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 .
Specification Objections
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words. The form and legal phraseology often used in patent claims, such as "means" and "said," should be avoided. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, "The disclosure concerns," "The disclosure defined by this invention," "The disclosure describes," etc.
The abstract is objected, and the applicant is reminded to use a single paragraph on a separate sheet.
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, 9, 12, 17, 20, 25 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Diao et al. (US 20120257551 A1) hereinafter Diao.
Regarding claim 1,
Diao teaches a method of wireless communication performed by a user equipment (UE), the method comprising: transmitting a first communication in a first frequency band; and receiving a second communication in a second frequency band ([0008] a method for duplexing communication, comprising: sending, by a wireless access point, a signal to a terminal in a downlink band within a first time interval; and receiving, by the wireless access point, a signal sent by the terminal in an uplink band within a second time interval),
wherein a portion of the second frequency band partially overlaps the first frequency band ([0029] The Downlink Band (DLB) is different from the Uplink Band (ULB), and this difference is embodied in that: the center frequencies are different and/or bandwidths are different. The DLB and ULB can be one of the following relationships: DLB and ULB are partially overlapped); and
the first communication is time division multiplexed with the second communication in the portion of the second frequency band that partially overlaps the first frequency band ([0037] In the uplink band, the portion overlapped with the downlink band is a bidirectionally used band in the manner of time division duplexing, … [0038] likewise, in the downlink band, the portion overlapped with the uplink band is a bidirectionally used band used in the manner of time division duplexing).
Regarding claim 4,
Diao teaches all the features of claim 1, as outlined above.
Diao further teaches receiving a resource grant, wherein: the transmitting the first communication in the first frequency band comprises transmitting, based on the resource grant, the first communication in a portion of the first frequency band that does not overlap the second frequency band; and the receiving the second communication in the second frequency band comprises receiving, based on the resource grant, the second communication in a portion of the second frequency band that does not overlap the first frequency band ([0072] … likewise, if the terminal supports to send and receive a signal in the FDD licensed band, then the terminal judges whether the FDD licensed band supported by the terminal can provide the band resource required by the service requested by the terminal, and if yes, then directly allocates the band resource in the FDD licensed band to this terminal).
Regarding claims [9, 12] “Method by Network unit”, [17, 20] “UE”, and [25, 28] “Network unit” are rejected under the same reasoning as claims [1, 4] “Method by UE”.
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 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 of this title, 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.
Claims 3, 8, 11, 16, 19, 24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Diao.
Regarding claim 3,
Diao teaches all the features of claim 1, as outlined above.
Diao further teaches receiving a resource grant; and refraining, based on the resource grant, from simultaneously transmitting the first communication in the portion of the second frequency band that partially overlaps the first frequency band and receiving the second communication in the portion of the second frequency band that partially overlaps the first frequency band ([0072]… likewise, if the terminal supports to send and receive a signal in the FDD licensed band, then the terminal judges whether the FDD licensed band supported by the terminal can provide the band resource required by the service requested by the terminal, and if yes, then directly allocates the band resource in the FDD licensed band to this terminal. [0073] If the TDD licensed band or FDD licensed band supported by the terminal cannot provide all the band resources required by the service requested by the terminal, then whether the terminal has the capability of sending or receiving a signal in parallel in the TDD licensed band and FDD licensed band is further determined, and if yes … transmit and receive simultaneously in the overlapped portion; which make it obvious to otherwise refrain).
Regarding claim 8,
Diao teaches all the features of claim 1, as outlined above.
Diao further teaches the portion of the second frequency band that partially overlaps the first frequency band comprises one or more guard bands (protection band [0040], Fig. 1. It is obvious to consider these idle “protection” bands as being part of the unidirectional portion before and after the overlapping portion versus treating them as part of the overlapped portion).
Regarding claims [11, 16] “Method by Network unit”, [19, 24] “UE”, and [27] “Network unit” are rejected under the same reasoning as claims [3, 8] “Method by UE”.
Claims 2, 5-7, 10, 13-15, 18, 21-23 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Diao, in view of Montojo et al. (US 20130021954 A1), hereinafter Montojo.
