DETAILED ACTION
The following is final office action in response to applicant’s remarks/amendment filed on 07/08/2026 for response of the office action mailed on 04/16/2026. No claims are added or cancelled. Therefore, claims 1-20 are pending and addressed below.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
In 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-6 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tang et al. (2023/0276249, as submitted in IDS & reported as X type <D2> in PCT search analysis), Tang hereinafter.
Re. claims 1, 16 and 19, Tang teaches a non-transitory computer-readable medium (Fig.3, 208/Fig. 5, 208/Fig. 6, 310) comprising computer-executable instructions (Fig. 3 & ¶0058) that, when executed by one or more processors (Fig.3/Fig.5, 210/Fig. 6, 308) of a user equipment (UE) (Fig.3/Fig.5, 110/Fig.6, 302), cause the UE to perform a method of wireless communications (Fig.3/Fig.5-6), a method (Fig. 3/Fig.5-6/Fig.7-10 & ¶0020/¶0086-¶0088/ ¶0091) for wireless communications (Fig.3/Fig.5-6) at a user equipment (UE) (Fig.3/Fig.5, 110/Fig.6, 302), and an apparatus (Fig.3/Fig.5, 110/Fig.6, 302) for wireless communications (Fig.3/Fig.5-6) at a user equipment (UE) (Fig.3/Fig.5, 110/Fig.6, 302), comprising: at least one memory (Fig.3, 208/Fig. 5, 208/Fig. 6, 310) comprising instructions; and one or more processors (Fig.3/Fig.5, 210/Fig. 6, 308), individually or collectively, configured to execute the instructions (Fig. 3 & ¶0058) and cause the apparatus (Fig.3/Fig.5, 110/Fig.6, 302) to: receive one or more configurations of one or more bandwidth parts (BWPs) of a virtual cell (Fig. 3/Fig.5-6/Fig.7-10 & ¶0020 - there may be more flexible spectrum utilization options for initial access, e.g. multiple candidate uplink carriers and/or BWPs may be signaled by a base station (i.e., 170 in Fig.5 / 312 in Fig. 6) and one of the uplink carriers and/or BWPs selected by the UE for use in the initial access based on the UE's requirements or scenario. Fig. 3/Fig.5-6/Fig.7-10 & ¶0086 - a cell might only include one downlink carrier/BWP, or only include one uplink carrier/BWP, or include multiple downlink carriers/BWPs, or include multiple uplink carriers/BWPs, or include one downlink carrier/BWP and one uplink carrier/BWP, or include one downlink carrier/BWP and multiple uplink carriers/BWPs, or include multiple downlink carriers/BWPs and one uplink carrier/BWP, or include multiple downlink carriers/BWPs and multiple uplink carriers/BWP. ¶0087 - A BWP may be broadly defined as a set of contiguous or non-contiguous frequency subcarriers on a carrier, or a set of contiguous or non-contiguous frequency subcarriers on multiple carriers, or a set of non-contiguous or contiguous frequency subcarriers, which may have one or more carriers. Fig. 3/Fig.5-6/Fig.7-10 & ¶0088 - Carrier 352 has a bandwidth of 20 MHz and consists of one BWP. Carrier 354 has a bandwidth of 80 MHz and consists of two adjacent contiguous BWPs, each BWP being 40 MHz, and respectively identified as BWP 1 and BWP 2. Carrier 356 has a bandwidth of 80 MHz and consists of one BWP. Carrier 358 has a bandwidth of 80 MHz and consists of four adjacent contiguous BWPs, each BWP being 20 MHz, and respectively identified as BWP 1, BWP 2, BWP 3, and BWP 4. ¶0095 - the carrier, the BWP, and/or the occupied bandwidth may be signaled by a network device (e.g. base station) dynamically, e.g. in physical layer control signaling such as DCI, or semi-statically, e.g. in radio resource control (RRC) signaling or in the medium access control (MAC) layer… ¶0096 - in which an apparatus 302 < in Fig. 6, which is UE 110 as shown in Fig.5> communicates with a device 312 <in Fig. 6, which is base station 170 as shown in Fig.5> over one or more carriers/BWPs, where the apparatus 302 may have the carriers/BWPs flexibly configured…¶0097 - control information is information configuring the different carriers/BWPs, e.g. information indicating that a particular carrier is added/removed, and/or information indicating that a particular carrier is for downlink, uplink, for measurement, for use by a particular UE, etc. .. control information may be dynamically indicated to the UE, e.g. in the physical layer in a control channel. An example of control information that is dynamically indicated is information sent in physical layer control signaling, e.g. downlink control information (DCI). Control information may sometimes instead be semi-statically indicated, e.g. in RRC signaling or in a MAC control element (CE). Fig. 3/Fig.5-6/Fig.7-10 & ¶0103 - carriers/BWPs may be added/removed/modified/activated/deactivated/scheduled for a UE via control signaling from the base station <i.e., 170 in Fig.5 / 312 in Fig. 6>, e.g. dynamically in physical layer control signaling (such as in DCI) or semi-statically in higher-layer signaling (such as RRC signaling) or in a MAC CE. Fig. 3/Fig.5-6/Fig.7-10 & ¶0151 - Each carrier/BWP may be independently configured for a respective function, and the configuration may change over time. The configuration may be UE-specific or for a group of UEs. Fig. 3/Fig.5-6/Fig.7-10 & ¶0162 - a carrier/BWP may be configured for data transmission, data receiving, or both data transmitting and receiving. The configuration may be on a UE-specific basis, or for a group of UEs. For example, RRC signaling, a MAC CE, or DCI may indicate that a particular carrier/BWP is for: downlink transmission only, or uplink transmission only, or for both downlink and uplink transmission, or for SRS transmission, or for CSI-RS reception, or for sidelink transmission, or for sidelink reception, or for both sidelink transmission and reception, or for unlicensed spectrum transmission and/or reception, etc. Depending upon the configuration, the base station 170 may also indicate whether the carrier is for FDD communication, TDD communication, or FD communication, possibly along with an indication of any parameters associated with the communication if not predefined (e.g. uplink and downlink frequency bands in FDD, switching gap between uplink and downlink in TDD, etc.). Fig. 3/Fig.5-6/Fig.7-10 & ¶0164 - a carrier has one or more BWPs (e.g. like in FIG. 7), there may be dynamic carrier and BWP indication. For example, DCI indicates the carrier index and BWP index for data transmission… Fig. 3/Fig.5-6/Fig.7-10 & ¶0182 - apparatus 302 < in Fig. 6, which is UE 110 as shown in Fig.5> is configured to communicate with the device 312 <in Fig. 6, which is base station 170 as shown in Fig.5> on a plurality of carriers, possibly including the uplink carrier and/or the downlink carrier. … each one of the plurality of carriers may include at least one BWP. …. the plurality of carriers includes a first carrier and a second carrier, and the method of FIG. 19 includes: receiving at least one message (e.g. in physical layer control signaling) indicating that a first BWP on the first carrier is to be deactivated and that a second BWP on the second carrier is to be activated; and deactivating the first BWP and activating the second BWP. Please note that examiner considers Cell <see ¶0086-¶0087> as disclosed supra refers to a virtual cell, primarily, because of the definition of “virtual cell” outlined in the instant application at least in ¶0004, for example, it recites, “The method includes receiving one or more configurations of one or more bandwidth parts (BWPs) of a virtual cell, wherein the virtual cell is configured with a plurality of frequency bands and each BWP indicates contiguous frequency resources in the plurality of frequency bands”), wherein the virtual cell is configured with a plurality of frequency bands and each BWP indicates contiguous frequency resources in the plurality of frequency bands (Fig. 3/Fig.5-6/Fig.7-10 & ¶0086 - a cell might only include one downlink carrier/BWP, or only include one uplink carrier/BWP, or include multiple downlink carriers/BWPs, or include multiple uplink carriers/BWPs, or include one downlink carrier/BWP and one uplink carrier/BWP, or include one downlink carrier/BWP and multiple uplink carriers/BWPs, or include multiple downlink carriers/BWPs and one uplink carrier/BWP, or include multiple downlink carriers/BWPs and multiple uplink carriers/BWP. ¶0087 - A BWP may be broadly defined as a set of contiguous or non-contiguous frequency subcarriers on a carrier, or a set of contiguous or non-contiguous frequency subcarriers on multiple carriers, or a set of non-contiguous or contiguous frequency subcarriers, which may have one or more carriers. Fig. 3/Fig.5-6/Fig.7-10 & ¶0088 - Carrier 354 (See Fig. 7, also see the snapshot next) has a bandwidth of 80 MHz and consists of two adjacent contiguous BWPs, each BWP being 40 MHz, and respectively identified as BWP 1 and BWP 2. Carrier 358 (See Fig. 7, also see the snapshot next) has a bandwidth of 80 