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, 9, 16, 24 have been amended.
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.
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.
Claim(s) 1-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ouchi et al. (US20170041880) in view of Takeda et al. (US20170135039).
Regarding claim 1, 16 Ouchi teaches An apparatus for wireless communication, comprising: a transceiver ([0846] “The terminal device includes: a transmission unit”); one or more memories configured to, individually or in combination, store instructions; and one or more processors ([0843] “The method of realizing the devices or functional blocks as the integrated circuit is not limited to the LSI, and a dedicated circuit or a general-purpose processor may be used”) communicatively coupled with the one or more memories ([0840] “a medium that retains programs for a regular period of time such as a volatile memory within the computer system which is a server or a client in this case. The program may be used to realize a part of the above-described functions”), wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus ([0843] “The method of realizing the devices or functional blocks as the integrated circuit is not limited to the LSI, and a dedicated circuit or a general-purpose processor may be used”) to:
transmit, to a serving cell, a discovery signal identifier ([0278] “The DS includes a plurality of signals…, the frequency synchronization, the cell identification and the transmission point identification. The CSI-RS included in the DS may be used for the transmission point identification, the RSRP measurement, the RSRQ measurement and the CSI measurement”, (Examiner note: discovery signal identifier is equivalent to CSI-RS) associated with an apparatus ([0193] “The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell”, The terminal device 1 reports the measurement of the serving cell, (Examiner’s Note: using the DS the apparatus detect/ discovers another neighboring cell, performs measurements and send to serving cell the measurements);
receive, from the serving cell and based on transmitting the discovery signal identifier ([0193] “The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell. The terminal device 1 reports the measurement of the serving cell, [0277] “Hereinafter, the details of the discovery signal (DS) will be described… cell/transmission point identification, RSRP measurement, RSRQ measurement, the measurement (UE positioning) of the geographic position of the terminal device 1, and CSI measurement”),
a resource grant scheduling resources for transmitting an uplink discovery signal to the ([0196] “The serving cell may notify the terminal device 1 of the information indicating the activated/deactivated state of the surrounding cell”, [0199] “The information indicating the activated/deactivated state is notified through the downlink control information (DCI) format 1C The information indicating the activated/deactivated state may be notified through the DCI format 3/3A. The information indicating the activated/deactivated state may be notified through a format having the same payload size (bit number) as that of the DCI format 1C”), [0201] “The DCI format associated with the uplink scheduling is referred to as an uplink grant, and the DCI format associated with the downlink scheduling is referred to as a downlink grant (downlink assignment). One DCI format may be transmitted to the plurality of terminal devices 1”);
and transmit, using the resources, the uplink discovery signal to the ([0195] “he terminal device 1 transmits the SRS based on the configuration of the SRS or the indication of the SRS request. The neighbour cell detects the SRS transmitted from the terminal device 1”),
wherein the uplink discovery signal identifies the [0193] “The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell. The terminal device 1 reports the measurement of the serving cell, [0277] “Hereinafter, the details of the discovery signal (DS) will be described… cell/transmission point identification, RSRP measurement, RSRQ measurement, the measurement (UE positioning) of the geographic position of the terminal device 1, and CSI measurement”).
Ouchi does not explicitly teach an energy saving (ES) cell, ES cell, ES cell, ES cell.
Takeda teaches an energy saving (ES) cell ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”), ES cell ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”), ES cell ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”), ES cell ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ouchi to incorporate the teachings of Takeda. One of ordinary skill in the art would have been motivated to make this modification in order to increase power saving.
