DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Patent No. US 11805494 B2
Claims 1-30 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-28 of Patent No. US 11805494 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in pending application are transparently found in Patent No. US 11805494 B2 with obvious wording variation. For example, compare Claim 1 of pending application with claim 1 of Patent No. US 11805494 B2, they both recite
A method for wireless communication by a user equipment (UE), comprising (A method for wireless communication by a user equipment (UE), comprising):
determining a set of paging cycles for receiving paging information from a base station (BS) (determining a set of paging cycles for receiving paging information);
receiving a first paging early indicator (PEI) from the BS in a first paging cycle of the set of paging cycles (receiving a first paging early indicator (PEI) in a first paging cycle of the set of paging cycles),
wherein the first PEI indicates whether the paging information will be transmitted to the UE in one or more second paging cycles of the set of paging cycles occurring after the first paging cycle (wherein the first PEI indicates whether the paging information will be transmitted to the UE in one or more second paging cycles of the set of paging cycles occurring after the first paging cycle); and
receiving the paging information in the one or more second paging cycles based on the first PEI received in the first paging cycle (receiving the paging information in the one or more second paging cycles based on the first PEI received in the first paging cycle).
Further, analyzing and comparing dependent claims 2-14 of the pending application with claims 2-14 of Patent No. US 11805494 B2 it was found that they recite the same limitation with wording changes.
Similarly, analyzing and comparing independent claims 29 of the pending application including its dependent claims with claims 15 including its dependent claims of Patent No. US 11805494 B2 it was found that they recite the same limitation with wording changes.
Patent No. US 12376075 B2
Claims 1-30 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-17 of Patent No. US 12376075 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because all the claimed limitations recited in pending application are transparently found in Patent No. US 12376075 B2 with obvious wording variation. For example, compare Claim 1 of pending application with claim 1 of Patent No. US 12376075 B2, they both recite
A method for wireless communication by a user equipment (UE), comprising (A method for wireless communication by a user equipment (UE), comprising):
determining a set of paging cycles for receiving paging information from a base station (BS) (determining a set of paging cycles for receiving paging information);
receiving a first paging early indicator (PEI) from the BS in a first paging cycle of the set of paging cycles (receiving configuration information indicating how to interpret a paging early indicator (PEI) to determine whether to receive a paging physical downlink control channel (PDCCH) after the PEI is received, wherein the configuration information is received in a radio resource control (RRC) release message; receiving the PEI, wherein: the PEI provides an implicit indication to receive the paging PDCCH based on the configuration information; and the PEI includes: an indication to the UE whether the paging information will be transmitted in one or more paging cycles of the set of paging cycles),
wherein the first PEI indicates whether the paging information will be transmitted to the UE in one or more second paging cycles of the set of paging cycles occurring after the first paging cycle (receiving, based on the PEI, at least one of a first number of a number of synchronization signal block (SSB) bursts or a second number of reference signal (RS) occasions, wherein at least one of the first number of SSB bursts or the second number of RS occasions is based on downlink channel conditions associated with the UE); and
receiving the paging information in the one or more second paging cycles based on the first PEI received in the first paging cycle (receiving, after receiving the first number of SSB burst or the second number of RS occasions, the paging information in the one or more paging cycles indicated by the PEI and the paging PDCCH, wherein: receiving the paging information is based on a paging starting configuration associated with the PEI; and the paging starting configuration indicates a plurality of consecutive paging cycles, of the set of paging cycles, in which to receive the paging information, the plurality of consecutive paging cycles starting from a paging cycle in which the PEI is received).
Further, analyzing and comparing dependent claims 2-14 of the pending application with claims 2-10 of Patent No. US 12376075 B2 it was found that they recite the same limitation with wording changes.
Similarly, analyzing and comparing independent claims 11 of the pending application including its dependent claims with claims 29 including its dependent claims of Patent No. US 12376075 B2 it was found that they recite the same limitation with wording changes.
Note the issued claims of Patent No. US 11805494 B2 and Patent No. US 12376075 B2 are narrower in scope such that the claimed limitations as recited in pending application are encompassed by Patent No. US 11805494 B2 and Patent No. US 12376075 B2 respectively.
Claim analysis - 35 USC § 112
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 29 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: “mean for determining…; means for receiving…; means for receiving …” i.e.,Fig. 14 specifically define the means i.e., communications device 1400 that includes various components operable, configured, or adapted to perform operations for the techniques disclosed herein, such as the operations illustrated in FIGS. 6, 9, and 11 where memory 1412 has means for determining 1414 and means for receiving 1418 i.e., computer-readable medium/memory 1412 stores code 1414 for determining, code 1416 for transmitting, and code 1418 for receiving (Para 195) .