MHz and consists of four adjacent contiguous BWPs, each BWP being 20 MHz, and respectively identified as BWP 1, BWP 2, BWP 3, and BWP 4. Tang also discloses in Fig. 9, where it illustrates a BWP 372 on a frequency spectrum of a wireless medium. BWP 372 has a bandwidth of 40 MHz and consists of two adjacent carriers, labelled carrier 1 and carrier 2, with each carrier having a bandwidth of 20 MHz. Carriers 1 and 2 are contiguous, See, ¶0090 along with Fig. 9 (reproduced next). Fig. 3/Fig.5-6/Fig.7-10 & ¶0091 - a BWP may comprise non-contiguous spectrum resources which consists of non-contiguous multiple carriers. For example, FIG. 10 illustrates a single BWP 382 having four non-contiguous spectrum resources 392, 394, 396, and 398. Each non-contiguous spectrum resource consists of a single carrier. The first spectrum resource 392 is in a low band (e.g. the 2 GHz band) and consists of a first carrier (carrier 1). The second spectrum resource 394 is in a mmW band and consists of a second carrier (carrier 2). The third spectrum resource 396 (if it exists) is in the THz band and consists of a third carrier (carrier 3). The fourth spectrum resource 398 (if it exists) is in visible light band and consists of a fourth carrier (carrier 4). Resources in one carrier which belong to the BWP may be contiguous or non-contiguous. For example, the frequency resources of carrier 1 might be contiguous or non-contiguous. Please note that examiner considers Cell <see ¶0086-¶0087> as disclosed supra refers to a virtual cell, primarily, because of the definition of “virtual cell” outlined in the instant application at least in ¶0004, for example, it recites, “The method includes receiving one or more configurations of one or more bandwidth parts (BWPs) of a virtual cell, wherein the virtual cell is configured with a plurality of frequency bands and each BWP indicates contiguous frequency resources in the plurality of frequency bands”); and process one or more transmissions, in accordance with the received configurations (Fig. 3-6 & ¶0074 - The processor 210 may directly perform (or control the UE 110 to perform) many of the operations described herein as being performed by UE 110, e.g. receiving the indications configuring carriers and/or BWPs and implementing the configurations according to the indications. Fig. 6 & ¶0081 - The apparatus 302 further includes a processor 308 for directly performing (or controlling the apparatus 302 to directly perform) the operations described herein, e.g. receiving the indications configuring carriers and/or BWPs and performing the configurations according to the indications.).
Yet, the claimed feature “virtual cell” is not expressly mentioned in Tang’s reference, however, Tang implicitly discloses the claimed feature “Virtual Cell” in ¶0086-¶0087 as per the definition of “virtual cell” outlined in the instant application at least in ¶0004, for example, it recites, “The method includes receiving one or more configurations of one or more bandwidth parts (BWPs) of a virtual cell, wherein the virtual cell is configured with a plurality of frequency bands and each BWP indicates contiguous frequency resources in the plurality of frequency bands”.
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to modify Tang’s invention of method and device for flexible spectrum with multiple carriers and/or bandwidth parts (BWPs) operating in LTE/NR <New Radio> wireless communication system, because it provides an efficient mechanism by eliminating restrictions associated with use of multiple carriers in LTE and NR with implementing a flexible personalized spectrum for different UEs <User Equipment> operating in the LTE/NR <New Radio> wireless communication system.(¶0002-¶0014, Tang)
Re. Claims 2, 17 and 20, Tang teaches claims 1, 16 and 19.
Tang further teaches wherein the contiguous frequency resources are in non-contiguous frequency bands of the plurality of frequency bands. (Fig. 3/Fig.5-6/Fig.7-10 & ¶0091 - a BWP may comprise non-contiguous spectrum resources which consists of non-contiguous multiple carriers. For example, FIG. 10 illustrates a single BWP 382 having four non-contiguous spectrum resources 392, 394, 396, and 398. Each non-contiguous spectrum resource consists of a single carrier. The first spectrum resource 392 is in a low band (e.g. the 2 GHz band) and consists of a first carrier (carrier 1). The second spectrum resource 394 is in a mmW band and consists of a second carrier (carrier 2). The third spectrum resource 396 (if it exists) is in the THz band and consists of a third carrier (carrier 3). The fourth spectrum resource 398 (if it exists) is in visible light band and consists of a fourth carrier (carrier 4). Resources in one carrier which belong to the BWP may be contiguous or non-contiguous. For example, the frequency resources of carrier 1 might be contiguous or non-contiguous.).
Re. Claims 3 and 18, Tang teaches claims 1 and 16.
Tang further teaches wherein the one or more BWPs comprise at least one of: a downlink BWP for reception of one or more downlink transmissions, or an uplink BWP for transmission of one or more uplink transmissions .(Fig. 3/Fig.5-6/Fig.7-10 & ¶0086 - a cell might only include one downlink carrier/BWP, or only include one uplink carrier/BWP, or include multiple downlink carriers/BWPs, or include multiple uplink carriers/BWPs, or include one downlink carrier/BWP and one uplink carrier/BWP, or include one downlink carrier/BWP and multiple uplink carriers/BWPs, or include multiple downlink carriers/BWPs and one uplink carrier/BWP, or include multiple downlink carriers/BWPs and multiple uplink carriers/BWP. )
Re. Claim 4, Tang teaches claim 1.
Tang further teaches wherein the one or more processors, individually or collectively, are configured to execute the instructions and cause the apparatus to transmit capability information indicating one or more sets of frequency bands for the virtual cell, wherein each set of frequency bands comprises multiple frequency bands. (Fig. 3/Fig.5-6/Fig.7-10 & ¶0091 - a BWP may comprise non-contiguous spectrum resources which consists of non-contiguous multiple carriers. For example, FIG. 10 illustrates a single BWP 382 having four non-contiguous spectrum resources 392, 394, 396, and 398. Each non-contiguous spectrum resource consists of a single carrier. The first spectrum resource 392 is in a low band (e.g. the 2 GHz band) and consists of a first carrier (carrier 1). The second spectrum resource 394 is in a mmW band and consists of a second carrier (carrier 2). The third spectrum resource 396 (if it exists) is in the THz band and consists of a third carrier (carrier 3). The fourth spectrum resource 398 (if it exists) is in visible light band and consists of a fourth carrier (carrier 4). Fig. 1-19 & ¶0166 - A UE may indicate to the base station 170, e.g. in a capability report, the number of carriers the UE can use for wireless communication. The number of carriers indicated in the capability report is typically commensurate with the RF capability of the UE, e.g. commensurate with the number of available RF chains on the UE. Fig. 1-19 & ¶0190 - the method may include transmitting a capability report indicating the number of carriers and/or BWPs on which the apparatus 302 < in Fig. 6, which is UE 110 as shown in Fig.5> is able to communicate.)
Re. Claim 5, Tang teaches claim 4.
Tang further teaches wherein the plurality of frequency bands of the virtual cell comprise one of the one or more sets of frequency bands. (Fig. 3/Fig.5-6/Fig.7-10 & ¶0091 - a BWP may comprise non-contiguous spectrum resources which consists of non-contiguous multiple carriers. For example, FIG. 10 illustrates a single BWP 382 having four non-contiguous spectrum resources 392, 394, 396, and 398. Each non-contiguous spectrum resource consists of a single carrier. The first spectrum resource 392 is in a low band (e.g. the 2 GHz band) and consists of a first carrier (carrier 1). The second spectrum resource 394 is in a mmW band and consists of a second carrier (carrier 2). The third spectrum resource 396 (if it exists) is in the THz band and consists of a third carrier (carrier 3). The fourth spectrum resource 398 (if it exists) is in visible light band and consists of a fourth carrier (carrier 4). Fig. 1-19 & ¶0166 - A UE may indicate to the base station 170, e.g. in a capability report, the number of carriers the UE can use for wireless communication. The number of carriers indicated in the capability report is typically commensurate with the RF capability of the UE, e.g. commensurate with the number of available RF chains on the UE. Fig. 1-19 & ¶0190 - the method may include transmitting a capability report indicating the number of carriers and/or BWPs on which the apparatus 302 < in Fig. 6, which is UE 110 as shown in Fig.5> is able to communicate.)
