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 .
The instant office action is in response to communication filed on 09/20/2024.
Claims 1-6 are pending of which claims 1 and 6 are independent.
The IDS(s) submitted on 09/20/2024, 01/07/2026, and 06/15/2026 has been considered.
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
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.
Claim(s) 1- 6 is/are rejected under 35 U.S.C. 102(a)(2) as being by Zhao et al (WO2023133834 filed on 01/14/2022, herein after referred to as Zhao)
Regarding claim 1, Zhao discloses a terminal (Various manifestations of User Equipment discussed in paragraph 38 in side link communication is shown in Fig. 23 as terminal/device 400 with processor 410, memory 420 , transceiver 430 – per paragraphs 274-279) comprising: a control unit (i.e. Fig. 23 processor 410) configured to identify, based on a parameter specifying a resource in a frequency domain, a configuration of a resource pool in an unlicensed band (See where the parameter can be either channel bandwidth occupancy, Channel Busy Ratio, and/or number of PRB (Physical Resource Blocks) in unlicensed band and the resource pool being a plurality of plurality of subchannels. See paragraphs 3, 81, 87, 106); a reception unit (i.e. Fig. 23 transceiver 430) configured to receive a signal from another terminal in the resource pool (See paragraphs 151-175 with respect to Fig. 17 discloses a CBR is determined or pre-configured and a set of resource blocks/sub-channels are chosen from the resource pool of sub-channels meeting the CBR parameter requirement and terminal A receives from terminal B receives signal on the chosen sub-channels); and a transmission unit (i.e. Fig. 23 transceiver 430) configured to transmit a signal to the another terminal in the resource pool, wherein the control unit applies, to the resource pool, only a specific value in a group of values each capable of configuring the parameter.( Per paragraphs 151-175 in relation Fig. 17 the terminal A transmits to terminal B uses only specific sub-channels and number of resource block from the larger resource pool based on specific CBR and Channel Bandwidth Occupancy values from a plurality of values)
Regarding claim 6, Zhao discloses a communication method (See Figs. 1-24 and in particular Fig. 17) of causing a terminal (Fig. 24 device/UE 400) to execute: identifying, based on a parameter (i.e. CR (Channel Occupancy Ratio), CBR (Channel Busy Ratio) and number of sub-channels are parameters limiting transmission resource blocks in the resource pool per paragraphs 2 and 3) specifying a resource in a frequency domain, a configuration of a resource pool in an unlicensed band (See paragraph 3 on frequency domain in unlicensed band. Stating “…However, when the side link communication works in the unlicensed frequency band, some regional regulations specify that any side link signal sent by the terminal device needs to occupy more than X % of the channel bandwidth in the frequency domain, for example, X = 80; otherwise, the terminal device operating on the same unlicensed frequency band may perform channel monitoring on the occupied time-frequency resource, …) receiving a signal from another terminal in the resource pool; transmitting a signal to the another terminal in the resource pool (See paragraphs 151-175 with respect to Fig. 17 discloses a CBR is determined or pre-configured and a set of resource blocks/sub-channels are chosen from the resource pool of sub-channels meeting the CBR parameter requirement and terminal A receives from terminal B receives signal on the chosen sub-channels); and applying, to the resource pool, only a specific value in a group of values each capable of configuring the parameter. ( Per paragraphs 151-175 in relation Fig. 17 the terminal A transmits to terminal B uses only specific sub-channels and number of resource block from the larger resource pool based on specific CBR and Channel Bandwidth Occupancy values from a plurality of values )
Regarding claim 2, Zhao disclose the terminal according to claim 1, wherein the control unit determines, based on the parameter, at least one of a number of physical resource blocks included in a sub-channel and a number of sub-channels included in the resource pool. (Zhao teaches this limitation in paragraph 81 by stating “…The PSSCH occupies Q sub-channels in frequency domain, and each sub-channel includes D consecutive PRBs, where Q and D are positive integers.”)
