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 .
CLAIM INTERPRETATION
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112 (pre-AIA § 112, sixth paragraph). The presumption that § 112 (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112 (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112 (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112, 6th except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112, 6th except as otherwise indicated in an Office action.
The limitation of claim 42 that recites “means for receiving” has been interpreted under 35 U.S.C. § 112 (sixth paragraph) because it uses a generic placeholder "means" couple with the functional language “receiving” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structure modifier. A review of the specification shows that transceiver (see [0063] USPN 20240147544) is associated with this feature.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112, sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
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.
Claims 1-4, 8, 20-22, 32, 33-36, 40, 42 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al (USPN 20230119744) in view of Nam (USPN 20190068348).
Regarding claim 1, Lin discloses
a wireless node, comprising: (wireless device, FIG. 15 #1510, comprising [0141-0144]
at least one transceiver (transceiver, FIG. 15 #1522 [0162]
one or more memories comprising instructions; and one or more processors configured to execute the instructions to cause the wireless node to: (memory, FIG. 15 #1530, comprising instructions executed by processor, FIG. 15 #1530, to perform operations [0160, 0163]
receive, via the at least one transceiver, a synchronization signal block (SSB) associated with a first numerology (wireless device receives MIB comprised in PBCH portion of SSB, via transceiver, FIG. 15 #1522, associated with initial BWP A associated with a numerology [0108, 0109, 0070, 0071, 0105-0108], FIGs. 4-7
SSB associated with the first numerology, information identifying time domain and frequency domain locations of one or more SSBs associated with a second numerology (system information/SIB1 transmitted in initial BWP, from network node system information identifying time and frequency locations of SSBs with each SSB associated with a BWP and a respective numerology [0071, 0072, 0094-0096, 0100, 0101, 0105-0108], FIGs. 4-7
Lin does not expressly disclose receive, via the at least one transceiver, from a base station and based at least in part on the SSB
Nam discloses receive, via the at least one transceiver, from a base station and based at least in part on the SSB (UE receives from base station via transceiver SIB1 based in part on PBCH of SSB [0005, 0007, 0117-0121], FIG. 8
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “receive, via the at least one transceiver, from a base station and based at least in part on the SSB” as taught by Nam into Lin’s system with the motivation to enable a UE to receive SIB1 system information based on SSB/SS/PBCH (Nam, paragraph [0005, 0007, 0117-0121], FIG. 8).
Claim 20 is rejected based on similar ground(s) provided in rejection of claim 1.
Regarding claim 33, Lin discloses
a non-transitory computer-readable medium, comprising: (memory, FIG. 15 #1530, comprising [0163]
instructions that, when executed by one or more processors of a wireless node, cause the wireless node to: (instructions executed by processor, FIG. 15 #1530, to perform operations [0160, 0163], FIGs. 4-7
receive, via at least one transceiver, a synchronization signal block (SSB) associated with a first numerology (wireless device receives MIB comprised in PBCH portion of SSB, via transceiver, FIG. 15 #1522, associated with initial BWP A associated with a numerology [0108, 0109, 0070, 0071]
SSB associated with the first numerology, information identifying time domain and frequency domain locations of one or more SSBs associated with a second numerology (system information/SIB1 transmitted in initial BWP, from network node system information identifying time and frequency locations of SSBs with each SSB associated with a BWP and a respective numerology [0071, 0072, 0094-0096, 0100, 0101, 0105-0108], FIGs. 4-7
Lin does not expressly disclose receive, via the at least one transceiver, from a base station and based at least in part on the SSB
Nam discloses receive, via the at least one transceiver, from a base station and based at least in part on the SSB (UE receives from base station via transceiver SIB1 based in part on PBCH of SSB [0005, 0007, 0117-0121], FIG. 8
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “receive, via the at least one transceiver, from a base station and based at least in part on the SSB” as taught by Nam into Lin’s system with the motivation to enable a UE to receive SIB1 system information based on SSB/SS/PBCH (Nam, paragraph [0005, 0007, 0117-0121], FIG. 8).
