DETAILED ACTION
This office action is a response to the application filed 1 October 2024 as a continuation of 17/241,634 filed 27 April 2021 which is a continuation of PCT/CN2019/113591 filed 28 October 2019, and claiming foreign benefit of China 201811303706.X filed 2 November 2018, wherein claims 1-20 are pending and ready for examination.
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 .
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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1 October 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed as China 201811303706.X on 2 November 2018. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
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: Uplink Transmission Method for Receiving a Scheduling Instruction Includes an Interleaved Resource Block Index and a Scheduling Bandwidth.
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Instant Application
US Patent Number 12,133,257
An uplink transmission method, applied to user equipment and comprising:
An uplink transmission method, applied to user equipment and comprising:
receiving a scheduling instruction transmitted by a network side device, wherein the scheduling instruction comprises a set of interlace indices of resource blocks and a scheduled bandwidth, and an interlace of resource blocks in the scheduled bandwidth indicated by the set of interlace indices of resource blocks comprises a guard band physical resource block (PRB);
receiving a scheduling instruction transmitted by a network side device, wherein the scheduling instruction comprises a set of interlace indices of resource blocks and a scheduled bandwidth, and an interlace of resource blocks in the scheduled bandwidth indicated by the set of interlace indices of resource blocks comprises a guard band physical resource block (PRB);
performing clear channel detection for the scheduled bandwidth;
performing clear channel detection for the scheduled bandwidth;
determining a PRB for data transmission in the interlace of resource blocks based on a detection result of the clear channel detection; and
transmitting data by using the PRB for data transmission;
determining a PRB for data transmission in the interlace of resource blocks based on a detection result of the clear channel detection; and
transmitting data by using the PRB for data transmission;
wherein a plurality of interlaces of resource blocks are indexed in the following manner: all PRBs on an entire carrier bandwidth comprising the guard band PRB are determined, interlaced resource block design is performed for all PRBs to determine the plurality of interlaces of resource blocks, and a fixed index is assigned to each interlace of resource blocks; and
wherein a plurality of interlaces of resource blocks are indexed in the following manner: all PRBs on an entire carrier bandwidth
the determining a PRB for data transmission in the interlace of resource blocks based on a detection result of clear channel detection comprises:
the determining a PRB for data transmission in the interlace of resource blocks based on a detection result of clear channel detection comprises:
selecting, from the interlace of resource blocks indicated by the set of interlace indices of resource blocks in the entire carrier bandwidth, candidate PRBs in the scheduled bandwidth; and
selecting, from the interlace of resource blocks indicated by the set of interlace indices of resource blocks in the entire carrier bandwidth, candidate PRBs in the scheduled bandwidth; and
determining the PRB for data transmission from the candidate PRBs based on the detection result of the clear channel detection.
determining the PRB for data transmission from the candidate PRBs based on the detection result of the clear channel detection;
wherein before the transmitting data by using the PRB for data transmission, the method further comprises:
preparing data according to the scheduling instruction, wherein the prepared data comprises the transmitted data;
wherein the scheduling instruction further comprises indication information, and the indication information is used to indicate whether the guard band PRB is allowed to be used…
Claims 1, 8, and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,133,257 in view of Do et al. (US 2020/0059961 A1), hereafter referred Do, further in view of Chendamarai Kannan et al. (US 2018/0146480 A1), hereafter referred Kannan. As illustrated in the table above, the difference between the claims are highlighted in bold text where the claim elements of the instant application that are not in the US patent document are taught by the prior art. Specifically, Do teaches interlaced resource block design is performed for all PRBs to determine the plurality of interlaces of resource blocks (Do, Fig. 4-5, [0098]-[0105]; the guard bands (represented in dot fill pattern) are assigned to optional extra PRBs where the embodiment A2 includes optional extra PRBs in the guard bands between adjacent BWPs, labeled interfaces 1a, 2a, 3a in Fig. 4 illustrate the interlaced resource block design that determines the plurality of interlaces of resource blocks). Do does not expressly teach a fixed index is assigned to each interlace of resource blocks. However, Kannan teaches this (Kannan, [0105]-[0108]; mapped RBs correspond to RBs where an interlace offset indicated in the DCI may be broadcast for all RBs that may be a fixed index to a look-up table, where interlace 0 may be mapped to RBs 0-9, interlace 1 may be mapped to RBs 10-19, interlace 2 may be mapped to RBs 20-29, and so on). Independent claims 8 and 15 are parallel to claim 1 and are similarly rejected mutatis mutandis.
