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 .
DETAILED ACTION
This action is in response to communications filed 2/11/2026.
Response to Arguments
Applicant's arguments filed 02/11/2026 have been fully considered but they are not persuasive. The amendments change the scope of the independent claims and mapping and has been provided below in the claim rejections section to reflect the change.
The arguments are directly specifically towards the NCD-SSBs. The NCD-SSBs are specified explicitly in and mapped to Xiong. Wu does disclose SSBs just not the specific type, Wu being silent to the particular types of SSBs does not mean that it would not be obvious to specify the exact type. It is an obvious combination to include a specific type of SSB for the limitation mapped to Wu. NCD-SSBs are a type of SSBs typically for use alongside RedCap devices, further making the choice of using them an obvious combination. Xiong does teach the specific NCD-SSB type, and was initially relied upon for this explicit type of SSB. Regarding the arguments on page 17 specifically, applicant asserts that Wu must be referring to CD-SSBs, which are not discussed in Wu and therefore it cannot be assumed by applicant that Wu would only be applicable in CD-SSB related cases. Regardless, Wu being silent to ‘CD’ vs ‘NCD’ SSBs does not constitute that it would not be obvious to perform a step recited in Wu by utilizing specifically NCD-SSBs. In response to applicant's argument that NCD-SSBs are not taught by Wu, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Xiong (Pub. No.: US 2023/0224880 A1) in view of Wu (Pub. No.: US 2025/0344280 A1).
Regarding claim 1, Xiong teaches
A method (Xiong [0305] and [0019]: method), comprising:
receiving, by a processor of an apparatus (Xiong fig. 7-8: processor of an apparatus), a configuration from a wireless node of a wireless network, wherein the configuration indicates one or more non-cell-defining synchronization signal blocks (NCD-SSBs) associated with a bandwidth part (BWP) for small data transmission (SDT) (Xiong fig. 11: 1102 receiving configuration information regarding NCD-SSB; Xiong [0019]: NCD-SSB is present in an RRC-configured active DL BWP; [0087-0088] and [0078]: CG-SDT for RedCap UEs when NCD-SSB is present in an RRC active BWP);
initiating, by the processor, an SDT procedure on the BWP according to the configuration (Xiong [0304]: CG-SDT operation (procedure) based on the NCD-SSB configuration; [0078]: CG-SDT when NCD-SSB is present in an RRC configured active BWP; [0087]: “a RedCap UE is configured with an RRC-configured DL BWP that is provided with an NCD-SSB configuration”); and
Xiong appears to be silent regarding performing, by the processor, a reference signal received power (RSRP) measurement based on the NCD-SSBs to determine whether to perform the SDT procedure.
However, Wu, in the analogous art of SDT procedures, teaches
performing, by the processor, a reference signal received power (RSRP) measurement based on the NCD-SSBs to determine whether to perform the SDT procedure (Wu [0009-0010]: SSB configured for SDT with calculated RSRP at a threshold, SDT procedure initiated, therefore, RSRP measurement is used to determine whether to perform the SDT procedure; NCD type being mapped above and obvious in combination with the primary reference Xiong).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiong to incorporate the teachings of Wu and perform, a reference signal received power (RSRP) measurement based on the NCD-SSBs to determine whether to perform the SDT procedure. Doing so would allow for determination if a particular condition is met before initiating the SDT procedure (Wu [0010]).
Regarding claim 2, Xiong modified by Wu teaches
The method of Claim 1 (the limitations of parent claim 1 as indicated above),
Xiong further teaches
wherein the receiving of the configuration is performed in an event that the BWP comprises no cell-defining synchronization signal block (CD-SSB) (Xiong [0019], [0030], and [0034]: when CD-SSB is not included, NCD-SSB can be configured).
Regarding claim 3, Xiong modified by Wu teaches
The method of Claim 1 (the limitations of parent claim 1 as indicated above),
Xiong further teaches
wherein the initiating of the SDT procedure is performed in an event that the apparatus is operating in a radio resource control (RRC) inactive state, an RRC idle state, or an RRC connected state (Xiong [0019]: RRC active state; [0078]: CG-SDT for RedCap UEs when NCD-SSB is present in an RRC active BWP).
