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 1, 5-12, 16-21 and 23-27 are pending.
Response to Arguments
Applicant's arguments filed 07/14/2026 have been fully considered but they are not persuasive. In response to applicant’s argument, and taking claim 1 as exemplary, the claim is directed to a method performed by an apparatus. Applicant’s arguments are directed toward a different apparatus, which is not positively and concretely recited in the claim. The different apparatus does not have patentable weight, and therefore, the arguments are moot. Examiner suggests claiming a method performed by a system having an apparatus and a different apparatus.
Claim Interpretation
Examiner notes that “a power sensitivity” is interpreted as any smart phone using its battery for power wirelessly communicating with a network. Fig. 6 mentions “low power”, “power sensitive as a smart phone, and a UE plugged into a wall as not as power sensitive.”
Claim Rejections - 35 USC § 112
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.
Claims 1, 3-12, 14-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Taking amended claim 1 as exemplary, it recites “wherein a bandwidth of the at least one frequency resource on which the apparatus monitors for the downlink notification is smaller than a bandwidth of at least one other frequency resource used by a different apparatus to monitor for a different downlink notification.” It is unclear whether the apparatus or the different apparatus or both are monitoring “a bandwidth of at least one other frequency resource used by a different apparatus to monitor for a different downlink notification.” For the purpose of examination, it is interpreted as “wherein using a bandwidth of the at least one frequency, wherein the bandwidth of the at least one frequency is smaller than a bandwidth of at least one other frequency resource received from a different apparatus [[to]] when the apparatus is monitoring for a different downlink notification.
Additionally, the limitation “and the different apparatus is associated with a second apparatus type, capability, or service type that is not as power sensitive as the first apparatus type, capability, or service type” renders the claim indefinite because the claim is directed to a “method performed by an apparatus”. The limitation appears to be optional as it relates to a different apparatus, not the claimed apparatus, and as such, it is unclear what patentable weight, if any, the limitation has on the claim since it does not limit the method performed by the apparatus. If applicant wishes to amend to a method performed by a system having an apparatus and a different apparatus, applicant should positively and concretely recite such limitations. For the purpose of examination, the limitation is optional and not given patentable weight.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10 depends from claim, which is directed to a method performed by an apparatus. Claim 10 is directed to a different apparatus. Therefore, it fails to limit the method of the apparatus from which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6-7, 9-12, 16-17 and 19-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhou et al. US 2020/0100179.
Claim 1, Zhou discloses a method performed by an apparatus, the method comprising:
receiving a message indicating that the apparatus is to transition to a power saving state of a plurality of operating states ([0308] wireless device 2804 may receive the activation/deactivation command indicating the activation of the power saving operation configuration of the at least one power saving operation configuration. The wireless device 2804 may switch from the normal access mode to a power saving mode);
receiving an indication of at least one frequency resource for a control channel ([0308] wireless device 2804 may monitor a power saving signal/channel corresponding to the power saving operation configuration [inherently at a frequency]),
wherein the at least one frequency resource is associated with the power saving state and the at least one frequency resource is also associated with a power sensitivity of the apparatus ([0310] receive the power saving signal based on the monitoring of the channel (e.g., in a time window associated with the power saving operation configuration, in a frequency resource associated with the power saving operation configuration, and/or in a control resource set and/or a search space associated with the power saving operation configuration, etc.) and Fig. 1 illustrates a smartphone that is operating wirelessly i.e., a power sensitivity of the apparatus); and
monitoring for a downlink notification, in the power saving state ([0309] wireless device 2804 may monitor the power saving signal/channel in a frequency resource associated with the power saving operation configuration of the at least one power saving operation configuration), on the control channel at the at least one frequency resource ([0309] wireless device 2804 may monitor the power saving signal/channel in a frequency resource associated with the power saving operation configuration of the at least one power saving operation configuration), wherein a bandwidth of the at least one frequency resource on which the apparatus monitors for the downlink notification is smaller than a bandwidth of at least one other frequency resource ([0281] In at least some communication systems, a wireless device may not be configured for DRX operation. The wake-up mechanism may be used to selectively activate the wireless device, for example, to be operational for a particular time period. The wake-up mechanism may be used to selectively activate the wireless device to continuously monitor PDCCH in a particular time period. [0282] FIG. 27A and FIG. 27B show examples of a wake-up mechanism. In FIG. 27A, a base station may send (e.g., transmit) one or more messages 2702 (e.g., RRC messages) comprising parameters of a wake-up duration 2704 (or a power saving duration), to a wireless device. The wake-up duration may be a number of slots (or symbols) before a DRX On duration 2706 of a DRX cycle. The number of slots (or symbols), or a gap, between the wake-up duration 2704 (e.g., an end of the wake-up duration) and the DRX On duration 2706, may be configured in one or more RRC messages, or may be a fixed and predefined value.) used by a different apparatus ([0282] a base station) to monitor for a different downlink notification (see 112(b) above), and wherein the apparatus is a power-sensitive apparatus associated with a first apparatus type ([0309] wireless device 2804), capability, or service type and the different apparatus is associated with a second apparatus type, capability, or service type that is not as power sensitive as the first apparatus type, capability, or service type.
