CTNF 17/475,465 CTNF 91699 DETAILED ACTION The office action is a response to an application filed on June 23, 2017, wherein claims 1-6, 7-10, 11-14, 20, 25-30 and 32 are pending and ready for examination. Notice of Pre-AIA or AIA Status 07-03-fti AIA The present application is being examined under the pre-AIA first to invent provisions. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-fti The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-fti Claim s 1-6, 8-10, 11-14, 20, 25-30 and 32 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Charbit et al. ( Charbit hereafter) (US 20140036742 A1) in view of Yali Zhao ( Zhao hereafter) (CN 107075993 A) (IDS provided) . Regarding claim 1 Charbit teaches, A method, comprising: receiving by a device (Charbit; fig. 6 [0057] The network 12 may include a collection of various different nodes, devices or functions that may be in communication with each other via corresponding wired and/or wireless interfaces. For example, the network may include one or more base stations, such as one or more node Bs, evolved node Bs (eNBs), access points or the like, each of which may serve a coverage area divided into one or more cells) capable of carrier aggregation (supports carrier aggregation) at least two different time division duplexing configurations for different serving cells (primary cell and a secondary cell) (Charbit; [0036] for defining a common on-duration timer and a common inactivity timer for a primary cell and a secondary cell in a time division duplex (TDD) network that supports carrier aggregation) , individual ones of the at least two different time division duplexing configurations (TDD UL/DL subframe configurations) having a same number of a plurality of subframes (plurality of subframes SF0-SF9) for different serving cells (primary cell and a secondary cell) , and PNG media_image1.png 289 495 media_image1.png Greyscale (Fig 2. Is a TDD UL/DL subframe configurations of a primary cell and a secondary cell that shows plurality of subframes SF0-SF9 ) {Examiner is construing Fig. 2 shows primary cell and secondary cell TDD UL/DL configurations with same number of SF0-SF9. In [0008] the mobile terminal may maintain an active state for the first 5 subframes (including 4 PDDCH subframes and an UL subframe) and may then become inactive [0013],[0071] FIG. 8. In order to define the active state of the primary cell to be larger than the active state of the secondary cell, the apparatus may include means, such as a processing circuitry, the processor or the like, for defining different inactivity timers for the primary and secondary cells that Charbit teaches a common discontinuous reception operation at the device to each of the different serving cells. Further in [0075] the on-duration timer and the inactivity timer have been defined to be the same or in common for both the primary and secondary cells.} Charbit fails to explicitly teach, operating at least one timer function to perform discontinuous reception from the different serving cells comprising counting of subframes according to a predefined rule of counting of each of the plurality of subframes in the at least two different time division duplexing configurations for the different serving cells to determine timing based on the at least one timer function of a common discontinuous reception operation at the device to each of the different serving cells operating at least one timer function (onDurationTimer) to perform discontinuous reception (DRX-related timer) from the different serving cells comprising counting of subframes according to a predefined rule of counting ([page 14 para 11] Example four: and determining the length of the DRX timer with the PDCCH subframe number as a length statistic unit, wherein the reference base station is used for configuring or configuring and activating all cells for the terminal, and the cell with the longest absolute operation time of the timer is obtained according to the PDCCH subframe number statistics) of each of the plurality of subframes in the at least two different time division duplexing configurations (terminal support different TDD UL/DL configurations) for the different serving cells (UL/DL configurations of different cells) to determine timing based on the at least one timer function of a common discontinuous reception operation at the device to each of the different serving cells (Cell1 and Cell2) PNG media_image2.png 211 610 media_image2.png Greyscale (Zhao; [page 14 para 11] Example four: and determining the length of the DRX timer with the PDCCH subframe number as a length statistic unit, wherein the reference base station is used for configuring or configuring and activating all cells for the terminal, and the cell with the longest absolute operation time of the timer is obtained according to the PDCCH subframe number statistics [page 7 para 12] in R11, if the cells aggregated by the terminal support different TDD UL/DL configurations, according to the UL/DL configurations of different cells, the counted timing durations of