Regarding claim 4, Xiong modified by Wu teaches
The method of Claim 1 (the limitations of parent claim 1 as indicated above),
Xiong further teaches
wherein the SDT procedure comprises a random access (RA)-SDT procedure or a configured grant (CG)-SDT procedure (Xiong [0078]: CG-SDT).
Regarding claim 5, Xiong modified by Wu teaches
The method of Claim 1 (the limitations of parent claim 1 as indicated above),
Xiong further teaches
wherein the configuration is received via an RRC signaling (Xiong [0087]: “a RedCap UE is configured with an RRC-configured DL BWP that is provided with an NCD-SSB configuration”; Fig. 11: 1102).
Regarding claim 6, Xiong modified by Wu teaches
The method of Claim 1 (the limitations of parent claim 1 as indicated above),
Xiong further teaches
wherein the BWP is a reduced capability (RedCap)-specific BWP (Xiong [0019]: BWP for a RedCap UE).
Regarding claim 7, Xiong modified by Wu teaches
The method of Claim 1 (the limitations of parent claim 1 as indicated above), further comprising
Xiong does not appear to teach at least one of the following: maintaining, by the processor, timing advance (TA) alignment and TA timer validation for the SDT procedure based on the NCD-SSBs; and performing, by the processor, an RSRP measurement based on the NCD-SSBs to determine which SSB to select for RA-SDT and CG-SDT.
However, Wu, in the analogous art of SDT procedures, teaches
at least one of the following:
maintaining, by the processor, timing advance (TA) alignment and TA timer validation for the SDT procedure based on the NCD-SSBs; and
performing, by the processor, an RSRP measurement based on the NCD-SSBs to determine which SSB to select for RA-SDT and CG-SDT (Wu [0006]: the downlink (DL) reference signal received power (RSRP) is above a configured threshold, and a valid SDT resource is available. The UE can initiate an SDT procedure with either a transmission over a random access channel (RACH) (i.e., random access SDT (RA-SDT)) or over Type 1 configured grant (CG) resources (i.e., CG-SDT); NCD type being mapped above and obvious in combination with the primary reference Xiong).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiong to incorporate the teachings of Wu and utilize at least one of the following: maintaining, by the processor, timing advance (TA) alignment and TA timer validation for the SDT procedure based on the NCD-SSBs; and performing, by the processor, an RSRP measurement based on the NCD-SSBs to determine which SSB to select for RA-SDT and CG-SDT. Doing so would allow for determination if particular conditions are met for the SDT procedure (Wu [0010]).
Regarding claim 8, Xiong teaches
An apparatus (Xiong [0346]: apparatus), comprising:
a transceiver (Xiong fig. 7: transmission and receiver circuitry components) which, during operation, wirelessly communicates with a network node of a wireless network (Xiong [0003]: wireless communications with a cell (node) or a wireless network); and
a processor communicatively coupled to the transceiver (Xiong fig. 7 and [0288]: processing circuitry coupled to the transceiver) such that, during operation, the processor performs operations comprising:
receiving, via the transceiver (Xiong fig. 7: transmission and receiver circuitry components), a configuration from the wireless node, wherein the configuration indicates one or more non-cell-defining synchronization signal blocks (NCD-SSBs) associated with a bandwidth part (BWP) for small data transmission (SDT) (Xiong fig. 11: 1102 receiving configuration information regarding NCD-SSB; Xiong [0019]: NCD-SSB is present in an RRC-configured active DL BWP; [0087-0088] and [0078]: CG-SDT for RedCap UEs when NCD-SSB is present in an RRC active BWP);
initiating an SDT procedure on the BWP according to the configuration (Xiong [0304]: CG-SDT operation (procedure) based on the NCD-SSB configuration; [0078]: CG-SDT when NCD-SSB is present in an RRC configured active BWP; [0087]: “a RedCap UE is configured with an RRC-configured DL BWP that is provided with an NCD-SSB configuration”); and
Xiong appears to be silent regarding performing, a reference signal received power (RSRP) measurement based on the NCD-SSBs to determine whether to perform the SDT procedure.
