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 Specie I of claims 6 and 26 in the reply filed on 04/07/2026 is acknowledged. The traversal is on the ground(s) that:
(a) “…Applicant respectfully traverses the restriction requirement because the Examiner has not sufficiently demonstrated a serious search and/or examination burden as required by applicable guidelines…The Examiner lists generic reasons (a) through (e) purportedly supporting the burden but fails to provide specific fact-based evidence or examples” (Applicant’s Remarks, page 12, 4th-5th paragraph);
(b) “…Moreover, the Examiner's grouping of species is inconsistent. For example, claims 13 and 14 are grouped under Specie IV, which is characterized as relating to HD/FD mode communication….However, these claims recite only reporting a capability to communicate in such modes, not actual communication, which contradicts the Examiner's characterization…” (Applicant’s Remarks, page 12, 6th paragraph); and
(c) “…claim 23 (Specie V) recites system information signaling substantially similar to claim 3, which the Examiner has identified as generic…If claim 3 is considered generic, claim 23 should also be regarded as generic rather than a separate species” (Applicant’s Remarks, page 12, 6th paragraph).
Regarding argument (a), this is not found persuasive because: (1) the evidence of different species by themselves are already specific evidence for a serious search and examination burden for an examiner. For example, a reference teaching Specie I which is directed to reception of DCI for communicating with a virtual cell may not necessarily be applicable to Specie II (or any of the other species) which is directed to transmission of a PRACH for contention based or contention-free random access procedure; and (2) each of Species I-V is classified to different CPC groups/subgroups which is specifically presented in the Restriction requirement.
Regarding argument (b), this is not found persuasive because claims 13 and 14 still specifically relate to operations/configurations of a UE to operate in full-duplex mode and/or half-duplex mode.
Regarding argument (c), this is persuasive and therefore claim 23 is included as part of the examined claims.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/14/2025 and 03/17/2025 are considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
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) 1-6, 11, 15, 23, 23-26 and 29-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thyagarajan et al. (WO 2021/101906 A1; hereinafter Thyagarajan).
Regarding claim 1, Thyagarajan shows an apparatus (Figure 11 shows a UE performing in part the methods of Figures 4-7.) for wireless communication at a user equipment (UE), comprising:
at least one memory comprising computer-executable instructions (Figure 11 shows software stored in memory.); and
one or more processors configured to execute the computer-executable instructions (Figure 11 shows a processor to execute the stored memory to perform the disclosed method.) and cause the UE to:
receive signaling indicating a plurality of non-contiguous subbands configured for a virtual cell (Figures 4-7; Par. 0055-0056, 0058, 0065, 0108-0109; UE receiving the fallback DCI indicating the number of sub-bands for uplink communications. Fallback DCI provides a non-contiguous allocation for indicating particular sub-bands where uplink communications are transmitted. Cell refers to a logical communication entity used for communication with a base station 105 (e.g., over a carrier), and may be associated with an identifier for distinguishing neighboring cells ( e.g., a physical cell identifier (PCID), a virtual cell identifier (VCID)) operating via the same or a different carrier.).); and
communicate in the virtual cell via the non-contiguous subbands (Figure 2 and 4; Par. 0111; The uplink communication may be transmitted on the one or more sub-bands that were determined to be used for the uplink communication based on the sub-band indication field in the fall back DCI.).
Regarding claim 2, Thyagarajan shows wherein the non-contiguous subbands are part of at least one of: an uplink bandwidth part (BWP) (Par. 0103, 0160; the non-contiguous sub-bands are part of the uplink BWP.) or a downlink BWP configured on the virtual cell.
Regarding claim 3, Thyagarajan shows wherein the signaling comprises system information (SI) (Par. 0058; the UE may monitor for a downlink transmission from the base station, which may provide an indication of the sub-band that is to be used. The indication of the sub-band may be based on a sub-band indicated in a remaining minimum system information (RMSI) communication.) which indicates a location, bandwidth (Par. 0093, 0102; a number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication.), and index of the subbands configured for the virtual cell on downlink, uplink (Par. 0102; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication.), or both downlink and uplink.