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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, 6-15, 20-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu et al. Pub. No. US 20220046585 A1
Regarding Claim 1, Wu teaches a method for wireless communication by a user equipment (UE) (Fig. 1 and Para 65, gNB 102 provides wireless broadband access to the network 130 for a first plurality of user equipment’s (UEs) within a coverage area 120 of the gNB 102), comprising:
determining a set of paging cycles (Para 134 and Fig. 6, the PEI may indicate in advance whether there are paging messages on the same POs in multiple consecutive paging cycles i.e., determining a set of paging cycles) for receiving paging information from a base station (BS) (Para 14 and 125, The UE comprising: a transceiver; and a controller configured to: receive, from a base station via the transceiver i.e., receiving information from a base station, information indicating whether at least one paging message is to be transmitted in at least one paging occasion (PO) among a plurality of POs configured with the UE) i.e., set of paging cycle);
receiving a first paging early indicator (PEI) from the BS in a first paging cycle of the set of paging cycles (Para 134 and Fig. 6, the PEI may indicate in advance whether there are paging messages on the same POs in multiple consecutive paging cycles, for example, the PEI may indicate with 1-bit information. As shown in FIG. 6, the PEI can indicate that there is a paging message to be transmitted on all of the same POs in multiple consecutive paging cycles, for example, it can be indicated by the value “1” in 1-bit information, and when the UE receives the PEI, the corresponding action of the UE is to monitor these POs; in addition, the PEI may indicate that there is no paging message to be transmitted on all of the same POs in multiple consecutive paging cycles, for example, it may be indicated by the value “0” in 1-bit information, and when the UE receives the PEI, the corresponding action of the UE is to skip the multiple Pos i.e., receiving a first paging early indicator (PEI) from the BS in a first paging cycle of the set of paging cycles),
wherein the first PEI indicates whether the paging information will be transmitted to the UE in one or more second paging cycles of the set of paging cycles occurring after the first paging cycle (Fig. 6 and Para 134, the PEI may indicate in advance whether there are paging messages on the same POs in multiple consecutive paging cycles i.e., first PEI indicates whether the paging information will be transmitted to the UE in one or more second paging cycles, for example, the PEI may indicate with 1-bit information. As shown in FIG. 6, the PEI can indicate that there is a paging message to be transmitted on all of the same POs in multiple consecutive paging cycles i.e., the paging information will be transmitted to the UE in one or more second paging cycles of the set of paging cycles occurring after the first paging cycle).
receiving the paging information in the one or more second paging cycles based on the first PEI received in the first paging cycle (Para 134, when the UE receives the PEI, the corresponding action of the UE is to monitor these Pos i.e., receiving the paging information in the one or more second paging cycles based on the first PEI received in the first paging cycle).
Regarding Claim 6, Wu teaches wherein the first PEI is received within a paging occasion in the first paging cycle (Para 134).
Regarding Claim 7, Wu teaches wherein the first PEI is received within a time window occurring before, but within a threshold amount of time from, a paging occasion in the first paging cycle (Para 151).
Regarding Claim 8, Wu teaches further comprising not receiving a second PEI in the one or more second paging cycles indicated by the first PEI (Para 150).
Regarding Claim 9, Wu teaches wherein: the first PEI is associated with a paging starting configuration, and receiving the paging information in the one or more second paging cycles is further based on the paging starting configuration (Para 134).
Regarding Claim 10, Wu teaches wherein the paging starting configuration indicates one of: that the paging information will be received in the first paging cycle; a number of the one or more second paging cycles in which the paging information will be received, wherein the number of the one or more second paging cycles starts from the first paging cycle; one specific paging cycle, from the set of paging cycles, occurring after the first paging cycle that the paging information will be received in; or a number of the one or more second paging cycles in which the paging information will be received, wherein the number of the one or more second starts from a paging cycle occurring after the first paging cycle (Para 134).
Regarding Claim 11, Wu teaches wherein: the paging starting configuration is based on a preference of the UE, and the method further comprises transmitting an indication of the preference to the BS in a report that indicates a paging delay threshold of the UE associated with the first PEI (Para 177).
Regarding Claim 12, Wu teaches wherein: the paging starting configuration is based on a wireless communication standard and on a category associated with the UE, and the category associated with the UE indicates a paging delay threshold of the UE associated with the first PEI (Para 177).
Regarding Claim 13, Wu teaches wherein the paging starting configuration is semi- statically configured by the BS in one of paging configuration information, a system information block (SIB), or a radio resource connection (RRC) release message transmitted to the UE during a UE RRC release procedure (Para 164).
Regarding Claim 14, Wu teaches wherein the paging starting configuration is dynamically configured by the BS in the first PEI (Para 134).
