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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 14 March 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 1-20 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.
Note: Citations to Applicant’s specification are taken from the instant applications Pre-Grant Publication (US 2024/0214999).
Regarding Claim 1, the claim language recites “a first transceiver, receiving a first signal in a first time-frequency resource set, a transmit power value of the first signal being a first power value.” However, noting that the first transceiver is claimed as “receiving” the first signal, it is presumed that the “transmit power value” and, by extension, the “first power value” relates to the power of the signal as transmitted by a different unclaimed entity. Subsequently, the claim recites “at least one of a slot format corresponding to the first time unit or a relation of the first sub-band and a target sub-band is used to determine whether the first value is used to determine the first power value.” However, it is not clear how the entity receiving the first signal determines the “first power value” as it represents the “transmit power value” (i.e., the power of a signal at the time of transmission by a different unclaimed entity). Further, the manner by which the determination of “whether the first value is used to determine the first power value” is also unclear based on the claim language and a review of Applicant’s specification. At paragraphs 0110-0112, the “first value” described in various embodiments as indicated as a real number, measured in DB, and used to determine an offset of a power value. Paragraphs 0125-0126 describe the “first power value” in various embodiments as measured in dBm or mW. While paragraphs 0160-0177 describe various embodiments in which the first time would or would not be used to determine the first power value, the actual use of how the first value is then used to determine the first power value is not further described in Applicant’s specification. Further with regards to claim language “at least one of a slot format corresponding to the first time unit…is used to determine whether the first value is used to determine the first power value”, while paragraph 0175 recites the same language, the specification lacks any further description as to how a slot format (e.g., downlink, uplink, or flexible as described in paragraph 0137 of Applicant’s specification) would be used to determine whether the first value would be utilized to determine the first power value (i.e., the transmit power value of the received signal). Similarly, further regarding claim language “a relation of the first sub-band and a target sub-band is used to determine whether the first value is used to determine the first power value”, the claim language is not clear as to how a relation between two sub-bands would allow for a determination of whether the first value can be utilized to determine the first power value. Various embodiments of relations between the two sub-bands are described in Applicant’s specification at paragraphs 0159-0169, along with whether the first value would be used to determine the first power value. However, these passages also do not clarify how the first value would be utilized to determine the first power value (i.e., the transmit power value of the signal that has already been received and transmitted by a different unclaimed entity). Lastly, it is not clear whether the clauses “at least one of a slot format…” and “configuration information for the target sub-band is used to at least determine a slot format for the target sub-band” are intended to be part of the wherein clause or a separate limitation.
Therefore, the claim language is indefinite. Claim 19 is a method claim comprising the same limitations as Claim 1 and is rejected for similar reasons. Claim 10 is directed to a transmitter device that comprises the same wherein clause at issue in Claim 1 and is rejected for similar reasons. For broadest reasonable interpretation and search purposes, the claims will be examined as best understood in light of the current claim language and Applicant’s disclosure, as originally filed.
Claims 2-9, 11-18 and 20 are rejected by virtue of dependency on the independent claims. Further, the dependent claims are generally narrative and indefinite, comprising multiple phrases following a “characterized in that” transitional phrase without appropriate grammatical links or relation between respective phrases in the claims. Appropriate correction is required.
Further regarding Claims 5 and 14, the claim language recites “characterized in that the slot format corresponding to the first time unit is used to determine whether the first value is used to determine the first power value; when the slot format corresponding to the first time unit supports flexible or variable duplex, the first value is used to determine the first power value; when the slot format corresponding to the first time unit does not support flexible or variable duplex, the first value is not used to determine the first power value.” However, as described with regards to the independent claims, the claim language and Applicant’s specification are not clear as to how a determined slot format leads to the receiver determining the first power value (i.e., the transmit power value of the signal that has already been received and transmitted by a different unclaimed entity). For broadest reasonable interpretation and search purposes, the claims will be examined as best understood in light of the current claim language and Applicant’s disclosure, as originally filed.
