. ¶ [0113], ¶ [0114], a BS selects one of the DL only carrier and the UL only carrier and aggregates it as a secondary cell, UL-DL configuration 7 of Table 2 may be added to Table 3. That is, total nine UL-DL configurations may be included in Table 3, and UL-DL configuration 7 of Table 2 may be added to Table 3 as UL-DL configuration 8. ¶ [0115] Or, a BS uses the existing UL-DL configurations 0 to 6 but may additionally use the method of transmitting information indicating the DL only carrier or the UL only carrier. ¶ [0144], ¶ [0208]).
Seo does not explicitly teach wherein the carrier aggregation configuration provides a time division multiplexing pattern configuration for the primary cell and for the secondary cell, wherein the time division multiplexing pattern configuration prevents uplink and downlink communications of the user equipment from occurring at an overlapping time.
Yi teaches wherein the carrier aggregation configuration provides a time division multiplexing pattern configuration for the primary cell and for the secondary cell, wherein the time division multiplexing pattern configuration prevents uplink and downlink communications of the user equipment from occurring at an overlapping time (figs. 8A-8D, ¶ [0168], In case collision between FDD DL and TDD DL, it may be addressed by eNB scheduling. In case of collision between FDD DL and TDD UL, it may be addressed by eNB scheduling and TDM-ed configuration among FDD DL subframe and TDD UL subframe).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to provide a time division multiplexing pattern configuration for the primary cell and for the secondary cell, wherein the time division multiplexing pattern configuration prevents uplink and downlink communications of the user equipment from occurring at an overlapping time in the system of Seo to mitigate interference (¶ [0078] of Yi).
Regarding claim 2, Seo in view of Yi teaches the apparatus of claim 1, wherein the at least one memory storing the instructions, when executed by the at least one processor, further cause the apparatus at least to perform receiving a scheduling pattern of downlink communication associated with the carrier aggregation of the primary cell and the secondary cell, wherein the communicating is based on the scheduling pattern (Seo: figs. 10-12).
Regarding claim 3, Seo in view of Yi teaches the apparatus of claim 2, wherein scheduling occasions of the scheduling pattern are non-overlapping between the primary cell and the secondary cell (Seo: fig 12, non-overlapping in frequency. Figs. 10, 11).
Regarding claim 4, Seo in view of Yi teaches the apparatus of claim 2, wherein, in the scheduling pattern, scheduling of a downlink of the primary cell is permitted when an uplink of the secondary cell is scheduled, and the uplink of the secondary cell and the downlink of the primary cell are scheduled at an overlapping time (Seo: fig. 12, ¶ [0112]-¶ [0115], ¶ [0142], ¶ [0146]).
Regarding claim 5, Seo in view of Yi teaches the apparatus of claim 2, wherein, in the scheduling pattern, scheduling an uplink of the primary cell is permitted when a downlink of the secondary cell is scheduled, and the downlink of the secondary cell and the uplink of the primary cell are scheduled at an overlapping time (Seo: fig. 12, ¶ [0112]-¶ [0115], ¶ [0142], ¶ [0143], ¶ [0146]).
Regarding claim 7, Seo in view of Yi teaches he apparatus of claim 1, wherein the at least one memory storing the instructions, when executed by the at least one processor, further cause the apparatus at least to perform receiving an activation of a scheduling pattern of the secondary cell, wherein the communicating is based on the scheduling pattern (Seo: ¶ [0101], the BS transmits the UL-DL configuration and switch information. ¶ [0102], ¶ [0105], The switch information may transmit in the corresponding cell-specific signaling or UE-specific signaling. ¶ [0112]-¶ [0115]).
Regarding claim 8, Seo in view of Yi teaches the apparatus of claim 1.
Seo does not explicitly teach wherein the communicating comprises the at least one memory storing the instructions, when executed by the at least one processor, causing the apparatus at least to perform avoiding communicating with the secondary cell in uplink while communicating with the primary cell in downlink.
