DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA (or AIA ) first to invent provisions.
Response to Amendment
- The amendment filed on July 01, 2026 has been entered.
- Claims 1-20 are pending.
- Claims 1-8-9, 17-18 and 19-20 are rejected.
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.
Claim(s) 1, 9, 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (KR 20210077621 A; published on June 25, 2021).
Regarding claims 1 and 17, Choi discloses a first network node comprising: a transceiver configured to transmit and/or receive signals; at least one processor comprising processing circuitry; and memory storing instructions that, when executed by the at least one processor, (Page 4, the communication node 200 may include at least one processor 210 , a memory 220 , and a transceiver 230 connected to a network to perform communication; the processor 210 may be connected to at least one of the memory 220; The processor 210 may execute a program command stored in at least one of the memory 220 and the storage device 260; inherent the transceiver is used to transmit and receive signals) cause the first network node to: receive, through the transceiver, a control plane message for a first communication from a second network node, wherein the control plane message comprises resource information for indicating resources for a second communication (Page 8, In addition, the O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU. The resource allocation information included in the second control plane message may indicate specific resources in slot #n. That is, the second control plane message may indicate that specific resources are preempted for transmission of second type data in slot #n.) and preemption type information indicating a preemption type; (KR 20210077621- Page 10, The O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU (S902-2). The second control plane message may further include a preemption indicator indicating that the preemption operation is enabled. For example, the preemption indicator may indicate that the second type data scheduled by the second control plane message is transmitted in preempted resources according to the preemption scheme.) based on the control plane message, identify that the resources for the second communication are preempted for the first communication (Page 8, In addition, the O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU. The resource allocation information included in the second control plane message may indicate specific resources in slot #n. That is, the second control plane message may indicate that specific resources are preempted for transmission of second type data in slot #n.) and based on the preemption type, perform preemption processing with respect to the resources preempted for the first communication.(Page 11, The O-RU may determine that data scheduled by the second control plane message (eg, second type data) is transmitted according to the preemption method based on the preemption indicator included in the second control plane message. For example, the O-RU transmits data (eg, second type data) of which some resources are different among resources scheduled by the first control plane message based on the preemption indicator included in the second control plane message; interpreted that the preempt data type is included in the control message)
Regarding claim 9, Chou discloses a method performed by a second network node in a communication system, the method comprising: transmitting a control plane message for a first communication to a first network node, wherein the control plane message comprises resource information for indicating resources for the second communication, (KR 20210077621 A-Page 9, he O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU (S902-2). The second control plane message may further include a preemption indicator indicating that the preemption operation is enabled. For example, the preemption indicator may indicate that the second type data scheduled by the second control plane message is transmitted in preempted resources according to the preemption scheme.) and wherein the control message indicates that the resources for the second communication are preempted. (Page 9, he O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU (S902-2). The second control plane message may further include a preemption indicator indicating that the preemption operation is enabled. For example, the preemption indicator may indicate that the second type data scheduled by the second control plane message is transmitted in preempted resources according to the preemption scheme.) and preemption type information indicating a preemption type
wherein the control plane message includes preemption type information used to identify a preemption type of preemption processing to be performed with respect to the resources preempted for the first communication. (Page 11, The O-RU may determine that data scheduled by the second control plane message (eg, second type data) is transmitted according to the preemption method based on the preemption indicator included in the second control plane message. For example, the O-RU transmits data (eg, second type data) of which some resources are different among resources scheduled by the first control plane message based on the preemption indicator included in the second control plane message.)
Regarding claim 19, Chou discloses a second network node comprising: a transceiver configured to transmit and/or receive signals; at least one processor comprising processing circuitry; and memory storing instructions that, when executed by the at least one processor, (Page 4, the communication node 200 may include at least one processor 210 , a memory 220 , and a transceiver 230 connected to a network to perform communication; the processor 210 may be connected to at least one of the memory 220; The processor 210 may execute a program command stored in at least one of the memory 220 and the storage device 260; inherent the transceiver is used to transmit and receive signals) cause the second network node to: transmit, through the transceiver to, a control plane message for a first communication to a first network node, (KR 20210077621 A-Page 9, he O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU (S902-2). The second control plane message may further include a preemption indicator indicating that the preemption operation is enabled. For example, the preemption indicator may indicate that the second type data scheduled by the second control plane message is transmitted in preempted resources according to the preemption scheme.) wherein the control plane message comprises resource information for indicating resources for the second communication, (Page 8, In addition, the O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU. The resource allocation information included in the second control plane message may indicate specific resources in slot #n. That is, the second control plane message may indicate that specific resources are preempted for transmission of second type data in slot #n.) and wherein the control message indicates that the resources for the second communication are preempted. (Page 9, he O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU (S902-2). The second control plane message may further include a preemption indicator indicating that the preemption operation is enabled. For example, the preemption indicator may indicate that the second type data scheduled by the second control plane message is transmitted in preempted resources according to the preemption scheme.)
