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 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 receiving section, a control section in claim 1 and a transmitting section and a control section in claim 6.
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. See Fig. 15B, the terminal UE and base station, see the corresponding description in paras, [0161]-[0201], receiving section in para [0165], transmitting/receiving section, 120, control section,110.
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.
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 1, recites, a receiving section that receives first downlink control information scheduling a first UL transmission in a resource and second downlink control information indicating cancel of a UL transmission, the resource being supported to be shared between a plurality of Public Land Mobile Networks (PLMNs); and a control section that determines whether to cancel the first UL transmission based on at least one of a priority of the first UL transmission scheduled by the first downlink control information and the second downlink control information.
Step 1, it’s an apparatus claim.
Step 2A, prong 1, The action of determining whether to cancel a transmission based on a priority rule or control information is widely considered an "abstract idea." Specifically, it falls under the category of mental processes or rules for human behavior of assessing priority, and abstract mathematical or logic algorithms.
Step 2A, prong 2, the additional limitations, like, receives first downlink control information scheduling a first UL transmission in a resource and second downlink control information indicating cancel of a UL transmission, the resource being supported to be shared between a plurality of Public Land Mobile Networks (PLMNs), its merely is merely data gathering and insignificant extra-solution activity (pre-solution activity) (MPEP 2106.05 (g)).
When considered a whole, the claimed invention fails to recite any improvement in any technology or technical field (MPEP 2106.05(a)) or recite any meaningful limitations (MPEP 2106.05(e)). The limitations are no more than mere automation of a mental process of determining whether to cancel the first UL transmission based on at least one of a priority of the first UL transmission scheduled by the first downlink control information and the second downlink control information.
Step 2B, the claim does not recite additional elements that are sufficient to amount to significantly more than the abstract idea when considered both individually and as a whole.
under Step 2B, limitation(s) that are insignificant extra-solution activity under step 2A, Prong 2, need to be re-evaluated to determine whether they are well-understood, routine, conventional activities.
Specifically, the limitation, “receiving…., which is mere judicial-recognized well-understood, routine, conventional activity (MPEP 2106.05(d)(II).
Claims 2 and 3, recites, canceling operation on a UL transmission based on the second downlink control information is configured common or differently between the plurality of PLMNs is simply instructing a standard wireless device or base station to perform the abstract idea using generic, conventional computer. Claim 4 is receiving which is insignificant pre-solution activity. Claim 5 is rejected for same reason claim 1 is rejected. Claim 6 recites, indicating the cancelling information which is merely generating or outputting information and insignificant extra solution activity.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 non-obviousness.
Claim(s) 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al. (WO2021195832) (hereafter Xu) (see IDS) in view of Park et al. (US 2019/0380128)(hereafter Park).
Regarding claims 1 and 5, Xu discloses a terminal (see, Fig. 5, terminal 115) comprising:
a receiving section that receives first downlink control information scheduling a first UL transmission in a resource and second downlink control information indicating cancel of a UL transmission (paragraph [0172], "The device 1105 may be an example of aspects of a device 1005 or a UE 115 as described herein. The device 1105 may include a receiver 111 O"; paragraph [0003], "A base station may schedule communication resources for a UE"; paragraph [0055], "A base station may transmit an uplink (UL) cancellation indication (Cl) to a UE, and the UL-Cl may support the base station in scheduling a high priority transmission by canceling a low priority transmission. In some cases, time resources corresponding to an UL transmission may be associated with a number of partitions"; paragraph [0100], "AUE 115 may communicate with a base station 105, and the base station 105 may schedule resources for a UE 115. In some cases, the base station 105 may transmit a resource cancellation (e.g., an UL-Cl) to a UE 115, and the UE 115 may refrain from transmitting to the base station 105 based on the cancellation"; paragraph [0109], "The UL-Cl 305 may be included in or be associated with a downlink control information (DCI)", wherein the scheduling by the base station according to paragraph [0100] and the explicit mention of DCI for the UL-Cl imply the UE/terminal receiving first downlink control information; paragraphs [0112] and [0116]; figure 11),
the resource being supported to be shared between a plurality of Public Land Mobile Networks, PLMNs (paragraph [0056], "A UE may communicate with a base station within a shared radio frequency spectrum", "the shared radio frequency spectrum region may include or support multiple operators", wherein in view of the shared radio frequency spectrum region including or supporting multiple operators a sharing between PLMNs is obvious to a person skilled in the art as below, paragraph [0116], "The set of uplink resources may be configured for UE 115-b on a shared radio frequency spectrum band"); and
a control section that determines whether to cancel the first UL transmission based on at least one of a priority of the first UL transmission scheduled by the first downlink control information and the second downlink control information (paragraphs [0055], [0100], as cited above; paragraph [0105], "UE 115-a may receive an UL-Cl 205 that is associated with one or more time domain parameters (e.g., a bitmap, a 2-D bitmap, etc. ), and UE 115-a may update a transmission schedule (e.g., cancel an UL transmission) based on the UL-Cl"; paragraph [0109], "the UL-Cl 305 may be transmitted by a base station to a UE to cancel or otherwise adjust a resource allocation associated with the UE. For example, an UL-Cl 305 may be used to cancel resources associated with lower priority communications (e.g., eMBB communications) in order to accommodate higher-priority communications (e.g., URLLC communications) , thereby improving system flexibility and resource allocation"; paragraph [0112], "the UL-Cl 405 may be transmitted by a base station to a UE to cancel or otherwise adjust a resource associated with the UE. For example, an UL-Cl 405 may be used to accommodate high-priority communications, thereby improving system flexibility and resource allocation"; figure 11, "cancellation indication manager 1115").
