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 .
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 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because “a storage medium having stored therein instructions.”
Regarding claim 15, “storage medium” recited in line 1 is treated as carrier wave or signal per se because the specification fails to specifically define “storage medium” as non-transitory medium (see, PGPUB, section 0132).
Moreover, it is suggested to applicant to amend the claim to recite “ a non-transitory storage medium.”
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)(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 1-3, 14-17 are rejected under 35 U.S.C. 102 (a1) as being anticipated by LEE et al (US 2018/0076924 A1).
Regarding claim 1, LEE et al (US 2018/0076924 A1) discloses a communication method (see, collision handling in multi-bands for CSI measurement and reporting, section 0064), comprising: processing information transmitted (see, the WTRU receives configuration relating to a plurality of bands, section 0063, 0066) on at least one sub-band where sub-band monitoring conflict occurs (see, CSI feedback/measurement in relation collision handling, section 0064-0065) in response to determining that the sub-band monitoring conflict occurs in a terminal (see, the WTRU uses multiple bands for the channel state information (CSI) feedback with respect to collision handling, section 0064); wherein the sub-band monitoring conflict occurring in the terminal comprises that the terminal needs to monitor a channel state information (CSI) measurement reference signal on a first sub-band (see, CSI reporting which includes collision handling, the WTRU performs CSI reporting for first CSI-subband of the configured two or more CSI-subbands, section 0276), and needs to perform at least one of control channel monitoring (noted: control data and data signals received in the same subframe where the frequency location of the subband is the same, section 0217) or data reception on a second sub-band (see, CSI reporting that is transmitted if the second signal of SRS, both the first and second signal may be transmitted if the first U-subband and second U-band are in the same frequency location (e.g., fully overlapped and/or partially and/or have the same U-subband index), section 0277, noted: the WTRU may monitor or receive the ND-EPDCH is a downlink signal is allocated in other subband in the a subframe in relation to cross frame association, section 0220, 0181, 0194).
Regarding claim 2, LEE ‘924 discloses the communication method according to claim 1, wherein processing the information transmitted on at least one sub-band where the sub-band monitoring conflict occurs comprises: processing the information transmitted on at least one sub-band where the sub-band monitoring conflict occurs based on at least one of a control channel (noted: the WTRU may monitor or receive the ND-EPDCH is n downlink signal is allocated in other subband in the a subframe in relation to cross frame association, section 0220, 0181, 0194 or a data channel scheduling type involved in occurrence of the sub-band monitoring conflict and the CSI measurement reference signal (see, collision handling in the multiple subbands in relation to CSI feedback being Aperiodic and Periodic CSI reporting modes, section 0064-0065, 0069-0070).
Regarding claim 3, LEE ‘924 discloses the communication method according to claim 2, wherein processing the information transmitted on at least one sub-band where the sub-band monitoring conflict occurs based on at least one of the control channel and/or the data channel scheduling type involved in the occurrence of the sub-band monitoring conflict and the CSI measurement reference signal (see, collision handling in the multiple subbands in relation to CSI feedback being Aperiodic and Periodic CSI reporting modes, section 0064-0065, 0069-0070) comprises: in case of determining that the CSI measurement reference signal involved in the occurrence of the sub-band monitoring conflict is a periodic CSI measurement reference signal and the data channel scheduling type is a dynamically scheduled physical downlink data channel (see, offset in the D-subband index from the current D-Subband in relation to the PDCSH associated with the DCI which carries the scheduling information, section 0197-0201), dropping monitoring of the periodic CSI measurement reference signal on the first sub-band (noted: with respect to collision handling, one of the uplink signals relation to CSI reporting may be dropped, section 0276), and performing data reception on the second sub-band (see, CSI reporting that is transmitted if the second signal is SRS, both the first and second signal may be transmitted if the first U-subband and second U-band are in the same frequency location (e.g., fully overlapped and/or partially and/or have the same U-subband index, section 0276-0277).
