Detailed Action
1. The Office Action is in response to the Applicant’s communication filed on 01/22/2024. In virtue of this communication, claims 1-30 are currently pending in this Office Action.
Notice of Pre-AIA or AIA Status
2. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
3. Applicant’s claim for benefit of entering national stage 371 of application as ADS filed on 01/22/2024 under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) in accordance with 37 CFR 1.78 is acknowledged.
Claim Interpretation
4. 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.
5. The claim limitations [means for entering …, means for monitoring …] of claim 29 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.
5.1. Claim limitations in claim 29 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.
Claim Rejections - 35 USC § 112
6. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
7. Claims 1, 21, 29 and 30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph because the claim recites the limitation “wherein the second bandwidth is different than the second bandwidth”.
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The phrase "wherein the second bandwidth is different than the second bandwidth" renders the claim indefinite because this definition for the second bandwidth would confuse everyone. It’s considered a typographic error, and for examining purpose, it will be read as “wherein the second bandwidth is different than the first bandwidth”.
See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 103
8. 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.
9. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
10. Claims 1-4 and 6-30 are rejected under 35 U.S.C. 103 as being unpatentable over Yi et al. Pub. No.: US 2021/0203468 A1 in view of Liu et al. Pub. No.: US 2022/0116902 A1 and Liao et al. Pub. No.: US 2020/0107266 A1.
Claim 1
Yi discloses a method (fig. 15 & 23-39 depicts for bandwidth switching for saving power) of wireless positioning performed by a user equipment (UE in fig. 1-39 and see UE of fig. 3), comprising:
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in a Radio Resource Control (RRC) inactive state (par. 0316, a wireless device may be in at least one of RRC states as depicted in fig. 15, let’s assume RRC inactive state);
monitoring, during a first time interval (slot n-1 or interval from n-1 to n in fig. 23), while the user equipment is in the RRC inactive state (UE is in inactive state for BWP 1-3), one or more first bandwidth parts having a first bandwidth to perform a first operation (BWP 0 as to a first bandwidth to receive RRC/MAC CE); and
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monitoring, during a second time interval (slot n or interval from n to m in fig. 23), while the user equipment is in the RRC inactive state (UE is in inactive state for BWP 0 and BWP 2-3), one or more second bandwidth parts having a second bandwidth (BWP 1 in fig. 23) to perform a second operation (BWP 1 to perform DCI monitoring after activating BWP 1), wherein the second bandwidth is different than the second bandwidth (in fig. 23, BWP 0 and BWP 1 are different).
Although Yi does not explicitly show: “entering into RRC inactive state and the RRC inactive state”, claim limitations are considered obvious.
Initially, it’s to note that claim does not specifically define what are required to be RRC inactive state while the first bandwidth part and the second bandwidth part performs the first and second operations respectively in accordance with the claimed invention. Does claim mean RRC inactive state for the second bandwidth part while the first bandwidth performs the first operation, and RRC inactive state for the first bandwidth part while the second bandwidth part performs the second operation. Accordingly, based on these consideration and determination, to identify the novelty in the claimed invention, two parts will be addressed as “the idea for performing while RRC inactive state” and “the small BWP for monitoring indications while considered to be in RRC inactive state”.
First, the idea for performing operations while in RRC inactive state will be addressed. In fig. 23 of Yi, a BWP switching is to activate an inactive BWP and deactivate an active BWP at a time (par. 0384), UE RRC inactive state in fig. 15 (par. 0316-0317), and RRC inactive state for DRX (fig. 26 and par. 0430, 0447 & 0461). To advance the prosecution, further evidence for performing operation while inactive state is provided herein. In particular, Liu teaches performing the operations such as measuring position reference signal while a terminal device is in an idle or inactive state (fig. 5-7) by LMU/BS (fig. 8). It’s to note that it has been held that making an old device portable or movable without producing any new and unexpected result involves only routine skill in the art. In re Lindberg, 93 USPQ 23 (CCPA 1952). One of ordinary skill in the art would have expected Liu’s performing measurement while in RRC inactive to apply in Yi’s fig. 26-39 in DRX operation to perform the operations or measurement in DRX cycle.
