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 .
DETAILED ACTION
Claim Status
1. This is in response to application filed on 2/7/2024 in which claims 1-21 are presented for examination.
Priority
2. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
4. 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-23 of pending application 18/435,602.
Although the conflicting claims are not identical, they are not patentably distinct from each other because the patent claims include all of the limitations of the instant application claims, respectively.
a. The patent claims also include additional limitations. Hence, the instant application claims are generic to the species of invention covered by the respective patent claims. As such, the instant application claims are anticipated by the patent claims and are therefore not patentably distinct therefrom. (See Eli Lilly and Co. v. Barr Laboratories Inc., 58 USPQ2D 1869, "a later genus claim limitation is anticipated by, and therefore not patentably distinct from, an earlier species claim", In re Goodman, 29 USPQ2d 2010, "Thus, the generic invention is 'anticipated' by the species of the patented invention" and the instant “application claims are generic to species of invention covered by the patent claim, and since without terminal disclaimer, extant species claims preclude issuance of generic application claims”).
b. An omission of an element and its function in a combination is an obvious expedient if the remaining elements perform the same function as before. In re KARLSON (CCPA) 136 USPQ 184 (1963).
c. See the tabulation below for the claims analysis.
CLAIMS FOR INSTANT APPLICATION
CLAIMS OF COPENDING APPLICATION 18/435,602
Claim 1:
A terminal apparatus that belongs to a first communication system that uses a first frequency band, comprising: one or more processors; and one or more memories that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as: an obtaining unit configured to obtain, from a base station apparatus that belongs to the first communication system, setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system that is different from the first communication system, a measurement unit configure to perform measurement of a predetermined signal transmitted from another terminal apparatus that belongs to the second communication system, based on the setting information, a notification unit configured to notify the base station apparatus of a result of the measurement, and a communication unit configured to communicate with the base station apparatus in accordance with scheduling performed by the base station apparatus based on the result of the measurement.
Claim 1:
1. A terminal apparatus, comprising: one or more processors; and one or more memories that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as: an obtaining unit configured to obtain, from a first base station apparatus that belongs to a first communication system that uses a first frequency band, setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system, a measurement unit configured to perform measurement of a predetermined signal transmitted from a second base station apparatus that belongs to the second communication system, based on the setting information, a notification unit configured to notify the first base station apparatus of a result of the measurement, and a communication unit configured to communicate with the first base station apparatus in accordance with scheduling performed by the first base station apparatus based on the result of the measurement.
Claim 11:
11. A base station apparatus that belongs to a first communication system that uses a first frequency band, comprising: one or more processors; and one or more memories that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as: a notification unit configured to notify a first terminal apparatus, which belongs to the first communication system, of setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system, a receiving unit configured to receive a result of measurement on a predetermined signal transmitted from a second terminal apparatus that belongs to the second communication system, the measurement having been performed by the first terminal apparatus based on the setting information, and a scheduling unit configured to perform, based on the result of the measurement, determination of whether or not to allow the first terminal apparatus to transmit a signal using predetermined time resources and predetermined frequency resources included in the first frequency band, and perform scheduling of communication with the first terminal apparatus based on the determination.
Claims: 18.
18. A control method that is executed by a terminal apparatus that belongs to a first communication system that uses a first frequency band, comprising: obtaining, from a base station apparatus that belongs to the first communication system, setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system that is different from the first communication system; performing measurement of a predetermined signal transmitted from another base station apparatus that belongs to the second communication system, based on the setting information; notifying the base station apparatus of a result of the measurement; and communicating with the base station apparatus in accordance with scheduling performed by the base station apparatus based on the result of the measurement.
19. A control method that is executed by a base station apparatus that belongs to a first communication system that uses a first frequency band, comprising: notifying a first terminal apparatus that belongs to the first communication system of setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system; receiving a result of measurement on a predetermined signal transmitted from a second terminal apparatus that belongs to the second communication system, the measurement having been performed by the first terminal apparatus based on the setting information; and determining, based on the measurement result, whether or not to allow the first terminal apparatus to transmit a signal using predetermined time resources and predetermined frequency resources included in the first frequency band, and performing scheduling of communication with the first terminal apparatus based on the determination.
20. A non-transitory computer-readable storage medium that stores a program for causing a computer included in a terminal apparatus that belongs to a first communication system that uses a first frequency band to execute a control method, wherein the control method comprises: obtaining, from a base station apparatus that belongs to the first communication system, setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system that is different from the first communication system; performing measurement of a predetermined signal transmitted from another base station apparatus that belongs to the second communication system, based on the setting information; notifying the base station apparatus of a result of the measurement; and communicating with the base station apparatus in accordance with scheduling performed by the base station apparatus based on the result of the measurement.
