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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/16/2024 and 6/25/2026 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 7 and 9 are objected to because of the following informalities: The limitation on lines 4-5 reciting “and transmitting the second signal to the base station from the base station”, is reciting something that is not possible. Examiner is assuming that there was an error due to the second recitation of base station, and that this is meant to be from the relay device and not the base station as it would not receive a signal from itself. If this interpretation is correct, then the limitation should be changed to “and transmitting the second signal to the base station.”
Claim 9 should be amended to delete “a procedure” from each step as this claim is directed to a method claim.
Appropriate correction is required.
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 limitations use 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 limitations are:
“a communication unit that receives” (claim 7) appears to be a transceiver component, i.e. a transmitting unit and receiving unit (FIG. 4).
“a control unit that executes” (claim 7) appears to be a processor (see ¶0218 of PG-Pub)
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (US 2025/0167874 A1), hereinafter “Zhu”, and in view of You et al. (US 2025/0240085 A1), hereinafter “You”.
Re. Claim 7, Zhu teaches:
A wireless relay device (Fig. 1 & The communication system illustrated in FIG. 1 including one network device 11, one smart repeater device 13, and one terminal device 12 is an example.)
comprising: a communication unit (¶0181-¶0182 FIG. 20 is a schematic structural diagram illustrating a communication apparatus 200 according to an embodiment of the application. The communication apparatus 200 illustrated in FIG. 20 may include a transceiving module 2001 and a processing module 2002. The transceiving module 2001 may include a transmitting module and/or a receiving module, the transmitting module is configured to realize a transmitting function, the receiving module is configured to realize a receiving function, and the transceiving module 2001 may realize the transmitting function and/or the receiving function.)
that receives control information related to a relay function (¶0184 The transceiving module 2001 is configured to receive time-division duplex (TDD) configuration information that is transmitted by a network device. The configuration information is used for indicating at least one of a receiving behavior or a transmitting behavior of the smart repeater for a first signal and/or a second signal at a specific time. [i.e. configuration information (control information) is for controlling the behavior of the smart repeater (relay function)])
of receiving a first signal from a base station, (¶0187 in response to the first signal and/or the second signal being indicated as a downlink signal, forward, by the smart repeater, the downlink signal from the network device to the terminal device [i.e. receiving a first downlink signal from a network device (base station)] at a specific time corresponding to the first signal,)
transmitting the first signal to a terminal, (¶0187 in response to the first signal and/or the second signal being indicated as a downlink signal, forward, by the smart repeater, the downlink signal from the network device to the terminal device [i.e. forwarding (transmitting) the first downlink signal from a base station to a UE (terminal)] at a specific time corresponding to the first signal,)
receiving a second signal from the terminal, (¶0189 in response to the first signal and/or the second signal being indicated as the uplink signal, forward, by the smart repeater, the uplink signal from the terminal device to the network device [i.e. receiving a second UL signal from a UE (terminal)] at a specific time corresponding to the first signal)
and transmitting the second signal to the base station from the base station; (¶189 in response to the first signal and/or the second signal being indicated as the uplink signal, forward, by the smart repeater, the uplink signal from the terminal device to the network device [i.e. forwarding (transmitting) the second UL signal from a UE (terminal) to the base station. Here examiner is interpreting based on the signal relay scenario, that the applicant intended for the signal to be received by the base station from the relay device and not “from the base station”, as the signal has just been received by the relay in the previous limitation, and base stations usually do not send signals to themselves] at a specific time corresponding to the first signal)
and a control unit (¶0181 FIG. 20 is a schematic structural diagram illustrating a communication apparatus 200 according to an embodiment of the application. The communication apparatus 200 illustrated in FIG. 20 may include a transceiving module 2001 and a processing module 2002.)
that executes the relay function based on the control information, (¶0184 The transceiving module 2001 is configured to receive time-division duplex (TDD) configuration information that is transmitted by a network device. The configuration information is used for indicating at least one of a receiving behavior or a transmitting behavior of the smart repeater for a first signal and/or a second signal at a specific time. & ¶0187-¶189 In some examples, the communication apparatus further includes: [0188] the processing module 2002 configured to: in response to the first signal and/or the second signal being indicated as a downlink signal, forward, by the smart repeater, the downlink signal from the network device to the terminal device at a specific time corresponding to the first signal. the above-mentioned processing module 2002 is further configured to: [0190] in response to the first signal and/or the second signal being indicated as the uplink signal, forward, by the smart repeater, the uplink signal from the terminal device to the network device at a specific time corresponding to the first signal [i.e. the configuration information (control information) sets up for the processing module to execute the transmitting and receiving behavior of the repeater (relay function)])
Yet, Zhu does not explicitly teach: wherein the control unit enables or disables the relay function based on an indication related to a beam in the control information.
