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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 19-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Regarding claim 19, it is unclear as to whether “a UL band selected”, at line 12, is the UL band selected from “the two or more candidates UL bands during a measurement gap” or not. In other words, it appears that there is no correlation between a measurement configuration associated with the two or more candidate UL bands during a measurement gap and a UL band selected from among the two or more candidate UL bands for communication. The same remark applies to claim 32.
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)(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.
Claims 33 and 37 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Harada et al. (US 2020/0037303), hereinafter Harada.
Regarding claim 33, Harada teaches: (1) as shown in FIG. 2, SS (Synchronization Signal), PBCH and so on for gaining initial access are transmitted from the network, in a wide band that is 800 MHz wide, for example. A user terminal receives these signals and gains access to the network based on the information received thus. After access is gained, the network configures any one of 100 MHz (first predefined operating band), 200 MHz and 400 MHz, within 800 MHz, as a DL band candidate, see 0044 (equivalent to receiving, from the RAN using a first predefined operating band for downlink, DL, communications to user devices including the user device); (2) After access is gained, the network configures any one of 100 MHz (first predefined operating band), 200 MHz and 400 MHz, within 800 MHz, as a DL band candidate, and/or a UL band candidate, depending on the UE's capabilities, see 0044. Thus, a candidate bands, e.g. within 800 MHZ (second predefined operating band), includes two or more candidate uplink bands (equivalent to a candidate-bands indication of two or more candidate uplink, UL, bands, each of the two or more candidate UL bands pertaining to a second predefined operating band different from the first predefined operating band); (3) a UL band candidate is a band that includes a candidate for allocating uplink (UL) signals to, see 0042. In other words, the UE can transmit to the network an indication of UL band among the bands within 800 MHZ (equivalent to transmitting, to the RAN, an indication of a UL band selected from among the two or more candidate UL bands for UL communications). Further, the UE, e.g. UE 20-fig.12, can bi-directly communicate with the BS 11-fig.12, using the UL band selected for the UL communications from the user device to the BS, and using a DL band within the 100 MHZ, the first predefined operating band, from the BS to the user (communicating bi-directionally with the RAN using the UL band selected for the UL communications from the user device to the RAN, and using a DL band within the first predefined operating band for DL communications from the RAN to the user device).
Regarding claim 37, this claim has similar limitations as those of claim 33. Therefore, it is rejected under Harada for the same reasons as set forth in the rejection of claim 33.
Allowable subject matter
Claims 20-31 are rejected based on its dependency, would be allowable if claim 19 rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 32 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claim 34-36 are rejected based on its dependency, would be allowable if rewritten or amended to include all of the limitations of the base claim and any intervening claims.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takeda et al. (US 2020/0295913 A1); Shimoda (US 2023/0254185 A1) are cited, and considered pertinent to the instant specification.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUC C HO whose telephone number is (571)272-3147. The examiner can normally be reached on M-F 8am-4pm.
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, Gary Mui can be reached on 571-270-1420 (Gary.mui@uspto.gov). The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUC C HO/Primary Examiner, Art Unit 2465
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