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 Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claim 1 recites “determining a symbol allocation parameter of a carrier; and determining a structure of the time unit of the carrier according to the symbol allocation parameter”. The limitation of “determining a symbol allocation parameter of a carrier”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, “determining” in the context of this claim may encompass a user choosing a symbol allocation parameter. Similarly, the limitation of “determining a structure of the time unit of the carrier according to the symbol allocation parameter”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, “determining” in the context of this claim may encompass a user choosing a structure of the time unit of the carrier based on the symbol allocation parameter. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim does not recite any additional elements that integrate the abstract idea into a practical application. Accordingly, the claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. In particular, the claim does not recite any additional elements that provide an inventive concept. Accordingly, the claim is not patent eligible. Claims 2-12 do not recite any additional elements that integrate the abstract idea into a practical application. Accordingly, the claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. In particular, the claim does not recite any additional elements that provide an inventive concept. Accordingly, the claim is not patent eligible.
Claim 13 recites a communication device, which is a mechanical and/or electrical device such as a general purpose computer in communication and, therefore, is a machine.
The limitations of “A communication device, comprising a memory, a processor and a computer program stored in the memory and executable by the processor, wherein the processor, when executing the computer program, implements a method” and “determining a symbol allocation parameter of a carrier; and determining a structure of the time unit of the carrier according to the symbol allocation parameter”, as drafted, is a machine and a process that, under their broadest reasonable interpretation, cover mathematical calculations which falls within the “Mathematical Concept” grouping of abstract ideas.
The limitation of “determining a symbol allocation parameter of a carrier”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, “determining” in the context of this claim may encompass a user choosing a symbol allocation parameter. Similarly, the limitation of “determining a structure of the time unit of the carrier according to the symbol allocation parameter”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, “determining” in the context of this claim may encompass a user choosing a structure of the time unit of the carrier based on the symbol allocation parameter. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites additional elements (A communication device, comprising a memory, a processor and a computer program stored in the memory and executable by the processor, wherein the processor, when executing the computer program, implements a method). The communication device is configured to carry out limitations of the claim. But the communication device is recited so generically, i.e., it comprises a memory, a processor, and a computer program, that it represents no more than mere instructions to apply the judicial exceptions on a computer. It can also be viewed as nothing more than an attempt to generally link the use of the judicial exceptions to the technological environment of a computer. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using a communication device comprising a memory, processor, and computer program to perform the limitations amounts to no more than mere use of a tool to perform an abstract idea. Mere use to apply an exception using generic device with a memory, processor, and computer program cannot provide an inventive concept. Accordingly, the claim is not patent eligible.
Claim 14 recites a non-transitory computer-readable storage medium, which is a mechanical and/or electrical device such as a general purpose computer in communication and, therefore, is a machine.
The limitations of “A non-transitory computer-readable storage medium, which is configured to store a computer program which, when executed by a processor, causes the processor to implement a method” and “determining a symbol allocation parameter of a carrier; and determining a structure of the time unit of the carrier according to the symbol allocation parameter”, as drafted, is a machine and a process that, under their broadest reasonable interpretation, cover mathematical calculations which falls within the “Mathematical Concept” grouping of abstract ideas.
The limitation of “determining a symbol allocation parameter of a carrier”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, “determining” in the context of this claim may encompass a user choosing a symbol allocation parameter. Similarly, the limitation of “determining a structure of the time unit of the carrier according to the symbol allocation parameter”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in the mind. For example, “determining” in the context of this claim may encompass a user choosing a structure of the time unit of the carrier based on the symbol allocation parameter. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
This judicial exception is not integrated into a practical application. In particular, the claim recites additional elements (A non-transitory computer-readable storage medium, which is configured to store a computer program which, when executed by a processor, causes the processor to implement a method). The non-transitory computer-readable storage medium is configured to carry out limitations of the claim. But the non-transitory computer-readable storage medium is recited so generically, i.e., it comprises a computer program, that it represents no more than mere instructions to apply the judicial exceptions on a computer. It can also be viewed as nothing more than an attempt to generally link the use of the judicial exceptions to the technological environment of a computer. Accordingly, these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of using a non-transitory computer-readable storage medium comprising a computer program to perform the limitations amounts to no more than mere use of a tool to perform an abstract idea. Mere use to apply an exception using generic non-transitory computer-readable storage medium with a computer program cannot provide an inventive concept. Accordingly, the claim is not patent eligible.
