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 § 102
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 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 16-19, 21-24 and 26-34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GAO et al. (WO 2019/241912, Gao hereafter).
RE claims 16, 21, 26, 28, 30, 32 and 34, Gao discloses a method, apparatus comprising: at least one processor, wherein the at least one processor is coupled to a memory; a chip system, non-transitory computer-readable storage medium and non-transitory computer program product (Paragraphs 95-100), wherein the method/instructions comprises: obtaining configuration information of a reference signal resource set, wherein the configuration information of the reference signal resource set comprises second configuration information of K reference signal resources, the second configuration information of the K reference signal resources is for determining the K reference signal resources, and K is a positive integer (Paragraphs 33-36 and 39-40, and Fig. 2 discloses the UE receives configuration of a CSI-RS resource set comprising a plurality of CSI-RS resources. Thus a CSI-RS set with K CSI-RS resources), wherein: slots in which at least two of the K reference signal resources are located are different slots, or there is an uplink symbol in a first interval of at least two of the K reference signal resources (Paragraph 44 discloses the CSI-RS resources are located in consecutive slots); and determining N reference signal resources comprised in a channel measurement resource pair, wherein the N reference signal resources are in the K reference signal resources, and N is a positive integer less than or equal to K and greater than 1 (Paragraphs 41 and 43-44 discloses where the CSI-RS resources are divided in CMR pair groups and the UE selects 1 to N pairs for measurement and reporting, N depending on the number of TRPs).
RE claims 17, 22, 27, 29, 31 and 33, Gao discloses the method according to claim 16, apparatuses according to claims 21, 26 and 28, chip system according to claim 30, and non-transitory computer-readable storage medium according to claim 32 as set forth above.
Note that Gao further discloses wherein the determining the N reference signal resources comprised in the channel measurement resource pair comprises: receiving first signaling, wherein the first signaling indicates the N reference signal resources; or determining the N reference signal resources from the K reference signal resources according to a preset rule (Paragraphs 41 and 43-44 discloses using a predetermined rule to determine the N CSI-RS resources).
RE claims 18 and 23, Gao discloses the method according to claim 16, apparatus according to claim 21 as set forth above. Note that Gao further discloses receiving a reference signal on the N reference signal resources (Paragraphs 39-41, terminal receives reference signals and performs CSI measurement based on the CSI-RS resource configuration); or reporting a channel state information (CSI) report associated with the N reference signal resources (Paragraph 58, CSI measurement report) .
RE claims 19 and 24, Gao discloses the method according to claim 18, apparatus according to claim 23 as set forth above. Note that Gao further discloses wherein: the N reference signal resources are in Q slots, wherein Q is a positive integer less than or equal to N, the Q slots are consecutive slots (Paragraph 44 discloses the CSI-RS resources are located in consecutive slots).
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.
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.
Claims 20 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Gao in view of Bae et al. (2020/0280357, Bae hereafter).
RE claims 20 and 25, Gao discloses the method according to claim 16, apparatus according to claim 21 as set forth above. Gao does not explicitly disclose wherein: a reference signal is not received on at least one of the N reference signal resources; a CSI report associated with the N reference signal resources is not reported; or a CSI report that is not updated is reported.
However, Bae teaches wherein: a reference signal is not received on at least one of the N reference signal resources; a CSI report associated with the N reference signal resources is not reported; or a CSI report that is not updated is reported (Paragraph 461 teaches that in a situation in which “the UL resource for CSI reporting is valid but the reference signal linked thereto is invalid”, and thus not received and measured, “the UE may be configured to re-transmit the CSI report previously transmitted or not to transmit the CSI report.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the method and apparatus of Gao with the teachings of Bae since such a modification would have involved the mere application of a known technique to a piece of prior art ready for improvement.
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Conclusion
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/James P Duffy/ Primary Examiner, Art Unit 2461