DETAILED ACTION
Applicant’s amendment and arguments filed October 28, 2025 is acknowledged.
Applicant’s amendment have overcome the previous rejection under 35 U.S.C. 112(b).
Claims 1-3, 5-9, 11-15, and 18-20 have been amended.
Claims 1-20 are currently pending.
Information Disclosure Statement
The information disclosure statement submitted on November 3, 2025 has been considered by the Examiner and made of record in the application.
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 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 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 of this title, 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cirik et al. (hereinafter Cirik) (U.S. Patent Application Publication # 2024/0259257 A1) in view of Cirik et al. (hereinafter Cirik2) (U.S. Patent Application Publication # 2023/0217502 A1).
Regarding claims 1 and 14, Cirik teaches and discloses a method and a first node (wireless device, figure 3) for wireless communications, comprising:
a first receiver (communication interface(s), figure 3), receiving a first reference signal group; a first processor (processor, figure 3), operatively coupled to the first receiver, determining a first-type received quality group, the first-type received quality group comprising at least one first-type received quality ([0532]; [0596]; teaches the wireless device receives reference signals, RSs, of a cell from a base station and determines a received quality of the received RSs);
the first processor (processor, figure 3), maintaining a second counter (BFI counter) according to the first-type received quality group ([0532]; [0596]; teaches the wireless device maintains a BFI counter according to the determined received quality of the RSs); and
a first transmitter (communication interface(s), figure 3), operatively coupled to the first receiver and the first processor, transmitting a first signal; wherein the first signal is used for random access ([0310]; teaches the wireless device transmitting a first signal/Msg1 for random access); the first signal indicates a first reference signal ([0313]; teaches the first signal/Msg1 indicates reference signals); the first reference signal is related to a value of a first counter (preamble transmission counter; [0397]) ([0397]; [0463]; [0521]; teaches the RSs are related to a preamble transmission counter);
as a response to a first condition set being satisfied, the first signal is triggered; the first condition set includes one or more conditions, when each condition in the first condition set is satisfied, the first condition set is satisfied; the first condition set includes a first condition, the first condition including that a value of the second counter (BFI_COUNTER; [0379]) is no less than a second threshold (beamFailurelnstanceMaxCount; [0381]) ([0313]; [0379]; “…BFI_COUNTER may be a counter for a beam failure instance indication. The wireless device may set the BFI_COUNTER initially to a first value…”; [0381]; “…BFI_COUNTER may be equal to or greater than a threshold (e.g., the beamFailurelnstanceMaxCount). The wireless device may initiate/trigger the random-access procedure…initiate/trigger a random-access procedure…based on the BFI_COUNTER being equal to or greater than the beamFailurelnstanceMaxCount…”; [0526]; teaches in response to a condition being satisfied, such as the first counter (BFI counter) being no less than a threshold (beamFailureInstanceMaxCount), triggering a random access procedure by transmitting the first signal/Msg1).
However, Cirik may not explicitly disclose when the value of the first counter is no greater than a first threshold, the first reference signal belongs to a first reference signal subset; when the value of the first counter is greater than the first threshold, the first reference signal belongs to a second reference signal subset; the first reference signal subset includes at least one reference signal, while the second reference signal subset includes at least one reference signal, at least one reference signal in the second reference signal subset not belonging to the first reference signal subset (although Cirik does teach that a first counter, transmission counter (PREAMBLE TRANSMISSION COUNTER) is compared to a threshold; [0397]; [0522]).