21. A non-transitory computer-readable storage medium that stores a program for causing a computer included in a base station apparatus that belongs to a first communication system that uses a first frequency band to execute a control method, wherein the control method comprises: notifying a first terminal apparatus that belongs to the first communication system of setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system; receiving a result of measurement on a predetermined signal transmitted from a second terminal apparatus that belongs to the second communication system, the measurement having been performed by the first terminal apparatus based on the setting information; and determining, based on the measurement result, whether or not to allow the first terminal apparatus to transmit a signal using predetermined time resources and predetermined frequency resources included in the first frequency band, and performing scheduling of communication with the first terminal apparatus based on the determination.
Claim 10:
10. A base station apparatus that belongs to a first communication system that uses a first frequency band, comprising: one or more processors; and one or more memories that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as: a notification unit configured to notify a terminal apparatus of setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system, a receiving unit configured to receive a result of measurement on a predetermined signal transmitted from another base station apparatus that belongs to the second communication system, the measurement having been performed by the terminal apparatus based on the setting information, and a scheduling unit configured to determine, based on the result of the measurement, whether or not to allow the terminal apparatus to transmit a signal using predetermined time resources and predetermined frequency resources included in the first frequency band, and perform scheduling of communication with the terminal apparatus based on the determination.
Claim 19:
19. A control method that is executed by a terminal apparatus, comprising: obtaining, from a first base station apparatus that belongs to a first communication system that uses a first frequency band, setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system; performing measurement of a predetermined signal transmitted from a second base station apparatus that belongs to the second communication system, based on the setting information; notifying the first base station apparatus of a result of the measurement; and communicating with the first base station apparatus in accordance with scheduling performed by the first base station apparatus based on the result of the measurement.
20. A control method that is executed by a base station apparatus that belongs to a first communication system that uses a first frequency band, comprising: notifying a terminal apparatus of setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system; receiving a result of measurement on a predetermined signal transmitted from another base station apparatus that belongs to the second communication system, the measurement having been performed by the terminal apparatus based on the setting information; and determining, based on the result of the measurement, whether or not to allow the terminal apparatus to transmit a signal using predetermined time resources and predetermined frequency resources included in the first frequency band, and performing scheduling of communication with the terminal apparatus based on the determination.
21. A non-transitory computer-readable storage medium that stores a program for causing a computer included in a terminal apparatus to execute a control method, wherein the control method comprises: obtaining, from a first base station apparatus that belongs to a first communication system that uses a first frequency band, setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system; performing measurement of a predetermined signal transmitted from a second base station apparatus that belongs to the second communication system, based on the setting information; notifying the first base station apparatus of a result of the measurement; and communicating with the first base station apparatus in accordance with scheduling performed by the first base station apparatus based on the result of the measurement.
22. A non-transitory computer-readable storage medium that stores a program for causing a computer included in a base station apparatus that belongs to a first communication system that uses a first frequency band to execute a control method, wherein the control method comprises: notifying a terminal apparatus of setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system; receiving a result of measurement on a predetermined signal transmitted from another base station apparatus that belongs to the second communication system, the measurement having been performed by the terminal apparatus based on the setting information; and determining, based on the result of the measurement, whether or not to allow the terminal apparatus to transmit a signal using predetermined time resources and predetermined frequency resources included in the first frequency band, and performing scheduling of communication with the terminal apparatus based on the determination.
CLAIM INTERPRETATION
5. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
(i) This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “an obtaining unit”, “a measurement unit”, “a notification unit”, “a communication unit” and “a scheduling unit”…” in claims 1 and 11
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
(ii) The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
6. 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 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 1-4, 11-12 and 18-21 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (US 2019/0124566), (hereinafter, Liu).
Regarding claims 1, 18 and 20, Liu discloses a terminal apparatus/method/ non-transitory computer-readable storage medium (= terminal apparatus 1, see [0119]) that belongs to a first communication system that uses a first frequency band, comprising:
one or more processors; and one or more memories that store a computer-readable instruction for causing, when executed by the one or more processors
(= processing units 14 and 16, see [0098]), the one or more processors to function as:
an obtaining unit configured to obtain, from a base station apparatus (= source base station 3A) that belongs to the first communication system, setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system that is different from the first communication system (= source base station 3A transmits, to the terminal apparatus 1, a measurement control message such as an RRC ConnectionReconfiguration message including a parameter measConfig; measurement control message may include a list of measurement object cells and cells managed by target base station 3B; and in a case that terminal apparatus 1 measures cells in different frequency band, the source base station apparatus 3A may notify the terminal apparatus 1 of measurement gap information, see [0119]),
a measurement unit configure to perform measurement of a predetermined signal transmitted from another terminal apparatus that belongs to the second communication system (= cells manage by target base station 3B), based on the setting information (= in a case that terminal apparatus 1 measures cells in different frequency band, the source base station apparatus 3A may notify the terminal apparatus 1 of measurement gap information, see [0119]; and apparatus 1 measures a channel state of the measurement object cell based on the measurement control message, see [0120]),
a notification unit configured to notify the base station apparatus of a result of the measurement (= terminal apparatus 1 measures channel state of the measurement object cell and transmits/notifies a measurement report indicating a measurement result to the source base station apparatus 3A, see [0120]), and
a communication unit configured to communicate with the base station apparatus in accordance with scheduling performed by the base station apparatus based on the result of (= handover selection process) the measurement (= source base station 3A selects, based on the measurement report in step S401 and RRM information, whether to perform the handover; and selects a target base station, see [0127]; source base station 3A transmits a handover request message to the target base station 3B that is selected as a handover destination; see [0128]; and target base station 3B transmits handover command to the apparatus 1 via the source base station 3A, see [0129]).
