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 statement (IDS) submitted on 09/16/2024 was filed with the instant application. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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1. Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 4 of U.S. Patent No. US 10,966,206 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because, all the limitations of the claims in the instant application are included in the claim 1 and 4 of US Patent No. US 10,966,206 B2.
Application No. 18/886,086 (Instant)
US Patent No. US 10,966,206 B2
1. A terminal device for use in a wireless telecommunication system comprising one or more base stations which support a virtual carrier operating mode in which at least some downlink communications are made using a restricted subset of transmission resources selected from within a system frequency bandwidth and comprising a restricted bandwidth downlink channel having a channel bandwidth which is smaller than the system frequency bandwidth,
2. wherein the terminal device is configured to receive an indication of the extent to which one or more base stations support the virtual carrier operating mode in the wireless telecommunication system; and
3. to control acquisition of a base station of the wireless telecommunication system in a manner that takes account of the indicated extent to which one or more base stations support the virtual carrier operating mode.
1.A method of operating a terminal device in a wireless telecommunication system comprising one or more base stations which support a virtual carrier operating mode in which at least some downlink communications from the one or more base stations to the terminal device are made using a restricted subset of transmission resources selected from within a system frequency bandwidth and comprising a restricted bandwidth downlink channel having a channel bandwidth which is smaller than the system frequency bandwidth,
the method comprising:
2. receiving, at the terminal device in a system information block (SIB) transmitted in the system frequency bandwidth, an indication of whether the one or more base stations support the virtual carrier operating mode in the wireless telecommunication system and
a cell identifier (ID) of each of the one or more base stations; selecting, by the terminal device, a base station to acquire by ranking the one or more base stations in the wireless telecommunication system based on the indication indicating a cell ID of the base station and whether the base station supports the virtual carrier operating mode; and
communicating with the selected base station via a virtual carrier, wherein the system frequency bandwidth is 20 MHz, the restricted subset of transmission resources, selected from within the system frequency bandwidth and forming the virtual carrier, is less than 7 MHz, and the indication of whether the one or more base stations support the power boost operating mode comprises indications selected from the group comprising: (i) an indication of whether or not one or more base stations are configured to have the ability to operate in the power boost operating mode; (ii) an indication of times during which one or more base stations are configured to use the boost operating mode; (iii) an indication of available enhanced transmission powers for one or more base stations when operating in the power boost operating mode; and (iv) an indication of which downlink physical channels of the wireless telecommunications system can be transmitted by one or more base stations using the power boost operating mode.
The terminal device of claim 3,
wherein the circuitry is configured to receive the indication of whether the one or more base stations support the virtual carrier operating mode by receiving, from a first base station, a second indication of whether a second, different, base station supports the virtual carrier operating mode.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 4 of U.S. Patent No. US 10,966,206 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because, all the limitations of the claims in the instant application are included in the claim 4 of US Patent No. US 10,966,206 B2.
Application No.18/886,086 (Instant)
US Patent No. US 10,966,206 B2
2. The terminal device of claim 1, configured to receive the indication of the extent to which one or more base stations support the virtual carrier operating mode by receiving from a first base station an indication of the extent to which a second, different, base station supports the virtual carrier operating mode.
4. The terminal device of claim 3, wherein the circuitry is configured to receive the indication of whether the one or more base stations support the virtual carrier operating mode by receiving, from a first base station, a second indication of whether a second, different, base station supports the virtual carrier operating mode.
Claim 3 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of US Patent No. US 10,966,206 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because, all the limitations of the claims in the instant application are included in the claim 5 of US Patent No. US 10,966,206 B2.
Application No.18/886,086 (Instant)
US Patent No. US 10,966,206 B2
3. The terminal device of claim 1, configured such that the first base station is a base station to which the terminal device is connected and the second base station is a base station to which the terminal device is not connected.
5. The terminal device of claim 4, wherein the terminal device is connected to the first base station, and the terminal device is not connected to the second base station.
Claim 4 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of US Patent No. US 10,966,206 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because, all the limitations of the claims in the instant application are included in the claim 6 of US Patent No. US 10,966,206 B2.
Application No.18/886,086 (Instant)
US Patent No. US 10,966,206 B2
4. The terminal device of claim 1, configured such that the indication of the extent to which one or more base stations support the virtual carrier operating mode is received by the terminal device using explicit signalling.
6. The terminal device of claim 3, wherein the indication of whether the one or more base stations support the virtual carrier operating mode is received by the terminal device using explicit signalling.
Claim 5 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of US Patent No. US 10,966,206 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because, all the limitations of the claims in the instant application are included in the claim 7 of US Patent No. US 10,966,206 B2.
Application No.18/886,086 (Instant)
US Patent No. US 10,966,206 B2.
5. The terminal device of claim 4, wherein the explicit signalling comprises system information signalling received from a base station.
7. The terminal device of claim 6, wherein the explicit signalling comprises system information signalling received from a base station.
Claim Rejections - 35 USC § 112
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.
Claims 1-5, recites the limitation "the extent". There is insufficient antecedent basis for this limitation in the claim.
Claims 1-5, 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 pre-AIA the applicant regards as the invention.