Re. Claim 6, Tang teaches claim 1.
Tang further teaches wherein: the one or more BWPs comprise a downlink BWP for reception of one or more downlink transmissions and an uplink BWP for transmission of one or more uplink transmissions (Fig. 3/Fig.5-6/Fig.7-10 & ¶0086 - a cell might only include one downlink carrier/BWP, or only include one uplink carrier/BWP, or include multiple downlink carriers/BWPs, or include multiple uplink carriers/BWPs, or include one downlink carrier/BWP and one uplink carrier/BWP, or include one downlink carrier/BWP and multiple uplink carriers/BWPs, or include multiple downlink carriers/BWPs and one uplink carrier/BWP, or include multiple downlink carriers/BWPs and multiple uplink carriers/BWP.); the downlink BWP indicates a first set of contiguous frequency resources in a first set of frequency bands of the plurality of frequency bands; the uplink BWP indicates a second set of contiguous frequency resources in a second set of frequency bands of the plurality of frequency bands; and at least one frequency band of the first set of frequency bands is different from at least one frequency band of the second set of frequency bands (¶0087 - A BWP may be broadly defined as a set of contiguous or non-contiguous frequency subcarriers on a carrier, or a set of contiguous or non-contiguous frequency subcarriers on multiple carriers, or a set of non-contiguous or contiguous frequency subcarriers, which may have one or more carriers. Fig. 3/Fig.5-6/Fig.7-10 & ¶0088 - Carrier 352 has a bandwidth of 20 MHz and consists of one BWP. Carrier 354 has a bandwidth of 80 MHz and consists of two adjacent contiguous BWPs, each BWP being 40 MHz, and respectively identified as BWP 1 and BWP 2. Carrier 356 has a bandwidth of 80 MHz and consists of one BWP. Carrier 358 has a bandwidth of 80 MHz and consists of four adjacent contiguous BWPs, each BWP being 20 MHz, and respectively identified as BWP 1, BWP 2, BWP 3, and BWP 4. Fig. 3/Fig.5-6/Fig.7-10 & ¶0091 - a BWP may comprise non-contiguous spectrum resources which consists of non-contiguous multiple carriers. For example, FIG. 10 illustrates a single BWP 382 having four non-contiguous spectrum resources 392, 394, 396, and 398. Each non-contiguous spectrum resource consists of a single carrier. The first spectrum resource 392 is in a low band (e.g. the 2 GHz band) and consists of a first carrier (carrier 1). The second spectrum resource 394 is in a mmW band and consists of a second carrier (carrier 2). The third spectrum resource 396 (if it exists) is in the THz band and consists of a third carrier (carrier 3). The fourth spectrum resource 398 (if it exists) is in visible light band and consists of a fourth carrier (carrier 4). Resources in one carrier which belong to the BWP may be contiguous or non-contiguous. For example, the frequency resources of carrier 1 might be contiguous or non-contiguous. Fig. 3/Fig.5-6/Fig.7-10 & ¶0104 - a carrier/BWP is sometimes configured as an “uplink carrier/BWP” or a “downlink carrier/BWP”. An uplink carrier/BWP is a carrier or BWP that is configured for uplink transmission. A downlink carrier/BWP is a carrier or BWP that is configured for downlink transmission. In some embodiments, a carrier/BWP may switch from an uplink carrier/BWP to a downlink carrier/BWP, and/or vice versa, e.g. in response to control signaling received from the base station).
Re. Claim 14, Tang teaches claim 1.
Tang further teaches wherein a first configuration of the downlink BWP and a second configuration of the uplink BWP are constant and do not vary with time. (Fig. 3/Fig.5-6/Fig.7-10 & ¶0129 - if the carrier index is the same for two carriers, then the carrier frequency and carrier bandwidth is the same for the two carriers. For TDD spectrum, the downlink carrier and uplink carrier occupy the same carrier frequency/carrier bandwidth. In such a TDD implementation, after configuring the downlink carrier, the uplink carrier configuration might only indicate the carrier index, with the carrier frequency/carrier bandwidth of the uplink carrier following the configuration of the downlink carrier with the same carrier index. The vice versa is also a possibility, i.e. after configuring the uplink carrier, the downlink carrier configuration might only indicate the carrier index, with the carrier frequency/carrier bandwidth of the downlink carrier following the configuration of the uplink carrier with the same carrier index. Fig. 3/Fig.5-6/Fig.7-10 & ¶0132 - the base station 170 configures, e.g. in RRC signaling, one or more dedicated downlink BWPs and/or one or more dedicated uplink BWPs separately for UE 110. For configured BWPs, the spectrum resources may be within the same frequency band or different frequency bands. To configure a BWP, the base station 170 may indicate the BWP frequency, the BWP bandwidth, and/or the BWP index. Fig. 3/Fig.5-6/Fig.7-10 & ¶0133 - Given the indicated BWP index, the UE 110 knows the carrier index. That is, the BWP index uniquely maps to a particular carrier.)
Re. Claim 15, Tang teaches claim 1.
Tang further teaches wherein a first configuration of the downlink BWP and a second configuration of the uplink BWP vary with time. (Fig. 3/Fig.5-6/Fig.7-10 & ¶0102 - “Modifying” a carrier/BWP for a UE refers to updating/changing the configuration of a carrier/BWP for a UE, e.g. changing the carrier/BWP index and/or changing the bandwidth and/or changing the transmission direction and/or changing the function of the carrier/BWP, etc. In some embodiments, modifying the carrier/BWP does not change the activation status of the carrier/BWP, e.g. if the carrier/BWP is activated then it remains activated after the modification. Fig. 3/Fig.5-6/Fig.7-10 & ¶0104 - a carrier/BWP may switch from an uplink carrier/BWP to a downlink carrier/BWP, and/or vice versa, e.g. in response to control signaling received from the base station.)
Claims 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Tang, in view Takeda et al. (2022/0322331, same assignee but published more than a year before the EFD of the instant application), Takeda hereinafter.
Re. Claim 7, Tang teaches claim 6.
Yet, Tang does not expressly teach wherein the one or more processors, individually or collectively, are configured to execute the instructions and cause the apparatus to transmit capability information indicating the first set of frequency bands to be configured for the reception of the one or more downlink transmissions and the second set of frequency bands to be configured for the transmission of the one or more uplink transmissions.
However, in the analogous art, Takeda explicitly discloses wherein the one or more processors (Fig.3, 359), individually or collectively, are configured to execute the instructions (Fig. 3, 359, 360 & ¶0033-¶0034) and cause the apparatus to transmit capability information indicating the first set of frequency bands to be configured for the reception of the one or more downlink transmissions and the second set of frequency bands to be configured for the transmission of the one or more uplink transmissions. (Fig. 2B/Fig. 4-6 & ¶0008 - first indication may indicate that the UE supports the NR-DC with the multiple cell groups, and the UE may receive a configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group. Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0035 - A UE may indicate to a base station that the UE supports NR-CA with multiple (e.g., two) PUCCH groups. The indication may signal that the UE supports two PUCCH groups for NR-CA with 3 or more frequency bands with at least two carrier types (e.g., from Frequency Range 1 (FR1) licensed time division duplex (TDD), FR1 unlicensed TDD, FR1 licensed frequency division duplex (FDD), and/or frequency range 2 (FR2). Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0084 - The UE may transmit, for each of multiple BCs < band combination>, an indication to the base station about whether the UE supports simultaneous Rx/Tx of data in a particular band pair. via the first band of the first cell-group in the FR1 licensed FDD band 402 and the second band of the second cell-group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. In one aspect, the UE may transmit, to the base station, a radio resource control (RRC) message including a set of UE radio access capability parameters indicating whether the UE supports simultaneous Tx/Rx in TDD-TDD and TDD-FDD inter-band NR-DC. For example, the UE may send, to the base station, a UE radio access capability parameter, e.g., simultaneousRxTxInterBandENDC, indicating the UE may support simultaneous Tx/Rx in TDD-TDD and TDD-FDD inter-band NR-DC. Fig. 2B/Fig. 4-6 & ¶0117 - At 610, the UE may transmit, to the base station, a first indication that the UE may support the NR-CA with the multiple PUCCH groups or the NR-DC with the multiple cell groups. The base station may receive, from the UE, the first indication that the UE supports NR-CA with multiple PUCCH groups or NR-DC with multiple cell groups. The indication may be provided in UE capability signaling, e.g., in an RRC message.).
