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 .
TITLE
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. See MPEP 606.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/14/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Instant Application: 18/838,405
Co-Pending Application No. 18/992,136
A method performed by a coverage enhancing device controlling node, for controlling a coverage enhancing device (CED) wherein the method comprises:
transmitting, to the CED, a first configuration message, the first configuration message comprising a frequency offset parameter being indicative of a frequency offset to be applied by the CED to signals retransmitted by the CED.
1. A method performed by a coverage enhancing device (CED) controlling node, for controlling a CED, the method comprising:
transmitting, to the CED, a configuration message, the configuration message
comprising a frequency width parameter, wherein the frequency width parameter is indicative of a frequency width adjustment to be applied by the CED to a signal retransmitted by the CED.
3. The method according to claim 2, wherein the duration is indicated as one or more of a number of symbols and a number of slots.
6. The method according to claim 6, wherein the duration is indicated as one or more of a number of symbols and a number of slots.
3. The method according to claim 2, wherein the duration is indicated as one or more of a number of symbols and a number of slots.
7. The method according to claim 6, wherein the duration is indicated as one or more of a number of symbols and a number of slots.
4. The method according to claim 2, wherein the duration parameter is indicative of a start time at which the frequency offset is to be applied.
8. The method according to claim 6 wherein the duration parameter is indicative of a start time at which the frequency offset is to be applied.
8. The method according to claim 1, wherein the first configuration message comprises a pattern indicator indicating a pattern in which the frequency offset is to be applied.
9. The method according to claim 1, wherein the configuration message comprises a pattern indicator indicating a pattern in which the frequency width adjustment is to be applied.
9. The method according to claim 8, wherein the pattern indicator indicates that the frequency offset is to be applied to uplink and/or downlink signaling.
10. The method according to claim 9, wherein the pattern indicator indicates that the frequency width adjustment is to be applied to uplink and/or downlink signaling.
13. A method, performed by a coverage enhancing device (CED), the method comprising: receiving, from a coverage enhancing device controlling node, a configuration message, wherein the configuration message comprises a frequency offset parameter being indicative of a frequency offset to be applied to a signal received from the coverage enhancing device controlling node, applying the frequency offset to signals received from a transmitter node, and transmitting, to a receiver node, the signals with the applied frequency offset.
13. A method, performed by a coverage enhancing device (CED), the method comprising: receiving, from a CED controlling node, a configuration message, wherein the configuration message comprises a frequency width parameter, the frequency width parameter being indicative of a frequency width adjustment to be applied by the CED to a signal retransmitted by the CED, applying the frequency width adjustment to a signal received from a transmitter node, and transmitting, to a receiver node, the signal with the applied frequency width adjustment.
Claims 1, 3, 4, 8, 9 and 13 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/992,136 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because perform a method by a coverage enhancing device (CED) comprising transmission, to the CED, of a configuration message which comprises a frequency parameter which is indicative of a frequency property to be applied by the CED to signals retransmitted by the CED.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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)(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, 10, 11, 13 and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lei et al. (“Lei”) (EP 2410667).
In regards to claim 1, Lei teaches a method performed by a coverage enhancing device controlling node, for controlling a coverage enhancing device (CED) (See ¶0002-0007 and FIG. 1 wherein the coverage enhancing device may be taught as a relay, repeater or similar device which may relay/adopt/retransmit data such as frequency resources, and the relay may be controlled by, for example, an eNB [evolved node B] and is thus taught as the coverage enhancing device controlling node which transmits data and signaling interaction to the relay[s]), wherein the method comprises:
transmitting, to the CED, a first configuration message, the first configuration message comprising a frequency offset parameter being indicative of a frequency offset to be applied by the CED to signals retransmitted by the CED (See ¶0014-0015, 0039, 0043 and 0046 wherein the data may include frequency to be used by the relay as well as the offset of the frequency used).
In regards to claim 5, Lei teaches the method according to claim 1, wherein the frequency offset parameter is indicative of an offset of an absolute frequency value (See at least ¶0043 wherein it is understood by one of ordinary skill that the frequency offset is indeed used as an offset from the frequency value).
In regards to claim 10, Lei teaches the method according to claim 1, wherein the method comprises: receiving, from the CED, a capability message indicating that the CED can apply the frequency offset to the signals retransmitted by the CED (See ¶0004 in view of 0014-0015 wherein it is understood that such a message is received in performing in-band relay).
In regards to claim 11, Lei teaches the method according to claim 10, wherein the capability message comprises an indication of a frequency band supported by the CED (See ¶0004 in view of 0014-0015 wherein it is understood that such a message is supported through the approval of it).
In regards to claim 13, the claim is rejected under the same basis as claim 1 by Lei wherein the coverage enhancing device controlling node may be taught as a relay, the transmitter node may be taught as an eNB and the receiver node may be taught as an UE as seen in FIG. 1.
In regards to claim 17, the claim is rejected under the same basis as claim 5 by Lei.
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.
Claim(s) 2-4, 6, 8, 9, 14-16, 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lei et al. (“Lei”) (EP 2410667) in view of Gao et al. (“Gao”) (U.S. PG Publication No. 2020/0187190).
In regards to claim 2, Lei fails to explicitly teach the method according to claim 1, wherein the first configuration message comprises a duration parameter being indicative of a duration during which the frequency offset is to be applied to the signals retransmitted by the CED.
