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 24 is rejected under 35 U.S.C. 101 because computer program per se is merely a set of instructions capable being executed by a computer. Computer program or software per se does not fall into one of the four statutory categories of invention, namely, a process, machine, manufacture, or a composition of matter. Therefore, computer program or software per se is considered non-statutory subject matter.
Since the specification does not exclude carrier wave from computer readable storage medium and it is known in the art that computer readable storage medium could be carrier wave, it would be reasonable to interpret the claimed computer readable storage medium as to cover carrier wave which is considered as nonstatutory subject matter. The examiner suggests modifying the phrase “computer readable storage medium" to be “non-transitory computer readable storage medium” to overcome the rejection.
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) 13-24 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takahashi et al. (US Application 2024/0089953, hereinafter Takahashi).
Regarding claims 13, 18, 23,and 24, Takahashi discloses a method, an apparatus, and a computer readable storage medium (Figs. 1, 8, 10,11) for performing operations by a user equipment (UE) in a wireless communication system, the method comprising:
at least one transceiver(220,230 see [0149]); at least one processor(1001); and at least one computer memory (1002,1003) operably connectable to the at least one processor and storing instructions that, when executed, cause the at least one processor to perform operations ([0174], which recites user terminal 20 may be configured as a computer apparatus that includes a processor 1001, a memory 1002, a storage 1003, a communication apparatus 1004) comprising:
receiving configured grant configuration from a network, wherein the configured grant configuration comprises a plurality of configured grant occasions([0009], which recites a reception section that receives information regarding a configured grant configuration. Multiple configured grants configuration is configured, determines a configured grant configuration to be applied); and
based on an uplink transmission being performed on one of the plurality of configured grant occasions ([0009], which recites Multiple configured grants configuration is configured, determines a configured grant configuration to be applied), transmitting information on at least one subsequent configured grant occasion on which the uplink transmission is to be performed among the plurality of configured grant occasions([0081]-[0082], which recites selecting a configured grant more suitable for UL transmission to perform the UL transmission, so that it is possible to improve the throughput of the UL transmission).
Regarding claims 14, 19, Takahashi discloses the method of claim 13, wherein the information related to the at least one subsequent configured grant occasion includes a number of the at least one subsequent configured grant occasion([0082]-[0084]).
Regarding claims 15, 20, Takahashi discloses the method of claim 13, wherein the information related to the at least one subsequent configured grant occasion includes an index of a configured grant to which the at least one subsequent configured grant occasion belongs([0034],[0048]).
Regarding claims 16, 21,Takahashi discloses the method of claim 13, wherein the information related to the at least one subsequent configured grant occasion is transmitted on preconfigured periodic resources([0067]-[0068]).
Regarding claims 17, 22,Takahashi discloses the method of claim 16, wherein the preconfigured periodic resources are associated with the plurality of configured grant occasions([0067]-[0068]).
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Moo Jeong can be reached at 571-272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DADY CHERY/Primary Examiner, Art Unit 2418
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