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 .
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 4, 7, 9-10, 12, 15, 18 and 20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 5-6, 18-20, 24-25 and 29 of copending Application No. 18/444,667 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the current application (670’) are the same subject of the copending application (667’) claims as further shown below.
Current Application (670’):
Copending Application (667’):
Rationale:
1. An apparatus configured for wireless communications, comprising: one or more memories comprising processor-executable instructions; and one or more processors configured to execute the processor-executable instructions and cause the apparatus to: determine a target time for performing a change in activation or deactivation of a current cell discontinuous reception (DRX) operation at a first cell, the target time determined based on one or more uplink synchronization reference points, an indication transmission slot, and a preconfigured delay; send, to one or more user equipments (UEs) served in the indication transmission slot by the first cell, the target time for performing the change in activation or deactivation of the current cell DRX operation at the first cell; and perform the change in activation or deactivation of the current cell DRX operation at the first cell at the target time.
1. An apparatus configured for wireless communications, comprising: one or more memories comprising processor-executable instructions; and one or more processors configured to execute the processor-executable instructions and cause the apparatus to: determine a target time for performing a change in activation or deactivation of a current cell discontinuous reception (DRX) operation at a first cell, the target time determined based on a scheduling time offset associated with the first cell, an indication transmission slot, and a preconfigured delay; send, to one or more user equipments (UEs) served in the indication transmission slot by the first cell, the target time for performing the change in activation or deactivation of the current cell DRX operation at the first cell; and perform the change in activation or deactivation of the current cell DRX operation at the first cell at the target time.
The current application states “based on one of more” only requiring at the very least one (uplink synchronization reference points, an indication transmission slot, and a preconfigured delay) to apply which is broader than the copending application requiring all (a scheduling time offset associated with the first cell, an indication transmission slot, and a preconfigured delay) to apply.
Therefore, it is understood that the information discussed in the current application is the same as discussed in the copending application.
10. A method for wireless communications, comprising: determining a target time for performing a change in activation or deactivation of a current cell discontinuous reception (DRX) operation at a first cell, the target time determined based on one or more uplink synchronization reference points, an indication transmission slot, and a preconfigured delay; sending, to one or more user equipments (UEs) served in the indication transmission slot by the first cell, the target time for performing the change in activation or deactivation of the current cell DRX operation at the first cell; and performing the change in activation or deactivation of the current cell DRX operation at the first cell at the target time.
19. A method for wireless communications, comprising: determining a target time for performing a change in activation or deactivation of a current cell discontinuous reception (DRX) operation at a first cell, the target time determined based on a scheduling time offset associated with the first cell, an indication transmission slot, and a preconfigured delay; sending, to one or more user equipments (UEs) served in the indication transmission slot by the first cell, the target time for performing the change in activation or deactivation of the current cell DRX operation at the first cell; and performing the change in activation or deactivation of the current cell DRX operation at the first cell at the target time.
The current application states “based on one of more” only requiring at the very least one (uplink synchronization reference points, an indication transmission slot, and a preconfigured delay) to apply which is broader than the copending application requiring all (a scheduling time offset associated with the first cell, an indication transmission slot, and a preconfigured delay) to apply.
Therefore, it is understood that the information discussed in the current application is the same as discussed in the copending application.
12. An apparatus configured for wireless communications, comprising: one or more memories comprising processor-executable instructions; and one or more processors configured to execute the processor-executable instructions and cause the apparatus to: receive, from a network entity and in an indication transmission slot, a target time for applying a change in activation or deactivation of a current cell discontinuous reception (DRX) operation at a first cell; and apply the change in activation or deactivation of the current cell DRX operation at the first cell at the target time, wherein the target time for applying the change in activation or deactivation of the current cell DRX operation at the first cell is based on one or more uplink synchronization reference points, an indication transmission slot, and a preconfigured delay.