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Tang’s invention of method and device for flexible spectrum with multiple carriers and/or bandwidth parts (BWPs) operating in LTE/NR <New Radio> wireless communication system to include Takeda’s invention of supporting simultaneous Rx/Tx by a User Equipment (UE) and a base station in 5G New Radio (NR) wireless communication system, because it provides an efficient mechanism for the UE and the base station in supporting new radio carrier aggregation (NR-CA) with multiple physical uplink control channel (PUCCH) groups or new radio dual connectivity (NR-DC) with multiple cell groups in determining whether the UE is capable of simultaneous reception (Rx) and transmission (Tx) (Rx/Tx) in a first frequency band of a first band group and a second frequency band of a second band group for the NR-CA or the NR-DC operating in the 5G New Radio (NR) wireless communication system. (¶0001-¶0005, Takeda)
Re. Claim 8, Tang teaches claim 6.
Yet, Tang does not expressly teach wherein the one or more processors, individually or collectively, are configured to execute the instructions and cause the apparatus to: transmit capability information indicating that the UE supports simultaneous uplink transmissions over the second set of frequency bands associated with the uplink BWP; and receive an indication of scheduling of the simultaneous uplink transmissions over the second set of frequency bands associated with the uplink BWP.
However, in the analogous art, Takeda explicitly discloses wherein the one or more processors (Fig.3, 359), individually or collectively, are configured to execute the instructions (Fig. 3, 359, 360 & ¶0033-¶0034) and cause the apparatus to: transmit capability information indicating that the UE supports simultaneous uplink transmissions over the second set of frequency bands associated with the uplink BWP (Fig. 2B/Fig. 4-6 & ¶0008 - first indication may indicate that the UE supports the NR-DC with the multiple cell groups, and the UE may receive a configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group. Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0035 - A UE may indicate to a base station that the UE supports NR-CA with multiple (e.g., two) PUCCH groups. The indication may signal that the UE supports two PUCCH groups for NR-CA with 3 or more frequency bands with at least two carrier types (e.g., from Frequency Range 1 (FR1) licensed time division duplex (TDD), FR1 unlicensed TDD, FR1 licensed frequency division duplex (FDD), and/or frequency range 2 (FR2). Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0084 - The UE may transmit, for each of multiple BCs < band combination>, an indication to the base station about whether the UE supports simultaneous Rx/Tx of data in a particular band pair. via the first band of the first cell-group in the FR1 licensed FDD band 402 and the second band of the second cell-group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. In one aspect, the UE may transmit, to the base station, a radio resource control (RRC) message including a set of UE radio access capability parameters indicating whether the UE supports simultaneous Tx/Rx in TDD-TDD and TDD-FDD inter-band NR-DC. For example, the UE may send, to the base station, a UE radio access capability parameter, e.g., simultaneousRxTxInterBandENDC, indicating the UE may support simultaneous Tx/Rx in TDD-TDD and TDD-FDD inter-band NR-DC. Fig. 2B/Fig. 4-6 & ¶0117 - At 610, the UE may transmit, to the base station, a first indication that the UE may support the NR-CA with the multiple PUCCH groups or the NR-DC with the multiple cell groups. The base station may receive, from the UE, the first indication that the UE supports NR-CA with multiple PUCCH groups or NR-DC with multiple cell groups. The indication may be provided in UE capability signaling, e.g., in an RRC message.); and receive an indication of scheduling of the simultaneous uplink transmissions over the second set of frequency bands associated with the uplink BWP (Fig. 2B/Fig. 4-6 & ¶0008 - first indication may indicate that the UE supports the NR-DC with the multiple cell groups, and the UE may receive a configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group. Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0120 - At 614, The base station may transmit a configuration for NR-DC or NR-CA with the first frequency band and the second frequency band to the UE, and the UE may receive the configuration for NR-DC or NR-CA with the first frequency band and the second frequency band from the base station. Fig. 2B/Fig. 4-7 & ¶0136 - UE may receive a configuration for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group based on the first indication indicating that the UE may support the NR-DC with the multiple cell groups. The UE may receive the configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group.).
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Tang’s invention of method and device for flexible spectrum with multiple carriers and/or bandwidth parts (BWPs) operating in LTE/NR <New Radio> wireless communication system to include Takeda’s invention of supporting simultaneous Rx/Tx by a User Equipment (UE) and a base station in 5G New Radio (NR) wireless communication system, because it provides an efficient mechanism for the UE and the base station in supporting new radio carrier aggregation (NR-CA) with multiple physical uplink control channel (PUCCH) groups or new radio dual connectivity (NR-DC) with multiple cell groups in determining whether the UE is capable of simultaneous reception (Rx) and transmission (Tx) (Rx/Tx) in a first frequency band of a first band group and a second frequency band of a second band group for the NR-CA or the NR-DC operating in the 5G New Radio (NR) wireless communication system. (¶0001-¶0005, Takeda)
Re. Claim 9, Tang teaches claim 6.
Yet, Tang does not expressly teach wherein the one or more processors, individually or collectively, are configured to execute the instructions and cause the apparatus to: transmit capability information indicating that the UE does not support simultaneous uplink transmissions over the second set of frequency bands associated with the uplink BWP; and receive an indication of scheduling of non-simultaneous uplink transmissions over the second set of frequency bands associated with the uplink BWP.
However, in the analogous art, Takeda explicitly discloses wherein the one or more processors (Fig.3, 359), individually or collectively, are configured to execute the instructions (Fig. 3, 359, 360 & ¶0033-¶0034) and cause the apparatus to: transmit capability information indicating that the UE does not support simultaneous uplink transmissions over the second set of frequency bands associated with the uplink BWP (Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0081 - wireless communication system including the UE and the base station may support the NR-DC, and the UE may indicate that is does not support (e.g., is not capable of) simultaneous Rx/Tx for a pair of frequency bands. … in time. FIG. 6 illustrates an example of the UE 602 transmitting an indication 612 informing the base station 604 that the UE does not support simultaneous transmission and reception in a pair of frequency bands. As an example, the UE may transmit the indication 612 in UE capability signaling in an RRC message. The indication may indicate that the UE does not support a capability parameter, which may be referred to as “simultaneousRxTxInterBandCA.”. Fig. 2B/Fig. 4-6 & ¶0085 - The base station may receive the indication from the UE that the UE does not support simultaneous Rx/Tx of data via the first band of the first cell-group in the FR1 licensed FDD band 402 and the second band of the second cell-group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. Fig. 2B/Fig. 4-6 & ¶0086 - network including the base station may receive the indication from the UE that the UE does not support simultaneous Rx/Tx in the first band of the first band group and the second band of the second band group, and interpret the indication to mean the UE is not capable of supporting NR-DC with the first band in the first cell-group and the second band in the second cell-group. That is, the network may interpret that the UE does not support the NR-DC with the first band in the first cell-group and the second band in the second cell-group based on the indication received from the UE indicating the UE's lack of support for simultaneous Rx/Tx in the first band of the first cell group in the FR1 licensed FDD band 402 and the second band of the second cell group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. Also, see step 612 in Fig. 6); and receive an indication of scheduling of non-simultaneous uplink transmissions over the second set of frequency bands associated with the uplink BWP (Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0085 - the network may schedule the communication with the UE to avoid scheduling the Rx/Tx of data simultaneously in the first frequency band of the first cell group and the second frequency band of the second cell group. Fig. 2B/Fig. 4-6 & ¶0086 - the base station may configure NR-DC for the UE, but may avoid scheduling simultaneous Rx/Tx for NR-DC with the first band in the first cell-group and the second band in the second cell-group. Fig. 2B/Fig. 4-6 & ¶0124 - At 616, the base station may schedule communication with the UE to avoid scheduling the simultaneous Rx/Tx based on the NR-CA or the NR-DC in at least the first frequency band of the first band group and the second frequency band of the second band group based on the second indication that the UE is not capable of the simultaneous Rx/Tx in the first frequency band and the second frequency band).
