DETAILED ACTION
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 First Office Action on the merits is in response to claims filed on 10/10/2024.
Claims 1-6 are pending. Claims 1, 5 and 6 are the base independent claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/10/2024, 1/29/2026 was filed before the mailing of a first Office action on the merits. The submission is in compliance with the provisions of 37 CFR 1.97(b). Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
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.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
Regarding claims 1 and 5, “a receiving unit” or “a transmitting unit” invokes 112(f) because it falls under the format of “unit configured to.”
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)(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.
Claims 1, 4, 5 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YOU et al (US 2017/0289965).
Regarding claims 1 and 6, YOU discloses a terminal (fig. 8; receiving device) comprising:
a receiving unit configured to receive a synchronization signal or a broadcast signal (par 149, par 154, par 159; e.g. synchronization signal and broadcast transmission); and a controller configured to assume that receiving the synchronization signal or the broadcast signal is based on individual configurations (fig. 7 & par 181; e.g. the MTC UE or a UE which is not the NB-IoT UE may puncture PRB(s) configured as NB-IoT anchor PRB in subframe(s) having the NB-PSS/NB-SSS; also see par 161) for a terminal with reduced functions (par 144, par 147; e.g. lower cost/power consumption).
Regarding claim 4, YOU discloses:
wherein the controller is configured to assume that the synchronization signal or the broadcast signal is received at a time or frequency resource defined by the individual configurations (par 177-181; e.g. Method 3 may allow the eNB to signal NB-IoT anchor PRB(s) which are actually used for transmission of an NB-IoT SS… If the PRB2 is signaled as an NB-IoT anchor candidate, and the subframe n+5 is an NB-PSS/NB-SSS subframe having an NB-PSS/NB-SSS, the transmitter does not transmit a signal mapped to PRB2 among the signals of the MTC channel mapped to PRB1 to PRB3 in subframe n+5).
Regarding claim 5, YOU discloses a base station (fig. 8; transmitting device) comprising:
a transmitting unit configured to transmit a synchronization signal or a broadcast signal to a terminal (par 149, par 154, par 159; e.g. synchronization signal and broadcast transmission); and a controller configured to assume that the synchronization signal or the broadcast signal is received based on individual configurations (fig. 7 & par 181; e.g. the MTC UE or a UE which is not the NB-IoT UE may puncture PRB(s) configured as NB-IoT anchor PRB in subframe(s) having the NB-PSS/NB-SSS; also see par 161) for a terminal with reduced functions (par 144, par 147; e.g. lower cost/power consumption).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2-3 are rejected under under 35 U.S.C. 103 as obvious over YOU et al (US 2017/0289965) in view of PAN et al (US 2023/0292262) or in view of LIU et al (US 2022/0240249).
Regarding claim 2, the reference does not disclose the subject matter, however PAN discloses:
wherein the controller is configured to assume that the synchronization signal or the broadcast signal having a same index is received for a plurality of times (par 169; e.g., if repetition indication is enabled, then full repetition may be performed for all candidate SS/PBCH block corresponding to the same SS/PBCH block index within the same DRS burst).
In view of the above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of communication protocol configured for the electronic system of PAN with the electronic system of YOU. One is motivated as such to improve cell acquisition performance (PAN, par 168).
Regarding claim 3, the reference does not explicitly disclose the subject matter, however LIU discloses:
wherein the controller is configured to assume that a bandwidth of the synchronization signal or the broadcast signal exceeding a maximum bandwidth of the terminal with reduced functions has been punctured or assume that reception is performed by puncturing the bandwidth of the synchronization signal or the broadcast signal exceeding the maximum bandwidth of the terminal with reduced functions (par 160-162; e.g. the BS 105 may puncture the portion of the DMRS that is within the second portion. In other words, the DMRS may have a smaller bandwidth after the puncture).
In view of the above, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of communication protocol configured for the electronic system of LIU with the electronic system of YOU. One is motivated as such for narrowband network (LIU, par 48).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YAOTANG WANG whose telephone number is (571)272-4023. The examiner can normally be reached 10:00-18:00 ET (M, W, TH & alternate F).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HADI ARMOUCHE can be reached at 571-270-3618. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YAOTANG WANG/SCE/Primary Examiner, Art Unit 2409
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