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 7/17/2024 is being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, because the claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, but fails to recite a combination of elements as required by that statutory provision and thus cannot rely on the specification to provide the structure, material or acts to support the claimed function. As such, the claim recites a function that has no limits and covers every conceivable means for achieving the stated function, while the specification discloses at most only those means known to the inventor. Accordingly, the disclosure is not commensurate with the scope of the claim.
A single means, “a transmission unit” as in claim 10, which covered every conceivable means for achieving the stated purpose is non-enabling for the scope of the claim because the specification disclose at most only those means known to the inventor. The claim 10 fails to recited a combination of elements.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 7-11 is/are rejected under 35 U.S.C. 102(A1) as being anticipated by Urabayashi et al. (Pub. No. 20170289937).
- With respect to claims 7, 9, Urabayashi teaches a terminal that performs communication in a licensed band and an unlicensed band in a frequency band, the terminal comprising: a reception unit configured to receive configuration information related to a channel access procedure in the frequency band (e.g. claim 5, discloses “a detection operation of a synchronization signal on all or part of the carrier, based on an instruction for the detection operation of the synchronization signal used for synchronization with the second cell, which is transmitted by at least one carrier among the unlicensed band”); and a control unit configured to configure carrier sensing in the channel access procedure only in the unlicensed band in the frequency band, based on the configuration information (see claim 6 discloses “a carrier sense controller configured to perform carrier sensing on the carrier specified by the instruction, based on a carrier sense instruction performed by the base station through the first cell”).
- With Respect to claim 8, Urabayashi teaches wherein the reception unit receives information related to a measurement time of the carrier sensing, the information being indicated only in the unlicensed band (see par. 118 discloses measurement period by carrier sensing).
- With respect to claims 10-11, Urabayashi teaches a communication system comprising: a terminal that performs communication in a licensed band and an unlicensed band in a frequency band; and a base station that performs communication in a licensed band and an unlicensed band in the frequency band, wherein the base station includes: a transmission unit configured to transmit configuration information related to a channel access procedure and information indicating a measurement time of carrier sensing in the channel access procedure of the unlicensed band (see claim 1 discloses “a transmitter configured to transmit a synchronization signal used for synchronization between the second cell and the user terminal, by at least one carrier selected from the unlicensed band based on a result of carrier sensing in the second cell” and par. 118), wherein the transmission unit transmit the information only in the unlicensed band, and the terminal includes: a reception unit configured to receive configuration information related to a channel access procedure in the frequency band (see claim 5 discloses “a detection operation of a synchronization signal on all or part of the carrier, based on an instruction for the detection operation of the synchronization signal used for synchronization with the second cell, which is transmitted by at least one carrier among the unlicensed band”); and a control unit configured to configure carrier sensing in the channel access procedure only in the unlicensed band in the frequency band, based on the configuration information see claim 6 discloses “a carrier sense controller configured to perform carrier sensing on the carrier specified by the instruction, based on a carrier sense instruction performed by the base station through the first cell”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
. Examiner's Note: Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUC H TRAN whose telephone number is (571)272-3172. The examiner can normally be reached M-F 8-5 Flex.
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, Sujoy K. Kundu can be reached at 571-272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUC H TRAN/Primary Examiner, Art Unit 2471
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