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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/16/2026 has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 1/28/2026 and 3/11/2026 were filed in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Response to Amendment
The amendment filed 1/16/2026 has been accepted and entered. Accordingly, claims 1 and 11 have been amended.
Claims 1, 3-11, and 13-20 are pending in this application.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11 on Pgs. 6-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 11 is objected to because of the following informalities: Line 6 recites “SN-CU”, whereas the other instances of this limitation are recited as “SN CU” (without the dash). Appropriate correction is required in order for the language of the claim to be consistent.
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.
Claims 1, 3, 5, 9-11, 13, 15, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kowalski et al. (US 2023/0239768 A1), hereinafter referred to as Kowalski, in view of Fujishiro et al. (US 2022/0159485 A1), hereinafter referred to as Fujishiro.
Claims 1, 3, 5, and 9-10 recite similar features to device claims 11, 13, 15, and 19-20. Therefore, the device claims teach the method. As such, for claims 1, 3, 5, and 9-10, the rejections are directed towards the same reasons which are stated in claims 11, 13, 15, and 19-20.
Re. Claim 11, Kowalski teaches:
A Smart Node (SN) (Fig. 5 SMART REPEATER NODE 28) including a processor (Fig. 5 (50) & ¶0075 The repeater node processor(s) 50 may serve, e.g., in conjunction with aspect 2-5, to include a customized control signal in the frame of information received from the parent node)
and comprising: a SN Communication Unit (SN CU) configured to receive and decode side control information from a Base Station (BS), (Fig. 2 aspects 2-1 thru 2-7 & Fig. 5 (50) & ¶0010 A smart repeater is an enhancement over conventional RF repeaters with the capability to receive and process side control information from the network. & ¶0075 The repeater node processor(s) 50 may serve, e.g., in conjunction with aspect 2-5, to include a customized control signal in the frame of information received from the parent node & ¶0060 As used herein, “customized control signal” and “repeater customized control signal” may refer to one or more control signals, such as side control signals, which are customized by or for the repeater node 28. & ¶0074 FIG. 3 further illustrates that repeater node 28 may comprise repeater node processor(s) 50; repeater node transceiver circuitry 52 which serves as an interface to parent node 22 and communication over wireless backhaul link 32 [i.e. the transceiver 52 and processor 50 of the smart node repeater of Fig. 5 serve as the functional equivalent to a communication unit of a smart node, such as serving as a means to communicate with the base station over a backhaul link]; & ¶0078 For simplicity the details of the parent node transceiver 44, repeater node transceiver circuitry 52, repeater node transceiver circuitry 54, and wireless terminal transceiver circuitry 62 may not be fully illustrated in FIG. 4 and FIG. 5 but are understood from the description of FIG. 3.)
a SN Forwarding Unit (SN FU) configured to carry out amplify-and-forward operation using the side control information received by the SN CU, (Fig. 2 (smart repeater node): aspects 2-1 thru 2-7 & Fig. 5 SMART REPEATER NODE 28, Transceiver 52,54 & ¶0009 Concerning smart repeaters, the 3GPP Study Item Description draft document RP-212703 explains: [0010] A smart repeater is an enhancement over conventional RF repeaters with the capability to receive and process side control information from the network. Side control information could allow a smart repeater to perform its amplify-and-forward operation in a more efficient manner. & ¶0074 The repeater node transceiver circuitry 52 and repeater node transceiver circuitry 54 may be separate circuits which are dedicated to communication over the wireless backhaul link 32 and wireless access link 34, respectively, or may be same circuits which serve for transmitting and receiving [i.e. repeater node circuitry interpreted as an SN FU, as in the functional equivalent to a forwarding unit of a smart node] over both wireless backhaul link 32 and wireless access link 34 but in accordance with the timing and radio resources allocations of the respective links.)
Yet, Kowalski does not explicitly teach: wherein the SN-CU is configured to determine an occurrence of a Radio Link Failure (RLF) state or a beam failure recovery (BFR) state; wherein, in response to the SN CU determining the RLF or BFR state, the processor is configured to set a status of the SN FU to an off status, wherein the off status indicates the SN FU to turn off a forwarding functionality; wherein the SN CU remains operational to perform a RLF or BFR procedure.