Further regarding Claims 6 and 15, the claim language recites “characterized in that the relation of the first sub-band and the target sub-band is used to determine whether the first value is used to determine the first power value; a frequency-domain location of the target sub-band is used to determine a second sub-band; when there is an overlap between the first sub-band and the second sub-band, the first value is used to determine the first power value; when there is no overlap between the first sub-band and the second sub-band, the first value is not used to determine the first power value.” However, as described with regards to the independent claims, the claim language and Applicant’s specification are not clear as to how a receiver determining overlap, or lack thereof, leads to the receiver determining the first power value (i.e., the transmit power value of the signal that has already been received and transmitted by a different unclaimed entity). For broadest reasonable interpretation and search purposes, the claims will be examined as best understood in light of the current claim language and Applicant’s disclosure, as originally filed.
Further regarding Claims 7 and 16, claim language “the second information block” lacks antecedent basis. Further, the claim language recites (emphasis added) “a bandwidth of a frequency-domain resource occupied by the sub-band in frequency domain being smaller than that of a frequency-domain resource occupied by a bandwidth part.” It is not clear what the emphasized language refers to. For broadest reasonable interpretation and search purposes, these claims will be examined as best understood in light of the current claim language and Applicant’s disclosure, as originally filed.
Further regarding Claims 8 and 17, the relation between claim language “while a time-domain resource occupied by the fourth time-frequency resource set is the second time unit” and the remaining limitations is unclear. Specifically, it is unclear as to whether this limitation is claimed in the alternative the previous limitation, as a condition of the previous limitation, or based on some other limitation. As such, the claim is found to be indefinite.
Further regarding Claims 9 and 18, claim language “when the first signal is used to determine the channel quality information, the first node assumes that the transmit power value of the first signal is equal to the second power value” is unclear as to how the first node “assumes” the transmit power value to be equal. While this language is repeated throughout the specification, there is no further description as to what the “assumption” would comprises. As noted for the independent claims above, this claim is further unclear as to how the transmit power value of the first signal (which is the “first power value”) is determined by the receiver as the transmit power value of the signal is presumed to be the power of the signal at the time of transmission by a different unclaimed entity and not at the time of reception. For broadest reasonable interpretation and search purposes, the claims will be examined as best understood in light of the current claim language and Applicant’s disclosure, as originally filed.
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)(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.
Claims 1, 3-7, 10, 12-16 and 19 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Sun et al (United States Pre-Grant Publication 2021/0266126), hereinafter Sun.
Regarding Claim 1, Sun discloses a first node for wireless communications , comprising:
a first receiver (Figure 6 – UE 600 comprise0097s antenna array 620), receiving a first information block, the first information block indicating a first value (Figure 5 at step 506 and paragraph 0108 – the UE receives a CSI-RS configuration that indicates a period and multiple offsets); and
a first transceiver (Figure 6 – UE 600 comprises transceiver 610), receiving a first signal in a first time-frequency resource set, a transmit power value of the first signal being a first power value (Figure 5 at step 514 and paragraphs 0095-0097 and 0112 – the CSI-RS is sent is allocated CSI-RS resources (slots) via a non-zero power resource and a power offset);
wherein a time-domain resource occupied by the first time-frequency resource set is a first time unit (paragraph 0095 – the CSI-RS configuration is based on time and frequency domain resources), and a frequency-domain resource occupied by the first time-frequency resource set belongs to a first sub-band (paragraph 0095 – the CSI-RS configuration is based on time and frequency domain resources);
at least one of a slot format corresponding to the first time unit or a relation of the first sub-band and a target sub-band is used to determine whether the first value is used to determine the first power value (paragraph 0140 - the UE can receive an indication that at least one of the plurality of offsets was not used for transmission of the CSI-RS, as well as a slot format indicator (SFI) that indicates that a first symbol corresponding to a first one of the plurality of offsets is designated as a flexible symbol; Note: “a relation of the first sub-band and a target sub-band” is claimed in the alternative and therefore not required as part of the broadest reasonable interpretation);
configuration information for the target sub-band is used to at least determine a slot format for the target sub-band (paragraphs 0095 and 0140 – the CSI-RS configuration contains a frequency domain pattern and slot format indicator).