wherein the control plane message includes preemption type information used to identify a preemption type of preemption processing to be performed with respect to the resources preempted for the first communication. (Page 11, The O-RU may determine that data scheduled by the second control plane message (eg, second type data) is transmitted according to the preemption method based on the preemption indicator included in the second control plane message. For example, the O-RU transmits data (eg, second type data) of which some resources are different among resources scheduled by the first control plane message based on the preemption indicator included in the second control plane message.)
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.
Claim(s) 8, 16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (Pub. No. US 2020/0221337 A1)
Regarding claims 8, 16 18 and 20, Chou disclose the first network node is an open radio access network radio unit open radio access network radio unit (O-RU), (KR 20210077621 A-Page 9, he O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU (S902-2) wherein the second network node is an open radio access network distribution unit open radio access network distribution unit (O-DU), (KR 20210077621 A-Page 9, he O-DU may transmit a second control plane message including resource allocation information of the second type data to the O-RU (S902-2)
However, Chou fails to disclose the first communication is an ultra-reliable low-latency communication (URLLC), and wherein the second communication is enhanced mobile broadband (EMBB).
Zhou the first communication is an ultra-reliable low-latency communication (URLLC), and wherein the second communication is enhanced mobile broadband (EMBB). (US 20200221337-See ¶0140, o receive a first-service data transmission from a base station, schedule control data of the first-service data transmission carrying indication information, wherein the indication information explicitly or implicitly indicates that second-service data preempts a transmission resource of first-service data or second-service data preempts a transmission resource position of first-service data; See ¶0141, a second service imposes a higher requirement on timeliness relative to a first service, and therefore, the second-service data may preempt the first-service data. The first service may include, but not limited to, eMBB, and the second service may include, but not limited to, URLLC; interpreted that not limited means the first service can be URLLC and the second service can be eMBB)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify receiving configuration information to include the configuration information indicates the second service type is preempt over the first service type. The motivation to combine is a second service imposes a higher requirement on timeliness relative to a first service, and therefore, the second-service data may preempt the first-service data (See ¶0109).
Allowable Subject Matter
Claims 2-7 and 10-15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed toward claims 1, 9, 17 and 19 have been fully considered but they are not persuasive. Applicant argues Chen does not disclose or suggest that the preemption indicator indicates a type of preemption processing to performed on the preempted resources. Page 9 the second control plane message may further include a preemption indicator indicating a preemption operation is enabled. For, example the preemption indicator may indicate that the second type data scheduled by the second control plane message is transmitted in preempted resources according to the preemption scheme. Interpreted that indicator discloses the preemption operation is enabled and transmitting the preempted resources according to the preemption scheme (corresponding to preemption processing). Further, the indicator indicates that the type of data scheduled. The preemption data type can be URLLC or Embb data.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chari et al. (Pub. No. US 2008/0192692 A1)- See 0065-That is, events (that is, the occurrence of an event) can trigger, for example, public safety data packets to preempt other types of data packets for all available node interfaces. The trigger can be caused by an event, or by a network manager. The preemption can cause public safety data packets to preempt other types of data packets for all available node interfaces if the 4.9 GHz node interface is unavailable.
Desai et al. (Pub. No. US 2008/0279264 A1)-See 0157, the processing module is further operable to use the first preemptive mode to protect a first type of packetized data transceived by the first wireless interface circuit and to use the second preemptive mode to protect a second type of packetized data transceived by the first wireless interface circuit. For instance, the CTS2SELF preemption mode may be limited to protect Bluetooth traffic of short duration. The page and inquiry scans can be protected by the Power Save preemption mode.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/Tejis Daya/ Primary Examiner, Art Unit 2472
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