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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 16, 2026 has been entered.
Response to Arguments
Applicant's arguments filed March 16, 2026 have been fully considered but they are not persuasive.
Applicants submit that the index of the BFD-RS set disclosed in Yang, paragraph [0096] is different and distinct from the reference signal list recited in Claim 1 because the index of the BFD-RS set and the reference signal list are different concepts, and the index of the BFD-RS set cannot be equated with the index of an RS within a reference signal list.
Examiner submits that it is not clear how the index of the BFD-RS set and the reference signal list are different concepts. The independent claims only recite of a reference signal list. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Therefore, the combination of Yang, Yuan and Gao teach all the limitations of the independent claims.
Applicants submit that according to Yuan, UE-gNB transmission and reception based on the TCI state corresponding to the reset beam cannot start immediately after 28 symbols from the BFRR, but rather can only start after 28 symbols from the BFRR plus the expiration of the beam resetting duration. In Yuan, paragraphs [0109]-[0111], the unified TCI state message is a MAC CE or DCI for the unified TCI state, and the TCI state corresponding to the new beam reported by the UE is activated or indicated by that MAC CE or DCI. In contrast, in the present application, after the UE reports a new beam, the TCI state corresponding to the reported new beam is not activated or indicated via a separate MAC CE or DCI. In other words, in Yuan, the TCI state corresponding to the new beam reported by the UE is activated or indicated by a MAC CE or DCI received after the UE reports the new beam. By contrast, in the present application, no such separate MAC CE or DCI is used to activate or indicate the TCI state corresponding to the new beam after the UE reports the new beam.
Examiner submits that the claims do not recite that the reception of the PDSCH needs to be immediately after the 28 symbols from a last symbol of a second PDCCH. Examiner further submits that Yuan teaches that after the 28 symbols from a last symbol of a second PDCCH is received, receiving, based on the first TCI state, a PDSCH and CSI-RS by using quasi co-location parameters associated with the first reference signal (Fig.8 and Paragraphs 0083 and 0109); and receiving, based on the second TCI state, a PDSCH and a CSI-RS by using quasi co-location parameters associated with the second reference signal (Fig.8 and Paragraphs 0083 and 0109). No separate MAC CE or DCI is used to activate or indicate the TCI state corresponding to receiving the downlink transmissions as shown in Figures 8 – 9. The TCI state corresponding to the new beam reported by the UE is activated or indicated later (#840, Fig.8) by a MAC CE or DCI. Therefore, the combination of Yang, Yuan and Gao teach all the limitations of the independent claims.
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.
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.
Claims 1, 5, 8, 12, 15, 18, 29 and 32 – 36 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 2025/0015868) in view of Yuan et al (US 2025/0062817) and further in view of Gao et al (US 2025/0062818).
Re claim 1, Yang teaches of a method performed by a user equipment (UE) in a communication system (Figures 1 – 4), the method comprising: receiving a first configuration (Paragraph 0050) associated with a list transmission configuration indication (TCI) states (TCI state pool, Paragraphs 0029 and 0043) and a second configuration associated with beam failure recovery (Paragraphs 0046 – 0047), wherein: the TCI states in the list are joint TCI states for downlink and uplink (joint TCI, Paragraphs 0027 – 0031), and the second configuration includes a first failure detection set associated with a first reference signal list and a second failure detection set associated with a second reference signal list (plurality of BFD-RS sets, Paragraphs 0046 – 0047);
receiving a medium access control control element (MAC CE) to activate TCI states among the TCI states in the list, wherein the activated TCI states correspond to codepoints for a TCI field in downlink control information (DCI) (When the MAC CE activates TCI states corresponding to multiple codepoints, the network uses a TCI field in DCI to indicate one codepoint, and the TCI state corresponding to this codepoint is applied to the target signal, Paragraphs 0029 – 0032 and Paragraph 0026); receiving the DCI including the TCI field indicating a codepoint corresponding to a first TCI state and a second TCI state (Paragraphs 0203); receiving, on a first physical downlink control channel (PDCCH), first downlink control information (DCI) scheduling a first physical uplink shared channel (PUSCH) (Paragraphs 0025 – 0026 and 0199 – 0203); transmitting, on the first PUSCH, a BFR MAC CE including a first reference signal index of a first reference signal in the first reference signal list (a BFR MAC CE including an index of a failed BFD-RS set, Paragraphs 0096 – 0097) and a second reference signal index of a second reference signal in in the second reference signal list (a BFR MAC CE including an index of a failed BFD-RS