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 .
Response to Arguments/Amendment
Applicant's arguments filed 4/30/26 have been fully considered but they are not persuasive.
For claim 1, Applicant argues:
A) the communication apparatus, to configure a reference signal resource for radio link monitoring, the configuration includes two information elements, with one indicating the resource for the reference signal and the other indicating the purpose of the reference signal. The resource could be set to one of (1) beam failure, (2) RLF, and (3) both beam failure and the RLF. …, the purpose is set to only the RLF in a case where the beam failure detection configuration for configuring two or more beam failure detection resource sets is configured (p8, the last para extending to p9). The cited references fail to teach or suggest these recited features because “Sun merely describes the operations of the terminal performing Radio Link Monitoring (RLM) and Beam Failure Detection (BFD). Sun, paras. [0024], [0161], and [0064], and Fig. 7.” (p9, 3rd para from the bottom), which “make no mention of any parameter that indicates the purpose of the reference signal in the RRC message (p9, 2nd para from the bottom), Furthermore, paragraph [0161] of Sun merely describes an operation when a network device configures a "candidate recovery beam set" for a terminal device. The paragraph fails, however, to teach or suggest any configuration of Reference Signals” (p9, last para).
B) Sun fails to teach or suggest setting the purpose of the RLM configuration to only the RLF when the BFD configuration is configured … Sun fails to teach or suggest setting the purpose of the RLM
configuration to only the RLF when the BFD configuration is configured that includes information indicating a reference signal resource for the radio link monitoring and information indicating a purpose of the reference signal resource, wherein the purpose is one of beam failure, radio link failure (RLF), and both of beam failure and RLF, and wherein the purpose is set to only the RLF in a case where the beam failure detection configuration for configuring two or more beam failure detection resource sets is configured, as recited by claim 1.
In response, Examiner respectfully disagrees:
A) Claim 1 recites “configured to receive, from the base station, a radio resource control (RRC) message including a radio link monitoring configuration for configuring radio link monitoring and a beam failure detection configuration for configuring two or more beam failure detection resource sets”, which is different from the “the resource for the reference signal” and “the purpose of the reference signal” (though RS and purpose of RS are included in radio link monitoring and beam failure monitoring). Sun clearly teaches configurations for both radio link monitoring and beam failure detection in RRC layer by FIGs. 1-8 and the associated text, such as “[0064] … a beam failure and/or a radio link failure can be monitored in a timely and accurate manner, …”); and FIGs. 4-6 also teach resources and purposes for the reference signals for beam failure (BFD-RS), beam failure recovery (BFR-RS) and radio link monitoring, and RLM-RS. Therefore, Applicant’s argument is not persuasive.
B) Sun in FIGs. 4-6 in view of [0135]-[0139] shows different options of combinations of BFD-RS, RLM-RS and BFR-RS for different failure detections. Setting the purpose of the RLM configuration to only the RLF when the BFD configuration is configured is a design choice according to MPEP 2143(F).
Claim Rejections - 35 USC § 103
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.
Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 20220116876 A1) in view of D1 (R1-2105781, NPL cited in IDS dated 12/26/23, 12 pages).
For claim 1, Sun discloses a communication apparatus ([0003], UE) that communicates with a base station that includes two or more transmission/reception points (FIGs. 4-6 shows that a base station with N>2 TRPs/beams), the communication apparatus comprising:
a communicator configured to receive, from the base station, a radio resource control (RRC) message including a radio link monitoring configuration for configuring radio link monitoring and a beam failure detection configuration for configuring two or more beam failure detection resource sets (FIGs. 1-8 and the associated text, such as FIGs, 4-6, each shows two or more beam failure detection resource sets of combinations of BFD-RS, BFR-RS and RLM-RS and the purposes of them, and “[0024] a monitoring module, configured to monitor signal quality corresponding to a physical layer or a radio resource control RRC layer of the terminal device”, “[0064] … a beam failure and/or a radio link failure can be monitored in a timely and accurate manner, …” “[0135] Further, each target reference signal of the M target reference signals may include one of the following: [0136] a BFD-RS and a beam failure recovery reference signal BFR-RS; [0137] the BFD-RS, the BFR-RS, and an RLM-RS; or [0138] another reference signal that is quasi co-located with the BFD-RS, the RLM-RS, or the BFR-RS. [0139] Optionally, as shown FIG. 5, each target reference signal includes the BFD-RS and the BFR-RS; as shown in FIG. 6, each target reference signal includes the BFD-RS, the BFR-RS, and the RLM-RS.“); and
a controller configured to ([0369] “It may be understood that the embodiments described in the embodiments of this application may be implemented by hardware, software, firmware, middleware, microcode, or a combination thereof. For implementation with hardware, the processing unit may be implemented in ... a controller, a microcontroller, …”):
