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 .
1. Claims 1-20 are pending.
Information Disclosure Statement
2. The Information Disclosure Statement dated 01/07/2025 is acknowledged 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 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.
3. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,143,998. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the instant application are disclosed within the scope of claims 1-20 of U.S. Patent No. 12,143,998 (application no. 17/335,769).
As for claims 1 and 11, US 12,143,998 discloses:
A method comprising: receiving, by a first wireless device from an access node, a first message comprising configuration parameters indicating radio resources for a cell served by the first wireless device, wherein the first wireless device receives the first message from the access node via a parent access node of the first wireless device; receiving, by the first wireless device from the parent access node, a downlink control information comprising an activation indication of the radio resources for the cell; and communicating, by the first wireless device with a second wireless device, transport blocks via the radio resources of the cell based on the activation indication and the first message. (US 12,143,998, claims 1 and 11)
As for claims 2 and 12, US 12,143,998 discloses:
wherein the configuration parameters comprise at least one of: a field indicating an uplink of the cell for the radio resources; a field indicating a downlink of the cell for the radio resources; or a beam index indicating a beam of the cell for the radio resources. (US 12,143,998, claims 2 and 12)
As for claims 3 and 13, US 12,143,998 discloses:
wherein the downlink control information comprises at least one of: a field indicating the cell; a field indicating an uplink of the cell for the radio resources; a field indicating a downlink of the cell for the radio resources; or a field indicating a beam of the cell for the radio resources. (US 12,143,998, claims 3 and 13)
As for claims 4 and 14, US 12,143,998 discloses:
wherein the receiving the downlink control information is based on a radio network temporary identifier, RNTI, that is used to indicate the radio resources. (claims 4 and 14)
As for claims 5 and 15, US 12,143,998 discloses:
wherein the first wireless device comprises an integrated access and backhaul, IAB, node. (US 12,143,998, claims 5 and 15)
As for claims 6 and 16, US 12,143,998 discloses:
wherein the first wireless device comprises a base station distributed unit for the second wireless device. (US 12,143,998, claims 6 and 16)
As for claims 7 and 17, US 12,143,998 discloses:
receiving, by the first wireless device from the parent access node, a second downlink control information comprising a deactivation indication of the radio resources for the cell. (US 12,143,998, claims 7 and 17)
As for claims 8 and 18, US 12,143,998 discloses:
wherein the configuration parameters comprise a beam index indicating a beam associated with a synchronization signal block of the cell for the radio resources. (US 12,143,998, claims 8 and 18)
As for claims 9 and 19, US 12,143,998 discloses:
wherein the downlink control information comprises a field indicating a beam associated with a synchronization signal block of the cell for the radio resources. (US 12,143,998, claims 9 and 19)
As for claims 10 and 20, US 12,143,998 discloses:
wherein the radio resources are flexible radio resources. (US 12,143,998, claims 10 and 20)
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 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.
4. Claim(s) 1-7, 10-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHIMEZAWA, US 2021/0226696 hereafter SHIMEZAWA in view of Zeng et al, US 2011/0075684 hereafter Zeng in view of Park et al, US 2024/0073917 hereafter Park.
As for claim 1, SHIMEZAWA discloses:
A method comprising:
receiving, by a first wireless device from a second access node, a first message comprising configuration parameters indicating radio resources for a cell served by the first wireless device (SHIMEZAWA, [0101]-[0103], Receiving, by the child node from the parent node, DCI used for activating/allocation communications resources),
wherein the first wireless device receives the first message from the parent access node of the first wireless device (SHIMEZAWA, [0101]-[0103], Receiving, by the child node from the parent node, DCI used for activating/allocation communications resources);
receiving, by the first wireless device from the parent access node, a downlink control information comprising an activation indication of the radio resources for the cell (SHIMEZAWA, [0101]-[0103], Receiving, by the child node from the parent node, DCI used for activating/allocation communications resources); and
SHIMEZAWA does not explicitly disclose communicating, by the first wireless device with a second wireless device, transport blocks via the radio resources of the cell based on the activation indication and the first message.
Zeng discloses communicating, by the first wireless device with a second wireless device, transport blocks via the radio resources of the cell based on the activation indication and the first message (Zeng, FIG. 9, [0065], [0143], Communicating by the relay node with at least on user equipment, transport blocks based on the resource allocation and downlink control information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of SHIMEZAWA with communicating, by the first wireless device with a second wireless device, transport blocks via the radio resources of the cell based on the activation indication and the first message as taught by Zeng to provide increased efficiency.
The combination of SHIMEZAWA and Zeng does not explicitly disclose from the second access node via a parent access node.
