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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 7-10, 12, 22-23, 28-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TSG RAN WG1 #100bis, R1-2001588, “Discussion on UE feature for CLI,” ZTE, 2020 (hereinafter “ZTE” and cited in Applicant’s IDS) in view of Faxer et al. (“Faxer”) (WO 2020144624 A1).
Regarding claim 1, ZTE teaches:
An apparatus for wireless communication at a first user equipment (UE), comprising: a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus [page 2, 2.1 “CLI measurements UE capabilities” thus UE] to:
transmit, to a base station, capability signaling comprising an indication of a capability of the first UE to prioritize reception of downlink messages scheduled via a first type of scheduling which at least partially overlap with resources used to perform cross-link interference measurements [page 2 2.1, capability report includes cli-RSSI-FDM-DL-r16, indicating whether UE supports “prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported” as clarified in supporting document TS 38.3061];
obtain first set of resources for a downlink message from the base station to the first UE; obtain additional control signaling indicating a second set of resources usable by the first UE to perform cross-link interference measurements on signals transmitted by a second UE [page 3, “UE shall prioritize the DL transmission in case DL signal/channel (resources for a downlink message) and CLI RSSI resources (second set or resources for CLI) are FDMed for UEs indicating the FDMed reception is not supported.”],
wherein the second set of resources at least partially overlap with the first set of resources in a time domain [UE shall prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported” FMDed indicating resources are allocated at same time for CLI and DL, Examiner noting these were the agreed upon functions as in 3GPP TSG RAN WG1 #100bis-e R1-2002158 cited in Applicant’s IDS];
and receive the downlink message from the base station within the first set of resources based at least in part on the indication of the capability [UE shall prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported.].
ZTE teaches resources overlapping via FDM between CLI, known to be for measuring interference with another UE transmitting, and downlink messages and prioritizing the DL message. ZTE does not expressly teach these resources being allocated via control signaling.
Faxer teaches receive, from the base station, control signaling indicating a first set of resources for a downlink message from the base station to the first UE [¶008 decode PDSCH based on DCI in PDCCH, ¶0017-18 configure via control information TDD configurations]; receive, from the base station, additional control signaling indicating a second set of resources usable by the first UE to perform cross-link interference measurements on signals transmitted by a second UE [¶0084, ¶0086 indicated UE-to-UE CLI].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the resources allocated for data and CLI via control signaling as in Faxer. ZTE. ZTE shows that resources are obtained, and teaches a case in which CLI resources are FDMed (overlap) with DL data resources, requiring the UE to prioritize the DL data. It would have been obvious to specify control signaling with the CL and PDSCH resources as in Faxer in order that CLI may be detected, avoided as this is detrimental to system performance ¶0004.
Regarding claim 2, ZTE in view of Faxer teaches:
The apparatus of claim 1, wherein the instructions are further executable by the processor to cause the apparatus to: refrain from performing the cross-link interference measurements within the second set of resources based at least in part on the indication of the capability [ZTE, page 2-3, UE shall prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported, thus CLI RSSI not performed, DL transmission received instead].
Regarding claim 7, ZTE-Faxer teaches:
The apparatus of claim 1, wherein the instructions to transmit the capability signaling are executable by the processor to cause the apparatus to: transmit an indication of a first priority configuration associated with a first relative priority between reception of downlink messages scheduled via the first type of scheduling and cross-link interference-received signal strength indicator measurements [ZTE page 2 2.1, capability report includes cli-RSSI-FDM-DL-r16, indicating whether UE supports “prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported” corresponding to first priority]; and transmit an indication of a second priority configuration associated with a second relative priority between reception of downlink messages scheduled via the first type of scheduling and sounding reference signal-reference signal received power cross-link interference measurements [ZTE page 2 2.1, capability report includes cli-SRS-RSRP-FDM-DL-r16, indicating whether UE supports “prioritize the DL transmission in case DL signal/channel and SRS RSRP resources are FDMed for UEs indicating the FDMed reception is not supported” corresponding to second priority], wherein the first UE receives the downlink message in accordance with the first priority configuration or the second priority configuration [ZTE 2.1, page 2-3 “UE shall prioritize the DL transmission in case DL signal/channel and SRS RSRP resources are FDMed for UEs indicating the FDMed reception is not supported” and “UE shall prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported.”].
