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 .
DETAILED ACTION
a. Claims 1-20 in the present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
b. This is a final action on the merits based on Applicant’s claims submitted on 03/18/2024.
Response to Arguments
Regarding claims 1-4, 6-13, and 15-19 previously rejected under 35 U.S.C. § 103, Applicant's first arguments, see “Paragraph 137 of Kim does not teach performing a transmission or "perform[ing] transmission in a first set of symbols of a first slot according to the UL configuration of the BWP," or "perform reception in a second set of symbols of a second slot according to the DL configuration of the BWP," as recited in Claim 1.” on page 3, filed on 06/19/2026, with respect to unpatentable over Kim et al., U.S. Patent Publication 2020/0351847 (hereinafter "Kim"), have been fully considered but not persuasive.
Kim clearly discloses perform transmission in a first set of symbols of a first slot according to the UL configuration of the BWP (“if the UE is configured by the higher layer to transmit a PUCCH, a PUSCH, or a PRACH in the set of symbols of the slot, the UE transmits the PUCCH, or the PUSCH, or the PRACH in the slot only if the SFI-index field value in DCI format 2_0 indicates the set of symbols of the slot as UL.” [0340]) or perform reception in a second set of symbols of a second slot according to the DL configuration of the BWP (“if the UE is configured by the higher layer to receive a PDSCH or a CSI-RS in the set of symbols of the slot, the UE receives the PDSCH or the CSI-RS in the set of symbols of the slot, only if the SFI-index field value in DCI format 2_0 indicates the set of symbols of the slot as DL” [0339]).
Regarding claims 1-4, 6-13, and 15-19 previously rejected under 35 U.S.C. § 103, Applicant's second arguments, see “Thus, paragraph 10 of Park does not teach "wherein at least one symbol of the first set of symbols of the first slot comprises at least a first UL subband and a first DL subband" or "wherein at least one symbol of the second set of symbols of the second slot comprises at least a second UL subband and a second DL subband.” on page 3, filed on 06/19/2026, with respect to Park, U.S. Patent Publication No. 2021/0235487 (hereinafter "Park"), have been fully considered but not persuasive.
Park clearly discloses wherein at least one symbol of the first set of symbols of the first slot comprises at least a first UL subband and a first DL subband or wherein at least one symbol of the second set of symbols of the second slot comprises at least a second UL subband and a second DL subband (“the DL or UL BWP configured for any UE in the NR-U cell or the system bandwidth of a NR-U cell is divided into subbands, the LBT is performed in the corresponding subband unit, and a design for a wireless protocol for radio signal transmission in the subband unit is needed.” [0131] and furthermore “Therefore, a slot may be made up of 14 symbols. In accordance with a transmission direction for a corresponding slot, all symbols may be used for DL transmission or UL transmission, or the symbols may be used in the configuration of a DL portion+a gap+a UL portion.” [0102]).
The Kim’s reference, as combined with the Park’s reference, discloses each and every limitation of the present claims, and therefore render the claims 1-4, 6-13, and 15-19 obvious. The Examiner respectfully disagrees with the applicant’s arguments that the Examiner fails to establish a prima facie case of obviousness MPEP § 2141. Claims 1-4, 6-13, and 15-19 are still being rejected on the same grounds for rejection as before.
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 of this title, 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 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 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.
Claims 1-4, 6-13, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US Pub 2020/0351847 (hereinafter “Kim”), and in view of Park US Pub 2021/0235487 (hereinafter “Park”).