DRX related timers (including onDurationTimer, DRX-inactivity timer, and DRX-retransmission timer) with the number of PDCCH subframes as the length statistic… In step 61 -step 62 the method for the base station to determine the timing duration of the DRX related timer may be: taking a subframe when a timer in selected TDD uplink/downlink configuration is started as an initial subframe, and determining a termination subframe when the DRX related timer is overtime in the TDD uplink/downlink configuration according to timer length information configured for the DRX-related timer, so that the number of PDCCH subframes contained in a time period... [page14 3 rd para] fig. 7A, at time t0, the terminal starts the onDurationTimer, the onDurationTimer has a length of 5 PDCCH subframes, and the onDurationTimer will time out after t0+5ms according to the PDCCH subframe statistics on the PCell. [0141] PDCCH sub-frames as the length counting unit of the DRX timer length determination reference for terminal configuration or the configured and activated for all cell one wireless frame in PDCCH sub-frame number. [0145] in FIG. 7B, ... onDurationTimer the length is 5 PDCCH sub-frame, counting onDurationTimer... according to PDCCH sub-frames in the Scell is onDurationTimer...) (See Fig. 4, Fig. 7B) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Charbit to include the above recited limitations as taught by Zhao in order to support different TDD UL/DL configurations, and then maintain the DRX related timer (Zhao; [page 14]). Regarding claim 2 Charbit teaches, A method, comprising: sending, from one or more serving cells to a device (Charbit; fig. 6 [0057] The network 12 may include a collection of various different nodes, devices or functions that may be in communication with each other via corresponding wired and/or wireless interfaces. For example, the network may include one or more base stations, such as one or more node Bs, evolved node Bs (eNBs), access points or the like, each of which may serve a coverage area divided into one or more cells) capable of carrier aggregation (supports carrier aggregation) at least two different time division duplexing configurations for different serving cells (primary cell and a secondary cell) (Charbit; [0036] for defining a common on-duration timer and a common inactivity timer for a primary cell and a secondary cell in a time division duplex (TDD) network that supports carrier aggregation) , individual ones of the at least two different time division duplexing configurations (TDD UL/DL subframe configurations) having a same number of a plurality of subframes (plurality of subframes SF0-SF9) for different serving cells (primary cell and a secondary cell) , and PNG media_image1.png 289 495 media_image1.png Greyscale (Fig 2. Is a TDD UL/DL subframe configurations of a primary cell and a secondary cell that shows plurality of subframes SF0-SF9 ) {Examiner is construing Fig. 2 shows primary cell and secondary cell TDD UL/DL configurations with same number of SF0-SF9. In [0008] the mobile terminal may maintain an active state for the first 5 subframes (including 4 PDDCH subframes and an UL subframe) and may then become inactive [0013],[0071] FIG. 8. In order to define the active state of the primary cell to be larger than the active state of the secondary cell, the apparatus may include means, such as a processing circuitry, the processor or the like, for defining different inactivity timers for the primary and secondary cells that Charbit teaches a common discontinuous reception operation at the device to each of the different serving cells. Further in [0075] the on-duration timer and the inactivity timer have been defined to be the same or in common for both the primary and secondary cells.} controlling, with the one or more serving cells, discontinuous communications with the device to each of the different serving cells based on the predefined rule of counting (Charbit; [0069] a subset of the DRX parameters are defined to be common for both the primary and secondary cells, while another subset of the DRX parameters are defined to be unique to the respective primary and secondary cells. In this regard, the set of DRX parameters that are common or identical for the primary and secondary cells may include the DRX cycle, the on-duration timer) based on the predefined rule of counting (Charbit; [0070] In addition, the on-duration timer may be set equal to a predefined number of PDCCH subframes designated sfx in which x is less than or equal to y. In this context, it is noted that the PDCCH subframes are those subframes that are either DL subframes or special subframes, but not UL subframes.)