However, Wu, in the analogous art of SDT procedures, teaches
performing, via the transceiver, a reference signal received power (RSRP) measurement based on the NCD-SSBs to determine whether to perform the SDT procedure (Wu [0009-0010]: SSB configured for SDT with calculated RSRP at a threshold, SDT procedure initiated, therefore, RSRP measurement is used to determine whether to perform the SDT procedure; NCD type being obvious in combination with the primary reference Xiong).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiong to incorporate the teachings of Wu and perform, a reference signal received power (RSRP) measurement based on the NCD-SSBs to determine whether to perform the SDT procedure. Doing so would allow for determination if a particular condition is met before initiating the SDT procedure (Wu [0010]).
Regarding claim 9, Xiong modified by Wu teaches
The apparatus of Claim 8 (the limitations of parent claim 8 as indicated above),
Xiong further teaches
wherein the receiving of the configuration is performed in an event that the BWP comprises no cell-defining synchronization signal block (CD-SSB) (Xiong [0019], [0030], and [0034]: when CD-SSB is not included, NCD-SSB can be configured).
Regarding claim 10, Xiong modified by Wu teaches
The apparatus of Claim 8 (the limitations of parent claim 8 as indicated above),
Xiong further teaches
wherein the initiating of the SDT procedure is performed in an event that the apparatus is operating in a radio resource control (RRC) inactive state, an RRC idle state, or an RRC connected state (Xiong [0019]: RRC active state; [0078]: CG-SDT for RedCap UEs when NCD-SSB is present in an RRC active BWP).
Regarding claim 11, Xiong modified by Wu teaches
The apparatus of Claim 8 (the limitations of parent claim 8 as indicated above),
Xiong further teaches
wherein the SDT procedure comprises a random access (RA)-SDT procedure or a configured grant (CG)-SDT procedure (Xiong [0078]: CG-SDT).
Regarding claim 12, Xiong modified by Wu teaches
The apparatus of Claim 8 (the limitations of parent claim 8 as indicated above),
Xiong further teaches
wherein the configuration is received via an RRC signaling (Xiong [0087]: “a RedCap UE is configured with an RRC-configured DL BWP that is provided with an NCD-SSB configuration”; Fig. 11: 1102).
Regarding claim 13, Xiong modified by Wu teaches
The apparatus of Claim 9 (the limitations of parent claim 9 as indicated above),
Xiong further teaches
wherein the BWP is a reduced capability (RedCap)-specific BWP (Xiong [0019]: BWP for a RedCap UE).
Regarding claim 14, Xiong modified by Wu teaches
The apparatus of Claim 8 (the limitations of parent claim 8 as indicated above), wherein, during operation, the processor further performs operations comprising
Xiong does not appear to teach at least one of the following: maintaining timing advance (TA) alignment and TA timer validation for the SDT procedure based on the NCD-SSBs; and performing, via the transceiver, an RSRP measurement based on the NCD-SSBs to determine which SSB to select for RA-SDT and CG-SDT.
However, Wu, in the analogous art of SDT procedures, teaches
at least one of the following:
maintaining timing advance (TA) alignment and TA timer validation for the SDT procedure based on the NCD-SSBs; and
performing, via the transceiver, an RSRP measurement based on the NCD-SSBs to determine which SSB to select for RA-SDT and CG-SDT (Wu [0006]: the downlink (DL) reference signal received power (RSRP) is above a configured threshold, and a valid SDT resource is available. The UE can initiate an SDT procedure with either a transmission over a random access channel (RACH) (i.e., random access SDT (RA-SDT)) or over Type 1 configured grant (CG) resources (i.e., CG-SDT); NCD type being mapped above and obvious in combination with the primary reference Xiong).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiong to incorporate the teachings of Wu and utilize at least one of the following: maintaining, by the processor, timing advance (TA) alignment and TA timer validation for the SDT procedure based on the NCD-SSBs; and performing, by the processor, an RSRP measurement based on the NCD-SSBs to determine which SSB to select for RA-SDT and CG-SDT. Doing so would allow for determination if particular conditions are met for the SDT procedure (Wu [0010]).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiong (Pub. No.: US 2023/0224880 A1) in view of Huang (Pub. No.: US 2026/0020010 A1).