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 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.
Claims 1-6, 8-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Do in view of Xu et al. (US 2017/0332440 A1), hereafter referred Xu, further in view of Kannan. Do and Xu were cited in applicant’s IDS filed 1 October 2024.
Regarding claim 1, Do teaches an uplink transmission method, applied to user equipment and comprising:
receiving a scheduling instruction transmitted by a network-side device (Do, Fig. 6, steps 600 and 604), wherein the scheduling instruction comprises a set of interlace indices of resource blocks (Do, [0116]; Base station 202 (equates to network-side device, see Fig. 2) signals a configuration 600 (equates to scheduling instructions) to wireless device 212 (equates to user equipment) regarding which interlace(s) to use and a code rate and/or modulation order for the uplink transmission. Base station may also send UL grant to the device (step 604) where some of the signaling in 600 may be part of the UL grant.), and an interlace of resource blocks in the scheduled bandwidth indicated by the set of interlace indices of resource blocks comprises a guard band physical resource block (PRB) (Do, Fig. 3, [0092-0094]; Adjacent BWP1 and BWP2 exhibit guard bands between the adjacent BWPs, where the channels corresponding to BWP1, BWP2 and BWP5 are available for uplink transmission, upon successful LBT procedure.);
performing clear channel detection for the scheduled bandwidth (Do, Fig. 3 and 6, [0117]-[0121]; Device 212 performs LBT procedure on multiple channels within the uplink bandwidth (step 606, Fig. 6). Using the example of Fig. 3, LBT is performed for each of the channels to determine whether the channels are available. Referring to the user device as a transmitter, the transmitter performs (step 700) LBT procedure on multiple channels within the TX bandwidth.)
determining a PRB for data transmission in the interlace of resource blocks based on a detection result of the clear channel detection (Do, [0093]; Using LBT, the wireless device 212 determines that the channels corresponding to BWP1, BWP2 and BWP5 are available for UL transmission (i.e. free); and
transmitting data by using the PRB for data transmission (Do, Fig. 6, [0118]; Step 608, Device transmits the uplink transmission on an interlace on the available channels, in accordance with an interface design.)
wherein a plurality of interlaces of resource blocks are indexed in the following manner: all PRBs on an entire carrier bandwidth comprising the guard band PRB are determined, interlaced resource block design is performed for all PRBs to determine the plurality of interlaces of resource blocks (Do, Fig. 4-5, [0098]-[0105]; The guard bands (represented in dot fill pattern) are assigned as optional extra PRBs. This embodiment A2 includes optional extra PRBs in the guard bands between adjacent BWPs, labeled Interlaces 1a, 2a, 3a in Fig. 4. (“1a”, “2a”, “3a” equate to interlace indexes, using guard bands between adjacent BWPs, thereby included in the set of “all PRBs”. Fig. 5 illustrates that extra PRBs can be allocated equally for each BWP or unequally to the BWPs); and
the determining a PRB for data transmission in the interlace of resource blocks based on a detection result of the clear channel detection (Do, [0093]; Using LBT, the wireless device 212 determines that the channels corresponding to BWP1, BWP2 and BWP5 are available for UL transmission (i.e. free) comprises:
selecting, from the interlace of resource blocks indicated by the set of interlace indices of resource blocks in the entire carrier bandwidth, candidate PRBs in the scheduled bandwidth (Do, [0112]-[0113]; In this embodiment, the wireless device is preconfigured (equates to candidate PRBs) to be allowed to transmit on all available channels between BWP1 and BWP5. Then, after LBT, the device will transmit on BWP1, BWP2 and BWP5); and
determining the PRB for data transmission from the candidate PRBs based on the detection result of the clear channel detection (Do, [0113]: After LBT, the device will transmit on BWP1, BWP2 and BWP5, in this example, that is LBT was successful only on these three BWPs).
Do does not teach wherein the scheduled instruction also comprise a scheduled bandwidth.
However, Xu teaches wherein the scheduled instruction also comprise a scheduled bandwidth (Xu, [0092]-[0094]; The UE 650 may be configured to sense (that is perform CCA or LBT) a declared bandwidth (equates to scheduled bandwidth) to determine if a channel is clear for transmission. For example, if six RBs are declared, then these six RBs may be sensed (perform LBT) instead of the entire bandwidth (i.e. of the plurality of all RBs). The UEs can hop across different narrowband regions, to RBs can be sensed or intend to be sensed, as configured)
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Do to include the above recited limitations as taught by Xu in order to improve efficiency in determining the RBs for sensing (or LBT) for quicker elimination of candidate RBs that cannot be used for UL transmission (Xu, [0004]).