Regarding claim 42, Lin discloses
a wireless node, comprising: (wireless device, FIG. 15 #1510, comprising [0141-0144]
means for receiving a synchronization signal block (SSB) associated with a first numerology (wireless device receives MIB comprised in PBCH portion of SSB, via transceiver, FIG. 15 #1522, associated with initial BWP A associated with a numerology [0108, 0109, 0070, 0071], FIGs. 4-7
SSB associated with the first numerology, information identifying time domain and frequency domain locations of one or more SSBs associated with a second numerology (system information/SIB1 transmitted in initial BWP, from network node system information identifying time and frequency locations of SSBs with each SSB associated with a BWP and a respective numerology [0071, 0072, 0094-0096, 0100, 0101, 0105-0108], FIGs. 4-7
Lin does not expressly disclose means for receiving, via the at least one transceiver, from a base station and based at least in part on the SSB
Nam discloses means for receiving, via the at least one transceiver, from a base station and based at least in part on the SSB (transceiver, FIG. 3 #310, receives from base station via transceiver SIB1 based in part on PBCH of SSB [0005, 0007, 0117-0121], FIG. 8
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “receive, via the at least one transceiver, from a base station and based at least in part on the SSB” as taught by Nam into Lin’s system with the motivation to enable a UE to receive SIB1 system information based on SSB/SS/PBCH (Nam, paragraph [0005, 0007, 0117-0121], FIG. 8).
Regarding claims 2, 21, 34, Lin discloses “perform, via the at least one transceiver, an initial access procedure using an SSB of the one or more SSBs associated with the second numerology based at least in part on the information identifying the time domain and frequency domain locations of the one or more SSBs associated with the second numerology” wireless device performs random access using a suitable SSB found based on time/frequency information provided by system information, the suitable SSB associated with another BWP and another numerology [0108, 0072, 0084-0086]
Regarding claims 3, 22, 35, Lin discloses “receive the information identifying the time domain and frequency domain locations of the one or more SSBs associated with the second numerology via a system information block (SIB) associated with the first numerology” system information transmitted in initial BWP corresponding to a numerology, from network node system information/SIB1 identifying time and frequency locations of SSBs with each SSB associated with a BWP and a respective numerology [0071, 0072, 0094-0096, 0100, 0101, 0105-0108], FIGs. 4-7
Regarding claims 4, 36, Lin discloses “wherein the system information is one of remaining minimum system information (RMSI)” system information being RMSI [0095]
Regarding claims 8, 32, 40, Lin discloses “wherein the system information identifies the time domain and frequency domain locations of one or more nearest available SSBs associated with the second numerology” system information transmitted in initial BWP, identifying time and frequency locations of SSBs in the same cell with each SSB associated with a BWP and a respective numerology [0071, 0072, 0094-0096, 0100, 0101, 0105-0108], FIGs. 4-7
Claims 5, 6, 23, 31, 37, 38 are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Nam as applied to claims 1, 20, 33 and further view of Jiang (USPN 20230269768).
Regarding claims 5, 23, 37, Lin discloses “one or more SSBs associated with the second numerology” SSB associated with a BWP and a respective numerology [0071, 0072, 0094-0096, 0100, 0101, 0105-0108], FIGs. 4-7
“random access channel (RACH) procedure initiated” wireless device performs random access based on SSB associated with a numerology [0108, 0072, 0084-0086]
Combined system of Lin and Nam does not expressly disclose “receive during a random access channel (RACH) procedure, the information via a message”
Jiang discloses terminal receiving information associated with other SSBs in a MSGB message from base station [0127-0130, 0044, 0073, 0085]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “receive during a random access channel (RACH) procedure, the information via a message” as taught by Jiang into combined system of Lin and Nam with the motivation to enable a base station to provide location information regarding other SSBs to a UE (Jiang, paragraph [0127-0130, 0044, 0073, 0085]).
Regarding claims 6, 31, 38, combined system of Lin and Nam does not expressly disclose “wherein the message is a MsgB communication”
Jiang discloses terminal receiving information associated with other SSBs in a MSGB message from base station [0127-0130, 0044, 0073, 0085]
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “wherein the message is a MsgB communication” as taught by Jiang into combined system of Lin and Nam with the motivation to enable a base station to provide location information regarding other SSBs to a UE (Jiang, paragraph [0127-0130, 0044, 0073, 0085]).
Allowable Subject Matter
Claims 7, 9, 24, 25, 39, 41 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jung et al (WO 2019102264 A1) FIG.6
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI NGUYEN whose telephone number is (571)270-7632. The examiner can normally be reached M-F campus 10:30-5pm, telework 6pm-8pm| Telework count days.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian N Moore can be reached at (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THAI NGUYEN/Primary Examiner, Art Unit 2469
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