Regarding claim 8, ZTE-Faxer teaches:
The apparatus of claim 7, wherein the instructions to transmit the capability signaling are executable by the processor to cause the apparatus to: transmit an indication of a first set of one or more parameters associated with the first priority configuration, the first set of one or more parameters associated with a first capability of the first UE to prioritize reception of downlink messages scheduled via the first type of scheduling over cross-link interference-received signal strength indicator measurements [ZTE page 2-3, 2.1, send indication of set of parameter, being “cli-RSSI-FDM-DL-r16” parameter, indicating regarding CLI RSSI and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission]; and transmit an indication of a second set of one or more parameters associated with the second priority configuration, the second set of one or more parameters different from the first set of one or more parameters, the second set of one or more parameters associated with a second capability of the first UE to prioritize reception of downlink messages scheduled via the first type of scheduling over sounding reference signal-reference signal received power cross-link interference measurements [ZTE page 2-3, 2.1, send indication of set of second parameter, being “cli-SRS-RSRP-FDM-DL-r16” parameter, indicating regarding SRS RSRP measurement and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission].
Regarding claim 9, ZTE-Faxer teaches:
The apparatus of claim 1, wherein the instructions to transmit the capability signaling are executable by the processor to cause the apparatus to: transmit an indication of a first priority configuration associated with a first downlink channel, a first type of downlink message, or both [ZTE page 2-3, 2.1, send indication of set of parameter, being “cli-RSSI-FDM-DL-r16” parameter, indicating regarding CLI RSSI and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission, associated with first downlink channel being DL communication], the first priority configuration associated with a first relative priority between reception of downlink messages scheduled via the first type of scheduling and cross-link interference measurements [ZTE page 2-3, 2.1, send indication of set of parameter, being “cli-RSSI-FDM-DL-r16” parameter, indicating regarding CLI RSSI and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission, associated with first downlink channel being DL communication, considered first type, and relative to CLI RSSI measurement which is not performed]; and transmit an indication of a second priority configuration associated with a second downlink channel, a second type of downlink message, or both, the second priority configuration associated with a second relative priority between reception of downlink messages scheduled via the first type of scheduling and cross-link interference measurements, wherein the first UE receives the downlink message in accordance with the first priority configuration or the second priority configuration [ZTE page 2-3, 2.1, send indication of set of parameter, being “cli-SRS-RSRP-FDM-DL-r16” parameter, indicating regarding SRS RSRP and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission over SRS RSRP measurements, associated with first downlink channel being DL communication, considered first type, and relative to SRS RSRP being CLI, and prioritize DL communication reception (receives the downlink message in accordance with first or second priority)].
Regarding claim 10, ZTE-Faxer teaches The apparatus of claim 1.
ZTE teaches TDD configurations for DL but not semi-static.
Faxer teaches wherein the first type of scheduling comprises semi-static scheduling, semi-persistent scheduling, or both [¶0017-18, TDD for DL channel may be semi-static, being first type], and wherein a second type of scheduling different from the first type of scheduling comprises dynamic scheduling [Examiner notes that this has no patentable weight as claim 1 does not recite the use of a second type of scheduling different from the first type, regardless this is still taught in Faxer ¶0019].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify that the scheduling type may be semi-static as in Faxer who teaches this is an obvious combination of prior art elements according to known techniques in NR for supporting semi-static TDD UL/DL configurations for dynamic and flexible configurations ¶0015-17.
Regarding claim 12, ZTE-Faxer teaches:
The apparatus of claim 1.
ZTE teaches DL communication but does not teach activating.
Faxer teaches wherein the instructions are further executable by the processor to cause the apparatus to: receive, from the base station, a control message indicating an activation of the first set of resources, wherein receiving the downlink message is based at least in part on receiving the control message [¶0017-18 semi-static TDD configuration in Faxer configured via signaling, corresponding to activation of resources e.g. time resources].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the resources allocated for data and CLI via control signaling as in Faxer. ZTE. ZTE shows that resources are obtained, and teaches a case in which CLI resources are FDMed (overlap) with DL data resources, requiring the UE to prioritize the DL data. It would have been obvious to specify control signaling with the CL and PDSCH resources as in Faxer in order that CLI may be detected, avoided as this is detrimental to system performance ¶0004.