However, Park discloses from the second access node via a parent access node. (Park, FIG. 16, 1606-2, 1606-4, 1608-3, [0372]-[0373], [0435], The first access node may forward/transmit (e.g., via the first cell) data corresponding to the TBs to the wireless device. [0443], The first access node and/or the second access node may serve the wireless device, for example, based on the one or more parameters. The first access node and/or the second access node may transmit (e.g., forward) and/or receive packets (e.g., PDCP packets) to/from the wireless device via a radio interface (e.g., the access link, child link) and/or the F1 interface (e.g., the parent link, backhaul link).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of SHIMEZAWA and Zeng with from the second access node via a parent access node as taught by Park to provide improved (e.g., latency may be reduced, reliability may be increased, error rate may be reduced, packet loss rate and/or packet transmission latency may be reduced, etc.) for wireless communications, such as for priority services. (Park, [0355])
As for claim 2, SHIMEZAWA discloses:
The configuration parameters comprise at least one of: a field indicating an uplink of the cell for the radio resources (SHIMEZAWA, [0101]-[0104], Indicating the child communications resources; for uplink transmissions to the parent node); a field indicating a downlink of the cell for the radio resources (SHIMEZAWA, [0101]-[0104], Indicating the child communications resources for downlink transmissions from the parent node); or a beam index indicating a beam of the cell for the radio resources.
As for claim 3, SHIMEZAWA discloses:
The downlink control information comprises at least one of: a field indicating the cell; a field indicating an uplink of the cell for the radio resources (SHIMEZAWA, [0101]-[0104], Indicating the child communications resources; for uplink transmissions to the parent node); a field indicating a downlink of the cell for the radio resources (SHIMEZAWA, [0101]-[0104], Indicating the child communications resources for downlink transmissions from the parent node); or a field indicating a beam of the cell for the radio resources.
As for claim 4, SHIMEZAWA discloses:
The receiving the downlink control information is based on a radio network temporary identifier, RNTI, that is used to indicate the radio resources (SHIMEZAWA, [0103], The RNTI).
As for claim 5, SHIMEZAWA discloses:
The first wireless device comprises an integrated access and backhaul, IAB, node (SHIMEZAWA, [0035], The equipment having Integrated Access and Backhaul (IAB) capability).
As for claim 6, SHIMEZAWA discloses:
The first wireless device comprises a base station distributed unit for the wireless device (SHIMEZAWA, [0037], The infrastructure equipment comprises a base station).
As for claim 7, SHIMEZAWA discloses:
Receiving, by the first wireless device from the parent access node, a second downlink control information comprising a deactivation indication of the radio resources for the cell (SHIMEZAWA, [0099], Receiving messages for releasing the child communications resources).
As for claim 10, SHIMEZAWA discloses:
The radio resources are flexible radio resources (SHIMEZAWA, [0107], Determining the child communications resources are flexible resources).
As for claim 11, SHIMEZAWA discloses:
A first wireless device comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the first wireless device to:
receive, from a second access node, a first message comprising configuration parameters indicating radio resources for a cell served by the first wireless device (SHIMEZAWA, [0101]-[0103], Receiving, by the child node from the parent node, DCI used for activating/allocation communications resources),
wherein the first wireless device receives the first message from the second access node via a parent access node of the first wireless device (SHIMEZAWA, [0101]-[0103], Receiving, by the child node from the parent node, DCI used for activating/allocation communications resources);
receive, from the parent access node, a downlink control information comprising an activation indication of the radio resources for the cell (SHIMEZAWA, [0101]-[0103], Receiving, by the child node from the parent node, DCI used for activating/allocation communications resources).
SHIMEZAWA does not explicitly disclose communicate, with a second wireless device, transport blocks via the radio resources of the cell based on the activation indication and the first message.
Zeng discloses communicate, with a second wireless device, transport blocks via the radio resources of the cell based on the activation indication and the first message (Zeng, FIG. 9, [0065], [0143], Communicating by the relay node with at least on user equipment, transport blocks based on the resource allocation and downlink control information).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of SHIMEZAWA with communicate, with a second wireless device, transport blocks via the radio resources of the cell based on the activation indication and the first message as taught by Zeng to provide increased efficiency.
The combination of SHIMEZAWA and Zeng does not explicitly disclose from the second access node via a parent access node.
However, Park discloses from the second access node via a parent access node. (Park, FIG. 16, 1606-2, 1606-4, 1608-3, [0372]-[0373], [0435], The first access node may forward/transmit (e.g., via the first cell) data corresponding to the TBs to the wireless device. [0443], The first access node and/or the second access node may serve the wireless device, for example, based on the one or more parameters. The first access node and/or the second access node may transmit (e.g., forward) and/or receive packets (e.g., PDCP packets) to/from the wireless device via a radio interface (e.g., the access link, child link) and/or the F1 interface (e.g., the parent link, backhaul link).)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of SHIMEZAWA and Zeng with from the second access node via a parent access node as taught by Park to provide improved (e.g., latency may be reduced, reliability may be increased, error rate may be reduced, packet loss rate and/or packet transmission latency may be reduced, etc.) for wireless communications, such as for priority services. (Park, [0355])
As for claim 12, SHIMEZAWA discloses:
The configuration parameters comprise at least one of: a field indicating an uplink of the cell for the radio resources (SHIMEZAWA, [0101]-[0104], Indicating the child communications resources; for uplink transmissions to the parent node); a field indicating a downlink of the cell for the radio resources (SHIMEZAWA, [0101]-[0104], Indicating the child communications resources for downlink transmissions from the parent node); or a beam index indicating a beam of the cell for the radio resources.