Claim 6, Zhou discloses the method of claim 1, wherein the downlink notification is an indication included in a downlink control information (DCI) that schedules a notification message to receive, or is a notification message included in a DCI ([0299] A base station may transmit a command (e.g., DCI or a MAC CE) indicating a power saving operation configuration of a plurality of power saving operation configurations that will be activated).
Claim 7, Zhou discloses the method of claim 1, wherein the indication of the at least one frequency resource is received along with or by receiving an indication of at least one of:
[[a]] of the at least one frequency resource bandwidth ([0309] wireless device 2804 may monitor the power saving signal/channel on a BWP of a cell, wherein the BWP and/or the cell may be indicated in the activation/deactivation command and/or the power saving operation configuration of the at least one power saving operation configuration);
a control resource set (CORESET) within the of the at least one frequency resource bandwidth; or
a search space within the CORESET ([0388] For example, a wireless device may be configured with two CORESETS for beam failure recovery, for example: a first CORESET for a full power state, and a second CORESET for a power saving state.).
Claim 9, Zhou discloses the method of claim 1, wherein the indication of the at least one frequency resource is received when the apparatus is in an active state ([0308] wireless device 2804 may monitor at most one power saving signal/channel for the power saving operation, for example, if at most one power saving operation configuration is comprised in the one or more RRC messages), and
wherein the message indicates that the apparatus is to transition from the active state to an inactive or idle state ([0308] wireless device 2804 may switch from the normal access mode to a power saving mode by applying parameters of the power saving operation configuration).
Claim 10, see claim 1 for the rejection, Zhou also discloses the method of claim 1, wherein the different is in another operating state that is different from the power saving state ([0299] A base station [official notice it is not battery powered; and also see 35 USC 112 (d) rejection above. No patentable weight.)])
Claim 11, see claim 1 for the rejection, Zhou discloses an apparatus (fig 3) comprising:
at least one processor (fig 3 processor 314); and
a memory (fig 3 memory 315) storing processor-executable instructions that, when executed, cause the at least one processor to:
receive a message indicating that the apparatus is to transition to a power saving state of at least one operating state;
receive an indication of at least one frequency resource for a control channel,
wherein the at least one frequency resource is associated with the power saving state and the at least one frequency resource is also associated with a power sensitivity of the apparatus (Fig. 1 element 110A showing a smart phone operating wirelessly);
monitor for a downlink notification, in the power saving state, on the control channel at the at least one frequency resource, wherein a bandwidth of the at least one frequency resource on which the apparatus monitors for the downlink notification is smaller than a bandwidth of at least one other frequency resource used by a different apparatus to monitor for a different downlink notification, and wherein the apparatus is a power-sensitive apparatus associated with a first apparatus type, capability, or service type and the different apparatus is associated with a second apparatus type, capability, or service type that is not as power sensitive as the first apparatus type, capability, or service type.
Claim 12, see claim 1 for the rejection, Zhou discloses a method performed by a device, the method comprising:
transmitting a message indicating that an apparatus is to transition to a power saving state of a plurality of operating states;
transmitting an indication of at least one frequency resource for a control channel,
wherein the at least one frequency resource is associated with the power saving state and the at least one frequency resource is also associated with a power sensitivity of the apparatus;
communicating with the apparatus in the power saving state by at least transmitting a downlink notification on the control channel at the at least one frequency resource, wherein a bandwidth of the at least one frequency resource on which the apparatus monitors for the downlink notification is smaller than a bandwidth of at least one other frequency resource used by a different apparatus to monitor for a different downlink notification, and wherein the apparatus is a power-sensitive apparatus associated with a first apparatus type, capability, or service type and the different apparatus is associated with a second apparatus type, capability, or service type that is not as power sensitive as the first apparatus type, capability, or service type.
Claim 16, see claim 6 for the rejection, Zhou discloses the method of claim 12, wherein the downlink notification is an indication included in a downlink control information (DCI) that schedules a notification message or is a notification message included in a DCI.
