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 .
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. See claim 40.
Claim Rejections - 35 USC § 102
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.
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.
(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.
Claim(s) 1-5, 7, 9, 11, 21-25, 27-28, 31-35, 37-38, and 40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak et al. (hereinafter referred to as “Kwak”, KR 20230166946 A).
As to claims 1, 21, and 40, Kwak teaches a user equipment (UE) comprising: one or more memories storing processor-executable code; and one or more processors coupled with the one or more memories and individually or collectively operable to execute the code to cause the UE (paragraphs [0022], [0042]-[0044], and [0201]) to: monitor, according to a searching procedure, for at least one of a first frequency modulated continuous wave (FMCW (or chirp signal(s))) of a plurality of FMCWs, or a first synchronization signal block (SSB) burst of a plurality of SSB bursts, the monitoring comprising sweeping across a plurality of frequency resources during a first set of time resources according to a duration in time of each FMCW of the plurality of FMCWs and a frequency range associated with each FMCW of the plurality of FMCWs (by cross-correlating (i.e., sweeping across) primary synchronization signal(s) included in the SSB, wherein the PSS signal uses a chirp signal (or FMCW(s)) that has a predetermined period (i.e., time resources according to a duration in time of each FMCW of the plurality of FMCWs) and is a signal that increases or decreases linearly in frequency over time (i.e., a frequency range associated with each FMCW of the plurality of FMCWs)) paragraphs [0017]-[0018], [0022] and [0194]); and receive at least one of the first FMCW or the first SSB burst based at least in part on the monitoring (by performing cross-correlation to obtain PSS and SSS that are included in the SSB transmitted to the UE, paragraphs [0022] and [0194]).
As to claims 2, 22, and 32, Kwak further teaches performing a primary synchronization based at least in part on receiving the first FMCW (paragraphs [0022] and [0194]); receiving the first SSB burst based at least in part on the primary synchronization (by performing cross-correlation to obtain PSS, paragraph [0194]); and performing a secondary synchronization based at least in part on reception of the first SSB burst (by using secondary synchronization signal (SSS) included in SSB, paragraphs [0194] and [0196], claim 10).
As to claims 3, 23, and 33, Kwak further teaches performing an FMCW mixing procedure based at least in part on the monitoring to generate a beat signal (i.e., by performing cross-correlation, paragraph [0194]); and performing one or more Fast Fourier Transforms on the beat signal to identify one or more peak locations in a frequency domain, the one or more peak locations corresponding to the first FMCW (claim 8).
As to claims 4, 24, and 34, Kwak further teaches sweep across the plurality of frequency resources during a second set of time resources according to a slope value (i.e., linear frequency increase or decrease associated with chirp signal(s) or FMCWs over time) that is based at least in part on the duration in time of each FMCW of the plurality of FMCWs and the frequency range associated with each FMCW of the plurality of FMCWs (by cross-correlating (i.e., sweeping across) primary synchronization signal(s) included in the SSB, wherein the PSS signal uses a chirp signal (or FMCW(s)) that has a predetermined period (i.e., time resources according to a duration in time of each FMCW of the plurality of FMCWs) and is a signal that increases or decreases linearly in frequency over time (i.e., a frequency range associated with each FMCW of the plurality of FMCWs)) paragraphs [0017]-[0018], [0022] and [0194]).
As to claims 5, 25, and 35, Kwak further teaches receiving a first instance of the first FMCW during the first set of time resources; and receive a second instance of the first FMCW during the second set of time resources (paragraph [0194]). It is noted that given the claims their broadest reasonable interpretations, the first instance is the same as the second instance and the first set of time resources is the same as the second set of time resources.
As to claims 7, 27, and 37, Kwak further teaches the plurality of FMCWs are transmitted at a first periodicity, and the plurality of SSB bursts are transmitted at a second periodicity (since FMCWs are sinusoidal signals, paragraph [0017]). It is noted that given the claims their broadest reasonable interpretations, the first periodicity is the same as the second periodicity.
As to claims 9, 28, and 38, Kwak further teaches detecting, based at least in part on the monitoring, multiple FMCW beat frequencies (claim 8); and identify a unique pattern (i.e., using the SS sequence) in time and frequency based at least in part on the detection, wherein reception of the first FMCW is based at least in part on the identifying (i.e., time and frequency synchronization based on the cross-correlation results of the broadcasted SSB and the predetermined SS sequence generated at the UE).
As to claim 11, Kwak further teaches the searching procedure comprises a cell search procedure, a beam management procedure, a tracking loop procedure, or any combination thereof (cell search, Fig. 9, paragraphs [0053]-[0057]).
As to claim 31, Kwak teaches a non-transitory computer-readable medium storing code for wireless communications, the code comprising instructions executable by one or more processors (paragraphs [0022], [0042]-[0044], and [0201]) to: monitor, according to a searching procedure, for at least one of a first frequency modulated continuous wave (FMCW (or chirp signal(s))) of a plurality of FMCWs, or a first synchronization signal block (SSB) burst of a plurality of SSB bursts, the monitoring comprising sweeping across a plurality of frequency resources during a first set of time resources according to a duration in time of each FMCW of the plurality of FMCWs and a frequency range associated with each FMCW of the plurality of FMCWs (by cross-correlating (i.e., sweeping across) primary synchronization signal(s) included in the SSB, wherein the PSS signal uses a chirp signal (or FMCW(s)) that has a predetermined period (i.e., time resources according to a duration in time of each FMCW of the plurality of FMCWs) and is a signal that increases or decreases linearly in frequency over time (i.e., a frequency range associated with each FMCW of the plurality of FMCWs)) paragraphs [0017]-[0018], [0022] and [0194]); and receive at least one of the first FMCW or the first SSB burst based at least in part on the monitoring (by performing cross-correlation to obtain PSS and SSS that are included in the SSB transmitted to the UE, paragraphs [0022] and [0194]).
Allowable Subject Matter
Claims 6, 8, 10, 26, 29, 36, and 39 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jeon et al., US 2022/0256519, Figs. 9-13
Akkarakaran et al., US 2018/0287840, Figs. 11-13
Liu et al., US 2024/0298279, abstract, Figs. 13-14 and 22
Cheema et al., US 2023/0388167, abstract, Figs. 2-3 and 13
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRESHTEH N AGHDAM whose telephone number is (571)272-6037. The examiner can normally be reached Monday-Friday 10:30-7:00 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chieh M Fan can be reached at 571-272-3042. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FRESHTEH N AGHDAM/ Primary Examiner, Art Unit 2632 3/3/2026