DETAILED ACTION
This Action is in response to Applicant’s amendment filed on 6/9/2026. Claims 1-18 are still pending in the present application. This Action is made FINAL.
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
The text of those sections of Title 35, U.S. Code not included in this action
can be found in a prior Office action.
Claims 13-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (WO 2024/172474, using EP 4668607 as translation, both attached to this Office Action)
Referring to Claim 13, Kim et al. disclose a base station (BS) (par 109, base station), comprising: one or more non-transitory computer-readable media storing one or more computer-executable instructions (par 109 and par 47, base station, memory); and at least one processor coupled to the one or more non-transitory computer-readable media (par 109 and par 47, cell/base station, processor), the at least one processor configured to execute the one or more computer-executable instructions to cause the BS to: transmit, to a user equipment (UE) (pars 108 and 109, from base station to UE), a first configuration of a cell-discontinuous transmission (cell-DTX) mechanism (par 109, cell DTX configuration/parameters for UE), the first configuration comprising a first discontinuous pattern and second continuous pattern (par 109, two cell DTX/DRX patterns); transmit, to the UE (pars 108 and 109, from base station to UE), a second configuration of a cell-discontinuous reception (cell-DRX) mechanism (par 109, cell DRX configuration/parameters for UE); transmit, to the UE, a first indication (par 109, two cell DTX/DRX patterns/activation) that indicates one of the first discontinuous pattern and the second discontinuous pattern for the UE to monitor the PDCCH (par 109, PDCCH); and transmit, the PDCCH to the UE using the indicated one of the first discontinuous pattern and the second discontinuous pattern (par 109, PDCCH).
Referring to Claim 14 as applied to Claim 13 above, Kim et al. disclose the BS, wherein the at least one processor is configured to execute the computer-executable instructions to further cause the BS to: receive, from the UE, an uplink transmission based on the second configuration (par 109, SR/CG).
Referring to Claim 15 as applied to Claim 14 above, Kim et al. disclose the BS, wherein the second configuration comprises a third discontinuous pattern and a fourth discontinuous pattern (par 109, two of each cell DTX/DRX patterns), and the at least one processor is configured to execute the computer-executable instructions to further cause the BS to: transmit, to the UE, a second indication (par 109, two cell DTX/DRX patterns/activation), wherein the second indication indicates one of the third discontinuous pattern and the fourth discontinuous pattern for the UE to perform the uplink transmission (par 109, two of each cell DTX/DRX patterns/activation; transmit).
Referring to Claim 16 as applied to Claim 13 above, Kim et al. disclose the BS, wherein the at least one processor is configured to execute the computer-executable instructions to further cause the BS to: transmit, to the UE, information related to whether the BS is configured with at least one of the cell-DTX mechanism and the cell-DRX mechanism (par 109, DTX/DRX, activation).
Referring to Claim 17 as applied to Claim 13 above, Kim et al. disclose the BS, wherein the information is carried in a radio resource control (RRC) parameter (par 109, RRC).
Referring to Claim 18 as applied to Claim 13 above, Kim et al. disclose the BS, wherein the at least one processor is configured to execute the computer-executable instructions to further cause the BS to: receive, from the UE, a scheduling request (SR) in an active time of the cell-DRX mechanism according to the second configuration (par 109, SR).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (WO 2024/172474, using EP 4668607 as translation) in view of Back et al. (U.S. Pat. Application Pub. No. 2022/0400531)
Referring to Claim 1, Kim et al. disclose a method performed by a user equipment (UE) (par 109, UE configured), the method comprising: receiving, from a base station (BS) (pars 108 and 109, from base station), a first configuration of a cell-discontinuous transmission (cell-DTX) mechanism (pars 108 and 109, cell DTX configuration/parameters for UE), the first configuration comprising a first discontinuous pattern and a second discontinuous pattern (par 109, two cell DTX/DRX patterns); receiving, from the BS (par 109, from base station), a second configuration of a cell-discontinuous reception (cell-DRX) mechanism (par 109, cell DRX configuration/ parameters for UE); receiving, from the BS, a first indication (par 109, two cell DTX/DRX patterns/activation); using, based on the first indication, one of the first discontinuous pattern and second discontinuous pattern (par 109, DTX/DRX activated); and monitoring a physical downlink control channel (PDCCH) using the one of the first discontinuous pattern and the second discontinuous pattern (par 109, PDCCH).