([0008]) Charbit fails to explicitly teach, wherein the plurality of subframes each of the at least two different time division duplexing configurations are counted for purpose of operating at least one timer function for discontinuous reception according to a predefined rule of counting for timing based on the at least one timer function of a common discontinuous reception operation at the device to each of the different serving cells. wherein the plurality of subframes each of the at least two different time division duplexing configurations are counted for purpose of operating at least one timer function (onDurationTimer) for discontinuous reception (DRX-related timer) according to a predefined rule of counting for timing ([page 14 para11] Example four: and determining the length of the DRX timer with the PDCCH subframe number as a length statistic unit, wherein the reference base station is used for configuring or configuring and activating all cells for the terminal, and the cell with the longest absolute operation time of the timer is obtained according to the PDCCH subframe number statistics) based on the at least one timer function of a common discontinuous reception operation at the device to each of the different serving cells (terminal support different TDD UL/DL configurations… (UL/DLconfigurations of different cells)) . PNG media_image2.png 211 610 media_image2.png Greyscale (Zhao; [page 14 para 11] Example four: and determining the length of the DRX timer with the PDCCH subframe number as a length statistic unit, wherein the reference base station is used for configuring or configuring and activating all cells for the terminal, and the cell with the longest absolute operation time of the timer is obtained according to the PDCCH subframe number statistics [page 7 para 12] in R11, if the cells aggregated by the terminal support different TDD UL/DL configurations, according to the UL/DL configurations of different cells, the counted timing durations of DRX related timers (including onDurationTimer, DRX-inactivity timer, and DRX-retransmission timer) with the number of PDCCH subframes as the length statistic… In step 61 -step 62 the method for the base station to determine the timing duration of the DRX related timer may be: taking a subframe when a timer in selected TDD uplink/downlink configuration is started as an initial subframe, and determining a termination subframe when the DRX related timer is overtime in the TDD uplink/downlink configuration according to timer length information configured for the DRX-related timer, so that the number of PDCCH subframes contained in a time period... [page14 3 rd para] fig. 7A, at time t0, the terminal starts the onDurationTimer, the onDurationTimer has a length of 5 PDCCH subframes, and the onDurationTimer will time out after t0+5ms according to the PDCCH subframe statistics on the PCell. [0141] PDCCH sub-frames as the length counting unit of the DRX timer length determination reference for terminal configuration or the configured and activated for all cell one wireless frame in PDCCH sub-frame number. [0145] in FIG. 7B, ... onDurationTimer the length is 5 PDCCH sub-frame, counting onDurationTimer... according to PDCCH sub-frames in the Scell is onDurationTimer...) (See Fig. 4, Fig. 7B) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Charbit to include the above recited limitations as taught by Zhao in order to support different TDD UL/DL configurations, and then maintain the DRX related timer (Zhao; [page 14]). Regarding claim 11 Charbit teaches, an apparatus comprising: at least one processor, and at least one memory including computer program code storing instructions, that when executed by the at least one processor, cause the apparatus, at least to: facilitate receiving (Charbit; fig. 6 [0057] The network 12 may include a collection of various different nodes, devices or functions that may be in communication with each other via corresponding wired and/or wireless interfaces. For example, the network may include one or more base stations, such as one or more node Bs, evolved node Bs (eNBs), access points or the like, each of which may serve a coverage area divided into one or more cells) of at least two different time division duplexing configurations for different serving cells (primary cell and a secondary cell) (Charbit; [0036] for defining a common on-duration timer and a common inactivity timer for a primary cell and a secondary cell in a time division duplex (TDD) network that supports carrier aggregation) , individual ones of the at least two different time division duplexing configurations (TDD UL/DL subframe configurations) having a same number of a plurality of subframes (plurality of subframes SF0-SF9) for different serving cells (primary cell and a secondary cell) , and PNG media_image1.png 289 495 media_image1.png Greyscale (Fig 2. Is a TDD UL/DL subframe configurations of a primary cell and a secondary cell that shows plurality of subframes SF0-SF9 ) and {Examiner is construing Fig. 2 shows primary cell and secondary cell TDD UL/DL configurations with same number of SF0-SF9. In [0008] the mobile terminal may maintain an active state for the first 5 subframes (including 4 PDDCH subframes and an UL subframe) and may then become inactive [0013],[0071] FIG. 8. In order to define the active state of the primary cell to be larger than the active state of the secondary cell, the apparatus may include means, such as a processing circuitry, the processor or the like, for defining different inactivity timers for the primary and secondary cells that Charbit teaches a common discontinuous reception operation at the device to each of the different serving cells. Further in [0075] the on-duration timer and the inactivity timer have been defined to be the same or in common for both the primary and secondary cells.