Claim 19 is a method claim directed to the same steps performed by the first node of Claim 1. Therefore, Claim 19 is rejected for the same reasons as presented above for Claim 1.
Regarding Claim 10, Sun discloses a second node for wireless communications (Figure 11 – base station 1100), comprising:
a first transmitter (Figure 11 – base station 1100 comprises antenna array 1120), transmitting a first information block, the first information block indicating a first value (Figure 5 at step 506 and paragraph 0108 – the base station transmits a CSI-RS configuration that indicates a period and multiple offsets); and
a second transceiver (Figure 11 – base station 1100 comprises transceiver 1110), transmitting a first signal in a first time-frequency resource set, a transmit power value of the first signal being a first power value (Figure 5 at step 514 and paragraphs 0095-0097 and 0112 – the CSI-RS is sent is allocated CSI-RS resources (slots) via a non-zero power resource and a power offset);
wherein a time-domain resource occupied by the first time-frequency resource set is a first time unit (paragraph 0095 – the CSI-RS configuration is based on time and frequency domain resources), and a frequency-domain resource occupied by the first time-frequency resource set belongs to a first sub-band (paragraph 0095 – the CSI-RS configuration is based on time and frequency domain resources); at least one of a slot format corresponding to the first time unit or a relation of the first sub-band and a target sub-band is used to determine whether the first value is used to determine the first power value (paragraph 0140 - the UE can receive an indication that at least one of the plurality of offsets was not used for transmission of the CSI-RS, as well as a slot format indicator (SFI) that indicates that a first symbol corresponding to a first one of the plurality of offsets is designated as a flexible symbol); configuration information for the target sub-band is used to at least determine a slot format for the target sub-band (paragraphs 0095 and 0140 – the CSI-RS configuration contains a frequency domain pattern and slot format indicator).
Regarding Claims 3 and 12, Sun discloses the first receiver receives / the first transmitter transmits a second information block (paragraph 0106 – the UE receives an indication from the base station that a CSI-RS is not transmitted via a slot format indicator); the second information block is used to indicate the configuration information for the target sub-band, the slot format for the target sub-band includes the target sub-band supporting transmissions in multiple links (Note: this is claimed in the alternative), or the slot format for the target sub-band includes symbols in the target sub-band supporting a flexible or variable duplex slot format (paragraph 0106 – the slot format indicator sets the OFDM symbols to “flexible”; also refer to paragraph 0140).
Regarding Claims 4 and 13, Sun discloses the first receiver receives / the first transmitter transmits a third information block (paragraph 0106 – the UE receives an indication from the base station that a CSI-RS is not transmitted via a slot format indicator); the third information block is used to indicate the slot format corresponding to the first time unit (paragraph 0106 – the slot format indicator sets the OFDM symbols to “flexible”; also refer to paragraph 0140).
Regarding Claims 5 and 14, as best understood in light of the issues identified in the rejection of these claims under 35 U.S.C. 112(b) above, Sun discloses the slot format corresponding to the first time unit is used to determine whether the first value is used to determine the first power value (paragraph 0095 – the base station sends a CSI-RS to the UE via a CSI-RS configuration, where a non-zero power CSI-RS resource indicates the resource mapping, offset, and power offset; paragraph 0140 – downlink control information can include a zero power CSI-RS indicator along with a slot format indicator that indicates the first symbol of a plurality of offsets is designated as a flexible symbol); when the slot format corresponding to the first time unit supports flexible or variable duplex, the first value is used to determine the first power value; when the slot format corresponding to the first time unit does not support flexible or variable duplex, the first value is not used to determine the first power value (refer to paragraphs 0095 and 0140 for disclosure of the slot format indicator (or CSI-RS configuration).
