DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Cross Reference to Related Applications
2. The present application is a 35 U.S.C. 371 National Phase entry of Patent Cooperation Treaty (PCT) Application No. PCT/CN2021/1 19486, filed September 21, 2021, which is incorporated by reference in its entirety as if fully set forth for all applicable purposes.
Claims status
3. This office action is a response to an application filed on January 18, 2024 in which claims 1-30 are pending for examination.
Drawings
4. The Examiner contends that the drawings submitted on January 18, 2024 are acceptable for examination proceedings.
Information Disclosure Statement
5. The Examiner has considered the reference(s) listed on the Information Disclosure Statement submitted on January 18, 2024.
Claim Objection (minor informalities)
6. Claims 15 and 16 are objected to because of the following informalities:
Claim 15 recites “…CLI measurement by by radio resource control…”.
It appears that “…CLI measurement by by radio resource control…” i.e. redundant “by” is a typological error for “…CLI measurement by radio resource control…”.
Claim 16 recites “…for controlling the communication means, wherein controlling means further includes:…”.
It appears that “…for controlling the communication means, wherein controlling means further includes:…” is a typological error for “…for controlling the communication [[means]], wherein controlling means further includes:…”.
35 USC § 112 (f) Claim Limitations Analysis
7. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
CLAIM INTERPRETATION
8. Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
9. Claims 16-20 have been analyzed under 35 U.S.C. 112(f) or 35 U.S.C. 112, sixth paragraph.
Regarding claims 16-20, the limitation recite(s) “means for communicating…”; “means for controlling ...”; “means for receiving….”; and “means for performing…” are being treated in accordance with 112(f) because the functions of “communicating”, “controlling”, “receiving” and “performing” are modified by the term “means” which is a word that serves as a generic placeholder for structure that performs the recited functions.
Regarding the above claim limitations, the corresponding structure can be found on Figs. 5-6, 9-10, as used herein, the functions described herein may be implemented in hardware, software executed by a processor, firmware, or any combination thereof; if implemented in software executed by a processor, the functions may be stored on or transmitted over as one or more instructions or code on a computer-readable medium; other examples and implementations are within the scope of the disclosure and appended claims; for example, due to the nature of software, functions described above can be implemented using software executed by a processor, hardware, firmware, hardwiring, or combinations of any of these; paragraphs [0049], [0059]-[0060], [0068]-[0069], [0082], [0089]-[0092],[0094], [0096]-[0099], [0105]-[0106] in specification (US 2025/0008492 A1). [Note: MPEP 2181, Non-specialized functions: functions known by those of ordinary skill in the art as being commonly performed by a general purpose computer or computer component].
If Applicant wishes to provide further explanation or dispute the Examiner's interpretation of the corresponding structure, Applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office Action.
If the Applicant does not intend to have the claimed limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, Applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance with 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
10. 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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.
11. 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 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.
12. Claims 1-4, 6-13, 15, 22-24, 25 and 27-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LIU et al. (US 2024/0114489 A1), hereinafter “Liu”.
Regarding claim 1, Liu discloses a method of wireless communication performed by a user equipment (UE) (Fig.2, cross-link interference (CLI) measurement method according to present disclosure), the method comprising:
receiving an assigned slot format from a network (paragraphs [0073], [0086], CLI measurement resource using higher layer signaling or DCI configured a slot format), the slot format including a plurality of symbols (paragraphs [0073], [0086], symbols classified into three types: uplink, downlink and flexible), a first subset of the symbols being designated for uplink (paragraphs [0073], [0086], subset classified for uplink symbol), a second subset of the symbols being designated for downlink (paragraphs [0073], [0086], subset classified for downlink symbol), and a third subset of the symbols being designated as flexible (paragraphs [0073], [0086], subset classified for flexible symbol); and
performing an uplink transmission on a first symbol of the third subset (paragraphs [0086]-[0089], [0097]-[0098], symbol preferably used for uplink transmission), wherein the first symbol of the third subset is configured for crosslink interference (CLI) measurement (paragraphs [0086]-[0089], [0097]-[0098], resource configuration to perform CLI measurement).
Regarding claim 2, Liu discloses the slot format is configured by radio resource control (RRC) signaling (paragraphs [0073], [0099], resource configured as uplink symbol by using RRC).
Regarding claim 3, Liu discloses the first symbol of the third subset is: semi-statically scheduled for uplink by radio resource control (RRC) signaling (paragraph [0128], semi-persistent measurement configuration by RRC).