set, Paragraphs 0096 – 0097) (BFRQ, Paragraphs 0053 – 0057); and based on the UE being indicated with a first TCI state and a second TCI state (first and second TCI states, Paragraphs 0075 – 0076) and a second PDCCH on which second DCI scheduling a second PUSCH is received (Paragraphs 0025 – 0026 and 0199 – 0203); receiving, based on the first TCI state, a PDSCH and a first aperiodic channel state reference signal (CSI-RS); and receiving, based on the second TCI state, a PDSCH and a second aperiodic CSI-RS (Paragraph 0040), wherein the second DCI includes a toggled new data indicator (NDI) field and a hybrid automatic repeat request (HARQ) process number same as a HARQ process number in the first DCI (“DCI that carries a toggled new data identifier (toggled NDI) and schedules a PUSCH by using a same hybrid automatic repeat request (HARQ) process identifier ID as a PUSCH in which a BFR MAC CE is located”, Paragraphs 0199 – 0206). However, Yang does not specifically teach of after 28 symbols from a last symbol of a second PDCCH on which second DCI scheduling a second PUSCH is received. Yang does not specifically teach of receiving, based on the first TCI state, a PDSCH and an aperiodic channel state reference signal (CSI-RS) by using quasi co-location parameters associated with the first reference signal indicated by the first reference signal index; and receiving, based on the second TCI state, a PDSCH and an aperiodic CSI-RS
Yuan teaches of based on the UE being indicated with a first TCI state and a second TCI state (different TCI states, Paragraphs 0082 – 0083) and after 28 symbols from a last symbol of a second PDCCH on which second DCI scheduling a second PUSCH is received, wherein the second DCI includes a toggled new data indicator (NDI) field and a hybrid automatic repeat request (HARQ) process number same as a HARQ process number in the first DCI (Paragraphs 0101 and 0112), receiving, based on the first TCI state, a PDSCH and CSI-RS by using quasi co-location parameters associated with the first reference signal (Fig.8 and Paragraphs 0083 and 0109); and receiving, based on the second TCI state, a PDSCH and a CSI-RS by using quasi co-location parameters associated with the second reference signal (Fig.8 and Paragraphs 0083 and 0109).
Gao teaches of receiving, based on the first TCI state, a PDSCH and an aperiodic channel state reference signal (CSI-RS) by using quasi co-location parameters associated with the first reference signal indicated by the first reference signal index; and receiving, based on the second TCI state, a PDSCH and an aperiodic CSI-RS
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the condition of after 28 symbols from a last symbol of a second PDCCH on which second DCI scheduling a second PUSCH is received so as to conform to the 3GPP standard. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have received, based on the corresponding TCI state, the corresponding aperiodic channel state reference signal (CSI-RS) by using the quasi co-location parameter associated with the corresponding reference signal to enhance CSI-RS transmissions.
Re claims 5 and 12, Yang, Yuan and Gao teach all the limitations of claims 1 and 8 as well as Yang teaches of further comprising: transmitting, based on the first TCI state, a PUSCH, a physical uplink control channel (PUCCH) and a sounding reference signal (SRS) (PUSCH, PUCCH, SRS, Paragraph 0035) associated with the first reference signal indicated by the first reference signal index (an index of a failed BFD-RS set, Paragraphs 0096 – 0097); and transmitting, based on the second TCI state, a PUSCH, a PUCCH and an SRS (PUSCH, PUCCH, SRS, Paragraph 0035) associated with the second reference signal indicated by the second reference signal index (an index of a failed BFD-RS set, Paragraphs 0096 – 0097). Yuan further teaches of based on the UE being indicated with the first TCI state and the second TCI state, after the 28 symbols from the last symbol of the second PDCCH on which the second DCI is received: based on the first TCI state, a PUSCH, a physical uplink control channel (PUCCH) and a sounding reference signal (SRS) by using a spatial domain filter associated with the first reference signal indicated by the first reference signal index; and based on the second TCI state, a PUSCH, a PUCCH and an SRS by using a spatial domain filter associated with the second reference signal indicated by the second reference signal index (Paragraphs 0104 – 0111). Gao also teaches of transmitting, based on the first TCI state, a PUSCH, a physical uplink control channel (PUCCH) and a sounding reference signal (SRS) by using a spatial domain filter (Paragraph 0178 – 0179) associated with the first reference signal indicated by the first reference signal index (Paragraphs 0077, 0174 and 0178 – 0179); and transmitting, based on the second TCI state, a PUSCH, a PUCCH and an SRS by using a spatial domain filter (Paragraph 0178 – 0179) associated with the second reference signal indicated by the second reference signal index (Paragraphs 0077, 0174 and 0178 – 0179).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have transmitted the uplink signals by using a spatial domain filter associated with reference signal indicated by the reference signal index so as to enhance the operation of multiple transmission/reception points.
