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 .
This office action is in response to remarks filed 12/18/2025.
Claims 1-20 are pending and presented for examination.
In view of the appeal brief filed on 12/18/2025, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below.
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.
Claims 1-3, 9-12, and 18-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by He et al (US20230036099A1) (hereinafter "He").
Regarding claim 1, He discloses a method, comprising:
activating a cell from a deactivated state based on a cell activation request from a network element ([0090] the network node 110 may transmit an SCell activation message (such as an SCell activation MAC-CE). The SCell activation message may indicate to activate an SCell belonging to the DRX group that the network node 110 is to wake up);
entering, regardless of a discontinuous reception configuration, a no discontinuous reception mode in the cell; and ([0070] a network node 110 may transmit a DRX configuration to a UE 120 to configure a DRX cycle 305 for the UE 120 ... the DRX configuration may pertain to a group of cells referred to herein as a DRX group. A DRX cycle 305 may include a DRX on duration 310 (e.g., during which a UE 120 is awake or in an active state) See also [0071-0072] During the DRX on duration 310 (e.g., the active time), the UE 120 may monitor a downlink control channel (e.g., a PDCCH), as shown by reference number 320. For example, the UE 120 may monitor the PDCCH for downlink control information (DCI) pertaining to the UE 120. If the UE 120 does not detect and/or successfully decode any PDCCH communications intended for the UE 120 during the DRX on duration 310, then the UE 120 may enter the sleep state 315 (e.g., for the inactive time) at the end of the DRX on duration 310, as shown by reference number 325. In this way, the UE 120 may conserve battery power and reduce power consumption. As shown, the DRX cycle 305 may repeat with a configured periodicity according to the DRX configuration. As shown, the UE 120 may enter DRX on durations 310 based at least in part on whether a WUS 330 is received. For example, a WUS 330 may indicate whether or not to enter a DRX on duration 310. In some cases, the absence of a WUS may indicate that the UE 120 should skip a DRX on duration 310. In some cases, a WUS may carry information indicating whether or not a UE 120 should skip a DRX on duration. After receiving a WUS, the UE 120 may enter the DRX on duration for the configured length of the DRX on duration.)
listening, while in the no discontinuous reception mode ([0070] on duration), for downlink scheduling in the cell for a period of time ([0071] [0071] During the DRX on duration 310 (e.g., the active time), the UE 120 may monitor a downlink control channel (e.g., a PDCCH) [0073] the UE 120 may continue to monitor for PDCCH communications, may obtain a downlink data communication (e.g., on a downlink data channel, such as a physical downlink shared channel (PDSCH)) scheduled by the PDCCH communication, and/or may prepare and/or transmit an uplink communication (e.g., on a physical uplink shared channel (PUSCH)) scheduled by the PDCCH communication).
Regarding claim 2, He discloses the method, wherein the listening for downlink scheduling while in the no discontinuous reception mode comprises monitoring a physical downlink control channel or a downlink communication ([0073] the UE 120 may continue to monitor for PDCCH communications, may obtain a downlink data communication (e.g., on a downlink data channel, such as a physical downlink shared channel (PDSCH)) scheduled by the PDCCH communication, and/or may prepare and/or transmit an uplink communication (e.g., on a physical uplink shared channel (PUSCH)) scheduled by the PDCCH communication).
Regarding claim 3, He discloses the method, wherein the period of time is a time until a first on-duration of the cell, a time until a scheduling command is received from the network element, or a new timer period ([0073] If the UE 120 detects and/or successfully decodes a PDCCH communication intended for the UE 120, then the UE 120 may remain in an active state (e.g., awake) for the duration of a DRX inactivity timer 335 (e.g., which may extend the active time). The UE 120 may start the DRX inactivity timer 335 at a time at which the PDCCH communication is received (e.g., in a transmission time interval (TTI) in which the PDCCH communication is received, such as a slot or a subframe). The UE 120 may remain in the active state until the DRX inactivity timer 335 expires).