Regarding claim 1
Kim discloses a user equipment (UE) (“wireless device 100” in Fig. 34; [1085]), comprising:
at least one memory (“memory 104” in Fig. 34. [0186]); and
at least one processor (“processor 102” in Fig. 34; [0186]) coupled with the at least one memory and configured to cause the UE to:
receive information for a bandwidth part (BWP) including both a downlink (DL) configuration and an uplink (UL) configuration (“The BS may configure at least one DL/UL BWP for a UE associated with a wideband CC, activate at least one of the configured DL/UL BWP(s) at a specific time (by L1 signaling (e.g., DCI or the like), MAC signaling, or RRC signaling). The activated DL/UL BWP may be referred to as an active DL/UL BWP.” [0220]); and
perform transmission in a first set of symbols of a first slot according to the UL configuration of the BWP (“N.sup.UL.sub.symb represents the number of symbols in the UL slot.” [0137] and furthermore “if the UE is configured by the higher layer to transmit a PUCCH, a PUSCH, or a PRACH in the set of symbols of the slot, the UE transmits the PUCCH, or the PUSCH, or the PRACH in the slot only if the SFI-index field value in DCI format 2_0 indicates the set of symbols of the slot as UL.” [0340]),
perform reception in a second set of symbols of a second slot according to the DL configuration of the BWP (“N.sup.DL.sub.symb represents the number of symbols in the DL slot” [0137] ) and furthermore “if the UE is configured by the higher layer to receive a PDSCH or a CSI-RS in the set of symbols of the slot, the UE receives the PDSCH or the CSI-RS in the set of symbols of the slot, only if the SFI-index field value in DCI format 2_0 indicates the set of symbols of the slot as DL” [0339]), wherein at least one symbol of the second set of symbols of the second slot comprises at least a second UL subband and a second DL subband (“a method may be considered where a DL or UL BWP configured for a UE may be partitioned into subbands with a bandwidth, and an LBT is performed in the corresponding subband unit, and an uplink/downlink control channel and data channel is transmitted/received. In other words, the BWP configured in the UE may be constituted of N subbands. For example, FIG. 13 illustrates an example of an active 40 MHz BWP configured in the UE including two subbands.” [0202]);
or a combination thereof.
Kim does not specifically teach receive information for a bandwidth part (BWP) including wherein at least one symbol of the first set of symbols of the first slot comprises at least a first UL subband and a first DL subband.
In an analogous art, Park discloses receive information for a bandwidth part (BWP) including wherein at least one symbol of the first set of symbols of the first slot (“Therefore, a slot may be made up of 14 symbols. In accordance with a transmission direction for a corresponding slot, all symbols may be used for DL transmission or UL transmission, or the symbols may be used in the configuration of a DL portion+a gap+a UL portion.” [0102]) comprises at least a first UL subband and a first DL subband (“The UE may include a receiver for receiving configuration information for one or more subbands for a system bandwidth of a cell configured in the unlicensed band or a bandwidth part configured in the unlicensed band and receiving downlink control information including uplink frequency domain resource allocation information for transmitting uplink data in the bandwidth part or the system bandwidth, a controller performing an LBT operation on each of subbands where a frequency resource allocated for uplink data transmission belongs, based on the resource allocation information and determining a subband for transmitting the uplink data based on a result of the LBT operation, and a transmitter for transmitting the uplink data in the determined subband.” [0010] and furthermore “the DL or UL BWP configured for any UE in the NR-U cell or the system bandwidth of a NR-U cell is divided into subbands, the LBT is performed in the corresponding subband unit, and a design for a wireless protocol for radio signal transmission in the subband unit is needed.” [0131]).
Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Kim’s method of transmitting and receiving a signal in a wireless communication system to include Park’s method for transmitting and receiving uplink data and downlink data using an unlicensed band in NR, in order to determine a subband for transmitting uplink data and to transmit the uplink data in the determined subband (Park [Abstract]). Thus, a person of ordinary skill would have appreciated the ability to incorporate Park’s method for transmitting and receiving uplink data and downlink data using an unlicensed band in NR into Kim’s method of transmitting and receiving a signal in a wireless communication system since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 2
Kim, as modified by Park, previously discloses the UE of claim 1,
Kim further discloses wherein the DL configuration comprises a physical DL control channel (PDCCH) configuration, a physical DL shared channel (PDSCH) configuration, or a combination thereof (“the UE may acquire more detailed system information by receiving a physical downlink control channel (PDCCH) and receiving on a physical downlink shared channel (PDSCH) based on information of the PDCCH” [0111]).
Regarding claim 3
Kim, as modified by Park, previously discloses the UE of claim 1,
Kim further discloses wherein the UL configuration comprises a physical UL control channel (PUCCH) configuration, a physical UL shared channel (PUSCH) configuration, or a combination thereof (“A PUCCH may be transmitted in the UL control region, and a PUSCH may be transmitted in the UL data region.” [0170]).
