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 .
Response to Amendment
This communication is in response to the amendment filed 11/20/2025. The amendment has been entered and considered.
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented,
described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, and 5 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Yamazaki et al. (US PG Pub. 2019/174479 A1, from IDS dated 07/25/2023, hereinafter “Yamazaki”).
In regards to claim 1, Yamazaki teaches A terminal (UE) comprising: a receiver that receives a reference signal used for a purpose other than an acquisition of channel state information (¶ [0022], [0093] UE uses its receiver to receive a multicast broadcast single frequency network reference signal that may be for demodulation reference); and
a processor that performs a measurement related to the acquisition of channel state information using the reference signal (¶ [0022], [0093], [0099] UE has a controller that measures the multicast broadcast single frequency network reference signal to feedback channel state information),
the receiver does not assume a reception of a periodic reference signal used for the acquisition of channel state information when a specific condition is satisfied (¶ [0067], [0095] if the aperiodic single channel point to multipoint reference signal is set, it only assumes there is CRS).
In regards to claim 4, Yamazaki teaches A base station comprising:
a transmitter that transmits a reference signal used for a purpose other than an acquisition of channel state information (¶ [0027], [0093] eNB uses its receiver to transmit a reference signal that may be for demodulation reference); and
a processor that assumes a measurement related to the acquisition of channel state information is performed using the reference signal (¶ [0027], [0093], [0099] eGNB receives channel state information from UE that measures the multicast broadcast single frequency network reference signal),
the transmitter does not transmit a periodic reference signal used for the acquisition of channel state information when a specific condition is satisfied (¶ [0067], [0095] if the aperiodic single channel point to multipoint reference signal is set, it only assumes there is CRS. Further, in one method, aperiodic CSI feedback is used, and in another, periodic CSI feedback is used (Paragraphs 54-55). Thus, when the aperiodic CSI is being used, the claimed “a periodic reference signal” is not transmit.
In regards to claim 5, the claim is interpreted and rejected for the same
reason as set forth in claim 1.
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.
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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yamazaki et al. (US PG Pub. 2019/174479 A1, from IDS dated 07/25/2023, hereinafter “Yamazaki”) in view of Kang et al. (US PG Pub. 2020/0204239, from IDS dated 12/13/2024, hereinafter “Kang”).
In regards to claim 3, Yamazaki does not teach the specific condition includes a condition that the measurement related to the acquisition of channel state information is performed using the reference signal within a specific period.
In an analogous art, Kang teaches the specific condition includes a condition that the measurement related to the acquisition of channel state information is performed using the reference signal within a specific period (¶ [0268] channel state information is sent only when the slot offset is correct).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Kang into Yamazaki to reduce overhead from reporting CSI, and in turn increases battery life by using less resources (¶ [0018]).
Response to Arguments
Applicant's arguments filed 11/20/2025 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues the amended limitations (from now cancelled claim 2). Applicant argues Yamazaki determines the RS transmitted from the eNB used for measuring the channel state; however, the claim language states the UE does not assume a reception of a periodic reference signal used for the acquisition of CSI when a condition is satisfied.
The Examiner respectfully disagrees. Yamazaki makes it clear that there are two methods used. In one method aperiodic CSI feedback is used, and in another, periodic CSI feedback is used (Paragraphs 54-55). Thus, when the aperiodic CSI is being used, the claimed “a periodic reference signal” is not “assumed” because it isn’t being received and/or transmit.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRANDON M RENNER whose telephone number is (571)270-3621. The examiner can normally be reached Monday-Friday 7am-5pm EST.
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/BRANDON M RENNER/ Primary Examiner, Art Unit 2411