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 Arguments
Applicant's arguments filed 11/12/2025 have been fully considered but they are not persuasive. With regard to Lei (US 2022/0006603 A1), the applicant alleges that the disclosure does not teach:
“sending first indication information to the user equipment in response to a working frequency band of the user equipment being a frequency division multiplexing frequency band”
The office respectfully disagrees with the applicants assertion.
With regard to the limitation, the disclosure of Lei teaches that the base station sends a UE capability inquiry element 706 of fig.7 in response to the UE being in RRC_CONNECTED with the base station. The applicant alleges that this disclosure is insufficient to support the “in response to a working frequency band of the user equipment being a FDM frequency band”. The office notes that the UE being in RRC_CONNECTED means that the UE has been configured by the UE with a one or more radio frequency band. The office notes that 5G fundamentally utilizes OFDM, wherein when the UE is in RRC_CONNECTED, it is known/implicit that the UE is utilizing an FDM frequency band.
For example, it is known that a cell operates on a frequency channel to provide communications between the UE and the network, such that, the base station when the UE is in RRC_CONNECTED knows which frequency bands the UE is utilizing, see “access to the air interface may be scheduled, wherein a scheduling entity (e.g., a base station 108) allocates resources for communication among some or all devices and equipment within its service area or cell. Within the present disclosure, as discussed further below, the scheduling entity may be responsible for scheduling, assigning, reconfiguring, and releasing resources for one or more scheduled entities.”, par.[0041]. By the UE being in RRC_CONNECTED, and being configured with a frequency band that supports one or more FDD modes, the base station can send a UE capability inquiry to the UE in order to determine which FDD modes the UE supports on the FDD band which was setup between the UE and base station during the UEs transition to RRC_CONNECTED. Thus, the disclosure of Lei at least teaches:
“sending first indication information to the user equipment in response to a working frequency band of the user equipment being a frequency division multiplexing frequency band”.
The applicant then describes the UE capability from Lei as a “global capability information” which is not for the working frequency band. The office is unpersuaded by the characterization. Moreover, the reporting of each capable FDD mode to the UE when the UE is operating and capable of operating according to a plurality of FDD modes ensures that the network can sufficiently support the transmission/reception operations of the UE in any of the supported FDD modes, while the UE is clearly operating on a FDM frequency band. For example, par.[0088] recites, in part:
“the UE capability report 708 can indicate that the UE can support various FDD modes that are different in discontinuous reception (DRX) and/or discontinuous transmission (DTX) configurations. In one aspect, the UE capability report 708 can indicate that the UE can support various FDD modes that are different in DL and/or UL reference signal resources. Examples of DL reference signals include, but are not limited to, CSI-RS, DM-RS, tracking reference signal (TRS) and PT-RS. Examples of UL reference signals include, but are not limited to, SRS, DM-RS and PT-RS. In one aspect, the UE capability report 708 can indicate that the UE can support various FDD modes that have different configurations of CSI, radio link monitoring (RLM), and/or radio resource management (RRM).”
Based on the capability information received from the UE, the base station can configure the FDD mode for the UE, so that the UE can operate in the FDM frequency band, based on the capabilities capable of being utilized at the UE. The applicants assertion that the capability is global is unfounded, and, it stands to reason that the base station would provide an FDD configuration for a UE in FDD to use in the fundamental CP-OFDM frequency band utilized in LTE and 5G.
The applicants arguments are unpersuasive.
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.
Claim(s) 1-2, 6-9, 13 and 16-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lei et al. (US 2022/0006603 A1).
