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 .
Response to Arguments
Applicant's arguments filed on 09/23/2025 have been fully considered but they are not persuasive.
Regarding claims 1, 9, 17, the applicant argues that the reference “He” fails to disclose the limitation: “transmit, in response to the one or more TCI states being associated with a second cell and via the second cell, an uplink transmission based on the one or more TCI states.” Particularly, the applicant argues that while He discusses that “a TCI state activation indicator” may be sent by a TRP (e.g., to a wireless device) and that “the UE may communicate with TRP 804 using the new beam,” it does not teach or suggest that a wireless device transmits an uplink transmission “in response to the one or more TCI states being associated with a second cell and via the second cell.” The applicant further argues that the TRPs 804 and 806 are within the same serving cell (see pages 6 of 8 of the argument).
The Examiner respectfully disagrees and will further explain the ground of rejection. The Examiner would like to draw the applicant’s attention to fig. 8, steps 832, 834; para. 0063, 0083, 0084 of He. In para. 0063, which states: “For example, a serving cell may include a primary cell and any secondary cells, with each cell including one or more TRPs. A primary cell is a cell operating on a primary frequency in which the UE may perform an initial connection establishment procedure or initiates a connection re-establishment procedure with a base station. The primary cell may have a primary TRP for primarily receiving data from the UE and transmitting data to the UE. The primary cell may also have secondary TRPs for providing supplementary transmission and reception capability. Furthermore, a secondary cell may include its own primary and secondary TRPs which provide additional radio resources for a UE configured with carrier aggregation.” Thus, although the TRPs 804 and 806 in fig. 8 are located within the same serving cell, however the serving cell may include a primary cell and a secondary cell, wherein each of the cells includes a corresponding TRP.
The applicant further argues that He at para. 0083 explains that “The beam failure indication 828 may be a MAC CE indicating a new beam which the UE 802 has selected based on link quality…..” and in para. 0080, which states that “The one or more base station comprising TRP 804 and/or TRP 806 may also configure each TRP with a set of candidate beams 812, 814.”… Further in para. 0079, which discloses that “TRP 804 may correspond, for example, to TRP 504 of Fig. 5, and TRP 805 may correspond, for example, to TRP 506 of Fig. 5 within the same serving cell. In para. 0083, which explains that”…a beam failure 824 may be detected for TRP 804 while the PDCCH serving beam of TRP 806 (in the same serving cell) is operational. The Examiner respectfully disagrees and as mentioned in the above, He defines a serving cell may include a primary cell and any secondary cells, with each cell including one or more TRPs in para. 0063.
In para. 0084 of He, which states: “For example, TRP 806 may send to the UE 802 a transmission configuration indicator (TCI) state indication 832 for a UE-specific PDCCH MAC CE and a TCI state activation indicator 834 (activation/deactivation) for a UE-specific PDSCH MAC CE. Based on the TCI state indicator 832 and/or TCI state activation indicator 834, the UE may communicate with TRP 804 using the new beam.” In other words, the UE performs uplink communication using the new beam via the second cell (read as the TRP 804 in fig. 8) based on the TCI state indicator and TCI state activation indicator being associated with the second cell or in this case the TRP 804.
Thus He teaches the limitation of “transmit, in response to the one or more TCI states being associated with a second cell and via the second cell, an uplink transmission based on the one or more TCI states.” (He see fig. 8, steps 832, 834, para. 0063, 0083, 0084).
In conclusion, the applicant is suggested to further define the claim limitation to expedite case prosecution.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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, 5, 6, 8, 9, 13, 14, 16, 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by He (Pub No.: 2021/0044342).