Claim 17, see claim 7 for the rejection, Zhou discloses the method of claim 12, wherein the indication of the at least one frequency resource is transmitted along with or by transmitting an indication of at least one of: [[a]] the bandwidth of the at least one frequency resource; a control resource set (CORESET) within the bandwidth of the at least one frequency resource; or a search space within the CORESET ([0388] For example, a wireless device may be configured with two CORESETS for beam failure recovery, for example: a first CORESET for a full power state, and a second CORESET for a power saving state.).
Claim 19, see claim 9 for the rejection, Zhou discloses the method of claim 12, wherein the indication of the at least one frequency resource is transmitted when the apparatus is in an active state, and
wherein the message indicates that the apparatus is to transition from the active state to an inactive or idle state ([0308] wireless device 2804 may switch from the normal access mode to a power saving mode by applying parameters of the power saving operation configuration).
Claim 20, see claim 1 for the rejection, Zhou discloses a device (fig 3) comprising:
at least one processor (fig 3 processor 321); and
a memory (fig 3 memory 322) storing processor-executable instructions that, when executed, cause the at least one processor to:
output, for transmission, a message indicating that an apparatus is to transition to a power saving state of a plurality of operating states;
output, for transmission, an indication of at least one frequency resource for a control channel,
wherein the at least one frequency resource is associated with the power saving state and the at least one frequency resource is also associated with a power sensitivity of the apparatus (Fig. 1 illustrates a smartphone that is operating wirelessly i.e., a power sensitivity of the apparatus) and
output a downlink notification for transmission on the control channel at the at least one frequency resource, wherein a bandwidth of the at least one frequency resource on which the apparatus monitors for the downlink notification is smaller than a bandwidth of at least one other frequency resource used by a different apparatus to monitor for a different downlink notification, and wherein the apparatus is a power-sensitive apparatus associated with a first apparatus type, capability, or service type and the different apparatus is associated with a second apparatus type, capability, or service type that is not as power sensitive as the first apparatus type, capability, or service type.
Claim 21, see claim 1 for the rejection. Zhou also discloses wherein the first apparatus type, capability, or service type is associated with a (see 35 USC 112(b) above) (Fig. 1 element 110A) requirement ([0229] A base station and/or a wireless device may use a power saving mechanism (e.g., hibernation mechanism) for an SCell, for example, if CA is configured. A power saving mechanism may improve battery performance (e.g., run-times), reduce power consumption of the wireless device, and/or to improve latency of SCell activation and/or SCell addition. The SCell may be transitioned (e.g., switched and/or adjusted) to a dormant state if the wireless device initiates a power saving state for (e.g., hibernates) the SCell. The wireless device may, for example, if the SCell is transitioned to a dormant state: stop transmitting SRS on the SCell, report CQI/PMI/RI/PTI/CRI for the SCell according to or based on a periodicity configured for the SCell in a dormant state, not transmit on an UL-SCH on the SCell, not transmit on a RACH on the SCell, not monitor the PDCCH on the SCell, not monitor the PDCCH for the SCell, and/or not transmit PUCCH on the SCell. Not transmitting, not monitoring, not receiving, and/or not performing an action may comprise, for example, refraining from transmitting, refraining from monitoring, refraining from receiving, and/or refraining from performing an action, respectively. Reporting CSI for an SCell, that has been transitioned to a dormant state, and not monitoring the PDCCH on/for the SCell, may provide the base station an “always-updated” CSI for the SCell. The base station may use a quick and/or accurate channel adaptive scheduling on the SCell, based on the always-updated CSI, if the SCell is transitioned back to active state. Using the always-updated CSI may speed up an activation procedure of the SCell. Reporting CSI for the SCell and not monitoring the PDCCH on and/or for the SCell (e.g., that may have been transitioned to a dormant state), may provide advantages such as increased battery efficiency, reduced power consumption of the wireless device, and/or increased timeliness and/or accuracy of channel feedback information feedback. A PCell/PSCell and/or a PUCCH SCell, for example, may not be configured or transitioned to a dormant state.).
Claim 23, see claim 11 for the rejection. Zhou also discloses wherein the indication of the at least one frequency resource is received along with or by receiving an indication of at least one of: the bandwidth of the at least one frequency resource; a control resource set (CORESET) within the bandwidth of the at least one frequency resource; or a search space within the CORESET ([0388] For example, a wireless device may be configured with two CORESETS for beam failure recovery, for example: a first CORESET for a full power state, and a second CORESET for a power saving state.).
Claim 24, see claim 11 for the rejection. Zhou also discloses wherein the message indicating that the apparatus is to transition to the power saving state is received subsequent to receiving the indication of the at least one frequency resource ([0012] broadcasting at least a first message indicating that the access point switches from the first access mode to the second access mode, the first message comprising a resource information specifying resource blocks allocated to the plurality of remote stations).
