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 .
This office action is in response to the Applicant’s communication filed on 03/16/2028.
In view of applicant’s amendment and arguments regarding objections to the claims, the objection is hereby withdrawn.
In view of applicant’s amendment and arguments regarding double patenting rejection of claims 1, 2, 4 – 7, 9 – 12, 14 – 17, 19 and 20, the rejection(s) is/are hereby withdrawn.
The applicant's arguments to the objections to priority and specification are fully considered, however they are not deemed to be persuasive; for examiner response to the applicant' s arguments see “Response to Arguments” section below.
The applicant’s arguments to the rejection of claims have been considered but are moot in view of new ground(s) of rejections necessitated by the applicant’s amendment.
Response to Amendment
On pages 9 – 10 of the Remarks, the Applicant cites a portion of the specification as filed and argues that “‘cell index” in the claim corresponds to the cell ID”.
However, “cell index” already has an established meaning in the telecommunication industry which is different from “cell ID”.
The Applicant’s attention is respectfully directed to the definition of “cell ID” in Telecom Trainer (https://www.telecomtrainer.com/cell_id-cell-identifier/):
“Cell_ID or Cell Identifier is a unique identifier assigned to each cell in a cellular network. A cellular network is a telecommunications network that provides wireless communication over a large geographic area, by dividing it into small cells. Each cell in the network is assigned a unique identifier called a Cell_ID. The Cell_ID is a critical element in the functioning of the cellular network as it helps to identify the location of the cell and allows mobile devices to connect to the network.”
On the other side, “cell index” relates to carrier aggregation. See, for example, US 20190306924 (par. 0228), US 20250175288 (par. 0141), US 20140112243 (par. 0206).
Thus, contrary to the Applicant’s argument, “cell index” may not be equated to “cell ID”.
Consistent with the well-established axiom in patent law that a patentee or applicant is free to be his or her own lexicographer, a patentee or applicant may use terms in a manner contrary to or inconsistent with one or more of their ordinary meanings if the written description clearly redefines the terms. See, e.g., Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999).
Since no such redefinition of the term “cell index” is presented in the specification as filed (in fact, it does not even mention it), the objections to priority and specification set forth in the previous office action are being maintained.
Moreover, since the Applicant appears to equate “cell index” to “cell ID” in their argument first presented in the response filed on March 13, 2026, a new rejection under 35 USC 112(b) is, therefore, presented since, as stated in MPEP 2173.05(a).III, until the meaning of a term or phrase used in a claim is clear, a rejection under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph is appropriate.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 16/334596, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Specifically, claims 1, 6, 11 and 16 each state “information for a cell index associated with a first synchronization signal”, “and the information for the cell index indicates a cell in which the first synchronization signal is received (transmitted – for claims 6 and 16).” The examiner was not able to find any place in the disclosure of the prior-filed application, Application No. 16/334596, which would support reception of “information for a cell index associated with the first synchronization signal” that “indicates a cell in which the first synchronization signal is received (transmitted – for claims 6 and 16).” Note: “cell index” may not be equated to “cell ID” – see explanation in section Response to Argument above.
Therefore, these features of claims 1, 6, 11 and 16 is not entitled to priority of the prior-filed application.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claims 1, 6, 11 and 16 each state “information for a cell index associated with a first synchronization signal”, “and the information for the cell index indicates a cell in which the first synchronization signal is received (transmitted – for claims 6 and 16).” The examiner was not able to find any place in the specification as filed that would provide support for these features.
Note: “cell index” may not be equated to “cell ID” – see explanation in section Response to Argument above.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, 4 – 7, 9 – 12, 14 – 17, 19 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999).
The term “cell index” in claims 1, 6, 11 and 16 is used by the claim to mean “cell ID”, as per Applicant’s explanation in the Remarks, while the accepted meaning is “parameter related to carrier aggregation”, as explained above in section Response to Argument. The term is indefinite because the specification does not clearly redefine the term.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
Claims 1, 4 – 6, 9 – 11, 14 – 16, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20150050939 (Futaki) in view of US 20110222628 (Chun), US 20130301422 (Caretti) and further in view of one or more of (US 20170195028 (Shimezawa) and/or US 20160095008 (Zhao)).
