DETAILED ACTION
This communication is responsive to Application No. 18/956,257 filed on 22 November 2024. Claims 1-20 are subject to 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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character not mentioned in the description: character 192 in figure 19. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “the first module acquires first TDD configuration” in claim 1, “the second TDD configuration being at least used by the second module to receive a third signal from a second network device at a second band” in claim 1, “acquire first TDD configuration via a first module" in claim 20, and “the second TDD configuration being at least used by a second module to receive a third signal from a second network device at a second band” in claim 20.
A first module is recognized to be a mobile termination (MT) of a repeater (Instant Application: page 15, lines 10-11). A second module is recognized to be a forwarding module/unit of a repeater (Instant Application: page 15, lines 10-11).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 and 20 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claims 1 and 20, claims 1 and 20 each recite the limitation "TDD". This limitation renders the claim indefinite by failing to define or spell out the term.
Regarding Claim 1, claim 1 recites the limitation “transmit a signal to the first network device” (Emphasis Added) in lines 3-4. The limitation renders the claim indefinite because it is unclear if the “a signal” from lines 3-4 is the same “a signal” from line 3 of claim 1. For purposes of examination, examiner interprets the signal from line 3 as “a first signal” and the signal from lines 3-4 as “a second signal”.
Regarding Claim 3, claim 3 recites the limitation “the second module of the repeater” (Emphasis Added). There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, examiner interprets “the repeater” to be the “A communication device” previously recited in line 1 of claim 1.
Regarding Claims 8, claims 8 recites the limitation “the first uplink carrier and the first downlink carrier”. This limitation renders the claim indefinite because both carriers are not guaranteed to exist because the parent claim 7 recites the limitation “a first downlink carrier and/or a first uplink carrier”.
Regarding Claims 10, claims 10 recites the limitation “the second uplink carrier and the second downlink carrier”. This limitation renders the claim indefinite because both carriers are not guaranteed to exist because the parent claim 9 recites the limitation “a second downlink carrier and/or a second uplink carrier”.
Regarding Claims 2-18, claims 2-18 each depend on independent claim 1 and therefore, inherit the 35 U.S.C. 112 issues of claim 1.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 5, and 7-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Li et al. (US 20230268982 A1, hereinafter "Li").
Regarding Claim 1, Li teaches A communication device comprising a first module and a second module (Li: FIG. 1 shows an example NCR model 100, which includes the NCR mobile termination (NCR-MT) 120 and NCR forwarding function (NCR-Fwd) 130, see Fig. 1 and Paragraph [0007]),
the first module acquires first TDD configuration, the first TDD configuration being at least used by the first module to receive a signal from a first network device and/or transmit a signal to the first network device at a first band (Li: For the TDD UL/DL configuration of network controller repeater, at least semi-static TDD UL/DL configuration is needed for network-controlled repeater for links including C-link; In this embodiment, the initial configurations of the NCR 102 are configured or pre-configured by an operations, administration, and maintenance (OAM) entity/element (e.g., OAM 150 in FIG. 2) … The configuration includes all necessary information for establishing a connection for transfer of further configurations, including configuration for initial access, unique signature of the NCR 102 (referred to herein as an “NCR-sig”, “NCR-id”, and/or the like), candidate/assigned gNB(s) 2316 for the NCR 102 to access, see Figs. 1 and 2 and Paragraph [0019] and [0027]. [Examiner contends that the OAM entity/element exists within the gNB]);
the first module acquires second TDD configuration (Li: The NCR-MT 120 is a function entity that communicate with a gNB 2316 via a control link (C-link) to enable exchange of control information (e.g., side control information at least for the control of NCR-Fwd 130), see Paragraph [0011]), the second TDD configuration being at least used by the second module to receive a third signal from a second network device at a second band, the third signal being used to be forwarded (Li: The NCR-Fwd 130 is a function entity that performs the amplify-and-forwarding operations/functions of UL/DL RF signal(s) between the gNB 2316 and the UE 2302 via a backhaul link and access link, see Fig. 1 and Paragraph [0008]. [Examiner contends that the UE is the second network device]), and/or, the second TDD configuration being at least used by the second module to forward a processed fourth signal to the second network device at the second band (Li: The NCR-Fwd 130 is a function entity that performs the amplify-and-forwarding operations/functions of UL/DL RF signal(s) between the gNB 2316 and the UE 2302 via a backhaul link and access link, see Fig. 1 and Paragraph [0008]. [Examiner contends that the NCR-Fwd is agnostic to whether the signal being forwarded has been processed or not]); and
the first band and the second band do not overlap in a frequency domain (Li: at least one of the NCR-MT's 120 carrier(s) operates in a different frequency band than the frequency band forwarded by the NCR-Fwd 130, see Paragraph [0009]. [Examiner contends that this includes all NCR-MT carriers operating in a different frequency band than the NCR-Fwd]).
