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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1, 9, 16,25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 6 of U.S. Patent No. 12,342,279 B2 to Ly et al. Although the claims at issue are not identical, they are not patentably distinct from each other.
AS to claim 1, claim 6 of Ly discloses A method of wireless communication performed by a user equipment (UE), the method including: generating a scheduling request (SR) that includes an indicator associated with processing of the SR as a wake-up signal (WUS) (claim 6: “wherein the wake up signal is … a scheduling request transmission”; claim 1: “transmit, to the network entity, a wake up signal …”); and transmitting the SR to a network entity (claim 6: “wherein the wake up signal is … a scheduling request transmission”; claim 1: “transmit, to the network entity, a wake up signal …”).
As to claim 9, see double patenting rejection for claim 1.
AS to claim 16, claim 6 of Ly discloses A method of wireless communication performed by a network entity, the method including: receiving a scheduling request (SR) that includes an indicator associated with processing of the SR as a wake-up signal (WUS) (claim 6: “wherein the wake up signal is … a scheduling request transmission”; claim 1: “transmit, to the network entity, a wake up signal …”); setting a network energy saving (NES) state associated with the network entity based on the SR. (claim 6: “wherein the wake up signal is … a scheduling request transmission”; claim 1: “transmit, to the network entity, a wake up signal to transition the network entity from an inactive state to the active state …”).
As to claim 25, see double patenting rejection for claim 16.
Claims 1, 9, 16,25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 16 of copending Application No. U.S. Patent Publication No. 2024/0389017 A1 to Elshafie et al. (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
AS to claim 1, claim 16 of Elshafie discloses A method of wireless communication performed by a user equipment (UE), the method including: generating a scheduling request (SR) that includes an indicator associated with processing of the SR as a wake-up signal (WUS) (claim 16: “wherein the respective information associated with the C-WUS format includes at least one of: a scheduling request for a sidelink communication…”; claim 1: “transmit, to the network node, a C-WUS associated with a C-WUS format …”); and transmitting the SR to a network entity (claim 16: “wherein the respective information associated with the C-WUS format includes at least one of: a scheduling request for a sidelink communication…”; claim 1: “transmit, to the network node, a C-WUS associated with a C-WUS format …”).
As to claim 9, see double patenting rejection for claim 1.
AS to claim 16, claim 16 of Elshafie discloses A method of wireless communication performed by a network entity, the method including: receiving a scheduling request (SR) that includes an indicator associated with processing of the SR as a wake-up signal (WUS) (claim 16: “wherein the respective information associated with the C-WUS format includes at least one of: a scheduling request for a sidelink communication…”; claim 1: “transmit, to the network node, a C-WUS associated with a C-WUS format …”); setting a network energy saving (NES) state associated with the network entity based on the SR. (claim 16: “wherein the respective information associated with the C-WUS format includes at least one of: a scheduling request for a sidelink communication…”; claim 1: “transmit, to the network node, a C-WUS associated with a C-WUS format …”).
As to claim 25, see double patenting rejection for claim 16.
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) 1-7,9-14,16-23,25-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Publication No. 2024/0098636 A1 to Babaei.
AS to claim 1, Babaei discloses a method of wireless communication performed by a user equipment (UE), the method including: generating a scheduling request (SR) (paragraphs 57, 236: UCI may be embodied by and/or include “scheduling request”) that includes an indicator associated with processing of the SR as a wake-up signal (WUS) (paragraphs 246, 282: “the UCI used for transmission of the wakeup request/WUS may be based on a scheduling request, e.g., a scheduling request associated with a first scheduling request configuration”, where in view of paragraphs 57 and 236’s teaching that the UCI may be an SR, teaches to a phosita that the UCI disclosed in paragraphs 246, 282 may be embodied in an SR, which is then also utilized or functions also as a “wakeup request/WUS”, teaching this limitation); and
transmitting the SR to a network entity (see discussion above, where UCI is transmitted from UE to a base station, enB or network entity; also see Fig. 16).
AS to claim 2, Babaei discloses the method as in the parent claim 1.