In a similar endeavor Gao teaches wherein the first configuration message comprises a duration parameter being indicative of a duration during which the frequency offset is to be applied to the signals retransmitted by the CED (See ¶0008-0014 in view of 0134-0136, this is taken in view of the teachings of a relay as described above by Lei).
It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Gao into Lei because it allows for proper synchronization between devices for signal transmission and reception as seen in at least ¶0134-0136.
In regards to claim 3, Lei fails to explicitly teach the method according to claim 2, wherein the duration is indicated as one or more of a number of symbols and a number of slots.
In a similar endeavor Gao teaches wherein the duration is indicated as one or more of a number of symbols and a number of slots (See ¶0008-0014 in view of 0134-0136, this is taken in view of the teachings of a relay as described above by Lei).
It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Gao into Lei because it allows for proper synchronization between devices for signal transmission and reception as seen in at least ¶0134-0136.
In regards to claim 4, Lei fails to teach the method according to claim 2, wherein the duration parameter is indicative of a start time at which the frequency offset is to be applied.
In a similar endeavor Gao teaches wherein the duration parameter is indicative of a start time at which the frequency offset is to be applied (See ¶0008-0014 in view of 0134-0136, this is taken in view of the teachings of a relay as described above by Lei).
It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Gao into Lei because it allows for proper synchronization between devices for signal transmission and reception as seen in at least ¶0134-0136.
In regards to claim 6, Lei fails to explicitly teach the method according to claim 1, wherein the frequency offset parameter is indicative of one or more of an offset of a number of subcarriers and a subcarrier spacing.
In a similar endeavor Gao teaches wherein the frequency offset parameter is indicative of one or more of an offset of a number of subcarriers and a subcarrier spacing (See ¶0011-0014, 0018 and 0138).
It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Gao into Lei because it allows for proper synchronization between devices for signal transmission and reception as seen in at least ¶0134-0136.
In regards to claim 8, Lei fails to teach the method according to claim 1, wherein the first configuration message comprises a pattern indicator indicating a pattern in which the frequency offset is to be applied.
In a similar endeavor Gao teaches wherein the first configuration message comprises a pattern indicator indicating a pattern in which the frequency offset is to be applied (Given the broadest interpretation consistent with applicant’s specification, the pattern indicator is taught as the downlink synchronization signal, see ¶0004 and 0077-0079).
It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Gao into Lei because it allows for proper synchronization between devices for signal transmission and reception as seen in at least ¶0134-0136.
In regards to claim 9, Lei fails to teach the method according to claim 8, wherein the pattern indicator indicates that the frequency offset is to be applied to uplink and/or downlink signaling.
In a similar endeavor Gao teaches wherein the pattern indicator indicates that the frequency offset is to be applied to uplink and/or downlink signaling (Given the broadest interpretation consistent with applicant’s specification, the pattern indicator is taught as the downlink synchronization signal, see ¶0004 and 0077-0079).
It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Gao into Lei because it allows for proper synchronization between devices for signal transmission and reception as seen in at least ¶0134-0136.
In regards to claim 14, the claim is rejected under the same basis as claim 2 by Lei in view of Gao.
In regards to claim 15, the claim is rejected under the same basis as claim 3 by Lei in view of Gao.
In regards to claim 16, the claim is rejected under the same basis as claim 4 by Lei in view of Gao.
In regards to claim 18, the claim is rejected under the same basis as claim 6 by Lei in view of Gao.
In regards to claim 20, the claim is rejected under the same basis as claim 8 by Lei in view of Gao.
Claim(s) 7 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lei et al. (“Lei”) (EP 2410667) in view of Liu et al. (“Liu”) (U.S. PG Publication No. 2023/0389039).
In regards to claim 7, Lei fails to explicitly teach the method according to claim 1, wherein the frequency offset parameter is indicative of one or more of a resource block and a resource element.
In a similar endeavor Liu teaches wherein the frequency offset parameter is indicative of one or more of a resource block and a resource element (See ¶0123-0124).
It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Liu into Lei because it allows for subcarrier spacing configuration that provides a relation between common resource block numbers in the frequency domain and resource elements for subcarrier spacing as described in at least ¶0123.
In regards to claim 19, the claim is rejected under the same basis as claim 7 by Lei in view of Liu.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lei et al. (“Lei”) (EP 2410667) in view of Agrawal et al. (“Agra”) (U.S. PG Publication No. 2021/0344465)
In regards to claim 12, Lei fails to teach the method according to claim 1, wherein the method comprises: transmitting, to a receiver node, a second configuration message configuring the receiver node to simultaneously receive redundant transmissions in different frequency resource.
In a similar endeavor Agra teaches wherein the method comprises: transmitting, to a receiver node, a second configuration message configuring the receiver node to simultaneously receive redundant transmissions in different frequency resource (See ¶0016).
It would have been obvious to a person of ordinary skill in the art, and before the effective filing date of the claimed invention, to incorporate the teaching of Agra into Lei because it allows for a system to ensure that the signal is received as described in at least ¶0018, wherein for example if there is interference in a first frequency segment which then causes the signal to not be properly received, it allows for the reduction of retransmission of data frames and improves wireless communication via use of different frequency resources.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDEMIO NAVAS JR whose telephone number is (571)270-1067. The examiner can normally be reached M-F, ~ 9 AM -6 PM.
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EDEMIO NAVAS JR
Primary Examiner
Art Unit 2483
/EDEMIO NAVAS JR/Primary Examiner, Art Unit 2483
Prosecution Insights