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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 10 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matier. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter, the claims recite an embodiment of the applicant's invention directed towards a computer readable storage medium storing a program. It is noted, however, the recitation of the medium in the specification is not exclusory with respect to non-statutory medium types as no specific and limiting definition of “the medium” is provided. Thus, under the broadest reasonable interpretation, the full claim scope of "computer readable medium” would include non-statutory mediums such as carrier waves. As per the recent USPTO notice signed by director David Kappos on 1/26/2010: “The United States Patent and Trademark Office (USPTO) is obliged to give claims their broadest reasonable interpretation consistent with the specification during proceedings before the USPTO. See In re Zletz, 893 F.2d 319(Fed. Cir. 1989) (during patent examination the pending claims must be interpreted as broadly as their term reasonably allow). The broadest reasonable interpretation of a claim drawn to a computer readable medium (also called machine readable medium and other such variations) typically covers forms of non-transitory tangible media and transitory propagating signals per se in view of the ordinary and customary meaning of computer readable media, particularly when the specification is silent. See MPEP 2111.01. When the broadest reasonable interpretation of a claim covers a signal per se, the claim must be rejected under 35 U.S.C. 101 as covering non-statutory subject matter. See In re Nuijten, 500 F.3d 1346, 1356-57 (Fed. Cir. 2007) (transitory embodiments are not directed to statutory subject matter) and Interim Examination instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C.j101, Aug. 24, 2009; p.2.”
According to applicant's publication, paragraph [0106], a carrier medium generally may comprise a guiding/transporting medium and/or a storage medium. A guiding/transporting medium may be adapted to carry and/or carry and/or store signals, in particular electromagnetic signals and/or electrical signals and/or magnetic signals and/or optical signals. A carrier medium, in particular a guiding/transporting medium, may be adapted to guide such signals to carry them.
The scope of “computer readable storage medium’ therefore includes signal- based mediums. A signal dees not fall within one of the four statutory categories of invention (i.e., process, machine, manufacture, or composition of matter) because it is an ephemeral, transient signal and thus is non-statutory. Since the scope of “the medium” includes these non-statutory instances, claim 10 is directed to non-statutory subject matter.
Claim Rejections - 35 USC § 102
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) 3-4, 17-18 and 20-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang et al. (Yang), U.S. Patent No. 11,924,762.
Regarding Claim 3, Yang discloses a method of operating a signaling radio node (i.e., network device 110; see figure 11) in a wireless communication network, the method comprising:
transmitting a control information message (i.e., indication information) to a feedback radio node (i.e., indication information for indicating transmission information of the PSRS is sent to the terminal by the network device; see col. 6, line 66-col. 7, line 1), the control information message comprising a timing indication indicating a timing of reference signaling (i.e., PSRS), the reference signaling being scheduled for reception by the feedback radio node by the control information message (i.e., wherein the indication information is used for indicating transmission information of a power-saving reference signal (PSRS)…transmission information of the PSRS includes at least one of a sending position, a sending period and a sending timer of the PSRS… The sending position of the first PSRS may include: a time position for sending the PSRS… The sending period of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending period of the PSRS is reached… The sending timer of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending timer expires; see col. 6, lines 39-63).
Regarding Claim 4, Yang discloses a signaling radio node (i.e., network device 110; see figure 11) for a wireless communication network, the signaling radio node configured to:
transmit a control information message (i.e., indication information) to a feedback radio node (i.e., indication information for indicating transmission information of the PSRS is sent to the terminal by the network device; see col. 6, line 66-col. 7, line 1), the control information message comprising a timing indication indicating a timing of reference signaling (i.e., PSRS), the reference signaling being scheduled for reception by the feedback radio node by the control information message (i.e., wherein the indication information is used for indicating transmission information of a power-saving reference signal (PSRS)…transmission information of the PSRS includes at least one of a sending position, a sending period and a sending timer of the PSRS… The sending position of the first PSRS may include: a time position for sending the PSRS… The sending period of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending period of the PSRS is reached… The sending timer of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending timer expires; see col. 6, lines 39-63).