Regarding Claims 22, 23, 28-29, see similar rejections for claim 1-2, 7-8 respectively which teach the physical structure performing the corresponding steps.
Claim(s) 3, 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TSG RAN WG1 #100bis, R1-2001588, “Discussion on UE feature for CLI,” ZTE, 2020 (hereinafter “ZTE”) in view of Faxer et al. (“Faxer”) (WO 2020144624 A1) and Zhu et al. (“Zhu”) (US 20210067991 A1).
Regarding claim 3, ZTE-Faxer teaches:
The apparatus of claim 2, wherein, wherein refraining from performing the cross-link interference measurements within the second set of resources comprises refraining from performing the cross-link interference measurements within a first cross-link interference measurement instance [ZTE, UE shall prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported, thus CLI RSSI not performed in what is considered a first instance].
ZTE teaches refraining in a first instance but does not teach a plurality of instances and performing the measurement in a second instance.
Zhu teaches the second set of resources comprise a plurality of cross-link interference measurement instances [¶0067, gapless CLI measurements, in which a first CLI instance in a symbol is used for downlink reception, another symbol is used for CLI measurement, these being “back-to-back OFDM symbols” comprising two CLI measurements instances as ¶0069 shows the UE may not measure the CLI when FDMed with PDSCH but may measure in gapless mode], and wherein refraining from performing the cross-link interference measurements within the second set of resources comprises refraining from performing the cross-link interference measurements within a first cross-link interference measurement instance of the plurality of cross-link interference measurement instances [¶0067, ¶0069, refraining in a first instance according to gapless CLI measurement, ¶0069 “performing gapless CLI measurements, and the UE is not capable of performing an SRS RSRP measurement or a CLI RSSI measurement when a downlink channel of the serving BS or cell is frequency division multiplexed with a CLI measurement resource” and ¶0067 “receiving a downlink communication or transmitting an uplink communication in an OFDM symbol and performing a CLI measurement in the next consecutive OFDM symbol” ], wherein the instructions are further executable by the processor to cause the apparatus to: receive one or more signals from the second UE within a second cross-link interference measurement instance of the plurality of cross-link interference measurement instances, wherein the second cross-link interference measurement instance is subsequent to the first cross-link interference measurement instance [¶0067, ¶0069, according to gapless “For example, a gapless CLI measurement may include receiving a downlink communication or transmitting an uplink communication in an OFDM symbol and performing a CLI measurement in the next consecutive OFDM symbol”]; and perform the cross-link interference measurements on the one or more signals received within the second cross-link interference measurement instance base d at least in part on refraining from performing the cross-link interference measurements within the first cross- link interference measurement instance [¶0067, ¶0069 “For example, a gapless CLI measurement may include receiving a downlink communication or transmitting an uplink communication in an OFDM symbol and performing a CLI measurement in the next consecutive OFDM symbol” being a second CLI instance].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify refraining from CLI measurements in one instance and performing the measurements in the next for UEs that do not support FMDed CLI and DL as in Zhu ¶0067, ¶0069 to address the problem of different UEs having different capabilities and assigning CLI configurations that are supported by the UE ¶0061.
Regarding claim 24, see similar rejection for claim 3 which teaches the physical structure performing the corresponding steps.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP TSG RAN WG1 #100bis, R1-2001588, “Discussion on UE feature for CLI,” ZTE, 2020 (hereinafter “ZTE”) in view of Faxer et al. (“Faxer”) (WO 2020144624 A1) and Yoon et al. (“Yoon”) (US 20170086153 A1).
Regarding claim 11, ZTE-Faxer teaches:
The apparatus of claim 1.
ZTE-Faxer teaches receiving downlink but not FFT window.
Yoon teaches wherein the instructions are further executable by the processor to cause the apparatus to: identify a Fast Fourier transform window for receiving the downlink message based at least in part on transmitting the capability signaling, receiving the control signaling [¶0075, UE selects FFT window based on PDCCH corresponding to control signaling],or both, wherein the downlink message is received based at least in part on the identified Fast Fourier transform window [¶0073, ¶0075, FFT for PDSCH reception].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify determining the FFT window based on control signaling as in Yoon who teaches this allows the UE to demodulate PDSCH data traffic received from the network during subframes ¶0073.