Regarding claim 9, 24, Ouchi teaches An apparatus for wireless communication, comprising: a transceiver ([0852] “a transmission unit “); one or more memories configured to, individually or in combination, store instructions; and one or more processors ([0843] “The method of realizing the devices or functional blocks as the integrated circuit is not limited to the LSI, and a dedicated circuit or a general-purpose processor may be used”) communicatively coupled with the one or more memories ([0840] “a medium that retains programs for a regular period of time such as a volatile memory within the computer system which is a server or a client in this case. The program may be used to realize a part of the above-described functions”), wherein the one or more processors are configured to execute the instructions ([0843] “The method of realizing the devices or functional blocks as the integrated circuit is not limited to the LSI, and a dedicated circuit or a general-purpose processor may be used”) to cause the apparatus to:
transmit, ([0193] “The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell”, The terminal device 1 reports the measurement of the serving cell.) including a discovery signal identifier of the apparatus ([0278] “The DS includes a plurality of signals…, the frequency synchronization, the cell identification and the transmission point identification. The CSI-RS included in the DS may be used for the transmission point identification, the RSRP measurement, the RSRQ measurement and the CSI measurement”);
receiving, from a serving cell and based on transmitting the downlink discovery signal ([0278] “The DS includes a plurality of signals…, the frequency synchronization, the cell identification and the transmission point identification. The CSI-RS included in the DS may be used for the transmission point identification, the RSRP measurement, the RSRQ measurement and the CSI measurement”, [0193] “The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell”, The terminal device 1 reports the measurement of the serving cell.),
a resource grant scheduling resources for receiving an uplink discovery signal from a user equipment (UE) ([0193] “The serving cell determines whether or not to perform the transition of the base station device 3 in the deactivated state to the activated state based on the reporting of the measurement from the terminal device 1, and notifies the base station device 3 in the deactivated state of information indicating the activation through the backhaul in a case where it is determined that the transition to the activated state is performed.”, (Examiner’s Note: the base station device 3 in the deactivated state is equivalent to apparatus), [0199] “The information indicating the activated/deactivated state is notified through the downlink control information (DCI) format 1C The information indicating the activated/deactivated state may be notified through the DCI format 3/3A. The information indicating the activated/deactivated state may be notified through a format having the same payload size (bit number) as that of the DCI format 1C”), [0201] “The DCI format associated with the uplink scheduling is referred to as an uplink grant, and the DCI format associated with the downlink scheduling is referred to as a downlink grant (downlink assignment). One DCI format may be transmitted to the plurality of terminal devices 1”);
and monitoring the resources for the uplink discovery signal from the UE that identifies the ([0195] “he terminal device 1 transmits the SRS based on the configuration of the SRS or the indication of the SRS request. The neighbour cell detects the SRS transmitted from the terminal device 1”, ([0278] “The DS includes a plurality of signals…, the frequency synchronization, the cell identification and the transmission point identification. The CSI-RS included in the DS may be used for the transmission point identification, the RSRP measurement, the RSRQ measurement and the CSI measurement”, [0193] “The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell”, The terminal device 1 reports the measurement of the serving cell.)).
Ouchi does not explicitly teach in an energy saving (ES) state.
Takeda teaches in an energy saving (ES) state([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”, [0067] “Also, when the small cell is in the off state (when the operation state of the user terminal in the small cell is in the deactivated state), the user terminal monitors the downlink control channel (PDCCH) of the small cell periodically), ES cell([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ouchi to incorporate the teachings of Takeda. One of ordinary skill in the art would have been motivated to make this modification in order to increase power saving.
Regarding claim 2, 17, Ouchi teaches wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus to receive, from the ([0278] “The DS includes a plurality of signals…, the frequency synchronization, the cell identification and the transmission point identification. The CSI-RS included in the DS may be used for the transmission point identification, the RSRP measurement, the RSRQ measurement and the CSI measurement”, [0193] “The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell”, The terminal device 1 reports the measurement of the serving cell.)),
and transmit the discovery signal identifier to the serving cell based on receiving the downlink discovery signal ([0193] “The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell”, The terminal device 1 reports the measurement of the serving cell.).
Ouch does not explicitly teach ES cell.
Takeda teaches explicitly teach ES cell ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ouchi to incorporate the teachings of Takeda. One of ordinary skill in the art would have been motivated to make this modification in order to increase power saving.
Regarding claim 3, 18 , Ouchi teaches wherein the downlink discovery signal includes a reference signal indicating presence of the ([0278] “The DS includes a plurality of signals…, the frequency synchronization, the cell identification and the transmission point identification. The CSI-RS included in the DS may be used for the transmission point identification, the RSRP measurement, the RSRQ measurement and the CSI measurement”).
Ouch does not explicitly teach ES cell.
Takeda teaches explicitly teach ES cell ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ouchi to incorporate the teachings of Takeda. One of ordinary skill in the art would have been motivated to make this modification in order to increase power saving.
Regarding claims 4, 19, Ouchi teaches wherein the downlink discovery signal is a primary synchronization signal (PSS) ([0278] “The DS includes a plurality of signals. As an example, the DS includes the PSS, the SSS and the CRS”).
Regarding claim 5, 20, Ouchi teaches wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus to receive, from the serving cell and based on transmitting the uplink discovery signal to the ([0196] “The serving cell may notify the terminal device 1 of the information indicating the activated/deactivated state of the surrounding cell. The terminal device 1 switches the action of the terminal device 1 by recognizing the activated state or the deactivated state of the cell. The action of the terminal device 1 is, for example, an interference measurement method”).
Ouch does not explicitly teach ES cell.
Takeda teaches explicitly teach ES cell ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ouchi to incorporate the teachings of Takeda. One of ordinary skill in the art would have been motivated to make this modification in order to increase power saving.
Regarding claims 6, 21, Ouchi wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus to communicate with the ([0180] “Thus, the base station device 3 performs transmission to an ON state (an operating state or an activated state) or an OFF state (a deactivated state). In a case where the base station device 3 does not transmit and receive data to and from the terminal device 1, the base station device 3 may perform transition to the OFF state. In a case where the base station device 3 transmits and receives data to and from the terminal device 1, the base station device 3 may perform transition to the ON state”).