Regarding Claim 2, Li teaches The device according to claim 1, wherein the second TDD configuration is further used by the second module to transmit a processed third signal at the second band, and/or receive the fourth signal at the second band (Li: The NCR-Fwd 130 is a function entity that performs the amplify-and-forwarding operations/functions of UL/DL RF signal(s) between the gNB 2316 and the UE 2302 via a backhaul link and access link, see Fig. 1 and Paragraph [0008]. [Examiner contends that the NCR-Fwd is agnostic to whether the signal being forwarded has been processed or not]).
Regarding Claim 3, Li teaches The device according to claim 1, wherein the first TDD configuration and/or the second TDD configuration is/are used to determine a forwarding direction of the second module of the repeater and/or whether to forward (Li: The NCR-MT 120 is a function entity that communicate with a gNB 2316 via a control link (C-link) to enable exchange of control information (e.g., side control information at least for the control of NCR-Fwd 130); The behavior of the NCR-Fwd 130 is controlled according to the received side control information from the gNB 2316, see Paragraphs [0007] and [0008]).
Regarding Claim 5, Li teaches The device according to claim 1, wherein the first band is located in a first frequency range, and the second band is located in a second frequency range (Li: at least one of the NCR-MT's 120 carrier(s) operates in a different frequency band than the frequency band forwarded by the NCR-Fwd 130, see Paragraph [0009]. [Examiner contends that this includes all NCR-MT carriers operating in a different frequency band than the NCR-Fwd]).
Regarding Claim 7, Li teaches The device according to claim 1, wherein the first band comprises a first carrier, the first carrier comprising a first downlink carrier and/or a first uplink carrier (Li: at least one of the NCR-MT's 120 carrier(s) operates in a different frequency band than the frequency band forwarded by the NCR-Fwd 130, see Paragraph [0009]).
Regarding Claim 8, Li teaches The device according to claim 7, wherein the first uplink carrier and the first downlink carrier are located at the same position in a frequency domain or do not overlap in the frequency domain (Li: For the TDD UL/DL configuration of network controller repeater, at least semi-static TDD UL/DL configuration is needed for network-controlled repeater for links including C-link, backhaul link and access link, see Paragraph [0019]).
Regarding Claim 9, Li teaches The device according to claim 1, wherein the second band comprises a second carrier, the second carrier comprising a second downlink carrier and/or a second uplink carrier (Li: at least one of the NCR-MT's 120 carrier(s) operates in a different frequency band than the frequency band forwarded by the NCR-Fwd 130; Beam correspondence is assumed to apply for DL/UL of the backhaul link at the NCR-Fwd 130, see Paragraphs [0009] and [0013]. [Examiner contends that all RF uplink and downlink signals use carriers]).
Regarding Claim 10, Li teaches The apparatus according to claim 9, wherein the second uplink carrier and the second downlink carrier are located at the same position in the frequency domain or do not overlap in the frequency domain (Li: For the TDD UL/DL configuration of network controller repeater, at least semi-static TDD UL/DL configuration is needed for network-controlled repeater for links including C-link, backhaul link and access link, see Paragraph [0019]).
Regarding Claim 11, Li teaches The device according to claim 1, wherein
the first module receives information for indicating the first TDD configuration and/or the second TDD configuration (Li: The NCR-MT 120 is a function entity that communicate with a gNB 2316 via a control link (C-link) to enable exchange of control information (e.g., side control information at least for the control of NCR-Fwd 130), see Paragraph [0011]).
Regarding Claim 12, Li teaches The device according to claim 11, wherein the information for indicating the first TDD configuration and/or the second TDD configuration is carried by dynamic signaling and/or semi-static signaling (Li: On the flexible symbols based on the semi-static configuration (e.g., TDD-UL-DL-ConfigCommon, TDD-UL-DL-ConfigDedicated), the following behaviors of the NCR-Fwd 130 are considered: … (ii) the NCR-Fwd 130 will follow the TDD operation determined by NCR-MT 120 ... (iii) the NCR-Fwd 130 will follow a new dynamic side control signaling of DL/UL forwarding over these symbols to NCR-Fwd 130, see Paragraph [0019]).
