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 .
This is responsible to application 18/779,526 filed 07/22/2023 in which claims 1-8 and 21-24 are presented for examination.
Allowable Subject Matter
Claims 2, 5 and 8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-6, 8, 21-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2-4, 6-8 and 14 of U.S. Patent No. 12,075,260 B2 in view of Olesen et al (US 2019/0013881 A1). Although the claims at issue are not identical, they are not patentably distinct from each other. See table below.
Current Application 18/779,526
Patent 12,075,260 B2
1. (Currently Amended) A first network node configured to communicate with a wireless device, the first network node comprising processing circuitry, the processing circuitry configured to cause the first network node to:
configure at least one reference signal to be transmitted by the first network node using a first radio access technology, the at least one reference signal including a channel state information reference signal (CSI-RS); and
transmit the at least one reference signal overlapping in time with a Multimedia Broadcast Multicast Service Single Frequency Network (MBSFN) subframe transmitted by a second network node using a second radio access technology
1. A network node configured to communicate with a wireless device, the network node comprising processing circuitry, the processing circuitry configured to cause the network node to:
configure at least one reference signal of a first radio access technology to overlap in time with a Multimedia Broadcast Multicast Service Single Frequency Network, MBSFN, subframe of a second radio access technology, the at least one reference signal of the first radio access technology including a synchronization signal block, SSB, and a channel state information reference signal, CSI-RS.
2. The first network node of Claim 1, wherein the at least one reference signal further comprises a synchronization signal block (SSB)
Claim 1
3. The first network node of Claim 1, wherein the processing circuitry is further configured to cause the first network node to: transmit the at least one reference signal on at least one radio resource according to the overlap in time; and received feedback based on measurements of the at least reference signal on the at least one radio resource
Claim 2
4. The first network node of Claim 1, wherein the at least one reference signal of the first radio access technology further includes a tracking reference signal (TRS).
Claim 3
5. The first network node of Claim 1, wherein the first radio access technology is Third Generation Partnership Project, (3GPP) New Radio, NR, (NR) and the second radio access technology is 3GPP Long Term Evolution, (LTE).
Claim 4
6. The first network node of Claim 1, wherein the processing circuitry is further configured to cause the first network node to configure the at least one reference signal of the first radio access technology to overlap in time with the MBSFN subframe of the second radio access technology by being configured to cause the processing circuitry to cause the first network node to: configure the at least one reference signal of the first radio access technology in at least one time resource slot defined by the first radio access technology to overlap with at least one subframe defined by the second radio access technology.
Claim 6
8. The first network node of Claim 2, wherein the processing circuitry is further configured to cause the first network node to: configure a synchronization signal block (SSB) of the first radio access technology to overlap in time with the MBSFN subframe of the second radio access technology; and transmit the SSB on at least one radio resource according to the configured overlap in time
Claim 7
21. The first network node of Claim 1, wherein the configuration of the at least one reference signal to be transmitted by the first network node using the first radio access technology, the at least one reference signal including the CSI-RS, and transmit the at least one reference signal overlapping in time with the MBSFN subframe transmitted by the second network node on the same carrier as the at least one reference signal using the second radio access technology, is further configured to cause the first network node to: avoid a collision of the at least one reference signal of the first radio access technology with at least one of: a cell-specific reference signal (CRS) of the second radio access technology; and signaling on one of a first and a first two orthogonal frequency division multiplexing (OFDM) symbols of the MBSFN subframe of the second radio access technology.
Claim 8
22. (New) A method for communicating with a wireless device, the method comprising: configuring, by a first network node, at least one reference signal to be transmitted by the first network node using a first radio access technology, the at least one reference signal of the first radio access technology including a channel state information reference signal (CSI-RS); and transmitting, by the first network node, the at least one reference signal overlapping in time with a Multimedia Broadcast Multicast Service Single Frequency Network (MBSFN) subframe transmitted by a second network node using a second radio access technology on a same carrier as the at least one reference signal using a second radio access technology.
Claim 14
23. (New) A wireless telecommunication system, comprising: a first network node configured to operate according to a first radio access technology, the first network node comprising first processing circuitry; and a second network node configured to operate according to a second radio access technology, the second network node comprising second processing circuitry operable to cause the second network node to: configure a Multimedia Broadcast Multicast Service Single Frequency Network (MBSFN) subframe for transmission on a first carrier; and transmit the MBSFN subframe on the first carrier using the second radio access technology; and wherein the first processing circuitry is operable to cause the first network node to: configure at least one reference signal for transmission on the first carrier, the at least one reference signal including a channel state information reference signal (CSI-RS); and transmit the at least one reference signal on the first carrier using the first radio access technology and overlapping in time with the MBSFN subframe transmitted by the second network node.
Claim 1
24. (New) A method for communicating with a wireless device in a telecommunication system, the method comprising: configuring at least one reference signal for transmission by a first network node on a first carrier, the at least one reference signal including a channel state information reference signal (CSI-RS); and configuring a Multimedia Broadcast Multicast Service Single Frequency Network (MBSFN) subframe for transmission by a second network node on the first carrier; transmitting, by the second network node, the MBSFN subframe on the first carrier using the second radio access technology; and transmitting, by the first network node, the at least one reference signal on the first carrier using the first radio access technology and overlapping in time with the MBSFN subframe transmitted by the second network node.
