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 . Claims 23-24, 28-30, 34-36, 40-42 are pending.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/13/2026 has been entered.
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.
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 23-24, 28-30, 34-36, 40-42 are rejected under 35 U.S.C. 103 as being unpatentable over NPL “On Per-TRP Beam Failure Recovery” (hereinafter referred to as Convida) in view of Liu et al. (US# 2024/0007879 hereinafter referred to as Liu) and Kang et al. (US# 11,877,166 hereinafter referred to as Kang).
RE Claim 23, Convida discloses a method, performed by a terminal device (See Convida FIG 1 – UE), the method comprising:
performing beam failure detection for a cell based on two reference signal (RS) sets (See Convida Section 2.1; FIG 1 – performing BFD for cell based on multiple RSs); and
transmitting, to a network device, a medium access control (MAC) control element (CE) for beam failure recovery (See Convida pgs. 3-4 – proposals 10 & 11 – BFR MAC CE), the MAC CE comprising
a first field indicating whether beam failure is detected for the cell (See Convida pg. 3 – Proposal 10 – BFR MAC CE comprising failed cell indication (Ci)),
a second field indicating whether beam failure is detected for one or both of the RS sets of the cell (See Convida pg. 4 – Proposal 10; option 3 – BFR MAC CE comprising reserved bit used to indicate if the following octet also contains AC field for the same serving cell (i.e. two octets if both TRP links have failed)), and
a third field indicating presence of a candidate RS identifier (ID) field (See Convida pg. 3 – Proposal 10 – can include indication that TRP-link has failed and there is presence of candidate beam RS or not in the octet), wherein:
the second field being a first value indicates that beam failure is detected for both the RS sets, and two octets containing the third field are present for both of the RS sets (See Convida pg. 4 – Proposal 10; option 3 – the BFR MAC CE includes…two octets if both TRP links have failed (indicated by reserved bit)), and
the second field being a second value indicates that beam failure is detected for one of the RS sets, and one octet containing the third field is present for only one RS set of the cell (See Convida pg. 4 – Proposal 10; option 3 – the BFR MAC CE includes…one octet if one TRP links has failed (indicated by reserved bit)).
Convida does not specifically disclose
The second field is in an octet different from the two octets and the one octet; or
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; or
Each octet of the two octets contains the fourth field.
However, Liu teaches of
The second field is in an octet different from the two octets and the one octet (See Liu FIGs 2-3; [0011], [0058]-[0062], [0064] – SP & S fields indicating whether beam failure is detected by one or both of the RS sets; not in same octet as candidate RS field).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the beam failure detection system, as disclosed in Convida, wherein the second field is in an octet different from the two octets and the one octet, as taught in Liu. One is motivated as such in order to perform beam failure recovery in multiple TRP scenarios (See Liu Background; Summary).
Convida, modified by Liu, does not specifically disclose
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; or
Each octet of the two octets contains the fourth field.
However, Kang teaches of
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets (See Kang Claim 1 – MAC CE second field: ii) a second field indicating an identity (ID) of at least one BFD-RS set among the two BFD-RS sets); and
Each octet of the two octets contains the fourth field (See Kang column 29, 61-67, column 30, 1-7; Claim 1 - 3) information on whether a new candidate beam RS exists in at least one frequency band in which the beam failure is detected, or 4) information indicating the new candidate beam RS based on the existence of the candidate beam RS (e.g., ID of the new candidate beam RS) may be included in the single MAC-CE and transmitted).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the beam failure detection system, as disclosed in Convida, modified by Liu, wherein the MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; and each octet of the two octets contains the fourth field, as taught in Kang. One is motivated as such in order to provide and improve beam failure detection and recovery (See Kang Background; Summary).
RE Claim 24¸ Convida, modified by Liu and Kang, discloses a method, as set forth in claim 23 above, wherein the octet where the second field being present is different from an octet where the first field being present (See Kang column 29, 61-67, column 30, 1-7; Claim 1 – different fields in MAC CE…and 1) to 4) described above may be separately transmitted to the base station).
