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 Interpretation
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: transmitting, acquiring, determining,, receiving, controlling unit in claims 1,2,9,-10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2,9-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification does not provide structure would be sufficient to achieve the function of the claimed transmitting acquiring, determining, receiving, controlling unit in claims 1,2,9,-.
Claims 1,3-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claims 1,3-8 recite a means that does not appear in combination with another recited element of means. The single means recites in the claim make it nonenabling because the specification disclosed at most only those means known to the inventor. See MPEP 2164.08 (a)..
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 1-10 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 1,2,9,10 the phrases “transmitting, acquiring, determining,, receiving, controlling unit" comprising a non-structural term “unit” and non-structural modifier “transmitting, acquiring, determining,, receiving, controlling”, 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 transmitting acquiring, determining, receiving, controlling unit. 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, and 9-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al (US Application 2020/0366363, hereinafter Li363).
Regarding claims 1,11,14, Li363 discloses a method, a non-transitory computer-readable storage medium and a base station apparatus (Figs. 2, 7-8,item #110 ) that communicates with a user apparatus (120) by a signal being relayed by a repeater apparatus(140), the base station apparatus comprising
transmitting unit(220,232,238244) configured to transmit, to the repeater apparatus(140), downlink control information (configuration information transmitting by the base station to the repeater as described on [0092],[0098]) including an instruction indicating a beam pattern the repeater apparatus should form([0092]-[0098], which recites a base station 110 may transmit a configuration that indicates a resource set to be used by a millimeter wave repeater 140 for beam management(beam pattern). The base station 110 may identify a first beam pair and a second beam pair (beam pattern form) based at least in part on transmitting the configuration. As shown by reference number 725, the first beam pair may be between the millimeter wave repeater 140 and the first node (e.g., the base station 110 in example 700) ).
Regarding claims 9, 12, 15,Li363 discloses a method, a non-transitory computer-readable storage medium and a repeater apparatus (Figs. 2, 3,7-8,item #140 ) that relays communication between a base station apparatus (110) and a user apparatus (120) , the repeater apparatus comprising:
receiving unit (310) configured to receive downlink control information(configuration information received by the repeater as described on [0092]) including an instruction indicating a beam pattern to be formed by the repeater apparatus([0092]-[0097], which the repeater received a configuration that indicates a resource set to be used for beam management(beam pattern). The base station 110 may identify a first beam pair and a second beam pair (beam patter form) based at least in part on transmitting the configuration. As shown by reference number 725, the first beam pair may be between the millimeter wave repeater 140 and the first node (e.g., the base station 110 in example 700) ). ; and
controlling unit (330) configured to control a beam pattern, based on the downlink
control information received by the receiving unit([0062],[0093], which recites the controller 330 may control an antenna array 310 by controlling a beamforming configuration for the antenna array 310 (e.g., one or more phase values for the antenna array 310, one or more phase offsets for the antenna array 310, one or more power parameters for the antenna array 310, one or more beamforming parameters for the antenna array 310, a TX beamforming configuration, an RX beamforming configuration, and/or the like). The repeater 140 may transmit the received reference signal via multiple beams. In some aspects, the first set of resources and the second set of resources are over a same time interval. In this case, the repeater 140 may relay a signal (e.g., using multiple beams) in the same time interval in which the signal is received ).
Regarding claims 10, 13, 16, Li363 discloses a method, a non-transitory computer-readable storage medium and a wireless communication system (Figs. 2, 3,7-8, ) including:
a repeater apparatus (140) that relays communication between a base station apparatus (110) and a user apparatus(120); and the base station apparatus,
wherein the base station apparatus comprises transmitting unit (130,290,294) configured to transmit, to the repeater apparatus, downlink control information (configuration information transmitting by the base station to the repeater as described on [0092]) including an instruction indicating a beam pattern the repeater apparatus should form([0092]-[0097], which recites a base station 110 may transmit a configuration that indicates a resource set to be used by a millimeter wave repeater 140 for beam management(beam pattern). The base station 110 may identify a first beam pair and a second beam pair (beam patter form) based at least in part on transmitting the configuration. As shown by reference number 725, the first beam pair may be between the millimeter wave repeater 140 and the first node (e.g., the base station 110 in example 700) ), and
the repeater apparatus (140) comprises controlling unit (330) configured to control a beam pattern based on the received downlink control information([0062],[0093], which recites the controller 330 may control an antenna array 310 by controlling a beamforming configuration for the antenna array 310 (e.g., one or more phase values for the antenna array 310, one or more phase offsets for the antenna array 310, one or more power parameters for the antenna array 310, one or more beamforming parameters for the antenna array 310, a TX beamforming configuration, an RX beamforming configuration, and/or the like). The repeater 140 may transmit the received reference signal via multiple beams. In some aspects, the first set of resources and the second set of resources are over a same time interval. In this case, the repeater 140 may relay a signal (e.g., using multiple beams) in the same time interval in which the signal is received ).
Regarding claim 2, Li363 discloses the base station apparatus according to claim 1, further comprising:
acquiring unit configured to acquire, from the user apparatus, measurement results of a plurality of measurement target signals relayed by the repeater apparatus using different beam patterns([0092]-[0097]); and
determining unit configured to determine a beam pattern the repeater apparatus should form, based on the measurement results acquired by the acquiring unit([0092]-[0097]).
Regarding claim 3, Li363 discloses the base station apparatus according to claim 1,wherein the downlink control information further includes timing information that designates a timing in which a beam pattern is to be used([0080]).
Regarding claim 4, Li363 discloses the base station apparatus according to claim 1, wherein the downlink control information further includes a plurality of pieces of timing information that designate a plurality of timings in which a beam pattern is to be used([0080]).
Regarding claim 5, Li363 discloses the base station apparatus according to to claim 1, wherein the downlink control information includes beam pattern instructions for a plurality of different repeater apparatuses([0086],[0112]).
Regarding claim 6, Li363 discloses the base station apparatus according to claim 1, wherein the downlink control information is transmitted in the same search space as downlink control information transmitted to a user apparatus ([0081], [0095], [0098], [011]).
Regarding claim 7, Li363 discloses the base station apparatus according to claim 1,wherein the downlink control information is transmitted in a search space that is different from a search space for downlink control information transmitted to a user apparatus([0081], [0095], [0098], [011]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li363 in view of Li et al. (US Application 2021/0037522, hereinafter Li522).
Regarding claim 8, Li363 discloses the base station apparatus according to claim 6, except wherein the downlink control information is transmitted in a state in which the downlink control information is encoded using a network identifier of the repeater apparatus.
However, Li522 teaches the downlink control information is transmitted in a state in which the downlink control information is encoded using a network identifier of the repeater apparatus([0036], [0045]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Li522with the teaching of Li363 by using the above features such as the downlink control information is transmitted in a state in which the downlink control information is encoded using a network identifier of the repeater apparatus as taught by Li522 for the purpose of connecting user equipment (UEs) with multiple base stations through a wireless repeater([0002]).
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