Regarding claim 9, He discloses the method, wherein the listening for downlink scheduling is performed based on instructions received from the network element ([0083] the network node 110 may transmit, and the UE 120 may receive, configuration information. The configuration information may be transmitted via RRC signaling, MAC signaling, DCI, system information (SI), or a combination thereof ... the configuration information may include first information. The first information may indicate a DRX configuration … The DRX configuration may include information indicating, for example, a DRX on duration, a DRX inactivity timer, a cycle start offset, a slot offset, or other information … the configuration information may include third information. The third information may configure a WUS).
Regarding claim 10, He discloses an apparatus, comprising:
at least one processor; and ([0131] one or more components of the set of components may be implemented at least in part as software stored in a memory. For example, a component (or a portion of a component) may be implemented as instructions or code stored in a non-transitory computer-readable medium and executable by a controller or a processor to perform the functions or operations of the component)
at least one memory comprising computer program code ([0131] one or more components of the set of components may be implemented at least in part as software stored in a memory. For example, a component (or a portion of a component) may be implemented as instructions or code stored in a non-transitory computer-readable medium and executable by a controller or a processor to perform the functions or operations of the component),
the at least one memory and the computer program code are configured, with the at least one processor, to cause the apparatus at least to:
activate a cell from a deactivated state based on a cell activation request from a network element ([0090] the network node 110 may transmit an SCell activation message (such as an SCell activation MAC-CE). The SCell activation message may indicate to activate an SCell belonging to the DRX group that the network node 110 is to wake up);
enter, regardless of a discontinuous reception configuration, a no discontinuous reception mode in the cell; and ([0070] a network node 110 may transmit a DRX configuration to a UE 120 to configure a DRX cycle 305 for the UE 120 ... the DRX configuration may pertain to a group of cells referred to herein as a DRX group. A DRX cycle 305 may include a DRX on duration 310 (e.g., during which a UE 120 is awake or in an active state))
listen, while in no discontinuous reception mode, for downlink scheduling in the cell for a period of time ([0071] [0071] During the DRX on duration 310 (e.g., the active time), the UE 120 may monitor a downlink control channel (e.g., a PDCCH) [0073] the UE 120 may continue to monitor for PDCCH communications, may obtain a downlink data communication (e.g., on a downlink data channel, such as a physical downlink shared channel (PDSCH)) scheduled by the PDCCH communication, and/or may prepare and/or transmit an uplink communication (e.g., on a physical uplink shared channel (PUSCH)) scheduled by the PDCCH communication).
Regarding claim 11, He discloses the apparatus, wherein the listening for downlink scheduling
while in the no discontinuous reception mode comprises monitoring a physical downlink control channel or a downlink communication ([0073] the UE 120 may continue to monitor for PDCCH communications, may obtain a downlink data communication (e.g., on a downlink data channel, such as a physical downlink shared channel (PDSCH)) scheduled by the PDCCH communication, and/or may prepare and/or transmit an uplink communication (e.g., on a physical uplink shared channel (PUSCH)) scheduled by the PDCCH communication).
Regarding claim 12, He discloses the apparatus, wherein the period of time is a time until a first on-duration of the cell, a time until a scheduling command is received from the network element, or a new timer period ([0073] If the UE 120 detects and/or successfully decodes a PDCCH communication intended for the UE 120, then the UE 120 may remain in an active state (e.g., awake) for the duration of a DRX inactivity timer 335 (e.g., which may extend the active time). The UE 120 may start the DRX inactivity timer 335 at a time at which the PDCCH communication is received (e.g., in a transmission time interval (TTI) in which the PDCCH communication is received, such as a slot or a subframe). The UE 120 may remain in the active state until the DRX inactivity timer 335 expires).
Regarding claim 18, He discloses the apparatus, wherein the listening for downlink scheduling is performed based on instructions received from the network element ([0083] the network node 110 may transmit, and the UE 120 may receive, configuration information. The configuration information may be transmitted via RRC signaling, MAC signaling, DCI, system information (SI), or a combination thereof ... the configuration information may include first information. The first information may indicate a DRX configuration … The DRX configuration may include information indicating, for example, a DRX on duration, a DRX inactivity timer, a cycle start offset, a slot offset, or other information … the configuration information may include third information. The third information may configure a WUS).