Regarding Claim 13, Li teaches The device according to claim 12, wherein the dynamic signaling is downlink control information or a physical downlink control channel (Li: Step 3: the gNB 2316 sends PDCCH downlink control information (DCI) Format 1_0 [RA-RNTI] to the NCR 102. The PDCCH DCI Format 1_0 includes configuration/information such as, for example, frequency domain (FD) resource assignment, time domain (TD) resource assignment, DL MCS for random access response (RAR), and/or other relevant parameters/data, see Fig. 17 and Paragraph [0112]).
Regarding Claim 14, Li teaches The device according to claim 12, wherein the semi-static signaling is media access control control element signaling or radio resource control signaling (Li: The side control information includes, for example, beam information; When the beam of backhaul link is indicated by a new signaling, the new signaling is dynamic signaling and/or semi-static signaling (e.g., RRC signaling/MAC CE) indicating a beam(s) from the set of beams of the C-link, see Paragraphs [0012] and [0014]).
Regarding Claim 15, Li teaches The device according to claim 1, wherein
the first module receives and/or transmits signals at the second band (Li: In some implementations, the NCR-MT 120 and the NCR-Fwd 130 operate in the same frequency band, see Paragraph [0009]).
Regarding Claim 16, Li teaches The device according to claim 11, wherein
the first module receives the information for indicating the first TDD configuration and/or the second TDD configuration at a first downlink carrier and/or a second downlink carrier (Li: For the TDD UL/DL configuration of network controller repeater, at least semi-static TDD UL/DL configuration is needed for network-controlled repeater for links including C-link, see Fig. 1 and Paragraph [0019]. [Examiner contends that all RF uplink and downlink signals use carriers]).
Regarding Claim 17, Li teaches The device according to claim 11, wherein the information for indicating the first TDD configuration and/or the second TDD configuration is in system information and/or first cell configuration information and/or second cell configuration information (Li: In the first option (see e.g., FIG. 12), if the gNB 2316 supports NCR, it includes an NCR-support indication (“ncr-Support”) in its master information block (MIB) and/or system information block (SIB), see Fig. 12 and Paragraph [0087]).
Regarding Claim 18, Li teaches The device according to claim 1, wherein the first TDD configuration and/or the second TDD configuration is/are cell-specific and/or repeater-specific (Li: Additionally or alternatively, the NCR-MT 120 and the NCR-Fwd 130 camp on different cells (e.g., the NCR-MT 120 and the UE 2302 connect to different cells, where the different cells are provided by the same gNB 2316 or the different cells are provided by different gNBs 2316), see Paragraph [0009]).
Regarding Claim 19, Li teaches A network device, comprising:
a transmitter configured to transmit a signal to a mobile terminal of a repeater (Li: The NCR-MT 120 is a function entity that communicate with a gNB 2316 via a control link (C-link), see Fig. 1 and Paragraph [0007]), and/or,
a receiver configured to receive a signal from the mobile terminal of the repeater (Li: The NCR-MT 120 is a function entity that communicate with a gNB 2316 via a control link (C-link), see Fig. 1 and Paragraph [0007]).
