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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim 17, the phrases “communication means for" , and “time adjustment applying means for” would invoke 35 U.S.C. 112, sixth paragraph which proper structure from the specification. However, it is unclear from the specification what structure would be sufficient to achieve the function of the claimed processing device . The lack of sufficient structure in the specification renders the claim vague and indefinite.
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.
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Claims 1,6,16,and 17 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1,19, and 20 of copending Application No. 18/414,673 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim(s) 1,19, and of U.S. Copending Application No. 18/414,673 contain(s) every element of claims 1,16, and 17 of the instant application and as such anticipate(s) claim(s) 1,16, and 17of the instant application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Copending Application
Present Application
A base station apparatus, comprising: antenna circuitry configured to, during a communication session, transmit downlink messages to a target communication apparatus and receive uplink messages from the target communication apparatus, wherein the downlink and uplink messages comprise temporal segments; propagation delay determination circuitry configured to determine an indication of a propagation delay in messages sent between the base station apparatus and the target communication apparatus based on a request received from the target communication apparatus requesting to initiate a communication session with the base station apparatus; and time adjustment determination circuitry configured to determine a time adjustment to be communicated to the target communication apparatus in response to the request, wherein the time adjustment is to be applied to uplink messages by the target communication apparatus, and the time adjustment is determined based on the indication of the propagation delay such that when an uplink message to which the time adjustment has been applied is received at the base station apparatus, the boundaries between temporal segments in the received uplink message align with reference boundaries; wherein the time adjustment determination circuitry is arranged to determine the time adjustment such that the reference boundary that a given boundary within the uplink message to which the time adjustment has been applied aligns with is dependent on which of a plurality of defined ranges the indication of the propagation delay falls within.
6. The base station apparatus according to claim 1, wherein the time adjustment determination circuitry is configured to determine a time adjustment that can take either a positive value corresponding to a time advance or a negative value corresponding to a time retard.
19. A method for a base station apparatus, comprising: during a communication session, transmitting downlink messages to a target communication apparatus and receiving uplink messages from the target communication apparatus with antenna circuitry, wherein the downlink and uplink messages comprise temporal segments; determining an indication of a propagation delay in messages sent between the base station apparatus and the target communication apparatus based on a request received from the target communication apparatus requesting to initiate a communication session with the base station apparatus; and determining a time adjustment to be communicated to the target communication apparatus in response to the request, wherein the time adjustment is to be applied to uplink messages by the target communication apparatus, and the time adjustment is determined based on the indication of the propagation delay such that when an uplink message to which the time adjustment has been applied is received at the base station apparatus, the boundaries between temporal segments in the received uplink message align with reference boundaries; wherein the time adjustment is determined such that the reference boundary that a given boundary within the uplink message to which the time adjustment has been applied aligns with is dependent on which of a plurality of defined ranges the indication of the propagation delay falls within.
20. A base station apparatus, comprising: communication means for transmitting, during a communication session, downlink messages to a target communication apparatus and for receiving, during the communication session, uplink messages from the target communication apparatus, wherein the downlink and uplink messages comprise temporal segments; propagation delay determining means for determining an indication of a propagation delay in messages sent between the base station apparatus and the target communication apparatus based on a request received from the target communication apparatus requesting to initiate a communication session with the base station apparatus; and time adjustment determining means for determining a time adjustment to be communicated to the target communication apparatus in response to the request, wherein the time adjustment is to be applied to uplink messages by the target communication apparatus, and the time adjustment is determined based on the indication of the propagation delay such that when an uplink message to which the time adjustment has been applied is received at the base station apparatus, the boundaries between temporal segments in the received uplink message align with reference boundaries; wherein the time adjustment determining means is arranged to determine the time adjustment such that the reference boundary that a given boundary within the uplink message to which the time adjustment has been applied aligns with is dependent on which of a plurality of defined ranges the indication of the propagation delay falls within.
1. A communication apparatus, comprising: antenna circuitry configured to, during a communication session, transmit uplink messages to a base station and receive downlink messages from the base station; time adjustment decoding circuitry to decode a time adjustment from a message received from the base station; and time adjustment application circuitry to apply the time adjustment to the uplink messages; wherein the time adjustment application circuitry is capable of applying both of a positive time adjustment to advance a given uplink message and a negative time adjustment to retard the given uplink message.
16. A communication method, comprising: during a communication session, transmitting uplink messages to a base station and receiving downlink messages from the base station; decoding a time adjustment from a message received from the base station; and applying the time adjustment to the uplink messages; wherein the time adjustment can be both of a positive time adjustment to advance a given uplink message and a negative time adjustment to retard the given uplink message.
17. A communication apparatus, comprising: communication means for transmitting, during a communication session, uplink messages to a base station and for receiving, during the communication session, downlink messages from the base station; time adjustment decoding means for decoding a time adjustment from a message received from the base station; and time adjustment applying means for applying the time adjustment to the uplink messages; wherein the time adjustment applying means is capable of applying both of a positive time adjustment to advance a given uplink message and a negative time adjustment to retard the given uplink message.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosseinian et al. (US Application 2021/0352606, hereinafter Hosseinian) in view of Li et al. (US Application 2022/0007323, hereinafter Li).