20. An apparatus configured for wireless communications, comprising: one or more memories comprising processor-executable instructions; and one or more processors configured to execute the processor-executable instructions and cause the apparatus to: receive, from a network entity and in an indication transmission slot, a target time for applying a change in activation or deactivation of a current cell discontinuous reception (DRX) operation at a first cell; and apply the change in activation or deactivation of the current cell DRX operation at the first cell at the target time, wherein the target time for applying the change in activation or deactivation of the current cell DRX operation at the first cell is based on a scheduling time offset associated with the first cell, an indication transmission slot, and a preconfigured delay.
The current application states “based on one of more” only requiring at the very least one (uplink synchronization reference points, an indication transmission slot, and a preconfigured delay) to apply which is broader than the copending application requiring all (a scheduling time offset associated with the first cell, an indication transmission slot, and a preconfigured delay) to apply.
Therefore, it is understood that the information discussed in the current application is the same as discussed in the copending application.
Dependent claims 4, 7, 9, 15, 18 and 20
Dependent claims 5-6, 18, 24-25 and 29
The information discussed in the dependent claims of the current application are the same as the dependent claims of the copending application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Objections
Claim 2 is objected to because of the following informalities: Lines 5-6 state “the second cell” which appears to lack antecedent basis. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: Line 5 state “the second cell” which appears to lack antecedent basis. Appropriate correction is required.
Claim 13 is objected to because of the following informalities: Line 5 state “the second cell” which appears to lack antecedent basis. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 12 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang et al. (Chang), U.S. Publication No. 2016/0088681.
Regarding Claim 12, Chang discloses an apparatus (i.e., schematic diagram
illustrating UE shown in figure 11) configured for wireless communications (as described in paragraph [0360]), comprising: one or more memories (i.e., memory shown in figure 11) comprising processor-executable instructions (as described in paragraph [0361]); and one or more processors (i.e., processor shown in figure 11) configured to execute the processor-executable instructions (as described in paragraph [0361]) and cause the apparatus to:
receive, from a network entity and in an indication transmission slot, a target time for applying a change in activation or deactivation of a current cell (i.e., cells described in paragraphs [0003] and [0005]) discontinuous reception (DRX) operation at a first cell (i.e., acquire extension information of a DTX active time of a base station, where the extension information is used to indicate extension performed by the base station on the DTX active time of the base station…overlapped time of the DTX active time and the DRX active time should be acquired and used as the active time of the UE therefore, considered as the target time for applying a change in activation or deactivation of a DRX operation; see paragraphs [0174] and [0175]. Chang further describes when a base station changes original DTX of the base station, extension information of a DTX active time of the base station is sent, so that UE can learn a latest DTX condition according to a change of DTX on a base station side and therefore can determine a correct active time of the UE with reference to DRX of the UE; see paragraph [0371]); and
apply the change in activation or deactivation of the current cell DRX operation at the first cell at the target time (in other words, adjust a DTX active time of the UE according to the extension information, and use an overlapped time between the DTX active time of the UE and a discontinuous reception DRX active time of the UE as an active time of the UE for listening on a physical downlink control channel PDCCH channel; see paragraph [0175]),
wherein the target time for applying the change in activation or deactivation of the current cell DRX operation at the first cell is based on one or more uplink synchronization reference points (for example, if the specified trigger condition is satisfied, sending a wake-up message to the base station to request the base station to extend the DTX active time…Preferably, the specified trigger condition includes: an uplink buffer status report UL BSR exceeds a specified threshold; see paragraphs [0034]-[0036]), an indication transmission slot, and a preconfigured delay.
Regarding Claim 20, Chang discloses wherein: the apparatus comprises a user
equipment, and the network entity comprises a base station (see figure 5).
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.
Claim(s) 13 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Xing et al. (Xing), U.S. Patent No. 8,996,044.
Regarding Claim 13, Chang discloses the apparatus as described above.
Chang fails to disclose wherein the one or more processors are configured to cause the apparatus to apply the change in activation or deactivation of the current cell DRX operation at the first cell based on a first timeline for an uplink synchronization reference point associated with the first cell and a second timeline for an uplink synchronization reference point associated with the second cell. Xing discloses wherein the one or more processors are configured to cause the apparatus to apply the change in activation or deactivation of the current cell DRX operation at the first cell based on a first timeline for an uplink synchronization reference point associated with the first cell and a second timeline for an uplink synchronization reference point associated with the second cell (see col. 9, line 44-col. 10, line 17 and col. 10, line 63-col. 11, line 5). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Xing’s invention with Chang’s invention for energy efficiency such as operating in reduced power state as described throughout Xing.