Regarding claim 4, Liu discloses the uplink transmission is dynamically scheduled (paragraph [0089], dynamic uplink transmission when determining a conflict occurs).
Regarding claim 6, Liu discloses the uplink transmission includes at least one item selected from a list consisting of: a physical UL control channel (PUCCH) signal; a physical UL shared channel (PUSCH) signal; and a sounding reference signal (SRS) (paragraph [0079], uplink signal including PUSCH, PUCCH, SRS or PRACH).
Regarding claim 7, Liu discloses the third subset is scheduled for CLI measurement by radio resource control (RRC) signaling (paragraph [0073], CLI measurement resource by using higher layer).
Regarding claim 8, Liu discloses providing a capability report to the network, the capability report comprising an indication that the UE supports the uplink transmission for a physical UL control channel (PUCCH), a physical UL shared channel (PUSCH), and a sounding reference signal (SRS) in the first symbol of the third subset (paragraphs [0079], [0089], [0171], uplink signal may include PUSCH, PUCCH, SRS or PRACH; the network device configures the first resource for CLI measurement, and the network device indicates, by using the DCI, that the one or more symbols in which the first resource is located are used to send an uplink signal or receive a downlink signal).
Regarding claim 9, Liu discloses providing a capability report to the network, the capability report comprising an indication that the UE supports the uplink transmission for a dynamic occurrence of a physical UL shared channel (PUSCH) and a sounding reference signal (SRS) in the first symbol of the third subset (paragraphs [0074], [0079], [0089], [0171], uplink signal may include PUSCH, PUCCH, SRS or PRACH; the network device configures the first resource for CLI measurement, and the network device indicates, by using the DCI, that the one or more symbols in which the first resource is located are used to send an uplink signal or receive a downlink signal).
Regarding claim 10, Liu discloses a user equipment (UE) (Fig.2, cross-link interference (Cross-link Interference, CLI) measurement according to radio resource control) comprising: a transceiver configured to communicate with a network; and a processor configured to interface with the transceiver (Figs. 5-8, transceiver configured to communicate with network and processor configured to interface with the transceiver), wherein the processor is further configured to:
receive an assigned slot format from the network (paragraphs [0073]-[0074], [0086], CLI measurement resource using higher layer signaling or DCI configured a slot format), the slot format including a plurality of symbols (paragraphs [0073]-[0074], [0086], symbols classified into three types), a first subset of the symbols being designated for uplink, a second subset of the symbols being designated for downlink, and a third subset of the symbols being designated as flexible (paragraphs [0073]-[0074], [0086], symbol classified into three types as uplink, downlink and flexible); and
perform an uplink transmission on a first symbol of the third subset (paragraphs [0074], [0086]-[0089], [0097]-[0098], symbol preferably used for uplink transmission), wherein the first symbol of the third subset is before and adjacent a second symbol (paragraph [0074], resource used to perform CLI measurement as a group of symbols in one slot) that is configured for crosslink interference (CLI) measurement (paragraphs [0074], [0086]-[0089], [0097]-[0098], resource configuration to perform CLI measurement).
Regarding claim 11, Liu discloses the processor is further configured to report to the network a capability to transmit on the first symbol (paragraphs [0079], [0089], [0171], the one or more symbols in which the first resource is located are used to send an uplink signal or receive a downlink signal).
Regarding claim 12, Liu discloses the processor is further configured to report to the network a number of symbols before the second symbol on which the UE is capable of uplink transmission (paragraphs [0079], [0089], [0171], the one or more symbols in which the first resource is located are used to send an uplink signal or receive a downlink signal).
Regarding claim 13, Liu discloses the processor is further configured to report to the network a number of symbols after the second symbol on which the UE is capable of uplink transmission (paragraphs [0079], [0089], [0171], the one or more symbols in which the first resource is located are used to send an uplink signal or receive a downlink signal).
Regarding claim 15, Liu discloses the second symbol is configured for CLI measurement by by radio resource control (RRC) signaling (paragraph [0074], using RRC resource used to perform CLI measurement as a group of symbols).
Regarding claim 22, Liu discloses a non-transitory computer-readable medium having program code recorded thereon (Fig.2, cross-link interference (CLI) measurement method according to present disclosure), the program code comprising:
code for receiving an assigned slot format from a network (paragraphs [0073], [0086], CLI measurement resource using higher layer signaling or DCI configured a slot format), the slot format including a plurality of symbols (paragraphs [0073], [0086], symbol may be classified into three types: uplink, downlink and flexible), a first subset of the symbols being designated for uplink, a second subset of the symbols being designated for downlink, and a third subset of the symbols being designated as flexible (paragraphs [0073], [0086], symbols classified into three types: uplink, downlink and flexible);
code for receiving information from the network configuring a first symbol of the third subset for crosslink interference (CLI) measurement (paragraphs [0086]-[0089], [0097]-[0098], resource configuration to perform CLI measurement); and
code for performing an uplink transmission on the first symbol of the third subset (paragraphs [0086]-[0089], [0097]-[0098], symbol preferably used for uplink transmission).
