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 § 112
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 1, and 7 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 claims 1, and 7 , the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 7, the phrases “an acquisition unit" , “a priority determination unit” and “resource allocation unit” comprising a non-structural term “unit” and non-structural modifier “ acquisition , priority determination, an allocation”, would invoke 35 U.S.C. 112, sixth paragraph which proper structure from the specification. However, it is unclear from the specification what structure would be sufficient to achieve the function of the claimed acquisition and priority determination . The lack of sufficient structure in the specification renders the claim vague and indefinite.
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) 1-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gaal et al. (US Application 2021/0321416, hereinafter Gaal).
Regarding claims 1, and 7, Gaal discloses a radio communication method (Figs. 1, 4,5, 10,11) to be performed by a first radio communication system using a time division duplex scheme (Abstract), the radio communication method comprising:
an acquisition unit (fig. 8, item 810, see [0087] which discloses the connection establishment component using TDD in difference frequency bands. Therefore acquire time division multiplex configuration) configured to acquire a time division duplex configuration of a second radio communication system having a communication area that might overlap (Fig. 1 shown difference communication systems that can overlap, and [0034],described different communication system technologies that have multiple geographic area that can overlap as claimed by the instant application) a communication area of the first radio communication system( as shown on fig. 1, and described on [0034] the wireless communication 100 supports TDD coexistence techniques and comprising different geographic coverage areas 110 associated with different technologies may overlap, and overlapping geographic coverage areas 110 associated with different technologies may be supported by the same base station 105 or by different base stations 105, [0004], which recites a first operator may interfere with transmissions of a second operator. Thereby, at least two different communication system my overlap);
a priority determination unit (Fig. 8, item 825, see [0089] which recites the scheduling component 825 schedule higher priority DL transmissions in the first subset of DL slots, lower priority DL transmissions in the second subset of slots, higher priority UL transmissions in the third subset of UL slots. Thereby, determining slots priorities as claimed by the instant application) configured to determine priorities of slots of the first radio communication system, based on the time division duplex configuration acquired with respect to the second radio communication system, such that a priority of a first slot, in which an uplink slot timing or a downlink slot timing in the first radio communication system overlaps an uplink slot timing or a downlink slot timing in the second radio communication system([0064], which recites a TDD slot allocation for selecting DL or UL slots based on traffic condition and priorities of different slots as claimed by the instant application), is lower than a priority of a second slot, in which the uplink slot timing the downlink slot timing in the first radio communication system does not overlap the uplink slot timing or the downlink slot timing in the second radio communication system(as shown on fig. 3 and described on [0064], some slots having lower priorities do not overlap in different radio communication system); and
a resource allocation unit (fig. 9, items 940,945, [0103] described the inter-station communications manager 945 may manage communications with other base station 105, and may include a controller or scheduler for controlling communications with UEs 115 in cooperation with other base stations 105. For example, the inter-station communications manager 945 may coordinate scheduling for transmissions to UEs 115 for various interference mitigation techniques such as beamforming or joint transmission ) configured to allocate resources to the slots of the first radio communication system according to the priorities of the slots([0064],which recites slots allocation based their priorities).
Regarding claim 2, Gaal discloses the radio communication method according to claim 1, wherein the first slot also includes: a third slot, in which the uplink slot timing in the first radio communication system overlaps a downlink slot timing in the second radio communication system; and a fourth slot, in which the downlink slot timing in the ft radio communication system overlaps an uplink slot timing in the second radio communication system, and wherein a priority of the third slot and a priority of the fourth slot are determined to be different priorities([0011],[0027],[0108]).
Regarding claim 3, Gaal discloses the radio communication method according to claim 1, wherein the resources are allocated to slots having higher slot priorities, in descending order of resources having higher packet priorities([0012]).
Regarding claim 4, Gaal discloses the radio communication method according to claim 1, wherein the time division duplex configuration of the second radio communication system by snooping radio waves transmitted by the second radio communication system(Fig. 1, [0043]).
Regarding claim 5, Gaal discloses the radio communication method according to claim 1, wherein the first radio communication system shares resource allocation information with the second radio communication system, and wherein, when a timing of a slot in which the second radio communication system transmits a high-priority packet and a timing of a slot in which the first radio communication system transmits a low-priority packet having a lower priority than the high-priority packet overlap, the first radio communication system cancels transmission of the low-priority packet([0064]).
Regarding claim 6, Gaal discloses the radio communication method according to claim 1, wherein the second radio communication system synchronizes with the first radio communication system and uses a frequency band that is same as a frequency band of the first radio communication system([0061],[0064]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DADY CHERY whose telephone number is (571)270-1207. The examiner can normally be reached M to T, 8 am to 5pm.
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/DADY CHERY/ Primary Examiner, Art Unit 2418