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 .
Priority
Applicant’s claim for the benefit of a prior-filed application, PCT/JP2021/008570 filed 3-4-21, under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8-30-23 & 2-3-25. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 1-7-26. These drawings are acceptable.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5, line 2,
“base station” should be changed to ---a base station---
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-5 are rejected under 35 U.S.C. 101 because the claimed invention is direct to an apparatus which is a physical hardware {e.g. claim 1 recites “a terminal comprising a processor”, claim 3 recites “a base station comprising a processor”, claim 4 recites “a radio communication system comprising a terminal comprising a first processor and a base station comprising a second processor, wherein the first processor and the second processor”, and claim 5 recites “using a processor of a terminal or a processor of a base station”}. However, the body of the claim(s) 1-5 only recite(s) a step of “apply a target subcarrier spacing lower than a specified subcarrier spacing, in a target frequency band that includes at least a portion of a specified frequency range in which the specified subcarrier spacing is defined as a minimum subcarrier spacing or a frequency band lower than the specified frequency range, wherein a frequency use efficiency of the target subcarrier spacing is higher than the frequency use efficiency of the specified subcarrier spacing”, which are defined as the programs of software {Patent Application Publication of this instant application, US 2024/0146593 A1: Figs.4-5 & ¶0107 wherein “The block diagram (FIGS. 4 and 5) used for the description of the above embodiment shows a block of functional units. Those functional blocks (structural components) can be realized by a desired combination of at least one of hardware and software.” And Fig.9 & ¶0109 wherein “Furthermore, the above-mentioned gNB 100 and UE 200 (the device) may function as a computer for processing the radio communication method of the present disclosure. FIG. 9 shows an example of the hardware configuration of the device. As shown in FIG. 9, the device may be configured as a computer device including a processor 1001, a memory 1002, a storage 1003, a communication device 1004, an input device 1005, an output device 1006, a bus 1007, etc.”}. This implies that applicant is claiming software, per se, lacking the hardware necessary to realize any of the underlying functionality. Therefore, the claims invention directed to non-statutory subject matter as computer programs, per se, i.e. the descriptions or expressions of the programs, are not physical “things.” Therefore, the claims invention is direct to both statutory such as apparatus and software “process” as stated in the specification.
If applicant wanted to claim a software, the software must store on a memory or non-transitory computer-readable medium being executable by a processor.
-Claim 2 is rejected in virtue of its dependency on to the independent claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as based on a disclosure which is not enabling. The disclosure does not enable one of ordinary skill in the art to practice the invention without “a memory, coupled to the processor, storing executable instructions (e.g. the method of “apply a target subcarrier spacing lower than a specified subcarrier spacing, in a target frequency band that includes at least a portion of a specified frequency range in which the specified subcarrier spacing is defined as a minimum subcarrier spacing or a frequency band lower than the specified frequency range, wherein a frequency use efficiency of the target subcarrier spacing is higher than the frequency use efficiency of the specified subcarrier spacing”{claim 5} or performed by the terminal and base station {claim 4}, when executed by the processor to perform the claimed operations”{Patent Application Publication of this instant application, US 2024/0146593 A1: Figs.4-5 & ¶0107 wherein “The block diagram (FIGS. 4 and 5) used for the description of the above embodiment shows a block of functional units. Those functional blocks (structural components) can be realized by a desired combination of at least one of hardware and software.” And Fig.9 & ¶0109 wherein “Furthermore, the above-mentioned gNB 100 and UE 200 (the device) may function as a computer for processing the radio communication method of the present disclosure. FIG. 9 shows an example of the hardware configuration of the device. As shown in FIG. 9, the device may be configured as a computer device including a processor 1001, a memory 1002, a storage 1003, a communication device 1004, an input device 1005, an output device 1006, a bus 1007, etc.” }, which is/are critical or essential to the practice of the invention but not included in the claim(s). See In re Mayhew, 527 F.2d 1229, 188 USPQ 356 (CCPA 1976).
In this case, claims 1-2 are directed to a terminal comprising a processor to perform apply step without a combination of elements {specification: UE 200-Fig.4}. Likewise, claims 3 is directed to a base station comprising a processor to perform an apply step without a combination of elements {specification: gNB 100-Fig.5}; and, claim 4 recites “a radio communication system comprising a terminal comprising a first processor and a base station comprising a second processor, wherein the first processor and the second processor” to perform an apply step; and claim 5 recites “using a processor of a terminal or a processor of a base station” to perform an apply step. Therefore, the terminal and the base station in claims 1-4 require these essential elements, e.g. a memory, coupled to the processors, storing executable instructions, when executed by the processor to perform the claimed apply operations. Likewise, the applying method (e.g. executable instructions) in claim 5 requires a memory, coupled to the first processor and the second processor, storing executable instructions, when executed by the first processor and the second processor, to perform the claimed operations.
-Claim 2 is rejected in virtue of its dependency on to the independent claim 1.