Claim(s) 13, 17-21, 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Faxer et al. (“Faxer”) (WO 2020144624 A1) in view of 3GPP TSG RAN WG1 #100bis, R1-2001588, “Discussion on UE feature for CLI,” ZTE (hereinafter “ZTE”).
Regarding claim 13, Faxer teaches:
An apparatus for wireless communication at a base station, comprising: a processor; memory coupled with the processor; and instructions stored in the memory and executable by the processor to cause the apparatus to [¶0008 gNB] to:
transmit, to the first UE, control signaling indicating a first set of resources for a downlink message from the base station to the first UE [¶0008 decode PDSCH based on DCI in PDCCH]; transmit, to the first UE, additional control signaling indicating a second set of resources usable by the first UE to perform cross-link interference measurements on signals transmitted by a second UE [¶0084, ¶0086 CLI resources indicated for UE-to-UE CLI],
and transmit the downlink message to the first UE within the first set of resources [¶0008 DL transmission scheduled in PDSCH detected by UE]
Faxer teaches the base station device sending DL transmissions on allocated resources but does not teach capability information.
ZTE teaches receive, from a first user equipment (UE), capability signaling comprising an indication of a capability of the first UE to prioritize reception of downlink messages scheduled via a first type of scheduling which at least partially overlap with resources used to perform cross-link interference measurements [page 2 2.1, capability report from UE includes cli-RSSI-FDM-DL-r16, indicating whether UE supports “prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported” as clarified in page 11, page 90 of TS 38.3061];
Faxer teaches the base station device sending DL transmissions on allocated resources but does not teach scheduling overlapping resources.
ZTE teaches schedule first set of resources for a downlink message from the base station to the first UE; schedule additional control signaling indicating a second set of resources usable by the first UE to perform cross-link interference measurements on signals transmitted by a second UE [page 3, “UE shall prioritize the DL transmission in case DL signal/channel and CLI RSSI resources (corresponding to first set of resources for a downlink message and second set or resources for CLI being scheduled) are FDMed for UEs indicating the FDMed reception is not supported.”],
wherein the second set of resources at least partially overlap with the first set of resources in a time domain [UE shall prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported” FMDed indicating resources are allocated at same time for CLI and DL, Examiner noting these were the agreed upon functions as in 3GPP TSG RAN WG1 #100bis-e R1-2002158 cited in Applicant’s IDS].
Faxer teaches the base station device sending DL transmissions on allocated resources but does not teach transmitting based on capability.
ZTE teaches transmit the downlink message from the base station within the first set of resources based at least in part on the indication of the capability [UE shall prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported, thus DL transmitted in this case in response to capability of UEs not supporting DM CLI and DL transmissions].
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to specify the capability information and allocating resources for UEs in such a way that CLI resources and DL resources overlap as the UE would prioritize the DL message as in ZTE for scheduling devices that lack support for simultaneous CLI measurement and DL reception 2.1 page 2-3.
Regarding claim 17, Faxer-ZTE teaches:
The apparatus of claim 13.
wherein the instructions to receive the capability signaling are executable by the processor to cause the apparatus to: cause the apparatus to: receive an indication of a first priority configuration associated with a first relative priority between reception of downlink messages scheduled via the first type of scheduling and cross-link interference-received signal strength indicator measurements [ZTE page 2 2.1, capability report includes cli-RSSI-FDM-DL-r16, indicating whether UE supports “prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported” corresponding to first priority see rationale for combination as in claim 13]; and receive an indication of a second priority configuration associated with a second relative priority between reception of downlink messages scheduled via the first type of scheduling and sounding reference signal-reference signal received power cross-link interference measurements [ZTE page 2 2.1, capability report includes cli-SRS-RSRP-FDM-DL-r16, indicating whether UE supports “prioritize the DL transmission in case DL signal/channel and SRS RSRP resources are FDMed for UEs indicating the FDMed reception is not supported” corresponding to second priority, see rationale for combination as in claim 13], wherein the base station transmits the downlink message in accordance with the first priority configuration or the second priority configuration. [ZTE 2.1, page 2-3 “UE shall prioritize the DL transmission in case DL signal/channel and SRS RSRP resources are FDMed for UEs indicating the FDMed reception is not supported” and “UE shall prioritize the DL transmission in case DL signal/channel and CLI RSSI resources are FDMed for UEs indicating the FDMed reception is not supported” thus ZTE shows case where DL transmitted on FDMed resources, see rationale for combination as in claim 13].