Regarding claim 14, LEE ‘924 discloses a communication device (see, a WTRU/UE that is configured for CSI reporting in partially or fully overlapped CSI-subbands, section 0270-0271 0274-0275, fig. 1B, see, WTRU 102), comprising: a processor ((fig. 1B, WTRU 102, the WTRU includes a memory 13/132 that holds software (e.g., program instructions) that is read by the processor 118, section 0043-0051); a memory for storing instructions executable by the processor (fig. 1B, WTRU 102, the WTRU includes a memory 13/132 that holds software (e.g., program instructions) that is read by the processor, section 0043-0051; wherein the processor (fig. 1B, processor 18 which controls the operation of the WTRU 102,section 0048-0053) is configured to: process information transmitted (see, the WTRU receives configuration relating to a plurality of bands, section 0063, 0066) on at least one sub-band where sub-band monitoring conflict occurs in response to determining that the sub-band monitoring conflict occurs in a terminal (see, the WTRU uses multiple, bands for the channel state information (CSI) feedback with respect to collision handling, section 0064); wherein the sub-band monitoring conflict occurring in the terminal comprises that the terminal needs to monitor a channel state information (CSI) measurement reference signal on a first sub-band (see, CSI reporting which includes collision handling, the WTRU performs CSI reporting for first CSI-subband of the configured two or more CSI-subbands, section 0276), and needs to perform at least one of control channel monitoring or data reception on a second sub-band (see, CSI reporting that is transmitted if the second signal I SRS, both the first and second signal may be transmitted if the first U-subband and second U-band are in the same frequency location (e.g., fully overlapped and/or partially and/or have the same U-subband index, section 0276-0277).
Regarding claim 15, LEE ‘924 discloses a storage medium having stored therein instructions (fig. 1B, WTRU 102, the WTRU includes a memory 13/132 that holds software (e.g., program instructions) that is read by the processor, section 0043-0051) that, when executed by a processor of a terminal (fig. 1B, WTRU 102, the WTRU includes a memory 13/132 that holds software (e.g., program instructions) that is read by the processor, section 0043-0051, cause the terminal (see, collision handling in multi-bands for CSI measurement and reporting by the WTRU, section 0064) to: process information transmitted (see, the WTRU receives configuration relating to a plurality of bands, section 0063, 0066) on at least one sub-band where sub-band monitoring conflict occurs in response to determining that the sub-band monitoring conflict occurs in a terminal (see, the WTRU uses multiple, bands for the channel state information (CSI) feedback with respect to collision handling, section 0064); wherein the sub-band monitoring conflict occurring in the terminal comprises that the terminal needs to monitor a channel state information (CSI) measurement reference signal on a first sub-band (see, CSI reporting which includes collision handling, the WTRU performs CSI reporting for first CSI-subband of the configured two or more CSI-subbands, section 0276), and needs to perform at least one of control channel monitoring or data reception on a second sub-band (see, CSI reporting that is transmitted if the second signal I SRS, both the first and second signal may be transmitted if the first U-subband and second U-band are in the same frequency location (e.g., fully overlapped and/or partially and/or have the same U-subband index, section 0277, noted: noted: the WTRU may monitor or receive the ND-EPDCH is n downlink signal is allocated in other subband in the a subframe in relation to cross frame association, section 0220, 0181, 0194).
Regarding claim 16, LEE ‘924 discloses the communication device according to claim 14, wherein the processor is configured to: process the information transmitted on at least one sub-band where the sub-band monitoring conflict occurs based on at least one of a control channel (noted: the WTRU may monitor or receive the ND-EPDCH is n downlink signal is allocated in other subband in the a subframe in relation to cross frame association, section 0220, 0181, 0194) or a data channel scheduling type (see, CSI-subband that may be indicated by the DCI to be used to PUSCH scheduling, section 0275) involved in occurrence of the sub-band monitoring conflict and the CSI measurement reference signal (see, collision handling in the multiple subbands in relation to CSI feedback being Aperiodic and Periodic CSI reporting modes, section 0064-0065, 0069-0070).
Regarding claim 17, LEE ‘924 discloses the communication device according to claim 16, wherein the processor is configured to: in case of determining that the CSI measurement reference signal involved in the occurrence of the sub-band monitoring conflict is a periodic CSI measurement reference signal (see, collision handling in the multiple subbands in relation to CSI feedback being Aperiodic and Periodic CSI reporting modes, section 0064-0065, 0069-0070) and the data channel scheduling type is a dynamically scheduled physical downlink data channel(see, offset in the D-subband index from the current D-Subband in relation to the PDCSH associated with the DCI which carries the scheduling information, section 0197-0201), drop monitoring of the periodic CSI measurement reference signal on the first sub-band (noted: with respect to collision handling, one of the uplink signals relation to CSI reporting may be dropped, section 0276, and perform data reception on the second sub-band (see, CSI reporting that is transmitted if the second signal I SRS, both the first and second signal may be transmitted if the first U-subband and second U-band are in the same frequency location (e.g., fully overlapped and/or partially and/or have the same U-subband index, section 0276-0277). .
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.
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.
Claims 8, 22 are rejected under 35 U.S.C. 103 as being unpatentable over LEE #1 et al (US 2018/0076924 A1) in view of Lee #2 et al (US 2020/0404690 A1, IDS).