Babaei further discloses wherein the SR indicates: a request for the network entity to change a network energy saving (NES) state (paragraphs 246, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)”, collectively teaching this limitation; also see paragraph 247); a request for the network entity to transmit a synchronization signal block (SSB) (paragraph 247), a request for the network entity to transmit a system information block type 1 (SIB1) (paragraph 247), an uplink (UL) resource grant request from the network entity (paragraph 247), or a combination thereof.
AS to claim 3, Babaei discloses the method as in the parent claim 1.
Babaei further discloses wherein: the SR indicates a request for the network entity to change a network energy saving (NES) state, the NES state is a low energy state corresponding to an inactive state or a high energy state corresponding to an active state (paragraphs 246, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)”, collectively teaching this limitation; also see paragraph 247), and transmitting the SR to the network entity includes transmitting a first physical uplink control channel (PUCCH) occasion that includes the SR (paragraphs 57, 209, disclosing “Physical Uplink Control Channel (PUCCH) for carrying UCI”).
AS to claim 4, Babaei discloses the method as in the parent claim 3.
Babaei further discloses wherein transmitting the SR in the first PUCCH occasion includes transmitting the SR periodically (paragraphs 209, 57, 246, 247, 232; periodicity for PUcCH carrying SR), the method further comprising: transmitting multiple PUCCH occasions, the multiple PUCCH occasions including the first PUCCH occasion and a second PUCCH occasion, wherein the second PUCCH occasion includes another SR that is configured to request an uplink (UL) resource for transmission of data. (paragraphs 209, 57, 246, 247, 232: periodicity and time occasions for transmitting PUCCH carrying SR; paragraphs 138,139: resource scheduling functions of an SR).
AS to claim 5, Babaei discloses the method as in the parent claim 1.
Babaei further discloses wherein the SR is configured to be processed based on a network energy saving (NES) state of the network entity. (paragraphs 209, 57, 246, 247, 232: “the dormant/power saving/NES state may be associated with varying a periodicity and/or changing transmission pattern and/or stopping transmission (e.g., in/during a duration) of … PUCCH carrying SR”; paragraphs 138,139: resource scheduling functions of an SR).
AS to claim 6, Babaei discloses the method as in the parent claim 5.
Babaei further discloses wherein the SR is configured to be processed as: the WUS based on the NES state of the network entity being a low energy NES state (paragraphs 246, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)” and “to wake up/exit from the dormant/power saving/NES state”, collectively teaching this limitation; also see paragraph 247), a request for an uplink resource based on the NES state of the network entity being a default operating NES state, or a request to transmit system information block type 1 (SIB1) based on the NES state of the network entity being an SIB1-less state.
AS to claim 7, Babaei discloses the method as in the parent claim 1.
Babaei further discloses wherein the SR includes one or more bits that indicate a request to: allocate an uplink (UL) resource grant (paragraphs 138-139), switch from a low-energy network energy saving (NES) state to a high-energy NES state or from a high-energy NES state to a low-energy NES state (paragraphs 246, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)” and “to wake up/exit from the dormant/power saving/NES state”, collectively teaching this limitation; also see paragraph 247), activate one or more component carriers (CCs), initiate a synchronized signal block (SSB) transmission (paragraph 247), or initiate a system information block type 1 (SIB1) transmission (paragraph 247).
As to claims 9-14, please see rejections for claims 1-4,6-7, in the same order.
AS to claim 16, Babaei discloses A method of wireless communication performed by a network entity, the method including: receiving a scheduling request (SR) that includes an indicator associated with processing of the SR as a wake-up signal (WUS) (paragraphs 246, 282: “the UCI used for transmission of the wakeup request/WUS may be based on a scheduling request, e.g., a scheduling request associated with a first scheduling request configuration”, where in view of paragraphs 57 and 236’s teaching that the UCI may be an SR, teaches to a phosita that the UCI disclosed in paragraphs 246, 282 may be embodied in an SR, which is then also utilized or functions also as a “wakeup request/WUS”, teaching this limitation); setting a network energy saving (NES) state associated with the network entity based on the SR. (paragraphs 246-247, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)”, collectively teaching this limitation; also see paragraph 247).
AS to claim 17, Babaei discloses the method as in the parent claim 16.