Regarding claim 4
Kim, as modified by Park, previously discloses the UE of claim 1,
Park further discloses wherein the transmission in the first set of symbols of the first slot (“a slot structure in which all symbols are configured for an uplink” [0062]) is within the first UL subband (“a receiver for receiving uplink data in a subband determined based on a result of performing an LBT operation by the UE on each of at least one subband, in the system bandwidth or the bandwidth part” [0011]).
Regarding claim 6
Kim, as modified by Park, previously discloses the UE of claim 1,
Park further discloses wherein the first UL subband and the second DL subband are associated with the BWP (“Accordingly, one or more subbands with a bandwidth may be configured for the DL BWP or UL BWP configured for the bandwidth.” [0155]).
Regarding claim 7
A method performed by a user equipment (UE), the method comprising:
receiving information for a bandwidth part (BWP) including both a downlink (DL) configuration and an uplink (UL) configuration; and
performing:
transmission in a first set of symbols of a first slot according to the UL configuration of the BWP, wherein at least one symbol of the first
set of symbols of the first slot comprises at least a first UL subband and a first DL subband;
reception in a second set of symbols of a second slot according to the DL configuration of the BWP, wherein at least one symbol of the second set of symbols of the second slot comprises at least a second UL subband and a second DL subband;
or a combination thereof.
The scope and subject matter of method claim 7 is drawn to the method of using the corresponding apparatus claimed in claim 1. Therefore method claim 7 corresponds to apparatus claim 1 and is rejected for the same reasons of obviousness as used in claim 1 rejection above.
Regarding claim 8
The method of claim 7, wherein the DL configuration comprises a physical DL control channel (PDCCH) configuration, a physical DL shared channel (PDSCH) configuration, or a combination thereof.
The scope and subject matter of method claim 8 is drawn to the method of using the corresponding apparatus claimed in claim 2. Therefore method claim 8 corresponds to apparatus claim 2 and is rejected for the same reasons of obviousness as used in claim 2 rejection above.
Regarding claim 9
The method of claim 7, wherein the UL configuration comprises a physical UL control channel (PUCCH) configuration, a physical UL shared channel (PUSCH) configuration, or a combination thereof.
The scope and subject matter of method claim 9 is drawn to the method of using the corresponding apparatus claimed in claim 3. Therefore method claim 9 corresponds to apparatus claim 3 and is rejected for the same reasons of obviousness as used in claim 3 rejection above.
Regarding claim 10
Kim discloses a base station (“wireless device 200” in Fig. 34; [1085]), comprising:
at least one memory (“memory 204” in Fig. 34. [0187]); and
at least one processor (“processor 202” in Fig. 34. [0187]) coupled with the at least one memory and configured to cause the base station to:
transmit information of a bandwidth part (BWP) including both a downlink (DL) configuration and an uplink (UL) configuration; and
perform reception in a first set of symbols of a first slot according to the UL configuration of the BWP, wherein at least one symbol of the first set of symbols of the first slot comprises at least a first UL subband and a first DL subband;
perform transmission in a second set of symbols of a second slot according to the DL configuration of the BWP, wherein at least one symbol of the second set of symbols of the second slot comprises at least a second UL subband and a second DL subband;
or a combination thereof.
The scope and subject matter of apparatus claim 10 are reciprocal to the scope and subject matter as claimed in apparatus claim 1. Therefore apparatus claim 10 corresponds to apparatus claim 1 and is rejected for the same reasons of obviousness as used in claim 1 rejection above.
Regarding claim 11
The base station of claim 10, wherein the DL configuration comprises a physical DL control channel (PDCCH) configuration, a physical DL shared channel (PDSCH) configuration, or a combination thereof.
The scope and subject matter of apparatus claim 11 are similar to the scope and subject matter as claimed in apparatus claim 2. Therefore apparatus claim 11 corresponds to apparatus claim 2 and is rejected for the same reasons of obviousness as used in claim 2 rejection above.