Regarding claim 1, He discloses a wireless device (see UE 1114 in fig. 11) comprising: one or more processors (processor 1104 in fig. 11); and memory (memory 1106 in fig. 11) storing instructions that, when executed by the one or more processors, cause the wireless device to:
receive, via a first cell (read as TRP 806 in fig. 8), a message indicating an activation of one or more transmission configuration indication (TCI) states (He see para. see fig. 8, UE 802, TRP 804 and TRP 806; para. 0006, 0083, 0084; In para. 0006, A TRP is typically a set of co-located TX/RX antennas providing coverage in the same sector. The set of TX/RX-points can either be at different locations or co-sited but providing coverage in different sectors, and can also belong to the same or different base stations. In para. 0084, …The base station comprising TRP 806 may receive the beam failure indication 828 and then reconfigure the PDCCH as well as the PDSCH beam for TRP 804 using the PDCCH and PSDCH of TRP 806. For example, TRP 806 may send to the UE 802 a transmission configuration indicator (TCI) state indication 832 for a UE-specific PDCCH MAC CE and a TCI state activation indicator 834 (activation/deactivation) for a UE-specific PDSCH MAC CE). The UE 802 receives the configuration TCI indication 832 and TCI state activation indication from the TRP 806. The TRP 806 is read as a first base station (e.g., first coverage/cell); and
transmit, in response to the one or more TCI states being associated with a second cell (read as TRP 804 in fig. 8) and via the second cell, an uplink transmission based on the one or more TCI states (He see para. 0083, 0084; Based on the TCI state indicator 832 and/or TCI state activation indicator 834, the UE may communicate with TRP 804 using the new beam.). The UE communicates via the TRP 804, an uplink transmission based on the activated new beam being associated with the TRP 804. The TRP 804 is read as a second base station (e.g., second coverage/cell).
Claim 17 is rejected similarly to claim 1.
Regarding claim 9, He discloses a base station (read as TRP 804 and TRP 806 in fig. 8) comprising: one or more processors (processor 1404 in fig. 14); and memory (memory 1406 in fig. 14) storing instructions that, when executed by the one or more processors, cause the base station to:
transmit, to a wireless device (read as the UE 802 in fig. 8) via a first cell (read as the TRP 806 in fig. 8), a message indicating an activation of one or more transmission configuration indication (TCI) states (He see para. see fig. 8, UE 802, TRP 804 and TRP 806; para. 0006, 0083, 0084; In para. 0006, A TRP is typically a set of co-located TX/RX antennas providing coverage in the same sector. The set of TX/RX-points can either be at different locations or co-sited but providing coverage in different sectors, and can also belong to the same or different base stations. In para. 0084, …The base station comprising TRP 806 may receive the beam failure indication 828 and then reconfigure the PDCCH as well as the PDSCH beam for TRP 804 using the PDCCH and PSDCH of TRP 806. For example, TRP 806 may send to the UE 802 a transmission configuration indicator (TCI) state indication 832 for a UE-specific PDCCH MAC CE and a TCI state activation indicator 834 (activation/deactivation) for a UE-specific PDSCH MAC CE). The TRP 806 transmits the configuration TCI indication 832 and TCI state activation indication to the UE 802. The TRP 806 is residing in a first coverage/cell; and
receive, in response to the one or more TCI states being associated with a second cell (read as the TRP 804 in fig. 8) and via the second cell, an uplink transmission based on the one or more TCI states (He see para. 0083, 0084; Based on the TCI state indicator 832 and/or TCI state activation indicator 834, the UE may communicate with TRP 804 using the new beam.). The TRP 804 receives, based on the activated new beam being associated with the TRP 804 an uplink transmission from the UE 802. The TRP 804 is residing in a second coverage/cell).
Regarding claims 5, 13, He discloses the feature wherein the second cell is a neighbor cell of the first cell (He see para. see fig. 8, UE 802, TRP 804 and TRP 806; para. 0006, 0083, 0084). TRP 804 is a neighbor base station of TRP 806.
Regarding claims 6, 14, He discloses the feature wherein transmitting the uplink transmission is further in response to the one or more TCI states being activated (He see para. 0083, 0084; Based on the TCI state indicator 832 and/or TCI state activation indicator 834, the UE may communicate with TRP 804 using the new beam.). The UE communicates via the TRP 804, an uplink transmission based on the activated new beam, wherein the activated new beam is being associated with the TRP 804.
Regarding claims 8, 16, He discloses the feature wherein the message comprises one of a media access control element (MAC CE) or downlink control information (DCI) (He see para. 0083, 0084).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The 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.
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.
Claim(s) 2-4, 7, 10-12, 15, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over He (Pub No.: 2021/0044342) in view of Da Silva et al. (Pub NO.: 2023/0007499).
Regarding claims 2, 10, 18, He does not explicitly disclose the feature wherein the instructions further cause the wireless device to receive, via the first cell, a first message indicating a plurality of TCI states comprising the one or more TCI states.
Da Silva et al. from the same or similar fields of endeavor discloses the feature wherein the instructions further cause the wireless device to receive, via the first cell, a first message indicating a plurality of TCI states comprising the one or more TCI states (Da Silva et al. see para. 0178-0183; a list of TCI states configurations per SpCell; [0181] a list of TCI states configurations that is common to a set of configured SpCell(s); [0182] Each configured TCI state may comprise an indication to one of the SpCell(s) in the configured set of SpCell(s) configured for the UE 120. [0183] That is important so the activation of a given TCI state indicates to the UE 120 which SpCell configuration shall be activated upon the activation of a TCI state.). A higher layer configuration comprising a list of TCI states.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of He and to implement with the feature as taught by Da Silva et al. to receive the first message indicating a plurality of TCI states comprises the activated TCI state.
