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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gulati (US 2020/0033442).
Claim 1: Gulati discloses A node, comprising: one or more memories; one or more transceivers; and one or more processors communicatively coupled to the one or more memories and the one or more transceivers, the one or more processors, either alone or in combination (para 0007, 0090, 0168, 0173) configured to:
transmit or receive, via the one or more transceivers, a frequency modulated continuous wave (FMCW) waveform configuration (para 0005-0007, 0013-0018), wherein the FMCW waveform configuration indicates:
a first slope of a first frequency change from a first frequency to a second frequency (para 0013, 0014, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10); and
a second slope of a second frequency change from the second frequency to a third frequency (para 0014, 0015, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10); and
transmit or receive, via the one or more transceivers, an FMCW waveform based on the FMCW waveform configuration (para 0005-0007, 0013-0018)
Claim 2: Gulati discloses the FMCW waveform configuration comprises a first parameter indicating a first real number corresponding to the first slope and a second parameter indicating a second real number corresponding to the second slope (para 0012, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10)
Claim 3: Gulati discloses the FMCW waveform configuration indicates that the first frequency change and the second frequency change occur during different time segments (para 0012, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10)
Claim 4: Gulati discloses the FMCW waveform configuration indicates that the second frequency is held constant during a time segment from the first frequency change to the second frequency change (para 0106-0111 “chirp duration”)
Claim 5: Gulati discloses the FMCW waveform configuration indicates one or more time segments (para 0106-0111 “chirp duration”)
Claim 6: Gulati discloses a start time of each time segment of the one or more time segments, an end time of each time segment of the one or more time segments, or any combination thereof is aligned with: an orthogonal frequency-division multiplexing (OFDM) symbol boundary; an OFDM slot boundary; or any combination thereof (para 0070, 0071, 0087-0089, 0106-0111)
Claim 7: Gulati discloses the FMCW waveform configuration indicates: a start time of each time segment of the one or more time segments; an end time of each time segment of the one or more time segments; a duration of each time segment of the one or more time segments; the first frequency; the second frequency; the third frequency; or any combination thereof (para 0070, 0071, 0087-0089, 0106-0111)
Claim 8: Gulati discloses the one or more time segments comprise: a first time segment, before the first frequency change occurs, during which the FMCW waveform has the first frequency; a second time segment, in which the first frequency change from the first frequency to the second frequency occurs; a third time segment, after the first frequency change occurs and before the second frequency change occurs, during which the FMCW waveform has the second frequency; a fourth time segment, in which the second frequency change from the second frequency to the third frequency occurs; a fifth time segment, after the second frequency change occurs, during which the FMCW waveform has the third frequency; or any combination thereof (para 0070, 0071, 0087-0089, 0106-0111)
Claim 9: Gulati discloses the first time segment of the FMCW waveform is used for automatic gain control adjustment, radio frequency retuning, or any combination thereof (para 0070, 0071, 0087-0089, 0106-0111)
Claim 10: Gulati discloses the one or more processors, either alone or in combination, are further configured to retune a radio frequency chain of the node during the third time segment (para 0070, 0071, 0087-0089, 0106-0111)
Claim 11: Gulati discloses a duration of the third time segment is greater than a retuning gap, of the node, for switching from the first slope to the second slope (para 0070, 0071, 0087-0089, 0106-0111)
Claim 12: Gulati discloses the third time segment, the fifth time segment, or any combination thereof, are used for: phase noise (PN) correction; channel estimation; tracking of time offset; frequency offset; radio frequency retuning; or any combination thereof (para 0070, 0071, 0087-0089, 0106-0111)
Claim 13: Gulati discloses the first frequency, the second frequency, and the third frequency are each within a sub-band of a bandwidth part (para 0012, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10)
Claim 14: Gulati discloses the FMCW waveform is received in a first frequency range comprising the first frequency, the second frequency, and the third frequency (para 0012, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10)
Claim 15: Gulati discloses one or more processors, either alone or in combination, are further configured to receive, via the one or more transceivers, a configuration of a plurality of frequency ranges, wherein the FMCW waveform configuration is associated with each of the plurality of frequency ranges (para 0012, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10)
Claim 16: Gulati discloses each of the plurality of frequency ranges is: a sub-band of an active bandwidth part; a virtual carrier associated with flexible spectrum integration (FSI); a carrier associated with carrier aggregation (CA); a carrier group associated with dual connectivity (DC); or any combination thereof (para 0012, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10)