Regarding claim 12
The base station of claim 10, wherein the UL configuration comprises a physical UL control channel (PUCCH) configuration, a physical UL shared channel (PUSCH) configuration, or a combination thereof.
The scope and subject matter of apparatus claim 12 are similar to the scope and subject matter as claimed in apparatus claim 3. Therefore apparatus claim 12 corresponds to apparatus claim 3 and is rejected for the same reasons of obviousness as used in claim 3 rejection above.
Regarding claim 13
The base station of claim 10, wherein the reception in the first set of symbols of the first slot is within the first UL subband.
The scope and subject matter of apparatus claim 13 are similar to the scope and subject matter as claimed in apparatus claim 4. Therefore apparatus claim 13 corresponds to apparatus claim 4 and is rejected for the same reasons of obviousness as used in claim 4 rejection above.
Regarding claim 15
The base station of claim 10, wherein the first DL subband and the second UL subband are associated with the BWP.
The scope and subject matter of apparatus claim 15 are similar to the scope and subject matter as claimed in apparatus claim 6. Therefore apparatus claim 15 corresponds to apparatus claim 6 and is rejected for the same reasons of obviousness as used in claim 6 rejection above.
Regarding claim 16
Kim discloses a processor (“wireless device 100” in Fig. 34; [1085]) for wireless communication, comprising:
at least one controller (“processor 102” in Fig. 34; [0186]) coupled with at least one memory (“memory 104” in Fig. 34. [0186]) and configured to cause the processor to:
receive information for a bandwidth part (BWP) including both a downlink (DL) configuration and an uplink (UL) configuration; and
perform transmission in a first set of symbols of a first slot according to the UL configuration of the BWP, wherein at least one symbol of the first set of symbols of the first slot comprises at least a first UL subband and a first DL subband;
perform reception in a second set of symbols of a second slot according to the DL configuration of the BWP, wherein at least one symbol of the second set of symbols of the second slot comprises at least a second UL subband and a second DL subband;
or a combination thereof.
The scope and subject matter of apparatus claim 16 are similar to the scope and subject matter as claimed in apparatus claim 1. Therefore apparatus claim 16 corresponds to apparatus claim 1 and is rejected for the same reasons of obviousness as used in claim 1 rejection above.
Regarding claim 17
The processor of claim 16, wherein the DL configuration comprises a physical DL control channel (PDCCH) configuration, a physical DL shared channel (PDSCH) configuration, or a combination thereof.
The scope and subject matter of apparatus claim 17 are similar to the scope and subject matter as claimed in apparatus claim 2. Therefore apparatus claim 17 corresponds to apparatus claim 2 and is rejected for the same reasons of obviousness as used in claim 2 rejection above.
Regarding claim 18
The processor of claim 16, wherein the UL configuration comprises a physical UL control channel (PUCCH) configuration, a physical UL shared channel (PUSCH) configuration, or a combination thereof.
The scope and subject matter of apparatus claim 18 are similar to the scope and subject matter as claimed in apparatus claim 3. Therefore apparatus claim 18 corresponds to apparatus claim 3 and is rejected for the same reasons of obviousness as used in claim 3 rejection above.
Regarding claim 19
The processor of claim 16, wherein the transmission in the first set of symbols of the first slot is within the first UL subband.
The scope and subject matter of apparatus claim 19 are similar to the scope and subject matter as claimed in apparatus claim 4. Therefore apparatus claim 19 corresponds to apparatus claim 4 and is rejected for the same reasons of obviousness as used in claim 4 rejection above.
Claims 5, 14, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim, in view of Park, and further in view of Takeda et al. US Pub 2020/021306 (hereinafter “Takeda”) and of Li et al. US Pub 2021/0377926 (hereinafter “Li”).
Regarding claim 5
Kim, as modified by Park, previously discloses the UE of claim 1, wherein the at least one processor further is configured to cause the UE to:
Kim and Park do not specifically teach determine that at least one transmission occasion in the first UL subband overlaps in time with at least one reception occasion in the first DL subband.
