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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/16/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claims 1 and 6 are objected to because of the following informalities:
In claim 1 lines 4, the occurrence of “the carriers” should be amended to --- “each of the carriers”---
In claim 6 lines 5, the occurrence of “the carriers” should be amended to --- “each of the carriers”---
Appropriate correction is required.
35 USC § 112 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 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 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 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 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 35 U.S.C. 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 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
The limitation of claim 1 that recite(s) “a control unit …., a reception unit ….,” is being treated in accordance with 112 (f) because the function of unit is modified by the term “configured to” which is a word that serves as a generic placeholder for structure that performs the recited function (i.e., the claim uses a term that is a substitute for “configured to”).
Claim limitation “unit” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a non-structural term “unit” coupled with functional language “configured to” without reciting sufficient structure to achieve the function. Furthermore, the non-structural term is not preceded by a structural modifier.
Since the claim limitation invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 2-5 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: Page 17 [0113] lines 1-16 of the specification discloses “Further, the processor 1001 reads out onto the storage device 1002 a program (program code), a software module, or data from the auxiliary storage device 1003 and/or the communication device 1004, and performs various processes
according to the program, the software module, or the data. As the program, a
program is used that causes the computer to perform at least a part of operations
according to an embodiment of the present invention described above. For example,
the control unit 140 of the base station 10 illustrated in Fig. 9 may be realized by
control programs that are stored in the storage device 1002 and are executed by the
processor 1001. Further, for example, the control unit 240 of the terminal 20
illustrated in Fig. 10 may be realized by control programs that are stored in the
storage device 1002 and are executed by the processor 1001. The various processes have been described to be performed by a single processor 1001. However, the
processes may be performed by two or more processors 1001 simultaneously or
sequentially. The processor 1001 may be implemented by one or more chips. It should
be noted that the program may be transmitted from a network via a telecommunication line” and page 18 [0119] lines 1-6 of the specification discloses “Further, each of the base station 10 and terminal 20 may include hardware such as a microprocessor, a digital signal processor (DSP), an ASIC (Application Specific Integrated Circuit), a PLD (Programmable Logic Device), a FPGA (Field Programmable Gate Array), etc., and a part or all of each functional block may be realized by the hardware. For example, the processor 1001 may be implemented by at least one of the above hardware elements” corresponding to a control unit 240 and a reception unit 220 of Fig.10.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Nam et al. [hereinafter as Nam] US 2020/0029317 A1 in view of Park et al. [hereinafter as Park] US 2021/0377914 A1.
Regarding claim 1, Nam discloses wherein a terminal (Fig.1&8 [0072], UE 120/a terminal) comprising:
a control unit configured to determine whether a field included in control information for performing multi-carrier scheduling is configured for each of carriers to be scheduled or is configured in common for the carriers to be scheduled, based on a condition (Fig.1&8-9 [0073]-[0074][0078], a controller/processor 480/control unit of the UE terminal is configured to process/determine whether one or more fields included in the DCI i.e., control information for multi-carrier scheduling is configured for each of carriers in multiple cells to be scheduled/allocation based on a condition e.g., subcarrier spacing of 12 subcarriers to be scheduled for the resource allocation); and
a reception unit configured to receive the control information from a base station (Fig.4 [0055], a reception unit of the UE terminal is configured to receive the physical uplink control channel (PUCCH)/ control information and data source 462 from the network side device base station), wherein
the reception unit receives each of the carriers to be scheduled by the control information, based on the determination (Fig.10 [0078]-[0079], the reception unit of the UE terminal receives one of corresponding multiple carriers i.e., each of the carriers to be allocated/scheduled by the DCI control information based on the process configuration/determination and Fig.6 [0068], the reception unit of the UE terminal is receiving each of the carrier of multiple component carriers (CCs) to be scheduled by the DCI downlink control information based on the determination).