Regarding claims 1, 16, 17, Hosseinan discloses a communication apparatus , and method(Figs. 1-13,18), comprising:
means for, antenna circuitry(inherent feature of the UE) configured to, during a communication session, transmit uplink messages to a base station and receive downlink messages from the base station([0064],[0067], [0071],[0076]which recites an antenna capable of sending and receiving data from satellite 102. Gateway 103 may be connected to or associated with a base station or logical radio node, such as a gNodeB (gNB) base station, not shown. Thereby having antenna circuitry configured to, during a communication session, transmit uplink messages to a base station and receive downlink messages from the base station);
means for time adjustment decoding circuitry (inherent feature of the UE) to decode a time adjustment from a message received from the base station([0067],[0072], which recite a full timing advance compensation (having time adjustment decoding circuitry) for a downlink and uplink to a base station, such as a gNB, via gateway 103); and
time adjustment application circuitry to apply the time adjustment to the uplink messages([0067],[0072], which recite a full timing advance compensation (having time adjustment decoding circuitry) for uplink message to a base station, such as a gNB, via gateway 103).
Hosseinan does not explicitly disclose wherein the time adjustment application circuitry is capable of applying both of a positive time adjustment to advance a given uplink message and a negative time adjustment to retard the given uplink message.
However, Li teaches wherein the time adjustment application circuitry means for (inherent feature of the UE) is capable of applying both of a positive time adjustment to advance a given uplink message and a negative time adjustment to retard the given uplink message([0009], [0019], which recites the UE performs the timing-adjustment mechanism to shift the timing of each round of signal transmission using a positive and negative alternating step sequence).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Li with the teaching of Hosseinan by using the above features such as the time adjustment application circuitry is capable of applying both of a positive time adjustment to advance a given uplink message and a negative time adjustment to retard the given uplink message as taught by Li for the purpose of transmission-timing adjustment mechanisms for a Non-Terrestrial Network (NTN) ([0002]).
Regarding claim 2, Hosseinan discloses the communication apparatus according to claim 1, comprising request generating circuitry configured to generate a request to initiate a communication session with the base station; wherein the antenna circuitry is configured to transmit the request to the base station([0067],[0072]).
Regarding claim 3, Hosseinan discloses the communication apparatus according to claim 2, wherein the message received from the base station is a response to the request to initiate the communication session with the base station([0067],[0072]).
Regarding claim 4, Hosseinan discloses the communication apparatus according to claim 1 as addressed above, except comprising time adjustment update circuitry configured to perform an update to the time adjustment applied by the time adjustment application circuitry; wherein the time adjustment update is based on a time adjustment update value encoded in a further message received from the base station.
However, Li teaches time adjustment update circuitry configured to perform an update to the time adjustment applied by the time adjustment application circuitry; wherein the time adjustment update is based on a time adjustment update value encoded in a further message received from the base station ([0009], [0019]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Li with the teaching of Hosseinan by using the above features such as time adjustment update circuitry configured to perform an update to the time adjustment applied by the time adjustment application circuitry; wherein the time adjustment update is based on a time adjustment update value encoded in a further message received from the base station as taught by Li for the purpose of transmission-timing adjustment mechanisms for a Non-Terrestrial Network (NTN) ([0002]).
Regarding claim 5, Hosseinan discloses the communication apparatus according to claim 4 as addressed above, except wherein in response to determining that an updated time adjustment falls outside of a predetermined range of time adjustment values, the time adjustment update circuitry is configured to apply an offset to the updated time adjustment to calculate a time adjustment value falling within the predetermined range.
However, Li teaches wherein in response to determining that an updated time adjustment falls outside of a predetermined range of time adjustment values, the time adjustment update circuitry is configured to apply an offset to the updated time adjustment to calculate a time adjustment value falling within the predetermined range ([0009], [0019]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Li with the teaching of Hosseinan by using the above features such as wherein in response to determining that an updated time adjustment falls outside of a predetermined range of time adjustment values, the time adjustment update circuitry is configured to apply an offset to the updated time adjustment to calculate a time adjustment value falling within the predetermined range as taught by Li for the purpose of transmission-timing adjustment mechanisms for a Non-Terrestrial Network (NTN) ([0002]).
Regarding claim 6, Hosseinan discloses the communication apparatus according to claim 5 as addressed above, except wherein the offset is a value equal to the size of the predetermined range of time adjustment values.
However, Li teaches wherein the offset is a value equal to the size of the predetermined range of time adjustment values ([0009], [0019]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Li with the teaching of Hosseinan by using the above features such as wherein the offset is a value equal to the size of the predetermined range of time adjustment values as taught by Li for the purpose of transmission-timing adjustment mechanisms for a Non-Terrestrial Network (NTN) ([0002]).
Regarding claim 7, Hosseinan discloses the communication apparatus according to claim 5 , except the downlink and uplink messages comprise temporal segments; and the size of the predetermined range of time adjustment values corresponds to the length of one temporal segment.