Regarding Claim 20, Li teaches A communication system, comprising a network device, a terminal equipment and a repeater (Li: FIG. 1 shows an example NCR model 100, which includes the NCR mobile termination (NCR-MT) 120 and NCR forwarding function (NCR-Fwd) 130; The NCR-Fwd 130 is a function entity that performs the amplify-and-forwarding operations/functions of UL/DL RF signal(s) between the gNB 2316 and the UE 2302, see Fig. 1 and Paragraphs [0007] and [0008]), wherein
the network device is configured to transmit a signal to and/or receive a signal from the repeater (Li: The NCR-MT 120 is a function entity that communicate with a gNB 2316 via a control link (C-link), see Fig. 1 and Paragraph [0007]); and/or, the network device is configured to transmit a signal to the terminal equipment via the repeater and/or receive a signal from the terminal equipment via the repeater (Li: The NCR-Fwd 130 is a function entity that performs the amplify-and-forwarding operations/functions of UL/DL RF signal(s) between the gNB 2316 and the UE 2302 via a backhaul link and access link, see Fig. 1 and Paragraph [0008]);
the repeater is configured to:
acquire first TDD configuration via a first module, the first TDD configuration being at least used by the first module to receive a signal from a first network device and/or transmit a signal to the first network device at a first band (Li: For the TDD UL/DL configuration of network controller repeater, at least semi-static TDD UL/DL configuration is needed for network-controlled repeater for links including C-link; In this embodiment, the initial configurations of the NCR 102 are configured or pre-configured by an operations, administration, and maintenance (OAM) entity/element (e.g., OAM 150 in FIG. 2) … The configuration includes all necessary information for establishing a connection for transfer of further configurations, including configuration for initial access, unique signature of the NCR 102 (referred to herein as an “NCR-sig”, “NCR-id”, and/or the like), candidate/assigned gNB(s) 2316 for the NCR 102 to access, see Figs. 1 and 2 and Paragraph [0019] and [0027]. [Examiner contends that the OAM entity/element exists within the gNB]),
acquire second TDD configuration via the first module (Li: The NCR-MT 120 is a function entity that communicate with a gNB 2316 via a control link (C-link) to enable exchange of control information (e.g., side control information at least for the control of NCR-Fwd 130), see Paragraph [0011]), the second TDD configuration being at least used by a second module to receive a third signal from a second network device at a second band, the third signal being used to be forwarded (Li: The NCR-Fwd 130 is a function entity that performs the amplify-and-forwarding operations/functions of UL/DL RF signal(s) between the gNB 2316 and the UE 2302 via a backhaul link and access link, see Fig. 1 and Paragraph [0008]. [Examiner contends that the UE is the second network device]), and/or, the second TDD configuration being at least used by the second module to forward a processed fourth signal to the second network device at the second band (Li: The NCR-Fwd 130 is a function entity that performs the amplify-and-forwarding operations/functions of UL/DL RF signal(s) between the gNB 2316 and the UE 2302 via a backhaul link and access link, see Fig. 1 and Paragraph [0008]. [Examiner contends that the NCR-Fwd is agnostic to whether the signal being forwarded has been processed or not]); and
the first band and the second band do not overlap in a frequency domain (Li: at least one of the NCR-MT's 120 carrier(s) operates in a different frequency band than the frequency band forwarded by the NCR-Fwd 130, see Paragraph [0009]. [Examiner contends that this includes all NCR-MT carriers operating in a different frequency band than the NCR-Fwd]).
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.
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Rudolf et al (US 20230283358 A1, hereinafter "Rudolf").
Regarding Claim 4, Li teaches The device according to claim 1, but fails to explicitly teach, wherein first subcarrier spacings of the first TDD configuration and the second TDD configuration are identical or different.
However, in the same field of endeavor, Rudolf teaches,
wherein first subcarrier spacings of the first TDD configuration and the second TDD configuration are identical or different (Rudolf: When the different UL component carriers from the UE are all received at the same geographical location, a same TA value can be employed for all UL component carriers. When different UL component carriers are received at different geographical locations, the different UL carriers need different TA values to align the UL Rx timings at the distinct reception sites ... In these cases, LTE and NR group the UL component carriers in Timing Advance Groups (TAGs) and different TA commands apply to different TAGs. All component carriers in the same group are subject to the same TA command. The TA step size is determined by the highest SCS among the carriers in a TAG, see Paragraph [0104]).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Li to include the teachings of Rudolf as above, in order to reduce the implementation complexity of the smart repeaters (Rudolf: Paragraph [0167]).
Regarding Claim 6, Li-Rudolf teaches The device according to claim 1, wherein subcarrier spacings of the first band and the second band are different (Rudolf: When different UL component carriers are received at different geographical locations, the different UL carriers need different TA values to align the UL Rx timings at the distinct reception sites ... In these cases, LTE and NR group the UL component carriers in Timing Advance Groups (TAGs) and different TA commands apply to different TAGs. All component carriers in the same group are subject to the same TA command. The TA step size is determined by the highest SCS among the carriers in a TAG, see Paragraph [0104]).
It would have been obvious to one of ordinary skill in the art at the time of invention to modify the method of Li to include the teachings of Rudolf as above, in order to reduce the implementation complexity of the smart repeaters (Rudolf: Paragraph [0167]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX YEOH whose telephone number is (571)270-0890. The examiner can normally be reached Monday - Friday, 8 a.m. - 5 p.m. ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached at (571)270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.Y./Examiner, Art Unit 2416
/NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416
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