} wherein the apparatus is capable of carrier aggregation (Charbit; [0036] for defining a common on-duration timer and a common inactivity timer for a primary cell and a secondary cell in a time division duplex (TDD) network that supports carrier aggregation) Charbit fails to explicitly teach, operate at least one timer function to perform discontinuous reception from the different serving cells comprising counting of subframes according to a predefined rule of counting of each of the plurality of subframes in the at least two different time division duplexing configurations for the different serving cells to determine timing based on the at least one timer function of a common discontinuous reception operation at the device to each of the different serving cells operate at least one timer function (onDurationTimer) to perform discontinuous reception (DRX-related timer) from the different serving cells comprising counting of subframes according to a predefined rule of counting ([page 14 para 11] Example four: and determining the length of the DRX timer with the PDCCH subframe number as a length statistic unit, wherein the reference base station is used for configuring or configuring and activating all cells for the terminal, and the cell with the longest absolute operation time of the timer is obtained according to the PDCCH subframe number statistics) of each of the plurality of subframes in the at least two different time division duplexing configurations (terminal support different TDD UL/DL configurations) for the different serving cells (UL/DL configurations of different cells) to determine timing based on the at least one timer function of a common discontinuous reception operation at the device to each of the different serving cells (Cell1 and Cell2) PNG media_image2.png 211 610 media_image2.png Greyscale (Zhao; [page 14 para 11] Example four: and determining the length of the DRX timer with the PDCCH subframe number as a length statistic unit, wherein the reference base station is used for configuring or configuring and activating all cells for the terminal, and the cell with the longest absolute operation time of the timer is obtained according to the PDCCH subframe number statistics [page 7 para 12] in R11, if the cells aggregated by the terminal support different TDD UL/DL configurations, according to the UL/DL configurations of different cells, the counted timing durations of DRX related timers (including onDurationTimer, DRX-inactivity timer, and DRX-retransmission timer) with the number of PDCCH subframes as the length statistic… In step 61 -step 62 the method for the base station to determine the timing duration of the DRX related timer may be: taking a subframe when a timer in selected TDD uplink/downlink configuration is started as an initial subframe, and determining a termination subframe when the DRX related timer is overtime in the TDD uplink/downlink configuration according to timer length information configured for the DRX-related timer, so that the number of PDCCH subframes contained in a time period... [page14 3 rd para] fig. 7A, at time t0, the terminal starts the onDurationTimer, the onDurationTimer has a length of 5 PDCCH subframes, and the onDurationTimer will time out after t0+5ms according to the PDCCH subframe statistics on the PCell. [0141] PDCCH sub-frames as the length counting unit of the DRX timer length determination reference for terminal configuration or the configured and activated for all cell one wireless frame in PDCCH sub-frame number. [0145] in FIG. 7B, ... onDurationTimer the length is 5 PDCCH sub-frame, counting onDurationTimer... according to PDCCH sub-frames in the Scell is onDurationTimer...) (See Fig. 4, Fig. 7B) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Charbit to include the above recited limitations as taught by Zhao in order to support different TDD UL/DL configurations, and then maintain the DRX related timer (Zhao; [page 14]). Regarding claim 12 Charbit teaches, an apparatus comprising at least one processor, and at least one memory storing instructions, that when executed by the at least one processor, cause the apparatus, at least to (Charbit; FIG. 14, the apparatus 20 of this embodiment may include means, such as the processing circuitry 22, the processor 24) : cause sending, with one or more serving cells to a device, at least two different time division duplexing configurations (Charbit; [0036] for defining a common on-duration timer and a common inactivity timer for a primary cell and a secondary cell in a time division duplex (TDD) network that supports carrier aggregation) , individual