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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/31/2026 has been entered.
DETAILED ACTION
Claims 1-20 were previously allowed on June 4, 2026.
Claims 1-20 have been amended on July 31, 2026 after allowance.
Claims 1-20 are pending this examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/31/2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
In analyzing under step 1, is the claim to a process, machine manufacture or composition of matter? Yes.
In analyzing under step 2A Prong One, Does the claim recite an abstract idea law of nature or natural phenomenon? Yes.
The claim(s) 1 and 11 recite(s) the abstract limitations such as “receiving first configuration information indicating one or more downlink (DL) time units and one or more uplink (UL) time units; (This step is just to receive a first input information) receiving, via higher layer signaling, second configuration information indicating a number of resource blocks (RBs) for UL for use in at least one of the indicated one or more DL time units; (This step is just to receive a second input information) determining, based on a determined timing for the indicated one or more DL time units and a timing offset, a timing for the at least one of the indicated one or more DL first time units; and (This step is to calculate a timing information based on the first input information and/or the second information therefore it is based on mental process and/or mathematical process) transmitting a UL transmission in one or more RBs of the number of RBs in a DL time unit, wherein the DL time unit is in the at least one of the indicated one or more DL time units, and the DL time unit includes, based on the timing for the at least one of the indicated one or more DL time units, the number of RBs for UL and (This step is to output a transmission)” is a process that, under its broadest reasonable interpretation, covers performance of the limitation under mental process and/or mathematical processes but for the recitation of generic computer processor such as “A wireless transmit/receive unit (WTRU) comprising: a transceiver; and a processor, operatively connected to the transceiver; wherein” (see claim 11) .
Claims 2-3 and 12-13 recite a limitation of where to output transmission data. Therefore, it does not overcome abstract rejection.
Claims 4-10 and 14-20 defines the input first information and/or the input second information of claim 1. Therefore, it does not overcome abstract rejection.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation under mental process and mathematical processes but for the recitation of generic computer components and software module, then it falls within the “Mental Processes” and/or “Mathematical Processes” grouping of abstract ideas.
Accordingly, the claim recites an abstract limitation.
This judicial exception is not integrated into a practical application under Step 2A Prong 2. The recited steps of "“receiving first configuration information …receiving second configuration information… transmitting a UL transmission " are extra-solution activity to the judicial exception, and hence these features are not indicative of integration into a practical application.
In analyzing under step 2A Prong Two, Does the claim recite additional elements that integrate the judicial exception into a practical application? NO.
This judicial exception is not integrated into a practical application because the claims recite a generic processor such as “wireless transmit/receive unit (WTRU) comprising: a transceiver; and a processor, operatively connected to the transceiver; wherein” (see claim 11) for determining a timing.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because a generic processor and software module which are high level of generality for determining a timing.
Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
In analyzing under step 2B, does the claim recite additional elements that amount to significantly more than the judicial exception? NO
Claims 1-20 do not recite any additional elements except a generic processor such as “wireless transmit/receive unit (WTRU) comprising: a transceiver; and a processor, operatively connected to the transceiver; wherein” (see claim 11) for determining.
Accordingly, the additional generic elements do not amount to significantly more than the judicial exception because a generic processor and software module which are high level of generality for determining timing.
The claim is directed at an abstract idea.
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.
Claim(s) 1-4, 6-14, 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2018/0124,687), in view of Venkattasubramanian et al (US 2017/0,332,355)
As per claim 1:
As per claim 11:
Park discloses:
A method for use in a wireless transmit/receive unit (WTRU), the method comprising:
A wireless transmit/receive unit (WTRU) comprising: a transceiver; and a processor, operatively connected to the transceiver; wherein:
(Park, Abstract, A terminal receives, from a base station, a first message including configuration information of at least one band, receive, from the base station, a second message for activating a band among the at least one band, and activate the band according to the second message, the configuration information including indication of the at least one band, and each band of the at least one band being part of a bandwidth)
receiving first configuration information indicating one or more downlink (DL)
(Park, [0013] …configuration information of at least one downlink band and configuration information of at least one uplink band)
(Park, Abstract define that band being part of a bandwidth which is known as time unit)
(Park, [0130]…the base station may also instruct the terminal to change the location/size …it is possible to further indicate the location (e.g., subframe, slot, minislot, symbol, and the like) of the time resource as well as the location of the frequency resource at the time indicating the location of the control sub-band in the same or another band)
receiving, via higher layer signaling,
(Park, [0037]- [0039]…transmitting …from a higher layer to a terminal…)
second configuration information indicating a number of resource blocks (RBs) for UL for use in at least one of the indicated one or more DL time units;
(Park, [0011] …configuration information comprises at least one of numerology information, frequency location information of the at least one band, and number of resource block of the at least one band)
determining, based on a determined timing for the indicated one or more DL time units and a timing offset, a timing for the at least one of the indicated one or more DL first time units; and
(Park, [0069], …the terminal to perform various MAC functions (e.g., scheduling, measurement, link adaptation, modulation and coding (MCS) scheme, HARQ, and the like) in a specific band. In addition, based on the band, the terminal may determine and receive the structure of the control channel and the reference signal (RS))
transmitting a UL transmission in one or more RBs of the number of RBs in a DL time unit,
(Park, [0227] … terminal may receive configuration for the first band as a primary band from the base station for serving cell measurement in operation 1160, and receive configuration for the second band … terminal may transmit the measurement report for the first band and/or the second band to the base station)
wherein the DL time unit is in the at least one of the indicated one or more DL time units, and the DL time unit includes, based on the timing for the at least one of the indicated one or more DL time units, the number of RBs for UL
(Park, [0069], …the terminal to perform various MAC functions (e.g., scheduling, measurement, link adaptation, modulation and coding (MCS) scheme, HARQ, and the like) in a specific band. In addition, based on the band, the terminal may determine and receive the structure of the control channel and the reference signal (RS))
Park does not mention time for DL and UL
Venkattasubramanian discloses:
time for DL and UL
(Venkattasubramanian [0068] … common control information within the control signaling can indicate if the time slot t+1 is to be used as an uplink or downlink)
It would have been obvious before the effective filing date of the claimed to a person having ordinary skill in the art to incorporate uplink or downlink time slot indicator into the configuration/control information of Park in order to indicate the location of where the slot for transmitting and downlink transmission per sender’s requirement.