Regarding claim 2, as mentioned in claim 1, Liu, discloses the terminal apparatus wherein the obtaining unit obtains the setting information from a radio resource control (RRC) message transmitted from the base station apparatus (see, [0119]).
Regarding claim 3, as mentioned in claim 1, Liu, discloses the terminal apparatus wherein the setting information includes at least one of information indicating a frequency at which the predetermined signal is transmitted and information indicating a timing when the predetermined signal is transmitted (see, [0130]).
Regarding claim 4, as mentioned in claim 1, Liu, discloses the terminal apparatus wherein the communication unit is further configured to transmit a second predetermined signal in the first frequency band, for measurement that is performed by another terminal apparatus that belongs to a wireless communication system different from the first communication system (= apparatus 1 transmits the SRS to source base station 3A and target base station 3B, see, [0124]).
Regarding claims 11, 19 and 21, Liu discloses a base station apparatus/method
(= source base station 3A) that belongs to a first communication system that uses a first frequency band, comprising:
one or more processors; and one or more memories that store a computer-readable instruction for causing, when executed by the one or more processors, the one or more processors to function as:
a notification unit configured to notify a first terminal apparatus, which belongs to the first communication system, of setting information indicating setting of measurement in a second frequency band that is different from the first frequency band and is used for a second communication system (= source base station 3A transmits, to the terminal apparatus 1, a measurement control message such as an RRC ConnectionReconfiguration message including a parameter measConfig; measurement control message may include a list of measurement object cells and cells managed by target base station 3B; and in a case that terminal apparatus 1 measures cells in different frequency band, the source base station apparatus 3A may notify the terminal apparatus 1 of measurement gap information, see [0119]),
a receiving unit configured to receive a result of measurement on a predetermined signal transmitted from a second terminal apparatus that belongs to the second communication system, the measurement having been performed by the first terminal apparatus based on the setting information (= apparatus 1 measures a channel state of the measurement object cell based on the measurement control message and transmits a measurement report indicating a measurement result to the source base station 3A, see [0120 and 0127]), and
a scheduling unit configured to perform, based on the result of the measurement, determination of whether or not to allow the first terminal apparatus to transmit a signal using predetermined time resources and predetermined frequency resources included in the first frequency band, and perform scheduling of communication with the first terminal apparatus based on the determination (= source base station 3A selects/determines, based on the measurement report in step S401 and RRM information whether to perform the handover, see [0127]).
Regarding claim 12, as mentioned in claim 11, Liu, discloses the base station apparatus wherein the notification unit performs notification of the setting information using a radio resource control (RRC) message for when the first terminal apparatus is connected to the base station apparatus (see, [0119]).
Claim Rejections - 35 USC § 103
7. 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.
Claims 8-10 and 13-17 are rejected under 35 U.S.C. 103(a) as being unpatentable over Liu in view of Nishio et al., (US 2014/0177601), (hereinafter, Nishio).
Regarding claim 8, as mentioned in claim 1, Liu explicitly fails to disclose the terminal apparatus, wherein the obtaining unit further obtains information indicating a condition for notifying the base station apparatus of the result of the measurement, and the notification unit notifies the base station apparatus of the result of the measurement when the condition is satisfied.
However, Nishio, which is an analogous art equivalently discloses the terminal apparatus, wherein the obtaining unit further obtains information indicating a condition for notifying the base station apparatus of the result of the measurement, and the notification unit notifies the base station apparatus of the result of the measurement when the condition is satisfied (see, [0072]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Nishio with Liu for the benefit of achieving a communication system that is capable of selecting an appropriate transmission point while reducing overhead for measurement reporting.
Regarding claim 9, as mentioned in claim 8, Liu explicitly fails to disclose the terminal apparatus, wherein the condition includes the predetermined signal having been detected with predetermined power or higher.
