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 .
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 §§ 706.02(l)(1) - 706.02(l)(3) 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).
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Claims 1-37 are rejected on the ground of nonstatutory obviousness double patenting as being unpatentable over claims 1-36 of US patent 11,903,035 (and claims 1-20 of 11,246,163). Please see the direct claim comparison below.
Instant application, claim 1
US patent 11,903,035, claim 1
A method comprising:
activating, by a wireless device, at least two downlink bandwidth parts (BWPs) of a primary cell;
sending, via an uplink BWP of a secondary cell, a random access preamble for a random access procedure; and
receiving, via one active downlink BWP of the at least two active downlink BWPs, a random access response corresponding to the random access preamble, wherein the one active downlink BWP is based on at least one characteristic associated with the at least two active downlink BWPs.
A method comprising:
activating, by a wireless device, at least two downlink bandwidth parts (BWPs) of a primary cell;
sending, via an uplink BWP of a secondary cell, a random access preamble for a random access procedure;
determining, based on at least one characteristic associated with the at least two active downlink BWPs of the primary cell, which active downlink BWP, of the at least two active downlink BWPs, to use for reception of a random access response for the random access procedure; and
receiving, via the determined active downlink BWP, the random access response.
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 1-37 are rejected under 35 U.S.C. 103 as being unpatentable over
Ahn (US 20140198746) in view of Shin ( US20190208548).
Regarding claim 19 (similarly, 1, 10, 28), Ahn discloses a system, method, device, and computer readable medium comprising:
a wireless device comprising one or more processors and memory storing instructions; and a base station (fig. 7, 8, UE, BS, memory and processors);
wherein the wireless device is configured to:
activate at least two downlink bandwidth parts (BWPs) of a primary cell (fig. 7, step 710, [0094], the multi-cell configuration information may be transmitted through a primary cell. Here, receiving information from the base station via the primary cell implies that the device activated downlink BWP before receiving the information from the base station); and
send, via an uplink BWP of a secondary cell, a random access preamble for a random access procedure (fig. 7,[0098], the terminal transmits a random access preamble (M1) in the secondary cell); and
wherein the base station is configured to: send (and receive at wireless device), to the wireless device and via one active downlink BWP of the at least two active downlink BWPs, a random access response corresponding to the random access preamble ([0099][0101], the base station transmits a random access response (M2) to the terminal (S750). M2 may be transmitted only in the primary cell via the downlink BWP).
Even though Ahn disclose receiving information from the base station implies that the downlink BWP must be activated, Ahn does not explicitly disclose activate at least two downlink bandwidth parts (BWPs) of a primary cell;
wherein the one active downlink BWP is based on at least one characteristic associated with the at least two active downlink BWPs.
Shih discloses activate at least two downlink bandwidth parts (BWPs) of a primary cell (Shih, fig. 8, [0375][0422], there are multiple active DL BWPs in the Serving Cell for the UE. Here, the active DL BWPs must have been activated earlier, serving cell can be a primary cell);
wherein the one active downlink BWP is based on at least one characteristic associated with the at least two active downlink BWPs (Shih, fig. 8, [0422][0429], the UE selects a DL BWP from the multiple active DL BWPs for Msg2 reception based on a rule; the active DL BWP mapped to a UL BWP transmitting the Msg1 (which may depend on the DL carrier information), one characters associated with the DL BWPs).
It would have been obvious to a person of ordinary skill in the art before the time of effective filing to modify the teachings of selecting the BWPs in multiple cells given by Ahn with the teaching of activating BWPs as given by Shih. The motivation for doing so would have been to reduce implementation complexity by allowing UE to use random access procedure by selecting BWPs in different class (Shih, [0005], Ahn, [0009]).