Regarding claim 19, He discloses an apparatus, comprising:
at least one processor; and ([0145] one or more components of the set of components may be implemented at least in part as software stored in a memory. For example, a component (or a portion of a component) may be implemented as instructions or code stored in a non-transitory computer-readable medium and executable by a controller or a processor to perform the functions or operations of the component.)
at least one memory comprising computer program code ([0145] one or more components of the set of components may be implemented at least in part as software stored in a memory. For example, a component (or a portion of a component) may be implemented as instructions or code stored in a non-transitory computer-readable medium and executable by a controller or a processor to perform the functions or operations of the component.),
the at least one memory and the computer program code are configured, with the at least one processor, to cause the apparatus at least to:
request a user equipment to activate a cell from a deactivated state; and ([0148] The transmission component 1104 may transmit, to a UE first information indicating a first DRX configuration for a first group of cells and second information indicating a second DRX configuration for a second group of cells. See also [0161-0164] In a first aspect, the SCell activation message is received on a cell that is in a DRX active time. In a second aspect, alone or in combination with the first aspect, process 1200 includes receiving, prior to receiving the SCell activation message, fourth information indicating that a WUS applies to a set of groups of cells selected from the first group of cells and the second group of cells, wherein the particular group of cells is not included in the set of groups of cells, and receiving, prior to receiving the SCell activation message, a WUS. In a third aspect, alone or in combination with one or more of the first and second aspects, process 1200 includes entering, prior to receiving the SCell activation message, a DRX active time for the set of groups of cells. In a fourth aspect, alone or in combination with one or more of the first through third aspects, the SCell activation message is an SCell activation medium access control control element.)
schedule, upon activation of the cell and regardless of a discontinuous reception configuration, the user equipment for data transmission for a period of time ([0148] The transmission component 1104 may transmit, to a UE first information indicating a first DRX configuration for a first group of cells and second information indicating a second DRX configuration for a second group of cells).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
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.
Claims 4-8, 13-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over He in view of Dinan et al (US20160270064A1) (hereinafter "Dinan").
Regarding claim 4, He fails to disclose the method, wherein activation of the cell comprises an activation delay period.
However, Dinan discloses the method, wherein activation of the cell comprises an activation delay period ([0164] 3GPP TS 36.133 describes the SCell activation delay requirement for a deactivated SCell. [0176] In an example embodiment, while activating an SCell if any other SCell is activated, deactivated, configured and/or deconfigured by the UE then the UE activation delay may increase.).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the method, wherein activation of the cell comprises an activation delay period.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 5, He fails to disclose the method, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed before or after the activation delay period.
However, Dinan discloses the method, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed before or after the activation delay period. ([0122] In an example embodiment, the timing reference for SCells in an sTAG may be the SIB2 linked downlink of the SCell on which the preamble for the latest RA procedure was sent. There may be one timing reference and one time alignment timer (TAT) per TA group. [0166] In the current LTE-Advanced transceiver operations when a UE receives a MAC activation command for an SCell in subframe n, the UE starts reporting CQI/PMI/RI/PTI for the SCell at subframe n+8 and starts or restarts the sCellDeactivationTimer associated with the SCell at subframe n+8. [0169] Other activation actions listed below (if configured) are applied no later than the minimum defined delay requirement and no earlier than subframe n+8. Other actions include one or many of the following: SRS transmissions on the SCell; PDCCH monitoring on the SCell; PDCCH monitoring for the SCell; trigger PHR.).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the method, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed before or after the activation delay period.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 6, He fails to disclose the method, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed prior to the activation delay period ending.
