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 .
This Office action is in response to the preliminary amendment filed on 08/08/2023.
Claims 1-35 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/08/2023 is compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “means for receiving” in claim 35.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 35 is rejected under 35 U.S.C. 101 because it is not directed to a statutory category of invention. Claim 35 recites an apparatus comprising “means for” limitations—specifically for receiving a secondary cell activation command and a semi-persistent CSI-RS—defined solely in functional terms. Under the broadest reasonable interpretation, these limitations lack any recitation of a computer, processor, or other tangible structure, thereby covering software per se. Even when interpreted in light of the specification, these “means” are not tied to specific hardware, instead, the disclosure describes the functions as software instructions that can be executed independently of any particular machine. Therefore, claim 35 effectively covers software per se, which is not patent eligible.
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.
Claims 1-35 are rejected under 35 U.S.C. 103 as being unpatentable over NIMBALKER et al. (US 2022/0190991 A1), in view of LI et al. (US 2023/0396396 A1).
As to claims 1, 21 and 35, NIMBALKER discloses the invention as claimed, including a user equipment (UE) (Fig. 2, 22) for wireless communication, comprising:
at least one processor (Fig. 2, 86); and
at least one memory (Fig. 2, 88) communicatively coupled with the at least one processor (Fig. 2, 86) and storing processor-readable code that, when executed by the at least one processor, is configured to cause the UE to:
receive a secondary cell activation command that indicates a semi-persistent channel state information (CSI) reference signal (CSI-RS) resource set of a secondary cell (i.e., SCell) (¶0010, “the network node is configured to transmit an activation command to the WD, the WD being configured with multiple sets of CSI-RS, resource configurations and multiple sets of CSI reporting configurations, and the activation command specifying one of the multiple sets of CSI-RS resource configurations and one of the multiple sets of CSI reporting configurations”; ¶0079, “An activation command (e.g., an Scell activation command or semi-persistent CSI resource) can also trigger a CSI resource for tracking (or a tracking reference signal)”; ¶0089, “The WD 22 may receive, via radio interface 82, a first MAC Scell activation/deactivation command CE indicating an activation command for a serving cell, and the first MAC CE implicitly activates a first semi-persistent CSI resource and a first semi-persistent CSI reporting configuration”; ¶0097, “The Scell activation command can also include a transmission configuration indicator (TCI) state indication for the SP-CSI resources that are implicitly activated upon reception of the Scell activation command MAC CE”); and
receive a semi-persistent CSI-RS using the semi-persistent CSI-RS resource set based at least in part on receiving the secondary cell activation command (¶0070; ¶0079; ¶0089; ¶0097, “The Scell activation command can also include a transmission configuration indicator (TCI) state indication for the SP-CSI resources that are implicitly activated upon reception of the Scell activation command MAC CE. The TCI state indication can give QCL information for receiving the activated SP-CSI resources”)
Although NIMBALKER discloses receiving a semi-persistent CSI-RS using the semi-persistent CSI-RS resource set based at least in part on receiving the secondary cell activation command (¶0070; ¶0079; ¶0089; ¶0097), NIMBALKER does not specifically disclose a semi-persistent CSI-RS using the semi-persistent CSI-RS resource set based at least in part on receiving the secondary cell activation command is received from the secondary cell.
However, LI discloses receive, from the secondary cell, a semi-persistent CSI-RS using the semi-persistent CSI-RS resource set based at least in part on receiving the secondary cell activation command (¶0006, “the UE can receive semi-persistent (SP) Channel State Information (CSI)-Reference Signal (RS) for PUCCH transmission in the SCell, and transmit a CSI report in a PUCCH transmission in the SCell based at least on the SP CSI-RS for PUCCH transmission”; ¶0033, “Example 700 illustrates RRC commands: SCellConfig 710 and CSI-ReportConfig 730, that inform UE 110 of which semi-persistent (SP) CSI-RS to use for CSI reporting on a PUCCH transmission when UE 110 is in SCell 140”; ¶0051, “At 970, gNB 120 can transmit SP CSI-RS for CSI reporting via PUCCH transmission in SCell 140 via a CSI-ReportConfig RRC command and/or an SCellConfig RRC command”). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of NIMBALKER to include receive, from the secondary cell, a semi-persistent CSI-RS using the semi-persistent CSI-RS resource set based at least in part on receiving the secondary cell activation command, as taught by LI because it would maximize resource flexibility and efficiency by high-overhead signals only when they are actively needed (LI; ¶0006; ¶0033; ¶0051).
