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 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 1-20 are rejected under 35 U.S.C 102(a)(2) as being anticipated by Cui et al. (Patent No: US 2022/0369369 A1), hereinafter, Cui.
Regarding Claim 1, Cui teaches
A user equipment (UE) comprising: one or more processors; and one or more non-transitory computer-readable media comprising instructions that, upon execution of the instructions by the one or more processors, are to cause the UE to: -Fig. 4; Paragraph [0061] ( Fig. 4 shows UE architecture with many elements including processor, memory (computer-readable media) etc. [0061] recites, “The memory medium may store program instructions (e.g., embodied as computer programs) that may be executed by one or more processors.”)
perform measurement of a plurality of samples of respective receive (Rx) beams of a plurality of Rx beams; -Fig. 12; Paragraph [0155] (Fig. 12 shows measurement of a plurality of samples of a plurality of Rx beams (8 in this case). [0155] recites, “the UE may use the same receive beam on all quasi-colocated (QCL) SSB positions (e.g., have the same actual SSB index) in a SSB burst. Furthermore, the UE receiving beam sweeping factor for mobility-based measurements may be defined as X (e.g., X≥8).”
identify a measurement failure of at least one sample of at least one Rx beam of the plurality of Rx beams; -Paragraph [0007] (UE determines one or more measurement failure (LBT failures) corresponding to one or more Rx beams. [0007] recites,” For example, a wireless device may receive one or more synchronization signal blocks (SSBs) as part of a measurement procedure with listen before talk (LBT), e.g., performed in an unlicensed spectrum corresponding to the 52.6 to 71 GHz frequency range. The wireless device may determine one or more LBT failures corresponding to one or more receive beams of the wireless device…”
the measurement failure corresponding to missed samples; -Fig. 10, 12; Paragraph [0151] ([0151] recites, “In 1004, the UE may determine and/or experience an LBT failure associated with an unavailable SSB in a received SSB burst…” The unavailable SSB due to LBR failure corresponds to missed samples.)
determine a number of additional rounds of Rx beam sweeping equal to a count of the missed samples that are consecutively spaced from one another by a number of the plurality of Rx beams: -Fig. 12; Paragraph [0162-0163] (Fig. 12 shows an embodiment where additional round of Rx beam sweeping happens because of the LBT failure and consequently missed samples and sweeping happens across all Rx beams in the same order, i.e., missed samples are collected at a distance equal to the number of Rx beams. In this particular case with 8 Rx beams, missed samples of Rx beam 2 (1202, SSB burst #2) are collected at 8 unit apart (1208, SSB burst #10), which is equal to the number of Rx beams. [0162] recites, “a UE may use the same receive beam on all quasi-colocated (QCL) SSB positions (e.g., have the same actual SSB index) in a SSB burst. Furthermore, the UE receiving beam sweeping factor for mobility-based measurements may be defined as X (e.g., X≥8). In some embodiments, if m SSB burst (or SMTC) is not available in a UE measurement period due to a LBT failure or determined unavailable SSB, the measurement period extension may be defined as m*X or
[00001]ceiling(mX)*XSSBburst.