Regarding claim 4, Thyagarajan shows wherein:
a configuration of the uplink BWP or the downlink BWP comprises a bitmap (Par. 0102, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication.);
each bit of the bitmap corresponds to a subband of the non-contiguous subbands configured for the virtual cell (Par. 0102, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication.);
a first value of each bit indicates a corresponding subband is configured for the BWP (Par. 0102, 0109, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication. The sub-band indication field may provide a bitfield in which a value of the bits provided may be mapped to one or more sub-band index values); and
a second value of each bit indicates the corresponding subband is not configured for the BWP (Par. 0102, 0109, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication. The sub-band indication field may provide a bitfield in which a value of the bits provided may be mapped to one or more sub-band index values).
Regarding claim 5, Thyagarajan shows wherein:
a configuration of the uplink BWP or the downlink BWP comprises a first indication of a first subband and a second indication of a second subband (Par. 0102, 0109, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication. The sub-band indication field may provide a bitfield in which a value of the bits provided may be mapped to one or more sub-band index values); and
the first subband, the second subband, and all subbands with indices between a first index of the first subband and a second index of the second subband are configured for the BWP (Par. 0102, 0109, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication. The sub-band indication field may provide a bitfield in which a value of the bits provided may be mapped to one or more sub-band index values).
Regarding claim 6, Thyagarajan shows wherein communicating in the virtual cell comprises:
receiving a downlink control information (DCI) (Figure 3) comprising at least one of:
a frequency domain resource allocation (FDRA) field, wherein the FDRA field indicates one or more frequency allocations in the plurality of non-contiguous subbands for a communication to or from the UE (Figure 3; Par. 0099-0100; the fallback DCI may include a number of fields, including at least a a downlink/uplink field 320 that indicates if the DCI 305 is a downlink or uplink DCI, and a frequency division resource assignment (FDRA) field. The number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication.); or
a plurality of frequency domain resource allocation (FDRA) fields, wherein each FDRA field indicates one or more frequency allocations in a corresponding subband, of the plurality of non-contiguous subbands, for a communication to or from the UE.
Regarding claim 11, Thyagarajan shows wherein the one or more processors are further configured to cause the UE to:
receive, from a network entity, a downlink (DL) signal via one or more first subbands of an active DL bandwidth part (BWP) of the virtual cell (Figure 6; Par. 0123-0126; the base station 105-d may transmit the downlink communication to the UE 115-d. Downlink transmission is based on the downlink grant provided by the base station in step 620.); and
transmit, to the network entity, an uplink (UL) signal via one or more second subbands of an active UL BWP of the virtual cell (Par. 0123-0126; the UE 115-d may determine the one or more sub-bands for the uplink communication to the base station 105-d based on the fallback DCI.), wherein the active DL BWP and the active UL BWP comprise spectrum resources (Par. 0090; system bandwidth may be divided into multiple sub-bands, and when using fall back DCI one or more sub-bands for uplink communication may be indicated to a UE 115. Such sub-band indication may allow for the UE 115 to use a particular sub-band that is available for transmissions in a shared radio frequency spectrum band.) that are at least one of: refarmed from a legacy radio access technology (RAT) or shared with a legacy RAT (Par. 0061, 0073-0076; wireless communications system 100 may utilize both licensed and unlicensed radio frequency spectrum bands. In some aspects, wireless communications system 100 may employ License Assisted Access (LAA), LTE-Unlicensed (LTE-U) radio access technology, or NR technology in an unlicensed band such as the 5 GHz ISM band.).
Regarding claim 15, Thyagarajan shows an apparatus (Figure 15 shows a base station performing in part the methods of Figures 4-7.) for wireless communications at a network entity, comprising:
at least one memory comprising computer-executable instructions (Figure 15 shows software stored in memory.); and
one or more processors configured to execute the computer-executable instructions (Figure 15 shows a processor to execute the stored memory to perform the disclosed method.) and cause the network entity to:
configure a plurality of non-contiguous subbands for downlink (DL) or uplink (UL) operations for a virtual cell (Figures 4-7; Par. 0055-0056, 0058, 0065, 0108-0109; UE receiving the fallback DCI, configured by the base station, indicating the number of sub-bands for uplink communications. Fallback DCI provides a non-contiguous allocation for indicating particular sub-bands where uplink communications are transmitted. Cell refers to a logical communication entity used for communication with a base station 105 (e.g., over a carrier), and may be associated with an identifier for distinguishing neighboring cells ( e.g., a physical cell identifier (PCID), a virtual cell identifier (VCID)) operating via the same or a different carrier.).); and
communicate the configuration of the virtual cell (Figures 4-7; Par. 0055-0056, 0058, 0065, 0108-0109; base station transmits the fallback DCI to the UE.).