Regarding claim 18, Faxer-ZTE teaches:
The apparatus of claim 17, wherein the instructions to receive the capability signaling are executable by the processor to cause the apparatus to: receive an indication of a first set of one or more parameters associated with the first priority configuration, the first set of one or more parameters associated with a first capability of the first UE to prioritize reception of downlink messages scheduled via the first type of scheduling over cross-link interference-received signal strength indicator measurements; [ZTE page 2-3, 2.1, send indication of set of parameter, being “cli-RSSI-FDM-DL-r16” parameter, indicating regarding CLI RSSI and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission see rationale for combination as in claim 13]; and receive an indication of a second set of one or more parameters associated with the second priority configuration, the second set of one or more parameters different from the first set of one or more parameters, the second set of one or more parameters associated with a second capability of the first UE to prioritize reception of downlink messages scheduled via the first type of scheduling over sounding reference signal-reference signal received power cross-link interference measurements. [ZTE page 2-3, 2.1, send indication of set of second parameter, being “cli-SRS-RSRP-FDM-DL-r16” parameter, indicating regarding SRS RSRP measurement and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission see rationale for combination as in claim 13].
Regarding claim 19, Faxer-ZTE teaches:
The apparatus of claim 13, wherein the instructions to receive the capability signaling are executable by the processor to cause the apparatus to: receive an indication of a first priority configuration associated with a first downlink channel, a first type of downlink message, or both [ZTE page 2-3, 2.1, send indication of set of parameter, being “cli-RSSI-FDM-DL-r16” parameter, indicating regarding CLI RSSI and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission, associated with first downlink channel being DL communication, see rationale for combination as in claim 13], the first priority configuration associated with a first relative priority between reception of downlink messages scheduled via the first type of scheduling and cross-link interference measurements [ZTE page 2-3, 2.1, send indication of set of parameter, being “cli-RSSI-FDM-DL-r16” parameter, indicating regarding CLI RSSI and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission, associated with first downlink channel being DL communication, considered first type, and relative to CLI RSSI measurement which is not performed]; and receive an indication of a second priority configuration associated with a second downlink channel, a second type of downlink message, or both, the second priority configuration associated with a second relative priority between reception of downlink messages scheduled via the first type of scheduling and cross-link interference measurements, wherein the base station transmits the downlink message in accordance with the first priority configuration or the second priority configuration [ZTE page 2-3, 2.1, send indication of set of parameter, being “cli-SRS-RSRP-FDM-DL-r16” parameter, indicating regarding SRS RSRP and DL communication, “FDMed reception is not supported” and thus prioritize DL transmission over SRS RSRP measurements, associated with first downlink channel being DL communication, considered first type, and relative to SRS RSRP being CLI, and prioritize DL communication reception (receives the downlink message in accordance with first or second priority) see rationale for combination as in claim 13].
Regarding claim 20, Faxer-ZTE teaches:
The apparatus of claim 13, wherein the first type of scheduling comprises semi-static scheduling, semi-persistent scheduling, or both [Faxer ¶0017-18, TDD for DL channel may be semi-static, being first type], and wherein a second type of scheduling different from the first type of scheduling comprises dynamic scheduling [Examiner notes that this has no patentable weight as claim 1 does not recite the use of a second type of scheduling different from the first type, regardless this is still taught in Faxer ¶0019].
Regarding claim 21, Faxer-ZTE teaches:
The apparatus of claim 13, wherein the instructions are further executable by the processor to cause the apparatus to: transmit, to the first UE, a control message indicating an activation of the first set of resources, wherein transmitting the downlink message is based at least in part on transmitting the control message [Faxer ¶0017-18 semi-static TDD configuration in Faxer configured via signaling, corresponding to activation of resources e.g. time resources].
Regarding claim 30, see similar rejection for claim 13 which teaches the physical structure performing the corresponding steps.
Allowable Subject Matter
Claim 4-6, 14-16, 25-27 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
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/JAY L VOGEL/ Primary Examiner, Art Unit 2478
1 3GPP TS 38.306 V16.4.0 (2021-03), "3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; User Equipment (UE) radio access capabilities, referenced by ZTE NPL document and considered conventional subject matter in the art according to the disclosed specification