Claims 15-20 do not recite any additional elements that integrate the abstract idea into a practical application. Accordingly, the claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. In particular, the claim does not recite any additional elements that provide an inventive concept. Accordingly, the claim is not patent eligible.
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 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) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peng et al. (CN 110740108 A) (cited in IDS filed 09/16/2024).
Regarding claims 1, 13, and 14, Peng discloses A method for determining a structure of time unit, comprising (claim 1) and A communication device, comprising a memory, a processor and a computer program stored in the memory and executable by the processor, wherein the processor, when executing the computer program, implements a method for determining a structure of time unit, wherein the method comprises (claim 13) and A non-transitory computer-readable storage medium, which is configured to store a computer program which, when executed by a processor, causes the processor to implement a method for determining a structure of time unit, wherein the method comprises (claim 14) ([0252]: information transmission device 170 includes … the memory 109, the processor 110. [0264]: the memory 109 may be used to store software programs and various data … the memory 109 may include … a non-volatile memory. [0265]: The processor 110 … runs or executes software programs and / or modules stores in the memory 109):
determining a symbol allocation parameter of a carrier ([0057]: S21. Determine the number of the first target symbols and / or the number of the second target symbols. [0052]: The first target symbols are symbols for AGC in a frame structure of the side link, and the second The target symbol is a symbol used to protect the time slot GP in the sidelink frame structure, and K and L are positive integers. [0060]-[0063]: Further, the step S21 may be any one of the following 1-3: 1) The number of symbols used for AGC in the frame structure of the side link is determined. 2) A number of symbols for a GP in a frame structure of the side link is determined. 3) The number of symbols used for AGC in the frame structure of the side link and the number of symbols used for GP in the frame structure of the side link are determined. [0065]-[0066]: Optionally, before the above step S22 (before configuring the frame structure of the side link according to the number of the first target symbols and / or the number of the second target symbols), the method further includes: Determining a position of the first target symbol in a frame structure of the side link and/ or a position of the second target symbol in a frame structure of the side link); and
determining a structure of the time unit of the carrier according to the symbol allocation parameter ([0064]: S22. Configure the frame structure of the side link according to the number of the first target symbols and / or the number of the second target symbols).
Regarding claim(s) 2 and 15, Peng discloses all features of claim(s) 1 and 13 as outlined above.
Peng discloses wherein the structure of the time unit comprises a position of a special symbol in the time unit, the special symbol comprises at least one of: an automatic gain control (AGC) symbol, a guard period (GP) symbol or a physical sidelink feedback channel (PSFCH) symbol (Fig. 6: frame structure is shown where AGC symbol is positioned in at least symbol 0 and GP is positioned in at least symbol 13).
Regarding claim(s) 3 and 16, Peng discloses all features of claim(s) 1 and 13 as outlined above.
Peng discloses wherein the structure of the time unit comprises:
for a first type sidelink communication mode or a second type sidelink communication node, an AGC symbol being located on a first sidelink symbol within the time unit ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 (i.e., a) have AGC symbol positioned on at least symbol 0 (first symbol)),
wherein the first type sidelink communication mode and the second type sidelink communication mode use same subcarrier spacing and a same symbol allocation parameter within a same carrier ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 (i.e., a) may also use same subcarrier spacing (i.e., 15kHz) and same symbol allocation parameter (i.e., AGC positioned on symbol 0 and GP positioned on symbol 13)).
Regarding claim(s) 4 and 17, Peng discloses all features of claim(s) 1 and 13 as outlined above.
Peng discloses wherein the structure of the time unit comprises:
for a first type sidelink communication mode, an AGC symbol being located on a first sidelink symbol within the time unit ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelink using FR1 (i.e., a) has AGC positioned on symbol 0 (first symbol)); and
for a second type sidelink communication mode, an AGC symbol being located on a first sidelink symbol within the time unit ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelink using FR1 (i.e., c) has AGC positioned on symbols 0-3. [0059]: the symbols used for AGC and GP in the side-link frame structure do not transmit or receive data, and the data can be rate-matched or punctured (the symbols used for AGC and GP in the side-link frame structure) puncturing));
wherein the first type sidelink communication mode and the second type sidelink communication mode use different subcarrier spacing and different symbol allocation parameters within a same carrier ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 (i.e., a and c) use different subcarrier spacings (i.e., 15kHz and 60kHz) and different symbol allocation parameters (i.e., AGC positioned on symbol 0 and symbols 0-3)).