Claim 17: Gulati discloses the one or more processors, either alone or in combination, are further configured to sweep the plurality of frequency ranges to receive one or more FMCW waveforms based on the configuration of the plurality of frequency ranges (para 0012, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10)
Claim 18: Gulati discloses the configuration of the plurality of frequency ranges indicates to sweep the plurality of frequency ranges to receive one or more FMCW waveforms based on the FMCW waveform configuration (para 0012, 0017, 0018, 0075, 0091, 0106-0111, 0121, 0122, fig 7A, 7B, 10)
Claim 19: Gulati discloses the configuration of the plurality of frequency ranges is received in a radio resource control (RRC) message, a medium access control control element (MAC CE), or a downlink control information (DCI). (para 0081)
Claim 20: Gulati discloses the one or more processors, either alone or in combination, are further configured to receive, via the one or more transceivers, two or more FMCW waveforms based on the FMCW waveform configuration, wherein: the one or more processors, either alone or in combination, are further configured to receive, via the one or more transceivers, the FMCW waveform in a first frequency range; and the one or more processors, either alone or in combination, are further configured to receive, via the one or more transceivers, a second FMCW waveform in a second frequency range, simultaneous to receiving the FMCW waveform in the first frequency range (para 0012, 0017, 0018, 0075, 0091, 0106-0111, 0121, 0122, fig 7A, 7B, 10)
Claim 21: Gulati discloses the two or more FMCW waveforms further comprise: a third FMCW waveform in a third frequency range, received after receiving the FMCW waveform and the second FMCW waveform; and a fourth FMCW waveform in a fourth frequency range, received simultaneous to the third FMCW waveform (para 0012, 0017, 0018, 0075, 0091, 0106-0111, 0121, 0122, fig 7A, 7B, 10)
Claim 22: Gulati discloses the FMCW waveform is received with a single radio frequency chain, a single voltage controlled oscillator (VCO), a single phase-locked loop (PLL), or any combination thereof (fig 4, fig 15 element 1513)
Claim 23: Gulati discloses the FMCW waveform is received based on application of a matched filter to the received FMCW waveform based on the FMCW waveform configuration, the first slope, the second slope, or any combination thereof (para 0088, 0131, 0132)
Claim 24: Gulati discloses the FMCW waveform configuration indicates a cell, and the one or more processors, either alone or in combination, are further configured to detect a presence of the cell based on receiving the FMCW waveform having the FMCW waveform configuration (para 0061, 0063, 0074)
Claim 25: Gulati discloses the FMCW waveform is multiplexed with one or more of, a control signal, data, a reference signal, or any combination thereof (para 0087)
Claim 26: Gulati discloses A method of wireless communication performed by a node comprising:
transmitting or receiving a frequency modulated continuous wave (FMCW) waveform configuration, (para 0005-0007, 0013-0018), wherein the FMCW waveform configuration indicates:
a first slope of a first frequency change from a first frequency to a second frequency (para 0013, 0014, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10); and
a second slope of a second frequency change from the second frequency to a third frequency (para 0014, 0015, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10); and
transmit or receive an FMCW waveform based on the FMCW waveform configuration (para 0005-0007, 0013-0018)
Claim 27: Gulati discloses the FMCW waveform configuration comprises a first parameter indicating a first real number corresponding to the first slope and a second parameter indicating a second real number corresponding to the second slope (para 0012, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10)
Claim 28: Gulati discloses the FMCW waveform configuration indicates that the first frequency change and the second frequency change occur during different time segments (para 0012, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10)
Claim 29: Gulati discloses A node, comprising: means for transmitting or receiving a frequency modulated continuous wave (FMCW) waveform configuration (para 0005-0007, 0013-0018), wherein the FMCW waveform configuration indicates:
a first slope of a first frequency change from a first frequency to a second frequency (para 0013, 0014, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10); and
a second slope of a second frequency change from the second frequency to a third frequency (para 0014, 0015, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10); and
transmit or receive an FMCW waveform based on the FMCW waveform configuration (para 0005-0007, 0013-0018)
Claim 30: Gulati discloses A non-transitory computer-readable medium storing computer-executable instructions (para 0009) that, when executed by a node, cause the node to:
transmit or receive a frequency modulated continuous wave (FMCW) waveform configuration (para 0005-0007, 0013-0018), wherein the FMCW waveform configuration indicates:
a first slope of a first frequency change from a first frequency to a second frequency (para 0013, 0014, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10); and
a second slope of a second frequency change from the second frequency to a third frequency (para 0014, 0015, 0017, 0018, 0075, 0091, 0111, 0121, 0122, fig 7A, 7B, 10); and
transmit or receive an FMCW waveform based on the FMCW waveform configuration (para 0005-0007, 0013-0018)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER M BYTHROW whose telephone number is (571)270-1468. The examiner can normally be reached on Monday-Friday 830am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at (571) 270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER M BYTHROW/Primary Examiner, Art Unit 3648
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