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Tang’s invention of method and device for flexible spectrum with multiple carriers and/or bandwidth parts (BWPs) operating in LTE/NR <New Radio> wireless communication system to include Takeda’s invention of supporting simultaneous Rx/Tx by a User Equipment (UE) and a base station in 5G New Radio (NR) wireless communication system, because it provides an efficient mechanism for the UE and the base station in supporting new radio carrier aggregation (NR-CA) with multiple physical uplink control channel (PUCCH) groups or new radio dual connectivity (NR-DC) with multiple cell groups in determining whether the UE is capable of simultaneous reception (Rx) and transmission (Tx) (Rx/Tx) in a first frequency band of a first band group and a second frequency band of a second band group for the NR-CA or the NR-DC operating in the 5G New Radio (NR) wireless communication system. (¶0001-¶0005, Takeda)
Re. Claim 10, Tang teaches claim 6.
Yet, Tang does not expressly teach wherein the one or more processors, individually or collectively, are configured to execute the instructions and cause the apparatus to: transmit capability information indicating that the UE supports simultaneous reception of downlink transmissions over the first set of frequency bands associated with the downlink BWP; and receive an indication of scheduling of simultaneous downlink transmissions over the first set of frequency bands associated with the downlink BWP.
However, in the analogous art, Takeda explicitly discloses wherein the one or more processors (Fig.3, 359), individually or collectively, are configured to execute the instructions (Fig. 3, 359, 360 & ¶0033-¶0034) and cause the apparatus to: transmit capability information indicating that the UE supports simultaneous reception of downlink transmissions over the first set of frequency bands associated with the downlink BWP (Fig. 2B/Fig. 4-6 & ¶0008 - first indication may indicate that the UE supports the NR-DC with the multiple cell groups, and the UE may receive a configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group. Fig. 2B/Fig. 4-6 & ¶0035 - A UE may indicate to a base station that the UE supports NR-CA with multiple (e.g., two) PUCCH groups. The indication may signal that the UE supports two PUCCH groups for NR-CA with 3 or more frequency bands with at least two carrier types (e.g., from Frequency Range 1 (FR1) licensed time division duplex (TDD), FR1 unlicensed TDD, FR1 licensed frequency division duplex (FDD), and/or frequency range 2 (FR2). Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0084 - The UE may transmit, for each of multiple BCs < band combination>, an indication to the base station about whether the UE supports simultaneous Rx/Tx of data in a particular band pair. via the first band of the first cell-group in the FR1 licensed FDD band 402 and the second band of the second cell-group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. In one aspect, the UE may transmit, to the base station, a radio resource control (RRC) message including a set of UE radio access capability parameters indicating whether the UE supports simultaneous Tx/Rx in TDD-TDD and TDD-FDD inter-band NR-DC. For example, the UE may send, to the base station, a UE radio access capability parameter, e.g., simultaneousRxTxInterBandENDC, indicating the UE may support simultaneous Tx/Rx in TDD-TDD and TDD-FDD inter-band NR-DC. Fig. 2B/Fig. 4-6 & ¶0117 - At 610, the UE may transmit, to the base station, a first indication that the UE may support the NR-CA with the multiple PUCCH groups or the NR-DC with the multiple cell groups. The base station may receive, from the UE, the first indication that the UE supports NR-CA with multiple PUCCH groups or NR-DC with multiple cell groups. The indication may be provided in UE capability signaling, e.g., in an RRC message); and receive an indication of scheduling of simultaneous downlink transmissions over the first set of frequency bands associated with the downlink BWP. (Fig. 2B/Fig. 4-6 & ¶0008 - first indication may indicate that the UE supports the NR-DC with the multiple cell groups, and the UE may receive a configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group. Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0120 - At 614, The base station may transmit a configuration for NR-DC or NR-CA with the first frequency band and the second frequency band to the UE, and the UE may receive the configuration for NR-DC or NR-CA with the first frequency band and the second frequency band from the base station. Fig. 2B/Fig. 4-7 & ¶0136 - UE may receive a configuration for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group based on the first indication indicating that the UE may support the NR-DC with the multiple cell groups. The UE may receive the configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group.)
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Tang’s invention of method and device for flexible spectrum with multiple carriers and/or bandwidth parts (BWPs) operating in LTE/NR <New Radio> wireless communication system to include Takeda’s invention of supporting simultaneous Rx/Tx by a User Equipment (UE) and a base station in 5G New Radio (NR) wireless communication system, because it provides an efficient mechanism for the UE and the base station in supporting new radio carrier aggregation (NR-CA) with multiple physical uplink control channel (PUCCH) groups or new radio dual connectivity (NR-DC) with multiple cell groups in determining whether the UE is capable of simultaneous reception (Rx) and transmission (Tx) (Rx/Tx) in a first frequency band of a first band group and a second frequency band of a second band group for the NR-CA or the NR-DC operating in the 5G New Radio (NR) wireless communication system. (¶0001-¶0005, Takeda)
Re. Claim 11, Tang teaches claim 6.
Yet, Tang does not expressly teach wherein the one or more processors, individually or collectively, are configured to execute the instructions and cause the apparatus to: transmit capability information indicating that the UE does not support simultaneous reception of downlink transmissions over the first set of frequency bands associated with the downlink BWP; and receive an indication of scheduling of non-simultaneous downlink transmissions over the set of the first set of frequency bands associated with the downlink BWP.
However, in the analogous art, Takeda explicitly discloses wherein the one or more processors (Fig.3, 359), individually or collectively, are configured to execute the instructions (Fig. 3, 359, 360 & ¶0033-¶0034) and cause the apparatus to: transmit capability information indicating that the UE does not support simultaneous reception of downlink transmissions over the first set of frequency bands associated with the downlink BWP (Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0081 - wireless communication system including the UE and the base station may support the NR-DC, and the UE may indicate that is does not support (e.g., is not capable of) simultaneous Rx/Tx for a pair of frequency bands. … in time. FIG. 6 illustrates an example of the UE 602 transmitting an indication 612 informing the base station 604 that the UE does not support simultaneous transmission and reception in a pair of frequency bands. As an example, the UE may transmit the indication 612 in UE capability signaling in an RRC message. The indication may indicate that the UE does not support a capability parameter, which may be referred to as “simultaneousRxTxInterBandCA.”. Fig. 2B/Fig. 4-6 & ¶0085 - The base station may receive the indication from the UE that the UE does not support simultaneous Rx/Tx of data via the first band of the first cell-group in the FR1 licensed FDD band 402 and the second band of the second cell-group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. Fig. 2B/Fig. 4-6 & ¶0086 - network including the base station may receive the indication from the UE that the UE does not support simultaneous Rx/Tx in the first band of the first band group and the second band of the second band group, and interpret the indication to mean the UE is not capable of supporting NR-DC with the first band in the first cell-group and the second band in the second cell-group. That is, the network may interpret that the UE does not support the NR-DC with the first band in the first cell-group and the second band in the second cell-group based on the indication received from the UE indicating the UE's lack of support for simultaneous Rx/Tx in the first band of the first cell group in the FR1 licensed FDD band 402 and the second band of the second cell group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. Also, see step 612 in Fig. 6); and receive an indication of scheduling of non-simultaneous downlink transmissions over the set of the first set of frequency bands associated with the downlink BWP. (Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0085 - the network may schedule the communication with the UE to avoid scheduling the Rx/Tx of data simultaneously in the first frequency band of the first cell group and the second frequency band of the second cell group. Fig. 2B/Fig. 4-6 & ¶0086 - the base station may configure NR-DC for the UE, but may avoid scheduling simultaneous Rx/Tx for NR-DC with the first band in the first cell-group and the second band in the second cell-group. Fig. 2B/Fig. 4-6 & ¶0124 - At 616, the base station may schedule communication with the UE to avoid scheduling the simultaneous Rx/Tx based on the NR-CA or the NR-DC in at least the first frequency band of the first band group and the second frequency band of the second band group based on the second indication that the UE is not capable of the simultaneous Rx/Tx in the first frequency band and the second frequency band.)