Nonetheless, in the same field of endeavor, Cirik2 teaches and suggests when the value of the first counter (preamble transmission counter; [0238]) is no greater than a first threshold (preamble maximum transmission parameter; [0238]), the first reference signal belongs to a first reference signal subset ([0232]; “…a first RS from a plurality of RSs. The first RS may be a first SS/PBCH block and/or a first CSI-RS…”); when the value of the first counter (preamble transmission counter) is greater than the first threshold, the first reference signal belongs to a second reference signal subset ([0242]; “…a second RS from a plurality of RSs. The second RS may be a second SS/PBCH block and/or a second CSI-RS…”); the first reference signal subset includes at least one reference signal, while the second reference signal subset includes at least one reference signal, at least one reference signal in the second reference signal subset not belonging to the first reference signal subset ([0238]; “…increment a preamble transmission counter variable (e.g., PREAMBLE_TRANSMISSION_COUNTER)…The preamble transmission counter variable may be equal to or greater than a preamble maximum transmission parameter (e.g., RRC parameter preambleTransMax)…”; [0239]; [0241]; “…preamble transmission counter variable may be less than the preamble maximum transmission parameter plus one (or any other value/quantity/number)…; [0242]; teaches when the preamble transmission counter is less than the maximum/threshold number the reference signal is of the first reference signal set, such as first SS/PBCH block/CSI-RS, and when the when the preamble transmission counter is greater than the maximum/threshold number the reference signal is of the second reference signal set, such as second SS/PBCH block/CSI-RS).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate when the preamble transmission counter is less than the maximum/threshold number the reference signal is of the first reference signal set, such as first SS/PBCH block/CSI-RS, and when the when the preamble transmission counter is greater than the maximum/threshold number the reference signal is of the second reference signal set, such as second SS/PBCH block/CSI-RS as taught by Cirik2 with the method and node for maintaining a BFI counter according to the determined received quality of the RSs as disclosed by Cirik for the purpose of avoiding false alarm of random access problems and reduce latency and avoid misalignment between wireless device and the base station, as suggested by Cirik2.
Regarding claims 2 and 15, Cirik, as modified by Cirik2, further teaches and suggests wherein there is a reference signal in the first reference signal subset associated with a first cell, and there is a reference signal in the second reference signal subset associated with a second cell ([0400]; [0540]; teaches reference signals associated with a primary cell and reference signals associated with a secondary cell).
Regarding claims 3 and 16, Cirik, as modified by Cirik2, further teaches and suggests wherein as a response to the transmission of the first signal, the first receiver monitors a first signaling in a first time window; where time-domain resources occupied by the first signal are used to determine the first time window ([0309]; [0314]; [0397]; teaches a response time window).
Regarding claims 4 and 17, Cirik teaches maintaining a BFI counter according to the determined received quality of the RSs, but may not explicitly disclose wherein the first processor maintains the first counter; where when the value of the first counter reaches a third threshold, indicating a random access problem to a higher layer, the third threshold being greater than the first threshold.
Nonetheless, in the same field of endeavor, Cirik2 further teaches and suggests wherein the first processor maintains the first counter (preamble transmission counter); where when the value of the first counter reaches a third threshold (maximum transmission parameter), indicating a random access problem to a higher layer (upper layer, such as RRC), the third threshold being greater than the first threshold ([0239]; “…The wireless device may indicate/identify a problem of the random access procedure to one or more upper layers (e.g., RRC), for example, based on or in response to the preamble transmission counter variable being equal to or greater than the preamble maximum transmission parameter…”; teaches when the preamble transmission counter reaches a maximum/threshold indicating a random access problem to a higher layer).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate when the preamble transmission counter reaches a maximum/threshold indicating a random access problem to a higher layer as taught by Cirik2 with the method and node for maintaining a BFI counter according to the determined received quality of the RSs as disclosed by Cirik, as modified by Cirik2, for the purpose of avoiding false alarm of random access problems and reduce latency and avoid misalignment between wireless device and the base station, as suggested by Cirik2.
Regarding claims 5 and 18, Cirik, as modified by Cirik2, further teaches and suggests wherein the first transmitter transmits a second signal; as a response to the transmission of the second signal, the first receiver monitors a second signaling in a second time window; where time-domain resources occupied by the second signal are used to determine the second time window; as a response to the first condition being satisfied, the second signal is triggered; the first condition set includes a second condition, the second condition including not receiving the second signaling in the second time window ([0309]; [0314]; [0397]; teaches a response time window).
Regarding claims 6 and 19, Cirik, as modified by Cirik2, further teaches and suggests wherein the second signal is used to determine a second reference signal, a transmit (Tx) power of the first signal being equal to a first power value; whether the first reference signal and the second reference signal are a same reference signal, which is used to determine the first power value ([0309]; [0313]; teaches a second signal for determining reference signals and determining a transmit power of a first signal).