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Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify power saving active bandwidth part BWP of Yi by providing uplink positioning for idle or inactive terminal device as taught in Liu. Such a modification would have provided a user equipment to perform uplink positioning signal measurement while UE is in idle or inactive state so that it could have prevented causing larger UE power consumption and positioning latency form the conventional RRC connected state as suggested in par. 0004 of Liu.
Secondly, “the small BWP for monitoring indications while considered to be in RRC inactive state” is considered. In case, applicant does not agree with the claim interpretations and rationales provided above, in accordance with MPEP 2111, the claimed “RRC idle state” could be reasonably interpreted in light of fig. 9 of this instant application. Accordingly, “RRC inactive state” is reasonably interpreted as some BWPs are to be OFF and ON only if needed to perform operations. Then, one of ordinary skill in the art would have expected UE measurement of fig. 9 of this instant application while in RRC inactive state to perform equally well with the Yi’s fig. 23 and 26-39 in DRX operation to perform the operations or measurement in DRX cycle. See fig. 9 of this instant application for entering inactive state but small BWP is monitoring DL paging to switch on the larger BWP for performing operations as the default bandwidth BWP 0 and BWP 1-3 in fig. 23 of Yi do. Indeed, such designation for different bandwidth parts for different operations, as shown in fig. 23 of Yi, can be seen in other prior arts as well. [To show this findings, although they are not applied, here are extra evidences for different BWPs for differ operations in order to advance the prosecution: Zhou et al. Pub. No.: US 2019/0149305 A1 and Akkarakaran et al. Pub. No.: US 2021/0058890 A1]. In particular, Liao teaches a default bandwidth part BWP, bigger bandwidth parts and the biggest bandwidth parts (812, 814, 816 in fig. 8).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify power saving active bandwidth part BWP of Yi in view of Liu by providing triggering adaptation mechanisms for UE power saving as taught in Liao to obtain the claimed invention as specified in the claim. Such a modification would have provided a user equipment with a default BWP to detect a trigger event or a power configuration so that the power consumption is conserved without affecting the performance as suggested in par. 0006-0008 of Liu.
Claim 2
Yi, in view of Liu and Liao, discloses the method of claim 1, wherein:
the first operation comprises monitoring for downlink paging information (Yi, fig. 23-39, monitoring PDCCH in slot n or interval from n to m; Liu, receiving paging in 820 in fig. 8), and the second operation comprises obtaining one or more positioning measurements of one or more positioning reference signals (PRS) (Yi, PRS measurement in fig. 3-8; and thus, the combined prior art renders the claim obvious).
Claim 3
Yi, in view of Liu and Liao, discloses the method of claim 2, further comprising:
transmitting the one or more positioning measurements to a network entity while the user equipment is in the RRC inactive state (Yi, fig. 23, Liu, fig. 8 for reporting position measurement to LMF; Liao, fig. 8; and thus, one of ordinary skill in the art would have expected the combined prior art to perform equally well to the claim, see MPEP 2143, KSR Exemplary Rationale F).
Claim 4
Yi, in view of Liu and Liao, discloses the method of claim 3, further comprising:
receiving a confirmation message from the network entity based on transmission of the one or more positioning measurements to the network entity (Yi, acknowledgement mode in par. 0211, Ack and NAck in par. 0244 and NR RLC acknowledgement mode in par. 0294; fig. 8 of Liu and fig. 8 & 10-12 of Liao; accordingly, Ack and NACK from the combined prior art would have expected by one of ordinary skill in the art to perform equally well to the claim).
Claim 6
Yi, in view of Liu and Liao, discloses the method of claim 2, further comprising:
transmitting the one or more positioning measurements to a network entity while the user equipment is in an RRC active state (Yi, fig. 23-39 for performing DRX operations; Liu, transmitting to positioning measurement in fig. 8; Liao, UE reports measurement during DRX ON duration in par. 0091; and thus, the combined prior art meets the claim requirement).
Claim 7
Yi, in view of Liu and Liao, discloses the method of claim 1, wherein:
the first bandwidth is a default bandwidth for small data transmission (SDT) (Yi, default BWP in fig. 23 and default BWP in fig. 8 of Liao), and the second bandwidth is a positioning bandwidth for measuring PRS (Yi, BWP 1-3 in fig. 23-39; Liu, measuring PRS in fig. 5-8; Liao, other BWPs of fig. 8 and performing CSI measurement in par. 0114; for these reasons, the combined prior art reads on the claim).