Babaei further discloses wherein the NES state is a low energy state corresponding to an inactive state or a high energy state corresponding to an active state (paragraphs 246, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)”, collectively teaching this limitation; also see paragraph 247), and wherein setting the NES state associated with the network entity includes changing the NES state from the low energy state to the high energy state or from the high energy state to the lower energy state. (paragraphs 246, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)” and “to wake up/exit from the dormant/power saving/NES state”, collectively teaching this limitation; also see paragraph 247)
AS to claim 18, Babaei discloses the method as in the parent claim 16.
Babaei further discloses further comprising, based on the SR: transmitting a synchronization signal block (SSB) (paragraph 247), transmitting a system information block type 1 (SIB1) (paragraph 247), allocating an uplink (UL) resource grant to a user equipment (UE) (paragraph, 138,139, 247), or a combination thereof.
AS to claim 19, Babaei discloses the method as in the parent claim 16.
Babaei further discloses wherein setting the NES state includes changing the NES state instead of allocating resources to a user equipment (UE) for a physical uplink control channel (PUCCH). (paragraphs 246, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)”, collectively teaching this limitation; also see paragraph 247)
AS to claim 20, Babaei discloses the method as in the parent claim 16.
Babaei further discloses wherein receiving the SR includes periodically receiving the SR in a physical uplink control channel (PUCCH) occasion, and wherein the network entity is configured to process the SR as the WUS based on receiving the SR in the PUCCH occasion. (paragraphs 209, 57, 246, 247, 232: periodicity and time occasions for transmitting PUCCH carrying SR; (paragraphs 246, 282: “the UCI used for transmission of the wakeup request/WUS may be based on a scheduling request, e.g., a scheduling request associated with a first scheduling request configuration”, where in view of paragraphs 57 and 236’s teaching that the UCI may be an SR, teaches to a phosita that the UCI disclosed in paragraphs 246, 282 may be embodied in an SR, which is then also utilized or functions also as a “wakeup request/WUS”, teaching this limitation).
AS to claim 21, Babaei discloses the method as in the parent claim 20.
Babaei further discloses further comprising: receiving a plurality of PUCCH occasions, in addition to the PUCCH occasion, wherein each of the plurality of PUCCH occasions includes a second SR that is configured to indicate, to the network entity, that a user equipment (UE) has data available to transmit and to request an uplink (UL) resource, from the network entity, to transmit the data. (paragraphs 209, 57, 246, 247, 232: periodicity and time occasions for transmitting PUCCH carrying SR; paragraphs 138,139: resource scheduling functions of an SR).
AS to claim 22, Babaei discloses the method as in the parent claim 16.
Babaei further discloses further comprising: processing the SR based on the NES state associated with the network entity (paragraphs 209, 57, 246, 247, 232: “the dormant/power saving/NES state may be associated with varying a periodicity and/or changing transmission pattern and/or stopping transmission (e.g., in/during a duration) of … PUCCH carrying SR”; paragraphs 138,139: resource scheduling functions of an SR),
wherein, in response to the NES state of the network entity being: in a low energy NES state, corresponding to an inactive state, the SR is processed, by the network entity, as the WUS (paragraphs 246, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)” and “to wake up/exit from the dormant/power saving/NES state”, collectively teaching this limitation; also see paragraph 247),
in a default operating NES state, corresponding to an active state, the SR is processed, by the network entity, as an indication of a request, by a user equipment (UE), for an uplink resources to transmit data to the network entity, or
in a system information block type 1 (SIB1)-less state, the SR is processed, by the network entity, as a request, by the UE to the network entity, to transmit SIB1.
AS to claim 23, Babaei discloses the method as in the parent claim 16.
Babaei further discloses wherein: the SR includes a plurality of bits, and each bit of the plurality of bits indicates, to the network entity, a request to: allocate, to a user equipment (UE), an uplink (UL) resource grant (paragraphs 138-139), switch from a low-energy NES state to a high-energy NES state or from a high-energy NES state to a low-energy NES state (paragraphs 246, 282, disclosing sending a SR/UCI that functions also as a “wakeup request/WUS”; paragraph 231-235, disclosing that the “wakeup request/WUS” causes the “base station”/network entity to change “network energy saving (NES) state(s)” and “to wake up/exit from the dormant/power saving/NES state”, collectively teaching this limitation; also see paragraph 247), activate one or more component carriers (CCs), initiate a synchronized signal block (SSB) transmission (paragraph 247), or initiate a system information block type 1 (SIB1) transmission (paragraph 247).