perform the radio link monitoring based on the radio link monitoring configuration (FIGs. 1-8 and the associated text, such as FIG. 7, S201-S203, and “[0024] a monitoring module, configured to monitor signal quality corresponding to a physical layer or a radio resource control RRC layer of the terminal device”, “[0160] … the universe of radio link monitoring reference signals includes a BFR-RS, a BFD-RS, and an RLM-RS, …” and “[0007] … link management operation includes at least one of a beam failure detection operation and a radio link failure detection operation”); and
detect beam failure for the two or more beam failure detection resource sets based on the beam failure detection configuration (FIGs. 1-8 and the associated text, such as FIGs, 4-6, each shows two or more beam failure detection resource sets and “[0064 … the beam failure and/or the radio link failure can be monitored in a timely and accurate manner, this helps the terminal device make related preparations for beam recovery or radio link re-establishment in advance, …” and “[0024] a monitoring module, configured to monitor signal quality corresponding to a physical layer or a radio resource control RRC layer of the terminal device”; note that monitoring suggests detection);
wherein
the radio link monitoring configuration includes information indicating a reference signal resource for the radio link monitoring and information indicating a purpose of the reference signal resource, beam failure, radio link failure (RLF), and both of these are defined for the purpose (FIGs. 1-8 and the associated text, such as FIGs, 4-6, each shows two or more beam failure detection resource sets of combinations of BFD-RS, BFR-RS and RLM-RS and the purposes of them FIG. 4, S402-S408, and “[0064] … a beam failure and/or a radio link failure can be monitored in a timely and accurate manner, and power consumption of the terminal device can be reduced. Further, because the beam failure and/or the radio link failure can be monitored in a timely and accurate manner, this helps the terminal device make related preparations for beam recovery or radio link re-establishment in advance …” and “[0047] FIG. 4 is a schematic diagram of a first configuration of M target reference signals according to an embodiment of this application”; note that the purpose is interpreted according to the specification, such as [0012]), and
the purpose is one of the beam failure, radio link failure (RLF), and both of beam failure and both of beam failure and RLF (FIG. 4 shows resource/purpose for BFD-RS, RLM-RS or both of them, “[0064] … a beam failure and/or a radio link failure can be monitored in a timely and accurate manner, and power consumption of the terminal device can be reduced. Further, because the beam failure and/or the radio link failure can be monitored in a timely and accurate manner, this helps the terminal device make related preparations for beam recovery or radio link re-establishment in advance …” and “[0047] FIG. 4 is a schematic diagram of a first configuration of M target reference signals according to an embodiment of this application” and ; note that only the RLF is set as the purpose is one of options disclosed), and
the purpose is set to only the RLF in case where the beam failure detection configuration for two or more beam failure detection resource sets is configured (FIGs. 1-8 and the associated text, such as FIGs. 4-6 shows resource/purpose for BFD-RS, RLM-RS or both of them in view “[0135] Further, each target reference signal of the M target reference signals may include one of the following: … [0137] the BFD-RS, the BFR-RS, and an RLM-RS; … [0139] Optionally, as shown FIG. 5, each target reference signal includes the BFD-RS and the BFR-RS; as shown in FIG. 6, each target reference signal includes the BFD-RS, the BFR-RS, and the RLM-RS”; note that set purpose to RLF when RLF-RS is presented is a design choice according to MPEP 2143(F)).
Sun does not explicitly state but D1, in the same field of endeavor of wireless communication specified by 3GPP, discloses individually detect beam failure for each of the two or more beam failure detection resource sets based on the beam failure detection configuration (p6, 2nd Agreement, 1st para “for a UE configured … when beam failure is detected in a one or more CCs in one or more of BFD-RS sets configured in one or more of CCs”). OOSA would have been motivated to apply the teaching of D1 above to each of the N beams by Sun to yield a predictable result of failure detection.
Therefore, it would have been obvious to OOSA to combine Sun with D1 for the benefit of failure detection ([0064] of Sun).
Independent claim 6 is rejected because it is a claim of the corresponding base station communicating with the communication apparatus of claim 1 and has the same subject matter.
Independent claim 10 is rejected because it is a claim of a method that is performed by the communication apparatus of claim 1 and has the same subject matter.
As to claims 2, 7 and 11, Sun in view of D1 discloses claims 1, 6 and 10, Sun further discloses: where the controller is configured to detect the RLF based on the radio link monitoring configuration in the case where the beam failure detection configuration for two or more beam failure detection resource sets is configured (FIGs. 1-8 and the associated text, such as FIGs, 4-6 in view of the parent claims).
As to claims 3 and 12, Sun in view of D1 discloses claims 1 and 10, Sun further discloses: wherein
the purpose is not set to the beam failure and is set to the RLF in the case where the beam failure detection configuration for two or more beam failure detection resource sets is configured (FIGs. 1-8 and the associated text, in view of design choice as specified in MPEP 2143(F)).