Claim 25, see claim 11 for the rejection. Zhou also discloses wherein the indication of the at least one frequency resource is received when the apparatus is in an active state, and wherein the message indicates that the apparatus is to transition from the active state to an inactive or idle state ([0308] wireless device 2804 may switch from the normal access mode to a power saving mode by applying parameters of the power saving operation configuration).
Claim 26, see claim 20 for the rejection. Zhou also discloses wherein the indication of the at least one frequency resource is transmitted along with or by transmitting an indication of at least one of: the bandwidth of the at least one frequency resource; a control resource set (CORESET) within the bandwidth of the at least one frequency resource; or a search space within the CORESET ([0388] For example, a wireless device may be configured with two CORESETS for beam failure recovery, for example: a first CORESET for a full power state, and a second CORESET for a power saving state.).
Claim 27, see claim 20 for the rejection. Zhou also discloses wherein the indication of the at least one frequency resource is transmitted when the apparatus is in an active state, and wherein the message indicates that the apparatus is to transition from the active state to an inactive or idle state ([0308] wireless device 2804 may switch from the normal access mode to a power saving mode by applying parameters of the power saving operation configuration).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. US 2020/0100179 in view of Yang et al. US 2023/0021951 (cont. appl. PCT/CN2019/116187 filed on Nov. 7, 2019).
Claim 5, Zhou discloses the method of claim 1, wherein monitoring for the downlink notification on the control channel at the at least one frequency resource comprises:
but is silent on,
at a configured time occasion, performing blind detection on the control channel at the at least one frequency resource to determine whether the downlink notification is present.
However, as Yang discloses at a configured time occasion, performing blind detection on the control channel at the at least one frequency resource to determine whether the downlink notification is present ([0004] terminal monitors the PDCCH at a corresponding paging occasion (PO), to determine whether a paging message is carried on the PDSCH indicated by the PDCCH. If the terminal does not detect the PDCCH at the corresponding PO, it means that no paging message is at the corresponding PO. That is, the terminal needs to perform blind detection of the PDCCH at each PO).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the Zhou invention with Yang invention to include the claimed limitation(s) so as to allow the network to send a paging occasion on a downlink control channel in order for the UE to perform blind detection to determine whether a message is at the corresponding paging occasion.
Claim(s) 8, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. US 2020/0100179 in view of Gault et al. US 2010/0061334.
Claim 8, Zhou discloses the method of claim 1,
but is silent on,
wherein the message indicating that the apparatus is to transition to the power saving state is received subsequent to receiving the indication of the at least one frequency resource.
However, as Gault discloses wherein the message indicating that the apparatus is to transition to the power saving state is received subsequent to receiving the indication of the at least one frequency resource ([0012] broadcasting at least a first message indicating that the access point switches from the first access mode to the second access mode, the first message comprising a resource information specifying resource blocks allocated to the plurality of remote stations).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person having ordinary skill in the art to modify the Zhou invention with Gault invention to include the claimed limitation(s) so as to allow the network to configure different modes of operating for the UE in order for the UE to perform switching of operating modes according to the allocated resource.
Claim 18, see claim 8 for the rejection, Zhou in view of Gault suggest the method of claim 12, wherein the message indicating that the apparatus is to transition to the power saving state is transmitted subsequent to transmitting the indication of the at least one frequency resource ([0012] broadcasting at least a first message indicating that the access point switches from the first access mode to the second access mode, the first message comprising a resource information specifying resource blocks allocated to the plurality of remote stations).
Claim 24, see claim 8 for the rejection, Zhou in view of Gault suggest the method of claim 11, wherein the message indicating that the apparatus is to transition to the power saving state is received subsequent to receiving the indication of the at least one frequency resource ([0012] broadcasting at least a first message indicating that the access point switches from the first access mode to the second access mode, the first message comprising a resource information specifying resource blocks allocated to the plurality of remote stations).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ma 20210377860 A1 discloses [0062] Even though the UE 110 has all of the capabilities listed above, communicating with maximum capability consumes more power. Therefore, a lower-power default operation mode is defined, as indicated in column 304 of FIG. 6. In this example default operation mode: [0063] The UE 110 uses two receive antennas and one transmit antenna for operation on low frequency bands, and uses one panel for operation on high frequency bands. [0064] The UE 110 communicates over a 5 MHz BWP on low frequency bands and over a 100 MHz BWP on high frequency bands. In some embodiments, the bandwidth of the BWP over which the UE 110 communicates in default operation mode may be the same as the bandwidth of the BWP used by the UE 110 when performing initial access. [0065] The UE 110 monitors downlink notification information once every 256 radio frames.
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.
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/Alison Slater/Supervisory Patent Examiner, Art Unit 2647
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