RE Claim 28¸ Convida, modified by Liu and Kang, discloses a method, as set forth in claim 23 above, wherein up to two PUCCH resources for scheduling request (SR) are configured, and wherein the two PUCCH resources are associated with at least one of the RS sets (See Convida pg. 3 – Agreement – up to two PUCCH-SR resources in a cell group).
RE Claim 29, Convida discloses a method performed by a network device (See Convida FIG 1), the method comprising:
receiving, from a terminal device, a medium access control (MAC) control element (CE) for beam failure recovery (See Convida pgs. 3-4 – proposals 10 & 11 – BFR MAC CE), the MAC CE comprising
a first field indicating whether beam failure is detected for a cell (See Convida pg. 3 – Proposal 10 – BFR MAC CE comprising failed cell indication (Ci)), wherein the cell is configured with two reference signal (RS) sets for beam failure detection (See Convida Section 2.1; FIG 1 – performing BFD for cell based on multiple RSs),
a second field indicating whether beam failure is detected for one or both of the RS sets of the cell (See Convida pg. 4 – Proposal 10; option 3 – BFR MAC CE comprising reserved bit used to indicate if the following octet also contains AC field for the same serving cell (i.e. two octets if both TRP links have failed)), and
a third field indicating presence of a candidate RS identifier (ID) field (See Convida pg. 3 – Proposal 10 – can include indication that TRP-link has failed and there is presence of candidate beam RS or not in the octet), wherein:
the second field being a first value indicates that beam failure is detected for both the RS sets, and two octets containing the third field are present for both of the RS sets (See Convida pg. 4 – Proposal 10; option 3 – the BFR MAC CE includes…two octets if both TRP links have failed (indicated by reserved bit)), and
the second field being a second value indicates that beam failure is detected for one of the RS sets, and one octet containing the third field is present for only one RS set of the cell (See Convida pg. 4 – Proposal 10; option 3 – the BFR MAC CE includes…one octet if one TRP links has failed (indicated by reserved bit)).
Convida does not specifically disclose
The second field is in an octet different from the two octets and the one octet; or
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; or
Each octet of the two octets contains the fourth field.
However, Liu teaches of
The second field is in an octet different from the two octets and the one octet (See Liu FIGs 2-3; [0011], [0058]-[0062], [0064] – SP & S fields indicating whether beam failure is detected by one or both of the RS sets; not in same octet as candidate RS field).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the beam failure detection system, as disclosed in Convida, wherein the second field is in an octet different from the two octets and the one octet, as taught in Liu. One is motivated as such in order to perform beam failure recovery in multiple TRP scenarios (See Liu Background; Summary).
Convida, modified by Liu, does not specifically disclose
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; or
Each octet of the two octets contains the fourth field.
However, Kang teaches of
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets (See Kang Claim 1 – MAC CE second field: ii) a second field indicating an identity (ID) of at least one BFD-RS set among the two BFD-RS sets); and
Each octet of the two octets contains the fourth field (See Kang column 29, 61-67, column 30, 1-7; Claim 1 - 3) information on whether a new candidate beam RS exists in at least one frequency band in which the beam failure is detected, or 4) information indicating the new candidate beam RS based on the existence of the candidate beam RS (e.g., ID of the new candidate beam RS) may be included in the single MAC-CE and transmitted).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the beam failure detection system, as disclosed in Convida, modified by Liu, wherein the MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; and each octet of the two octets contains the fourth field, as taught in Kang. One is motivated as such in order to provide and improve beam failure detection and recovery (See Kang Background; Summary).
RE Claim 30¸ Convida, modified by Liu and Kang, discloses a method, as set forth in claim 29 above, wherein the octet where the second field being present is different from an octet where the first field being present (See Kang column 29, 61-67, column 30, 1-7; Claim 1 – different fields in MAC CE…and 1) to 4) described above may be separately transmitted to the base station).
RE Claim 34¸ Convida, modified by Liu and Kang, discloses a method, as set forth in claim 29 above, wherein up to two PUCCH resources for scheduling request (SR) are configured, and wherein the two PUCCH resources are associated with at least one of the RS sets (See Convida pg. 3 – Agreement – up to two PUCCH-SR resources in a cell group).