However, in the analogous art, You teaches:
wherein the control unit enables or disables the relay function based on an indication related to a beam in the control information. (¶0143 Hereinafter, the NCR may also be referred to a relay or simply a repeater. Hereinafter, MT may be referred to as NCR-MT, and RU may be referred to as NCR-Fwd (forwarding) & ¶190 The side control information may include, for example, all or part of the following information. [0191] 1) Beamforming information. This may mean information about the Tx/Rx beam direction of the RU. This information may include beam directions for UL Tx to the base station, DL Rx from the base station, DL Tx to the UE, and/or UL Rx from the UE. [0192] 2) Timing information to align transmission/reception boundaries of network-controlled repeater. This may mean information for the RU to align the Tx/Rx slot or symbol boundary. [0193] 3) Information on UL-DL TDD configuration. This may mean information on the DL/UL direction of the RU. [0194] 4)ON-OFF information for efficient interference management and improved energy efficiency. This may mean information about the ON-OFF operation of the RU. & ¶0232-¶0233 NCR (MT) can determine that the operation of an RU is indicated to be ON in a given time resource if i) beam information is indicated or provided for a specific time resource, and/or ii) DL/UL information is indicated or provided. That is, the RU performs Tx/Rx operations for the base station-RU link and Tx/Rx operations for the RU-UE link in the corresponding time resource. Otherwise (e.g., beam information is not indicated/provided for a specific time resource), the RU's operation on that time resource can be determined to be indicated to OFF. That is, the RU does not perform Tx/Rx operations for the base station-RU link and Tx/Rx operations for the RU-UE link in the corresponding time resource. [i.e. RU/NCR-Fwd (control unit) is enabled for a beam if the information of that beam is indicated for a specific time resources, otherwise is NCR-Fwd is disabled])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhu’s invention of a method and apparatus for controlling smart repeater to include You’s teaching of the control unit enabling or disabling a relay function based on an indication related to a beam in control information, because it would allow efficient control of NCR-Fwd while minimizing the increase in bit size of control information, in order to flexibly perform dynamic beam indication of the NCR-Fwd function. (see You ¶0008)
Re. Claim 8, Zhu combined with You teaches claim 7.
You further teaches:
wherein, in a case where a beam corresponding to a time resource is indicated in the control information, the control unit enables or disables the relay function in the time resource. (¶0341-¶0344 A DCI field transmitting aperiodic side control information may include at least one of the following fields. [0342] i) Beam/OFF indication field Beam indication and OFF state indication may be supported via aperiodic side control information. In this case, beam indication and off state indication may be combined via the beam/OFF indication field instead of being indicated separately. For example, a field value of ‘0’ may indicate an OFF state, while any other value may indicate a specific beam index. To support indication of beams and OFF states for multiple time resources, multiple beam/OFF indication fields may exist in the DCI. The beam/OFF indication field may also be referred to as the beam indication field. The time resource for which the beam indication field indicates the beam may be in the ON state (i.e., the state in which the NCR-Fwd is performing transmit or receive operations on the access link), and the remaining time resources other than the above time resources (i.e., the time resources for which the beam indication field does not indicate the beam) may be in the OFF state (i.e., the state in which the NCR-Fwd is not performing transmit or receive operations on the access link). [0344] ii) Time resource indication field [i.e. a beam corresponding to a time resource is indicated in the control information of a DCI, where the time resource for the beam indication is either in the ON state or OFF state in that indicated time resource])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhu’s invention of a method and apparatus for controlling smart repeater to include You’s teaching of the control unit enabling or disabling a relay function in a time resource based on control information indicating a beam corresponding to a time resource, because it would allow efficient control of NCR-Fwd while minimizing the increase in bit size of control information, in order to flexibly perform dynamic beam indication of the NCR-Fwd function in the indicated time resource. (see You ¶0007-¶0008)
Re. Claim 9, Zhu teaches:
A communication method (¶0004 Embodiments of the disclosure provide a method for controlling a smart repeater, and an apparatus therefor.)
executed by a wireless relay device, (The communication system illustrated in FIG. 1 including one network device 11, one smart repeater device 13, and one terminal device 12 is an example.)