Regarding claim 2,
Diao teaches all the features with respect to claim 1, as outlined above.
Diao did not explicitly teach the first communication comprises a physical uplink shared channel (PUSCH) communication; and the second communication comprises a physical downlink shared channel (PDSCH) communication.
Montojo teaches the first communication comprises a physical uplink shared channel (PUSCH) communication ([0072] PUSCH); and the second communication comprises a physical downlink shared channel (PDSCH) communication ([0046] PDSCH).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teachings of Montojo to the teachings of Diao. The motivation for such an addition would be to reveal standard / well-known parameters to enhance communication (Montojo [0007]-[0018]).
Regarding claim 5,
Diao teaches all the features with respect to claim 4, as outlined above.
Diao did not explicitly teach the first communication comprises at least one of a physical uplink control channel (PUCCH) communication or a physical random access channel (PRACH) communication; and the second communication comprises a physical downlink control channel (PDCCH).
Montojo teaches the first communication comprises at least one of a physical uplink control channel (PUCCH) communication ([0072] PUCCH) or a physical random access channel (PRACH) communication ([0072] PRACH); and the second communication comprises a physical downlink control channel (PDCCH) ([0046] PDCCH).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teachings of Montojo to the teachings of Diao. The motivation for such an addition would be to reveal standard / well-known parameters to enhance communication (Montojo [0007]-[0018]).
Regarding claim 6,
Diao teaches all the features with respect to claim 1, as outlined above.
Diao did not explicitly teach wherein the transmitting the first communication comprises transmitting the first communication based on a priority associated with the first communication.
Montojo teaches wherein the transmitting the first communication comprises transmitting the first communication based on a priority associated with the first communication ([0056] the UE may prioritize its transmissions before any reception).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teachings of Montojo to the teachings of Diao. The motivation for such an addition would be to enhance communication (Montojo [0007][0018]).
Regarding claim 7,
Diao and Montojo teach all the features with respect to claim 6, as outlined above.
Diao did not explicitly teach the first communication comprises at least one of a sounding reference signal (SRS) or a physical uplink shared channel (PUSCH) communication.
Montojo teaches the first communication comprises at least one of a sounding reference signal (SRS) ([0072] SRS) or a physical uplink shared channel (PUSCH) communication ([0072] PUSCH).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teachings of Montojo to the teachings of Diao. The motivation for such an addition would be to reveal standard / well-known parameters to enhance communication (Montojo [0007]-[0018]).
Regarding claims [10, 13-15] “Method by Network unit”, [18, 21-23] “UE”, and [26, 29] “Network unit” are rejected under the same reasoning as claims [2, 5-7] “Method by UE”.
Regarding claim 30,
Diao teaches all the features with respect to claim 25, as outlined above.
Diao further teaches the portion of the second frequency band that partially overlaps the first frequency band comprises one or more guard bands (protection band [0040], Fig. 1. It is obvious to consider these idle “protection” bands as being part of the unidirectional portion before and after the overlapping portion versus treating them as part of the overlapped portion).
Diao did not explicitly teach the network unit is further configured to transmit the first communication based on a priority associated with the first communication; the first communication comprises at least one of a synchronization signal block (SSB), a channel state information reference signal (CSI-RS), or a physical downlink shared channel (PDSCH) communication.
Montojo teaches the network unit is further configured to transmit the first communication based on a priority associated with the first communication ([0056] the UE may prioritize its transmissions before any reception); the first communication comprises at least one of a synchronization signal block (SSB), a channel state information reference signal (CSI-RS), or a physical downlink shared channel (PDSCH) communication ([0072] PUSCH).
It would have been obvious to one having ordinary skill in the art before the effective filing date to add the teachings of Montojo to the teachings of Diao. The motivation for such an addition would be to reveal standard / well-known parameters to enhance communication (Montojo [0007]-[0018]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AYMAN A ABAZA whose telephone number is (571)270-0422. The examiner can normally be reached Mon-Fri 8-5. 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, Deborah Reynolds can be reached at 571-272-0734. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AYMAN A ABAZA/Primary Examiner, Art Unit 2465
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