Even though Nam discloses a reception unit configured to receive the control information from a base station, in the same field of endeavor, Park teaches wherein a reception unit configured to receive the control information from a base station (Fig.1&7 [0145]-[0146], a receiver 710/reception unit is configured to receive information such as packets, user data, or control information from the TRP base station and Fig.1&5 [0060][0137], multi-carrier scheduling/triggering is being used, UE 115-c is receiving, from base station 105-c via a first carrier, a downlink control message that schedules a downlink signal for the UE via a second carrier).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention was made to provide to have modified Nam to incorporate the teaching of Park in order to provide for saving power, increasing battery life and improving quality of service. It would have been beneficial to use a receiver 710/reception unit which is configured to receive information such as packets, user data, or control information from the TRP base station and multi-carrier scheduling/triggering is being used, UE 115-c is receiving, from base station 105-c via a first carrier, a downlink control message that schedules a downlink signal for the UE via a second carrier as taught by Park to have incorporated in the system of Nam to provide for improving a system throughput. (Park, Fig.1&5 [0060][0137], Fig.1 [0105] and Fig.1&7 [0145]-[0146])
Regarding claim 2, Nam and Park disclose all the elements of claim 1 as stated above wherein Nam further discloses the condition is a condition related to at least one of: the carriers to be scheduled being intra-band; the carriers to be scheduled being inter-band; a frequency range of the carriers to be scheduled; a number of the carriers to be scheduled; or a subcarrier spacing of the carriers to be scheduled (Fig.1-2 [0039], a subcarrier spacing of the carriers to be scheduled, Fig.5&6 [0061]-[0062]).
Additionally, Park discloses the condition is a condition related to at least one of: the carriers to be scheduled being intra-band; the carriers to be scheduled being inter-band; a frequency range of the carriers to be scheduled; a number of the carriers to be scheduled; or a subcarrier spacing of the carriers to be scheduled (Fig.1-2 [0052][0076], a different/multiple subcarrier spacing (SCS) of the carriers to be scheduled, Fig.1-2 [0077]-[0079]).
Regarding claim 3, Nam and Park disclose all the elements of claim 2 as stated above wherein Nam further discloses the condition is whether the carriers to be scheduled have a single subcarrier spacing or the carriers to be scheduled have a plurality of subcarrier spacings (Fig.1-2 [0039], the condition is whether the carriers to be scheduled have a single-carrier frequency division multiplexing (SC-FDM)/single subcarrier spacing or the carriers to be scheduled have a plurality of subcarrier spacings, Fig.5&6 [0061]-[0062]).
Additionally, Park discloses the condition is whether the carriers to be scheduled have a single subcarrier spacing or the carriers to be scheduled have a plurality of subcarrier spacings (Fig.1-2 [0052][0076], the condition is whether the carriers to be scheduled have a single subcarrier spacing or the carriers to be scheduled have a plurality of subcarrier spacings/a different subcarrier spacing (SCS), Fig.1-2 [0077]-[0079]).
Regarding claim 4, Nam and Park disclose all the elements of claim 2 as stated above wherein Park further discloses the condition is whether or not the carriers to be scheduled include a specific carrier spacing (Fig.1-2 [0052][0076], the condition is whether or not the carriers to be scheduled have a specific carrier spacing (∆f), Fig.1-2 [0077]-[0079]).
Regarding claim 5, Nam and Park disclose all the elements of claim 2 as stated above wherein Nam further discloses the condition is whether the carriers to be scheduled include only licensed carriers or include an unlicensed carrier (Fig.6 [0065], the carriers to be scheduled include a licensed spectrum carriers or include an unlicensed spectrum/carrier spectrum bands).
Additionally, Park discloses the condition is whether the carriers to be scheduled include only licensed carriers or include an unlicensed carrier (Fig.1-2 [0083][0096], the condition is whether the carriers to be scheduled include only licensed band (e.g., LAA) carriers or include an unlicensed radio frequency/carrier spectrum bands).