As to claims 25-30, see rejection for claims 16, 17, 18, 19, 20 and 20, in the same order.
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 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) 8, 15,24 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication No. 2024/0098636 A1 to Babaei, in view of U.S. Patent Publication No. 2017/0013610 A1 to Lee et al.
AS to claim 8, Babaei discloses the method as in the parent claim 7.
Babaei does not appear to explicitly disclose “wherein the one or more bits include a plurality of bits, the method further comprising: multiplexing the plurality of bits on a physical uplink control channel (PUCCH) based on a cyclic shift that corresponds to a Zadoff-Chu (ZC) sequence.”
Lee discloses wherein the one or more bits include a plurality of bits, the method further comprising: multiplexing the plurality of bits on a physical uplink control channel (PUCCH) based on a cyclic shift that corresponds to a Zadoff-Chu (ZC) sequence. (paragraph 252)
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to utilize Lee’s teachings discussed above, in conjunction with the teachings of Babaei, to reject the limitations of this claim, at least because both references pertain to control signaling, e.g., SR(s) and PUCCHs, in wireless communication infrastructures, and because it would have been obvious and beneficial to a phosita to apply the multiplexing methodology disclosed in Lee, to the PUcCH and SRs disclosed in Babaei, in order to achieve efficiency in resource allocation. The suggestion/motivation would have been to optimize and improve methods for resource assignment and allocation in wireless communication systems. (Babaei, paragraphs 24-44; Lee, paragraphs 1-21). Furthermore, please note that the features of the limitations above have been shown to be known or disclosed in the cited references, and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date.
As to claim 15, please see rejection for claim 8.
AS to claim 24, Babaei discloses the method as in the parent claim 23.
Babaei discloses further comprising: transmitting a configuration message operable to cause a user equipment (UE) to configure the scheduling request to function as the WUS (paragraphs 246, 282: “the UCI used for transmission of the wakeup request/WUS may be based on a scheduling request, e.g., a scheduling request associated with a first scheduling request configuration”, where in view of paragraphs 57 and 236’s teaching that the UCI may be an SR, teaches to a phosita that the UCI disclosed in paragraphs 246, 282 may be embodied in an SR, which is then also utilized or functions also as a “wakeup request/WUS”; further note the “first scheduling request configuration” in paragraphs 246-247, indicating WUS functionality, teaching this limitation)
Babaei does not appear to explicitly disclose “wherein: the configuration message includes indicators of a plurality of cyclic shifts, each cyclic shift of the plurality of cyclic shifts corresponding to a Zadoff-Chu sequence, and the UE is configurable to generate the plurality of bits based on a cyclic shift selected from among the plurality of cyclic shifts.”
Lee discloses “wherein: the configuration message includes indicators of a plurality of cyclic shifts, each cyclic shift of the plurality of cyclic shifts corresponding to a Zadoff-Chu sequence, and the UE is configurable to generate the plurality of bits based on a cyclic shift selected from among the plurality of cyclic shifts.” (paragraph 252)
Before the effective filing date, it would have been obvious to a person of ordinary skill in the art to utilize Lee’s teachings discussed above, in conjunction with the teachings of Babaei, to reject the limitations of this claim, at least because both references pertain to control signaling, e.g., SR(s) and PUCCHs, in wireless communication infrastructures, and because it would have been obvious and beneficial to a phosita to apply the cyclic shift teachings disclosed in Lee, to the signaling/messaging disclosed in Babaei, in order to achieve efficiency in resource allocation. The suggestion/motivation would have been to optimize and improve methods for resource assignment and allocation in wireless communication systems. (Babaei, paragraphs 24-44; Lee, paragraphs 1-21). Furthermore, please note that the features of the limitations above have been shown to be known or disclosed in the cited references, and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions and the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date.
Conclusion
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/CHI TANG P CHENG/Primary Examiner, Art Unit 2463