ones at least two different time division duplexing configurations for different serving cells (primary cell and a secondary cell) (Charbit; [0036] for defining a common on-duration timer and a common inactivity timer for a primary cell and a secondary cell in a time division duplex (TDD) network that supports carrier aggregation) , individual ones of the at least two different time division duplexing configurations (TDD UL/DL subframe configurations) having a same number of a plurality of subframes (plurality of subframes SF0-SF9) for different serving cells (primary cell and a secondary cell) , and PNG media_image1.png 289 495 media_image1.png Greyscale (Fig 2. Is a TDD UL/DL subframe configurations of a primary cell and a secondary cell that shows plurality of subframes SF0-SF9 ) and {Examiner is construing Fig. 2 shows primary cell and secondary cell TDD UL/DL configurations with same number of SF0-SF9. In [0008] the mobile terminal may maintain an active state for the first 5 subframes (including 4 PDDCH subframes and an UL subframe) and may then become inactive [0013],[0071] FIG. 8. In order to define the active state of the primary cell to be larger than the active state of the secondary cell, the apparatus may include means, such as a processing circuitry, the processor or the like, for defining different inactivity timers for the primary and secondary cells that Charbit teaches a common discontinuous reception operation at the device to each of the different serving cells. Further in [0075] the on-duration timer and the inactivity timer have been defined to be the same or in common for both the primary and secondary cells.} controlling, with the one or more serving cells, discontinuous communications with the device to each of the different serving cells (Charbit; [0069] a subset of the DRX parameters are defined to be common for both the primary and secondary cells, while another subset of the DRX parameters are defined to be unique to the respective primary and secondary cells. In this regard, the set of DRX parameters that are common or identical for the primary and secondary cells may include the DRX cycle, the on-duration timer) based on the predefined rule of counting (Charbit; [0070] In addition, the on-duration timer may be set equal to a predefined number of PDCCH subframes designated sfx in which x is less than or equal to y. In this context, it is noted that the PDCCH subframes are those subframes that are either DL subframes or special subframes, but not UL subframes.)([0008]) wherein the apparatus is for controlling carrier aggregation (Charbit [0036] for defining a common on-duration timer and a common inactivity timer for a primary cell and a secondary cell in a time division duplex (TDD) network that supports carrier aggregation.) Charbit fails to explicitly teach, wherein the plurality of subframes each of the at least two different time division duplexing configurations are counted for purpose of operating at least one timer function for discontinuous reception according to a predefined rule of counting for timing based on the at least one timer function of a common discontinuous reception operation at the device to each of the different serving cells. wherein the plurality of subframes each of the at least two different time division duplexing configurations are counted for purpose of operating at least one timer function (onDurationTimer) for discontinuous reception (DRX-related timer) according to a predefined rule of counting for timing ([page 14] Example four: and determining the length of the DRX timer with the PDCCH subframe number as a length statistic unit, wherein the reference base station is used for configuring or configuring and activating all cells for the terminal, and the cell with the longest absolute operation time of the timer is obtained according to the PDCCH subframe number statistics) based on the at least one timer function of a common discontinuous reception operation at the device to each of the different serving cells (terminal support different TDD UL/DL configurations… (UL/DL configurations of different cells)) . PNG media_image2.png 211 610 media_image2.png Greyscale (Zhao; [page 14 para 11] Example four: and determining the length of the DRX timer with the PDCCH subframe number as a length statistic unit, wherein the reference base station is used for configuring or configuring and activating all cells for the terminal, and the cell with the longest absolute operation time of the timer is obtained according to the PDCCH subframe number statistics [page 7 para 12] in R11, if the cells aggregated by the terminal support different TDD UL/DL configurations, according to the UL/DL configurations of different cells, the counted timing durations of DRX related timers (including onDurationTimer, DRX-inactivity timer, and DRX-retransmission timer) with the number of PDCCH subframes as the length statistic… In step 61 -step 62 the method for the base station to determine the timing duration of the DRX related timer may be: taking a