The motivation would be to improve transmission reliability.
Regarding claims 3, 11, 19, Da Silva et al. discloses the feature wherein the plurality of TCI states further comprise one or more first TCI states associated with the first cell and one or more second TCI states associated with the second cell (Da Silva et al. see para. 0178-0183; a list of TCI states configurations per SpCell; [0181] a list of TCI states configurations that is common to a set of configured SpCell(s); [0182] Each configured TCI state may comprise an indication to one of the SpCell(s) in the configured set of SpCell(s) configured for the UE 120. [0183] That is important so the activation of a given TCI state indicates to the UE 120 which SpCell configuration shall be activated upon the activation of a TCI state.). A higher layer configuration comprising a list of TCI states, wherein each TCI state corresponds to one of the SpCell(s) in the set of SpCell(s).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of He and to implement with the feature as taught by Da Silva et al. wherein one of the TCI states is associated with a first cell and one of the TCI states is associated with a second cell.
The motivation would be to improve transmission reliability.
Regarding claims 4, 12, 20, Da Silva et al. discloses the feature wherein the one or more TCI states are determined to be associated with the second cell based on a cell identifier of the one or more TCI states (Da Silva et al. see para. 0172, 0173; Each SpCell configuration contains at least one identifier enabling the UE 120 to unambiguously distinguish each SpCell configuration.).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of He and to implement with the feature as taught by Da Silva et al. wherein one of the TCI states is determined to be associated with the second cell based on cell identifier.
The motivation would be to improve transmission reliability.
Regarding claims 7, 15, Da Silva et al. discloses the feature wherein the instructions further cause the wireless device to initiate, in response to the one or more TCI states being associated with the second cell, a random access procedure for the second cell, wherein the uplink transmission is a random-access preamble (Da Silva et al. see para. 0196, 0197; One may see that as a single signaling indicating a new cell to be considered the UE's active SpCell and the set of TCI states to be activated and deactivated. The activation of an SpCell may rely on random access or not. [0197] In an alternative solution one MAC CE indicates one SpCell to be activated, where that SpCell is within the set of configured SpCell(s). That leads the UE 120 to perform random access in the new SpCell (possibly relying on contention free or contention based resources) by sending a preamble and receiving (in the success case) a random access response).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the disclosure of He and to implement with the feature as taught by Da Silva et al. to initiate in response to the activated TCI state being associated with the second cell, a random access procedure by transmitting a preamble.
The motivation would be to improve transmission efficiency.
Examiner's Note
The Applicant is welcome to request a telephonic interview if the Applicant has any questions or requires any additional information that would further or expedite the prosecution of the application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Zhou et al. (Pub No.: 2023/0337253) discloses systems, methods and apparatus, including computer programs encoded on computer storage media, for using a beam failure detection reference signal resource set for a physical downlink control channels (PDCCH) with repetition. In one aspect, a user equipment (UE) may monitor a physical downlink control channel (PDCCH) transmission using at least two transmission control indicator (TCI) states. The UE may determine a beam failure detection reference signal resource set associated with the PDCCH monitoring based at least in part on a characteristic of the one or more of the TCI states or a list of a pair of reference signals configured based at least in part on one of the at least two TCI states. The UE may monitor the first beam failure detection reference signal resource set associated with the PDCCH monitoring to identify a beam failure.
Zhou et al. (Pub No.: 2021/0184809) discloses various aspects of the present disclosure generally relate to wireless communication. In some aspects, a user equipment may receive downlink control information (DCI) that includes one or more parameters relating to activating at least one of an uplink beam configuration, a downlink beam configuration, or a pathloss reference signal configuration; activate the uplink beam configuration, the downlink beam configuration, or the pathloss reference signal configuration in accordance with the DCI; and receive or transmit a communication on a beam in accordance with the uplink beam configuration, the downlink beam configuration, or the pathloss reference signal configuration. Numerous other aspects are provided.
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 KAN YUEN whose telephone number is (571)270-1413. The examiner can normally be reached Monday - Friday 10:30am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Ngo can be reached at 571-272-3139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAN YUEN/Primary Examiner, Art Unit 2464
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