RE Claim 35, Convida discloses a terminal device (See Convida FIG 1 – UE), comprising a processor configured to cause the terminal device to:
perform beam failure detection for a cell based on two reference signal (RS) sets (See Convida Section 2.1; FIG 1 – performing BFD for cell based on multiple RSs); and
transmit, to a network device, a medium access control (MAC) control element (CE) for beam failure recovery (See Convida pgs. 3-4 – proposals 10 & 11 – BFR MAC CE), the MAC CE comprising
a first field indicating whether beam failure is detected for the cell (See Convida pg. 3 – Proposal 10 – BFR MAC CE comprising failed cell indication (Ci)),
a second field indicating whether beam failure is detected for one or both of the RS sets, of the cell (See Convida pg. 4 – Proposal 10; option 3 – BFR MAC CE comprising reserved bit used to indicate if the following octet also contains AC field for the same serving cell (i.e. two octets if both TRP links have failed)), and
a third field indicating presence of a candidate RS identifier (ID) field (See Convida pg. 3 – Proposal 10 – can include indication that TRP-link has failed and there is presence of candidate beam RS or not in the octet), wherein:
the second field being a first value indicates that beam failure is detected for both the RS sets, and two octets containing the third field are present for both of the RS sets (See Convida pg. 4 – Proposal 10; option 3 – the BFR MAC CE includes…two octets if both TRP links have failed (indicated by reserved bit)), and
the second field being a second value indicates that beam failure is detected for one of the RS sets, and one octet containing the third field is present for only one RS set of the cell (See Convida pg. 4 – Proposal 10; option 3 – the BFR MAC CE includes…one octet if one TRP links has failed (indicated by reserved bit)).
Convida does not specifically disclose
The second field is in an octet different from the two octets and the one octet; or
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; or
Each octet of the two octets contains the fourth field.
However, Liu teaches of
The second field is in an octet different from the two octets and the one octet (See Liu FIGs 2-3; [0011], [0058]-[0062], [0064] – SP & S fields indicating whether beam failure is detected by one or both of the RS sets; not in same octet as candidate RS field).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the beam failure detection system, as disclosed in Convida, wherein the second field is in an octet different from the two octets and the one octet, as taught in Liu. One is motivated as such in order to perform beam failure recovery in multiple TRP scenarios (See Liu Background; Summary).
Convida, modified by Liu, does not specifically disclose
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; or
Each octet of the two octets contains the fourth field.
However, Kang teaches of
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets (See Kang Claim 1 – MAC CE second field: ii) a second field indicating an identity (ID) of at least one BFD-RS set among the two BFD-RS sets); and
Each octet of the two octets contains the fourth field (See Kang column 29, 61-67, column 30, 1-7; Claim 1 - 3) information on whether a new candidate beam RS exists in at least one frequency band in which the beam failure is detected, or 4) information indicating the new candidate beam RS based on the existence of the candidate beam RS (e.g., ID of the new candidate beam RS) may be included in the single MAC-CE and transmitted).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the beam failure detection system, as disclosed in Convida, modified by Liu, wherein the MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; and each octet of the two octets contains the fourth field, as taught in Kang. One is motivated as such in order to provide and improve beam failure detection and recovery (See Kang Background; Summary).
RE Claim 36¸ Convida, modified by Liu and Kang, discloses a terminal, as set forth in claim 35 above, wherein the octet where the second field being present is different from an octet where the first field being present (See Kang column 29, 61-67, column 30, 1-7; Claim 1 – different fields in MAC CE…and 1) to 4) described above may be separately transmitted to the base station).
RE Claim 40¸ Convida, modified by Liu and Kang, discloses a terminal, as set forth in claim 35 above, wherein up to two PUCCH resources for scheduling request (SR) are configured, and wherein the two PUCCH resources are associated with at least one of the RS sets (See Convida pg. 3 – Agreement – up to two PUCCH-SR resources in a cell group).
