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 Objections
Claim 21 is objected to because of the following informalities: “the length (Tgap) of the transmission gap (Tgap)” in line 3 should be replaced with “the length of the transmission gap (Tgap)”, see claim 8 which recites “the length of the transmission gap (Tgap)”. Appropriate correction is required.
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 22-24 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 22 recites “the code is used to calculate Toffset”, claim 23 recites “an integer a range of 0 to 8” and claim 24 recites, for example, “an integer in the range of 2 to 8 corresponds a Toffset calculated as a fraction comprising the reciprocal of the code multiplied by an uplink compensation gap timer (TUCG)”.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 17-21 and 24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 17, the phrase " inserted with one or more subsequent transmission gaps (Tgaps) uplink compensation gap timer (TUCG)" in line 3 renders the claim indefinite because it is unclear what is being inserted. The examiner understood it as “inserted with one or more subsequent transmission gaps (Tgaps) after a duration of each uplink compensation gap timer (TUCG)” for the purpose of examination, see claim 2 for similar limitation.
Claim 21 recites the limitation "the uplink compensation gap duration" in line 2. There is insufficient antecedent basis for this limitation in the claim. The examiner understood it as “the uplink compensation gap timer” for the purpose of examination, see claim 17.
Regarding claim 24, the phrase "a Toffset of zero first transmission gap (Tgap)" renders the claim indefinite because it is unclear what “a Toffset of zero first transmission gap” means.
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)(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, 7, 8, 11, 12, 14-16 and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dai et al. (US Pub. 2023/0261838).
Regarding claims 1 and 14-16, Dai teaches a method performed by a user equipment (UE), the method comprising: receiving a control signal, the control signal schedules an uplink data or a downlink data (“DCI information may indicate the time resource allocation” in [0064]); and one of: inserting a transmission gap (Tgap) (see “Gap” 702 in Figure 7A), during transmission of the uplink data (see “UE Transmission/Reception” 704 in Figure 7A), at a time corresponding to a gap time offset (Toffset) after a start of the transmission of the uplink data (see “Offset” 703 in Figure 7A); and inserting a transmission gap (Tgap), during transmission of transmitting a feedback data corresponding to the downlink data, at a time corresponding to the gap time offset (Toffset) after a start of the transmission of the feedback data.
Regarding claim 7, Dai teaches the gap time offset (Toffset) is configured by higher layer (“The time resource allocation (e.g., starting position of the gap and gap duration) may be indicated in control information” in [0064]).
Regarding claim 8, Dai teaches the gap time offset (see “Offset” 703 in Figure 7A) excludes the length of the transmission gap (Tgap) (see “Gap” 702 in Figure 7A).
Regarding claim 11, Dai teaches the gap time offset is determined by at least one of a first scaling factor (α), a first time duration (T) and a second time duration (β) (“The time resource allocation (e.g., starting position of the gap and gap duration) may be indicated in control information” in [0064]).
Regarding claim 12, Dai teaches the first time duration (T) is configured by higher layer (“The time resource allocation (e.g., starting position of the gap and gap duration) may be indicated in control information” in [0064]) or determined by at least one of a resource unit number (NRU), a repetition number (NRep) and a slot time duration (Nslot) of the uplink data or the feedback data.
Regarding claim 22, Dai teaches the control signal comprises a code corresponding to the Toffset, wherein the code is used to calculate Toffset (“The time resource allocation (e.g., starting position of the gap and gap duration) may be indicated in control information” in [0064]).
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.
Claims 2-5 and 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al. in view of Wong et al. (US Pub 2020/0014572).
Regarding claims 2 and 17, Dai teaches the limitations in claims 1 and 16 as shown above. Dai, however, does not teach transmission of the uplink data or the feedback data occur within an uplink compensation gap timer (TUCG) and wherein transmission of the uplink data or the feedback data is inserted with one or more subsequent transmission gaps (Tgaps) after a duration of each uplink compensation gap timer (TUCG). Wong teaches transmission of the uplink data or the feedback data occur within an uplink compensation gap timer (TUCG) (“uplink transmission of duration TTX” in [0085]) and wherein transmission of the uplink data or the feedback data is inserted with one or more subsequent transmission gaps (Tgaps) (see “TGAP” in Figure 4) after a duration of each uplink compensation gap timer (TUCG) (“uplink transmission of duration TTX” in [0085]). It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Dai to have transmission of the uplink data or the feedback data occur within an uplink compensation gap timer (TUCG) and wherein transmission of the uplink data or the feedback data is inserted with one or more subsequent transmission gaps (Tgaps) after a duration of each uplink compensation gap timer (TUCG) as taught by Wong in order to correct frequency tracking offset to a tolerable level [0085].
Regarding claims 3 and 18, Dai teaches a first transmission gap (Tgap) (see the first “Gap” 702 in Figure 7A) starts from a gap time offset (Toffset) after the start of the uplink data or the feedback data (see “Offset” 703 in Figure 7A).
Regarding claims 4 and 19, Dai teaches the gap time offset (Toffset) is indicated in the control signal (“The time resource allocation (e.g., starting position of the gap and gap duration) may be indicated in control information” in [0064]).
Regarding claims 5 and 20, Wong teaches the gap time offset (Toffset) is in units of the uplink compensation gap timer (TUCG) (The gap time offset for the first gap in Figure 4 is one unit of the uplink compensation gap timer (TTX)).
Regarding claim 21, Wong teaches a start time slot of each transmission gap (Tgap) meets a condition determined by the uplink compensation gap duration (TUCG) (“uplink transmission of duration TTX” in [0085]), the length (Tgap) of the transmission gap (Tgap) (see “TGAP” in Figure 4), and a gap time offset (Toffset) (The gap time offset for the gap in Figure 4 is same as the uplink compensation gap timer (TTX)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CLEMENCE S HAN whose telephone number is (571)272-3158. The examiner can normally be reached Monday-Friday 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edan Orgad can be reached at (571)272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLEMENCE S HAN/Primary Examiner, Art Unit 2414