However, in the analogous art, Fujishiro teaches such limitations:
wherein the SN-CU is configured to determine an occurrence of a Radio Link Failure (RLF) state (¶0068 An RLF state such as “backhaul RLF (hereinafter referred to as BH RLF) has been detected” & ¶0105-¶0108 As illustrated in FIG. 7, in Step S101, the user equipment functional processor (MT) of the IAB node 300 detects a radio problem. [i.e. MT (mobile terminal) of the IAB equivalent to SN CU (communication unit)] In Step S102, the user equipment functional processor (MT) of the IAB node 300 detects a BH RLF (RLF declaration). [i.e. user equipment functional processor MT (SN CU) detects (determines) a backhaul RLF declaration (occurrence of a RLF)]) *examiner notes that only one limitation has been examined due to the presence of alternative limitations.
wherein, in response to the SN CU determining the RLF or BFR state, the processor is configured to set a status of the SN FU to an off status, (¶0068 An RLF state such as “backhaul RLF (hereinafter referred to as BH RLF) has been detected” & ¶0105-¶0108 As illustrated in FIG. 7, in Step S101, the user equipment functional processor (MT) of the IAB node 300 detects a radio problem. [i.e. MT (mobile terminal) of the IAB equivalent to SN CU (communication unit)] In Step S102, the user equipment functional processor (MT) of the IAB node 300 detects a BH RLF (RLF declaration). [i.e. user equipment functional processor MT (SN CU) detects (determines) the backhaul RLF] In Step S103, the user equipment functional processor (MT) of the IAB node 300 notifies state information indicating occurrence of the BH RLF, to the base station functional processor (DU) of the IAB node 300. In Step S104, the base station functional processor (DU) of the IAB node 300 starts periodic transmission of the BH RLF Notification, in response to the notification from the user equipment functional processor (MT). & ¶0113 In Step S108, the base station functional processor (DU) of the IAB node 300 stops service provision for the lower apparatus B, in response to the notification from the user equipment functional processor (MT) (Service stopped). [i.e. DU of the IAB equivalent to SN FU, determines service is stopped (status of the SN FU is off)]) *examiner notes that only one limitation has been examined due to the presence of alternative limitations.
wherein the off status indicates the SN FU to turn off a forwarding functionality. (¶0112 In Step S108, the base station functional processor (DU) of the IAB node 300 [i.e. SN FU] stops service provision for the lower apparatus B, in response to the notification from the user equipment functional processor (MT) (Service stopped). [i.e. service provision by IAB-DU (SN FU) being stopped equivalent to turning off a forwarding functionality])
wherein the SN CU remains operational to perform a RLF (¶0105-¶0108 As illustrated in FIG. 7, in Step S101, the user equipment functional processor (MT) of the IAB node 300 detects a radio problem. In Step S102, the user equipment functional processor (MT) of the IAB node 300 detects a BH RLF (RLF declaration). In Step S103, the user equipment functional processor (MT) of the IAB node 300 notifies state information indicating occurrence of the BH RLF, to the base station functional processor (DU) of the IAB node 300. In Step S104, the base station functional processor (DU) of the IAB node 300 starts periodic transmission of the BH RLF Notification, in response to the notification from the user equipment functional processor (MT) & ¶0133 under the assumption that the IAB node 300 transmits a notification (RLF Recovered) indicating recovery from the BH RLF to the lower apparatus B, the lower apparatus B determines that the IAB node 300 has recovered from the BH RLF in response to receiving RLF Recovered, and resumes the uplink transmission. & ¶0134 under the assumption that the IAB node 300 periodically (continuously) transmits the BH RLF Notification to the lower apparatus B during the BH RLF ongoing, in response to stopping of transmission of the BH RLF Notification, the lower apparatus B determines that the IAB node 300 has recovered from the BH RLF, and resumes the uplink transmission. [i.e. here the IAB node remains operational during the ongoing RLF and is able to recover from the RLF (as shown by the device continuously transmitting BH RLF notifications), the procedure to recover from radio link failure is inherent due to the notification of RLF Recovered. The indication of the recovery is done either by transmitting an explicit notification or by simply stopping sending of the periodic BH RLF notifications.]) *Examiner notes that only one limitation has been examined due to the presence of alternative limitations.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kowalski’s invention of a Network-controlled repeater device to include Fujishiro’s teaching of determining the status of the SN FU is off indicating to turn off a forwarding functionality of the device in response to the communication unit being in RLF, because it would enable the device to save on power consumption by suppressing unnecessary communication. (see Fujishiro ¶0116)
Re. Claim 13, Kowalski combined with Fujishiro teaches claim 11.