Regarding claim(s) 5 and 18, Peng discloses all features of claim(s) 4 and 17 as outlined above.
Peng discloses wherein in the first type sidelink communication mode and the second type sidelink communication node, start and end boundaries of time units are aligned ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 (i.e., a and c) have 14 symbols with AGC on symbol 0 and GP on symbol 13).
Regarding claim(s) 6 and 19, Peng discloses all features of claim(s) 1 and 13 as outlined above.
Peng discloses wherein the structure of the time unit comprises:
for a third type sidelink communication mode or a fourth type sidelink communication node, an AGC symbol of each carrier being located on a first sidelink symbol within a time unit of the each carrier ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Figs. 8-9: sidelinks using FR1 and FR2 (i.e., c and d) have AGC positioned on symbol 0 (first symbol)),
wherein the third type sidelink communication mode and the fourth type sidelink communication mode use same subcarrier spacing and a same symbol allocation parameter within the each carrier ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Figs. 8-9: sidelinks using FR1 and FR2 (i.e., c and d) may also use same subcarrier spacing (i.e., 60kHz) and same symbol allocation parameter (i.e., AGC positioned on symbol 0 and GP positioned on symbol 13)).
Regarding claim(s) 7 and 20, Peng discloses all features of claim(s) 1 and 13 as outlined above.
Peng discloses wherein the structure of the time unit comprises:
for a third type sidelink communication mode, an AGC symbol of each carrier being located on a first sidelink symbol within a time unit of the each carrier ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., c and d) have AGC positioned on symbol 0 (first symbol)); and
for a fourth type sidelink communication mode, an AGC symbol of at least one carrier being located on a first sidelink symbol within a time unit of the at least one carrier ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., c and d) have AGC positioned on symbol 0 (first symbol));
wherein the third type sidelink communication mode uses a same subcarrier spacing and different symbol allocation parameters within different carriers, and the fourth type sidelink communication mode uses same subcarrier spacing and different symbol allocation parameters within different carriers ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., c and d) may also use same subcarrier spacing (i.e., 60kHz) and different symbol allocation parameter (i.e., AGC positioned on symbols 0-3 for FR1 and only on symbol 0 for FR 2)).
Regarding claim(s) 8, Peng discloses all features of claim(s) 1 as outlined above.
Peng discloses wherein the structure of the time unit comprises:
for a third type sidelink communication mode, an AGC symbol of each carrier being located on a first sidelink symbol within a time unit of the each carrier ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Figs. 8-9: sidelinks using FR1 and FR2 (i.e., c and d) have AGC positioned on symbol 0 (first symbol)); and
for a fourth type sidelink communication mode, an AGC symbol of at least one carrier being located on a middle-specified sidelink symbol within a time unit of the at least one carrier, wherein the middle-specified sidelink symbol comprises at least one symbol which is punctured for rate matching during data mapping ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelink using FR1 (i.e., c) has AGC positioned on symbol 3. [0059]: the symbols used for AGC and GP in the side-link frame structure do not transmit or receive data, and the data can be rate-matched or punctured (the symbols used for AGC and GP in the side-link frame structure) puncturing));
wherein the third type sidelink communication mode uses same subcarrier spacing and a same symbol allocation parameter within different carriers ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Figs. 8-9: sidelinks using FR1 and FR2 (i.e., c and d) may also use same subcarrier spacing (i.e., 60kHz) and same symbol allocation parameter (i.e., AGC positioned on symbol 0 and GP positioned on symbol 13)), and the fourth type sidelink communication mode uses same subcarrier spacing and different symbol allocation parameters within different carriers ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., c and d) may also use same subcarrier spacing (i.e., 60kHz) and different symbol allocation parameters (i.e., AGC positioned on symbols 0-3 for FR1 and only on symbol 0 for FR 2)).
Regarding claim(s) 9, Peng discloses all features of claim(s) 1 as outlined above.