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Tang’s invention of method and device for flexible spectrum with multiple carriers and/or bandwidth parts (BWPs) operating in LTE/NR <New Radio> wireless communication system to include Takeda’s invention of supporting simultaneous Rx/Tx by a User Equipment (UE) and a base station in 5G New Radio (NR) wireless communication system, because it provides an efficient mechanism for the UE and the base station in supporting new radio carrier aggregation (NR-CA) with multiple physical uplink control channel (PUCCH) groups or new radio dual connectivity (NR-DC) with multiple cell groups in determining whether the UE is capable of simultaneous reception (Rx) and transmission (Tx) (Rx/Tx) in a first frequency band of a first band group and a second frequency band of a second band group for the NR-CA or the NR-DC operating in the 5G New Radio (NR) wireless communication system. (¶0001-¶0005, Takeda)
Re. Claim 12, Tang teaches claim 6.
Yet, Tang does not expressly teach wherein the one or more processors, individually or collectively, are configured to execute the instructions and cause the apparatus to: transmit capability information indicating that the UE supports simultaneous uplink transmission and reception of a downlink transmission over the second set of frequency bands associated with the uplink BWP and the first set of frequency bands associated with the downlink BWP; and receive an indication of scheduling of the simultaneous uplink transmission and the downlink transmission over the second set of frequency bands associated with the uplink BWP and the first set of frequency bands associated with the downlink BWP.
However, in the analogous art, Takeda explicitly discloses wherein the one or more processors (Fig.3, 359), individually or collectively, are configured to execute the instructions (Fig. 3, 359, 360 & ¶0033-¶0034) and cause the apparatus to: transmit capability information indicating that the UE supports simultaneous uplink transmission and reception of a downlink transmission over the second set of frequency bands associated with the uplink BWP and the first set of frequency bands associated with the downlink BWP (Fig. 2B/Fig. 4-6 & ¶0008 - first indication may indicate that the UE supports the NR-DC with the multiple cell groups, and the UE may receive a configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group. Fig. 2B/Fig. 4-6 & ¶0035 - A UE may indicate to a base station that the UE supports NR-CA with multiple (e.g., two) PUCCH groups. The indication may signal that the UE supports two PUCCH groups for NR-CA with 3 or more frequency bands with at least two carrier types (e.g., from Frequency Range 1 (FR1) licensed time division duplex (TDD), FR1 unlicensed TDD, FR1 licensed frequency division duplex (FDD), and/or frequency range 2 (FR2). Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0084 - The UE may transmit, for each of multiple BCs < band combination>, an indication to the base station about whether the UE supports simultaneous Rx/Tx of data in a particular band pair. via the first band of the first cell-group in the FR1 licensed FDD band 402 and the second band of the second cell-group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. In one aspect, the UE may transmit, to the base station, a radio resource control (RRC) message including a set of UE radio access capability parameters indicating whether the UE supports simultaneous Tx/Rx in TDD-TDD and TDD-FDD inter-band NR-DC. For example, the UE may send, to the base station, a UE radio access capability parameter, e.g., simultaneousRxTxInterBandENDC, indicating the UE may support simultaneous Tx/Rx in TDD-TDD and TDD-FDD inter-band NR-DC. Fig. 2B/Fig. 4-6 & ¶0117 - At 610, the UE may transmit, to the base station, a first indication that the UE may support the NR-CA with the multiple PUCCH groups or the NR-DC with the multiple cell groups. The base station may receive, from the UE, the first indication that the UE supports NR-CA with multiple PUCCH groups or NR-DC with multiple cell groups. The indication may be provided in UE capability signaling, e.g., in an RRC message.); and receive an indication of scheduling of the simultaneous uplink transmission and the downlink transmission over the second set of frequency bands associated with the uplink BWP and the first set of frequency bands associated with the downlink BWP (Fig. 2B/Fig. 4-6 & ¶0008 - first indication may indicate that the UE supports the NR-DC with the multiple cell groups, and the UE may receive a configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group. Fig.1/Fig. 2B/Fig. 4-6 & ¶0041 - The communication links 120 between the base stations 102 and the UEs 104 may include uplink (UL) (also referred to as reverse link) transmissions from a UE 104 to a base station 102 and/or downlink (DL) (also referred to as forward link) transmissions from a base station 102 to a UE 104. Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0120 - At 614, The base station may transmit a configuration for NR-DC or NR-CA with the first frequency band and the second frequency band to the UE, and the UE may receive the configuration for NR-DC or NR-CA with the first frequency band and the second frequency band from the base station. Fig. 2B/Fig. 4-7 & ¶0136 - UE may receive a configuration for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group based on the first indication indicating that the UE may support the NR-DC with the multiple cell groups. The UE may receive the configuration, from the base station, for the NR-DC with the first frequency band in a first cell group and the second frequency band in a second cell group.).
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Tang’s invention of method and device for flexible spectrum with multiple carriers and/or bandwidth parts (BWPs) operating in LTE/NR <New Radio> wireless communication system to include Takeda’s invention of supporting simultaneous Rx/Tx by a User Equipment (UE) and a base station in 5G New Radio (NR) wireless communication system, because it provides an efficient mechanism for the UE and the base station in supporting new radio carrier aggregation (NR-CA) with multiple physical uplink control channel (PUCCH) groups or new radio dual connectivity (NR-DC) with multiple cell groups in determining whether the UE is capable of simultaneous reception (Rx) and transmission (Tx) (Rx/Tx) in a first frequency band of a first band group and a second frequency band of a second band group for the NR-CA or the NR-DC operating in the 5G New Radio (NR) wireless communication system. (¶0001-¶0005, Takeda)
Re. Claim 13, Tang teaches claim 6.
Yet, Tang does not expressly teach wherein the one or more processors, individually or collectively, are configured to execute the instructions and cause the apparatus to: transmit capability information indicating that the UE does not support simultaneous uplink transmission and reception of a downlink transmission over the second set of frequency bands associated with the uplink BWP and the first set of frequency bands associated with the downlink BWP; and receive an indication of scheduling of non-simultaneous uplink transmission and the downlink transmission over the second set of frequency bands associated with the uplink BWP and the first set of frequency bands associated with the downlink BWP.