Claim 1
Patent 12,075,260 B2 does not explicitly disclose on a same carrier as the at least one reference signal.
Olesen teaches on a same carrier as the at least one reference signal (Olesen: [0081], [0128], [0142]-[0143]).
It would have been obvious to a person having an ordinary skill in the art before the effective filling date of th claimed invention to modify the system of Patent 12,075,260 B2 wherein the two RATs are on a same carrier as the at least one reference signal as disclosed by Olesen to provide a system for handling interference in multi-RAT system (Olesen: Abstract).
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, 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, 3 , 6, 7 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Nagata et al (US 2015/0256307 A1) in view of Olesen et al (US 2019/0013881 A1).
Regarding claim 1, Nagata teaches a first network node (Nagata: Fig. 15C; Fig. 19B TP2) configured to communicate with a wireless device, the first network node comprising processing circuitry, the processing circuitry configured to cause the first network node to:
configure at least one reference signal to be transmitted by the first network node, the at least one reference signal including a channel state information reference signal (CSI-RS) (Nagata: Fig. 19B; [0125] TP2/first network node using normal subframe to transmit CSI-RS); and
transmit the at least one reference signal overlapping in time with a Multimedia Broadcast Multicast Service Single Frequency Network (MBSFN) subframe transmitted by a second network node (Nagata: Fig. 19B; [0125], TP0/second network node using MBSFN subframe), a on a same carrier as the at least one reference signal (Nagata: Fig. 19B; [0125], [0148] normal subframe CSI-RS overlaps with MBSFN subframe).
Nagata does not explicitly disclose the first network node using a first radio access technology and the second network node using a second radio access technology.
Olesen teaches two transmission points such that the transmission point/first network node using a first radio access technology and the second transmission point/ second network node using a second radio access technology (Olesen: Fig. 2, [0103]-[0105]).
It would have been obvious to a person having an ordinary skill in the art before the effective filling date of th claimed invention to modify the system of Nagata wherein the first network node using a first radio access technology and the second network node using a second radio access technology as disclosed by Olesen to provide a system for handling interference in multi-RAT system (Olesen: Abstract).
Regarding claim 22, Nagata teaches a method for communicating with a wireless device, the method comprising:
configuring, by a first network node, at least one reference signal to be transmitted by the first network node, the at least one reference signal of the first radio access technology including a channel state information reference signal (CSI-RS) (Nagata: Fig. 19B; [0125] TP2/first network node using normal subframe to transmit CSI-RS); and
transmitting, by the first network node, the at least one reference signal overlapping in time with a Multimedia Broadcast Multicast Service Single Frequency Network (MBSFN) subframe transmitted by a second network node (Nagata: Fig. 19B; [0125], TP0/second network node using MBSFN subframe), a on a same carrier as the at least one reference signal (Nagata: Fig. 19B; [0125], [0148] normal subframe CSI-RS overlaps with MBSFN subframe).
Nagata does not explicitly disclose the first network node using a first radio access technology and the second network node using a second radio access technology.
Olesen teaches two transmission points such that the transmission point/first network node using a first radio access technology and the second transmission point/ second network node using a second radio access technology (Olesen: Fig. 2, [0103]-[0105]).
It would have been obvious to a person having an ordinary skill in the art before the effective filling date of th claimed invention to modify the system of Nagata wherein the first network node using a first radio access technology and the second network node using a second radio access technology as disclosed by Olesen to provide a system for handling interference in multi-RAT system (Olesen: Abstract).
Regarding claim 23, Nagata teaches a wireless telecommunication system, comprising: a first network node c, the first network node comprising first processing circuitry; and a second network node (Nagata: Fig. 15C and 19B, TP2/first network node and TP0/second network node), the second network node comprising second processing circuitry operable to cause the second network node to:
configure a Multimedia Broadcast Multicast Service Single Frequency Network (MBSFN) subframe for transmission on a first carrier and transmit the MBSFN subframe on the first carrier (Nagata: Fig. 19B; [0125] TP0/second network node using MBSFN subframe); and
wherein the first processing circuitry is operable to cause the first network node to: configure at least one reference signal for transmission on the first carrier, the at least one reference signal including a channel state information reference signal (CSI-RS); and transmit the at least one reference signal on the first carrier (Nagata: Fig. 19B; [0125] TP2/first network node using normal subframe to transmit CSI-RS) and overlapping in time with the MBSFN subframe transmitted by the second network node (Nagata: Fig. 19B; [0125], [0148] normal subframe CSI-RS overlaps with MBSFN subframe).
Nagata does not explicitly disclose the first network node using a first radio access technology and the second network node using a second radio access technology.
Olesen teaches two transmission points such that the transmission point/first network node using a first radio access technology and the second transmission point/ second network node using a second radio access technology (Olesen: Fig. 2, [0103]-[0105]).