Claim 8
Yi, in view of Liu and Liao, discloses the method of claim 1, wherein:
the first operation comprises receiving a downlink paging message indicating the second time interval (Yi, paging on PDCCH in fig. 23, and see par. 0322 & 0429 for paging occasion in DRX ON in fig. 26-39; Liao, paging in fig. 2 and par. 0035; and hence, the combined prior art renders the claim obvious).
Claim 9
Yi, in view of Liu and Liao, discloses the method of claim 8, wherein:
the second time interval is specified as an absolute time (Yi, fig. 25 for downlink allocation that dedicated time for HARQ RTT absolutely and see fig. 37; and thus, the combined prior art reads on the claim unless claim further recites what are required to be the absolute time or what it is used for).
Claim 10
Yi, in view of Liu and Liao, discloses the method of claim 8, wherein:
the second time interval is specified as a relative time relative to a time that the downlink paging message is received (Yi, DRX on and off in fig. 26 A-B and in DRX On, there is a relative time for monitoring PDCCHs including paging message; accordingly, the combined prior art renders the claim obvious).
Claim 11
Yi, in view of Liu and Liao, discloses the method of claim 1, wherein:
the first operation comprises receiving Downlink Control Information (DCI) instructing the user equipment to switch from the one or more first bandwidth parts to the one or more second bandwidth parts (Yi, DCI in fig. 22 and see fig. 30 for scheduling DCI and switching BWP in fig. 23; Liao, switching BWP in fig. 8 & 10 according to configuration; and hence, the combined prior art would have read on the claim).
Claim 12
Yi, in view of Liu and Liao, discloses the method of claim 11, wherein:
a field in the DCI indicates at least the one or more second bandwidth parts and the second time interval (Yi, par. 0283, DCI comprises a BWP indicator field for DL BWP and UL BWP and par. 0285-0286 for how UE detects BWP, see fig. 22 and par. 0264 for explaining DCI format including: transmission and reception time, uplink, downlink, power control for PUCCH or PUSCH or SRS, slot format indicator SFI; and thus, the combined prior art meets the claim requirement).
Claim 13
Yi, in view of Liu and Liao, discloses the method of claim 11, wherein:
monitoring the one or more first bandwidth parts comprises monitoring a search space and a control resource set (CORESET) for the DCI (Yi, CORESET in par. 0451, 0459, 0468, and for CORESET in DCI in par. 0475 and see fig. 28 and par. 0481), the DCI associated with an inactive Radio Network Temporary Identifier (I-RNTI) (Yi, par. 0264, C-RNTI, P-RNTI, SI-RNTI, TPC-SRS-RNTI and par. 0475, SFI-RNTI; accordingly, one of ordinary skill in the art would have expected the claim to perform equally well with the combined prior art).
Claim 14
Yi, in view of Liu and Liao, discloses the method of claim 1, further comprising:
switching from the one or more second bandwidth parts to the one or more first bandwidth parts in response to receiving Downlink Control Information (DCI) instructing the user equipment to switch from the one or more second bandwidth parts to the one or more first bandwidth parts (Yi, fig. 23 for switching BWP after receiving DCI and see fig. 30-31 for DCI scheduling from the cells that UE will receive DCI and see par. 0460; Liao, switch BWP of fig. 8 in fig. 8 based on configuration received; and thus, the combined prior art renders the claim obvious).
Claim 15
Yi, in view of Liu and Liao, discloses the method of claim 1, further comprising:
switching from the one or more second bandwidth parts to the one or more first bandwidth parts after a configured timer expires (Yi, default BWP takes over when the inactivity timer expires for BWP1 in slot s; and thus, the combined prior art meets the claim condition).
Claim 16
Yi, in view of Liu and Liao, discloses the method of claim 1, further comprising:
receiving a first indication of at least the second time interval while the user equipment is in an RRC active state (Yi, receiving packet DCI for DL at BWP 1 in the slot m while BWP 1 is active, that is RRC active state for BWP 1; Liao, configuration received in fig. 10); and
switching from the one or more first bandwidth parts to the one or more second bandwidth parts based on the first indication (Yi, in slot S, active BWP switches from BWP 1 to BWP 0, i.e., default BWP becomes active; and hence, the combined prior art renders the claim obvious).
