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 § 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 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.
Claim 9 is rejected under 35 U.S.C. 102(a1) as being anticipated by Cirik et al (US20200267712A1).
Regarding claim 9 (New), Cirik’712 discloses a terminal (see, Fig. 1 and 3, wireless devices communicate with BSs in RAN architecture including wireless devices, RAN nodes and AMF/UPF in 5GC, par 0206, 0208, 0215) comprising:
a receiver (Fig. 3, communication interface can be equated to receiver, par 0228) that receives at least one synchronization signal block of a first number of first synchronization signal blocks (one or more SS blocks on one beam can be equated to at least one synchronization signal block of a first number of first synchronization signal blocks, par 0268) and at least one synchronization signal block of a second number of second synchronization signal blocks (see, Fig. 9A, wireless device receives one or more SS blocks on each beam of multiple beams, par 0268); and
a processor (Fig. 3, processor can be equated to processor, par 0228) that controls reception by assuming that the at least one synchronization signal block of the second number of the second synchronization signal blocks (one or more SS blocks on one beam and another beam can be equated to at least one synchronization signal block of a second number of second synchronization signal blocks and at least one synchronization signal block of the first number of the first synchronization signal blocks respectively, par 0268) is quasi co-located (QCLed) with the at least one synchronization signal block of the first number of the first synchronization signal blocks (see, wireless device assumes SS block QCLed with DM-RS ports of a PDSCH from TCI states and determine (assume) a first TCI state and/or a first QCL assumption for the PDSCH is identical to (or substantially the same as) the second TCI state and/or the second QCL assumption, and TCI state and QCL assumption interchangeably and indicate a beam used for PDSCH data reception (and thus SS block(s) on one beam is QCLed with SS block(s) on another beam since TCI states are identical and DM-RS ports of these TCI states are identical), par 0348, 0351) and controls initial access (Fig. 12, initial access triggered random access procedure can be equated to initial access, par 0293) based on the at least one synchronization signal block of the first number of the first synchronization signal blocks (a SS block of one or more SS blocks on one beam and on anther beam can be equated to at least one synchronization signal block of first number of first synchronization signal blocks and second number of the second synchronization signal blocks respectively, par 0268) or on the at least one synchronization signal block of the second number of the second synchronization signal blocks (see, selection of a SS block of one or more SS block on one beam and corresponding PRACH resource based on RSRP threshold for random access procedure triggered by initial access, par 0293, 0295. Noted, RACH configuration via one or more beams, par 0295), wherein
when a first demodulation reference signal for downlink (DM-RS on first beam (first TCI state) can be equated to demodulation reference signal for downlink, par 0345, 0350) is QCLed with the at least one synchronization signal block of the first number of the first synchronization signal blocks (one TCI state indicates DL RS (an SS block) QCLed with DM-RS ports of the PDSCH, par 0267, 0345) and a second demodulation reference signal for downlink (DM-RS on second beam (second TCI state) can be equated to demodulation reference signal for downlink, par 0345, 0350) is QCLed with at least one synchronization signal block of the second number of the second synchronization signal blocks (see, wireless device assumes/determines that first TCI state ( and first QCL assumption) for a SS block of one or more SS blocks on one beam QCLed with DM-RS ports of the PDSCH of first beam and second TCI state (and second QCL assumption)for a SS block of one or more SS blocks on one beam QCLed with DM-RS ports of the PDSCH of second beam, par 0267-0268, 0345, 0350. Noted, TCI state and QCL assumption interchangeably and indicate a beam used for PDSCH data reception, and thus first and second TCI states corresponds to first and second beam, par 0350), the processor (Fig. 3, processor can be equated to processor, par 0228) controls reception by assuming that the second demodulation reference signal is QCLed with the first demodulation reference signal (see, wireless device assumes/determines first TCI state ( and first QCL assumption) and second TCI state ( and second QCL assumption)k are identical and thus DM-RS for PDSCH reception of first beam and second beam are QCLed, par 0350).
Regarding claim 15 (New), Claim 15 recites a radio communication method for a terminal performing the steps recited in claim 9 and thereby, is rejected for the reasons discussed above with respect to claim 9.