Regarding claims 7 and 20, Cirik, as modified by Cirik2, further teaches and suggests wherein the first receiver receives a plurality of reference signals wherein each reference signal in the first reference signal subset is one of the plurality of reference signals, and each reference signal in the second reference signal subset is one of the plurality of reference signals; wherein measurements on the plurality of reference signals are respectively used to determine plurality of second-type received qualities; wherein the number of the plurality of reference signals is equal to the number of the plurality of second-type received qualities; and wherein a second-type received quality corresponding to the first reference signal among the plurality of second-type received qualities is no worse than a second reference threshold ([0532]; [0596]; teaches the wireless device receives reference signals, RSs, of a cell from a base station and determines a received quality type of the received RSs).
Regarding claim 8, Cirik teaches and discloses a second node (base station, figure 3) for wireless communications, comprising:
a second transmitter (communication interface(s), figure 3), transmitting a first reference signal sub-group, each reference signal in the first reference signal sub-group belonging to a first reference signal group, the first reference signal group for determining a first-type received quality group, the first-type received quality group including at least one first-type received quality ([0532]; [0596]; teaches the wireless device receives reference signals, RSs, of a cell from a base station and determines a received quality of the received RSs); and
a second receiver (communication interface(s), figure 3), operatively coupled to the second transmitter, blind detecting a first signal; wherein the first signal is used for random access ([0310]; teaches the wireless device transmitting a first signal/Msg1 for random access); the first signal indicates a first reference signal ([0313]; teaches the first signal/Msg1 indicates reference signals); the first reference signal is related to a value of a first counter (preamble transmission counter; [0397]) ([0397]; [0463]; [0521]; teaches the RSs are related to a preamble transmission counter);
as a response to a first condition set being satisfied, the first signal is triggered; the first condition set includes one or more conditions, when each condition in the first condition set is satisfied, the first condition set is satisfied; the first condition set includes a first condition, the first condition including that a value of the second counter (BFI_COUNTER; [0379]) is no less than a second threshold (beamFailurelnstanceMaxCount; [0381]); the first-type received quality group is for maintaining the second counter (BFI_COUNTER; [0379]) ([0313]; [0379]; “…BFI_COUNTER may be a counter for a beam failure instance indication. The wireless device may set the BFI_COUNTER initially to a first value…”; [0381]; “…BFI_COUNTER may be equal to or greater than a threshold (e.g., the beamFailurelnstanceMaxCount). The wireless device may initiate/trigger the random-access procedure…initiate/trigger a random-access procedure…based on the BFI_COUNTER being equal to or greater than the beamFailurelnstanceMaxCount…”; [0526]; teaches in response to a condition being satisfied, such as the first counter (BFI counter) being no less than a threshold (beamFailureInstanceMaxCount), triggering a random access procedure by transmitting the first signal/Msg1).
However, Cirik may not explicitly disclose when the value of the first counter is no greater than a first threshold, the first reference signal belongs to a first reference signal subset; when the value of the first counter is greater than the first threshold, the first reference signal belongs to a second reference signal subset; the first reference signal subset includes at least one reference signal, while the second reference signal subset includes at least one reference signal, at least one reference signal in the second reference signal subset not belonging to the first reference signal subset (although Cirik does teach that a first counter, transmission counter (PREAMBLE TRANSMISSION COUNTER) is compared to a threshold; [0397]; [0522]).