Claims 1, in line 8, recites the limitation "the extent". It is not clear to the reader, what the “extent” mean, making the claims indefinite. Proper corrections are required. Further the recited limitation, line 10, “controlling acquisition of a base station”, it is not clear that who is controlling the acquisition of the base station, and if it is the UE or Terminal then it is further not clear how a terminal can control the base station. These findings renders the claim indefinite. The proper corrections are required.
Claims 2-5 are the dependent claims of the independent claim 1 with the similar limitations as claim 1, hence are rejected for the same ground of rejections.
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.
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 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. (US 2015/0289144 A1), hereinafter “Yi” in view of Chen et al (US 2013/0322363 A1), hereinafter, “Chen”.
Regarding claim 1, Yi discloses: A terminal device for use in a wireless telecommunication system (Yi: fig 10, where, U1 and U2 are the terminal devices, para [0134]), comprising one or more base stations (Yi: fig 10, where, include Macro and small cell (equivalent to “Base Station”), para [0134]), which support a virtual carrier operating mode (Yi: figs 8-9, para [0121], where, “system bandwidth is 100 Mhz and UE capability supports only 20 Mhz, eNB may create a virtual carrier with system bandwidth=20 Mhz to support the UE and inform the UE that system bandwidth of the carrier is 20 Mhz rather than 100 Mhz”) in which at least some downlink communications are made using a restricted subset of transmission resources selected from within a system frequency bandwidth (Yi: fig 10, para [0141], where, “Restricted subframe set may be indicated to the UE so that UE shall not transmit or expect downlink data on those”) and
wherein the terminal device is configured to receive an indication of the extent to which one or more base stations support the virtual carrier operating mode in the wireless telecommunication system (Yi: para [0121], where eNB may create a virtual carrier with system frequency/BW of 20 MHz to support the UE and inform the UE that system bandwidth of the carrier is 20 Mhz rather than 100 Mhz); and
to control acquisition of a base station of the wireless telecommunication system in a manner that takes account of the indicated extent to which one or more base stations support the virtual carrier operating mode (Yi: para [0123], where, the UE shall monitor either Pcell CSS or Scell CSS (Common Search Space) for the selection of base station for the handover, this process can be interpreted as “controlling acquisition of a base station”, see para [0124]-[0129], further “the extent” of virtual carrier can be realized, per para [0059], and table 1, where, the (fig 5) virtual channels are created by the Base Station by grouping the RBs as depicted by the table 1, see further, para [0060]-[0069]);
Yi does not explicitly teach: comprising a restricted bandwidth downlink channel having a channel bandwidth which is smaller than the system frequency bandwidth.
Chen teaches: comprising a restricted bandwidth downlink channel having a channel bandwidth which is smaller than the system frequency bandwidth (Chen: fig 10, para [0142], where, “In narrowband operation (e.g., for DL, or UL, or a combination of both), the location of the narrowband for a UE may change within the larger bandwidth over time. Such change may be semi-static (via RRC configuration) or dynamic (via PDCCH). Certain aspects of the present disclosure provide techniques for partitioning the narrow bands (equivalent to “restricted band”) within the larger bandwidth and assigning narrowband resources to low cost UEs, where the narrowband is part of the larger system bandwidth”, see further para [0138]).
Therefore, it would have been obvious to one of ordinary skilled in the art before the effective filing date of the invention to use “comprising a restricted bandwidth downlink channel having a channel bandwidth which is smaller than the system frequency bandwidth” as taught by Chen into Yi in order to improve the signal-to-noise ratio of forward links for the different access terminals (Chen: para [0033]).
Regarding claim 2, Yi modified by Chen teach: The terminal device of claim 1, configured to receive the indication of the extent to which one or more base stations support the virtual carrier operating mode by receiving from a first base station an indication of the extent to which a second, different, base station supports the virtual carrier operating mode (Yi: fig 10, para [0059], and table 1, where, the (fig 5) virtual channels are created by the Base Station by grouping the RBs as depicted by the table 1, see further, para [0060]-[0069]).
Regarding claim 3, Yi modified by Chen teach: The terminal device of claim 1, configured such that the first base station is a base station to which the terminal device is connected and the second base station is a base station to which the terminal device is not connected (Yi: fig 10, para [0133]-[0136], when Pcell uplink is disabled, then Pcell is no longer connected to the UE and uplink is transmitted through Scell).
Regarding claim 4, Yi modified by Chen teach: The terminal device of claim 1, configured such that the indication of the extent to which one or more base stations support the virtual carrier operating mode is received by the terminal device using explicit signalling (Yi: para [0121], where, the base station inform UE those support virtual carrier mode that bandwidth of the carrier is 20 Mhz rather than 100 Mhz (equivalent to “explicit signaling”)).
Regarding claim 5, Yi modified by Chen teach: The terminal device of claim 4, wherein the explicit signalling comprises system information signalling received from a base station (Yi: para [0121], where, the base station inform UE those support virtual carrier mode that bandwidth of the carrier is 20 Mhz rather than 100 Mhz (equivalent to “explicit signaling”)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIZAM U AHMED whose telephone number is (571)272-9561. The examiner can normally be reached Mon-Fry, 7:00 AM-6:00 PM PST.
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/NIZAM U AHMED/Primary Examiner, Art Unit 2461
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