Regarding claim 23, Thyagarajan shows wherein communicating the configuration comprises transmitting signaling indicating the plurality of non-contiguous subbands, wherein the signaling comprises system information (SI) (Par. 0058; the UE may monitor for a downlink transmission from the base station, which may provide an indication of the sub-band that is to be used. The indication of the sub-band may be based on a sub-band indicated in a remaining minimum system information (RMSI) communication.) which indicates a location, bandwidth (Par. 0093, 0102; a number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication.), and index of the subbands configured for the virtual cell on downlink, uplink (Par. 0102; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication.), or both downlink and uplink.
Regarding claim 24, Thyagarajan shows wherein: the non-contiguous subbands are part of at least one of: an uplink bandwidth part (BWP) (Par. 0103, 0160; the non-contiguous sub-bands are part of the uplink BWP.) or a downlink BWP configured on the virtual cell;
a configuration of the uplink BWP or the downlink BWP comprises a bitmap (Par. 0102, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication.);
each bit of the bitmap corresponds to a subband of the non-contiguous subbands configured for the virtual cell (Par. 0102, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication.);
a first value of each bit indicates a corresponding subband is configured for the BWP (Par. 0102, 0109, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication. The sub-band indication field may provide a bitfield in which a value of the bits provided may be mapped to one or more sub-band index values); and
a second value of each bit indicates the corresponding subband is not configured for the BWP (Par. 0102, 0109, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication. The sub-band indication field may provide a bitfield in which a value of the bits provided may be mapped to one or more sub-band index values).
Regarding claim 25, Thyagarajan shows wherein: the non-contiguous subbands are part of at least one of: an uplink bandwidth part (BWP) (Par. 0103, 0160; the non-contiguous sub-bands are part of the uplink BWP.) or a downlink BWP configured on the virtual cell;
a configuration of the uplink BWP or the downlink BWP comprises a first indication of a first subband and a second indication of a second subband (Par. 0102, 0109, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication. The sub-band indication field may provide a bitfield in which a value of the bits provided may be mapped to one or more sub-band index values); and
the first subband, the second subband, and all subbands with indices between a first index of the first subband and a second index of the second subband are configured for the BWP (Par. 0102, 0109, 0132; the number of bits in the sub-band indication field 375 may be included along with bits of the FDRA field 370. A number of bits of the sub-band indication field 375 may correspond to a number of sub-bands (N), and may provide a bitmap sub-bands that are to be used for the corresponding uplink communication. The sub-band indication field may provide a bitfield in which a value of the bits provided may be mapped to one or more sub-band index values).
Regarding claim 26, this claim is rejected based on the same reasoning as presented in the rejection of claim 6.
Regarding claim 29, Thyagarajan shows a method (Figure 11 shows a UE performing in part the methods of Figures 4-7.) for wireless communications by a user equipment (UE), comprising:
receiving signaling indicating a plurality of non-contiguous subbands configured for a virtual cell (Figures 4-7; Par. 0055-0056, 0058, 0065, 0108-0109; UE receiving the fallback DCI indicating the number of sub-bands for uplink communications. Fallback DCI provides a non-contiguous allocation for indicating particular sub-bands where uplink communications are transmitted. Cell refers to a logical communication entity used for communication with a base station 105 (e.g., over a carrier), and may be associated with an identifier for distinguishing neighboring cells ( e.g., a physical cell identifier (PCID), a virtual cell identifier (VCID)) operating via the same or a different carrier.).); and
communicating in the virtual cell via the non-contiguous subbands (Figure 2 and 4; Par. 0111; The uplink communication may be transmitted on the one or more sub-bands that were determined to be used for the uplink communication based on the sub-band indication field in the fall back DCI.).
Regarding claim 30, Thyagarajan shows a method (Figure 15 shows a base station performing in part the methods of Figures 4-7.) for wireless communications by a network entity, comprising:
configuring a plurality of non-contiguous subbands for downlink (DL) or uplink (UL) operations for a virtual cell (Figures 4-7; Par. 0055-0056, 0058, 0065, 0108-0109; UE receiving the fallback DCI, configured by the base station, indicating the number of sub-bands for uplink communications. Fallback DCI provides a non-contiguous allocation for indicating particular sub-bands where uplink communications are transmitted. Cell refers to a logical communication entity used for communication with a base station 105 (e.g., over a carrier), and may be associated with an identifier for distinguishing neighboring cells ( e.g., a physical cell identifier (PCID), a virtual cell identifier (VCID)) operating via the same or a different carrier.).); and
communicating the configuration of the virtual cell (Figures 4-7; Par. 0055-0056, 0058, 0065, 0108-0109; base station transmits the fallback DCI to the UE.).