More specifically, in some embodiments, the ceiling factor or value may correspond to a maximum beam sweeping number of the UE. In this example, in the extended SSB bursts for this measurement period, the UE may perform measurements using the Rx beam sweeping of all possible Rx beams.” [0163] recites, “According to some embodiments as shown in FIG. 12, if during a UE's measurement period it encounters unavailable SSBs (e.g., SSB #1 in SSB bursts #2 (1202) and #8 (1204)) corresponding to particular receive beams (e.g., UE Rx beams #2 and #8), the UE may extend the measurement period for all Rx beams to perform additional measurements on new SSB bursts. For example, having determined LBT failures associated with Rx beams #2 and #8, the UE may extend the measurement period for all of its Rx beams and starting again with Rx beams #1 and #2, the UE may perform additional measurements of SSB burst #9 (1206) and SSB burst #10 (1208) respectively in the extended measurement window.” As recited above, the additional round of beam sweeping (extension period) that is determined is proportional to X, i.e., number of Rx beams and has a ceiling value and not open-ended)
identify, based on the at least one sample or the at least one Rx beam, one or more additional samples; and perform measurement of the one or more additional samples in the determined number of the additional rounds of Rx beam sweeping -Paragraph [0007, 0162] ([0007] recites, “…In response to determining the one or more LBT failures, the wireless device may extend a measurement period for the one or more receive beams of the wireless device. The wireless device may receive one or more additional SSBs on the one or more receive beams of the wireless device.” [0162] recites, “Furthermore, the UE receiving beam sweeping factor for mobility-based measurements may be defined as X (e.g., X≥8). In some embodiments, if m SSB burst (or SMTC) is not available in a UE measurement period due to a LBT failure or determined unavailable SSB, the measurement period extension may be defined as m*X” …. In other words, rather than only extending the measurement period only for Rx beams corresponding to LBT failures or unavailable SSBs, the UE may be configured to extend the measurement period for all receive beams of the UE,
regardless of whether or not all Rx beams experienced LBT failures.“ As recited above, the additional round of beam sweeping (extension period) that is determined is proportional to X, i.e., number of Rx beams and has a ceiling value and not open-ended)
Regarding Claim 2, Cui teaches the limitations of Claim 1
Cui further teaches
The UE of claim 1, wherein the measurement failure is related to listen-before-talk (LBT). -Paragraph [0007] ([0007] recites, “For example, a wireless device may receive one or more synchronization signal blocks (SSBs) as part of a measurement procedure with listen before talk (LBT), e.g., performed in an unlicensed spectrum corresponding to the 52.6 to 71 GHz frequency range. The wireless device may determine one or more LBT failures corresponding to one or more receive beams of the wireless device…”)
Regarding Claim 3, Cui teaches the limitations of Claim 1
Cui further teaches,
The UE of claim 1, wherein the Rx beams are transmitted in the FR2-2 frequency spectrum. -Paragraph [0138] ([0138 recites, “..UE Measurement Beam Sweeping with LBT for Spectrum Above 52.6 GHz” FR2-2 frequency bands in 5G NR are located between 52.6 GHz and 71.0 GHz. This range is part of the millimeter wave (mmWave) spectrum, which is also known as FR2)
Regarding Claim 4, Cui teaches the limitations of Claim 1.
Cui further teaches
The UE of claim 1, wherein the measurement of the one or more additional samples includes an additional measurement of the at least one sample of the at least one Rx beam of the plurality of Rx beams. -Paragraph [0153] ([0153] recites, “ In 1008, the UE may receive additional SSB bursts on particular ones and/or all of its Rx beams (as previously determined at 1004) and the UE may perform additional measurements in the measurement extension period. Furthermore, if and/or when the UE encounters additional LBT failures and/or unavailable SSBs in the measurement extension period, the UE may be further configured to repeat the method until it has successfully measured the appropriate SSB bursts associated with its Rx beams and/or not exceeded the failure threshold.”
Claim 5 is essentially the same as Claim 4. Applicant’s attention is directed to claim 4 which has been rejected above. Claim 5 is rejected under the same rational as Claim 4.
Regarding Claim 6, Cui teaches the limitations of Claim 1.
Cui further teaches,
The UE of claim 1, wherein the measurement of the one or more additional samples includes measurement based on at least one additional Rx beam sweeping round. -Fig. 11; Paragraph [0152] ([0152] recites, “In 1006, the UE may, in response to determining which Rx beams to extend the measurement period for (as described above in 1004), perform said extension of the measurement period. For example, the UE may extend the measurement period only for beams which have experienced LBT failures (as described above in regard to FIG. 11). Additionally and/or alternatively, the UE may extend the measurement period for all available Rx beams. In other words, the UE may continue its Rx beam sweeping procedure starting again with the first Rx beam.” i.e., additional round of Rx beam sweep)
Regarding Claim 7, Cui teaches the limitations of Claim 1.