However, in the analogous art, Takeda explicitly discloses wherein the one or more processors (Fig.3, 359), individually or collectively, are configured to execute the instructions (Fig. 3, 359, 360 & ¶0033-¶0034) and cause the apparatus to: transmit capability information indicating that the UE does not support simultaneous uplink transmission and reception of a downlink transmission over the second set of frequency bands associated with the uplink BWP and the first set of frequency bands associated with the downlink BWP (Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0081 - wireless communication system including the UE and the base station may support the NR-DC, and the UE may indicate that is does not support (e.g., is not capable of) simultaneous Rx/Tx for a pair of frequency bands. … in time. FIG. 6 illustrates an example of the UE 602 transmitting an indication 612 informing the base station 604 that the UE does not support simultaneous transmission and reception in a pair of frequency bands. As an example, the UE may transmit the indication 612 in UE capability signaling in an RRC message. The indication may indicate that the UE does not support a capability parameter, which may be referred to as “simultaneousRxTxInterBandCA.”. Fig. 2B/Fig. 4-6 & ¶0085 - The base station may receive the indication from the UE that the UE does not support simultaneous Rx/Tx of data via the first band of the first cell-group in the FR1 licensed FDD band 402 and the second band of the second cell-group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. Fig. 2B/Fig. 4-6 & ¶0086 - network including the base station may receive the indication from the UE that the UE does not support simultaneous Rx/Tx in the first band of the first band group and the second band of the second band group, and interpret the indication to mean the UE is not capable of supporting NR-DC with the first band in the first cell-group and the second band in the second cell-group. That is, the network may interpret that the UE does not support the NR-DC with the first band in the first cell-group and the second band in the second cell-group based on the indication received from the UE indicating the UE's lack of support for simultaneous Rx/Tx in the first band of the first cell group in the FR1 licensed FDD band 402 and the second band of the second cell group in one of the FR1 licensed TDD band 404, the FR1 unlicensed TDD band 406, or the FR2 band 408. Also, see step 612 in Fig. 6); and receive an indication of scheduling of non-simultaneous uplink transmission and the downlink transmission over the second set of frequency bands associated with the uplink BWP and the first set of frequency bands associated with the downlink BWP (Fig. 2B/Fig. 4-6 & ¶0055 - Within a set of frames, there may be one or more different bandwidth parts (BWPs) (see FIG. 2B) that are frequency division multiplexed. Each BWP may have a particular numerology. Fig. 2B & ¶0058 - A PDCCH within one BWP may be referred to as a control resource set (CORESET). A UE is configured to monitor PDCCH candidates in a PDCCH search space (e.g., common search space, UE-specific search space) during PDCCH monitoring occasions on the CORESET, where the PDCCH candidates have different DCI formats and different aggregation levels. Additional BWPs may be located at greater and/or lower frequencies across the channel bandwidth. Fig. 2B/Fig. 4-6 & ¶0085 - the network may schedule the communication with the UE to avoid scheduling the Rx/Tx of data simultaneously in the first frequency band of the first cell group and the second frequency band of the second cell group. Fig. 2B/Fig. 4-6 & ¶0086 - the base station may configure NR-DC for the UE, but may avoid scheduling simultaneous Rx/Tx for NR-DC with the first band in the first cell-group and the second band in the second cell-group. Fig. 2B/Fig. 4-6 & ¶0124 - At 616, the base station may schedule communication with the UE to avoid scheduling the simultaneous Rx/Tx based on the NR-CA or the NR-DC in at least the first frequency band of the first band group and the second frequency band of the second band group based on the second indication that the UE is not capable of the simultaneous Rx/Tx in the first frequency band and the second frequency band.).
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Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filling date of the claimed invention to combine Tang’s invention of method and device for flexible spectrum with multiple carriers and/or bandwidth parts (BWPs) operating in LTE/NR <New Radio> wireless communication system to include Takeda’s invention of supporting simultaneous Rx/Tx by a User Equipment (UE) and a base station in 5G New Radio (NR) wireless communication system, because it provides an efficient mechanism for the UE and the base station in supporting new radio carrier aggregation (NR-CA) with multiple physical uplink control channel (PUCCH) groups or new radio dual connectivity (NR-DC) with multiple cell groups in determining whether the UE is capable of simultaneous reception (Rx) and transmission (Tx) (Rx/Tx) in a first frequency band of a first band group and a second frequency band of a second band group for the NR-CA or the NR-DC operating in the 5G New Radio (NR) wireless communication system. (¶0001-¶0005, Takeda)
Response to Arguments
Applicant's arguments for §103 rejection filed on 07/08/2026 have been fully considered but they are not persuasive.
Regarding remarks in pages 7-9 for independent claims 1, 16 and 19, applicant argues that Tang fails to teach, “wherein the virtual cell is configured with a plurality of frequency bands and each BWP indicates contiguous frequency resources in the plurality of frequency bands.”. The applicant further asserts that the subject matter of Tang differs from independent claim 1 in that Tang never discloses a BWP that indicates contiguous frequency resources across a plurality of frequency bands. See page 8 of remarks as submitted on 07/08/2026. The applicant also asserts that Tang's disclosure establishes a clear pattern: when BWPs are contiguous, they exist only within a single carrier (FIG. 7, paragraph [0088]); and when a BWP spans multiple frequency bands, the resources are non-contiguous (FIG. 10, paragraph [0091]). At no point does Tang disclose, teach, or suggest a BWP that indicates contiguous frequency resources spanning across a plurality of frequency bands, as recited in independent claim 1. The Examiner has not identified any passage in Tang showing a BWP with contiguous frequency resources across multiple frequency bands, and no such passage exists. See page 9 of remarks as submitted on 07/08/2026.
Examiner respectfully disagrees with the applicant. For example, Tang discloses that a cell might only include one downlink carrier/BWP, or only include one uplink carrier/BWP, or include multiple downlink carriers/BWPs, or include multiple uplink carriers/BWPs, or include one downlink carrier/BWP and one uplink carrier/BWP, or include one downlink carrier/BWP and multiple uplink carriers/BWPs, or include multiple downlink carriers/BWPs and one uplink carrier/BWP, or include multiple downlink carriers/BWPs and multiple uplink carriers/BWP. A BWP may be broadly defined as a set of contiguous or non-contiguous frequency subcarriers on a carrier, or a set of contiguous or non-contiguous frequency subcarriers on multiple carriers, or a set of non-contiguous or contiguous frequency subcarriers, which may have one or more carriers. A BWP may be broadly defined as a set of contiguous or non-contiguous frequency subcarriers on a carrier, or a set of contiguous or non-contiguous frequency subcarriers on multiple carriers, or a set of non-contiguous or contiguous frequency subcarriers, which may have one or more carriers. Carrier 354 (See Fig. 7, also see the snapshot next) has a bandwidth of 80 MHz and consists of two adjacent contiguous BWPs, each BWP being 40 MHz, and respectively identified as BWP 1 and BWP 2. Carrier 358 (See Fig. 7, also see the snapshot next) has a bandwidth of 80 MHz and consists of four adjacent contiguous BWPs, each BWP being 20 MHz, and respectively identified as BWP 1, BWP 2, BWP 3, and BWP 4. See ¶0086-¶0088 along with Fig.3/Fig. 7/Fig.9/Fig. 12. Tang further discloses that a BWP may comprise non-contiguous spectrum resources which consists of non-contiguous multiple carriers. For example, FIG. 10 illustrates a single BWP 382 having four non-contiguous spectrum resources 392, 394, 396, and 398. Each non-contiguous spectrum resource consists of a single carrier. The first spectrum resource 392 is in a low band (e.g. the 2 GHz band) and consists of a first carrier (carrier 1). The second spectrum resource 394 is in a mmW band and consists of a second carrier (carrier 2). The third spectrum resource 396 (if it exists) is in the THz band and consists of a third carrier (carrier 3). The fourth spectrum resource 398 (if it exists) is in visible light band and consists of a fourth carrier (carrier 4). Resources in one carrier which belong to the BWP may be contiguous or non-contiguous. For example, the frequency resources of carrier 1 might be contiguous or non-contiguous. See ¶0091 along with Fig.3/Fig. 7/Fig.9/Fig. 12. Tang also discloses in Fig. 9, where it illustrates a BWP 372 on a frequency spectrum of a wireless medium. BWP 372 has a bandwidth of 40 MHz and consists of two adjacent carriers, labelled carrier 1 and carrier 2, with each carrier having a bandwidth of 20 MHz. Carriers 1 and 2 are contiguous, See ¶0090 along with Fig. 9 (reproduced next). Tang further discloses the base station 170 configures, e.g. in RRC signaling, one or more dedicated downlink BWPs and/or one or more dedicated uplink BWPs separately for UE 110. For configured BWPs, the spectrum resources may be within the same frequency band or different frequency bands. To configure a BWP, the base station 170 may indicate the BWP frequency, the BWP bandwidth, and/or the BWP index. See ¶0132 along with Fig.3/Fig. 7/Fig.9/Fig. 12. Also, examiner considers Cell <see ¶0086-¶0087> as disclosed supra refers to a virtual cell, primarily, because of the definition of “virtual cell” outlined in the instant application at least in ¶0004, for example, it recites, “The method includes receiving one or more configurations of one or more bandwidth parts (BWPs) of a virtual cell, wherein the virtual cell is configured with a plurality of frequency bands and each BWP indicates contiguous frequency resources in the plurality of frequency bands”, quite a contrast to applicant’s remarks at pages 8-9 as submitted on 07/08/2026. See snapshots of Fig. 7 & Fig.9 next, in support of the aforesaid disclosures by Tang.