Claim Rejections - 35 USC § 103
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.
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) 18 is rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan in view of Bazzi et al. (EP 3 174 259 A1; hereinafter Bazzi).
Regarding claim 18, Thyagarajan show all of the elements including the non-contiguous subbands for communicating in the virtual cell by the UE, as discussed above. Thyagarajan does not specifically show transmitting one or more timing advance (TA) commands for the subbands to a user equipment (UE).
However, the above-mentioned claim limitations are well-established in the art as evidenced by Bazzi. Specifically, Bazzi shows transmitting one or more timing advance (TA) commands for the subbands to a user equipment (UE) (Par. 0029-0033, 0035, 0041; The signal is generated by applying filtering on a per subband basis such that a resource space is divided into a plurality of subbands, wherein each of the subbands includes one or more subcarriers. The method adjusts the transmission timing with respect to a reference timing by a correction amount, wherein the correction amount depends on the impulse response of the applied filtering.).
In view of the above, having the system of Thyagarajan, then given the well-established teaching of Bazzi, it would have been obvious before the effective filing date of the claimed invention to modify the system of Thyagarajan as taught by Bazzi, in order to provide motivation to lower failure rates during communications (Par. 0030 of Bazzi).
Claim(s) 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Thyagarajan in view of Xiong et al. (US 2023/0224880; hereinafter Xiong).
Regarding claim 19, Thyagarajan shows all of the elements including wherein the one or more processors are further configured to cause the network entity to: transmit, to a user equipment (UE), a downlink (DL) signal via one or more first subbands of the non-contiguous subbands (Figure 6; Par. 0123-0126; the base station 105-d may transmit the downlink communication to the UE 115-d. Downlink transmission is based on the downlink grant provided by the base station in step 620.); and receive, from the UE, an uplink (UL) signal via one or more second subbands of the non-contiguous subbands (Par. 0123-0126; the UE 115-d may determine the one or more sub-bands for the uplink communication to the base station 105-d based on the fallback DCI.).
Thyagarajan does not specifically show receiving, and simultaneously with the transmitting, an uplink (UL) signal.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Xiong. Specifically, Xiong shows receiving, and simultaneously with the transmitting, an uplink (UL) signal (Par. 0091, 0099; Under NOSB-FD, at a given symbol a gNB can simultaneously transmit DL signals and receive UL signals.).
In view of the above, having the system of Thyagarajan, then given the well-established teaching of Xiong, it would have been obvious before the effective filing date of the claimed invention to modify the system of Thyagarajan as taught by Xiong, in order to provide motivation to efficiently determine whether certain time-frequency resources are to be used for UL transmission or DL reception in a given symbol (Par. 0099 of Xiong).
Regarding claim 20, modified Thyagarajan shows all of the elements except configuring a duplexing frequency gap between the first subbands and the second subbands.
However, the above-mentioned claim limitations are well-established in the art as evidenced by Xiong. Specifically, Xiong shows configuring a duplexing frequency gap between the first subbands and the second subbands (Par. 0119, 0318; guard band between the DL and UL sub-bands.).
In view of the above, having the system of Thyagarajan, then given the well-established teaching of Xiong, it would have been obvious before the effective filing date of the claimed invention to modify the system of Thyagarajan as taught by Xiong, in order to provide motivation to efficiently determine whether certain time-frequency resources are to be used for UL transmission or DL reception in a given symbol (Par. 0099 of Xiong).
Allowable Subject Matter
Claim 17 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner submits that none of the prior art references cited in this action teaches the claimed subject matter as specifically presented in dependent claim 17. Examiner submits that the allowance of this application is based on an examination wherein the claim limitations recited in the dependent claims were not taken alone but in view of the scope of the claim(s) as a whole including any proceeding and/or preceding claim limitation(s) present within the claims and by their respective dependencies on other claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/REDENTOR PASIA/Primary Examiner, Art Unit 2413
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