However, Li teaches wherein the downlink and uplink messages comprise temporal segments; and the size of the predetermined range of time adjustment values corresponds to the length of one temporal segment ([0009], [0019],[0045]-[0046],[0056]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Li with the teaching of Hosseinan by using the above features such as wherein the downlink and uplink messages comprise temporal segments; and the size of the predetermined range of time adjustment values corresponds to the length of one temporal segment as taught by Li for the purpose of transmission-timing adjustment mechanisms for a Non-Terrestrial Network (NTN) ([0002]).
Regarding claim 8, Hosseinan discloses the communication apparatus according to claim 1 , except the time adjustment decoding circuitry is configured to decode the time adjustment by: determining a value from the encoding of the message; when the value is below a threshold, determining the time adjustment to be a positive time adjustment with a magnitude equal to the value; and when the value is above the threshold, determining the time adjustment to be a negative time adjustment with a magnitude based on the difference between the value and the threshold.
However, Li teaches wherein the time adjustment decoding circuitry is configured to decode the time adjustment by: determining a value from the encoding of the message; when the value is below a threshold, determining the time adjustment to be a positive time adjustment with a magnitude equal to the value; and when the value is above the threshold, determining the time adjustment to be a negative time adjustment with a magnitude based on the difference between the value and the threshold ([0009], [0019],[0045]-[0046],[0056]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Li with the teaching of Hosseinan by using the above features such as wherein the downlink and uplink messages comprise temporal segments; and the size of the predetermined range of time adjustment values corresponds to the length of one temporal segment as taught by Li for the purpose of transmission-timing adjustment mechanisms for a Non-Terrestrial Network (NTN) ([0002]).
Regarding claim 9, Hosseinan discloses the communication apparatus according to claim 1 , except wherein the time adjustment decoding circuitry is configured to decode the time adjustment by: determining a magnitude value from a predetermined field of the message; when an additional bit not included in the predetermined field takes a first value, determining the time adjustment to be a positive time adjustment with a magnitude based on the magnitude value; and when the additional bit takes a second value, determining the time adjustment.
However, Li teaches wherein the time adjustment decoding circuitry is configured to decode the time adjustment by: determining a magnitude value from a predetermined field of the message; when an additional bit not included in the predetermined field takes a first value, determining the time adjustment to be a positive time adjustment with a magnitude based on the magnitude value; and when the additional bit takes a second value, determining the time adjustment ([0009],[0017], [0019],[0045]-[0046],[0056]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Li with the teaching of Hosseinan by using the above features such as wherein the time adjustment decoding circuitry is configured to decode the time adjustment by: determining a magnitude value from a predetermined field of the message; when an additional bit not included in the predetermined field takes a first value, determining the time adjustment to be a positive time adjustment with a magnitude based on the magnitude value; and when the additional bit takes a second value, determining the time adjustment as taught by Li for the purpose of transmission-timing adjustment mechanisms for a Non-Terrestrial Network (NTN) ([0002]).
Regarding claim 10, Hosseinan discloses the communication apparatus according to claim 1, wherein the time adjustment decoding circuitry is configured to decode the time adjustment by concatenating bits of a predetermined field of the message and an additional bit, and decoding the time adjustment as a two's complement value encoded in the concatenated bits([01170,[0136]).
Regarding claim 11, Hosseinan discloses the communication apparatus according to claim 9, wherein the message is a Random Access Response message according to the 3GPP Standard, wherein the predetermined field is the Timing Advance Command field and the additional bit is a reserved bit(0003],[0088]).
Regarding claim 12, Hosseinan discloses the communication apparatus according to claim 1, wherein the communication apparatus is configured to be mounted on a moving vehicle(figs. 1,[0061]).
Regarding claim 13, Hosseinan discloses the communication apparatus according to claim 1, wherein the downlink and uplink messages comprise temporal segments; and the time adjustment application circuitry applies the time adjustment to uplink messages as an offset with respect to boundaries between temporal segments in a received downlink message([0067],[0072]).
Regarding claim 14, Hosseinan discloses the communication apparatus according to claim 13, wherein the uplink and downlink messages are split into temporal frames comprising two or more sub-frames, and each temporal segment corresponds to a sub-frame(Figs, 2,3,6,10-11,13).
Regarding claim 15, Hosseinan discloses the communication apparatus according to claim 5 , except wherein boundaries of the predetermined range are determined at the communication apparatus based on one or more messages received from the base station.
However, Li teaches wherein boundaries of the predetermined range are determined at the communication apparatus based on one or more messages received from the base station ([0009], [0019],[0045]-[0046],[0056]).
Therefore, it would have been obvious for one with ordinary skill in the art before the effective filling date of the claimed invention to combine the teaching of Li with the teaching of Hosseinan by using the above features such as wherein boundaries of the predetermined range are determined at the communication apparatus based on one or more messages received from the base station as taught by Li for the purpose of transmission-timing adjustment mechanisms for a Non-Terrestrial Network (NTN) ([0002]).
Conclusion
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/DADY CHERY/Primary Examiner, Art Unit 2418