Cui further teaches,
The UE of claim 1, wherein the measurement of the one or more additional samples includes measurement of an additional samples for respective Rx beams of the plurality of Rx beams. -Fig. 11; Paragraph [0152] (As explained above for Claim 5, based on LBT failure, UE might extend the measurement periods for all of the corresponding Rx beams. Therefore, it is easily understandable to an ordinary person with skill in the art that additional samples received in the extended measurement interval from the plurality of Rx beams are measured. [0152] recites, “In 1006, the UE may, in response to determining which Rx beams to extend the measurement period for (as described above in 1004), perform said extension of the measurement period. For example, the UE may extend the measurement period only for beams which have experienced LBT failures (as described above in regard to FIG. 11)..”)
Claim 8 is essentially the same as Claim 1. Applicant’s attention is directed to claim 1 which has been rejected above. Claim 8 is rejected under the same rational as Claim 1.
Claim 9 is essentially the same as Claim 2 (only difference is NTCRM in Claim 9 vs. UE in Claim 2) . Applicant’s attention is directed to claim 2 which has been rejected above. Claim 9 is rejected under the same rational as Claim 2.
Claim 10 is essentially the same as Claim 3 (only difference is NTCRM in Claim 10 vs. UE in Claim 3) . Applicant’s attention is directed to claim 3 which has been rejected above. Claim 10 is rejected under the same rational as Claim 3.
Claim 11 is essentially the same as Claim 4 (only difference is NTCRM in Claim 11 vs. UE in Claim 4) . Applicant’s attention is directed to claim 4 which has been rejected above. Claim 11 is rejected under the same rational as Claim 4.
Claim 12 is essentially the same as Claim 5 (only difference is NTCRM in Claim 12 vs. UE in Claim 5) . Applicant’s attention is directed to claim 5 which has been rejected above. Claim 12 is rejected under the same rational as Claim 5.
Claim 13 is essentially the same as Claim 6 (only difference is NTCRM in Claim 13 vs. UE in Claim 6) . Applicant’s attention is directed to claim 6 which has been rejected above. Claim 13 is rejected under the same rational as Claim 6.
Claim 14 is essentially the same as Claim 7 (only difference is NTCRM in Claim 14 vs. UE in Claim 7) . Applicant’s attention is directed to claim 7 which has been rejected above. Claim 14 is rejected under the same rational as Claim 7
Claim 15 is the apparatus claim corresponding to Claim 1 which has been rejected above. Applicant’s attention is directed towards the rejection of Claim 1. Claim 15 is rejected under the same rational as Claim 1.
Cui further teaches,
An apparatus for use in a user equipment (UE), wherein the apparatus comprises: radio frequency (RF) circuitry to receive a plurality of receive (Rx) beams; and processor circuitry coupled with the RF circuitry, the processor circuitry -Fig. 5; Paragraph [0121] ( Fig. 5 shows cellular communication circuitry that can be used in a user equipment, which consists of memory, processor and RF circuitry to transmit/receive beams in multiple antennas. [0121] recites, “As shown, modem 510 may include one or more processors 512 and a memory 516 in communication with processors 512. Modem 510 may be in communication with a radio frequency (RF) front end 530. RF front end 530 may include circuitry for transmitting and receiving radio signals. For example, RF front end 530 may include receive circuitry (RX) 532 and transmit circuitry (TX) 534. In some embodiments, receive circuitry 532 may be in communication with downlink (DL) front end 550, which may include circuitry for receiving radio signals via antenna 335a.”)
Claim 16 is essentially the same as Claim 2. Applicant’s attention is directed to claim 2 which has been rejected above. Claim 16 is rejected under the same rational as Claim 2.