Allowable Subject Matter
Claim 2 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101 and 112(a & b) or 35 U.S.C. 112 (pre-AIA ), 1st & 2nd paragraphs, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Terminal Disclaimer
The terminal disclaimer filed on 1-7-26 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent Application 18/280,131 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant's arguments filed 1-7-26 have been fully considered but they are not persuasive.
A/. With respect to previous Obviousness Double Patenting rejection in the Non-Final Rejection.
-In reply, the applicant had filed a Terminal Disclaimer for U.S. Patent Application 18/280,131 in 1-7-26. Therefore, the previous Obviousness Double Patenting rejection in the Non-Final Rejection is hereby withdrawn.
B/. With respect to 101 rejections to claims 1-4, the applicant replied that claims 1-4 are not an abstract idea.
-In reply, the applicant is directed to 101 rejections for rejecting claims 1-4 as being a single means wherein a terminal or a base station, each comprises only a single means (e.g. a processor) to perform an apply step. In other words, claims 1-4 were not rejected as being an abstract. Therefore, 101 rejections stand.
C/. With respect to 112(a/f) rejections to claim 1-5, the applicant replied that the term “control unit”, now being amended as ---processor--- do not invoke 112f because the processor is found in paragraphs 0108, 0112 & 0113 in the publication of this application.
-In reply, the applicant’s argument is found persuasive. Therefore, 112 (a/f) rejections to claims 1-5 are hereby withdrawn.
D/. With respect to 112a rejection for missing essential limitations, the applicant argued that claims 4-5 recited “a first processor and a second processor” as hardware structures configured to perform the apply operation.
-In reply, the applicant is directed to {Patent Application Publication of this instant application, US 2024/0146593 A1: Figs.4-5 & ¶0107 wherein “The block diagram (FIGS. 4 and 5) used for the description of the above embodiment shows a block of functional units. Those functional blocks (structural components) can be realized by a desired combination of at least one of hardware and software.” And Fig.9 & ¶0109 wherein “Furthermore, the above-mentioned gNB 100 and UE 200 (the device) may function as a computer for processing the radio communication method of the present disclosure. FIG. 9 shows an example of the hardware configuration of the device. As shown in FIG. 9, the device may be configured as a computer device including a processor 1001, a memory 1002, a storage 1003, a communication device 1004, an input device 1005, an output device 1006, a bus 1007, etc.”}. This implies that applicant is claiming software, per se, lacking the hardware necessary to realize any of the underlying functionality. Therefore, the claims invention directed to non-statutory subject matter as computer programs, per se, i.e. the descriptions or expressions of the programs, are not physical “things.” Therefore, the claims invention is direct to both statutory such as apparatus and software “process” as stated in the specification. Therefore, 112a rejections to claim 1-5 stand.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Harada (US 20230071680 A1, same assignee) discloses a terminal including a communication unit configured to transmit and receive a multi-carrier signal in a frequency band equal to or higher than a predetermined frequency, and a control unit configured to determine a first frame structure of the multi-carrier signal, wherein in the first frame structure, at least one of a subcarrier spacing and a number of resource blocks in a maximum channel bandwidth, a CP (cyclic prefix) ratio, and a time unit or a frequency unit of scheduling is different from a second frame structure of the multi-carrier signal in a frequency band equal to or lower than the predetermined frequency {Claims 1-6}.
Park (US 2024/0032056 A1) discloses a communication technique for convergence of an IoT technology and a 5G communication system for supporting a higher data transmission rate beyond a 4G system, and a system therefor. The present disclosure can be applied to an intelligent service (for example, a smart home, a smart building, a smart city, a smart car or connected car, health care, digital education, retail business, security and safety-related service, etc.) on the basis of a 5G communication technology and an IoT-related technology. A method for communicating by a base station according to the present invention comprises transmitting control information relating to at least two services to a terminal; and transmitting data relating to the at least two services to the terminal, wherein at least one of a control region for transmitting the control information and a data region for transmitting the data may include at least two frequency bandwidths corresponding to each of the at least two services {Figs.1-21}.
Kim (US 2023/0119439 A1) discloses a method and a device for performing transmission/reception on the basis of a time unit group in a wireless communication system. According to one embodiment of the present disclosure, a method by which a terminal receives a downlink channel in a wireless communication system comprises the steps of: receiving configuration information about a slot group; monitoring a downlink control channel in one or more search space (SS) sets on the basis of the slot group; and receiving downlink control information (DCI) in the downlink control channel, wherein one or more from among the period, the offset and the duration of the SS sets can be set on the basis of granularity M (M is an integer greater than 1) of the slot group {Figs.1-11}.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONGCHAU BA NGUYEN whose telephone number is (571) 272-3148. The examiner can normally be reached Monday-Thursday 7:30 AM -5:30 PM.
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/PHUONGCHAU BA NGUYEN/ Primary Examiner, Art Unit 2464