Regarding Claim 17, Yang discloses wherein the control information message schedules data signaling to be received by the feedback radio node (see col. 1, lines 24-41 and col. 10, lines 19-23).
Regarding Claim 18, Yang discloses wherein the control information message schedules data signaling for transmission by the feedback radio node (see col. 1, lines 24-41).
Regarding Claim 20, Yang discloses wherein the reference signaling represents Channel State Information Reference Signaling, CSI-RS (see col. 10, lines 19-23).
Regarding Claim 21, Yang discloses wherein the control information message, and data signaling and reference signaling scheduled by the control information message are associated to the same signaling structure (see col. 1, lines 24-41).
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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Wang et al. (Wang), U.S. Publication No. 2021/0021391.
Regarding Claim 19, Yang discloses the method as described above. Yang
fails to disclose wherein the timing indication schedules the reference signalling later in time than data signalling to be received by the feedback radio node, wherein a time interval Tguard is between the end of the data signalling and the beginning of the reference signalling. Wang discloses wherein the timing indication schedules the reference signalling later in time than data signalling to be received by the feedback radio node, wherein a time interval Tguard is between the end of the data signalling and the beginning of the reference signalling (see slot 2 in figure 7 and paragraph [0071]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Wang’s invention with Yang’s invention for improving the flexibility of resource scheduling as described throughout Wang.
Claim(s) 1-6, 8-10, 12-14, 15-18 and 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang in view of Yu et al. (Yu), U.S. Publication No. 2020/0267025.
Regarding Claim 1, Yang discloses a method of operating a feedback radio
node (i.e., terminal 120; see figure 12) in a wireless communication network, the method comprising:
a measurement report pertaining to reference signaling (i.e., RRM measurement
according to the received first PSRS; wherein the RRM measurement may include measurement of reference signal received power (RSRP) and/or reference signal received quality (RSRQ); see col. 12, lines 15-46), the reference signaling (i.e., PSRS) being scheduled for reception based on a control information message (i.e., indication information), the control information message comprising a timing indication indicating a timing of the reference signaling (i.e., wherein the indication information is used for indicating transmission information of a power-saving reference signal (PSRS)…transmission information of the PSRS includes at least one of a sending position, a sending period and a sending timer of the PSRS… The sending position of the first PSRS may include: a time position for sending the PSRS… The sending period of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending period of the PSRS is reached… The sending timer of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending timer expires; see col. 6, lines 39-63).
Yang fails to disclose transmitting the measurement report.
Yu discloses transmitting the measurement report (i.e., in step 406, the relay
UE performs the SL channel measurement based on the received SL SRS, and then transmits the measurement result such as RSRP or CSI to the eNB; see Figure 4A and par. 0060).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Yu’s invention with Yang’s invention for providing reliable communication services supporting QoS requirements, complexity and power consumption as described in paragraph [0005] of Yu.
Regarding Claim 2, Yang discloses a feedback radio node (i.e., terminal 120;
see figure 12) for a wireless communication network, the feedback radio node configured to:
a measurement report pertaining to reference signaling (i.e., RRM
measurement according to the received first PSRS; wherein the RRM measurement may include measurement of reference signal received power (RSRP) and/or reference signal received quality (RSRQ); see col. 12, lines 15-46), the reference signaling (i.e., PSRS) being scheduled for reception based on a control information message (i.e., indication information), the control information message comprising a timing indication indicating a timing of the reference signaling (i.e., wherein the indication information is used for indicating transmission information of a power-saving reference signal (PSRS)…transmission information of the PSRS includes at least one of a sending position, a sending period and a sending timer of the PSRS… The sending position of the first PSRS may include: a time position for sending the PSRS… The sending period of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending period of the PSRS is reached… The sending timer of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending timer expires; see col. 6, lines 39-63).