Claim 17
Yi, in view of Liu and Liao, discloses the method of claim 16, further comprising:
receiving a second indication of at least the first time interval while the user equipment is in the RRC active state (Yi, in fig. 23, receiving message on PDCCH at slot n and DCI at slot m exactly, it could be said that during timer interval from n to m, first indication and the second indication are received); and
switching from the one or more second bandwidth parts to the one or more first bandwidth parts based on the second indication (Yi, active BWP switches form BWP 1 to BWP 0; Liao, BWP switching in fig. 10 in accordance with configurations received; for these reasons, one of ordinary skill in the art would have expected the combined prior art to perform equally well to the claim obvious).
Claim 18
Yi, in view of Liu and Liao, discloses the method of claim 1, wherein:
the second bandwidth is larger than the first bandwidth (Yi, BWP 1-3 should be larger than the default BWP 0 as shown in fig. 8 of Liao in which other BWPs are larger than the default BWP; accordingly, the combined prior art renders the claim obvious).
Claim 19
Yi, in view of Liu and Liao, discloses the method of claim 1, wherein:
the first operation comprises monitoring for downlink paging signals (Yi, monitoring PDCCH in slot n in fig. 23), and the second operation comprises transmitting one or more uplink Sounding Reference Signals (SRS) (Yi, par. 0245, UE may transmit one or more Reference Signals RS, including SRS; Liu, 825 in fig. 8; and thus, the combined prior art meets the claim requirement).
Claim 20
Yi, in view of Liu and Liao, discloses the method of claim 1, wherein monitoring the one or more first bandwidth parts comprises monitoring one or more downlink paging channels, one or more search spaces, or both (Yi, see par. 0243 for paging channel PCH in view of PDCCH in fig. 23 and see par 0264 for a group common search space and UE-specific search space and par. 0430 in search space; for these reasons, the combined prior art renders the claim obvious).
Claim 21
Claim 21 is a UE claim corresponding to method claim 1. All of the limitations in claim 21 are found reciting for the structures of the same scopes of the respective limitations of claim 1. Accordingly, claim 21 can be considered obvious by the same rationales applied in the rejection of claim 1 set forth above.
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Additionally, Yi teaches a user equipment (wireless device in fig. 3 and see fig. 15-39), comprising: a memory (non-transitory memory 315 in fig. 3); at least one transceiver (communication interface 310 in fig. 3); and at least one processor (processor 314 in fig. 3) communicatively coupled to the memory and the at least one transceiver (the processor 314 would communicate with memory 315 and communication interface 310 to execute instructions 316 of fig. 3 to perform the steps in fig. 15-39 as explained in par. 0229-0231).
Claim 22-28
Claims 22-28 are UE claims corresponding to method claims 2, 3, 11, 14-15 and 18-19. Herein, claims 22-28 can be compared to claims 2, 3, 11, 14-15 and 18-19 such that: claim 22 to claim 2; claim 23 to claim 3; claim 24 to claim 11; claim 25 to claim 14; claims 26 to claim 15; claim 27 to claim 18; and claim 28 to claim 19. All of the limitations in claims 22-28 are found reciting for the structures of UE of the same scopes of the respective limitations of claims 2, 3, 11, 14-15 and 18-19. Accordingly, claims 22-28 can be considered obvious by the same rationales applied in the rejection of claims 2, 3, 11, 14-15 and 18-19 respectively set forth above.
Claim 29
Claim 29 is a UE claim corresponding to method claim 1. All of the limitations in claim 29 are found reciting for the structures of the same scopes of the respective limitations of claim 1. Accordingly, claim 29 can be considered obvious by the same rationales applied in the rejection of claim 1 set forth above.
Claim 30
Claim 30 is a computer product claim corresponding to method claim 1. All of the limitations in claim 30 are found reciting for the structures of the same scopes of the respective limitations of claim 1. Accordingly, claim 30 can be considered obvious by the same rationales applied in the rejection of claim 1 set forth above.
Allowable Subject Matter
11. Claim 5 is 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.
Contact Information
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN HTUN whose telephone number is (571)270-3190. The examiner can normally be reached Monday - Thursday 7 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jinsong Hu can be reached on 5712723965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAN HTUN/
Primary Examiner, Art Unit 2643