Yi teaches avoiding communicating with the secondary cell in uplink while communicating with the primary cell in downlink (¶ [0078], the aggregation of TDD and FDD needs to be considered with frequency usage for TDD and FDD. That is, the aggregation of TDD and FDD needs to be configured under consideration of interference between bands and/or coexistence of bands. ¶ [0085], ¶ [0121], Since TDD is configured as PCell in CASE 1A, TDD DL shall be protected. To protect TDD DL, FDD UL may be used with lower power similar to flexible subframe defined for dynamic TDD UL/DL configuration. ¶ [0123], Alternatively, only FDD UL subframes which are aligned with TDD UL subframes may be used for any uplink transmission or PUCCH transmission. In this case, a UE may receive higher-layer signaling with a reference TDD DL/UL configuration which the UE shall follow to determine PUCCH and/or PUSCH timing. Or, a UE may receive higher-layer signaling with a subset of uplink subframes that UE can transmit any uplink signals or PUCCH signals. ¶ [0136], ¶ [0164], For conflict between PCell uplink and SCell downlink, it may be avoided by scheduling or eNB hardware. ¶ [0168], ¶ [0178] - ¶ [0182], ¶ [0188], ¶ [0198], ¶ [0284]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to avoid communicating with the secondary cell in uplink while communicating with the primary cell in downlink in the system of Seo in view of Yi to mitigate interference (¶ [0078] of Yi).
Regarding claim 9, Seo in view of Yi teaches the apparatus of claim 1, wherein the carrier aggregation configuration comprises a second cell configuration indicating an uplink-only configuration of the second cell (Seo: fig. 11, 12, ¶ [0109], The UL only carrier may be configured by various methods. For example, in FDD, the UL only carrier may be a cell in which only UL CC exists. That is, as shown in FIG. 12(a), in FDD, the UL only carrier may be the DL CC in which corresponding UL CC does not exist. Or, even for the UL CC in which exists the UL CC that is linked by system information block (SIB), the UL only carrier may be configured by setting to use only UL CC without using the DL CC. ¶ [0111], in case that the UL only carrier is used in TDD, it is preferable that all of the subframes in a frame are comprised of UL subframes only.).
Regarding claim 10, Seo in view of Yi teaches the apparatus of claim 1, Seo further teaches wherein the carrier aggregation configuration provides a link between a downlink of one serving cell and an uplink of another serving cell (figs. 10-12, ¶ [0109]-¶ [0115], ¶ [0142]).
Seo does not explicitly teach wherein the carrier aggregation configuration restricts how the uplink parts or downlink parts of the one serving cell or the another serving cell are usable based on the provided link.
Yi teaches wherein the carrier aggregation configuration restricts how the uplink parts or downlink parts of the one serving cell or the another serving cell are usable based on the provided link (figs. 8A-8D, ¶ [0135], ¶ [0136], ¶ [0168], In case collision between FDD DL and TDD DL, it may be addressed by eNB scheduling. In case of collision between FDD DL and TDD UL, it may be addressed by eNB scheduling and TDM-ed configuration among FDD DL subframe and TDD UL subframe. ¶ [0175], ¶ [0178]- ¶ [0182]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to provide an aggregation configuration that restricts how the uplink parts or downlink parts of the one serving cell or the another serving cell are usable based on the provided link in the system of Seo in view of Yi to mitigate interference (¶ [0078] of Yi).
Regarding claim 12, Seo in view of Yi teaches the apparatus of claim 1, wherein the carrier aggregation configuration indicates that the secondary cell at least partially uses a same physical resource block allocation as the primary cell (Seo: figs. 3, 10-12).
Regarding claim 15, Seo in view of Yi teaches the apparatus of claim 14, wherein the at least one memory storing the instructions, when executed by the at least one processor, further cause the apparatus at least to perform sending, to the user equipment, a scheduling pattern of downlink communication associated with the carrier aggregation of the primary cell and the secondary cell (Seo: figs. 10-12).
Regarding claim 16, Seo in view of Yi teaches the apparatus of claim 15, wherein scheduling occasions of the scheduling pattern are non-overlapping between the primary cell and the secondary cell (Seo: fig 12, non-overlapping in frequency. Figs. 10, 11).
Regarding claim 17, Seo in view of Yi teaches the apparatus of claim 15, wherein, in the scheduling pattern, scheduling of a downlink of the primary cell is permitted when an uplink of the secondary cell is scheduled, and the uplink of the secondary cell and the downlink of the primary cell are scheduled at an overlapping time (Seo: fig. 12, ¶ [0112]-¶ [0115], ¶ [0142], ¶ [0146]).
Regarding claim 18, Seo in view of Yi teaches the apparatus of claim 15, wherein, in the scheduling pattern, scheduling of an uplink of the primary cell is permitted when a downlink of the secondary cell is scheduled, and the downlink of the secondary cell and the uplink of the primary cell are scheduled at an overlapping time (Seo: fig. 12, ¶ [0112]-¶ [0115], ¶ [0142], ¶ [0143], ¶ [0146]).