Regarding claim 16 (New), Cirik’712 discloses a base station (see, Fig. 1 and 3, BSs communicate with wireless devices in RAN architecture including wireless devices, RAN nodes and AMF/UPF in 5GC, par 0206, 0208, 0215) comprising:
a transmitter (Fig. 3, communication interface can be equated to transmitter, par 0215) that transmits a first number of first synchronization signal blocks (one or more SS blocks on one beam can be equated to at least one synchronization signal block of a first number of first synchronization signal blocks, par 0268) and a second number of second synchronization signal blocks (see, Fig. 9A, BS transmits one or more SS blocks on each beam of multiple beams, par 0268); and
a processor (Fig. 3, processor can be equated to processor, par 0215) that controls transmission by assuming that at least one synchronization signal block of the second number of the second synchronization signal blocks (one or more SS blocks on one beam and another beam can be equated to at least one synchronization signal block of a second number of second synchronization signal blocks and at least one synchronization signal block of the first number of the first synchronization signal blocks respectively, par 0268) is quasi co-located (QCLed) with at least one synchronization signal block of the first number of the first synchronization signal blocks (see, assumes SS block QCLed with DM-RS ports of a PDSCH from TCI states and determine (assume) a first TCI state and/or a first QCL assumption for the PDSCH is identical to (or substantially the same as) the second TCI state and/or the second QCL assumption, and TCI state and QCL assumption interchangeably and indicate a beam used for PDSCH data reception (and thus SS block(s) on one beam is QCLed with SS block(s) on another beam since TCI states are identical and DM-RS ports of these TCI states are identical), par 0348, 0351) and controls initial access (Fig. 12, initial access triggered random access procedure can be equated to initial access, par 0293) based on the at least one synchronization signal block of the first number of the first synchronization signal blocks (a SS block of one or more SS blocks on one beam and on anther beam can be equated to at least one synchronization signal block of first number of first synchronization signal blocks and second number of the second synchronization signal blocks respectively, par 0268) or on the at least one synchronization signal block of the second number of the second synchronization signal blocks (see, selection of a SS block of one or more SS block on one beam and corresponding PRACH resource based on RSRP threshold for random access procedure triggered by initial access, par 0293, 0295. Noted, RACH configuration via one or more beams, par 0295),
wherein when a first demodulation reference signal for downlink (DM-RS on first beam (first TCI state) can be equated to demodulation reference signal for downlink, par 0345, 0350) is QCLed with the at least one synchronization signal block of the first number of the first synchronization signal blocks (one TCI state indicates DL RS (an SS block) QCLed with DM-RS ports of the PDSCH, par 0267, 0345) and a second demodulation reference signal for downlink (DM-RS on second beam (second TCI state) can be equated to demodulation reference signal for downlink, par 0345, 0350) is QCLed with the at least one synchronization signal block of the second number of the second synchronization signal blocks (see, assumes/determines that first TCI state ( and first QCL assumption) for a SS block of one or more SS blocks on one beam QCLed with DM-RS ports of the PDSCH of first beam and second TCI state (and second QCL assumption)for a SS block of one or more SS blocks on one beam QCLed with DM-RS ports of the PDSCH of second beam, par 0267-0268, 0345, 0350. Noted, TCI state and QCL assumption interchangeably and indicate a beam used for PDSCH data reception, and thus first and second TCI states corresponds to first and second beam, par 0350), the processor (Fig. 3, processor can be equated to processor, par 0215) controls transmission by assuming that the second demodulation reference signal is QCLed with the first demodulation reference signal (see, assumes/determines first TCI state ( and first QCL assumption) and second TCI state ( and second QCL assumption) are identical and thus DM-RS for PDSCH reception of first beam and second beam are QCLed, par 0350).
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 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 col. 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 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.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Cirik’712 in view of Yoon et al (US20190363809A1).
Regarding claim 10 (New), Cirik’712 discloses the terminal according to claim 9 (see, Fig. 1 and 3, wireless devices communicate with BSs in RAN architecture including wireless devices, RAN nodes and AMF/UPF in 5GC, par 0206, 0208, 0215).