Peng discloses wherein the structure of the time unit comprises: for a third type sidelink communication mode ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., e)),
an AGC symbol of at least one carrier being located on a first sidelink symbol within a time unit of the at least one carrier (Fig. 6: AGC is located on symbol 0 for FR2 (i.e., e)); and
an AGC symbol of at least one carrier being located on a first sidelink symbol to an M-th sidelink symbol within a time unit of the at least one carrier, wherein M is an integer greater than 1, and duration of the first sidelink symbol to the M-th sidelink symbol is the same as duration of an AGC symbol of another carrier excluding the at least one carrier in the third type sidelink communication mode (Fig. 6: AGC is located on symbols 0-1 for FR2 (i.e., e) and AGC is also located on symbols 0-1 for FR1 (i.e., b));
wherein the third type sidelink communication mode uses different subcarrier spacing and different symbol allocation parameters within different carriers ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., c and e) use different subcarrier spacing (i.e., 60kHz and 120kHz) and different symbol allocation parameters (i.e., AGC positioned on symbols 0-3 for FR1 and on symbols 0-1 for FR 2 and GP positioned on symbol 13)), and a fourth type sidelink communication mode uses different subcarrier spacing and different symbol allocation parameters within different carriers ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., b and d) use different subcarrier spacing (i.e., 30kHz and 60kHz) and different symbol allocation parameters (i.e., AGC positioned on symbols 0-1 for FR1 and only on symbol 0 for FR 2)).
Regarding claim(s) 10, Peng discloses all features of claim(s) 1 as outlined above.
Peng discloses wherein the structure of the time unit comprises:
for a third type sidelink communication mode, an AGC symbol of each carrier being located on a first sidelink symbol within a time unit of the each carrier ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 have AGC located on symbol 0 for FR2 (i.e., c and e)); and
for a fourth type sidelink communication mode, an AGC symbol of at least one carrier being ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelink using FR1 has AGC located on symbols 0-3 for FR1 (i.e., c) and AGC is also located on symbol 0 for FR2 (i.e., d));
wherein the third type sidelink communication mode uses different subcarrier spacing and different symbol allocation parameters within different carriers ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., c and e) use different subcarrier spacing (i.e., 60kHz and 120kHz) and different symbol allocation parameters (i.e., AGC positioned on symbols 0-3 for FR1 and on symbols 0-1 for FR 2 and GP positioned on symbol 13)), and the fourth type sidelink communication mode uses different subcarrier spacing and different symbol allocation parameters within different carriers ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., b and d) use different subcarrier spacing (i.e., 30kHz and 60kHz) and different symbol allocation parameters (i.e., AGC positioned on symbols 0-1 for FR1 and only on symbol 0 for FR 2)).
Regarding claim(s) 11, Peng discloses all features of claim(s) 1 as outlined above.
Peng discloses wherein the structure of the time unit comprises:
for a third type sidelink communication mode, an AGC symbol of each carrier being located on a first sidelink symbol within a time unit of the each carrier ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 have AGC located on symbol 0 for FR2 (i.e., b and d)); and
for a fourth type sidelink communication mode, an AGC symbol of at least one carrier being located on a middle-specified sidelink symbol within a time unit of the at least one carrier, wherein the middle-specified sidelink symbol comprises at least one symbol which is punctured for rate matching during data mapping ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelink using FR1 (i.e., c) has AGC positioned on symbol 3. [0059]: the symbols used for AGC and GP in the side-link frame structure do not transmit or receive data, and the data can be rate-matched or punctured (the symbols used for AGC and GP in the side-link frame structure) puncturing));
wherein the third type sidelink communication mode uses different subcarrier spacing and different symbol allocation parameters within different carriers ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., b and d) use different subcarrier spacing (i.e., 30kHz and 60kHz) and different symbol allocation parameters (i.e., AGC positioned on symbols 0-1 for FR1 and on symbol 0 for FR 2), and the fourth type sidelink communication mode uses different subcarrier spacing and different symbol allocation parameters within different carriers ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 (i.e., c and e) use different subcarrier spacing (60kHz and 120kHz) and different symbol allocation parameters (i.e., AGC positioned on symbols 0-3 for FR1 and on symbols 0-1 for FR2)).
Regarding claim(s) 12, Peng discloses all features of claim(s) 1 as outlined above.
Peng discloses further comprising:
for a fourth type sidelink communication mode, at least one set of symbol allocation parameters are determined according to a configuration manner or a pre-configuration manner ([0044]: different communication systems for a variety of application scenarios including communication between UE and UE. Fig. 6: sidelinks using FR1 and FR2 have a symbol allocation parameter (i.e., AGC positioned on at least symbol 0 (first symbol). [0073]: the number of symbols used for AGC in the frame structure of the side link is predefined).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-4pm.
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/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov
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