DETAILED ACTION
This action is in response to communications filed December 18th, 2023.
Claims 1-4, 6-9, and 11-14 are currently pending. Claims 1-4, 6-9, and 11-14 are amended via preliminary amendment. And claims 5, 10, and 15 are canceled via preliminary amendment.
The present application is a continuation of International Patent Application no. PCT/JP2022/025388, filed on June 24th, 2022, which claims priority to Japanese Patent Application no. 2021-106423, filed on June 28th, 2021.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) are: “a communicator configured to” and “a controller configured to” in claims 1 and 6.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
Claims 1-4, 6-9, and 11-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zeineddine et al (U.S. Patent Application Publication no. 2023/0198602, hereinafter Zeineddine).
With respect to claims 1, 6, and 11, Zeineddine discloses a communication apparatus, base station, and method executed by a communication apparatus that communicates with a base station (paragraph [0033], lines 4) that manages a cell including N (N > 2) transmission/reception points (paragraph [0047], multiple transmission and receive point), the communication apparatus comprising:
a communicator configured to receive, from the base station, a radio resource control (RRC) message (paragraph [0055], lines 5-9) including BWP-DownlinkDedicated (paragraph [0070], lines 10-14, DL-BWP) including configuration of three or more reference signal resources (paragraph [0036], reference signal resource configurations in each of the first, second, and third beam failure detection reference signal set) including a reference signal for a radio link monitoring configuration (paragraph [0036], radio link quality of reference signal resource configurations) and a reference signal resource for each of N beam failure detections (paragraph [0036], reference signal resource configurations in each of the first, second, and third beam failure detection reference signal set); and
a controller configured to:
perform a radio link monitoring for the reference signal resource for the radio link monitoring based on a radio link monitoring configuration (paragraph [0069], lines 7-10, monitors a radio link; paragraph [0087], lines 1-4, RadioLinkMonitoringConfig), and
individually detect beam failure for the reference signal resource for each of the N beam failure detections (paragraph [0043] based on a configuration for each of the N beam failure detections (paragraph [0054], lines 15-22, a quality of each BFD-RS may be individually compared with a threshold); wherein
the BWP-DownlinkDedicated is used for configuring communication apparatus specific parameters of a downlink bandwidth part of the cell (paragraph [0070], lines 10-14, DL-BWP).
With respect to claims 2, 7, and 12, Zeineddine discloses the communication apparatus according to claims 1, 6, and 11, wherein
the BWP-DownlinkDedicated includes the radio link monitoring configuration and the configuration for each of the N beam failure detections (paragraph [0075], lines 1-8, radio link quality measurements on the BWP of the serving cell).
With respect to claims 3, 8, and 13, Zeineddine discloses the communication apparatus according to claims 1, 6, and 11, wherein
a purpose of the reference signal resource for the radio link monitoring is only configured to radio link failure when a reference signal resource for each of the N beam failure detections is configured (paragraph [0036], lines 1-9, beam failure detection reference signal set).
With respect to claims 4, 9, and 14, Zeineddine discloses the communication apparatus according to claims 1, 6, and 11, wherein
the configuration for each of the N beam failure detections includes an additional/modification list for adding and/or modifying one or a plurality of reference signal resources (paragraph [0075], lines 1-8, candidateBeamRSList), a release list for releasing one or a plurality of reference signal resources (paragraph [0082]), a maximum count value of beam failure instance indication from the physical layer (paragraph [0070], lines 1-8), and a timer value for detecting the beam failure (paragraph [0087], lines 1-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Maattanen Pat. Pub. 2023/0413077
Go Pat. Pub. 2025/0038823
Go Pat. Pub. 2023/0319936
Agiwal Pat. Pub. 2022/0046441
Cirik Pat. Pub. 2024/0187073
Shi Patent no. 11,777,586
Bai Pat. Pub. 2023/0032365
Yang Pat. Pub. 2021/0013950
Zhang Pat. Pub. 2019/0173740
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BLAKE J RUBIN whose telephone number is (571)270-3802. The examiner can normally be reached on Monday - Friday, 9am - 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ario Etienne can be reached on 571-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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2/3/26
/BLAKE J RUBIN/Primary Examiner, Art Unit 2457