Regarding claim 15, Xiong teaches
A method (Xiong [0305] and [0019]: method), comprising:
transmitting, by a processor of a wireless node, a configuration to an apparatus (Xiong fig. 7: processor; Xiong fig. 11: transmission of configuration received by apparatus), wherein the configuration indicates one or more non-cell-defining synchronization signal blocks (NCD-SSBs) associated with a bandwidth part (BWP) for small data transmission (SDT) (Xiong fig. 11: 1102 receiving configuration information regarding NCD-SSB; Xiong [0019]: NCD-SSB is present in an RRC-configured active DL BWP; [0087-0088] and [0078]: CG-SDT for RedCap UEs when NCD-SSB is present in an RRC active BWP); and
performing, by the processor (Xiong fig. 7: processor), an SDT procedure with the apparatus on the BWP (Xiong [0304]: CG-SDT operation (procedure) based on the NCD-SSB configuration; [0078]: CG-SDT when NCD-SSB is present in an RRC configured active BWP; [0087]: “a RedCap UE is configured with an RRC-configured DL BWP that is provided with an NCD-SSB configuration”),
Xiong does not appear to teach wherein the SDT procedure is initiated from the apparatus using the NCD-SSBs for downlink (DL) synchronization during the SDT procedure.
However, Huang, in the analogous art of SDT, teaches
wherein the SDT procedure is initiated from the apparatus using the NCD-SSBs for downlink (DL) synchronization during the SDT procedure (Huang cl. 1: “Downlink (DL) Synchronization Signal Block (SSB) during the MT-SDT procedure”; where the NCD type being mapped above and obvious in combination with the primary reference Xiong).
It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Xiong to incorporate the teachings of Huang and have the SDT procedure is initiated from the apparatus using the NCD-SSBs for downlink (DL) synchronization during the SDT process. Doing so would allow for reduction of signaling overhead and improve performance and efficiency (Huang [000051-0057]).
Regarding claim 16, Xiong modified by Huang teaches
The method of Claim 15 (the limitations of parent claim 15 as indicated above),
Xiong further teaches
wherein the transmitting of the configuration is performed in an event that the BWP comprises no cell-defining synchronization signal block (CD-SSB) (Xiong [0019], [0030], and [0034]: when CD-SSB is not included, NCD-SSB can be configured).
Regarding claim 17, Xiong modified by Huang teaches
The method of Claim 15 (the limitations of parent claim 15 as indicated above),
Xiong further teaches
wherein the SDT procedure is initiated in an event that the apparatus is operating in a radio resource control (RRC) inactive state, an RRC idle state, or an RRC connected state (Xiong [0019]: RRC active state; [0078]: CG-SDT for RedCap UEs when NCD-SSB is present in an RRC active BWP).
Regarding claim 18, Xiong modified by Huang teaches
The method of Claim 15 (the limitations of parent claim 15 as indicated above),
Xiong further teaches
wherein the SDT procedure comprises a random access (RA)-SDT procedure or a configured grant (CG)-SDT procedure (Xiong [0078]: CG-SDT).
Regarding claim 19, Xiong modified by Huang teaches
The method of Claim 15 (the limitations of parent claim 15 as indicated above),
Xiong further teaches
wherein the configuration is transmitted via an RRC signaling (Xiong [0087]: “a RedCap UE is configured with an RRC-configured DL BWP that is provided with an NCD-SSB configuration”; Fig. 11: 1102).
Regarding claim 20, Xiong modified by Huang teaches
The method of Claim 17 (the limitations of parent claim 17 as indicated above),
Xiong further teaches
wherein the BWP is a reduced capability (RedCap)-specific BWP (Xiong [0019]: BWP for a RedCap UE).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RACHEL E MARKS whose telephone number is (703)756-1309. The examiner can normally be reached Mon-Fri 8:30am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at (571)270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.E.C./Examiner, Art Unit 2412
/CHARLES C JIANG/Supervisory Patent Examiner, Art Unit 2412
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