DETAILED ACTION
1. Claims 16-31 have been examined and are pending.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d).
Information Disclosure Statement
4. The information disclosure statements (IDS) submitted on 12/04/2024, 12/05/2025, and 9/04/2026 have been found to be in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
5. The drawings were received on 12/05/2024. These drawings are accepted.
Specification
6. The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: IN-DEVICE COEXISTENCE INTERFERENCE AVOIDANCE METHOD PERFORMED BY A NODE, AND NODE.
Claim Rejections - 35 USC § 112
7. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
8. Claims 16-23 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
a) Claim 16 recites the limitation “when the IDC problem is not processed by the first node”. It is unclear whether this contingent limitation is referring to the limitation preceding it or following it. Clarifying amendments are respectfully requested.
b) Claims 17-19, dependent upon claim 16, do not satisfy the deficiencies of the rejected base claim and are therefore also rejected.
c) Claim 20 recites the limitation “when the IDC problem is not processed by the first node”. It is unclear whether this contingent limitation is referring to the limitation preceding it or following it. Clarifying amendments are respectfully requested.
d) Claims 21-23, dependent upon claim 20, do not satisfy the deficiencies of the rejected base claim and are therefore also rejected.
Claim Rejections - 35 USC § 102
9. 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.
10. 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.
11. Claims 16-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication 2015/0327280 A1 to Zhang et al. (hereinafter “Zhang”).
Regarding Claim 16, Zhang discloses a method performed by a first node in a communication system (Zhang: Figure 2 with [0026] – a first node corresponds to a master node (MeNB, element 212), a terminal corresponds to a user equipment (UE, element 210), and a second node corresponds to a secondary node (SeNB, element 214), the method comprising:
receiving, from a terminal, a first message (Zhang: Figure 2, step 216) including at least one of assistance information on a frequency range combination associated with an in-device coexistence (IDC) problem (Zhang: [0024], [0027], [0030-0033] – corresponds to InDeviceCoexIndication parameter in the UECapabilityInformation message which indicates an affectedCarrierFreqList of a plurality of frequencies for an in-device coexistence (IDC) problem in a master cell group (MCG) of the MeNB or a plurality of frequencies for an IDC problem in a secondary cell group (SCG) of an SeNB. [0030] discloses the InDeviceCoexIndication parameter may include assistance information for frequency-division multiplexing (FDM).), or assistance information on a time domain associated with the IDC problem (Zhang: [0024-0025], [0027], [0030-0033] – or, the InDeviceCoexIndication parameter indicates IDC problems for assistance in time-division multiplexing (TDM – defined as a time domain divided into several recurrent slots of fixed length, and each signal is allotted a time slot).); and
[transmitting, to a second node, a second message including at least one of the assistance information on the frequency range combination associated with the IDC problem, or the assistance information on the time domain associated with the IDC problem, when the IDC problem is not processed by the first node] (The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met (MPEP 2111.04). The transmitting step is contingent (“when” / “if”) upon a determination that the IDC problem is not processed by the first node, wherein this determination is positively recited as being performed. Examiner respectfully suggests amending the bracketed limitation to positively recite features in order for said limitation to be given patentable distinction.), wherein the assistance information on the frequency range combination associated with the IDC problem (Zhang: [0024], [0027], [0030-0033] – corresponds to InDeviceCoexIndication parameter in the UECapabilityInformation message which indicates an affectedCarrierFreqList of a plurality of frequencies for an in-device coexistence (IDC) problem in a master cell group (MCG) of the MeNB or a plurality of frequencies for an IDC problem in a secondary cell group (SCG) of an SeNB. [0030] discloses the InDeviceCoexIndication parameter may include assistance information for frequency-division multiplexing (FDM).), or the assistance information on the time domain associated with the IDC problem is for dual connectivity (Zhang: [0024-0025-0027], [0030-0033] – or, the InDeviceCoexIndication parameter indicates IDC problems for assistance in time-division multiplexing (TDM) for dual connectivity.).
Regarding Claim 17, Zhang discloses the method of claim 16, further comprising
transmitting, to the terminal, a third message including at least one of information for the terminal to report assistance information about the IDC problem associated with a frequency range, or information for the terminal to report assistance information about the IDC problem associated with the time domain (Zhang: [0030] – “After the UE 210 is configured for IDC interference avoidance in MCG and SCG, at block 226 the UE 210 performs internal measurements and/or an internal assessment to determine the impact of the in-device co-existence interference, and whether the UE 210 can resolve the issue by itself. If the UE 210 cannot resolve the interference by itself, the UE 210 sends an InDeviceCoexIndication message 228 to the MeNB 212. The InDeviceCoexIndication message 228 may include assistance information for frequency-division multiplexing (FDM) and/or TDM.” Step 228 corresponds to the third message.),
wherein the information for the terminal to report the assistance information about the IDC problem associated with the frequency range includes information on the frequency range considered when reporting the IDC problem (Zhang: [0033] – “As discussed above, the InDeviceCoexIndication message 228 shown in FIG. 2 may include assistance information for frequency-division multiplexing (FDM) and/or TDM. For FDM, the affectedCarrierFreqList in the InDeviceCoexlndication message 228 may specify the affected frequencies corresponding to the MCG and/or the SCG.”), and
wherein the information on the frequency range includes information on a frequency (Zhang: [0033] – the indication includes the frequency list.) and information on a bandwidth associated with the frequency (Zhang: [0024] – corresponds to bands used (linked to frequencies) in the MCG and SCG, or refers to a carrier.).