Regarding claim 2 (similarly, 11, 20, 29), Ahn and Shih disclose the method of claim 1, further comprising receiving a physical downlink control channel (PDCCH) order, for initiating the random access procedure, that indicates information on which characteristic, of the at least one characteristic, to base the determining which active downlink BWP to use for reception of the random access response (Shih, [0392], for RA procedure triggered by PDCCH order, the UE may be indicated by the PDCCH order to use or monitor certain DL BWP to receive the Msg2. The indication could be a BWP index field or one characteristic in the PDCCH order. The indication could be (implicitly) based on other field(s) in the PDCCH order).
Regarding claim 3 (similarly, 12, 21, 30), Ahn and Shih disclose the method of claim 1, wherein the random access procedure is for the secondary cell (Shih, [0196][0333], the random access procedure is on a secondary cell; Ahn, [0012][0113]). The motivation of the combination is same as in claim 1.
Regarding claim 4 (similarly, 13, 22, 32), Ahn and Shih disclose the method of claim 1, further comprising: activating the uplink BWP of one or more uplink BWPs of the secondary cell; and activating a second uplink BWP of the one or more uplink BWPs of the secondary cell (Shih, [0132][0417], Ahn, [0010]). The motivation of the combination is same as in claim 1.
Regarding claim 5 (similarly, 14, 23, 33), Ahn and Shih disclose the method of claim 5, further comprising:
determining which uplink BWP, of the uplink BWP and the second uplink BWP, to use for the random access procedure, wherein the sending the random access preamble comprises sending the random access preamble via the determined uplink BWP (Shih, [0108], abstract, UE selecting a UL BWP from the multiple active UL BWPs for an Msgl or preamble transmission, based on a first rule. The method also includes the UE transmitting the Msgl on the selected UL BWP. Ahn, [0012][0113]). The motivation of the combination is same as in claim 1.
Regarding claim 6 (similarly, 15, 24,34), Ahn and Shih disclose the method of claim 1, wherein the at least one characteristic associated with the at least two active downlink BWPs comprises at least one of:
a lowest or highest downlink BWP-specific index relative to each downlink BWP-specific index associated with the at least two active downlink BWPs (Shih, [0385], Ahn, [0012][0113]); or
a lowest or highest BWP-specific numerology relative to each BWP-specific numerology
associated with the at least two active downlink BWPs (Shih, [0373][0381]). The motivation of the combination is same as in claim 1.
Regarding claim 7 (similarly, 16, 25, 35), Ahn and Shih disclose the method of claim 1, further comprising: monitoring the one active downlink BWP for the random access response (Shih, fig.8, Ahn, [0012][0113]). The motivation of the combination is same as in claim 1.
Regarding claim 8 (similarly, 17, 26, 36), Ahn and Shih disclose the method of claim 1, further comprising:
determining, based on the at least one characteristic associated with the at least two active
downlink BWPs, the one active downlink BWP of the at least two active downlink BWPs (Shih, fig. 8, [0422][0429], the UE selects a DL BWP from the multiple active DL BWPs for Msg2 reception based on a rule; the active DL BWP mapped to a UL BWP transmitting the Msg1 (which may depend on the DL carrier information), one characters associated with the DL BWPs).
Regarding claim 9 (similarly, 18, 27, 37), Ahn and Shih disclose the method of claim 1, wherein the determining which active downlink BWP to use for reception of the random access response comprises determining that the determined active downlink BWP is a primary BWP of the primary cell (Shih, [0375][0417-418], the default DL BWP is for a primary cell. Ahn, [0012]). The motivation of the combination is same as in claim 1.
Regarding claim 31, Ahn and Shih disclose the non-transitory computer-readable medium of claim 28, wherein the instructions, when executed, configure the wireless device to:
receive one or more configuration parameters indicating a plurality of downlink bandwidth parts (BWPs) of the primary cell and one or more uplink BWPs of the secondary cell. (Shih, [0374], DL BWP configurations can be transmitted in RRC to UE; Ahn, [0012][0113]). The motivation of the combination is same as in claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHENSHENG ZHANG whose telephone number is (571)270-1985. The examiner can normally be reached Monday-Thursday 8:00am-6:00pm.
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/ZHENSHENG ZHANG/Primary Examiner, Art Unit 2474