subframe when a timer in selected TDD uplink/downlink configuration is started as an initial subframe, and determining a termination subframe when the DRX related timer is overtime in the TDD uplink/downlink configuration according to timer length information configured for the DRX-related timer, so that the number of PDCCH subframes contained in a time period... [page14 3 rd para] fig. 7A, at time t0, the terminal starts the onDurationTimer, the onDurationTimer has a length of 5 PDCCH subframes, and the onDurationTimer will time out after t0+5ms according to the PDCCH subframe statistics on the PCell. [0141] PDCCH sub-frames as the length counting unit of the DRX timer length determination reference for terminal configuration or the configured and activated for all cell one wireless frame in PDCCH sub-frame number. [0145] in FIG. 7B, ... onDurationTimer the length is 5 PDCCH sub-frame, counting onDurationTimer... according to PDCCH sub-frames in the Scell is onDurationTimer...) (See Fig. 4, Fig. 7B) It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Charbit to include the above recited limitations as taught by Zhao in order to support different TDD UL/DL configurations, and then maintain the DRX related timer (Zhao; [page 14]). Regarding claims 3, 13, and 27 Charbit-Zhao teaches, the claims 1, 11 and 2, Charbit further teaches, comprising using time division duplexing configuration of a primary cell of the different serving cells as a basis for counting of the subframes (Charbit; [0008] FIG. 2, for example, an on-duration timer may be defined to equal 4 PDCCH subframes (PSF). Based upon the definition of a PDCCH subframe as a subframe that is either a DL subframe or a special subframe in any of the corresponding subframes of the primary and secondary cells, the mobile terminal may maintain an active state) . Regarding claim 8 Charbit-Zhao teaches, the method as claimed in claim 1, Charbit further teaches, comprising controlling discontinuous reception active time of the device based on the counting (Charbit; [0003] discontinuous reception (DRX) parameters be utilized for each of the primary and secondary cells such that the active time and the DRX pattern would be the same for each of the aggregated cells) . Regarding claims 10 and 20 Charbit-Zhao teaches, A method as claimed in claim 1 and 11, Charbit further teaches, wherein at least one timer function comprises at least one of an inactivity timer, retransmission timer, and on-duration timer (Charbit; Fig. 9) . Regarding claims 4, 14, and 28 Charbit-Zhao teaches, the claims 1, 11 and 2, Charbit fails to explicitly teach, comprising: determining a serving cell from the different service cells service cells with most downlink subframes in its time division duplexing configuration, and using the configuration of the determined serving cell as a basis for the counting of the subframes Zhao further teaches, comprising: determining a serving cell from the different service cells service cells with most downlink subframes in its time division duplexing configuration (Zhao; [Page 14, para3] ... the terminal starts the onDurationTimer, the onDurationTimer has a length of 5 PDCCH subframes, and the onDurationTimer will time out after t0+5ms) (See Fig. 7A) , and using the configuration of the determined serving cell as a basis for the counting of the subframes (Zhao; [Page 19, para4] a timer maintenance unit 82, configured to maintain the DRX related timer according to the timeout period; the DRX related timer is a DRX timer taking the number of physical downlink control channel PDCCH subframes as a length statistical unit.) . It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Charbit to include the above recited limitations as taught by Zhao in order to support different TDD UL/DL configurations, and then maintain the DRX related timer (Zhao; [page 14]). Regarding claims 5, 29 and 30 Charbit-Zhao teaches, the claims 1, 2, and 11 Charbit fails to explicitly teach, comprising counting an instance of a downlink subframe in a time division duplexing configuration from any serving cell as a subframe for the timing Zhao further teaches, comprising counting an instance of a downlink subframe in a time division duplexing configuration from any serving cell as a subframe for the timing (Zhao; [Page14 para5 ] Example two: and determining the length of the DRX timer with the PDCCH subframe number as a length statistic unit by referring to a cell with the minimum PDCCH subframe number in one radio frame of all cells configured or configured and activated by the terminal.) . It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Charbit to include the above recited limitations as taught by Zhao in order to support different TDD UL/DL configurations, and then maintain the DRX related timer (Zhao; [page 14]). Regarding claim 6 Charbit-Zhao teaches, A method as claimed in claim 1, Charbit further teaches, comprising counting only a subframe where a downlink subframe is present in all received time division duplexing configurations as the subframe for