Regarding claims 1 and 16, Lei discloses:
a network device (fig.18 depicts a scheduling entity such as a user equipment), comprising:
a processor (fig.18 depicts a processor element 1804) and a memory (fig.18 depicts a memory 1806);
wherein the memory is configured to store a computer program (fig.18 element 1850 and par.[0123]); and
the processor is configured to execute the computer program (fig.18 and par.[0123]) to implement:
a method for transmitting a capability of a user equipment (fig.7 depicts a UE capability reporting method and system, and UE in element 704), performed by a network device (fig.7 depicts a network device element 702), comprising:
sending first indication information (fig.7 the network node element 702 sends a UE capability Enquiry element 706 on FDD support to the UE element 704) to the user equipment (fig.7 the aforecited user equipment) in response to a working frequency band of the user equipment being a frequency division multiplexing frequency band (fig.7 the network sends to the UE a capability inquiry regarding FDD support. FDD corresponds to Frequency Division Multiplexing (FDM), par.[0003] which recites, in part, “In FDD, the transmitter and receiver at each endpoint can operate at different carrier frequencies or bands (i.e., frequency division multiplexing) for wireless communication.” wherein the base station is communicating with a UE using one of two types of FDD, and the base station needs to identify which modes and frequency the UE supports, see e.g. par.[0086] “The scheduling entity 702 (e.g., gNB) can transmit a UE capability inquiry 706 to the UE 704 that may have established an RRC connection (e.g., RRC connected mode) with the scheduling entity. The UE capability inquiry 706 (e.g., UECapabilityEnquiry message) can specify which information the scheduling entity wants to obtain from the UE.” That is, the network needs to know which FDD FDM frequency bands that are suitable for UE in order to properly configure the UE. The office interprets the RRC_CONNECTION as the “in response to a working frequency of the user equipment being a frequency division multiplexing frequency band”, wherein the base station when allowing the UE to enter the RRC_CONNECTED via a RACH process the UE utilizes a specific cell on a specific working frequency. The base station transmits the capability enquiry to the UE based on the fact that the base station knows the UE is utilizing a one or more particular OFDM frequency bands which are inherent to LTE and/or 5G. Additionally, during RRCConnectionSetup or Reconfiguration the base station sends the serving cell configuration),
wherein the first indication information (fig.7 the aforecited capability inquiry) is configured to indicate instructs the user equipment to report information of a duplex capability corresponding to the working frequency band (fig.7 element 708 and par.[0087] which recites, in part, “ The UE capability inquiry 706 (e.g., UECapabilityEnquiry message) can specify which information the scheduling entity wants to obtain from the UE………… In response to the UE capability inquiry 706, the UE 704 may transmit a UE capability report 708 to the scheduling entity 702. For example, the UE can transmit an RRC message including the UE capability report 708 (e.g., a UECapabilityInformation message). In some aspects, the UE capability report 708 may indicate supported frequency bands and FDD modes (e.g., one or more FD FDD modes and a HD FDD mode) supported by the UE.”.).
Regarding claim 2, Lei discloses:
Receiving reported information from the user equipment, wherein the reported information indicates the information of the duplex capability corresponding to the working frequency band for the user equipment (fig.7 element 708 wherein the UE reports the supported frequency bands as discussed above in par.[0087]).
Regarding claim 6, Lei discloses:
wherein in response to using carrier aggregation or establishing double links with the user equipment and in response to determining that the user equipment has the duplex capability in an uplink frequency band of the working frequency band, a transmission position of an uplink carrier is set in the working frequency band; and
in response to using the carrier aggregation or establishing the double links with the user equipment and in response to determining that the user equipment has the duplex capability in a downlink frequency band of the working frequency band, a transmission position of a downlink carrier is set in the working frequency band (fig.7 element 710, which teaches the network sending the FDD Mode Configuration, and par.[0089] which recites, in part, “the scheduling entity 702 can transmit the FDD mode configuration information 710 in an RRC message. In some aspects, the FDD mode configuration information 710 can indicate the FDD mode (e.g., FD FDD and HD FDD) selected for communication between the scheduling entity and UE and related configuration information”. Fig.6 depicts different carriers utilized for uplink and downlink communications, which are configured based upon the report from the UE to the network, and allows for FDM using FDD).
Regarding claim 7, Lei discloses:
sending resource scheduling information to the user equipment, the resource scheduling information being configured to indicate an uplink resource and a downlink resource that are consistent with the information of the duplex capability (fig.7 element 710 which depicts the transmission of the FDD mode configuration 710, par.[0089] which recites, in part, “the scheduling entity 702 can transmit the FDD mode configuration information 710 in an RRC message. In some aspects, the FDD mode configuration information 710 can indicate the FDD mode (e.g., FD FDD and HD FDD) selected for communication between the scheduling entity and UE and related configuration information”).
Regarding claims 8 and 17, Lei discloses:
a user equipment (fig.14 depicts a user equipment), comprising a processor (fig.14 element 1404) and a memory (fig.14 element 1406);
wherein the memory is configured to store a computer program (fig.14 element 1450 and par.[0103]); and
the processor is configured to execute the computer program to implement the method (fig.14 and par.[0106]) for:
transmitting a capability of a user equipment (fig.7 element 708), performed by the user equipment (the aforecited used equipment), comprising:
receiving first indication information from a network device (fig.7 element 706 which depicts the UE receiving a UE Capability Inquiry), wherein the first indication information being configured to indicate instructs the user equipment to report information of a duplex capability corresponding to a working frequency band (fig.7 which teaches the transmission of the UE capability inquiry, and the capability inquiry relates to FDD frequency bands usable by the UE and other information, par.[0087]).