However, Kim et al. do not explicitly disclose UE selecting, based on indication, one of first and second discontinuous pattern.
In the same field of endeavor, Back et al. disclose UE selecting, based on indication, one of first and second discontinuous pattern (pars 149-150, UE receives patterns, selects one pattern).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate UE selecting, based on indication, one of first and second discontinuous pattern, as taught by Back et al., in the method of Kim et al., for the purpose of receiving information from a base station and using it for communication (Back et al., par 150) and discontinuous monitoring of PDCCH (Back et al., par 113).
Referring to Claim 2 as applied to Claim 1 above, Kim et al. as modified disclose the method, further comprising: performing an uplink transmission to the BS based on the second configuration (Kim et al., par 109, transmit SR/CG).
Referring to Claim 3 as applied to Claim 2 above, Kim et al. as modified disclose the method, wherein the second configuration comprises a third discontinuous pattern and a fourth discontinuous pattern (Kim et al., par 109, two of each cell DTX/DRX patterns), and the method further comprises: receiving, from the BS, a second indication (Kim et al., par 109, two of each cell DTX/DRX patterns/activation); and using, based on the second indication, one of the third discontinuous pattern and the fourth discontinuous pattern (Kim et al., par 109, DTX/DRX activated); wherein performing the uplink transmission based on the second configuration comprises performing the uplink transmission using the one of the third discontinuous pattern and the fourth discontinuous pattern (Kim et al., par 109, transmit).
However, Kim et al. do not explicitly disclose UE selecting, based on indication, one discontinuous pattern.
In the same field of endeavor, Back et al. disclose UE selecting, based on indication, one discontinuous pattern (pars 149-150, UE receives patterns, selects one pattern).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate UE selecting, based on indication, one discontinuous pattern, as taught by Back et al., in the method of Kim et al. and Back et al., for the purpose of receiving information from a base station and using it for communication (Back et al., par 150) and discontinuous monitoring of PDCCH (Back et al., par 113).
Referring to Claim 4 as applied to Claim 1 above, Kim et al. as modified disclose the method, further comprising: receiving, from the BS, information related to whether the BS is configured with at least one of the cell-DTX mechanism and the cell-DRX mechanism (Kim et al., par 109, DTX/DRX, activation).
Referring to Claim 5 as applied to Claim 4 above, Kim et al. as modified disclose the method, wherein the information is carried in a radio resource control (RRC) parameter (Kim et al., par 109, RRC).
Referring to Claim 6 as applied to Claim 1 above, Kim et al. as modified disclose the method, further comprising: sending a scheduling request (SR) to the BS in an active time of the cell-DRX mechanism according to the second configuration (Kim et al., par 109, SR)
Referring to Claim 7, Kim et al. disclose a user equipment (UE) (par 109, UE), comprising: one or more non-transitory computer-readable media storing one or more computer-executable instructions (par 109 and par 47, UE, memory); and at least one processor coupled to the one or more non-transitory computer-readable media (par 109 and par 47, UE, processor), the at least one processor configured to execute the one or more computer-executable instructions to cause the UE to: receive, from a base station (BS) (pars 108 and 109, from base station), a first configuration of a cell-discontinuous transmission (cell-DTX) mechanism (par 109, cell DTX configuration/parameters for UE), the first configuration comprising a first discontinuous pattern and a second discontinuous pattern (par 109, two cell DTX/DRX patterns); receive, from the BS (pars 108 and 109, from base station) a second configuration of a cell-discontinuous reception (cell-DRX) mechanism (par 109, cell DRX configuration/parameters for UE); receive, from the BS, a first indication (par 109, two cell DTX/DRX patterns/activation); use, based on the indication, one of the first discontinuous pattern and the second discontinuous pattern (par 109, DTX/DRX activated); and monitor a physical downlink control channel (PDCCH) using the one of the first discontinuous pattern and the second discontinuous pattern (par 109, receive PDCCH).