However, Dinan discloses the method, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed prior to the activation delay period ending ([0122] In an example embodiment, the timing reference for SCells in an sTAG may be the SIB2 linked downlink of the SCell on which the preamble for the latest RA procedure was sent. There may be one timing reference and one time alignment timer (TAT) per TA group. [0189] The eNB may transmit a MAC activation command 1610 to activate the PUCCH SCell. The UE may receive the activation command at subframe n, and may perform downlink actions related to the SCell activation command for the PUCCH SCell being activated no later than the SCell activation delay as described in the specification (T_activate 1635).).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the method, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed prior to the activation delay period ending.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 7, He fails to disclose the method, wherein when a timing advance timer has expired, the listening for downlink scheduling is performed after the activation delay period.
However, Dinan discloses the method, wherein when a timing advance timer has expired, the listening for downlink scheduling is performed after the activation delay period ([0207] In addition, if the serving cell is a PUCCH SCell and the timeAlignmentTimer of the TAG including the serving cell (the PUCCH SCell) expires, then the UE may perform one or more of the following actions. … In an example embodiment, the UE may continue monitoring PDCCH and transmit uplink packets and SRSs in serving cell(s) of the PUCCH group if the serving cells are in an in-sync TAG. In an example embodiment, the UE may continue monitoring receive broadcast information/transport blocks (e.g. Multicast CH, and/or MBSFN subframes) in downlink carrier(s) of the serving cell(s) of the PUCCH group.).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the method, wherein when a timing advance timer has expired, the listening for downlink scheduling is performed after the activation delay period.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 8, He fails to disclose the method, wherein when a timing advance timer has expired, the method further comprises: transmitting a measurement report to the network element; and communicating with the network element on a downlink beam based on the measurement report, wherein the listening for downlink scheduling is performed after the activation delay period.
However, Dinan discloses the method, wherein when a timing advance timer has expired, the method further comprises:
transmitting a measurement report to the network element; and ([0194] In an example, for a PUCCH group, in which PUCCH SCell is in a TAG that its time-alignment is not running, no downlink shared channel transport block may be received on DL-SCH until PUCCH is activated and uplink synchronized using RACH. DL-SCH TBs may be received after the UE reports valid CQI. [0195] When an SCell is activated, CSI reports may be transmitted in the uplink after PUCCH SCell is activated and uplink synchronized.)
communicating with the network element on a downlink beam based on the measurement report ([0194] In an example, for a PUCCH group, in which PUCCH SCell is in a TAG that its time-alignment is not running, no downlink shared channel transport block may be received on DL-SCH until PUCCH is activated and uplink synchronized using RACH. DL-SCH TBs may be received after the UE reports valid CQI. [0195] When an SCell is activated, CSI reports may be transmitted in the uplink after PUCCH SCell is activated and uplink synchronized.),
wherein the listening for downlink scheduling is performed after the activation delay period ([0207] In addition, if the serving cell is a PUCCH SCell and the timeAlignmentTimer of the TAG including the serving cell (the PUCCH SCell) expires, then the UE may perform one or more of the following actions. … In an example embodiment, the UE may continue monitoring PDCCH and transmit uplink packets and SRSs in serving cell(s) of the PUCCH group if the serving cells are in an in-sync TAG. In an example embodiment, the UE may continue monitoring receive broadcast information/transport blocks (e.g. Multicast CH, and/or MBSFN subframes) in downlink carrier(s) of the serving cell(s) of the PUCCH group.).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the method, wherein when a timing advance timer has expired, the method further comprises: transmitting a measurement report to the network element; and communicating with the network element on a downlink beam based on the measurement report, wherein the listening for downlink scheduling is performed after the activation delay period.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 13, He fails to disclose the apparatus, wherein activation of the cell comprises an activation delay period.
However, Dinan discloses the apparatus, wherein activation of the cell comprises an activation delay period ([0164] 3GPP TS 36.133 describes the SCell activation delay requirement for a deactivated SCell. [0176] In an example embodiment, while activating an SCell if any other SCell is activated, deactivated, configured and/or deconfigured by the UE then the UE activation delay may increase.).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the apparatus, wherein activation of the cell comprises an activation delay period.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 14, He fails to disclose the apparatus, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed before or after the activation delay period.