Regarding claim 6, Nam discloses wherein a communication method performed by a terminal (Fig.1&8 [0072], a communication method performed by UE 120/a terminal), the communication method comprising:
determining whether a field included in control information for performing multi-carrier scheduling is configured for each of carriers to be scheduled or is configured in common for the carriers to be scheduled, based on a condition (Fig.1&8-9 [0073]-[0074][0078], a controller/processor 480/control unit of the UE terminal is configured to process/ determine whether one or more fields included in the DCI i.e., control information for multi-carrier scheduling is configured for each of carriers in multiple cells to be scheduled/allocation based on a condition e.g., subcarrier spacing of 12 subcarriers to be scheduled for the resource allocation);
receiving the control information from a base station (Fig.4 [0055], a reception unit of the UE terminal is configured to receive the physical uplink control channel (PUCCH)/ control information and data source 462 from the network side device base station); and
receiving each of the carriers to be scheduled by the control information, based on the determination (Fig.10 [0078]-[0079], the reception unit of the UE terminal receives one of corresponding multiple carriers i.e., each of the carriers to be allocated/scheduled by the DCI control information based on the process configuration/determination and Fig.6 [0068], the reception unit of the UE terminal is receiving each of the carrier of multiple component carriers (CCs) to be scheduled by the DCI downlink control information based on the determination).
Even though Nam discloses wherein receiving the control information from a base station, in the same field of endeavor, Park teaches wherein receiving the control information from a base station (Fig.1&7 [0145]-[0146], a receiver 710 is receiving information such as packets, user data, or control information from the TRP base station and Fig.1&5 [0060][0137], multi-carrier scheduling/triggering is being used, UE 115-c is receiving, from base station 105-c via a first carrier, a downlink control message that schedules a downlink signal for the UE via a second carrier).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention was made to provide to have modified Nam to incorporate the teaching of Park in order to provide for saving power, increasing battery life and improving quality of service. It would have been beneficial to use a receiver 710 which is receiving information such as packets, user data, or control information from the TRP base station and multi-carrier scheduling/triggering is being used, UE 115-c is receiving, from base station 105-c via a first carrier, a downlink control message that schedules a downlink signal for the UE via a second carrier as taught by Park to have incorporated in the system of Nam to provide for improving a system throughput. (Park, Fig.1&5 [0060][0137], Fig.1 [0105] and Fig.1&7 [0145]-[0146])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang (Pub. No.: US 2023/0134938 A1) teaches Scheduling Mode Determination Method, Terminal and Network Side Device.
Yang et al. (U.S Patent No.: US 12302335 B2) teaches Methods and Apparatuses for Transmitting and Receiving Downlink Control Information and Communication System.
Wu et al. (Pub. No.: US 20210282171 A1) teaches Wireless Communication Method, Terminal Device, and Network Device.
Zhang et al. (U.S Patent No.: US 11737086 B2) teaches Resource Scheduling Indication Method and Apparatus and Communication System.
Li et al. (Pub. No.: US 2013/0215853 A1) teaches Method, User Equipment, Base Station and System for Determining Component Carrier Scheduled in Cross-Carrier Scheduling.
Gowda (U.S Patent No.: US 12273220 B2) teaches Fifth Generation (5G) New Radio Channel Equalization.
Yi et al. (Pub. No.: US 2023/0217456 A1) teaches Multi-Cell Downlink Control Information.
Deenoo et al. (Pub. No.: US 2019/0174554 A1) teaches Distributed Control in Wireless System.
Choi et al. (Pub. No.: US 2023/0155747 A1) teaches Method and Apparatus for Multiple Physical Shared Channel Scheduling in Wireless Communication System.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VANNEILIAN LALCHINTHANG whose telephone number is (571)272-6859. The examiner can normally be reached Monday-Friday 10AM-6PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edan Orgad can be reached at (571) 272-7884. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/V.L/Examiner, Art Unit 2414
/SAUMIT SHAH/Primary Examiner, Art Unit 2414
Prosecution Insights