As to claim 2, NIMBALKER discloses the UE of claim 1, wherein: the processor-readable code, when executed by the at least one processor to receive the secondary cell activation command, is configured to cause the UE to receive an indication of a CSI reporting configuration; and the processor-readable code, when executed by the at least one processor, is further configured to cause the UE to transmit, to the secondary cell, a CSI report based at least in part on a measurement of the semi-persistent CSI-RS and the CSI reporting configuration (¶0010, “the first SP CSI resource configuration and first SP CSI reporting configuration are configured by the WD in response to at least one MAC CE”; ¶0086, “the WD 22 is configured with a first semi-persistent CSI resource and a first semi-persistent CSI reporting configuration for a serving cell, according to a decision by the activation/deactivation unit 32 of network node 16. A first MAC Scell activation/deactivation command CE is used for activating the serving cell”).
As to claim 3, NIMBALKER discloses the UE of claim 2, wherein the processor-readable code, when executed by the at least one processor to transmit the CSI report, is configured to cause the UE to transmit at least one of the CSI report for CSI acquisition, a layer 1 reference signal received power (RSRP) report, or a layer 1 signal-to-interference-plus-noise ratio (SINR) report (¶0004, “a fast CQI reporting mechanism is specified during the CA activation procedure to enable the network, i.e., the network node, to determine when the WD is activated and ready to receive control information”; ¶0097, “The TCI state indication can give QCL information for receiving the activated SP-CSI resources. Quasi co-location (QCL) information can be used for determining spatial parameters, e.g., beam, precoding, etc”; ¶0126, “CQI Channel Quality Information”; ¶0135).
As to claim 4, NIMBALKER discloses the UE of claim 1, wherein the processor-readable code, when executed by the at least one processor to receive the semi-persistent CSI-RS, is configured to cause the UE to receive at least one of a tracking reference signal, a beam management signal, a CSI acquisition signal, or a positioning reference signal (¶0012, “activating a second CSI-RS resource configuration and a second CSI reporting configuration. In some embodiments, the method further includes triggering a CSI resource or tracking reference signal”; ¶0079, “An activation command (e.g., an Scell activation command or semi-persistent CSI resource) can also trigger a CSI resource for tracking (or a tracking reference signal”).
As to claim 5, NIMBALKER discloses the UE of claim 1, wherein the processor-readable code, when executed by the at least one processor to receive the secondary cell activation command, is configured to cause the UE to receive an indication of a transmission configuration indicator (TCI) state of the secondary cell, and wherein the semi-persistent CSI-RS is a source reference signal for the TCI state of the secondary cell (¶0097, “The Scell activation command can also include a transmission configuration indicator (TCI) state indication for the SP-CSI resources that are implicitly activated upon reception of the Scell activation command MAC CE”).
As to claim 6, NIMBALKER discloses the UE of claim 1, wherein the processor-readable code, when executed by the at least one processor to receive the secondary cell activation command, is configured to cause the UE to receive an indication of a transmission configuration indicator (TCI) state of the secondary cell, wherein the TCI state is a unified TCI state (¶0099, “The Scell activation command can also include a TCI state indication for the physical downlink control channel (PDCCH) monitoring upon Scell activation. The TCI state indication can give QCL information for receiving the PDCCH on the Scell. QCL information can be used for determining spatial parameters, e.g. beam, precoding, etc”).
As to claim 7, NIMBALKER discloses the UE of claim 1, wherein the processor-readable code, when executed by the at least one processor to receive the secondary cell activation command, is configured to cause the UE to receive an indication of a transmission configuration indicator (TCI) state of the secondary cell that indicates at least one of: a joint uplink and downlink common TCI state for at least one downlink channel and at least one uplink channel, a separate downlink common TCI state for at least two downlink channels, a separate uplink common TCI state for at least two uplink channels, a single channel TCI state for a downlink channel, or a single channel TCI state for an uplink channel (¶0099, “The Scell activation command can also include a TCI state indication for the physical downlink control channel (PDCCH) monitoring upon Scell activation. The TCI state indication can give QCL information for receiving the PDCCH on the Scell. QCL information can be used for determining spatial parameters, e.g. beam, precoding, etc”).