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The applicant further contends, “The Examiner's own reasoning thus acknowledges that the term ''virtual cell'' is absent from Tang and relies on the applicant's specification to read the concept into Tang's conventional LTE/NR cell. Tang operates entirely within the LTE/NR context, addressing ''[r]estrictions associated with the use of multiple carriers in long-term evolution (LTE) and/or new radio (NR). '' Tang, paragraph [0002]. Tang's cell concept at paragraph [0086] describes a conventional cell comprising various combinations of downlink and uplink carriers and/or BWPs - not a virtual cell as recited in independent claim 1. However, even assuming arguendo that Tang's cell could be considered a virtual cell (which Applicant does not concede), the Examiner has still not shown how Tang discloses a BWP that indicates contiguous frequency resources in the plurality of frequency bands of that cell. As discussed above, Tang's contiguous BWPs are limited to single carriers, and Tang's multi-band BWP is explicitly non-contiguous. Accordingly, the Examiner has not established a primafacie case of obviousness with respect to independent claim 1”. See page 10 of remarks as submitted on 07/08/2026.
Examiner respectfully disagrees with the applicant. For example, Tang discloses that a cell might only include one downlink carrier/BWP, or only include one uplink carrier/BWP, or include multiple downlink carriers/BWPs, or include multiple uplink carriers/BWPs, or include one downlink carrier/BWP and one uplink carrier/BWP, or include one downlink carrier/BWP and multiple uplink carriers/BWPs, or include multiple downlink carriers/BWPs and one uplink carrier/BWP, or include multiple downlink carriers/BWPs and multiple uplink carriers/BWP. A BWP may be broadly defined as a set of contiguous or non-contiguous frequency subcarriers on a carrier, or a set of contiguous or non-contiguous frequency subcarriers on multiple carriers, or a set of non-contiguous or contiguous frequency subcarriers, which may have one or more carriers. A BWP may be broadly defined as a set of contiguous or non-contiguous frequency subcarriers on a carrier, or a set of contiguous or non-contiguous frequency subcarriers on multiple carriers, or a set of non-contiguous or contiguous frequency subcarriers, which may have one or more carriers. Carrier 354 (See Fig. 7, also see the snapshot next) has a bandwidth of 80 MHz and consists of two adjacent contiguous BWPs, each BWP being 40 MHz, and respectively identified as BWP 1 and BWP 2. Carrier 358 (See Fig. 7, also see the snapshot next) has a bandwidth of 80 MHz and consists of four adjacent contiguous BWPs, each BWP being 20 MHz, and respectively identified as BWP 1, BWP 2, BWP 3, and BWP 4. See ¶0086-¶0088 along with Fig.3/Fig. 7/Fig.9/Fig. 12. Tang further discloses that a BWP may comprise non-contiguous spectrum resources which consists of non-contiguous multiple carriers. For example, FIG. 10 illustrates a single BWP 382 having four non-contiguous spectrum resources 392, 394, 396, and 398. Each non-contiguous spectrum resource consists of a single carrier. The first spectrum resource 392 is in a low band (e.g. the 2 GHz band) and consists of a first carrier (carrier 1). The second spectrum resource 394 is in a mmW band and consists of a second carrier (carrier 2). The third spectrum resource 396 (if it exists) is in the THz band and consists of a third carrier (carrier 3). The fourth spectrum resource 398 (if it exists) is in visible light band and consists of a fourth carrier (carrier 4). Resources in one carrier which belong to the BWP may be contiguous or non-contiguous. For example, the frequency resources of carrier 1 might be contiguous or non-contiguous. See ¶0091 along with Fig.3/Fig. 7/Fig.9/Fig. 12. Tang also discloses in Fig. 9, where it illustrates a BWP 372 on a frequency spectrum of a wireless medium. BWP 372 has a bandwidth of 40 MHz and consists of two adjacent carriers, labelled carrier 1 and carrier 2, with each carrier having a bandwidth of 20 MHz. Carriers 1 and 2 are contiguous, See ¶0090 along with Fig. 9 (reproduced next). Tang further discloses the base station 170 configures, e.g. in RRC signaling, one or more dedicated downlink BWPs and/or one or more dedicated uplink BWPs separately for UE 110. For configured BWPs, the spectrum resources may be within the same frequency band or different frequency bands. To configure a BWP, the base station 170 may indicate the BWP frequency, the BWP bandwidth, and/or the BWP index. See ¶0132 along with Fig.3/Fig. 7/Fig.9/Fig. 12. Also, examiner considers Cell <see ¶0086-¶0087> as disclosed supra refers to a virtual cell, primarily, because of the definition of “virtual cell” outlined in the instant application at least in ¶0004, for example, it recites, “The method includes receiving one or more configurations of one or more bandwidth parts (BWPs) of a virtual cell, wherein the virtual cell is configured with a plurality of frequency bands and each BWP indicates contiguous frequency resources in the plurality of frequency bands”.
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Also, applicant’s allegation, such as, “The Examiner's own reasoning thus acknowledges that the term ''virtual cell'' is absent from Tang and relies on the applicant's specification to read the concept into Tang's conventional LTE/NR cell.”. Examiner respectfully disagrees with such an assertion as made by the applicant. Examiner would like to refer to MPEP 2111.01, where it is recited, “an applicant is entitled to be their own lexicographer and may rebut the presumption that claim terms are to be given their ordinary and customary meaning by clearly setting forth a definition of the term that is different from its ordinary and customary meaning(s) in the specification at the time of filing. See In re Paulsen, 30 F.3d 1475, 1480, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994) (holding that an inventor may define specific terms used to describe invention, but must do so "with reasonable clarity, deliberateness, and precision" and, if done, must "‘set out his uncommon definition in some manner within the patent disclosure’ so as to give one of ordinary skill in the art notice of the change" in meaning) (quoting Intellicall, Inc. v. Phonometrics, Inc., 952 F.2d 1384, 1387-88, 21 USPQ2d 1383, 1386 (Fed. Cir. 1992) “. Based on the definition of the claimed feature, “virtual cell” as recited in claim limitations for independent claims 1, 16 and 19, a person of ordinary skill in the field of art, would interpret that the claimed feature, “virtual cell” refers to Cell <as disclosed at least in ¶0086-¶0088, ¶0091 & ¶0132 >, primarily, because of the definition of “virtual cell” outlined in the instant application at least in ¶0004, for example, it recites, “The method includes receiving one or more configurations of one or more bandwidth parts (BWPs) of a virtual cell, wherein the virtual cell is configured with a plurality of frequency bands and each BWP indicates contiguous frequency resources in the plurality of frequency bands”.
Under the broadest reasonable interpretation (BRI), words of the claim must be given their plain meaning. See MPEP 2173.01. Examiner uses the plain meaning of the claimed feature “virtual cell” based on the description of the claimed feature as outlined in the instant application at least in ¶0004.
In fact, under BROADEST REASONABLE INTERPRETATION, MPEP 2173.01 clearly states, “The first step to examining a claim to determine if the language is definite is to fully understand the subject matter of the invention disclosed in the application and to ascertain the boundaries of that subject matter encompassed by the claim. During examination, a claim must be given its broadest reasonable interpretation consistent with the specification as it would be interpreted by one of ordinary skill in the art. Because the applicant has the opportunity to amend claims during prosecution, giving a claim its broadest reasonable interpretation will reduce the possibility that the claim, once issued, will be interpreted more broadly than is justified. In re Yamamoto, 740 F.2d 1569, 1571, 222 USPQ 934, 936 (Fed. Cir. 1984); In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) ("During patent examination the pending claims must be interpreted as broadly as their terms reasonably allow."). Under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the time of the invention. If an Office action has issued where the plain meaning of the claim terms was used, applicant may point out that the term has been given a special definition. Since there is a presumption that claim terms are given their plain meaning, and the use of special definitions is an exception, the applicant must point to where the specification as filed provides a clear and intentional use of a special definition for the claim term to be treated as having a special definition”, quite a contrast to applicant’s remarks at least at pages 10 as submitted on 07/08/2026.
For these reasons, it is maintained that independent claims 1, 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Tang.
As all other dependent claims depend either directly or indirectly from the independent claims 1, 16 and 19, similar rationale also applies to all respective dependent claims.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED SHAMSUL CHOWDHURY whose telephone number is (571)272-0485. The examiner can normally be reached on Monday-Thursday 9 AM- 6 PM EST (Friday Var.).
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/MOHAMMED S CHOWDHURY/Primary Examiner, Art Unit 2467
Prosecution Insights