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 .
Response to Amendment
Claims 1 and 3-10 were formerly rejected under 35 U.S.C. 102 (a) (1). Pursuant to applicant’s amendments these rejections have been withdrawn.
Claims 1 and 3-10 were formerly rejected under Non-statutory double Patenting. Pursuant to applicant’s amendments, these rejections have been withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3-10 under 35 U.S.C. 102 (a) (1) are persuasive therefore the rejections have been withdrawn. Hao does not expressly disclose the amended limitation requiring that the second frequency resource is configured to include a frequency resource within a third frequency resource for the data signal assigned by the first control signal . The non-statutory obviousness double patenting rejection of claims 1 and 3-10 Is withdrawn because the prior rejection does not address the newly added limitation of amended claim 1 and does not establish th have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1 and 3-10 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hao (CA 3,063,242, hereinafter Hao) in view of Liu et al.(US 11,425,729 B2, hereinafter Liu).
Regarding claim 1 Hao discloses a terminal, comprising (¶[0080],¶[0084]): control circuitry, which, in operation, configures a reception frequency resource for a certain control signal received after receiving a first control signal in a first frequency resource, to be a second frequency resource including a frequency resource different from the first frequency resource, the certain control signal being referred to as a second control signal, and reception circuitry, which, in operation, receives the second control signal in the second frequency resource (¶[0080]). Hao does not disclose wherein the control circuitry in operation , configures the second frequency resource to include a frequency resource within a third frequency resource for the data signal assigned by the first control signal . Liu discloses wherein the control circuitry in operation , configures the second frequency resource to include a frequency resource within a third frequency resource for the data signal assigned by the first control signal (column 13, lines 17-30; figures 10-13, wherein the second frequency band (BWP1 ) is shown in the larger third frequency band the third frequency band comprises the second frequency band and the third frequency band is a full band and the terminal-side determining of the first frequency band from those configured relationships). Liu discloses the applicable frequency band/resource is determined from the relationship between the smaller second band and the larger third band.
Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Hao’s configuration of the second frequency resource with Liu’s nested frequency band arrangement so that the second resource includes a frequency resource within a third frequency resource for the data signal assigned by the first control signal to provide a predictably improved organization of the control and data resource configuration (see Liu column 13, lines 53-67).
Regarding claim 3, Hao discloses the control circuitry in operation determines a configuration of the second frequency resource based on a resource configuration associated with a bandwidth part allocated to the terminal (¶[0080]).
Regarding claim 4, Hao discloses, wherein the control circuitry in operation determines a configuration of the second frequency resource based on a configuration of the first frequency resource (¶[0080], ¶[0084]).
Regarding claim 5, Hao discloses wherein the control circuitry in operation configures the first frequency resource in at least one of a first sub-band and/or a second sub-band, and configures the second frequency resource in the first sub-band and the second sub-band. (¶[0080],¶[0084]). Hao does not discloses the first sub-band corresponding to the first resource and the second sub-band corresponding to the third frequency resource. Liu discloses the first sub-band corresponding to the first resource and the second sub-band corresponding to the third frequency resource (figures 10-13, wherein the second frequency band (BWP1 ) is shown in the larger third frequency band the third frequency band comprises the second frequency band and the third frequency band is a full band and the terminal-side determining of the first frequency band from those configured relationships). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Hao’s configuration of the second frequency resource with Liu’s nested frequency band arrangement so that the second resource includes a frequency resource within a third frequency resource for the data signal assigned by the first control signal to provide a predictably improved organization of the control and data resource configuration (see Liu column 13, lines 53-67).
Regarding claim 6, Hao discloses wherein the control circuitry in operation determines to receive the second control signal in a sub-band when a frequency switching from the first sub-band to the second sub-band is performed, , and determines to receive the second control signal in the first sub-band a sub-band different from the sub-band frequency switching is not performed (¶[0080],¶[0084]).
Regarding claim 7, Hao discloses wherein the control circuitry in operation determines, when reception timing of a data signal assigned by the first control signal (¶[0041], wherein the reference singal includes the data signal) and reception timing of the second control signal are the same, to switch a reception frequency from the first frequency resource to either one of the second frequency resource and a third frequency source to which the data signal is assigned, based on at least one of a signal type or a process on a signal (¶[0080]).
Regarding claim 8, Hao discloses a base station, comprising: control circuitry, which, in operation, (figure 11) configures a frequency resource for a certain control signal received by a terminal
after the terminal receives a data signal assigned by a first frequency resource (¶[0041]), to be a second frequency resource including a frequency resource different from the first frequency resource, the certain control signal being referred to as a second control signal; and transmission circuitry, which, in operation, transmits the second control signal in the second frequency resource (¶0080, ¶[0084]). Hao does not disclose wherein the control signal in operation configures the second frequency resource to include a frequency resource within a third frequency resource for the data signal assigned by the first control signal.
Regarding claim 9, Hao discloses a communication method, comprising: configuring, by a terminal, a reception frequency resource for a certain control signal received after receiving a first control signal in a first frequency resource by the terminal, to be a second frequency resource including a frequency resource different from the first frequency resource, the certain control signal being referred to as a second control signal: and receiving, by the terminal, the second control signal in the second frequency resource (¶[0080],¶[0084]). Hao does not disclose the second frequency resource is configured to include a frequency resource within a third frequency resource for the data signal assigned by the first control signal. Liu discloses the second frequency resource is configured to include a frequency resource withi1n a third frequency resource for the data signal assigned by the first control signal (figures 10-13, wherein the second frequency band (BWP1 ) is shown in the larger third frequency band the third frequency band comprises the second frequency band and the third frequency band is a full band and the terminal-side determining of the first frequency band from those configured relationships). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Hao’s configuration of the second frequency resource with Liu’s nested frequency band arrangement so that the second resource includes a frequency resource within a third frequency resource for the data signal assigned by the first control signal to provide a predictably improved organization of the control and data resource configuration (see Liu column 13, lines 53-67).
Regarding claim 10, Hao discloses a communication method, comprising: configuring, by a base station, a frequency resource for a certain control signal received by a terminal after the terminal receives a a data signal assigned by a first control signal in a first frequency. resource, to be a second frequency resource including a frequency resource different from the first frequency resource, the certain control signal being referred to as a second control signal: and transmitting, by the base station, the second control signal m the second frequency resource (¶[0080], ¶[0084]). Hao does not disclose the second frequency resource is configured to include a frequency resource within a third frequency for the data signal assigned by the first control signal. Liu discloses the second frequency resource is configured to include a frequency resource within a third frequency for the data signal assigned by the first control signal (figures 10-13, wherein the second frequency band (BWP1 ) is shown in the larger third frequency band the third frequency band comprises the second frequency band and the third frequency band is a full band and the terminal-side determining of the first frequency band from those configured relationships). Thus, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify Hao’s configuration of the second frequency resource with Liu’s nested frequency band arrangement so that the second resource includes a frequency resource within a third frequency resource for the data signal assigned by the first control signal to provide a predictably improved organization of the control and data resource configuration (see Liu column 13, lines 53-67).
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 ANGEL T BROCKMAN whose telephone number is (571)270-5664. The examiner can normally be reached Monday-Thursday 6:00 AM-4:30 PM.
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/ANGEL T BROCKMAN/
Examiner, Art Unit 2412