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 Objections
Claims 6 and 12 are objected to because of the following informalities: please indicate in the claim at least once for what the acronyms stands, such as NG-RAN. Appropriate correction is required.
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 1-13 are 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. Parents claims recite: “information transceiving apparatus applicable to a first network device” and “apparatus for transceiving information, applicable to a second network device”; it is unclear if the information transceiving apparatus and first network device are the same and if the apparatus for transceiving information, and the second network device are the same too. Please clarify.
Claim 5-6, 11-12 recites the limitation "fourth and fifth indication information". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-4, 7-10 and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu 20240080881.
As to claim 1, Liu discloses an information transceiving apparatus, applicable [language that suggest but does not require; same structure will have same applicability] to a first network device to which a first cell belongs, the apparatus comprising:
a transmitter configured to transmit third indication information [462: Msg3 repetition configuration or 468] to a second network device, the third indication information being used to [intended use] indicate the first network device to transmit a first synchronization signal block (SSB) of the first cell that should be transmitted (see par. 0048, 0050).
As to claim 2, Liu discloses the apparatus according to claim 1, wherein the third indication information indicates an SSB index of the first SSB (see par. 0050-0051).
As to claim 3, Liu discloses the apparatus according to claim 1, wherein a number of the first cell(s) in the third indication information is one or more (see par. 0047).
As to claim 4, Liu discloses the apparatus according to claim 1, wherein the transmitter transmits the third indication information to the second network device during an Xn procedure, wherein the third indication information is carried by an Xn message (see par. 0149).
Regarding claims 7-10, they are the corresponding apparatus for transceiving information, applicable to a second network device of information transceiving apparatus, applicable to a first network device claims 1-4. Therefore, claims 7-10 are rejected for the same reasons as shown above.
Regarding claim 13, is the corresponding system claim of information transceiving apparatus, applicable to a first network device claim 1. Therefore, claim 13 is rejected for the same reasons as shown above.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5-6 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liu.
As to claims 5-6 and 11-12, Liu discloses the apparatus according to claim 1, wherein the transmitter transmits the third indication information, the fourth indication information and/or the fifth indication information to the second network device during an Xn procedure, wherein the third indication information and/or the fourth indication information and/or the fifth indication information is/are carried by serving cell information (see par. 0030, 0042, 0149). Liu fails to disclose NG-RAN, connection establishment procedure, an Xn setup request or Xn setup response message. However, since Liu discloses using the Xn protocol and 3GPP (see par. 0042), OFFICIAL NOTICE IS TAKEN that it would be obvious to use NG-RAN, a connection establishment procedure, an Xn setup request or Xn setup response message since they are part of the Xn protocol. Therefore, it would have been obvious to one of the ordinary skills in the art before the effective filing date of the present invention to use messages from common and well-known protocols for the simple purpose of maintaining compatibility with existing standards.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCOS L TORRES whose telephone number is (571)272-7926. The examiner can normally be reached 10:00 AM - 6:00 PM M-F.
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MARCOS L. TORRES
Primary Examiner
Art Unit 2647
/MARCOS L TORRES/Primary Examiner, Art Unit 2647
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