As for claim 13, SHIMEZAWA discloses:
The downlink control information comprises at least one of: a field indicating the cell; a field indicating an uplink of the cell for the radio resources (SHIMEZAWA, [0101]-[0104], Indicating the child communications resources; for uplink transmissions to the parent node); a field indicating a downlink of the cell for the radio resources (SHIMEZAWA, [0101]-[0104], Indicating the child communications resources for downlink transmissions from the parent node); or a field indicating a beam of the cell for the radio resources.
As for claim 14, SHIMEZAWA discloses:
The receiving the downlink control information is based on a radio network temporary identifier, RNTI, that is used to indicate the radio resources (SHIMEZAWA, [0103], The RNTI).
As for claim 15, SHIMEZAWA discloses:
The first wireless device comprises an integrated access and backhaul, IAB, node (SHIMEZAWA, [0035], The equipment having Integrated Access and Backhaul (IAB) capability).
As for claim 16, SHIMEZAWA discloses:
The first wireless device comprises a base station distributed unit for the wireless device (SHIMEZAWA, [0037], The infrastructure equipment comprises a base station).
As for claim 17, SHIMEZAWA discloses:
Receiving, by the first wireless device from the parent access node, a second downlink control information comprising a deactivation indication of the radio resources for the cell (SHIMEZAWA, [0099], Receiving messages for releasing the child communications resources).
As for claim 20, SHIMEZAWA discloses:
The radio resources are flexible radio resources (SHIMEZAWA, [0107], Determining the child communications resources are flexible resources).
5. Claim(s) 8-9 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over SHIMEZAWA, in view of Zeng in view of Park as applied to claims 1 and 11 above, and further in view of YUAN et al, US 2021/0218620 hereafter YUAN.
As for claim 8, the combination of SHIMEZAWA, Zeng and Park does not explicitly disclose the configuration parameters comprise a beam index indicating a beam associated with a synchronization signal block of the cell for the radio resources.
However, YUAN discloses the configuration parameters comprise a beam index indicating a beam associated with a synchronization signal block of the cell for the radio resources (YUAN, [0056], Index information of a beam that is indicated by a synchronization signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of SHIMEZAWA, Zeng and Park with the configuration parameters comprise a beam index indicating a beam associated with a synchronization signal block of the cell for the radio resources as taught by YUAN to provide improved transmission performance (YUAN, [0014]).
As for claim 9, the combination of SHIMEZAWA, Zeng and Park does not explicitly disclose the downlink control information comprises a field indicating a beam associated with a synchronization signal block of the cell for the radio resources.
However, YUAN discloses the configuration parameters comprise the downlink control information comprises a field indicating a beam associated with a synchronization signal block of the cell for the radio resources (YUAN, [0056], Index information of a beam that is indicated by a synchronization signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of SHIMEZAWA, Zeng and Park with the downlink control information comprises a field indicating a beam associated with a synchronization signal block of the cell for the radio resources as taught by YUAN to provide improved transmission performance (YUAN, [0014]).
As for claim 18, the combination of SHIMEZAWA, Zeng and Park does not explicitly disclose the configuration parameters comprise a beam index indicating a beam associated with a synchronization signal block of the cell for the radio resources.
However, YUAN discloses the configuration parameters comprise a beam index indicating a beam associated with a synchronization signal block of the cell for the radio resources (YUAN, [0056], Index information of a beam that is indicated by a synchronization signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of SHIMEZAWA, Zeng and Park with the configuration parameters comprise a beam index indicating a beam associated with a synchronization signal block of the cell for the radio resources as taught by YUAN to provide improved transmission performance (YUAN, [0014]).
As for claim 19, the combination of SHIMEZAWA, Zeng and Park does not explicitly disclose the downlink control information comprises a field indicating a beam associated with a synchronization signal block of the cell for the radio resources.
However, YUAN discloses the configuration parameters comprise the downlink control information comprises a field indicating a beam associated with a synchronization signal block of the cell for the radio resources (YUAN, [0056], Index information of a beam that is indicated by a synchronization signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the combination of the teachings of SHIMEZAWA, Zeng and Park with the downlink control information comprises a field indicating a beam associated with a synchronization signal block of the cell for the radio resources as taught by YUAN to provide improved transmission performance (YUAN, [0014]).
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2021/0160898 [0197] discloses at 450, in some cases, access node 105-o and child node 405-a may establish communications between child node 405-a and a new parent access node 105, based on the handover instruction. For example, access node 105-o and child node 405-a may establish communications between child node 405-a and access node 105-n.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENEE HOLLAND whose telephone number is (571)270-7196. The examiner can normally be reached 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IAN MOORE can be reached on (571)272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JENEE HOLLAND
Examiner
Art Unit 2469
/JENEE HOLLAND/Primary Examiner, Art Unit 2469
Prosecution Insights