Re claim 8, Yang, Yuan and Gao teach of a user equipment (UE) in a communication system (Figures 1 – 5 of Yang), the UE comprising: a transceiver (Paragraph 0367 and #501, Fig. 5 of Yang); and a processor coupled with the transceiver (#510, Fig.5 of Yang), configured to: receive, via radio resource control (RRC) signaling, a first configuration associated with a list of transmission configuration indication (TCI) states and a second configuration associated with beam failure recovery (BFR), wherein: the TCI states in the list are joint TCI states for downlink and uplink, and second configuration includes a first failure detection set associated with a first reference signal list and a second failure detection set associated with a second reference signal list; receiving a medium access control control element (MAC CE) to activate TCI states among the TCI states in the list, wherein the activated TCI states correspond to codepoints for a TCI field in downlink control information (DCI);receiving the DCI including the TCI field indicating a codepoint corresponding to a first TCI state and a second TCI state; receiving, on a first physical downlink control channel (PDCCH), first downlink control information (DCI) scheduling a first physical uplink shared channel (PUSCH); transmitting, on the first PUSCH, a BFR MAC CE including a first reference signal index of a first reference signal in the first reference signal list and a second reference signal index of a second reference signal in the second reference signal list; and based on the UE being indicated with the first TCI state and the second TCI state, after 28 symbols from a last symbol of a second PDCCH on which second DCI scheduling a second PUSCH is received: receiving, based on the first TCI state, a PDSCH and an aperiodic channel state reference signal (CSI-RS) by using quasi co-location parameters associated with the first reference signal indicated by the first reference signal index; and receiving, based on the second TCI state, a PDSCH and an aperiodic CSI-RS by using quasi co-location parameters associated with the second reference signal indicated by the second reference signal index, wherein the second DCI includes a toggled new data indicator (NDI) field and a hybrid automatic repeat request (HARQ) process number same as a HARQ process number in the first DCI (see claim 1).
Re claim 15, Yang, Yuan and Gao teach of a method performed by a base station (#12, Fig.1 of Yang) in a communication system, the method comprising: transmitting, to a user equipment (UE) via radio resource control (RRC) signaling, a first configuration associated with a list of transmission configuration indication (TCI) states and a second configuration associated with beam failure recovery(BFR), wherein: the TCI states in the list are joint TCI states for downlink and uplink, and second configuration includes a first failure detection set associated with a first reference signal list and a second failure detection set associated with a second reference signal list; transmitting, to the UE, a medium access control control element (MAC CE) to activate TCI states among the TCI states in the list, wherein the activated TCI states correspond to codepoints for a TCI field in downlink control information (DCI);transmitting, to the UE, the DCI including the TCI field indicating a codepoint corresponding to a first TCI state and a second TCI state; transmitting, to the UE on a first physical downlink control channel (PDCCH), first downlink control information (DCI) scheduling a first physical uplink shared channel (PUSCH); receiving, from the UE on the first PUSCH, a BFR MAC CE including a first reference signal index of a first reference signal in the first reference signal list and information on a second reference signal index of a second reference signal in the second reference signal list; and based on the UE being indicated the first TCI state and the second TCI state after 28 symbols from a last symbol of a second PDCCH on which second DCI scheduling a second PUSCH is transmitted to the UE: transmitting, to the UE based on the first TCI state, a PDSCH and an aperiodic channel state reference signal (CSI-RS) by using quasi co-location parameters associated with the first reference signal indicated by the first reference signal index; and transmitting, to the UE based on the second TCI state, a PDSCH and an aperiodic CSI-RS by using quasi co-location parameters associated with the second reference signal indicated by the second reference signal index, wherein the second DCI includes a toggled new data indicator (NDI) field and a hybrid automatic repeat request (HARQ) process number same as a HARQ process number in the first DCI (see claim 1).