the timing (Charbit [0069] a subset of the DRX parameters are defined to be common for both the primary and secondary cells, while another subset of the DRX parameters are defined to be unique to the respective primary and secondary cells...The on-duration timer specifies the number of PDCCH subframes that the mobile terminal should process in the active state when a new DRX cycle begins) Regarding claim 9 Charbit-Zhao teaches, A method as claimed in claim 1, Charbit fails to explicitly teach, comprising counting downlink sub-frames and subframes in the plurality of subframes including downlink pilot subframes for the timing Zhao further teaches, comprising counting downlink sub-frames and subframes in the plurality of subframes including downlink pilot subframes for the timing (Zhao; [Page6 para 3] ... For Time Division Duplex (TDD) systems, a PDCCH subframe refers to a downlink subframe, including a downlink pilot time slot (DwPTS) in a special subframe. The method for counting the timing length of the timer based on the number of the PDCCH subframes comprises the following steps:) . It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Charbit to include the above recited limitations as taught by Zhao in order to support different TDD UL/DL configurations, and then maintain the DRX related timer (Zhao; [page 14]). Regarding claims 25 and 26 Charbit-Zhao teaches, the method of claim 1 and 2 Charbit further teaches, A computer program product embodied on a non-transitory computer-readable medium in which a computer program comprising program code is stored that, when being executed by an apparatus (Charbit; [0018] a computer program product is provided that includes a computer-readable medium bearing computer program code embodied therein for use with a computer. The computer program code includes code) . Regarding claim 32 Charbit-Zhao teaches, A method as claimed in claim 1, Charbit further teaches, wherein at least one of an uplink or a downlink configuration of a primary cell is used to enable the counting of the subframes of each of the received at least two different time division duplexing configurations for the different serving cells (Charbit; [0001] different time division duplex (TDD) , [0076] As shown in FIG. 11, With respect to the secondary cell, the active time includes subframes #0 and 1 with the subframe #0 being active as a result of the on-duration timer and its value of 1 PDCCH subframe and subframe #1 being active as a result of the inactivity timer ) . 07-21-fti Claim 7 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Charbit-Zhao in view of Wei ( Wei hereafter) (US 20130163497 A1) (IDS provided) . Regarding claim 7 Charbit-Zhao teaches, A method as claimed in claim 1, Charbit-Zhao fails to explicitly teach, wherein a downlink subframe by a secondary cell that is cross scheduled by another cell is not counted as a subframe for the timing. However, in the same field of endeavor Wei teaches, wherein a downlink subframe by a secondary cell that is cross scheduled by another cell in not counted as a subframe for timing purposes (Wei; [0070] ... in the case of cross-scheduling, if a Scell does not configure PDCCH, there is not DRX on this Scell, that is, DRX configuration is not performed on this Scell) . It would have been obvious to one of ordinary skilled in the art before the effective filing date to create the invention of Charbit to include the above recited limitations as taught by Wei in order to avoid performing DRX configuration on Scell (Wei; [0070]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILFRED THOMAS whose telephone number is (571)270-0353. The examiner can normally be reached Mon -Thurs 9:00 am-4:00 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, Noel R 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. 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. /W. T/Examiner, Art Unit 2416 /NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416 Application/Control Number: 17/475,465 Page 2 Art Unit: 2416 Application/Control Number: 17/475,465 Page 3 Art Unit: 2416 Application/Control Number: 17/475,465 Page 4 Art Unit: 2416 Application/Control Number: 17/475,465 Page 5 Art Unit: 2416 Application/Control Number: 17/475,465 Page 6 Art Unit: 2416 Application/Control Number: 17/475,465 Page 7 Art Unit: 2416 Application/Control Number: 17/475,465 Page 8 Art Unit: 2416 Application/Control Number: 17/475,465 Page 9 Art Unit: 2416 Application/Control Number: 17/475,465 Page 10 Art Unit: 2416 Application/Control Number: 17/475,465 Page 11 Art Unit: 2416 Application/Control Number: 17/475,465 Page 12 Art Unit: 2416 Application/Control Number: 17/475,465 Page 13 Art Unit: 2416 Application/Control Number: 17/475,465 Page 14 Art Unit: 2416 Application/Control Number: 17/475,465 Page 15 Art Unit: 2416 Application/Control Number: 17/475,465 Page 16 Art Unit: 2416 Application/Control Number: 17/475,465 Page 17 Art Unit: 2416 Application/Control Number: 17/475,465 Page 18 Art Unit: 2416
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