Regarding claim 23, the claim is rejected based on the same reasoning as presented in the rejection of claim 2.
Regarding claim 24, the claim is rejected based on the same reasoning as presented in the rejection of claim 3.
Regarding claim 25, the claim is rejected based on the same reasoning as presented in the rejection of claim 4.
Regarding claim 27, the claim is rejected based on the same reasoning as presented in the rejection of claim 6.
Regarding claim 28, the claim is rejected based on the same reasoning as presented in the rejection of claim 7.
Regarding claim 29, the claim is rejected based on the same reasoning as presented in the rejection of claim 8.
Regarding claim 30, the claim is rejected based on the same reasoning as presented in the rejection of claim 9.
Claim Rejections - 35 USC § 103
13. 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 of this title, 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.
14. Claims 5 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (US 2024/0114489 A1), hereinafter “Liu” in view of LI et al. (US 2017/0325117 A1), hereinafter “Li”.
Regarding claim 5, Liu discloses the method according to claim 4.
Liu does not explicitly disclose “sending a scheduling request to the network, including requesting to perform the uplink transmission; and receiving a grant from the network to perform the uplink transmission”.
However, Li from the same or similar field of endeavor discloses sending a scheduling request to the network, including requesting to perform the uplink transmission; and receiving a grant from the network to perform the uplink transmission (paragraph [0068], eNB receives the scheduling request transmitted by a UE, the eNB may send a grant for the uplink transmission(s)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “sending a scheduling request to the network, including requesting to perform the uplink transmission; and receiving a grant from the network to perform the uplink transmission” as taught by Li, in the system of Liu, so that it would provide allocating resources for the transmission of scheduling requests based on traffic profile(s) associated with the device transmitting the scheduling request (Li, paragraph [0002]).
Regarding claim 26, the claim is rejected based on the same reasoning as presented in the rejection of claim 5.
15. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (US 2024/0114489 A1), hereinafter “Liu” in view of REN et al. (US 2022/0095144 A1; as submitted by the applicant as WO 2020/143706 A1 with IDS dated January 18, 2024), hereinafter “Ren”.
Regarding claim 14, Liu discloses the UE according to claim 10.
Liu does not explicitly disclose “the processor is further configured to perform a subsequent uplink transmission according to a subsequent slot format, wherein the subsequent uplink transmission is performed after and adjacent a flexible symbol that is scheduled for CLI measurement”.
However, Ren from the same or similar field of endeavor discloses the processor is further configured to perform a subsequent uplink transmission according to a subsequent slot format, wherein the subsequent uplink transmission is performed after and adjacent a flexible symbol that is scheduled for CLI measurement (Fig.4, paragraph [0106], subsequent uplink transmission according to a subsequent slot format).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the processor is further configured to perform a subsequent uplink transmission according to a subsequent slot format, wherein the subsequent uplink transmission is performed after and adjacent a flexible symbol that is scheduled for CLI measurement” as taught by Ren, in the system of Liu, so that it would provide efficient backhaul communications and identification of resources for cross-link interference measurements and reporting (Ren, paragraph [0005]).
16. Claims 16, 17, 20 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (US 2024/0114489 A1), hereinafter “Liu” in view of KIM et al. (US 2020/0389805 A1), hereinafter “Kim”.
Regarding claim 16, Liu discloses a user equipment (UE) (Fig.2, cross-link interference measurement method according to radio resource control) comprising:
means for communicating wirelessly with a network; and means for controlling the communicating means (Figs. 5-8, transceiver configured to communicate with network and processor configured to interface with the transceiver), wherein controlling means further includes:
means for receiving an assigned slot format from the network (paragraphs [0073], [0086], measurement resource using higher layer signaling or DCI configured a slot format), the slot format including a plurality of symbols (paragraphs [0073], [0086], symbols classified), a first subset of the symbols being designated for uplink, a second subset of the symbols being designated for downlink, and a third subset of the symbols being designated as flexible (paragraphs [0073], [0086], ], symbols classified into three types as uplink, downlink and flexible).