RE Claim 41, Convida discloses a network device (See Convida FIG 1), comprising a processor configured to cause the network device to receive, from a terminal device, a medium access control (MAC) control element (CE) for beam failure recovery (See Convida pgs. 3-4 – proposals 10 & 11 – BFR MAC CE), the MAC CE comprising
a first field indicating whether beam failure is detected for a cell (See Convida pg. 3 – Proposal 10 – BFR MAC CE comprising failed cell indication (Ci)), wherein the cell is configured with two reference signal (RS) sets for beam failure detection (See Convida Section 2.1; FIG 1 – performing BFD for cell based on multiple RSs),
a second field indicating whether beam failure is detected for one or both of the RS sets, of the cell (See Convida pg. 4 – Proposal 10; option 3 – BFR MAC CE comprising reserved bit used to indicate if the following octet also contains AC field for the same serving cell (i.e. two octets if both TRP links have failed)), and
a third field indicating presence of a candidate RS identifier (ID) field (See Convida pg. 3 – Proposal 10 – can include indication that TRP-link has failed and there is presence of candidate beam RS or not in the octet), wherein:
the second field being a first value indicates that beam failure is detected for both the RS sets, and two octets containing the third field are present for both of the RS sets (See Convida pg. 4 – Proposal 10; option 3 – the BFR MAC CE includes…two octets if both TRP links have failed (indicated by reserved bit)), and
the second field being a second value indicates that beam failure is detected for one of the RS sets, and one octet containing the third field is present for only one RS set of the cell (See Convida pg. 4 – Proposal 10; option 3 – the BFR MAC CE includes…one octet if one TRP links has failed (indicated by reserved bit)).
Convida does not specifically disclose
The second field is in an octet different from the two octets and the one octet; or
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; or
Each octet of the two octets contains the fourth field.
However, Liu teaches of
The second field is in an octet different from the two octets and the one octet (See Liu FIGs 2-3; [0011], [0058]-[0062], [0064] – SP & S fields indicating whether beam failure is detected by one or both of the RS sets; not in same octet as candidate RS field).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the beam failure detection system, as disclosed in Convida, wherein the second field is in an octet different from the two octets and the one octet, as taught in Liu. One is motivated as such in order to perform beam failure recovery in multiple TRP scenarios (See Liu Background; Summary).
Convida, modified by Liu, does not specifically disclose
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; or
Each octet of the two octets contains the fourth field.
However, Kang teaches of
The MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets (See Kang Claim 1 – MAC CE second field: ii) a second field indicating an identity (ID) of at least one BFD-RS set among the two BFD-RS sets); and
Each octet of the two octets contains the fourth field (See Kang column 29, 61-67, column 30, 1-7; Claim 1 - 3) information on whether a new candidate beam RS exists in at least one frequency band in which the beam failure is detected, or 4) information indicating the new candidate beam RS based on the existence of the candidate beam RS (e.g., ID of the new candidate beam RS) may be included in the single MAC-CE and transmitted).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to implement the beam failure detection system, as disclosed in Convida, modified by Liu, wherein the MAC CE comprising a fourth field indicating a RS set ID of one RS set of the two RS sets; and each octet of the two octets contains the fourth field, as taught in Kang. One is motivated as such in order to provide and improve beam failure detection and recovery (See Kang Background; Summary).
RE Claim 42¸ Convida, modified by Liu and Kang, discloses a network device, as set forth in claim 41 above, wherein the octet where the second field being present is different from an octet where the first field being present (See Kang column 29, 61-67, column 30, 1-7; Claim 1 – different fields in MAC CE…and 1) to 4) described above may be separately transmitted to the base station).
Response to Arguments
Applicant's arguments filed 07/13/2026 have been fully considered but they are moot in view of new grounds of rejection, necessitated by amendment (See Claims above, Kang reference).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steve R Young whose telephone number is (571)270-7518. The examiner can normally be reached M-F 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chirag G Shah can be reached at (571) 272-3144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEVE R YOUNG/Primary Examiner, Art Unit 2477
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