Regarding Claim 15, it has been rejected for the same reasons as claim 1 and further teaches a processing system for wireless communication by a user equipment (UE) (Fig. 1 and Para 68, the wireless network could include any number of gNBs and any number of UEs in any suitable arrangement. Also, the gNB 101 could communicate directly with any number of UEs and provide those UEs with wireless broadband access to the network 130. Similarly, each gNB 102-103 could communicate directly with the network 130 and provide UEs with direct wireless broadband access to the network 130), comprising: a memory (Fig. 3a and Para 78 memory 360) comprising computer-executable instructions (Para 81, execute the OS 361 stored in the memory 360 in order to control the overall operation of the UE 116); and one or more processors configured to execute the computer-executable instructions (Para 81, processor/controller 340 can include one or more processors or other processing devices and execute the OS 361 stored in the memory 360 in order to control the overall operation of the UE 116).
Regarding Claim 20, it has been rejected for the same reasons as claim 6.
Regarding Claim 21, it has been rejected for the same reasons as claim 7.
Regarding Claim 22, it has been rejected for the same reasons as claim 8.
Regarding Claim 23, it has been rejected for the same reasons as claim 9.
Regarding Claim 24, it has been rejected for the same reasons as claim 10.
Regarding Claim 25, it has been rejected for the same reasons as claim 11.
Regarding Claim 26, it has been rejected for the same reasons as claim 12.
Regarding Claim 27, it has been rejected for the same reasons as claim 13.
Regarding Claim 28, it has been rejected for the same reasons as claim 14.
Regarding Claim 29, it has been rejected for the same reasons as claim 1.
Regarding Claim 30, it has been rejected for the same reasons as claim 15.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-5, 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu et al. Pub. No. US 20220046585 A1 in view of 3GPP TSG RAN WG1#103-e R1-2007673 e-Meeting, October 26th – November 13th, 2020.
Regarding Claim 2, Wu does not specifically teach wherein receiving the paging information in the one or more second paging cycles comprises determining at least one of a number of synchronization signal block (SSB) bursts to receive or a number of reference signal (RS) occasions to receive within the one or more second paging cycles before receiving the paging information.
However, in the same field of endeavor, 3GPP teaches that UE can receive PO using the best two Tx beams and 4ms in Low SINR case, i.e. UE needs to receive PO from all the candidate beam directions and 1ms in High SINR case as shown in Table 2 and Fig. 3 showing the baseline paging assumption model having received the paging information in the one or more second paging cycles comprises determining at least one of a number of synchronization signal block (SSB) bursts to receive or a number of reference signal (RS) occasions to receive within the one or more second paging cycles before receiving the paging information (Sec 2.1 Table 2 and Fig. 3).
Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method of Wu with the method of 3GPP so as to implement higher frequency band and thus accomplishing higher data rates by transmitting and receiving data more efficiently (See Wu Para 3 and 6).
Regarding Claim 3, Wu teaches wherein determining at least one of the number of SSB bursts to receive or number of RS occasions to receive is based on downlink channel conditions associated with the UE (Para 210).
Regarding Claim 4, Wu teaches wherein determining at least one of the number of SSB bursts to receive or the number of RS occasions to receive is based on a capability associated with the UE to receive and process the number of SSB bursts or the number of RS occasions (Para 211).
Regarding Claim 5, Wu teaches wherein at least one of the number of SSB bursts to receive or the number of RS occasions to receive is based on a type of physical channel over which the paging information is received (Para 176).
Regarding Claim 16, it has been rejected for the same reasons as claim 2.
Regarding Claim 17, it has been rejected for the same reasons as claim 3.
Regarding Claim 18, it has been rejected for the same reasons as claim 4.
Regarding Claim 19, it has been rejected for the same reasons as claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fu Pub. No. US 20240064699 A1 - PAGING EARLY INDICATION METHOD AND APPARATUS
Koskela et al. Pub. No. US 20240039669 A1 - REFERENCE SIGNAL TRANSMISSION
Xu et al. Pub. No. US 20230328690 A1 - WIRELESS COMMUNICATION METHOD, TERMINAL DEVICE AND NETWORK DEVICE
Babaei Pub. No. US 20220124674 A1 - Wireless Device and Wireless Network Processes for Paging Enhancement
Ma et al. Pub. No. US 20220369283 A1 - METHOD FOR PAGING WIRELESS TERMINAL GROUPS
Ly et al. Pub. No. US 20210144672 A1 - PAGING INDICATION
Takano Patent No. US 9210686 B2 - Radio communication device, base station, method for radio communication, program and radio communication system
Chandramouli et al. Patent No. US 8768385 B2 - Radio impacts due to group triggering and paging and solutions for group triggering and paging
3GPP TSG-RAN WG2 Meeting #112e R2-2008952 Online, November 2 - 13, 2020
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NIZAR N. SIVJI
Primary Examiner
Art Unit 2647
/NIZAR N SIVJI/Primary Examiner, Art Unit 2647
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