However, Dinan discloses the apparatus, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed before or after the activation delay period. ([0122] In an example embodiment, the timing reference for SCells in an sTAG may be the SIB2 linked downlink of the SCell on which the preamble for the latest RA procedure was sent. There may be one timing reference and one time alignment timer (TAT) per TA group. [0166] In the current LTE-Advanced transceiver operations when a UE receives a MAC activation command for an SCell in subframe n, the UE starts reporting CQI/PMI/RI/PTI for the SCell at subframe n+8 and starts or restarts the sCellDeactivationTimer associated with the SCell at subframe n+8. [0169] Other activation actions listed below (if configured) are applied no later than the minimum defined delay requirement and no earlier than subframe n+8. Other actions include one or many of the following: SRS transmissions on the SCell; PDCCH monitoring on the SCell; PDCCH monitoring for the SCell; trigger PHR.).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the apparatus, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed before or after the activation delay period.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 15, He fails to disclose the apparatus, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed prior to the activation delay period ending.
However, Dinan discloses the apparatus, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed prior to the activation delay period ending ([0122] In an example embodiment, the timing reference for SCells in an sTAG may be the SIB2 linked downlink of the SCell on which the preamble for the latest RA procedure was sent. There may be one timing reference and one time alignment timer (TAT) per TA group. [0189] The eNB may transmit a MAC activation command 1610 to activate the PUCCH SCell. The UE may receive the activation command at subframe n, and may perform downlink actions related to the SCell activation command for the PUCCH SCell being activated no later than the SCell activation delay as described in the specification (T_activate 1635).).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the apparatus, wherein when a timing advance timer has not expired, the listening for downlink scheduling is performed prior to the activation delay period ending.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 16, He fails to disclose the apparatus, wherein when a timing advance timer has expired, the listening for downlink scheduling is performed after the activation delay period.
However, Dinan discloses the apparatus, wherein when a timing advance timer has expired, the listening for downlink scheduling is performed after the activation delay period ([0207] In addition, if the serving cell is a PUCCH SCell and the timeAlignmentTimer of the TAG including the serving cell (the PUCCH SCell) expires, then the UE may perform one or more of the following actions. … In an example embodiment, the UE may continue monitoring PDCCH and transmit uplink packets and SRSs in serving cell(s) of the PUCCH group if the serving cells are in an in-sync TAG. In an example embodiment, the UE may continue monitoring receive broadcast information/transport blocks (e.g. Multicast CH, and/or MBSFN subframes) in downlink carrier(s) of the serving cell(s) of the PUCCH group.).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the apparatus, wherein when a timing advance timer has expired, the listening for downlink scheduling is performed after the activation delay period.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 17, He fails to disclose the apparatus, wherein when a timing advance timer has expired, the apparatus is further caused to: transmit a measurement report to the network element; and communicate with the network element on a downlink beam based on the measurement report, wherein the listening for downlink scheduling is performed after the activation delay period.
However, Dinan discloses the apparatus, wherein when a timing advance timer has expired, the method further comprises:
transmit a measurement report to the network element; and ([0194] In an example, for a PUCCH group, in which PUCCH SCell is in a TAG that its time-alignment is not running, no downlink shared channel transport block may be received on DL-SCH until PUCCH is activated and uplink synchronized using RACH. DL-SCH TBs may be received after the UE reports valid CQI. [0195] When an SCell is activated, CSI reports may be transmitted in the uplink after PUCCH SCell is activated and uplink synchronized.)