Xu does not explicitly disclose sharing information between plurality of PLMNs.
However, in same field of endeavor, Park teaches in para [0399], The base station distributed unit may transmit the packets to the wireless device. According to an example embodiment, the receiving of the radio resource control message may comprise receiving the radio resource control message via a cell that is shared for the first PLMN and the second PLMN.
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to combine the teachings of Park with the Xu, as a whole, so as to use the shared PLMNs to share the resources between multiple PLMNs, the motivation is to schedule the uplink cancellation indication using the shared PLMNs.
Regarding claim 2, Xu further discloses a canceling operation on a UL transmission based on the second downlink control information being configured in common, respectively, between the plurality of PLMNs (paragraphs [0055], [0056], [0100], [0105], [0109],[0112] and [0116]).
Regarding claim 3, Xu further discloses the terminal wherein a canceling operation on a UL transmission based on the second downlink control information is configured differently between the plurality of PLMNs (paragraphs [0055], [0056], [0055], [0100], [0105], [0109],[0112] and [0116]).
Regarding claim 4, Xu further discloses the terminal wherein the receiving section receives information related to a canceling operation corresponding to each PLMN. (see, paragraphs [0055], [0056], [0055], [0100], [0105], [0109], [0112] and [0116], as cited for claim 1 in the foregoing; paragraph [0110], "A UE may receive or be otherwise associated with a number of parameters").
Regarding claim 6, Xu further discloses a base station (see, Fig. 5, 105) comprising:
a transmitting section that transmits first downlink control information scheduling a first UL transmission in a resource and second downlink control information indicating cancel of a UL transmission(paragraph [0172], "The device 1105 may be an example of aspects of a device 1005 or a UE 115 as described herein. The device 1105 may include a receiver 111 O"; paragraph [0003], "A base station may schedule communication resources for a UE"; paragraph [0055], "A base station may transmit an uplink (UL) cancellation indication (Cl) to a UE, and the UL-Cl may support the base station in scheduling a high priority transmission by canceling a low priority transmission. In some cases, time resources corresponding to an UL transmission may be associated with a number of partitions"; paragraph [0100], "AUE 115 may communicate with a base station 105, and the base station 105 may schedule resources for a UE 115. In some cases, the base station 105 may transmit a resource cancellation (e.g., an UL-Cl) to a UE 115, and the UE 115 may refrain from transmitting to the base station 105 based on the cancellation"; paragraph [0109], "The UL-Cl 305 may be included in or be associated with a downlink control information (DCI)", wherein the scheduling by the base station according to paragraph [0100] and the explicit mention of DCI for the UL-Cl imply the UE/terminal receiving first downlink control information; paragraphs [0112] and [0116]; figure 11),
the resource being supported to be shared between a plurality of Public Land Mobile Networks (PLMNs) ((paragraph [0056], "AUE may communicate with a base station within a shared radio frequency spectrum", "the shared radio frequency spectrum region may include or support multiple operators", wherein in view of the shared radio frequency spectrum region including or supporting multiple operators a sharing between PLMNs is obvious to a person skilled in the art in, paragraph [0116], "The set of uplink resources may be configured for UE 115-b on a shared radio frequency spectrum band");); and
a control section that indicates cancel of the first UL transmission based on at least one of a priority of the first UL transmission scheduled by the first downlink control information and the second downlink control information ((paragraphs [0055], [0100], as cited above; paragraph [0105], "UE 115-a may receive an UL-Cl 205 that is associated with one or more time domain parameters (e.g., a bitmap, a 2-D bitmap, etc. ), and UE 115-a may update a transmission schedule (e.g., cancel an UL transmission) based on the UL-Cl"; paragraph [0109], "the UL-Cl 305 may be transmitted by a base station to a UE to cancel or otherwise adjust a resource allocation associated with the UE. For example, an UL-Cl 305 may be used to cancel resources associated with lower priority communications (e.g., eMBB communications) in order to accommodate higher-priority communications (e.g., URLLC communications) , thereby improving system flexibility and resource allocation"; paragraph [0112], "the UL-Cl 405 may be transmitted by a base station to a UE to cancel or otherwise adjust a resource associated with the UE. For example, an UL-Cl 405 may be used to accommodate high-priority communications, thereby improving system flexibility and resource allocation"; figure 11., "cancellation indication manager 1115").
Xu does not explicitly disclose sharing information between plurality of PLMNs.
However, in same field of endeavor, Park teaches in para [0399], The base station distributed unit may transmit the packets to the wireless device. According to an example embodiment, the receiving of the radio resource control message may comprise receiving the radio resource control message via a cell that is shared for the first PLMN and the second PLMN.
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the claimed invention to combine the teachings of Park with the Xu, as a whole, so as to use the shared PLMNs to share the resources between multiple PLMNs, the motivation is to schedule the uplink cancellation indication using the shared PLMNs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Davydov et al. (US 2024/0163900) discloses single DCI based physical uplink shared channel (PUSCH) transmission scheduling.
Li et al. (US 2024/0146473) discloses enhanced frequency hopping for data transmissions.
Hu et al. (US 2023/0354156) discloses cell selection, reselection and PLMN selection for shared network deployment.
Muhammad et al. (US 2023/0189010) discloses radio network resource sharing based on distributed ledger.
Lee et al. (US2021/0258744) discloses apparatus and method for performing vehicle communication service.
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/DHAVAL V PATEL/ Primary Examiner, Art Unit 2631
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