Regarding claim 1, Futaki teaches “A method performed by a user equipment (UE) in a communication system (FIG 1 and paragraph 0047: The radio communication system 100 includes a radio terminal 2. Similarly, the system is shown in FIG 3 – 5 and 7 as well as paragraph 0101), the method comprising:
receiving, from a base station, first configuration information associated with a first channel state information (CSI) report (paragraph 0053: The terminal measurement procedure includes signaling between the radio station 1 and the radio terminal 2. The radio station 1 requests, using a predetermined request message, the terminal measurement report from the radio terminal 2. The request message specifies at least one of a frequency to be measured, measurement items to be reported, and a measurement period. This corresponds to “first configuration information associated with a first … report”. Paragraph 0102: the terminal measurement report may include Channel State Information (CSI) of the LTE system 100. Paragraph 0108: the eNB 1 may send the terminal measurement report instruction to the UE 2 by using an RRC Connection Reconfiguration. Paragraph 0109: In Step S903, the UE 2 performs measurement of the shared frequency in accordance with the configuration information (Measurement Configuration) of the terminal measurement indicated by the RRC Connection Reconfiguration. Taking all this information together, it is clear that transmission of “first configuration information associated with a first channel state information (CSI) report” at least for LTE system is disclosed)…” “…wherein the first configuration information indicates to use the first synchronization signal for channel measurement for the first…” “…report (paragraphs 0072 – 0073: In Step S201, the radio station 1 transmits a specific signal to carry out the terminal measurement by the radio terminal 2. The specific signal is transmitted at least while the radio terminal 2 performs measurement (Step S103). The specific signal may include a synchronization signal. Paragraph 0075: the measurement report instruction in Step S102 may include configuration information of the specific signal transmitted from the radio station 1. Summarizing, when it is required to perform the measurements using synchronization signal, the measurement report instruction includes specific configuration information for the synchronization signal, thus at least implicitly indicating “to use the first synchronization signal for channel measurement for the first…” “…report”)…”
“…obtaining the first CSI report based on the first configuration information; and transmitting the first CSI report to the base station (paragraphs 0053 – 0058: The radio terminal 2 performs measurement according to the request message. The radio terminal 2 then sends a terminal measurement report indicating the measurement results to the radio station 1. Specific parameters measured are also disclosed. Paragraph 0062: In Step S103, the radio terminal 2 performs measurements in accordance with the terminal measurement report instruction. In Step S104, the radio terminal 2 sends the terminal measurement report including the measurement results to the radio station 1. Paragraph 0101 – 0105: the terminal measurement report may include Channel State Information (CSI) of the LTE system 100),
wherein the first…” “…report includes first…” [measurement] “…associated with the first synchronization signal based on the first configuration information (paragraph 0053: The radio terminal 2 performs measurement of the specified frequency according to the request message (“based on the first configuration information”). Paragraphs 0072 – 0075: In Step S201, the radio station 1 transmits a specific signal to carry out the measurement by the radio terminal 2. The specific signal may include a synchronization signal. The measurement report instruction in Step S102 may include configuration information of the specific signal transmitted from the radio station 1. In other words, when it is a synchronization signal which is transmitted by the base station, the measurement report instruction (“the first configuration information”) thus would clearly indicate to use the synchronization signal for the measurement, and any measurements performed by the terminal and reported to the base station would use the synchronization signal)…”
Although Futaki teaches a) using synchronization signal to perform terminal measurements and reporting them to the base station, and separately teaches b) performing measurements specifically for CSI to also be reported to the base station, Futaki is not explicit on specific case when the CSI measurements and reporting is based on the synchronization signal. In other words, there appears to be no explicit case of using a) and b) together.
Chun in FIG 6 with corresponding description in paragraphs 0048, 0050 and 0073 describes a process in which BS transmits a synchronization signal (step S110), which may be a reference signal (or pilot) for time synchronization, frequency synchronization, frame synchronization, a channel estimation, a BS ID, and the like. A UE estimates each channel of multiple antennas by using the received synchronization signal and the midamble (step S130). When a synchronization signal is transmitted, the UE estimates a channel with respect to the transmission antenna which transmits the synchronization signal through the synchronization signal. The UE may transmit a feedback signal to the BS on the basis of the estimated channels (step S140). The feedback signal may include a CQI (channel quality indicator), a PMI (precoding matrix indicator) for codebook-based precoding in multiple antenna system, an RI (rank indicator) which are known to comprise a CSI. In other words, Chun teaches determination and transmission of “CSI associated with the first synchronization signal”.
Therefore, since Futaki teaches using synchronization signal for various terminal measurements and reporting, and separately teaches performing CSI measurements without explicitly connecting one with another (i.e. that CSI may be measured based on synchronization signal), it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application to utilize disclosed by Chun process of determination of CSI based on synchronization signal, in the system of Futaki. Doing so would have provided an additional type of measurement based on synchronization signal, or alternatively, provided an additional type of signal that may be utilized to perform CSI measurements, thus increasing flexibility of the system with respect to the types of signals that may be used for various measurements.