Cirik’712 discloses all the claim limitations but fails to explicitly teach: wherein the second number is larger than the first number.
However Yoon’809 from the same field of endeavor (see, Fig. 8, UE communicates with cell by a plurality of TRPs in NR system, par 0108) discloses: wherein the second number is larger than the first number (see, number of SSBs of frequency band/cell/carrier for above 6 GHz and below 6 GHz can be configured to different numbers, par 0116, 0181).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the terminal as taught by Yoon’809 into that of Cirik’712. The motivation would have been to configure SSB measurement timing for each cell to measuring SSBs transmitted from a plurality of cells located in the vicinity of UE (par 0002).
Regarding claim 11 (New), Cirik’712 discloses the terminal according to claim 9 (see, Fig. 1 and 3, wireless devices communicate with BSs in RAN architecture including wireless devices, RAN nodes and AMF/UPF in 5GC, par 0206, 0208, 0215).
Cirik’712 discloses all the claim limitations but fails to explicitly teach: wherein transmission periodicity of the second synchronization signal blocks is different from transmission periodicity of the first synchronization signal blocks.
However Yoon’809 from the same field of endeavor (see, Fig. 8, UE communicates with cell by a plurality of TRPs in NR system, par 0108) discloses: wherein transmission periodicity of the second synchronization signal blocks (first SSB transmission periodicity for SSB in one cell, abstract) is different from transmission periodicity of the first synchronization signal blocks (see, first SSB transmission periodicity for SSB in one cell and SSB transmission periodicity for SSB in neighbor cell can be configured differently, abstract, par 0110, 0112-0113).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the terminal as taught by Yoon’809 into that of Cirik’712. The motivation would have been to configure SSB measurement timing for each cell to measuring SSBs transmitted from a plurality of cells located in the vicinity of UE (par 0002).
Regarding claim 12 (New), Claim 12 recites a terminal performing the steps recited in claim 10 and thereby, is rejected for the reasons discussed above with respect to claim 10.
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Cirik’712 in view of Yoon’809 as applied to claims 9 and 10 respectively above, and further in view of Saggar et al (US20220078735A1, Pro 63075721 Priority Date: Sept 08, 2020).
Regarding claim 13 (New), Cirik’712 modified by Yoon’809 discloses the terminal according to claim 9 (see, Fig. 1 and 3, wireless devices communicate with BSs in RAN architecture including wireless devices, RAN nodes and AMF/UPF in 5GC, par 0206, 0208, 0215).
The combination of Cirik’712 and Yoon’809 discloses all the claim limitations but fails to explicitly teach: wherein the second synchronization signal blocks are transmitted aperiodically.
However Saggar’735 from the same field of endeavor (see, Fig. 7, UEs communicates with BS through lean synchronization signal design, par 0121) discloses: wherein the second synchronization signal blocks are transmitted aperiodically (see, RAN node transmits SSBs aperiodically on each beam of multi-beams, par 0112, 0124. Noted, SSBs on one and another beam of multi-beam can be equated to first and second synchronization signal blocks).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the terminal as taught by Saggar’735 into that of Cirik’712 modified by Yoon’809. The motivation would have been to utilize a reduced bandwidth and support beam management and/or time-frequency tracking functionality by aperiodic lean synchronization signal transmission (par 0054).
Regarding claim 14 (New), Claim 14 recites a terminal performing the steps recited in claim 13 and thereby, is rejected for the reasons discussed above with respect to claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hu et al (US20210392626A1, Priority Date: May 18, 2021) discloses: a SIB-x may include a configuration of DL RS for measurement/reporting using CSI-ReportConfig, a measurement resource, report quantity and report type, RS to measure included in NZP-CSI-RS resource set (including SSB or CSI-RS), resource sets may be a configuration for periodic/semi-persistent/aperiodic transmissions, and a set of CSI-RS or SSB that correspond to different DL beams (beam sweep)—based on current beam (par 0125). This applies to claims 13 and 14.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XUAN LU whose telephone number is (571)272-2844. The examiner can normally be reached on Monday - Friday 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KWANG Yao can be reached on (571)272-3182. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/XUAN LU/Primary Examiner, Art Unit 2473