Regarding Claim 17, Chang discloses the apparatus as described above.
Chang fails to disclose wherein the one or more processors are configured to cause the apparatus to receive the target time for applying the change in activation or deactivation of the current cell DRX operation at the first cell from the network entity via a second cell. Xing discloses wherein the one or more processors are configured to cause the apparatus to receive the target time for applying the change in activation or deactivation of the current cell DRX operation at the first cell from the network entity via a second cell (see col. 9, line 44-col. 10, line 17 and col. 10, line 63-col. 11, line 5). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Xing’s invention with Chang’s invention for energy efficiency such as operating in reduced power state as described throughout Xing.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang and Xing in view of Kim et al. (Kim), U.S. Publication No. 2023/0119379.
Regarding Claim 15, Chang and Xing disclose the apparatus wherein the indication transmission slot is a downlink slot on the second timeline as described above. Chang and Xing fail to disclose containing a physical downlink control channel (PDCCH) resource for downlink control information (DCI) in format 2_9. Kim discloses containing a physical downlink control channel (PDCCH) resource for downlink control information (DCI) in format 2_9 (see paragraphs [0343]-[0344]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Kim’s invention with Chang’s and Xing’s invention for reducing the power consumption of a UE in a wireless communication system as described throughout Kim.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang and Xing in view of Moon et al. (Moon), U.S. Publication No. 2024/0267985.
Regarding Claim 16, Chang and Xing disclose the apparatus as described above. Chang and Xing fail to disclose wherein: the first timeline comprises a plurality of uplink slots and a plurality of downlink slots that are aligned in time for the uplink synchronization reference point associated with the first cell; and the second timeline comprises a plurality of uplink slots and a plurality of downlink slots that are aligned in time for the uplink synchronization reference point associated with the second cell. Moon discloses wherein: the first timeline comprises a plurality of uplink slots and a plurality of downlink slots that are aligned in time for the uplink synchronization reference point associated with the first cell; and the second timeline comprises a plurality of uplink slots and a plurality of downlink slots that are aligned in time for the uplink synchronization reference point associated with the second cell (see figure 9). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Moon’s invention with Chang’s and Xing’s invention for increasing power efficiency of a network as described throughout Moon.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Moon.
Regarding Claim 18, Chang discloses the apparatus as described above.
Chang fails to disclose wherein: the preconfigured delay is an integer number of slots; and the integer number depends on a subcarrier spacing (SCS) of a downlink active bandwidth part of the first cell. Moon discloses wherein: the preconfigured delay is an integer number of slots (see figure 9); and the integer number depends on a subcarrier spacing (SCS) of a downlink active bandwidth part of the first cell (see Table 1). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Moon’s invention with Chang’s invention for increasing power efficiency of a network as described throughout Moon.
Regarding Claim 19, Chang discloses the apparatus as described above.
Chang fails to disclose wherein the one or more uplink synchronization reference points comprise base stations or virtual points between base stations. Moon discloses wherein the one or more uplink synchronization reference points comprise base stations (see figures 1 & 12) or virtual points between base stations. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Moon’s invention with Chang’s invention for increasing power efficiency of a network as described throughout Moon.
Claim(s) 1 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang.