Regarding claim 3, Zhao discloses the terminal according to claim 1, wherein the control unit determines, based on the parameter, that the resource pool includes 80% (Zhao teaches the limitation per paragraph 87, stating “…For example, if the terminal is to use an unlicensed frequency band for communication, a frequency band range occupied by the terminal needs to be greater than or equal to 80% of the system bandwidth. Therefore, in order to enable more users to access the channel in the same time as possible, this application introduces an interlace-based resource configuration manner. One comb tooth includes N RBs, a total of the frequency band ranges includes M comb teeth, and the mth comb tooth includes {m, M + m, 2M + m, and 3M + m. For a determined comb tooth index, the comb tooth includes a plurality of resource blocks, referred to as a comb resource block (IRB). A quantity of resource blocks spaced between two consecutive comb resource blocks in one comb tooth is fixed to M, where a specific value of M is determined by a subcarrier spacing. For a subcarrier spacing of 15 KHz, M is 10; and for a sub-carrier interval of 30 KHz, M is 5, the M comb teeth may be orthogonal in frequency domain, and the index of the comb teeth thereof is 0 to M − 1.” ) or more of a bandwidth which is an integer multiple of a listen before talk (LBT) bandwidth. (Zhao teaches the limitation in paragraph 104 by stating “…In some implementations, one resource block set corresponds to one channel in an unlicensed spectrum (or a shared spectrum), or one resource block set corresponds to a minimum frequency domain granularity of LBT, or one resource block set corresponds to an LBT sub-band.” See paragraph 106 too)
Regarding claim 4, Zhao discloses the terminal according to claim 1, wherein the control unit determines, based on the parameter, that one sub-channel includes a bandwidth which is an integer multiple of an LBT bandwidth. (See Fig. 14 Zhao teaching and LBT sub-bandwidth is equal to the selected one sub-channel 20 MHZ and the integer multiplicity is one. Zhao states in paragraphs 99 and 100 “ [0099]
As shown in FIG. 14, a 60 MHz BWP covers three 20 MHz channel bandwidths, which may be referred to as an LBT subband 1, an LBT subband 2, and an LBT subband 3, where a guard band is provided between the LBT subband 1 and the LBT subband 2 and between the LBT subband 2 and the LBT subband 3.” And “ [0100]
Further, the LBT subband is also uniformly referred to as a resource block set. A resource block set and an interval guard band are configured in a manner that a base station first configures a carrier bandwidth on a common resource block grid-CRB and configures one or more intra-cell guard bands within a carrier bandwidth, and a configuration of the intra-cell guard band includes a CRB position and a guard band length of the start point. After the configuration is complete, the entire carrier bandwidth is divided into multiple sets of resource blocks. …”)
Regarding claim 5, Zhao discloses the terminal according to claim 1, wherein the control unit configures, based on the parameter, an intra-cell guard band in the resource pool. (Zhao in paragraph 100 discloses an intra-cell guard band in the resource pool being configured based on the parameter CRB. Zhao states in paragraph 100 (“ [0100] Further, the LBT subband is also uniformly referred to as a resource block set. A resource block set and an interval guard band are configured in a manner that a base station first configures a carrier bandwidth on a common resource block grid-CRB and configures one or more intra-cell guard bands within a carrier bandwidth, and a configuration of the intra-cell guard band includes a CRB position and a guard band length of the start point. After the configuration is complete, the entire carrier bandwidth is divided into multiple sets of resource blocks….”)
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a control unit…;” , “a reception unit…;”, and “a transmission unit…;” in independent claim 1 and dependent claims 2-5.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. Namely in Fig. 23 and paragraphs 274-282 provide structural support to the limitations recited above invoking 112(f) in independent claim 1.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HABTE MERED whose telephone number is (571)272-6046. The examiner can normally be reached Monday - Friday 12-10 PM EST.
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, Michael Thier can be reached at 5712722832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HABTE MERED/Primary Examiner, Art Unit 2474
Prosecution Insights