Do in view of Xu does not expressly teach wherein a fixed index is assigned to each interlace of resource blocks.
However, Kannan teaches wherein a fixed index is assigned to each interlace of resource blocks (Kannan, [0105]-[0108]; mapped RBs correspond to RBs where an interlace offset indicated in the DCI may be broadcast for all RBs that may be a fixed index to a look-up table, where interlace 0 may be mapped to RBs 0-9, interlace 1 may be mapped to RBs 10-19, interlace 2 may be mapped to RBs 20-29, and so on).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Do in view of Xu to include the above recited limitations as taught by Kannan in order to provide transmissions with enhanced data transmission capacity (Kannan, [0005]-[0006]).
Regarding claim 8, Do teaches user equipment, comprising a memory, a processor, and a computer program stored in memory and capable of running on the processor (Do, Fig. 17, [0162]-[0163]; Memory 1704, processor 1702. Functionality of the UE may be implemented in software stored in memory and executed by the process), wherein the computer program is executed by the processor to implement:
receiving a scheduling instruction transmitted by a network-side device (Do, Fig. 6, steps 600 and 604), wherein the scheduling instruction comprises a set of interlace indices of resource blocks (Do, [0116]; Base station 202 (equates to network-side device, see Fig. 2) signals a configuration 600 (equates to scheduling instructions) to wireless device 212 (equates to user equipment) regarding which interlace(s) to use and a code rate and/or modulation order for the uplink transmission. Base station may also send UL grant to the device (step 604) where some of the signaling in 600 may be part of the UL grant.), and an interlace of resource blocks in the scheduled bandwidth indicated by the set of interlace indices of resource blocks comprises a guard band physical resource block (PRB) (Do, Fig. 3, [0092-0094]; Adjacent BWP1 and BWP2 exhibit guard bands between the adjacent BWPs, where the channels corresponding to BWP1, BWP2 and BWP5 are available for uplink transmission, upon successful LBT procedure.);
performing clear channel detection for the scheduled bandwidth (Do, Fig. 3 and 6, [0117]-[0121]; Device 212 performs LBT procedure on multiple channels within the uplink bandwidth (step 606, Fig. 6). Using the example of Fig. 3, LBT is performed for each of the channels to determine whether the channels are available. Referring to the user device as a transmitter, the transmitter performs (step 700) LBT procedure on multiple channels within the TX bandwidth.)
determining a PRB for data transmission in the interlace of resource blocks based on a detection result of the clear channel detection (Do, [0093]; Using LBT, the wireless device 212 determines that the channels corresponding to BWP1, BWP2 and BWP5 are available for UL transmission (i.e. free); and
transmitting data by using the PRB for data transmission (Do, Fig. 6, [0118]; Step 608, Device transmits the uplink transmission on an interlace on the available channels, in accordance with an interface design.)
wherein a plurality of interlaces of resource blocks are indexed in the following manner: all PRBs on an entire carrier bandwidth comprising the guard band PRB are determined, interlaced resource block design is performed for all PRBs to determine the plurality of interlaces of resource blocks (Do, Fig. 4-5, [0098]-[0105]; The guard bands (represented in dot fill pattern) are assigned as optional extra PRBs. This embodiment A2 includes optional extra PRBs in the guard bands between adjacent BWPs, labeled Interlaces 1a, 2a, 3a in Fig. 4. (“1a”, “2a”, “3a” equate to interlace indexes, using guard bands between adjacent BWPs, thereby included in the set of “all PRBs”. Fig. 5 illustrates that extra PRBs can be allocated equally for each BWP or unequally to the BWPs); and
the determining a PRB for data transmission in the interlace of resource blocks based on a detection result of the clear channel detection (Do, [0093]; Using LBT, the wireless device 212 determines that the channels corresponding to BWP1, BWP2 and BWP5 are available for UL transmission (i.e. free) comprises:
selecting, from the interlace of resource blocks indicated by the set of interlace indices of resource blocks in the entire carrier bandwidth, candidate PRBs in the scheduled bandwidth (Do, [0112]-[0113]; In this embodiment, the wireless device is preconfigured (equates to candidate PRBs) to be allowed to transmit on all available channels between BWP1 and BWP5. Then, after LBT, the device will transmit on BWP1, BWP2 and BWP5); and
determining the PRB for data transmission from the candidate PRBs based on the detection result of the clear channel detection (Do, [0113]: After LBT, the device will transmit on BWP1, BWP2 and BWP5, in this example, that is LBT was successful only on these three BWPs).