Regarding claims 6 and 19, Seo view of Yi teaches the apparatus of claim 2, Seo further teaches wherein the at least one memory storing the instructions, when executed by the at least one processor, further cause the apparatus at least to perform dynamically switching the scheduling pattern based on a received cell-specific or UE-specific signaling (¶ [0047], ¶ [0101], the BS transmits the UL-DL configuration and switch information. ¶ [0102], ¶ [0105], The switch information may transmit in the corresponding cell-specific signaling or UE-specific signaling).
Seo does not explicitly teach perform dynamically switching the scheduling pattern based on a received downlink control information format or a control element of medium access control signaling.
Yi teaches receives medium access control signaling control element or downlink control information format for aggregation configuration (¶ [0051], ¶ [0378], ¶ [0379] The UE may configure signal according to the information on the scheduling, UL/DL configuration, DCI format, etc., ¶ [0284]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to perform dynamically switching the scheduling pattern based on a received downlink control information format or a control element of medium access control signaling in the system of Seo in view of Yi. The motivation for doing this is a matter of design choice.
7. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Seo in view of Yi as applied to claim 1 above, and further in view of Zhou et al. (US 2019/0357238 A1, hereinafter “Zhou”).
Regarding claim 13, Seo in view of Yi teaches the apparatus of claim 1, wherein the secondary cell is cross-carrier scheduled from the primary cell (¶ [0160], cross carrier scheduling is applied in the carrier aggregation system. ¶ [0186], In the cross carrier scheduling (CCS) different from the non-CCS (NCCS), the DL grant that schedules the PDSCH of the secondary cell is not transmitted in the above secondary cell but transmitted in the primary cell instead. ¶ [0187] The cross subframe scheduling may be configured by considering the interval in which the primary cell is the UL subframe and the secondary cell is the DL subframe and the interval in which the primary cell is the DL subframe and the secondary cell is the UL subframe).
Seo does not explicitly teach wherein the carrier aggregation configuration indicates that the secondary cell is cross-carrier scheduled from the primary cell
Zhou wherein the aggregation configuration indicates that the secondary cell is cross-carrier scheduled from the primary cell (¶ [0357] A base station may send (e.g., transmit), to one or more wireless devices, one or more messages comprising configuration parameters of a plurality of cells. The configuration parameters may indicate that cross-carrier scheduling for at least one second cell of the plurality of cells is performed by a first cell of the plurality of cells. The first cell may be a PCell, a PSCell, or an SCell. ¶ [0374]).
Thus, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to include, in the carrier aggregation configuration, indication that the secondary cell is cross-carrier scheduled from the primary cell in the system of Seo in view of Yi to further improve industrial applicability.
Response to Arguments
8. Applicant's arguments filed on November 13, 2025 have been fully considered but they are not persuasive.
9. Applicant argues “…Yi further discloses that scheduling may determine the direction at a given subframe can be used such that a UE follows eNB scheduling to determine the direction of either downlink or uplink at a subframe. Moreover, Yi discloses that if a UE is able to transmit only one uplink at once, PCell and SCell uplink may be TDM-ed or either PCell or SCell uplink is selected to be used exclusively. However, Yi does not disclose that the eNB scheduling or TDM-ed configuration are equivalent with a carrier aggregation configuration provides a time division multiplexing pattern configuration for the primary cell and for the secondary cell, nor the time division multiplexing pattern configuration prevents uplink and downlink communications of the apparatus from occurring at an overlapping time…”
Examiner respectfully disagrees and submits that Yi teaches wherein the carrier aggregation configuration provides a time division multiplexing pattern configuration for the primary cell and for the secondary cell, wherein the time division multiplexing pattern configuration prevents uplink and downlink communications of the user equipment from occurring at an overlapping time (figs. 8A-8D, ¶ [0164], For conflict of uplinks in PCell and SCell, eNB scheduling can be used to avoid potential collision. For conflict between PCell uplink and SCell downlink, it may be avoided by scheduling or eNB hardware. ¶ [0314], avoidance of simultaneous transmission by TDM. ¶ [0168], In case collision between FDD DL and TDD DL, it may be addressed by eNB scheduling. In case of collision between FDD DL and TDD UL, it may be addressed by eNB scheduling and TDM-ed configuration among FDD DL subframe and TDD UL subframe. In other words, conflict/collision between PCell uplink and SCell downlink is avoided by TDM configuration. i.e., the TDM configuration prevents uplink and downlink from occurring at an overlapping time.).
Therefore, Seo in view of Yi render obvious the amended claims 1, 14 and 20, as set forth above.
Conclusion
10. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANDISH RANDHAWA whose telephone number is (571)270-5650. The examiner can normally be reached Monday-Thursday (9 AM-7 PM).
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/MANDISH K RANDHAWA/Primary Examiner, Art Unit 2477