DETAILED ACTION
1. Claims 10-12 are presented for examination.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
3. In light of applicant’s amendment(s), Examiner respectfully withdraws the previous objection to the specification.
4. In light of applicant’s amendment(s), Examiner respectfully withdraws the previous claim objections.
Response to Arguments
5. Applicant's arguments filed 7/27/2026 have been fully considered but they are not persuasive. Applicant argues “Cirik et al. fails to teach or suggest that system information could or should have included a first initial DL BWP configuration” (see applicant remarks pgs. 6-12). Examiner respectfully disagrees. As recited in the previous office action, Cirik teaches “A wireless device may receive one or more messages comprising configuration parameters of a cell from a base station at time T0 2414. The configuration parameters may comprise BWP configuration parameters for a plurality of DL BWPs comprising the DL-BWP-12404, the DL-BWP-2 2408, and the DL-BWP-3 2412 and for a plurality of UL BWPs comprising the UL-BWP-1 2402, the UL-BWP-2 2406, and the UL-BWP-3 2410. The configuration parameters may comprise DL-BWP-specific BFR configuration parameters and UL-BWP-specific BFR configuration parameters. The DL-BWP-1 2404 and the UL-BWP-1 2402; the DL-BWP-2 2408 and the UL-BWP-2 2406; and the DL-BWP-3 2412 and the UL-BWP-3 2410 are linked/paired” (see at least ¶ [0299]). Therefore, Cirik does read upon Applicant’s claimed feature. Further applicant argues, “Moreover, Fig. 20 of Cirik et al. fails to teach or suggest any relationship between BWP switching and physical random access channel (PRACH) occasions, such that Cirik et al. is silent regarding any case where PRACH occasions are not configured for an active UL BWP, further in contrast to Applicant’s claimed invention” (see applicant remarks pgs. 6-12). Examiner respectfully disagrees. As recited in the previous office action, Fig. 20 discusses bandwidth switching. Examiner maintains the rejection.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claim(s) 10-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2020/0045745 A1 by Cirik et al. (hereafter referred to as Cirik).
Regarding Claim 10, Cirik teaches A user equipment (UE) (see at least Fig. 3 (110); wireless device), comprising:
reception circuitry configured to receive, from a base station, system information including a first initial downlink (DL) bandwidth part (BWP) configuration for a primary cell (PCell), the first initial DL BWP configuration providing a first initial DL BWP (see at least ¶ [0299]; “A wireless device may receive one or more messages comprising configuration parameters of a cell from a base station at time T0 2414. The configuration parameters may comprise BWP configuration parameters for a plurality of DL BWPs comprising the DL-BWP-12404, the DL-BWP-2 2408, and the DL-BWP-3 2412 and for a plurality of UL BWPs comprising the UL-BWP-1 2402, the UL-BWP-2 2406, and the UL-BWP-3 2410. The configuration parameters may comprise DL-BWP-specific BFR configuration parameters and UL-BWP-specific BFR configuration parameters. The DL-BWP-1 2404 and the UL-BWP-1 2402; the DL-BWP-2 2408 and the UL-BWP-2 2406; and the DL-BWP-3 2412 and the UL-BWP-3 2410 are linked/paired.”);
transmission circuitry configured to initiate a random access procedure on an active uplink (UL) BWP in the PCell (see at least Fig. 22 (2204, 2206) and ¶ [0266]; “At step 2204, the wireless device may activate a first uplink BWP and a first downlink BWP. At step 2206, the wireless device may initiate a random access procedure via the first uplink BWP.”); and
control circuitry configured to, in a case physical random access channel (PRACH) occasions are not configured for the active UL BWP, switch the active UL BWP to an initial UL BWP, and switch an active DL BWP to an initial DL BWP based on whether the system information further includes a second DL BWP configuration for the PCell, the second DL BWP configuration providing a second initial DL BWP, wherein in a case that the system information further includes the second DL BWP configuration, the control circuitry is further configured to switch the active DL BWP to the second initial DL BWP, and in a case that the system information does not include the second DL BWP configuration, the control circuitry is further configured to switch the active DL BWP to the first initial DL BWP (see at least Fig. 20; BWP switching).
Regarding Claim 11, Cirik teaches A base station (see at least Fig. 3 (120A, 120B); Base Station), comprising:
transmission circuitry configured to transmit, to a user equipment (UE), system information including a first initial downlink (DL) BWP configuration for a PCell, the first initial DL BWP configuration providing a first initial DL BWP (see at least ¶ [0299]; “A wireless device may receive one or more messages comprising configuration parameters of a cell from a base station at time T0 2414. The configuration parameters may comprise BWP configuration parameters for a plurality of DL BWPs comprising the DL-BWP-12404, the DL-BWP-2 2408, and the DL-BWP-3 2412 and for a plurality of UL BWPs comprising the UL-BWP-1 2402, the UL-BWP-2 2406, and the UL-BWP-3 2410. The configuration parameters may comprise DL-BWP-specific BFR configuration parameters and UL-BWP-specific BFR configuration parameters. The DL-BWP-1 2404 and the UL-BWP-1 2402; the DL-BWP-2 2408 and the UL-BWP-2 2406; and the DL-BWP-3 2412 and the UL-BWP-3 2410 are linked/paired.”); and
control circuitry configured to, in a case that the UE initiates a random access procedure on an active UL BWP in the PCell and PRACH occasions are not configured for the active UL BWP, determine that the UE switches the active UL BWP to an initial UL BWP, and switches an active DL BWP to an initial DL BWP based on whether the system information includes a second DL BWP configuration for the PCell, the second DL BWP configuration providing a second initial DL BWP, wherein in a case that the system information includes the second DL BWP configuration, the control circuitry is further configured to determine that the UE switches the active DL BWP to the second initial DL BWP, and in a case that the system information does not include the second DL BWP configuration, the control circuitry is further configured to determine the UE switches the active DL BWP to the first initial DL BWP (see at least Fig. 20; BWP switching).
As to claim 12, see rejection of claim 10, except this is a claim to a method with the same limitations as claim 10.
Examiner’s Note
9. The referenced citations made in the rejection(s) above are intended to exemplify areas in the prior art document(s) in which the examiner believed are the most relevant to the claimed subject matter. However, it is incumbent upon the applicant to analyze the prior art document(s) in its/their entirety since other areas of the document(s) may be relied upon at a later time to substantiate examiner’s rationale of record. A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert. denied, 469 U.S. 851 (1984). However, “the prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004).
Conclusion
10. 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.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATASHA W COSME whose telephone number is (571)270-7225. The examiner can normally be reached M-F 7:30-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman Abaza can be reached at 571-270-0422. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATASHA W COSME/Primary Examiner, Art Unit 2465
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