However, Kim et al. do not explicitly disclose UE selecting, based on indication, one of first and second discontinuous pattern.
In the same field of endeavor, Back et al. disclose UE selecting, based on indication, one of first and second discontinuous pattern (pars 149-150, UE receives patterns, selects one pattern).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate UE selecting, based on indication, one of first and second discontinuous pattern, as taught by Back et al., in the UE of Kim et al., for the purpose of receiving information from a base station and using it for communication (Back et al., par 150) and discontinuous monitoring of PDCCH (Back et al., par 113).
Referring to Claim 8 as applied to Claim 7 above, Kim et al. as modified disclose the UE, wherein the at least one processor is configured to execute the computer-executable instructions to further cause the UE to: perform an uplink transmission to the BS based on the second configuration (Kim et al., par 109, transmit SR/CG).
Referring to Claim 9 as applied to Claim 8 above, Kim et al. as modified disclose the UE, wherein the second configuration comprises a third discontinuous pattern and a fourth discontinuous pattern (Kim et al., par 109, two of each cell DTX/DRX patterns), and the at least one processor is configured to execute the computer-executable instructions to further cause the UE to: receive, from the BS, a second indication (Kim et al., par 109, two cell DTX/DRX patterns/activation); using, based on the second indication, one of the third discontinuous pattern and the fourth discontinuous pattern (Kim et al., par 109, two of each DTX/DRX activated); wherein performing the uplink transmission based on the second configuration comprises perform the uplink transmission using the one of the third discontinuous pattern and the fourth discontinuous pattern (Kim et al., par 109, transmit).
However, Kim et al. do not explicitly disclose UE selecting, based on indication, one discontinuous pattern.
In the same field of endeavor, Back et al. disclose UE selecting, based on indication, one discontinuous pattern (pars 149-150, UE receives patterns, selects one pattern).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate UE selecting, based on indication, one discontinuous pattern, as taught by Back et al., in the UE of Kim et al. and Back et al., for the purpose of receiving information from a base station and using it for communication (Back et al., par 150) and discontinuous monitoring of PDCCH (Back et al., par 113).
Referring to Claim 10 as applied to Claim 7 above, Kim et al. as modified disclose the UE, wherein the at least one processor is configured to execute the computer-executable instructions to further cause the UE to: receive, from the BS, information related to whether the BS is configured with at least one of the cell-DTX mechanism and the cell-DRX mechanism (Kim et al., par 109, DTX/DRX, activation).
Referring to Claim 11 as applied to Claim 10 above, Kim et al. as modified disclose the UE, wherein the information is carried in a radio resource control (RRC) parameter (Kim et al., par 109, RRC).
Referring to Claim 12 as applied to Claim 7 above, Kim et al. as modified disclose the UE, wherein the at least one processor is configured to execute the computer-executable instructions to further cause the UE to: send a scheduling request (SR) to the BS in an active time of the cell-DRX mechanism according to the second configuration (Kim et al., par 109, SR).
Response to Arguments
Applicant's arguments filed 6/9/2026 have been fully considered but are moot in view of new grounds of rejection necessitated by amendment. See the above rejection for the relevant citations found in the cited prior art disclosing the amended limitations.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAIL KHAN whose telephone number is (571)270-7187. The examiner can normally be reached on M-TH 8:30am-6:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on 5712727915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/Suhail Khan/
Primary Examiner, Art Unit 2642
Prosecution Insights