Regarding Claim 18, Zhang discloses the method of claim 16, wherein the assistance information on the frequency range combination associated with the IDC problem includes at least one of information on a frequency range affected by the IDC problem (Zhang: [0033] – the indication includes the frequency list.), inference direction information (alternative or dispositive limitation not required to be disclosed by the prior art of record.), or information on a system influenced by the IDC problem (alternative or dispositive limitation not required to be disclosed by the prior art of record.).
Regarding Claim 19, Zhang discloses the method of claim 16, wherein the assistance information on the time domain associated with the IDC problem includes at least one of information on a cycle length (Zhang: page 2, Table 1 includes a cycle length in the InDeviceCoexIndication message.), information on a start offset (Zhang: [0033] – the InDeviceCoexIndication indicates a DRX starting offset (in the time domain), or information on an active duration (Zhang: page 2, Table 1 includes an ActiveTime in the InDeviceCoexIndication message.).
Regarding Claim 20, Zhang discloses a method performed by a second node in a communication system (Zhang: Figure 2 with [0026] – a first node corresponds to a master node (MeNB, element 212), a terminal corresponds to a user equipment (UE, element 210), and a second node corresponds to a secondary node (SeNB, element 214), the method comprising:
[receiving, from a first node, a second message including at least one of assistance information on a frequency range combination associated with an in-device coexistence (IDC) problem, or assistance information on a time domain associated with the IDC problem, when the IDC problem is not processed by the first node] (The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met (MPEP 2111.04). The transmitting step is contingent (“when” / “if”) upon a determination that the IDC problem is not processed by the first node, wherein this determination is positively recited as being performed. Examiner respectfully suggests amending the bracketed limitation to positively recite features in order for said limitation to be given patentable distinction.), wherein a first message including at least one of the assistance information on the frequency range combination associated with the IDC problem (Zhang: [0024], [0027], [0030-0033] – corresponds to InDeviceCoexIndication parameter in the UECapabilityInformation message which indicates an affectedCarrierFreqList of a plurality of frequencies for an in-device coexistence (IDC) problem in a master cell group (MCG) of the MeNB or a plurality of frequencies for an IDC problem in a secondary cell group (SCG) of an SeNB. [0030] discloses the InDeviceCoexIndication parameter may include assistance information for frequency-division multiplexing (FDM).), or the assistance information on the time domain associated with the IDC problem is transmitted from a terminal to the first node (Zhang: [0024-0025], [0027], [0030-0033] – or, the InDeviceCoexIndication parameter indicates IDC problems for assistance in time-division multiplexing (TDM – defined as a time domain divided into several recurrent slots of fixed length, and each signal is allotted a time slot).), and wherein the assistance information on the frequency range combination associated with the IDC problem (Zhang: [0024], [0027], [0030-0033] – corresponds to InDeviceCoexIndication parameter in the UECapabilityInformation message which indicates an affectedCarrierFreqList of a plurality of frequencies for an in-device coexistence (IDC) problem in a master cell group (MCG) of the MeNB or a plurality of frequencies for an IDC problem in a secondary cell group (SCG) of an SeNB. [0030] discloses the InDeviceCoexIndication parameter may include assistance information for frequency-division multiplexing (FDM).), or the assistance information on the time domain associated with the IDC problem is for dual connectivity (Zhang: [0024-0025-0027], [0030-0033] – or, the InDeviceCoexIndication parameter indicates IDC problems for assistance in time-division multiplexing (TDM) for dual connectivity.).
Claims 21-23, dependent upon claim 20, recite similar features as claims 17-19, respectively, and are therefore rejected upon the same grounds as claims 17-19. Please see above rejections of claims 17-19.
Claims 24-27, directed to an apparatus embodiment of claims 16-19, recite similar features as claims 16-19, respectively, and are therefore rejected upon the same grounds as claims 16-19. Please see above rejections of claims 16-19. Zhang discloses the apparatus in at least [0061] describing an eNB comprising at least a processor and transceiver.
Claims 28-31, directed to an apparatus embodiment of claims 20-23, recite similar features as claims 20-23, respectively, and are therefore rejected upon the same grounds as claims 20-23. Please see above rejections of claims 20-23. Zhang discloses the apparatus in at least [0061] describing an eNB comprising at least a processor and transceiver.
Conclusion
12. 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.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN H ELLIOTT IV whose telephone number is (571)270-7163. The examiner can normally be reached M, T, R, F 5:00 AM-5:00 PM, W 5:00 AM-3:00 PM (EDT).
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 (571) 272-2832. 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.
BENJAMIN H. ELLIOTT IV
Primary Examiner
Art Unit 2474
/BENJAMIN H ELLIOTT IV/Primary Examiner, Art Unit 2474 September 22, 2026