Fujishiro further teaches:
wherein the off status indicates the SN FU to disable both transmitting and receiving operation. (¶0113 In Step S108, the base station functional processor (DU) of the IAB node 300 stops service provision for the lower apparatus B, in response to the notification from the user equipment functional processor (MT) (Service stopped). [i.e. DU of the IAB equivalent to SN FU, stops service provision (status of the SN FU is off), where service provision broadly represents both transmitting and receiving operations])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kowalski’s invention of a Network-controlled repeater device to include Fujishiro’s teaching of determining the status of the SN FU is off indicating to turn off a forwarding functionality of the device in response to the communication unit being in RLF, because it would enable the device to save on power consumption by suppressing unnecessary communication. (see Fujishiro ¶0116)
Re. Claim 15, Kowalski combined with Fujishiro teaches claim 11.
Kowalski further teaches:
wherein the SN is a network-controlled repeater. (Fig. 2 Smart Repeater Node & ¶0008 As used herein, the term “smart repeater” will be used interchangeably with “Network Controlled Repeater” or “NCR)
Re. Claim 19, Kowalski combined with Fujishiro teaches claim 11.
Kowalski further teaches:
wherein the SN FU is a Radio Unit (RU) or a Re-configurable Intelligent Surface (RIS). (Repeater node transceiver circuit 54 may comprise repeater node wireless access link transmitter circuitry 55′, also known as repeater node wireless access link transmitter [i.e. a Radio Unit], and repeater node wireless access link receiver circuitry 56′, also known as repeater node wireless access link receiver 56′.)
Re. Claim 20, Kowalski combined with Fujishiro discloses claim 11.
Kowalski further teaches:
wherein the SN CU is a Mobile Terminal (MT), part of a User Equipment (UE) or a third-party Internet of Things (IoT) device. (¶0117 In accordance with an aspect of the technology described herein, a network-controlled relay would look to a parent node 22 like a user equipment, UE, and would identify itself as a UE [i.e. a mobile terminal] via capability information.)
Claims 4, 6-8, 14, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kowalski combined with Fujishiro, further in view of McMenamy et al. (US 2024/0187085 A1), hereinafter referred to as McMenamy.
Claims 4 and 6-8 recite similar features to device claims 14 and 16-18. Therefore, for claims 4 and 6-8, the rejections are directed towards the same reasons which are stated in claims 14 and 16-18.
Re. Claim 14, Kowalski combined with Fujishiro teaches claim 13.
Yet, the combined references do not explicitly teach: wherein the off status indicates the off status of forwarding links between SN FU and BS and forwarding links between SN FU and UE are off.
However, in the analogous art, McMenamy teaches such a limitation:
wherein the off status indicates that forwarding links between the SN FU and the BS and forwarding links between SN FU and a user equipment (UE) are off. (¶0211 by use of the antenna arrangement 142 and the RF unit 144 the apparatus 140 may obtain information about an on/off mode [i.e. off status indication], e.g., by monitoring a control channel. Such a control channel may be established between one or more entities of the network and apparatus 140, i.e., its MT part for exchange of configuration and control messages including, alternatively or in addition to an on/off configuration a status report or the like. An on/off information or control may be beneficial for network-controlled repeater to control the behaviour of NCR-Fwd, referring to the radio unit, i.e., antennas and the RF unit and configured as forwarding unit or forwarding part of the SR/NCR. Embodiments provide for a detailed mechanism of on/off indication and determination, e.g., to temporarily use or deactivate an NCR [i.e. forwarding links between SN FU and BS, as well as between SN FU and UE are off], e.g., based on a use of measurements. Embodiments relate to an explicit indication or implicit indication of such an on/off information. The ON/OFF information or control may be a part of information transmitted over the control channel or side information.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kowalski and Fujishiro’s invention of a Network-controlled repeater device to include McMenamy’s teaching of an ON/OFF status indication for forwarding link between SN FU and BS or between SN FU and UE, because it would allow its control during beam failure recovery or radio link failure scenarios. (see McMenamy ¶200-¶203 & ¶0211 & ¶0416-¶0417)
Re. Claim 16, Kowalski combined with Fujishiro teaches claim 11.
Yet, the combined references do not explicitly teach: the SN CU further configured to: receive, by the SN, status indication information, wherein the status indication information indicates an on status, the on status corresponds to beam index.