Claim 17 is essentially the same as Claim 3. Applicant’s attention is directed to claim 3 which has been rejected above. Claim 17 is rejected under the same rational as Claim 3.
Claim 18 is essentially the same as Claim 4. Applicant’s attention is directed to claim 4 which has been rejected above. Claim 18 is rejected under the same rational as Claim 4.
Claim 19 is essentially the same as Claim 5. Applicant’s attention is directed to claim 5 which has been rejected above. Claim 19 is rejected under the same rational as Claim 5.
Claim 20 is essentially the same as Claim 7. Applicant’s attention is directed to claim 7 which has been rejected above. Claim 20 is rejected under the same rational as Claim 7.
Response to Argument(s)
The Applicant's argument(s) filed on July 20, 2026 have been fully considered but they are not persuasive. Therefore, the Examiner regretfully maintains the rejection.
The Applicant argues,
As per the amended independent claim, the prior art does not disclose, at least in part of the elements of "determine a number of additional rounds of Rx beam sweeping equal to a count of the missed samples that are consecutively spaced from one another by a number of the plurality of Rx beams." (Emphasis added) (Page 3)
The Examiner’s response is the following:
The Examiner regretfully does not agree with the Applicant. In the updated OA, the examiner with the reference from the prior art (Cui) and additional explanation shows the concerned part is indeed addressed by the used prior art as follows.
Cui teaches “determine a number of additional rounds of Rx beam sweeping equal to a count of the missed samples that are consecutively spaced from one another by a number of the plurality of Rx beams:”-Fig. 12; Paragraph [0162-0163] (Fig. 12 shows an embodiment where additional round of Rx beam sweeping happens because of the LBT failure and consequently missed samples and sweeping happens across all Rx beams in the same order, i.e., missed samples are collected at a distance equal to the number of Rx beams. In this particular case with 8 Rx beams, missed samples of Rx beam 2 (1202, SSB burst #2) are collected at 8 units apart (1208, SSB burst #10), which is equal to the number of Rx beams. [0162] recites, “a UE may use the same receive beam on all quasi-colocated (QCL) SSB positions (e.g., have the same actual SSB index) in a SSB burst. Furthermore, the UE receiving beam sweeping factor for mobility-based measurements may be defined as X (e.g., X≥8). In some embodiments, if m SSB burst (or SMTC) is not available in a UE measurement period due to a LBT failure or determined unavailable SSB, the measurement period extension may be defined as m*X or
[00001]ceiling(mX)*XSSBburst.
More specifically, in some embodiments, the ceiling factor or value may correspond to a maximum beam sweeping number of the UE. In this example, in the extended SSB bursts for this measurement period, the UE may perform measurements using the Rx beam sweeping of all possible Rx beams.” [0163] recites, “According to some embodiments as shown in FIG. 12, if during a UE's measurement period it encounters unavailable SSBs (e.g., SSB #1 in SSB bursts #2 (1202) and #8 (1204)) corresponding to particular receive beams (e.g., UE Rx beams #2 and #8), the UE may extend the measurement period for all Rx beams to perform additional measurements on new SSB bursts. For example, having determined LBT failures associated with Rx beams #2 and #8, the UE may extend the measurement period for all of its Rx beams and starting again with Rx beams #1 and #2, the UE may perform additional measurements of SSB burst #9 (1206) and SSB burst #10 (1208) respectively in the extended measurement window.” As recited above, the additional round of beam sweeping (extension period) that is determined is proportional to X, i.e., number of Rx beams and has a ceiling value and not open-ended)
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED SAIFUDDIN whose telephone number is (703)756-4581. The examiner can normally be reached Monday-Friday 8:30am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHALED M KASSIM can be reached on 571-270-3770. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED SAIFUDDIN/Examiner, Art Unit 2475
/ABDULLAHI AHMED/Examiner, Art Unit 2475
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