LEE ‘924 discloses skip monitoring or receiving a DL control channel (section 0180, 0194-0195, 0220) but fails to explicitly disclose: Regarding claim 8, the communication method according to claim 1, wherein processing the information transmitted on at least one sub-band where the sub-band monitoring conflict occurs comprises: performing at least one of adjusting a sub-band for monitoring a control resource set or adjusting a data reception position based on a monitoring position of the CSI measurement reference signal involved in the occurrence of the sub-band monitoring conflict.
Regarding claim 22, the communication device according to claim 14, wherein the processor is configured to: perform at least one of adjusting a sub-band for monitoring a control resource set or adjusting a data reception position based on a monitoring position of the CSI measurement reference signal involved in the occurrence of the sub-band monitoring conflict.
However, Lee ‘690 from a similar field of endeavor discloses: Regarding claim 8, Lee ‘690 discloses the communication method according to claim 1, wherein processing the information transmitted on at least one sub-band where the sub-band monitoring conflict occurs (section 0084-0085, 0090-overlapped/conflict in frequency carriers with respect to the BWP configuration) comprises: performing at least one of adjusting a sub-band for monitoring a control resource set (see, the WTRU may be allowed to skip or skip monitoring one or more CORESETs configured for the current active BWP, section 0121) or adjusting a data reception position based on a monitoring position of the CSI measurement reference signal involved in the occurrence of the sub-band monitoring conflict (see, overlapped/conflict in frequency carriers in relation to the BWP configuration, section 0090).
In view of the above, it would have been obvious 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 the method and apparatus for handling collision relating to CSI measurement/feedback in multiple bands of LEE #1 with method for reporting CSI for non-active BWPs and skipping monitoring of one or more CORESETs in the active BWPs as taught by Lee #2. The motivation would have been to provide collision handling base on prioritization of the signal.
Regarding claim 22, the communication device according to claim 14, wherein the processor is configured to: perform at least one of adjusting a sub-band for monitoring a control resource set(section 0084-0085, 0090-overlapped/conflict in frequency carriers with respect to the BWP configuration) or adjusting a data reception position based on a monitoring position of the CSI measurement reference signal involved in the occurrence of the sub-band monitoring conflict(see, overlapped/conflict in frequency carriers in relation to the BWP configuration, section 0090).
In view of the above, it would have been obvious 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 the method and apparatus for handling collision relating to CSI measurement/feedback in multiple bands of LEE #1 with method for reporting CSI for non-active BWPs and skipping monitoring of one or more CORESETs in the active BWPs as taught by Lee #2. The motivation would have been to provide collision handling base on prioritization of the signal.
Allowable Subject Matter
Claims 4-7, 9-10, 18-21, 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The closest prior arts either singularly or in combination fail to reasonably anticipate or render obvious “ the communication method according to claim 8, wherein performing at least one of adjusting the sub-band for monitoring the control resource set or adjusting the data reception position based on the monitoring position of the CSI measurement reference signal involved in the occurrence of the sub-band monitoring conflict comprises: performing at least one of monitoring the control resource set on the first sub-band or data reception on the first sub-band in response to monitoring of the CSI measurement reference signal on the first sub-band being not completed” recited in claim 9.
The closest prior arts either singularly or in combination fail to reasonably anticipate or render obvious “in response to the monitoring of the CSI measurement reference signal on the first sub-band being completed, performing at least one of adjusting the sub-band for monitoring the control resource set or adjusting the data reception position in one of following ways: performing at least one of continuing monitoring the control resource set on the first sub-band or continuing receiving data on the first sub-band; performing at least one of monitoring the control resource set on the second sub-band or data reception on the second sub-band; and performing data reception on a predefined sub-band” recited in claim 10.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CHEN et al (US 2017/0041905 A1) discloses detection of collision of CSI reporting in subframes and prioritization of subframe in response to the collision (section 0008-0010, 0025-0057, 0072-0106).
KO et al (US 2024/0089999 A1) discloses UE detect conflict in burst resources and reselect some of the burst resources that satisfy RSRP condition (i.e., CSI-RS) and CSI report, section 0068) (section 0195-0212).
HWANG et al (US 2023/0180266 A1, Foreign Priority: May 4, 2021) discloses resource conflict between a transmitting UE and a receiving UE (section 0193-0197, 0251, 0254), 0285-0300).
LEE et al (US 2022/0232627 A1), see, section 0164-0170)
Zhou et a (US 2019/0132109 A1) discloses dynamic resource allocation in the CSI measurement within on BWP, if the CSI-RS/SRS is collided with data/RS in another BWP (section 0290).
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/CANDAL ELPENORD/Primary Examiner, Art Unit 2473