While Liu implicitly refers to “means for performing a crosslink interference (CLI) measurement on a first symbol of the first subset”, Kim from the same or similar field of endeavor explicitly discloses controlling means further includes: means for performing a crosslink interference (CLI) measurement (Figs.22-23, paragraphs [0013], [0174], [0176], [0244], interference measurement resource to estimate a channel of cross-link interference) on a first symbol of the first subset (Figs.22-23, first symbol of the first subset between aggressor TRP and victim TRP).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “means for performing a crosslink interference (CLI) measurement on a first symbol of the first subset” as taught by Kim, in the system of Liu, so that it would provide communication performance of a flexible duplex wireless transmission scheme remarkably improved by relieving or solving cross-link interference in the flexible duplex wireless transmission scheme (Kim, paragraph [0020]).
Regarding claim 17, Liu in view of Kim disclose the user equipment according to claim 16.
Kim further discloses the UE is not configured, scheduled, or triggered to transmit a signal during the first symbol of the first subset (paragraph [0178], if a UL transmission resource of a UE is configured as the IMR, the IMR may be rate-matched during UL transmission. In terms of the UE, the IMR may correspond to a reserved resource).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “the UE is not configured, scheduled, or triggered to transmit a signal during the first symbol of the first subset” as taught by Kim, in the system of Liu, so that it would provide communication performance of a flexible duplex wireless transmission scheme remarkably improved by relieving or solving cross-link interference in the flexible duplex wireless transmission scheme (Kim, paragraph [0020]).
Regarding claim 20, Liu discloses the slot format is configured by radio resource control (RRC) signaling (paragraphs [0073], [0099], resource configured as uplink symbol by using RRC).
Regarding claim 21, Liu in view of Kim disclose the user equipment according to claim 16.
Kim further discloses performing the CLI measurement include means for transmitting a CLI measurement report to the network on a second symbol of the first subset subsequent to the first symbol of the first subset (paragraphs [0013], [0174], [0176], resource corresponding to a data region of UL may be configured as the IMR to estimate a channel of cross-link interference from a neighbor aggressor TRP or predict the amount of interference).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “performing the CLI measurement include means for transmitting a CLI measurement report to the network on a second symbol of the first subset subsequent to the first symbol of the first subset” as taught by Kim, in the system of Liu, so that it would provide communication performance of a flexible duplex wireless transmission scheme remarkably improved by relieving or solving cross-link interference in the flexible duplex wireless transmission scheme (Kim, paragraph [0020]).
17. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over LIU et al. (US 2024/0114489 A1), hereinafter “Liu” in view of KIM et al. (US 2020/0389805 A1), hereinafter “Kim” in view of ZHU et al. (US 2021/0067991 A1), hereinafter “Zhu”.
Regarding claim 18, Liu in view of Kim disclose the user equipment according to claim 16.
Neither Liu nor Kim explicitly discloses “reporting to the network a capability to perform the CLI measurement on the first symbol of the first subset”.
However, Zhu from the same or similar field of endeavor discloses reporting to the network a capability to perform the CLI measurement on the first symbol of the first subset (paragraph [0076], UE capability parameters indicating CLI measurement of particular types of CLI measurement resources).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to provide “reporting to the network a capability to perform the CLI measurement on the first symbol of the first subset” as taught by Zhu, in the combined system of Liu and Kim, so that it would provide UE capability for cross-link interference measurement applicable to multiple access technologies and the telecommunication standards (Zhu, paragraph [0005]).
Allowable Subject Matter
18. Claim 19 is/are objected to as being dependent upon a rejected base claim, but would be allowable contingent upon or subject to the following conditions:
(1) that after clarifying applicable issues related with claim objection under minor informalities,
(2) that the claims are rewritten in independent form including all of the limitations of the base claim and any intervening claims as presented by applicant and referenced herein,
(3) that the subject limitation(s) are not taken alone but in view of the entirety of the claim language including any preceding claim limitation, any proceeding claim limitations, and any intervening claim limitations, and
(4) that all independent claims were amended with similar features and the amendments were submitted in a formal response.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 19, contingent upon or subject to the conditions noted herein above, the prior art of record fails to disclose, alone, individually or in any reasonable combination, as required by the dependent claim(s): “performing the CLI measurement includes means for determining that a number of crosslink interference measurement opportunities has dropped below a threshold”.
Conclusion
19. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SITHU KO whose telephone number is 571-272-8647. The examiner can normally be reached on Mon-Friday 8:30am-5:00pmEST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edan Orgad can be reached on 571-272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SITHU KO/Primary Examiner, Art Unit 2414