Ouch does not explicitly teach ES cell.
Takeda teaches explicitly teach ES cell ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ouchi to incorporate the teachings of Takeda. One of ordinary skill in the art would have been motivated to make this modification in order to increase power saving.
Regarding claims 7, 22, Ouchi teaches wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus to communicate with the ([0481] “In a case where the secondary cell in the deactivated state is the small cell, if a random access response grant (RAR grant) through a PDCCH order is transmitted from the primary cell (PDCCH/EPDCCH (DCI format) transmitted in the primary cell) through cross-carrier scheduling, the terminal device 1 may perform the RACH transmission in the secondary cell. That is, in this case, the base station device 3 expects to receive the RACH in the secondary cell”).
Ouch does not explicitly teach ES cell.
Takeda teaches explicitly teach ES cell ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ouchi to incorporate the teachings of Takeda. One of ordinary skill in the art would have been motivated to make this modification in order to increase power saving.
Regarding claims 8. 23, Ouchi teaches wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus to transmit the discovery signal identifier over a physical uplink control channel (PUCCH) or a physical uplink shared channel (PUSCH) ([0623] “In the OFF state of the ON/OFF cell, the terminal device 1 may perform the uplink transmission of the PUCCH or the PUSCH in the ON/OFF cell. That is, the ON/OFF cell may also perform the reception process in the OFF state”).
Regarding claim 10, 25, Ouchi teaches wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus to receive, from the UE, the uplink discovery signal over the monitored resources ([0193] “The base station device 3 (serving cell) to which the terminal device 1 is connected and the base station device 3 (neighbour cell) in the deactivated state share the configuration of the DS through the backhaul. The serving cell notifies the terminal device 1 of the configuration of the DS. The neighbour cell transmits the DS. The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell. The terminal device 1 reports the measurement of the serving cell. The serving cell determines whether or not to perform the transition of the base station device 3 in the deactivated state to the activated state based on the reporting of the measurement from the terminal device 1, and notifies the base station device 3 in the deactivated state of information indicating the activation through the backhaul in a case where it is determined that the transition to the activated state is performed”).
Regarding claims 11, 26, Ouchi teaches wherein the downlink discovery signal is a primary synchronization signal (PSS) ([0278] “The DS includes a plurality of signals. As an example, the DS includes the PSS, the SSS and the CRS”).
Regarding claims 12, 27, Ouchi teaches further comprising transitioning from the ([0180] “Thus, the base station device 3 performs transmission to an ON state (an operating state or an activated state) or an OFF state (a deactivated state). In a case where the base station device 3 does not transmit and receive data to and from the terminal device 1, the base station device 3 may perform transition to the OFF state. In a case where the base station device 3 transmits and receives data to and from the terminal device 1, the base station device 3 may perform transition to the ON state”).
Ouchi does not explicitly teach the ES state.
Takeda teaches the ES state ([0038] “ small base stations 1 to 3 each transmit discovery signals in bursts. Here, the discovery signals are signals that are used to detect/measure the small cells … By transmitting discovery signals synchronously, it is possible to reduce the discovery signal measurement period in the user terminal, so that a battery saving effect can be achieved”, Here, if the small cell is in the off state, the user terminal is in the state of deactivation, in which the user terminal does not monitor a downlink control channel (PDCCH: Physical Downlink Control CHannel) (“PDCCH monitoring”) or report CSI (“CSI reporting,” “CQI/PMI/RI/PTI reporting,” etc.)).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Ouchi to incorporate the teachings of Takeda. One of ordinary skill in the art would have been motivated to make this modification in order to increase power saving.
Regarding claim 13, 18 Ouchi teaches wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus to transmit, to the serving cell, an indication of transitioning to the active state ([0193] “The serving cell determines whether or not to perform the transition of the base station device 3 in the deactivated state to the activated state based on the reporting of the measurement from the terminal device 1, and notifies the base station device 3 in the deactivated state of information indicating the activation through the backhaul in a case where it is determined that the transition to the activated state is performed”).
Regarding claims 14, 19, Ouchi teaches wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus to communicate with the UE based on transitioning to the active state ([0180] “Thus, the base station device 3 performs transmission to an ON state (an operating state or an activated state) or an OFF state (a deactivated state). In a case where the base station device 3 does not transmit and receive data to and from the terminal device 1, the base station device 3 may perform transition to the OFF state. In a case where the base station device 3 transmits and receives data to and from the terminal device 1, the base station device 3 may perform transition to the ON state”).