the method comprising: a procedure of receiving control information related to a relay function (¶0184 The transceiving module 2001 is configured to receive time-division duplex (TDD) configuration information that is transmitted by a network device. The configuration information is used for indicating at least one of a receiving behavior or a transmitting behavior of the smart repeater for a first signal and/or a second signal at a specific time. [i.e. configuration information (control information) is for controlling the behavior of the smart repeater (relay function)])
of receiving a first signal from a base station, (¶0187 in response to the first signal and/or the second signal being indicated as a downlink signal, forward, by the smart repeater, the downlink signal from the network device to the terminal device [i.e. receiving a first downlink signal from a network device (base station)] at a specific time corresponding to the first signal,)
transmitting the first signal to a terminal, (¶0187 in response to the first signal and/or the second signal being indicated as a downlink signal, forward, by the smart repeater, the downlink signal from the network device to the terminal device [i.e. forwarding (transmitting) the first downlink signal from a base station to a UE (terminal)] at a specific time corresponding to the first signal,)
receiving a second signal from the terminal, (¶0189 in response to the first signal and/or the second signal being indicated as the uplink signal, forward, by the smart repeater, the uplink signal from the terminal device to the network device [i.e. receiving a second UL signal from a UE (terminal)] at a specific time corresponding to the first signal)
and transmitting the second signal to the base station from the base station; (¶189 in response to the first signal and/or the second signal being indicated as the uplink signal, forward, by the smart repeater, the uplink signal from the terminal device to the network device [i.e. forwarding (transmitting) the second UL signal from a UE (terminal) to the base station. Here examiner is interpreting based on the signal relay scenario, that the applicant intended for the signal to be received by the base station from the relay device and not “from the base station”, as the signal has just been received by the relay in the previous limitation, and base stations usually do not send signals to themselves] at a specific time corresponding to the first signal)
a procedure of executing the relay function based on the control information; (¶0184 The transceiving module 2001 is configured to receive time-division duplex (TDD) configuration information that is transmitted by a network device. The configuration information is used for indicating at least one of a receiving behavior or a transmitting behavior of the smart repeater for a first signal and/or a second signal at a specific time. & ¶0187-¶189 In some examples, the communication apparatus further includes: [0188] the processing module 2002 configured to: in response to the first signal and/or the second signal being indicated as a downlink signal, forward, by the smart repeater, the downlink signal from the network device to the terminal device at a specific time corresponding to the first signal. the above-mentioned processing module 2002 is further configured to: [0190] in response to the first signal and/or the second signal being indicated as the uplink signal, forward, by the smart repeater, the uplink signal from the terminal device to the network device at a specific time corresponding to the first signal [i.e. the configuration information (control information) sets up for the processing module to execute the transmitting and receiving behavior of the repeater (relay function)])
Yet, Zhu does not explicitly teach: and a procedure of enabling or disabling the relay function based on an indication related to a beam in the control information.
However, in the analogous art, You teaches:
and a procedure of enabling or disabling the relay function based on an indication related to a beam in the control information. (¶0143 Hereinafter, the NCR may also be referred to a relay or simply a repeater. Hereinafter, MT may be referred to as NCR-MT, and RU may be referred to as NCR-Fwd (forwarding) & ¶190 The side control information may include, for example, all or part of the following information. [0191] 1) Beamforming information. This may mean information about the Tx/Rx beam direction of the RU. This information may include beam directions for UL Tx to the base station, DL Rx from the base station, DL Tx to the UE, and/or UL Rx from the UE. [0192] 2) Timing information to align transmission/reception boundaries of network-controlled repeater. This may mean information for the RU to align the Tx/Rx slot or symbol boundary. [0193] 3) Information on UL-DL TDD configuration. This may mean information on the DL/UL direction of the RU. [0194] 4) ON-OFF information for efficient interference management and improved energy efficiency. This may mean information about the ON-OFF operation of the RU. & ¶0232-¶0233 NCR (MT) can determine that the operation of an RU is indicated to be ON in a given time resource if i) beam information is indicated or provided for a specific time resource, and/or ii) DL/UL information is indicated or provided. That is, the RU performs Tx/Rx operations for the base station-RU link and Tx/Rx operations for the RU-UE link in the corresponding time resource. Otherwise (e.g., beam information is not indicated/provided for a specific time resource), the RU's operation on that time resource can be determined to be indicated to OFF. That is, the RU does not perform Tx/Rx operations for the base station-RU link and Tx/Rx operations for the RU-UE link in the corresponding time resource. [i.e. RU/NCR-Fwd (control unit) is enabled for a beam if the information of that beam is indicated for a specific time resources, otherwise is NCR-Fwd is disabled])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Zhu’s invention of a method and apparatus for controlling smart repeater to include You’s teaching of the control unit enabling or disabling a relay function based on an indication related to a beam in control information, because it would allow efficient control of NCR-Fwd while minimizing the increase in bit size of control information, in order to flexibly perform dynamic beam indication of the NCR-Fwd function. (see You ¶0008)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ljung (US 2024/0381128 A1); ¶0061 control signal may identify timing information. & ¶0079 control signal provides node specific on/off control for repeater capabilities. & control information includes beam information. Therefore, the reference reads on limitations from claims 7-9.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY A MILLER whose telephone number is (571)272-4423. The examiner can normally be reached Mon-Fri 8 to 5.
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, Rebecca Song can be reached at 571-270-3667. 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.
/G.A.M./Examiner, Art Unit 2417
/REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417
Prosecution Insights