In an analogous art, Takeda discloses determine that at least one transmission occasion in the first UL subband overlaps in time with at least one reception occasion in the first DL subband (“The BWP used for DL communication may be referred to as a DL BWP, and the BWP used for UL communication may be referred to as a UL BWP. The UE may assume that at least one DL BWP and one UL BWP among configured BWPs are active (available) during a certain time. Furthermore, frequency bands of the DL BWP and the UL BWP may overlap each other.” [0023]; [0070]).
Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Kim’s method of transmitting and receiving a signal in a wireless communication system, as modified by Park, to include Takeda’s method for transmission and/or reception in certain BWPs, in order to determine appropriate CORESET (Takeda [Abstract]).
Kim , Park, and Takeda do not specifically teach select at least one transmission or reception of a higher priority index from the at least one transmission occasion and the at least one reception occasion; select at least one dynamically scheduled transmission or reception from the at least one transmission or reception of the higher priority index; and perform a transmission or reception of the at least one dynamically scheduled transmission or reception.
In an analogous art, Li discloses select at least one transmission or reception of a higher priority index from the at least one transmission occasion and the at least one reception occasion (i.e. “scheduling occasions”); select at least one dynamically scheduled transmission or reception from the at least one transmission or reception of the higher priority index; and perform a transmission or reception of the at least one dynamically scheduled transmission or reception (“At 720, the UE 115-c may determine, for the slot of the plurality of slots, one or more semi-persistent scheduling occasions for receipt of at least one downlink shared channel transmission based at least in part on the slot format of the slot and the at least one semi-persistent scheduling configuration. At 725, the base station 105-c may determine, for the slot of the plurality of slots, one or more semi-persistent scheduling occasions for transmission of at least one downlink shared channel transmission based at least in part on the slot format of the slot and the at least one semi-persistent scheduling configuration. The occasions may be determined based on whether the SPS configurations match the slot format, whether the configurations indicate a downlink bandwidth or bandwidth part index, highest priorities or lowest index, whether the occasions are overlapping with uplink resources, uplink transmissions, etc.” [0216]).
Before the effective filling date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify Kim’s method of transmitting and receiving a signal in a wireless communication system, as modified by Park and Takeda, to include Li’s method for identifying a subband full-duplex slot format, in order to determine scheduling occasions (Li [Abstract]). Thus, a person of ordinary skill would have appreciated the ability to incorporate Li’s method for identifying a subband full-duplex slot format into Kim’s method of transmitting and receiving a signal in a wireless communication system since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Regarding claim 14
The base station of claim 10, wherein the at least one processor is configured to cause the base station to:
determine that at least one reception occasion for a user equipment (UE) in the first UL subband overlaps in time with at least one transmission occasion for the UE in the first DL subband;
select at least one reception or transmission of a higher priority index from the at least one reception occasion and the at least one transmission occasion for the UE;
select at least one dynamically scheduled reception or transmission from the at least one reception or transmission of the higher priority index; and
perform a reception or transmission of the at least one dynamically scheduled reception or transmission for the UE.
The scope and subject matter of apparatus claim 14 are similar to the scope and subject matter as claimed in apparatus claim 5. Therefore apparatus claim 14 corresponds to apparatus claim 5 and is rejected for the same reasons of obviousness as used in claim 5 rejection above.
Regarding claim 20
The processor of claim 16, wherein the at least one controller is configured to cause the processor to:
determine that at least one transmission occasion in the first UL subband overlaps in time with at least one reception occasion in the first DL subband;
select at least one transmission or reception of a higher priority index from the at least one transmission occasion and the at least one reception occasion;
select at least one dynamically scheduled transmission or reception from the at least one transmission or reception of the higher priority index; and
perform a transmission or reception of the at least one dynamically scheduled transmission or reception.
The scope and subject matter of apparatus claim 20 are similar to the scope and subject matter as claimed in apparatus claim 5. Therefore apparatus claim 20 corresponds to apparatus claim 5 and is rejected for the same reasons of obviousness as used in claim 5 rejection above.
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 CHUONG M NGUYEN whose telephone number is (571)272-8184. The examiner can normally be reached M-F 10:00am - 6:30pm.
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/CHUONG M NGUYEN/Primary Examiner, Art Unit 2411
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