As to claims 4, 8 and 13, Sun in view of D1 discloses claims 1, 6 and 10, Sun further discloses: wherein the RRC message includes BWP-DownlinkDedicated which is an information element used for configuring communication apparatus specific parameters of a downlink bandwidth part (FIGs. 1-9 and the associated text, such as FIG. 9, BWP-DownlinkDedicated in view of “[0099] As illustrated in FIG. 9, the RRC message according to one embodiment includes a downlink BWP configuration (BWP-DownlinkDedicated) 500 for configuring the downlink BWP (specifically, a UE-specific downlink BWP) for the UE 100. …”), and
the BWP-DownlinkDedicated includes the radio link monitoring configuration and the beam failure detection configuration (FIGs. 1-9 and the associated text, such as “[0099] As illustrated in FIG. 9, the RRC message according to one embodiment includes a downlink BWP configuration (BWP-DownlinkDedicated) 500 for configuring the downlink BWP (specifically, a UE-specific downlink BWP) for the UE 100. … The signal quality result monitored on the BWP can be converted into a BLER for physical downlink control channel (PDCCH) receiving on a full bandwidth …” in view of the parent claims).
As to claims 5, 9 and 14, Sun in view of D1 discloses claims 1, 6 and 10, Sun further discloses: wherein each of the two or more beam failure detection resource sets includes a list for adding and/or modifying one or more reference signal resources (FIGs. 1-8 and the associated text, such as “[0161] … If the BFR-RS exists, a beam meeting the beam recovery condition may be determined based on the BFR-RS, a reference signal that is quasi co-located with the BFR-RS, or a DMRS in a CORESET corresponding to a target TCI state. The target TCI state is a TCI state, corresponding to the BFR-RS, of the M TCI states. For each TCI state with a same CORESET configuration, the CORESET is consistent with a CORESET in a recovery SS configured in a BFR configuration. An SS configuration of each TCI state other than a TCI state consistent with a PDCCH in the On duration reuses a beam recovery SS configured in the BFR configuration.”in view of the parent claims).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 7-9 and 10-11 of copending Application No 18396339 (hereinafter A18396339) in view of Sun (US 20220116876 A1).
This is a provisional nonstatutory double patenting rejection.
For claim 1, A18396339 discloses a communication apparatus that communicates with a base station that manages a cell including includes two or more transmission/reception points (claim 1, “A communication apparatus that communicates with a base station that manages a cell including N (N >= 2) transmission/reception points”), the communication apparatus comprising (claim 1, “the communication apparatus comprising”):
a communicator configured to receive, from the base station, a radio resource control (RRC) message including a radio link monitoring configuration for configuring radio link monitoring and a beam failure detection configuration for configuring two or more beam failure detection resource sets (claim 1, “a communicator configured to receive, from the base station, a radio resource control (RRC) message including information for configuring N beam failure detection resource sets … the RRC message includes BWP-DownlinkDedicated … the BWP-SownlinkDedicated includes information for configuring a reference signal resource for cell level radio link monitoring and the information for configuring the N beam failure detection resource sets”); and
a controller configured to (claim 1 “the controller is configured to”):
perform the radio link monitoring based on the radio link monitoring configuration (claim 1, “configuring a reference signal resource for cell level radio link monitoring”); and
individually detect beam failure for each of the two or more beam failure detection resource sets based on the beam failure detection configuration (claim 1, “configuring the N beam failure detection resource sets”);
wherein
the radio link monitoring configuration includes information indicating a reference signal resource for the radio link monitoring and information indicating a purpose of the reference signal resource (claim 1, “… configuring a reference signal resource for cell level radio link monitoring”),
the purpose is one of beam failure, radio link failure (RLF), and both beam failure and RLF (claim 1, “configuring a reference signal resource for cell level radio link monitoring and the information for configuring the N beam failure detection resource sets”).
A18396339 is silent but Sun, in the same field of endeavor of wireless communication, discloses:
the purpose is set to only the RLF in a case where the beam failure detection configuration for configuring the two for more beam failure detection resource sets is configured (FIGs. 1-8 and the associated text, such as FIGs. 4-6 shows resource/purpose for BFD-RS, RLM-RS or both of them in view “[0135] Further, each target reference signal of the M target reference signals may include one of the following: … [0137] the BFD-RS, the BFR-RS, and an RLM-RS; … [0139] Optionally, as shown FIG. 5, each target reference signal includes the BFD-RS and the BFR-RS; as shown in FIG. 6, each target reference signal includes the BFD-RS, the BFR-RS, and the RLM-RS”; note that set purpose to RLF when RLF-RS is presented is a design choice according to MPEP 2143(F)).
Therefore, it would have been obvious to OOSA to combine A18396339 and Sun for the benefit of failure detection ([0064] of Sun).
Independent claim 6 is rejected because it is a claim of the corresponding base station communicating with the communication apparatus of claim 1 and has the same subject matter.
Independent claim 10 is rejected because it is a claim of a method that is performed by the communication apparatus of claim 1 and has the same subject matter.
Dependent claims are rejected in a similar fashion.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIANYE WU whose telephone number is (571)270-1665. The examiner can normally be reached M-TH 8am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Yemane Mesfin can be reached at (571) 272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIANYE WU/Primary Examiner, Art Unit 2462
Prosecution Insights