However, in the analogous art, McMenamy teaches such a limitation:
the SN CU (Fig. 5 (50) & ¶0074 FIG. 3 further illustrates that repeater node 28 may comprise repeater node processor(s) 50; repeater node transceiver circuitry 52 which serves as an interface to parent node 22 and communication over wireless backhaul link 32 [i.e. the transceiver 52 and processor 50 of the smart node repeater of Fig. 5 serve as the functional equivalent to a communication unit of a smart node, such as serving as a means to communicate with the base station over a backhaul link];)
further configured to: receive, by the SN, status indication information, wherein the status indication information indicates an on status. (Fig. 5b shown below & ¶103 Based on an ON/OFF signalling or other mechanisms, a SR according to an embodiment, e.g., of Type 1 may be, in view of transmitting a signal using a beam 192 [i.e. multiple beams with separate index], active or ON during some time intervals Δt.sub.ON and inactive or OFF during other time intervals Δt.sub.OFF where possible no beam is generated at least for TX purposes in the relevant frequency range.)
the on status corresponds to beam index (¶0446 Beams targeted for users served by the repeater [i.e. beam index] may be forwarded while one, some or all other beams are not forwarded or maybe muted (at the repeater) [i.e. ON status information corresponding to specific beams], which allows to enhance the overall throughput. & ¶0423 For example, for implementing an access link beam indication, an access link beam can be indicated by: a beam index. Such an index may be supplemented by information indicating a corresponding time domain resource of the beam. Alternatively or in addition, the index may carry said information already)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kowalski and Fujishiro’s invention of a Network-controlled repeater device to include McMenamy’s teaching of an ON/OFF status indication for forwarding link between SN FU and BS or between SN FU and UE, because it would allow its control during beam failure recovery or radio link failure scenarios. (see McMenamy ¶200-¶203 & ¶0211 & ¶0416-¶0417)
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Re. Claim 17, Kowalski combined with Fujishiro and McMenamy teaches claim 16.
McMenamy further teaches:
wherein the status indication information indicates a duration of the on status. (¶0102 FIG. 5b shows a schematic illustration of a behaviour of a SR according to embodiments and in an illustration to be compared with FIG. 5a, the repeater may be OFF during specified time units [i.e. ON duration, knowing the time period in which the repeater is off, implies the duration it is ON as well]—e.g. slots, symbols and the like. & ¶0232 A Type 2A repeater may, based on the reception of a control signal [i.e. status indication information], e.g., via a control channel, [0232] mute transmission of reference signals during specific time-slots/symbols [i.e. ON/OFF duration] on the access link)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kowalski and Fujishiro’s invention of a Network-controlled repeater device to include McMenamy’s teaching of an ON/OFF status indication information including a duration of the status, because it would allow its control during beam failure recovery or radio link failure scenarios. (see McMenamy ¶200-¶203 & ¶0211 & ¶0416-¶0417)
Re. Claim 18, Kowalski combined with Fujishiro and McMenamy teaches claim 16.
McMenamy further teaches:
wherein the on status of the status indication information indicates the SN to amplify and forward received signals. (¶0211 by use of the antenna arrangement 142 and the RF unit 144 the apparatus 140 may obtain information about an on/off mode [i.e. ON status], e.g., by monitoring a control channel. Such a control channel may be established between one or more entities of the network and apparatus 140, i.e., its MT part for exchange of configuration and control messages including, alternatively or in addition to an on/off configuration a status report or the like. An on/off information or control may be beneficial for network-controlled repeater to control the behaviour of NCR-Fwd, referring to the radio unit, i.e., antennas and the RF unit and configured as forwarding unit or forwarding part of the SR/NCR. Embodiments provide for a detailed mechanism of on/off indication and determination, e.g., to temporarily use or deactivate an NCR [i.e. indicate to SN to amplify and forward received signals], e.g., based on a use of measurements. & ¶0213 apparatus 150 may decode a transmit power control command that is, by performing such a signal processing, e.g., on a control channel, the smart repeater may be controlled in view of an amplification to be implemented when forwarding a signal [i.e. SN amplifies and forwards signal], with regard to an output power, e.g., a minimum output power and/or a maximum output power, in view of a band filtering, a spectral, temporal, and/or spatial receive and/or transmit filter, an implemented shaping, a beam forming, or any other specific input/output relationships.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Kowalski and Fujishiro’s invention of a Network-controlled repeater device to include McMenamy’s teaching of an ON/OFF status indication information for amplifying and forwarding signals, because it would allow its control during beam failure recovery or radio link failure scenarios. (see McMenamy ¶200-¶203 & ¶0211 & ¶0416-¶0417)
Conclusion
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/G.A.M./Examiner, Art Unit 2417
/REBECCA E SONG/Supervisory Patent Examiner, Art Unit 2417