Regarding Claims 6 and 15, as noted in the rejection of Claims 1 and 10 above, “a relation of the first sub-band and a target sub-band” is claimed in the alternative and therefore not required as part of the broadest reasonable interpretation. As such, the language in Claims 6 and 15, which further limit a determination based on this relation, are also not required as part of the broadest reasonable interpretation. Therefore, Sun anticipates Claims 6 and 15.
Regarding Claims 7 and 16, Sun discloses the second information block is configured per sub-band, a bandwidth of a frequency-domain resource occupied by the sub-band in frequency domain being smaller than that of a frequency-domain resource occupied by a bandwidth part (paragraph 0061 – scheduling of UEs involves scheduling one or more resource elements within one or more sub-bands or bandwidth parts (i.e., a resource allocated for the UE transmission/reception is smaller than the larger set of resources available)).
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.
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.
Claims 2, 9, 11, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Jassal et al (United States Pre-Grant Publication 2020/0314708), hereinafter Jassal.
Regarding Claims 2, 11 and 20, Sun discloses the limitations of Claims 1, 10 and 19, as described above. Sun further discloses the first transceiver receives / the second transmitter transmits a second signal in a second time-frequency resource set (paragraph 0136 - the UE receives a channel state information reference signal (CSI-RS) from the base station via a wireless channel of a shared radio frequency spectrum band according to the period and at least one of the plurality of offsets. For example, the reference signal processing circuitry together with the communication and processing circuitry and the transceiver may monitor a designated resource (e.g., carrying DRS) and measure the received signaling to obtain a CSI-RS); a transmit power value of the second signal is a second power value (Figure 5 at step 514 and paragraphs 0095-0097 and 0112 – the CSI-RS is sent is allocated CSI-RS resources (slots) via a non-zero power resource and a power offset), a frequency-domain resource occupied by the second time-frequency resource set belongs to the first sub-band (paragraph 0095 – the CSI-RS configuration is based on time and frequency domain resources), and a time-domain resource occupied by the second time-frequency resource set is a second time unit (paragraph 0095 – the CSI-RS configuration is based on time and frequency domain resources), the second time unit and the first time unit being orthogonal in time domain (Figure 3 and paragraphs 0042 and 0056 for downlink OFDM transmission); the first signal and the second signal occupy a same type of physical layer channel (paragraphs 0132, 0148, 0183 – the UE monitors PDSCH for CSI-RS configuration).
However, Sun does not disclose the second power value being linear with both the first power value and the first value. In an analogous art, Jassal discloses this. Specifically, Jassal discloses a UE deriving measurement results for a beam management resource set, where the beam set measurement quantity based on CSI-RS is the linear power scale average of the highest beam measurement quantity values above a given threshold (paragraph 0217). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Sun and Jassal. One would have been motivated to do so in order to avoid interruptions as a UE moves from one cell to another (see paragraph 0007 of Jassal).
Regarding Claims 9 and 18, Sun further discloses that the first transceiver transmits / the second transceiver receives a target information block (Figure 5 at 516 and paragraph 0112 – the UE sends a measurement report to base station); the target information block comprises channel quality information, and both the first signal and the second signal are used to determine the channel quality information (paragraph 0095 – the measurement report is based on RSRP measurement by the UE); when the first signal is used to determine the channel quality information, the first node assumes that the transmit power value of the first signal is equal to the second power value (Figure 7 and paragraphs 0136-0139 – the UE receives the CSI-RS from the base station according to at least one of the plurality of offsets and generates a measurement report for transmission to the base station).
Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Jassal, as applied to claims 2 and 11 above, and further in view of Pezeshki et al (United States Pre-Grant Publication 2021/0258970), hereinafter Pezeshki. The combination of Sun and Jassal discloses the limitations of Claims 2 and 11, as described above. Sun further discloses the first receiver receives / the first transmitter transmits a synchronization signal (paragraph 0068 – SSBs are broadcast at regular intervals based on a periodicity), the first transceiver receives / the second transceiver transmits a third signal in a third time-frequency resource set (paragraph 0136 - the UE receives a channel state information reference signal (CSI-RS) from the base station via a wireless channel of a shared radio frequency spectrum band according to the period and at least one of the plurality of offsets. For example, the reference signal processing circuitry together with the communication and processing circuitry and the transceiver may monitor a designated resource (e.g., carrying DRS) and measure the received signaling to obtain a CSI-RS), and the first transceiver receives / the second transceiver transmits a fourth signal in a fourth time-frequency resource set (paragraph 0136 - the UE receives a channel state information reference signal (CSI-RS) from the base station via a wireless channel of a shared radio frequency spectrum band according to the period and at least one of the plurality of offsets. For example, the reference signal processing circuitry together with the communication and processing circuitry and the transceiver may monitor a designated resource (e.g., carrying DRS) and measure the received signaling to obtain a CSI-RS); a frequency-domain resource occupied by the third time-frequency resource set and a frequency-domain resource occupied by the fourth time-frequency resource set both belong the first sub-band (paragraph 0095 – the CSI-RS configuration is based on time and frequency domain resources); a time-domain resource occupied by the third time-frequency resource set is the first time unit (paragraph 0095 – the CSI-RS configuration is based on time and frequency domain resources), while a time-domain resource occupied by the fourth time-frequency resource set is the second time unit (paragraph 0095 – the CSI-RS configuration is based on time and frequency domain resources); each of the first signal and the second signal comprises a channel state information reference signal (CSI-RS) (paragraph 0136 - the UE receives a channel state information reference signal (CSI-RS) from the base station via a wireless channel of a shared radio frequency spectrum band according to the period and at least one of the plurality of offsets. For example, the reference signal processing circuitry together with the communication and processing circuitry and the transceiver may monitor a designated resource (e.g., carrying DRS) and measure the received signaling to obtain a CSI-RS), and each of a physical layer channel occupied by the third signal and a physical layer channel occupied by the fourth signal comprises a physical downlink shared channel (PDSCH) (paragraphs 0132, 0148, 0183 – the UE monitors PDSCH for CSI-RS configuration); a radio resource control (RRC) signaling is used to determine the first offset value and the second offset value (paragraph 0134 – the UE monitors a specified resource for an RRC message containing the CSI-RS configuration).
However, the aforementioned references do not disclose an Energy Per Resource Element (EPRE) of the synchronization signal, a first offset value and the first value are used to determine an EPRE of the first signal; the EPRE of the synchronization signal and the first offset value are used to determine an EPRE of the second signal, and the first value is not used to determine the EPRE of the second signal; the EPRE of the first signal and a second offset value are used to determine an EPRE of the third signal, and the EPRE of the second signal and the second offset value are used to determine an EPRE of the fourth signal. However, Pezeshki discloses this. Specifically, Pezeshki discloses at Figures 4-6, that EPRE ratio parameters include power control offsets and determining an EPRE ratio for NZP CSI-RS resource, where the UE measures a channel based on a ratio and the multiple CSI-RS transmitted by the base station (paragraphs 0038, 0088, 0093). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine Sun / Jassal and Pezeshki. One would have been motivated to do so in order to allow the UE to use a specific ratio when deriving CSI feedback (see paragraph 0038 of Pezeshki).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: 3GPP TS 38.214 V15.13.0: 3rd Generation Partnership Project; Technical Specification Group Radio Access Network; NR; Physical layer procedures for data (Release 15) discloses a UE performing measurements using an assumption of constant EPRE across the bandwidth (clause 4.1) and NZP CSI-RS resource set configurations (clause 5.2.2.3.1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW W. CHRISS whose telephone number is (571)272-1774. The examiner can normally be reached Monday-Friday, 8am-4pm ET.
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/ANDREW W CHRISS/Primary Examiner, Art Unit 2472
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