Do does not teach wherein the scheduled instruction also comprise a scheduled bandwidth.
However, Xu teaches wherein the scheduled instruction also comprise a scheduled bandwidth (Xu, [0092]-[0094]; The UE 650 may be configured to sense (that is perform CCA or LBT) a declared bandwidth (equates to scheduled bandwidth) to determine if a channel is clear for transmission. For example, if six RBs are declared, then these six RBs may be sensed (perform LBT) instead of the entire bandwidth (i.e. of the plurality of all RBs). The UEs can hop across different narrowband regions, to RBs can be sensed or intend to be sensed, as configured)
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Do to include the above recited limitations as taught by Xu in order to improve efficiency in determining the RBs for sensing (or LBT) for quicker elimination of candidate RBs that cannot be used for UL transmission (Xu, [0004]).
Do in view of Xu does not expressly teach wherein a fixed index is assigned to each interlace of resource blocks.
However, Kannan teaches wherein a fixed index is assigned to each interlace of resource blocks (Kannan, [0105]-[0108]; mapped RBs correspond to RBs where an interlace offset indicated in the DCI may be broadcast for all RBs that may be a fixed index to a look-up table, where interlace 0 may be mapped to RBs 0-9, interlace 1 may be mapped to RBs 10-19, interlace 2 may be mapped to RBs 20-29, and so on).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Do in view of Xu to include the above recited limitations as taught by Kannan in order to provide transmissions with enhanced data transmission capacity (Kannan, [0005]-[0006]).
Regarding claim 15, Do teaches a non-transitory computer-readable storage medium, wherein the computer-readable storage medium stores a computer program, and the computer program is executed by a processor (Do, Fig. 17, [0162]-[0163]; Memory 1704, processor 1702. Functionality of the UE may be implemented in software stored in memory and executed by the process) to implement:
receiving a scheduling instruction transmitted by a network-side device (Do, Fig. 6, steps 600 and 604), wherein the scheduling instruction comprises a set of interlace indices of resource blocks (Do, [0116]; Base station 202 (equates to network-side device, see Fig. 2) signals a configuration 600 (equates to scheduling instructions) to wireless device 212 (equates to user equipment) regarding which interlace(s) to use and a code rate and/or modulation order for the uplink transmission. Base station may also send UL grant to the device (step 604) where some of the signaling in 600 may be part of the UL grant.), and an interlace of resource blocks in the scheduled bandwidth indicated by the set of interlace indices of resource blocks comprises a guard band physical resource block (PRB) (Do, Fig. 3, [0092-0094]; Adjacent BWP1 and BWP2 exhibit guard bands between the adjacent BWPs, where the channels corresponding to BWP1, BWP2 and BWP5 are available for uplink transmission, upon successful LBT procedure.);
performing clear channel detection for the scheduled bandwidth (Do, Fig. 3 and 6, [0117]-[0121]; Device 212 performs LBT procedure on multiple channels within the uplink bandwidth (step 606, Fig. 6). Using the example of Fig. 3, LBT is performed for each of the channels to determine whether the channels are available. Referring to the user device as a transmitter, the transmitter performs (step 700) LBT procedure on multiple channels within the TX bandwidth.)
determining a PRB for data transmission in the interlace of resource blocks based on a detection result of the clear channel detection (Do, [0093]; Using LBT, the wireless device 212 determines that the channels corresponding to BWP1, BWP2 and BWP5 are available for UL transmission (i.e. free); and
transmitting data by using the PRB for data transmission (Do, Fig. 6, [0118]; Step 608, Device transmits the uplink transmission on an interlace on the available channels, in accordance with an interface design.)