As to claim 8, NIMBALKER discloses the UE of claim 1, wherein the processor-readable code, when executed by the at least one processor, is further configured to cause the UE to: identify quasi-colocation (QCL) information for a transmission configuration indicator (TCI) state of the secondary cell based at least in part on using the semi-persistent CSI-RS as a source reference signal for the TCI state of the secondary cell; and receive, from the secondary cell, a downlink communication based at least in part on the QCL information (¶0097, “The TCI state indication can give QCL information for receiving the activated SP-CSI resources. Quasi co-location (QCL) information can be used for determining spatial parameters, e.g., beam, precoding, etc”; ¶0099, “The Scell activation command can also include a TCI state indication for the physical downlink control channel (PDCCH) monitoring upon Scell activation. The TCI state indication can give QCL information for receiving the PDCCH on the Scell. QCL information can be used for determining spatial parameters, e.g. beam, precoding, etc”).
As to claim 9, NIMBALKER discloses the UE of claim 1, wherein the processor-readable code, when executed by the at least one processor, is further configured to cause the UE to transmit an uplink communication using a spatial transmit filter that is based at least in part on using the semi-persistent CSI-RS as a source reference signal for a transmission configuration indicator (TCI) state of the secondary cell of the secondary cell (¶0097, “The TCI state indication can give QCL information for receiving the activated SP-CSI resources. Quasi co-location (QCL) information can be used for determining spatial parameters, e.g., beam, precoding, etc”; ¶0099, “The Scell activation command can also include a TCI state indication for the physical downlink control channel (PDCCH) monitoring upon Scell activation. The TCI state indication can give QCL information for receiving the PDCCH on the Scell. QCL information can be used for determining spatial parameters, e.g. beam, precoding, etc”).
As to claim 10, NIMBALKER discloses the UE of claim 1, wherein the processor-readable code, when executed by the at least one processor to receive the secondary cell activation command, is configured to cause the UE to receive a medium access control (MAC) control element (MAC-CE) message indicating the secondary cell activation command (¶0089, “The WD 22 may receive, via radio interface 82, a first MAC Scell activation/deactivation command CE indicating an activation command for a serving cell, and the first MAC CE implicitly activates a first semi-persistent CSI resource and a first semi-persistent CSI reporting configuration”; ¶0097, “The Scell activation command can also include a transmission configuration indicator (TCI) state indication for the SP-CSI resources that are implicitly activated upon reception of the Scell activation command MAC CE”).
As to claims 11 and 29, they are rejected for the same reasons set forth in claims 2-10 above. In addition, NIMBALKER discloses a base station (Fig. 2, 16) for wireless communication, comprising:
at least one processor (Fig. 2, 70); and
at least one memory (Fig. 2, 72) communicatively coupled with the at least one processor and storing processor-readable code that, when executed by the at least one processor, is configured to cause the base station to:
transmit a secondary cell activation command that indicates a semi-persistent channel state information (CSI) reference signal (CSI-RS) resource set of a secondary cell associated with the base station (¶0010, “the network node is configured to transmit an activation command to the WD, the WD being configured with multiple sets of CSI-RS, resource configurations and multiple sets of CSI reporting configurations, and the activation command specifying one of the multiple sets of CSI-RS resource configurations and one of the multiple sets of CSI reporting configurations”; ¶0111, “the network node 16, is configured to transmit an activation command to the WD 22, the WD 22 being configured with multiple sets of CSI-RS, resource configurations and multiple sets of CSI reporting configurations, and the activation command specifying one of the multiple sets of CSI-RS resource configurations and one of the multiple sets of CSI reporting configurations. In some embodiments, the activation command triggers a CSI resource for tracking”).
As to claims 12-20, they are rejected for the same reasons set forth in claims 2-10 above, respectively.
As to claim 22, it is rejected for the same reasons set forth in claim 2 above.
As to claims 23-26, they are rejected for the same reasons set forth in claims 4-7 above, respectively.
As to claims 27-28, they are rejected for the same reasons set forth in claims 9-10 above, respectively.
As to claim 30, it is rejected for the same reasons set forth in claims 12-13 above.
As to claims 31-32, they are rejected for the same reasons set forth in claims 15-16 above, respectively.
As to claims 33-34, they are rejected for the same reasons set forth in claims 18-19 above, respectively.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
ZHOU et al. (US 2024/0014975 A1), Zhou et al. (US 2019/0208436 A1), TANG et al. (US 2021/0251040 A1) disclose a method of activating multiple secondary cells that include receiving on a primary cell (PCell) at a user equipment (UE) a first medium access (MAC) control element (CE) for activating a first secondary cell (SCell) and a second SCell for the UE in a wireless communication system.
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/JUNGWON CHANG/Primary Examiner, Art Unit 2454 12/30/2025