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 .
Specification
The Title includes "Narrow Bandwidth" however, the term "narrow" is not claimed.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 15 respectively of U.S. Patent No. 11,871,376. Although the claims at issue are not identical, they are not patentably distinct from each other because the patent claims include all the limitations of the instant application claims, respectively (see table below). The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, " a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claim preclude issuance of generic application claims”).
Claims 2-15, and 17-20 are rejected as being dependent on independent claims 1 and 16.
Application 18/522,612
U.S. Patent No. 11,871,376
Claim 1.
A method of wireless communication by a user-equipment (UE), comprising: communicating over a carrier comprising a plurality of bandwidth parts (BWPs) utilizing BWP hopping by switching between BWPs of the plurality of BWPs according to a hopping pattern; receiving a paging indicator message in a first BWP of the plurality of BWPs; responsive to the paging indicator message, switching from the first BWP to a paging BWP of the plurality of BWPs, the paging BWP configured to carry paging messages; and receiving a paging message in the paging BWP.
Claim 1.
A method of wireless communication at a user-equipment (UE), comprising: communicating over a carrier comprising a plurality of bandwidth parts (BWPs) utilizing BWP hopping by switching between BWPs of the plurality of BWPs according to a planned hopping pattern; receiving a paging indicator message in a first BWP of the plurality of BWPs; responsive to the paging indicator message, switching from the first BWP to a paging BWP of the plurality of BWPs, the paging BWP configured to carry paging messages, wherein switching from the first BWP to the paging BWP is not part of the planned hopping pattern; and receiving a paging message in the paging BWP.
Claim 16
An apparatus for wireless communication, comprising: a processor; a memory communicatively coupled to the processor; and a transceiver communicatively coupled to the processor, wherein the processor and the memory are configured for: communicating over a carrier comprising a plurality of bandwidth parts (BWPs) utilizing BWP hopping by configuring the transceiver to switch between BWPs of the plurality of BWPs according to a hopping pattern; receiving, via the transceiver, a paging indicator message in a first BWP of the plurality of BWPs; responsive to the paging indicator message, switching the transceiver from the first BWP to a paging BWP of the plurality of BWPs, the paging BWP configured to carry paging messages; and receiving, via the transceiver, a paging message in the paging BWP..
Claim 15
A user equipment (UE), comprising: one or more processors; a memory comprising instructions; and a transceiver communicatively coupled to the processor, wherein the one or more processors are configured to execute the instructions and cause the UE to: communicate over a carrier comprising a plurality of bandwidth parts (BWPs) utilizing BWP hopping by configuring the transceiver to switch between BWPs of the plurality of BWPs according to a planned hopping pattern; receive, via the transceiver, a paging indicator message in a first BWP of the plurality of BWPs; responsive to the paging indicator message, switch the transceiver from the first BWP to a paging BWP of the plurality of BWPs, the paging BWP configured to carry paging messages, wherein switching from the first BWP to the paging BWP is not part of the planned hopping pattern; and receive, via the transceiver, a paging message in the paging BWP.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 8, 10-11 and 16-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jung et al. (2023/0300790).
Regarding claims 1 and 16, Jung discloses an apparatus for wireless communication (see abstract, fig.1, element 105, and its description), comprising: a processor (see abstract, fig.10, element 1005, paragraph [0019] and its description); a memory communicatively coupled to the processor (see abstract, fig. 10, elements 1010, 1005, and its description); and a transceiver communicatively coupled to the processor, wherein the processor and the memory are configured for (see abstract, fig.10, elements 1025, 1010, 1005, and its description): communicating over a carrier comprising a plurality of bandwidth parts (BWPs) utilizing BWP hopping by configuring the transceiver to switch between BWPs of the plurality of BWPs according to a hopping pattern (see abstract, fig.1, element 105, fig.8, steps 805-810, paragraphs [0007], [0017], [0040-0041], [0093-0095] and its description); receiving, via the transceiver, a paging indicator message in a first BWP of the plurality of BWPs (see abstract, fig.1, element 105, fig.8, step 815, paragraphs [0001], [0005-0006] [0093-0096] and its description); responsive to the paging indicator message, switching the transceiver from the first BWP to a paging BWP of the plurality of BWPs, the paging BWP configured to carry paging messages (see abstract, fig.1, element 105, fig.8, steps 820-830, paragraphs [0096-0100] and its description); and receiving, via the transceiver, a paging message in the paging BWP (see abstract, fig.1, element 105, fig.8, step 835, paragraphs [0100-0101] and its description).
Regarding claims 2 and 17, Jung further discloses wherein the processor and the memory are further configured for: receiving, via the transceiver, a media access control (MAC) control element (CE) that includes the paging indicator message (see paragraphs [0057], [0085]).
Regarding claims 3 and 18, Jung further discloses wherein the processor and the memory are further configured for: receiving, via the transceiver, a downlink control information (DCI) message that includes the paging indicator message (see abstract, paragraphs [0004-0006], [0041], 0051-0053]).
Regarding claims 4 and 19, Jung further discloses wherein the DCI is common to a plurality of scheduled entities that includes the apparatus (see abstract, paragraphs [0004-0006], [0041], 0051-0053], [0082]).
Regarding claims 5 and 20, Jung further discloses wherein the first BWP is located at first resources, and the paging BWP is located at second resources having a predetermined relationship with the first resources (see paragraph [0007], [0107-0108]).
Regarding claim 8, Jung further discloses wherein paging indicator message comprises resource information for identifying a resource location of the paging BWP, the resource information comprising at least one of: an explicit indication of the resource location of the paging BWP; a radio network temporary identifier (RNTI) field comprising information indicating the resource location of the paging BWP; or an input parameter for a hashing function for calculation of the resource location of the paging BWP (see paragraphs [0027], [0053], [0108]).
Regarding claim 10, Jung further discloses wherein the communicating over the carrier comprising the plurality of BWPs utilizing BWP hopping comprises: monitoring a paging indicator search space of the first BWP according to a predetermined paging indication periodicity (see abstract, paragraphs [0050-0051], [0064]).
Regarding claim 11, Jung further comprising: switching from a previous BWP to the first BWP based on the predetermined paging indication periodicity (see abstract, paragraphs [0050-0051], [0054-0055], [0066]).
Allowable Subject Matter
Claims 6-7, 9 and 12-15 are 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's Note: Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
When responding to this Office Action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CongVan Tran whose telephone number is (571) 272-7871. The examiner can normally be reached Mon-Th.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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UNITED STATES PATENT AND TRADEMARK OFFICE
/CONGVAN TRAN/Primary Examiner, Art Unit 2647
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