Re claim 18, Yang, Yuan and Gao teach of a base station in a communication system, the base station (#12, Fig.1 of Yang) configured to: transmit, to a user equipment (UE) via radio resource control (RRC) signaling, a first configuration associated with a list of transmission configuration indication (TCI) states and a second configuration associated with beam failure recovery (BFR), wherein: the TCI states in the list are joint TCI states for downlink and uplink, and the second configuration includes a first failure detection set associated with a first reference signal list and a second failure detection set associated with a second reference signal list; transmit, to the UE, a medium access control control element (MAC CE) to activate TCI states among the TCI states in the list, wherein the activated TCI states correspond to codepoints for a TCI field in downlink control information (DCI);transmit, to the UE, the DCI including the TCI field indicating a codepoint corresponding to a first TCI state and a second TCI state; transmit, to the UE on a first physical downlink control channel (PDCCH), first downlink control information (DCI) scheduling a first physical uplink shared channel (PUSCH);receive, from the UE on the first PUSCH, a BFR MAC CE including a first reference signal index of a first reference signal in the first reference signal list and information on a second reference signal index of a second reference signal in the second reference signal list; and based on the UE being indicated the first TCI state and the second TCI state, after 28 symbols from a last symbol of a second PDCCH on which second DCI scheduling a second PUSCH is transmitted to the UE: transmit, to the UE based on the first TCI state, a PDSCH and an aperiodic channel state reference signal (CSI-RS) by using quasi co-location parameters associated with the first reference signal indicated by the first reference signal index; and transmit, to the UE based on the second TCI state, a PDSCH and an aperiodic CSI-RS by using quasi co-location parameters associated with the second reference signal indicated by the second reference signal index, wherein the second DCI includes a toggled new data indicator (NDI) field and a hybrid automatic repeat request (HARQ) process number same as a HARQ process number in the first DCI (see claim 1). However, Yang does not specifically teach of the base station comprising: a transceiver; and a processor coupled with the transceiver. Yuan teaches of a base station (#110, Fig.2) comprising: a transceiver; and a processor (#240, Fig.2) coupled with the transceiver (#232, Fig.2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the base station comprising a processor coupled with a transceiver so as to execute the functions of the base station and perform communication.
Re claim 29 and 32, Yang, Yuan and Gao teach all the limitations of claims 15 and 18 as well as Yang teaches of further comprising: receiving, from the UE based on the first TCI state, a PUSCH, a physical uplink control channel (PUCCH) and a sounding reference signal (SRS) (PUSCH, PUCCH, SRS, Paragraph 0035) associated with the first reference signal indicated by the first reference signal index (an index of a failed BFD-RS set, Paragraphs 0096 – 0097); and receiving, from the UE based on the second TCI state, a PUSCH, a PUCCH and an SRS (PUSCH, PUCCH, SRS, Paragraph 0035) associated with the second reference signal indicated by the second reference signal index (an index of a failed BFD-RS set, Paragraphs 0096 – 0097). Yuan further teaches of based on the UE being indicated with the first TCI state and the second TCI state, after the 28 symbols from the last symbol of the second PDCCH on which the second DCI is transmitted: receiving from the UE based on the first TCI state, a PUSCH, a physical uplink control channel (PUCCH) and a sounding reference signal (SRS) by using a spatial domain filter associated with the first reference signal indicated by the first reference signal index; and receiving from the UE based on the second TCI state, a PUSCH, a PUCCH and an SRS by using a spatial domain filter associated with the second reference signal indicated by the second reference signal index (Paragraphs 0104 – 0111). Gao also teaches of transmitting, based on the first TCI state, a PUSCH, a physical uplink control channel (PUCCH) and a sounding reference signal (SRS) by using a spatial domain filter (Paragraph 0178 – 0179) associated with the first reference signal indicated by the first reference signal index (Paragraphs 0077, 0174 and 0178 – 0179); and transmitting, based on the second TCI state, a PUSCH, a PUCCH and an SRS by using a spatial domain filter (Paragraph 0178 – 0179) associated with the second reference signal indicated by the second reference signal index (Paragraphs 0077, 0174 and 0178 – 0179).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have transmitted the uplink signals by using a spatial domain filter associated with reference signal indicated by the reference signal index so as to enhance the operation of multiple transmission/reception points.
Re claims 33 – 36, Yang teaches of wherein the first TCI state is configured with a reference signal (reference signal from a first BFD-RS set, Paragraphs 0040 – 0041 and 0075 – 0078) different from the first reference signal (a first BFD-RS from a failed BFD-RS set, Paragraphs 0096 – 0105), and wherein the second TCI state is configured with a reference signal (reference signal from a second BFD-RS set, Paragraphs 0040 – 0041 and 0075 – 0078) different from the second reference signal (a second BFD-RS from a failed BFD-RS set, Paragraphs 0096 – 0105).
Conclusion
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/ARISTOCRATIS FOTAKIS/
Primary Examiner, Art Unit 2633