Yang fails to disclose transmit the measurement report.
Yu discloses transmit the measurement report (i.e., in step 406, the relay
UE performs the SL channel measurement based on the received SL SRS, and then transmits the measurement result such as RSRP or CSI to the eNB; see Figure 4A and par. 0060).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Yu’s invention with Yang’s invention for providing reliable communication services supporting QoS requirements, complexity and power consumption as described in paragraph [0005] of Yu.
Regarding Claim 10, Yang discloses a computer storage medium storing a
program (see col. 20, line 60-col. 21, line 4) comprising instructions causing processing circuitry to one or both control and perform a method, the method comprising:
a measurement report pertaining to reference signalling (i.e., RRM
measurement according to the received first PSRS; wherein the RRM measurement may include measurement of reference signal received power (RSRP) and/or reference signal received quality (RSRQ); see col. 12, lines 15-46), the reference signalling (i.e., PSRS) being scheduled for reception based on a control information message (i.e., indication information), the control information message comprising a timing indication indicating a timing of the reference signalling (i.e., wherein the indication information is used for indicating transmission information of a power-saving reference signal (PSRS)…transmission information of the PSRS includes at least one of a sending position, a sending period and a sending timer of the PSRS… The sending position of the first PSRS may include: a time position for sending the PSRS… The sending period of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending period of the PSRS is reached… The sending timer of the first PSRS may be statically/semi-statically or dynamically configured by the network device, and the network device sends the PSRS at a time instant or in a time window when the sending timer expires; see col. 6, lines 39-63).
Yang fails to disclose transmitting the measurement report.
Yu discloses transmitting the measurement report (i.e., in step 406, the relay
UE performs the SL channel measurement based on the received SL SRS, and then transmits the measurement result such as RSRP or CSI to the eNB; see Figure 4A and par. 0060).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Yu’s invention with Yang’s invention for providing reliable communication services supporting QoS requirements, complexity and power consumption as described in paragraph [0005] of Yu.
Regarding Claims 5 and 12, Yang and Yu disclose the method and
feedback radio node as described above. Yang further discloses wherein the control information message schedules data signalling to be received by the feedback radio node (see col. 1, lines 24-41 and col. 10, lines 19-23).
Regarding Claims 6 and 13, Yang and Yu disclose the method and
feedback radio node as described above. Yang further discloses wherein the control information message schedules data signalling for transmission by the feedback radio node (see col. 1, lines 24-41).
Regarding Claims 8 and 15, Yang and Yu disclose the method and
feedback radio node as described above. Yang further discloses wherein the reference signalling represents Channel State Information Reference Signalling, CSI-RS (see col. 10, lines 19-23).
Regarding Claims 9 and 16, Yang and Yu disclose the method and
feedback radio node as described above. Yang further discloses wherein the control information message, and data signalling and reference signalling scheduled by the control information message are associated to the same signalling structure (see col. 1, lines 24-41).
Claim(s) 7 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang and Yu in view of Wang.
Regarding Claims 7 and 14, Yang and Yu disclose the method and
feedback radio node as described above. Yang and Yu fails to disclose wherein the timing indication schedules the reference signalling later in time than data signalling to be received by the feedback radio node, wherein a time interval Tguard is between the end of the data signalling and the beginning of the reference signalling. Wang discloses wherein the timing indication schedules the reference signalling later in time than data signalling to be received by the feedback radio node, wherein a time interval Tguard is between the end of the data signalling and the beginning of the reference signalling (see slot 2 in figure 7 and paragraph [0071]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Wang’s invention with Yang’s invention for improving the flexibility of resource scheduling as described throughout Wang.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTELL LAKETA HEIBER whose telephone number is (571)272-0886. The examiner can normally be reached on M-F from 9am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy, can be reached at telephone number 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANTELL L HEIBER/Primary Examiner, Art Unit 2645
November 13, 2025