wherein a plurality of interlaces of resource blocks are indexed in the following manner: all PRBs on an entire carrier bandwidth comprising the guard band PRB are determined, interlaced resource block design is performed for all PRBs to determine the plurality of interlaces of resource blocks (Do, Fig. 4-5, [0098]-[0105]; The guard bands (represented in dot fill pattern) are assigned as optional extra PRBs. This embodiment A2 includes optional extra PRBs in the guard bands between adjacent BWPs, labeled Interlaces 1a, 2a, 3a in Fig. 4. (“1a”, “2a”, “3a” equate to interlace indexes, using guard bands between adjacent BWPs, thereby included in the set of “all PRBs”. Fig. 5 illustrates that extra PRBs can be allocated equally for each BWP or unequally to the BWPs); and
the determining a PRB for data transmission in the interlace of resource blocks based on a detection result of the clear channel detection (Do, [0093]; Using LBT, the wireless device 212 determines that the channels corresponding to BWP1, BWP2 and BWP5 are available for UL transmission (i.e. free) comprises:
selecting, from the interlace of resource blocks indicated by the set of interlace indices of resource blocks in the entire carrier bandwidth, candidate PRBs in the scheduled bandwidth (Do, [0112]-[0113]; In this embodiment, the wireless device is preconfigured (equates to candidate PRBs) to be allowed to transmit on all available channels between BWP1 and BWP5. Then, after LBT, the device will transmit on BWP1, BWP2 and BWP5); and
determining the PRB for data transmission from the candidate PRBs based on the detection result of the clear channel detection (Do, [0113]: After LBT, the device will transmit on BWP1, BWP2 and BWP5, in this example, that is LBT was successful only on these three BWPs).
Do does not teach wherein the scheduled instruction also comprise a scheduled bandwidth.
However, Xu teaches wherein the scheduled instruction also comprise a scheduled bandwidth (Xu, [0092]-[0094]; The UE 650 may be configured to sense (that is perform CCA or LBT) a declared bandwidth (equates to scheduled bandwidth) to determine if a channel is clear for transmission. For example, if six RBs are declared, then these six RBs may be sensed (perform LBT) instead of the entire bandwidth (i.e. of the plurality of all RBs). The UEs can hop across different narrowband regions, to RBs can be sensed or intend to be sensed, as configured)
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Do to include the above recited limitations as taught by Xu in order to improve efficiency in determining the RBs for sensing (or LBT) for quicker elimination of candidate RBs that cannot be used for UL transmission (Xu, [0004]).
Do in view of Xu does not expressly teach wherein a fixed index is assigned to each interlace of resource blocks.
However, Kannan teaches wherein a fixed index is assigned to each interlace of resource blocks (Kannan, [0105]-[0108]; mapped RBs correspond to RBs where an interlace offset indicated in the DCI may be broadcast for all RBs that may be a fixed index to a look-up table, where interlace 0 may be mapped to RBs 0-9, interlace 1 may be mapped to RBs 10-19, interlace 2 may be mapped to RBs 20-29, and so on).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Do in view of Xu to include the above recited limitations as taught by Kannan in order to provide transmissions with enhanced data transmission capacity (Kannan, [0005]-[0006]).
Regarding claims 2, 9, and 16, Do in view of Xu further in view of Kannan teaches the method according to claim 1, the user equipment according to claim 8, and the non-transitory computer-readable storage medium according to claim 15 above. Further, Do teaches wherein the determining a PRB for data transmission in the interlace of resource blocks based on a detection result of the clear channel detection comprises:
if the detection result of the clear channel detection indicates that successfully detected listen before talk (LBT) channels comprise adjacent LBT channels (Do, Fig. 3, [0093]; Using LBT, the wireless device 212 determines that the channels corresponding to BWP1, BWP2 and BWP5 are available for UL transmission (i.e. free). Fig. 3 illustrates the case where BWP1 is adjacent to BWP2.), determining that the PRB for data transmission in the interlace of resource blocks comprises a first PRB, wherein the first PRB is a guard band PRB between the adjacent LBT channels (Do, Fig. 3 and 7, [0092]-[0101] and [0122]; In this embodiment A2, an interlacing design is proposed/available for carrier merging transmission in which contiguous (adjacent) free BWP are merged into a wider BWP, and extra PRBs are allocated in the guard bands of the adjacent BWPs. In other words, adjacent BWPs (such as BWP1 and BWP2, Fig. 3) are merged, such that carrier that correspond to the merged BWPs are merged to provide a single carrier for the merged BWPs. This transmit scheme utilizes at least some of the extra resources in the guard band(s) between adjacent, available channels/BWPs (step 702)).