communicate with the network element on a downlink beam based on the measurement report ([0194] In an example, for a PUCCH group, in which PUCCH SCell is in a TAG that its time-alignment is not running, no downlink shared channel transport block may be received on DL-SCH until PUCCH is activated and uplink synchronized using RACH. DL-SCH TBs may be received after the UE reports valid CQI. [0195] When an SCell is activated, CSI reports may be transmitted in the uplink after PUCCH SCell is activated and uplink synchronized.),
wherein the listening for downlink scheduling is performed after the activation delay period ([0207] In addition, if the serving cell is a PUCCH SCell and the timeAlignmentTimer of the TAG including the serving cell (the PUCCH SCell) expires, then the UE may perform one or more of the following actions. … In an example embodiment, the UE may continue monitoring PDCCH and transmit uplink packets and SRSs in serving cell(s) of the PUCCH group if the serving cells are in an in-sync TAG. In an example embodiment, the UE may continue monitoring receive broadcast information/transport blocks (e.g. Multicast CH, and/or MBSFN subframes) in downlink carrier(s) of the serving cell(s) of the PUCCH group.).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the apparatus, wherein when a timing advance timer has expired, the apparatus is further caused to: transmit a measurement report to the network element; and communicate with the network element on a downlink beam based on the measurement report, wherein the listening for downlink scheduling is performed after the activation delay period.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Regarding claim 20, He fails to disclose the apparatus, wherein activation of the cell comprises an activation delay period.
However, Dinan discloses the apparatus, wherein activation of the cell comprises an activation delay period ([0164] 3GPP TS 36.133 describes the SCell activation delay requirement for a deactivated SCell. [0176] In an example embodiment, while activating an SCell if any other SCell is activated, deactivated, configured and/or deconfigured by the UE then the UE activation delay may increase.).
He and Dinan are considered to be analogous to the claimed invention because both are in the same endeavor of techniques for operation of multiple physical uplink control channel groups and PUCCH secondary cell activation.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have a motivation to combine the teachings of He with Dinan to create the apparatus, wherein activation of the cell comprises an activation delay period.
The motivation to combine both references would come from the need to ensure uplink communication synchronization or to update the uplink timing reference.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
Section I of the Appellant's Brief (pages 8-9) argues that "He does not disclose or suggest, at least, 'entering, regardless of a discontinuous reception configuration, a no discontinuous reception mode in the cell,' as recited in claim 1" since "a 'DRX on duration' does not correspond to a 'no DRX mode'". Appellant further states, "In contrast, claim 1 recites a method where a no DRX mode in the cell is entered" and "Additionally, because He fails to disclose or suggest entering a no DRX mode, He necessarily fails to disclose or suggest listening for downlink (DL) scheduling in the cell for a period of time while in the no DRX mode."
Examiner respectfully disagrees. In reviewing the Appellant's response, Examiner cannot find any specific arguments as to which elements of the rejected claim Harada fails to teach, besides general allegations. First, the Examiner respectfully submits that the argument is argument is irrelevant and is misplaced because the subject matter of Claim 1 does not pertain to a "DRX on duration" corresponding to a "no DRX mode."
Second, the term "no discontinuous reception mode" is not defined in the claim. The Examiner notes that it is improper to import claim limitations from the specification.
"Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment." MPEP 2111.01 (II) citing to Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004).
Consequently, the expression "no discontinuous reception mode" is open to the broadest reasonable interpretation. As illustrated figure three of He, the DRX configuration consists of several DRX cycles, in which there are two DRX operating modes. One mode (sleep state) is a scenario in which the UE is not actively monitoring the PDCCH, and is analogous to an off/inactive mode, DRX enabled, or DRX mode. The other instance (on-duration) is where the UE is continuous monitoring PDCCH, which corresponds to an awake/on/active mode, DRX disabled, or no DRX mode.
Appellant further argues that, "In contrast, claim 1 recites a method where a no DRX mode in the cell is entered. However, as illustrated in Fig. 3 and disclosed in paragraph [0070] of He, the 'DRX on duration' is part of the DRX configuration transmitted to the UE 120."
Examiner notes that the claim as worded, indicates that regardless of a discontinuous reception configuration, the UE enters a no discontinuous reception mode. The claim does not exclude the possibility the no-DRX mode is part of the DRX configuration. Additionally, in figure three of He, the wakeup signals may serve to bring the UE into an active state, regardless of on duration and sleep cycle scheduling provided by the DRX configuration.