Nonetheless, in the same field of endeavor, Cirik2 teaches and suggests when the value of the first counter (preamble transmission counter; [0238]) is no greater than a first threshold (preamble maximum transmission parameter; [0238]), the first reference signal belongs to a first reference signal subset ([0232]; “…a first RS from a plurality of RSs. The first RS may be a first SS/PBCH block and/or a first CSI-RS…”); when the value of the first counter (preamble transmission counter) is greater than the first threshold, the first reference signal belongs to a second reference signal subset ([0242]; “…a second RS from a plurality of RSs. The second RS may be a second SS/PBCH block and/or a second CSI-RS…”); the first reference signal subset includes at least one reference signal, while the second reference signal subset includes at least one reference signal, at least one reference signal in the second reference signal subset not belonging to the first reference signal subset ([0238]; “…increment a preamble transmission counter variable (e.g., PREAMBLE_TRANSMISSION_COUNTER)…The preamble transmission counter variable may be equal to or greater than a preamble maximum transmission parameter (e.g., RRC parameter preambleTransMax)…”; [0239]; [0241]; “…preamble transmission counter variable may be less than the preamble maximum transmission parameter plus one (or any other value/quantity/number)…; [0242]; teaches when the preamble transmission counter is less than the maximum/threshold number the reference signal is of the first reference signal set, such as first SS/PBCH block/CSI-RS, and when the when the preamble transmission counter is greater than the maximum/threshold number the reference signal is of the second reference signal set, such as second SS/PBCH block/CSI-RS).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate when the preamble transmission counter is less than the maximum/threshold number the reference signal is of the first reference signal set, such as first SS/PBCH block/CSI-RS, and when the when the preamble transmission counter is greater than the maximum/threshold number the reference signal is of the second reference signal set, such as second SS/PBCH block/CSI-RS as taught by Cirik2 with the method and node for maintaining a BFI counter according to the determined received quality of the RSs as disclosed by Cirik for the purpose of avoiding false alarm of random access problems and reduce latency and avoid misalignment between wireless device and the base station, as suggested by Cirik2.
Regarding claim 9, Cirik, as modified by Cirik2, further teaches and suggests wherein there is a reference signal in the first reference signal sub set associated with a first cell, and there is a reference signal in the second reference signal subset associated with a second cell; the second node is a maintenance base station of the first cell; or, as a response to an action of detecting the first signal, the second transmitter transmits a first signaling in a first time window; where the second receiver detects the first signal; time-domain resources occupied by the first signal are used to determine the first time window ([0400]; [0540]; teaches reference signals associated with a primary cell and reference signals associated with a secondary cell).
Regarding claim 10, Cirik, as modified by Cirik2, further teaches and suggests wherein whether the first signaling is received in the first time window is used to maintain the first counter ([0309]; [0314]; [0397]; teaches a response time window).
Regarding claim 11, Cirik, as modified by Cirik2, further teaches and suggests wherein the second receiver blind detects a second signal; when the second signal is detected, as a response to the action of detecting the second signal, the second transmitter transmits a second signaling in a second time window; where time-domain resources occupied by the second signal are used to determine the second time window; as a response to the first condition being satisfied, the second signal is triggered; the first condition set includes a second condition, the second condition including that the second signaling is not received in the second time window ([0309]; [0314]; [0397]; teaches a response time window).
Regarding claim 12, Cirik, as modified by Cirik2, further teaches and suggests wherein the second signal is used to determine a second reference signal, a transmit (Tx) power of the first signal being equal to a first power value; whether the first reference signal and the second reference signal are a same reference signal is used to determine the first power value ([0309]; [0313]; teaches a second signal for determining reference signals and determining a transmit power of a first signal).
Regarding claim 13, Cirik, as modified by Cirik2, further teaches and suggests wherein the second transmitter transmits a plurality of reference signals among a second plurality of reference signals, wherein the number of the first plurality of reference signals is no greater than the number of the second plurality of reference signals; where each reference signal in the first reference signal subset is one of the second plurality of reference signals, and each reference signal in the second reference signal subset is one of the second plurality of reference signals; measurements on the second plurality of reference signals are respectively used to determine a plurality of second-type received qualities, wherein the number of the second plurality of reference signals is equal to the number of the second-type received qualities; a second-type received quality corresponding to the first reference signal among the plurality of second-type received qualities is no worse than a second reference threshold ([0532]; [0596]; teaches the wireless device receives reference signals, RSs, of a cell from a base station and determines a received quality type of the received RSs).
Response to Arguments
Applicant's arguments with respect to claims 1-20 have been considered but are moot in view of the new ground(s) of rejection as necessitated by Applicant’s amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUK JIN KANG whose telephone number is (571) 270-1771. The examiner can normally be reached on Monday-Friday 8am-5pm.
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/Suk Jin Kang/
Examiner, Art Unit 2477
February 5, 2026
/CHIRAG G SHAH/Supervisory Patent Examiner, Art Unit 2477