Regarding Claims 1 and 10, Chang discloses an apparatus (i.e., schematic
diagram illustrating a base station shown in figure 12) configured for wireless communications (as described in paragraph [0368]), comprising: one or more memories (as described in paragraph [0373]) comprising processor-executable instructions (as described in paragraph [0372]); and one or more processors (i.e., processor shown in figure 11) configured to execute the processor-executable instructions (as described in paragraph [0372]) and cause the apparatus to:
determine a target time for performing a change in activation or deactivation of a current cell (i.e., cells described in paragraphs [0003] and [0005]) discontinuous reception (DRX) operation at a first cell (i.e., acquire extension information of a DTX active time of a base station, where the extension information is used to indicate extension performed by the base station on the DTX active time of the base station…overlapped time of the DTX active time and the DRX active time should be acquired and used as the active time of the UE therefore, considered as the base station determining a target time for performing a change in activation or deactivation of a DRX operation; see paragraphs [0174] and [0175]), the target time determined based on one or more uplink synchronization reference points (for example, if the specified trigger condition is satisfied, sending a wake-up message to the base station to request the base station to extend the DTX active time…Preferably, the specified trigger condition includes: an uplink buffer status report UL BSR exceeds a specified threshold; see paragraphs [0034]-[0036]), an indication transmission slot, and a preconfigured delay;
send, to one or more user equipments (UEs) served in the indication transmission slot by the first cell, the target time for performing the change in activation or deactivation of the current cell DRX operation at the first cell (i.e., acquire extension information of a DTX active time of a base station, where the extension information is used to indicate extension performed by the base station on the DTX active time of the base station…overlapped time of the DTX active time and the DRX active time should be acquired and used as the active time of the UE therefore, considered as the target time for applying a change in activation or deactivation of a DRX operation; see paragraphs [0174] and [0175]. Chang further describes when a base station changes original DTX of the base station, extension information of a DTX active time of the base station is sent, so that UE can learn a latest DTX condition according to a change of DTX on a base station side and therefore can determine a correct active time of the UE with reference to DRX of the UE; see paragraph [0371]).
Although, Chang does not specifically disclose perform the change in activation or deactivation of the current cell DRX operation at the first cell at the target time, Chang does teach the base station sending information on the PDCCH channel to the UE during the DTX active time of base station and the DRX active time of the UE as described in the paragraphs above and paragraphs [0198]-[0201]. Therefore, the base station performs the change in activation or deactivation of the current cell DRX operation at the first cell at the target time where the sending of the information on the PDCCH channel is based on the performed change in activation or deactivation of the DRX operation at the target time. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Chang’s invention for ensuring QoS of the UE as described throughout Chang.
Regarding Claim 9, Chang discloses wherein the apparatus comprises a base station (see figure 5).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Xing.
Regarding Claim 6, Chang discloses the apparatus as described above. Chang
fails to disclose wherein the one or more processors are configured to cause the apparatus to send the target time for performing the change in activation or deactivation of the current cell DRX operation at the first cell using a second cell. Xing discloses wherein the one or more processors are configured to cause the apparatus to send the target time for performing the change in activation or deactivation of the current cell DRX operation at the first cell using a second cell (see col. 9, line 44-col. 10, line 17 and col. 10, line 63-col. 11, line 5). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Xing’s invention with Chang’s invention for energy efficiency such as operating in reduced power state as described throughout Xing.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang in view of Moon.
Regarding Claim 7, Chang discloses the apparatus as described above. Chang
fails to disclose wherein: the preconfigured delay is an integer number of slots; and the integer number depends on a subcarrier spacing (SCS) of a downlink active bandwidth part of the first cell. Moon discloses wherein: the preconfigured delay is an integer number of slots (see figure 9); and the integer number depends on a subcarrier spacing (SCS) of a downlink active bandwidth part of the first cell (see Table 1). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Moon’s invention with Chang’s invention for increasing power efficiency of a network as described throughout Moon.
Regarding Claim 8, Chang discloses the apparatus as described above. Chang
fails to disclose wherein the one or more uplink synchronization reference points comprise base stations or virtual points between base stations. Moon discloses wherein the one or more uplink synchronization reference points comprise base stations (see figures 1 & 12) or virtual points between base stations. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to consider Moon’s invention with Chang’s invention for increasing power efficiency of a network as described throughout Moon.
Allowable Subject Matter
Claims 2-5, 11 and 14 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHANTELL LAKETA HEIBER whose telephone number is (571)272-0886. The examiner can normally be reached on M-F from 9am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Addy, can be reached at telephone number 571-272-7795. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHANTELL L HEIBER/Primary Examiner, Art Unit 2645
April 24, 2026
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