Regarding claim 15, 30, Ouchi teaches wherein the one or more processors are, individually or in combination, configured to execute the instructions to cause the apparatus to communicate with the UE including performing a random access channel (RACH) procedure with the UE ([0481] “In a case where the secondary cell in the deactivated state is the small cell, if a random access response grant (RAR grant) through a PDCCH order is transmitted from the primary cell (PDCCH/EPDCCH (DCI format) transmitted in the primary cell) through cross-carrier scheduling, the terminal device 1 may perform the RACH transmission in the secondary cell. That is, in this case, the base station device 3 expects to receive the RACH in the secondary cell”).
Response to Arguments
Applicant's arguments filed 09/16/2025 have been fully considered but they are not persuasive.
Applicant’s Argument 1
Ouchi, however, fails to disclose or suggest at least "receive, from the serving cell and based on transmitting the discovery signal identifier, a resource grant scheduling resources for transmitting an uplink discovery signal to the ES cell; and transmit, using the resources, the uplink discovery signal to the ES cell, wherein the uplink discovery signal identifies the ES cell," as recited in amended independent claim 1.
Examiner’s Response 1
Examiner respectfully disagrees. The combination of Ouchi in view of Takeda teaches "receive, from the serving cell and based on transmitting the discovery signal identifier, a resource grant scheduling resources for transmitting an uplink discovery signal to the ES cell; and transmit, using the resources, the uplink discovery signal to the ES cell, wherein the uplink discovery signal identifies the ES cell," as recited in amended independent claim 1. See updated rejection.
Ouchi is relied upon to show receive, from the serving cell and based on transmitting the discovery signal identifier, a resource grant scheduling resources for transmitting an uplink discovery signal to the
Furthermore the discovery signal is used to allow the system to know the state [0277] “receive, from the serving cell and based on transmitting the discovery signal identifier, a resource grant scheduling resources for transmitting an uplink discovery signal to the ES cell; and transmit, using the resources, the uplink discovery signal to the ES cell, wherein the uplink discovery signal identifies the ES cell”. Then further in [0197-201] describes using state information in DCI for uplink and downlink grants.
Furthermore Ouchi mentions other DCI formats for example in The DCI format 2/2A/2B/2C/2D is used to schedule two.
Takeda is relied upon to show ES cell.
Applicant’s Argument 2
Ouchi, however, fails to disclose or suggest SRS scheduled through DCI format 3/3A. Thus, it is not clear how the disclosure in paragraph [0199] of Ouchi regarding DCI format 3/3A could be combined with the disclosure in paragraph [0195] of Ouchi regarding transmitting the SRS to arrive at the claimed aspects. Specifically, the SRS in Ouchi is not scheduled by the DCI format 3/3A. Therefore, based on these cited sections, Ouchi cannot be said to disclose or suggest "receive, from the serving cell and based on transmitting the discovery signal identifier, a resource grant scheduling resources for transmitting an uplink discovery signal to the ES cell" and "transmit, using the resources, the uplink discovery signal to the ES cell, wherein the uplink discovery signal identifies the ES cell," as recited in amended independent claim 1, at least because the cited resource grant (DCI format 3/3A) is not disclosed by Ouchi as a DCI format used to schedule SRS (DCI formats 0/1A/2B/2C/2D/4).
Examiner’s Response 2
Examiner’s respectfully disagrees. SRS can be broadly interpreted as a discovery signal, and discovery signals are used for example defined in [0278] ([0278] “The DS includes a plurality of signals…, the frequency synchronization, the cell identification and the transmission point identification. The CSI-RS included in the DS may be used for the transmission point identification, the RSRP measurement, the RSRQ measurement and the CSI measurement”, [0193] “The terminal device 1 detects the DS transmitted from the neighbour cell based on the configuration of the DS notified from the serving cell. The terminal device 1 measures the physical layer by using the DS transmitted from the neighbour cell”, The terminal device 1 reports the measurement of the serving cell.).
Furthermore in regards to DCI formats Furthermore Ouchi mentions other DCI formats for example in The DCI format 2/2A/2B/2C/2D is used to schedule two.
Applicant’s Argument 3
As explained above, Ouchi fails to contemplate the cells sharing the configuration of SRS as being based on the neighbour cell transmitting DS. Thus, Ouchi fails to disclose or suggest at least "receiving, from a serving cell and based on transmitting the downlink discovery signal, a resource grant scheduling resources for receiving an uplink discovery signal from a user equipment (UE)," as recited in amended independent claims 9 and 24. In addition, as explained above, Ouchi fails to contemplate the SRS identifying the neighbour cell. Thus, Ouchi fails to disclose or suggest at least "monitoring the resources for the uplink discovery signal from the UE that identifies the ES cell," as recited in amended independent claims 9 and 24.
Examiner’s Response 3
Examiner respectfully disagrees. See above arguments, similarly addressed.
Conclusion
THIS ACTION IS MADE FINAL. 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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/K.T.F./Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411