Clearly, He demonstrates a method where a no discontinuous reception mode is entered due to a wakeup signal, regardless of the discontinuous reception configuration. Therefore, the Examiner respectfully notes that based on broadest reasonable interpretation, and given the particular disclosure of He, the wakeup signal mechanism of He reads on Appellant's "entering, regardless of a discontinuous reception configuration, a no discontinuous reception mode in the cell" as recited in the claims. Furthermore, He discloses the listening for downlink scheduling in the cell for a period of time while in the no DRX mode.
Section II of the Appeal Brief (pg. 9-11) states "A UE that is 'on' does not correspond to a UE entering a 'no DRX mode'," and that "However, it is respectfully submitted that the techniques and configuration of He cannot arrive at the claimed elements at least because the network node 110 configures a DRX cycle 305 for the UE 120. Specifically, Fig. 3 of He illustrates that the UE 120 is operating in a DRX on duration 310 within the DRX cycle 305. In other words, the DRX on duration 310 of He is part of the DRX configuration ( e.g., UE 120 enters DRX on duration based on the DRX configuration), and when the UE 120 operates in the DRX on duration 310, the UE 120 is in a DRX mode. He also discloses that the network node 110 configures an 'on-duration timer' for the UE 120, which further indicates that the UE 120 is operating in DRX mode." See Brief at page 9-11.
Examiner respectfully disagrees. Again, the claim does not focus on a "no DRX mode" corresponding to a UE that is "on." As previously noted, the "no discontinuous reception mode" phrase used in the claim and "no DRX mode" term mentioned in the Brief are not defined in the claim. Consequently, the expression "no discontinuous reception mode" is open to the broadest reasonable interpretation. He explains the DRX configuration to consist of DRX cycles which contain periods of DRX on duration and periods of DRX sleep state. The DRX on duration can be understood as the time during which a UE is awake or in an active state, and the DRX sleep state being the time during which the UE is inactive. Moreover, the wording of the claim does not preclude the on duration being part of the DRX configuration. Rather, the claim is interpreted to mean that the UE disregards the current active/inactive cycle it is in (provided by the discontinuous reception configuration), and enters an active state. Contrary to the Appellant's assertion, the Examiner has found no evidence to suggest that the "on-duration timer" in He indicates that the UE is operating in DRX mode. Rather, He [0070] explicitly states that the UE is in an active state during the on duration, and inactive during the sleep state.
Appellant further argues on page 11 of Brief that "If the DRX sleep period in He is considered as the DRX mode, this would suggest that the UE 120 is in a 'no reception mode' instead of a 'discontinuous reception mode.' Additionally, He discloses that the network node 110 configures a DRX-Shortcycle which includes both an on duration and a sleep period. In other words, the 'DRX mode' in He would encompass both the on duration and the sleep period."
Examiner respectfully submits that the argument fails to describe which particular claim element is not taught or falls apart because of this description, especially in view that He anticipates each and every limitation. Examiner respectfully notes that a "no reception mode" is not recited in the claim nor in He. Since the subject matter of claim is not about "reception mode," such arguments cannot be persuasive. Additionally, He does not use the term "DRX mode," and the Examiner has found no evidence in He to suggest that sleep mode or the on duration to simultaneously encompass both the sleep mode and the on duration (or the inactive and active time).
Section III of Appellant Brief, on page 12, states that "A UE in an inactive state does not correspond to a UE in a no DRX mode." Appellant further argues, "As disclosed in paragraph [0039] of Appellant's specification, the UE is in connected state when activating a cell from a deactivated state, and only a UE in a connected state can activate a cell. Thus, since the UE 120 in He would not be able to activate a cell if it is in an inactive state, it is respectfully submitted that He's UE 120 in an inactive state does not correspond to entering a no DRX reception mode." Examiner respectfully disagrees. As with the previous arguments, the claim limitation does not involve whether or not "UE in an inactive state does not correspond to a UE in a no DRX mode." The claim states, "… entering, regardless of a discontinuous reception configuration, a no discontinuous reception mode in the cell …"
As noted before, the "no discontinuous reception mode" phrase used in the claim is not defined in the claim. Accordingly, the expression "no discontinuous reception mode" is open to the broadest reasonable interpretation. He discloses a DRX configuration, during which time, the UE may enter a DRX on duration based at least in part on whether a wakeup signal is received. As described by He [0070], a DRX cycle may include a DRX on duration (e.g., during which a UE is awake or in an active state) and an opportunity to enter a DRX sleep state; the time during which the UE is configured to be in an active state during the DRX on duration may be referred to as an active time, and the time during which the UE is configured to be in the DRX sleep state may be referred to as an inactive time. If the UE receives a wakeup signal while it is in the DRX sleep state, the UE may enter a DRX on duration and monitor a PDCCH. The on duration is interrupted to be the no-DRX mode since the UE is actively monitoring PDCCH; the DRX mode is interpreted to be the sleep state. Consequently, a UE in an inactive state corresponds to a UE in a DRX enabled mode.