However, Nishio, which is an analogous art equivalently discloses the terminal apparatus wherein the condition includes the predetermined signal having been detected with predetermined power or higher (see, [0072 and 0163]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Nishio with Liu for the benefit of achieving a communication system that is capable of selecting an appropriate transmission point while reducing overhead for measurement reporting.
Regarding claim 10, as mentioned in claim 1, Liu explicitly fails to disclose the terminal apparatus, , wherein the notification unit notifies the base station apparatus of at least one of information indicating receiving power of the predetermined signal and information regarding a frequency related to the predetermined signal, as the result of the measurement.
However, Nishio, which is an analogous art equivalently discloses the terminal apparatus , wherein the notification unit notifies the base station apparatus of at least one of information indicating receiving power of the predetermined signal and information regarding a frequency related to the predetermined signal, as the result of the measurement (see, [0072, 0158 and 0162]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Nishio with Liu for the benefit of achieving a communication system that is capable of selecting an appropriate transmission point while reducing overhead for measurement reporting.
Regarding claim 13, as mentioned in claim 11, Liu explicitly fails to disclose the base station apparatus, wherein the notification unit notifies the first terminal apparatus of the setting information when transmission power for when the first terminal apparatus transmits a signal to the base station apparatus is higher than or equal to a predetermined value, and does not notify the first terminal apparatus of the setting information when the transmission power is lower than the predetermined value.
However, Nishio, which is an analogous art equivalently discloses the base station apparatus , wherein the notification unit notifies the first terminal apparatus of the setting information when transmission power for when the first terminal apparatus transmits a signal to the base station apparatus is higher than or equal to a predetermined value, and does not notify the first terminal apparatus of the setting information when the transmission power is lower than the predetermined value (see, [0072 and 0163]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Nishio with Liu for the benefit of achieving a communication system that is capable of selecting an appropriate transmission point while reducing overhead for measurement reporting.
Regarding claim 14, as mentioned in claim 11, Liu explicitly fails to disclose the base station apparatus, wherein the setting information includes at least one of information indicating a frequency at which the predetermined signal is transmitted, and information indicating a timing when the predetermined signal is transmitted.
However, Nishio, which is an analogous art equivalently discloses the base station apparatus wherein the setting information includes at least one of information indicating a frequency at which the predetermined signal is transmitted, and information indicating a timing when the predetermined signal is transmitted (see, [0003]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Nishio with Liu for the benefit of achieving a communication system that is capable of selecting an appropriate transmission point while reducing overhead for measurement reporting.
Regarding claim 15, as mentioned in claim 11, Liu explicitly fails to disclose the base station apparatus, wherein the notification unit further performs notification of information indicating a condition for the first terminal apparatus to perform notification of the result of the measurement.
However, Nishio, which is an analogous art equivalently discloses the base station apparatus wherein the notification unit further performs notification of information indicating a condition for the first terminal apparatus to perform notification of the result of the measurement (see, [0070 and 0072]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Nishio with Liu for the benefit of achieving a communication system that is capable of selecting an appropriate transmission point while reducing overhead for measurement reporting.
Regarding claim 16, as mentioned in claim 15, Liu explicitly fails to disclose the base station apparatus, wherein the condition includes the predetermined signal having been detected with predetermined power or lower.
However, Nishio, which is an analogous art equivalently discloses the base station apparatus wherein the condition includes the predetermined signal having been detected with predetermined power or lower (see, [0070 and 0072]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Nishio with Liu for the benefit of achieving a communication system that is capable of selecting an appropriate transmission point while reducing overhead for measurement reporting.
Regarding claim 17, as mentioned in claim 11, Liu explicitly fails to disclose the base station apparatus, wherein the result of the measurement includes at least one of information indicating receiving power of the predetermined signal and information regarding a frequency related to the predetermined signal.
However, Nishio, which is an analogous art equivalently discloses the base station apparatus wherein the result of the measurement includes at least one of information indicating receiving power of the predetermined signal and information regarding a frequency related to the predetermined signal (see, [0072, 0158 and 0162]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Nishio with Liu for the benefit of achieving a communication system that is capable of selecting an appropriate transmission point while reducing overhead for measurement reporting.
Allowable Subject Matter
8. Claims 5-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Terminal Disclaimer
9. A terminal disclaimer may be effective to overcome a provisional nonstatutory double patenting rejection over a pending application (37 CFR 1.321(b) and (c)). 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. 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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/PatentForms. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/TerminalDisclaimer.
CONCLUSION
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. Byun et al., (US 2014/0015330) teaches a method and power transmitter for controlling power transmission.
b. Deivasigamani et al., (US 2014/0064253) teaches a reducing call drops in uplink power limited scenarios.
c. Xu et al., (US 2020/0221390) teaches a dynamic configuration of operation power parameters.
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/Kwasi Karikari/
Primary Examiner: Art Unit 2641.