It would have been obvious to a person having an ordinary skill in the art before the effective filling date of th claimed invention to modify the system of Nagata wherein the first network node using a first radio access technology and the second network node using a second radio access technology as disclosed by Olesen to provide a system for handling interference in multi-RAT system (Olesen: Abstract).
Regarding claim 24, Nagata teaches a method for communicating with a wireless device in a telecommunication system, the method comprising:
configuring at least one reference signal for transmission by a first network node on a first carrier, the at least one reference signal including a channel state information reference signal (CSI-RS) (Nagata: Fig. 19B; [0125] TP2/first network node using normal subframe to transmit CSI-RS); and
configuring a Multimedia Broadcast Multicast Service Single Frequency Network (MBSFN) subframe for transmission by a second network node on the first carrier (Nagata: Fig. 19B; [0125] TP0/second network node using MBSFN subframe);
transmitting, by the second network node, the MBSFN subframe on the first carrier; and transmitting, by the first network node, the at least one reference signal on the first carrier and overlapping in time with the MBSFN subframe transmitted by the second network node (Nagata: Fig. 19B; [0125], [0148] normal subframe CSI-RS overlaps with MBSFN subframe).
Nagata does not explicitly disclose the first network node using a first radio access technology and the second network node using a second radio access technology.
Olesen teaches two transmission points such that the transmission point/first network node using a first radio access technology and the second transmission point/ second network node using a second radio access technology (Olesen: Fig. 2, [0103]-[0105]).
It would have been obvious to a person having an ordinary skill in the art before the effective filling date of th claimed invention to modify the system of Nagata wherein the first network node using a first radio access technology and the second network node using a second radio access technology as disclosed by Olesen to provide a system for handling interference in multi-RAT system (Olesen: Abstract).
Regarding claim 3, Nagata in view of Olesen teaches wherein the processing circuitry is further configured to cause the first network node to:
transmit the at least one reference signal on at least one radio resource according to the overlap in time (Nagata: Fig. 19B; [0125], [0148] normal subframe CSI-RS overlaps with MBSFN subframe); and
received feedback based on measurements of the at least one reference signal on the at least one radio resource (Nagata: Fig. 19B; [0059]-[0062]).
Regarding claim 6, Nagata in view of Olesen teaches wherein the processing circuitry is further configured to cause the first network node to configure the at least one reference signal of the first radio access technology to overlap in time with the MBSFN subframe of the second radio access technology by being configured to cause the processing circuitry to cause the first network node to: configure the at least one reference signal of the first radio access technology in at least one time resource slot defined by the first radio access technology to overlap with at least one subframe defined by the second radio access technology (Nagata: Fig. 19B; [0125], [0148] normal subframe CSI-RS overlaps with MBSFN subframe).
Regarding claim 7, Nagata in view of Olesen teaches wherein the processing circuitry is further configured to cause the first network node to configure the at least one reference signal of the first radio access technology to overlap in time with the MBSFN subframe transmitted by the second network node using the second radio access technology by being configured to cause the processing circuitry to cause the first network node to: configure the at least one reference signal of the first radio access technology in one of one slot and at least two slots defined by the first radio access technology to overlap with one subframe defined by the second radio access technology, the one of the one slot and the at least two slots being based at least in part on s subcarrier spacing that is used for the first radio access technology (Nagata: Fig. 19B; [0125], [0148] normal subframe CSI-RS overlaps with MBSFN subframe; Olesen: [0140], subcarrier spacing of the first RAT).
Regarding claim 21, Nagata teaches wherein the configuration of the at least one reference signal to be transmitted by the first network node using the first radio access technology, the at least one reference signal including the CSI-RS, and transmit the at least one reference signal overlapping in time with the MBSFN subframe transmitted by the second network node on the same carrier as the at least one reference signal using the second radio access technology, is further configured to cause the first network node to: avoid a collision of the at least one reference signal of the first radio access technology with at least one of: a cell-specific reference signal (CRS) of the second radio access technology; and signaling on one of a first and a first two orthogonal frequency division multiplexing (OFDM) symbols of the MBSFN subframe of the second radio access technology (Nagata: [0063]).
Claims 4 are rejected under 35 U.S.C. 103 as being unpatentable over Nagata et al (US 2015/0256307 A1) in view of Olesen et al (US 2019/0013881 A1) in view of Kim et al (US 2015/0036653 A1).
Regarding claim 4, Nagata in view of Olesen does not explicitly disclose wherein the at least one reference signal of the first radio access technology further includes a tracking reference signal; TRS (TRS).
Kim teaches wherein the at least one reference signal of the first radio access technology further includes a tracking reference signal; TRS (TRS) (Kim: [0136], tracking reference signal of a new carrier type NCT overlapping with MBSFN subframe).
It would have been obvious to a person having an ordinary skill in the art before the effective filling date of the claimed invention to modify the system of Nagata in view of Olesen wherein the at least one reference signal of the first radio access technology further includes a tracking reference signal; TRS (TRS) as disclosed by Kim to provide a system for saving energy using NCT (Kim: [0004])
Conclusion
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/KODZOVI ACOLATSE/Primary Examiner, Art Unit 2478
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