Regarding claim 9, Lei discloses:
sending reported information to the network device, wherein the reported information indicates the information of the duplex capability corresponding to the working frequency band for the user equipment (fig.7 and par.[0087]).
Regarding claim 13, Lei discloses:
receiving resource scheduling information from the network device, wherein the resource scheduling information being configured to indicate indicates an uplink resource and a downlink resource that are consistent with the information of the duplex capability (par.[0087] and fig.7 last element).
Regarding claim 18, Lei discloses:
A non-transitory computer readable storage medium having stored therein instructions that, when invoked and executed by a computer, cause the computer to perform the method according to claim 1 (see rejection of claim 1 above).
Regarding claim 19, Lei discloses:
A non-transitory computer readable storage medium having stored therein instructions that, when invoked and executed by a computer, cause the computer to perform the method according to claim 8 (see rejection of claim 8 above).
Regarding claim 20, Lei discloses:
receiving reported information from the user equipment, wherein the reported information indicates the information of the duplex capability corresponding to the working frequency band for the user equipment (fig.7 element 708 wherein the UE sends the capability report to the base station).
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.
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) 3, 10, and 21, is/are rejected under 35 U.S.C. 103 as being unpatentable over Lei as applied to dependent claim 2, in view of Alanara et al. (WO 2010/076376 A1).
Regarding claims 3, 10, and 21, the disclosure of Lei teaches transmitting to a user equipment a capability inquiry and receiving from the UE a capability report as it pertains to the UE’s ability to perform full duplexing on a plurality of frequency bands, but does not explicitly disclose:
wherein the reported information comprises a first field, wherein the first field indicates that the user equipment has the duplex capability in an uplink frequency band and a downlink frequency band of the working frequency band in a case response to determining that the first field corresponds to a first value; and wherein the first field indicates that the user equipment does not have the duplex capability in the uplink frequency band and the downlink frequency band of the working frequency band in response to determining a case that the first field corresponds to a second value.
In an analogous art, the disclosure of Alanara teaches:
wherein the reported information comprises a first field, wherein the first field indicates that the user equipment has the duplex capability in an uplink frequency band and a downlink frequency band of the working frequency band in a case response to determining that the first field corresponds to a first value; and
wherein the first field indicates that the user equipment does not have the duplex capability in the uplink frequency band and the downlink frequency band of the working frequency band in response to determining a case that the first field corresponds to a second value (par.[0009] describes the UE capability information message comprising a bit field for each band in the list, wherein each band can be indicated as yes or no, and the ability to indicate whether on that particular band full duplexing is supported, which recites, in part, “the band list including only the choice bit for a band if the choice bit for the band is a first state indicating no support for the band, and the band list further including a duplex bit if the choice bit for the band is a second state indicating support for the band, the duplex bit indicating either half duplex operation or full duplex operation for the supported band.”).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to combine the capability reporting methods as discussed in Lei, with the capability reporting methods as discussed in Alanara. The motivation/suggestion would have been that by providing a bit for each band and an indication of full duplexing or not the UE can be properly configured by the network to ensure proper communication between the network and the UE to provide the best performance.
Allowable Subject Matter
Claim 4-5, 11-12, and 22, 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:
Kim et al. (US 2013/0039232 A1) “Method for Reporting Capability Information and Dual Mode User Equipment Adapted Thereto”
Chen et al. (WO 2013/104177 A1) “UE Capability Enquiry and Reporting Method and Device”
Park et al. (US 2014/0328228 A1) “Method and Device for Transmitting/Receiving Transmission Mode Information on User Terminal in Inter-Band TDD Transmission Scheme”
Bergius et al. (US 2017/0150355 A1) “Cellular Network Authentication Control”
Axmon et al. (US 2016/0234825 A1) “Conditional Network Capabilities for Improved System Performance”
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 JAMAAL HENSON whose telephone number is (571)272-5339. The examiner can normally be reached M-Thu: 7:30 am - 6:30 pm.
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JAMAAL HENSON
Primary Examiner
Art Unit 2411
/JAMAAL HENSON/Primary Examiner, Art Unit 2411