DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention.
For claim 1, the claim limitations “communication unit configured” and “control unit configured” have been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the non-structure term “unit” is not clearly modified by a functional terminology. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For claim 2, the claim limitation “reception unit configured” has been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the non-structure term “unit” is not clearly modified by a functional terminology. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For claim 3, the claim limitation “reception unit configured” has been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the non-structure term “unit” is not clearly modified by a functional terminology. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For claim 4, the claim limitation “reception unit configured” has been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the non-structure term “unit” is not clearly modified by a functional terminology. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
For claim 5, the claim limitations “reception unit configured” and “transmission unit configured” and “control unit configured” have been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the non-structure term “unit” is not clearly modified by a functional terminology. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In response to this rejection, applicant must clarify whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Mere assertion regarding applicant’s intent to invoke or not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph is insufficient. Applicant may:
(a) Amend the claim to clearly invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by reciting “means” or a generic placeholder for means, or by reciting “step.” The “means,” generic placeholder, or “step” must be modified by functional language, and must not be modified by sufficient structure, material, or acts for performing the claimed function;
(b) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, should apply because the claim limitation recites a function to be performed and does not recite sufficient structure, material, or acts to perform that function;
(c) Amend the claim to clearly avoid invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by deleting the function or by reciting sufficient structure, material or acts to perform the recited function; or
(d) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, does not apply because the limitation does not recite a function or does recite a function along with sufficient structure, material or acts to perform that function.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WANG et al. (US 2021/0119697 A1; hereafter WANG).
With respect to claim 1, WANG discloses a terminal (115-a in FIG. 4; 504 in FIG. 5; paragraphs [0045], [0046]) comprising:
a communication unit (720, 710, 730, 722 in FIG. 7) configured to perform communication with a base station (105 in FIG. 1; paragraph [0038]) that is included in an NTN (Non-Terrestrial Network) via a non-terrestrial device (140 in FIG. 1; 140-A in FIG. 3; 140-B in FIG. 4) and a wireless relay device (105 in FIG. 1; paragraph [0038]), based on a configuration related to a specific frequency band (1st, 2nd, 3rd frequency in FIG. 3; 1st, 2nd frequency in FIG. 4); and
a control unit (720, 710, 730, 722 in FIG. 7) configured to switch:
a beam (Beam Change, BWP Change in FIG. 5); or
a configuration related to the specific frequency band (1st, 2nd, 3rd frequency in FIG. 3; 1st, 2nd frequency in FIG. 4), to be applied to a section from the wireless relay device (105 in FIG. 1; paragraph [0038]) to the terminal itself (115-a in FIG. 4; 504 in FIG. 5; paragraphs [0045], [0046]) in a link from the non-terrestrial device (140 in FIG. 1; 140-A in FIG. 3; 140-B in FIG. 4) to the terminal itself (115-a in FIG. 4; 504 in FIG. 5; paragraphs [0045], [0046]).
With respect to claim 2, WANG further discloses the terminal as claimed in claim 1,
the terminal further comprising a reception unit (720, 710, 730, 722 in FIG. 7) configured to receive a signal for a terminal group (Beam Change, BWP Change in FIG. 5) for switching the configuration related to the specific frequency band from the base station or the wireless relay device (105 in FIG. 1; paragraph [0038]), and
wherein the control unit (720, 710, 730, 722 in FIG. 7) switches the beam or the configuration related to the specific frequency band (1st, 2nd, 3rd frequency in FIG. 3; 1st, 2nd frequency in FIG. 4) to be applied to the section (Beam Change, BWP Change in FIG. 5) from the wireless relay device to the terminal itself (115-a in FIG. 4; 504 in FIG. 5; paragraphs [0045], [0046]), based on the signal (Steps 1 to 4 in FIG. 5).
With respect to claim 3, WANG further discloses
The terminal as claimed in claim 1,
the terminal further comprising a reception unit (720, 710, 730, 722 in FIG. 7) configured to receive information related to a position of the wireless relay device (paragraphs [0092] and [0096]) from the base station or the wireless relay device (105 in FIG. 1; paragraph [0038]), and wherein
the control unit (720, 710, 730, 722 in FIG. 7) autonomously switches the beam or the configuration related to the specific frequency band (1st, 2nd, 3rd frequency in FIG. 3; 1st, 2nd frequency in FIG. 4) to be applied to the section from the wireless relay device to the terminal itself (115-a in FIG. 4; 504 in FIG. 5; paragraphs [0045], [0046]), based on the information (Steps 1 to 4 in FIG. 5).
With respect to claim 4, WANG further discloses the terminal as claimed in claim 1.
the terminal further comprising a reception unit (720, 710, 730, 722 in FIG. 7) configured to receive a signal for performing switching of the configuration (Steps 1 to 4 in FIG. 5) one or more times related to the specific frequency band from the base station or the wireless relay device (105 in FIG. 1; paragraph [0038]), and
wherein the control unit performs switching of the configuration one or more times related to the specific frequency band (1st, 2nd, 3rd frequency in FIG. 3; 1st, 2nd frequency in FIG. 4) at a specific timing or in a specific time period, based on the signal (Steps 1 to 4 in FIG. 5).
With respect to claim 5, WANG discloses a wireless relay device (105 in FIG. 1; paragraph [0038]) comprising:
a reception unit (paragraph [0051]) configured to receive a wireless signal from a base station (105 in FIG. 1; paragraph [0038]) included in an NTN (Non Terrestrial Network) via a non-terrestrial device (140 in FIG. 1; 140-A in FIG. 3; 140-B in FIG. 4);
a transmission unit (paragraph [0051]) configured to transmit the radio signal to a terminal (115-a in FIG. 4; 504 in FIG. 5; paragraphs [0045], [0046]); and
a control unit (paragraph [0051]) configured to transmit the wireless signal received based on a configuration related to a specific frequency band (1st, 2nd, 3rd frequency in FIG. 3; 1st, 2nd frequency in FIG. 4) to the terminal by applying a configuration related to a specific frequency band that is different from the configuration related to the specific frequency band (Beam Change, BWP Change in FIG. 5).
With respect to claim 6, WANG discloses a communication method (Abstract; Title) performed by a terminal (115-a in FIG. 4; 504 in FIG. 5; paragraphs [0045], [0046]), the communication
method comprising:
performing communication with a base station (105 in FIG. 1; paragraph [0038]) that is included in an NTN (Non Terrestrial Network) via a non-terrestrial device (140 in FIG. 1; 140-A in FIG. 3; 140-B in FIG. 4) and a wireless relay device (105 in FIG. 1; paragraph [0038]),
based on a configuration related to a specific frequency band (1st, 2nd, 3rd frequency in FIG. 3; 1st, 2nd frequency in FIG. 4); and
switching a beam (Beam Change, BWP Change in FIG. 5); or
a configuration related to the specific frequency band, to be applied to a section from the wireless relay device (105 in FIG. 1; paragraph [0038]) to the terminal itself (115-a in FIG. 4; 504 in FIG. 5; paragraphs [0045], [0046]) in a link from the non-terrestrial device (140 in FIG. 1; 140-A in FIG. 3; 140-B in FIG. 4) to the terminal itself (115-a in FIG. 4; 504 in FIG. 5; paragraphs [0045], [0046]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian T O'Connor whose telephone number is (571)270-1081. The examiner can normally be reached Mon-Fri Flex 10am-6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gary Mui can be reached at 571-270-1420. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN T O CONNOR/Primary Examiner, Art Unit 2465 March 27, 2026
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