Moreover, Appellant appears to have misconstrued the Examiner's meaning of the term "inactive." The Examiner notes that "inactive" refers to the state of not actively monitoring the PDCCH. In fact, He (para. [0070]) alternatively uses the word "inactive" when describing the sleep state. The term "inactive" as used by the Examiner is not relevant to the RRC_INACTIVE connection state.
Section III of the Appeal Brief (pages 13-15) argues that claim 4 is novel, stating, "Appellant also respectfully submits that claim 4 is patentable over He at least because He does not disclose or suggest that the activation of the cell includes an activation delay period. … He is silent as to any delay period of the activation of the SCell once the UE 110 receives the SCell activation message, and does not take in to account an activation delay period of the activation during the active/inactive states of the UE 120."
Applicant’s arguments with respect to claim 4 has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Section III of the Appeal Brief (pages 16-18) argues that claim 8 is novel, stating, "Appellant also respectfully submits that claim 8 is patentable over He at least because He does not disclose or suggest, "wherein when a timing advance timer has expired, the method further comprises ... communicating with the network element on a downlink beam based on the measurement report."
Applicant’s arguments with respect to claim 8 has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Section III of the Appeal Brief (pages 22-23) argues that claim 19 is novel, stating, "In other words, He fails to disclose or suggest that the transmission component 1104 requests the UE to activate any cell. … Contrary to the Office Action's position, He is silent as to the DRX configuration acting/serving as a request for the UE to activate a cell from a deactivated state." Examiner respectfully disagrees.
Para. 0061 and 0068 state:
[0061] In some aspects, the network node 110 includes means for transmitting, to a UE first information indicating a first DRX configuration for a first group of cells and second information indicating a second DRX configuration for a second group of cells; means for transmitting third information configuring a WUS for the UE; means for transmitting fourth information indicating that the WUS applies to a set of groups of cells selected from the first group of cells and the second group of cells; and/or means for transmitting the WUS based at least in part on the third information.
[0068] For example, a UE may receive configuration information indicating whether a WUS applies to a first DRX group, a second DRX group, or both. The UE may receive a WUS, and may enter a DRX active time (e.g., a DRX on duration) for the one or more DRX groups to which the WUS is configured to apply. Thus, compatibility between the WUS and DRX groups is provided, which reduces power consumption and missed communications that would otherwise occur if compatibility between the WUS and DRX group configuration is not provided. Furthermore, some techniques and apparatuses described herein provide for subsequent activation of an inactive DRX group (e.g., after a WUS is received that is mapped to an active DRX group), such as using an SCell activation medium access control (MAC) control element (MAC-CE), which improves flexibility of WUS signaling and DRX configuration.
From the above paragraphs, He discloses that a network node transmits to the UE: first and second DRX configuration for a first group of cells and a second group of cells; information configuring a wakeup signal for the UE and indicating that the wakeup signal applies to a set of groups of cells selected from the first group of cells and the second group of cells; and an SCell activation message which may serve to indicate to activate an SCell belonging to the DRX group that the network node is to wake up.
Claims 2-3, 5-7, 9-18, and 20 are not argued separately. As such, the rejection for these claims shall be maintained.
Conclusion
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/D LITTLE/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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