Regarding claims 3, 10, and 17, Do in view of Xu further in view of Kannan teaches the method according to claim 1, the user equipment according to claim 8, and the non-transitory computer-readable storage medium according to claim 15 above. Further, Do teaches wherein before the transmitting data by using the PRB for data transmission, the method further comprises:
preparing data according to the scheduling instruction, wherein the prepared data comprises the transmitted data (Do, [0114]; In one embodiment, the wireless device adapts the transport block size based on the number of available channels and if a channel has been extended into the guard band. See also claim 24 of Do).
Regarding claims 4, 11, and 18, Do in view of Xu further in view of Kannan teaches the method according to claim 3, the user equipment according to claim 10, and the non-transitory computer-readable storage medium according to claim 17 above. Further, Do teaches wherein the preparing data according to the scheduling instruction comprises:
if the scheduled bandwidth is less than or equal to an LBT bandwidth, disabling the use of the guard band PRB, calculating a transport block size, and preparing data corresponding to the transport block size (Do, [0114]; In one embodiment, the wireless device adapts the transport block size based on the number of available channels and if a channel has been extended into the guard band. In other words, the guard band has been disabled, so that it can be merged with the adjacent LBT bandwidths, resulting in a wider bandwidth for a larger transport block size. See also claim 24 of Do).
Regarding claims 5, 12, and 19, Do in view of Xu further in view of Kannan teaches the method according to claim 3, the user equipment according to claim 10, and the non-transitory computer-readable storage medium according to claim 17 above. Further, Do teaches wherein the scheduling instruction further comprises indication information, and the indication information is used to indicate whether the guard band PRB is allowed to be used (Do, [0124]-[0134]; In this embodiment, the TXOP is divided into two parts: first part of the TXOP the transmitter uses Carrier aggregation CA; in the second part the transmitter switches from CA to a carrier merging transmission scheme. In CA, the BWP maintain the guard bands, but aggregates non-adjacent, free BWPs for wider bandwidth (as determined by LBT). For the second part of the TXOP, the carrier merging scheme merges adjacent, available BWPs (and then, if needed, uses CA for any non-adjacent available BWPs) and the resources in the guard band between adjacent, merged BWPs are used for transmission. The first TXOP can be pre-configured using RRC signaling, or dynamically signaled to the UE via DCI on PDCCH or MAC).
Regarding claims 6, 13, and 20, Do in view of Xu further in view of Kannan teaches the method according to claim 5, the user equipment according to claim 12, and the non-transitory computer-readable storage medium according to claim 19 above. Further, Do teaches wherein the indication information is used to indicate at least one of the following:
the guard band PRB is disabled to be used on a first time domain resource; and the guard band PRB is allowed to be used on a second time domain resource (Do, [0124]-[0134]; In this embodiment, the TXOP is divided into two parts. In the first part of the TXOP after LBT, the transmitter transmits transport block on the available BWPs with guard bands between BWPs (this equates to ‘the guard band PRB is allowed to be used on a first time domain resource’). In the second part of the TXOP, the transmitter switches to a new transmission mode in which extra resources in the guard bands between adjacent available BWPs are utilized. This equates to ‘the guard band is disabled to be used on a second time domain resource’, where the guard band is merged with the adjacent BWPs to form a wider bandwidth).
Claims 7 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Do in view of Xu further in view of Kannan as applied to claims 1 and 8 above, and further in view of Luntilla et al. (US 2019/0124649 A1), hereafter referred Luntilla.
Regarding claims 7 and 14, Do in view of Xu further in view of Kannan teaches the method according to claim 1 and the user equipment according to claim 8 above. Do in view of Xu further in view of Kannan does not expressly teach determining a punctured PRB in the interlace of resource blocks based on the detection result of the clear channel detection, wherein the PRB for data transmission in the interlace of resource blocks does not comprise the punctured PRB.
However, Luntilla teaches determining a punctured PRB in the interlace of resource blocks based on the detection result of the clear channel detection, wherein the PRB for data transmission in the interlace of resource blocks does not comprise the punctured PRB (Luntilla, Fig. 3, [0041]-[0047]; the PUSCH or PUCCH transmissions in a regular subframe, having a 10 PRB interlace may not occupy the full subframe due to LBT, so when the PRACH may be shorter in time, PRBs may be punctured, where punctured PRBs that would otherwise be allocated to PUSCH or PUCCH are instead allocated to PRACH).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Do in view of Xu further in view of Kannan to include the above recited limitations as taught by Luntilla in order to provide for an uplink without needing a carrier on the licensed spectrum (Luntilla, [0003]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/R.M./Examiner, Art Unit 2416
/NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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