(Venkattasubramanian [0068] … common control information within the control signaling can indicate if the time slot t+1 is to be used as an uplink or downlink)
As per claim 2:
As per claim 12:
Park- Venkattasubramanian further discloses:
wherein the UL transmission a physical uplink control channel (PUCCH) transmission.
(Park, [0164] The physical uplink control channel (PUCCH) for the UCI transmission for the HARQ feedback of the terminal may be allocated as the RRC message…)
As per claim 3:
As per claim 13:
Park- Venkattasubramanian further discloses:
wherein the UL a physical uplink shared channel (PUSCH) transmission.
(Park, [0164] …The terminal may piggyback and transmit the UCI when the resource is allocated to the PUSCH in the s-band)
As per claim 4:
As per claim 14:
Park- Venkattasubramanian further discloses:
wherein the first configuration information is UL-DL configuration information.
(Park, [0069], …the terminal to perform various MAC functions (e.g., scheduling, measurement, link adaptation, modulation and coding (MCS) scheme, HARQ, and the like) in a specific band. In addition, based on the band, the terminal may determine and receive the structure of the control channel and the reference signal (RS))
As per claim 6:
As per claim 16:
Park- Venkattasubramanian further discloses:
wherein the timing offset is received via higher layer signaling.
(Park, [0090] When setting the band, the base station may inform the terminal of the location and the range of the band (e.g., start, size or center frequency and bandwidth, and the like) … a frequency offset…)
(Park, [0037]- [0039]…transmitting …from a higher layer to a terminal…)
As per claim 7:
As per claim 17:
Park- Venkattasubramanian further discloses:
wherein the second configuration information further indicates bandwidth information
(Park, Abstract, A terminal receives, from a base station, a first message including configuration information of at least one band, receive, from the base station, a second message for activating a band among the at least one band, and activate the band according to the second message, the configuration information including indication of the at least one band, and each band of the at least one band being part of a bandwidth)
As per claim 8:
As per claim 18:
Park- Venkattasubramanian further discloses:
wherein the UL transmission is further based on the indicated bandwidth information
(Park, Abstract, A terminal receives, from a base station, a first message including configuration information of at least one band, receive, from the base station, a second message for activating a band among the at least one band, and activate the band according to the second message, the configuration information including indication of the at least one band, and each band of the at least one band being part of a bandwidth)
As per claim 9:
As per claim 19:
Park- Venkattasubramanian further discloses:
wherein the one or more DL time units include one or more DL slots, and the one or more UL time units include one or more UL slots
(Venkattasubramanian [0068] … common control information within the control signaling can indicate if the time slot t+1 is to be used as an uplink or downlink)
As per claim 10:
As per claim 20:
Park-Venkattasubramanian further discloses:
wherein the one or more DL time units include one or more DL symbols, and the one or more UL time units include one or more UL symbols
(Park, [0130]…the base station may also instruct the terminal to change the location/size …it is possible to further indicate the location (e.g., subframe, slot, minislot, symbol, and the like) of the time resource as well as the location of the frequency resource at the time indicating the location of the control sub-band in the same or another band)
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2018/0124,687), in view of Venkattasubramanian et al (US 2017/0,332,355), in view of Park et al (US 2016/0,156,455) (herein as Park_1
As per claim 5:
As per claim 15:
Park-Venkattasubramanian does not disclose:
wherein the UL-DL configuration information is time division duplex (TDD) configuration information.
Park_1 discloses:
(Park [0152] The receiver 1730 may receive the reference TDD configuration information or the SCell reference TDD configuration information from the transmission/reception point through RRC or PDCCH)
It would have been obvious before the effective filing date of the claimed to a person having ordinary skill in the art to incorporate Park_1’s TDD control information into the configuration information of the system in order to notify the receiver about TDD control information
(Park [0152] The receiver 1730 may receive the reference TDD configuration information or the SCell reference TDD configuration information from the transmission/reception point through RRC or PDCCH)
As per claims 11-20:
Claims 11-20 recite similar limitations as claims 1-10. As such, see rejection from above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN DANG NGUYEN whose telephone number is (571)272-9189. The examiner can normally be reached Monday-Friday 7 AM - 3:30 PM.
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, Mark Featherstone can be reached at 571-270-3750. 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.
/Thien Nguyen/ Primary Examiner, Art Unit 2111
Prosecution Insights