Next, neither Futaki, nor Chun appear to disclose that “wherein the first CSI associated with the first synchronization signal includes a signal-to-noise and interference ratio (SINR) associated with the first synchronization signal, and wherein the SINR associated with the first synchronization signal corresponds to a wideband.”
Caretti in paragraph 0058 teaches the user equipment measures cell radio quality of the serving cell and of the identified neighbour cells by exploiting the Synchronization Signals (SS) (corresponds to claimed “associated with the first synchronization signal”) transmitted by different cells. The measurements may include the Reference Signal Received Quality (RSRQ), the Signal to [noise and] Interference Ratio of Reference Signals (RS SINR) and the Reference Signals Received Power (RSRP). Cell radio quality measures may be performed over the whole transmission band and thus are denoted as "wideband" (corresponds to claimed “the SINR associated with the first synchronization signal corresponds to a wideband”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application to optionally perform measurement of Signal to Noise and Interference Ratio (SINR) over the whole transmission band (“wideband”) based on synchronization signal, as disclosed by Caretti, in the system of Futaki and Chun. Doing so would have provided relevant information regarding SINR over the entire transmission band.
Lastly, none of the cited references disclose that the first configuration information also includes “information for a cell index associated with a first synchronization signal” which “indicates a cell in which the first synchronization signal is received.”
Note, the term “cell index” is interpreted according to explanation on page 10 of the Applicant’s Remarks to correspond to “cell ID”.
Shimezawa in paragraphs 0976 – 0979 teaches base station configuring DRS (discovery reference signal) for the terminal device to perform measurements and transmit reports. The configuration of the DRS is performed through the higher layer (RRC) signaling and may be regarded as assistant information related to the DRS. The assistant information includes the configuration related to the PSS, SSS, CRS and/or CSI-RS included in this DRS. For example, the assistant information used as the configuration specific to each DRS includes the physical cell ID. This corresponds to the claimed “receiving, from a base station, … information for cell index associated with the first synchronization signal” (which is represented by associated PSS, SSS in the disclosure of Shimezawa). This also corresponds to the claimed “indicates a cell in which the first synchronization signal is received” since the cell ID is for specific DRS including synchronization signals PSS and/or SSS to be used in the measurements.
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application to utilize disclosed by Shimezawa transmission, in the configuration information, physical cell ID corresponding to the synchronization signal to be received by the user equipment, in the system of combined Futaki, Chun and Caretti’s disclosures. Doing so would have provided additional information to the user equipment which may be helpful in performing the measurements requested by the base station.
Additionally or alternatively, Zhao in FIG 1 with corresponding description teaches, in Step S110, User equipment receives a message sent by a first network node, where the message includes measurement instruction information (paragraph 0233). Paragraph 0230 teaches that in addition to the physical cell identifiers (corresponding to the claimed “cell index”) of the neighboring cells, the measurement instruction information further includes: configuration information of reference signals that need to be measured and/or configuration information of discovery signals that need to be measured. In one of the embodiments, the user equipment measures primary synchronization signals (Primary Synchronization Signal, PSS) and secondary synchronization signals (Secondary Synchronization Signal, SSS) of the cells. Also paragraph 0335: the measurement module 1102 of the user equipment is specifically configured to measure reference signals of cells corresponding to the physical cell identifiers; the measured discovery signals may be at least one of primary synchronization signals and secondary synchronization signals (corresponding to the claimed “the cell index indicates a cell in which the first synchronization signal is received”).
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application to utilize disclosed by Zhao transmission, in the configuration information, physical cell ID corresponding to the synchronization signal to be measured by the user equipment, in the system of combined Futaki, Chun and Caretti’s disclosures. Doing so would have specifically indicated the cells in which synchronization signals are to be measured.
Regarding claim 6, this is a claim for a method performed by the base station and which is reciprocal to the method of claim 1. It was shown above with respect to rejection of claim 1 that Futaki, Chun, Caretti and one or more of (Shimezawa and/or Zhao) teach or fairly suggest all steps of the method of claim 1. Therefore, claim 11 is rejected because of the same reasons as set forth in the rejection of claim 1 because they have similar limitations.
Regarding claim 11, this claim is for “a terminal” performing the method claimed in claim 1. It was shown above with respect to rejection of claim 1 that Futaki, Chun, Caretti and one or more of (Shimezawa and/or Zhao) teach or fairly suggest all steps of the method of claim 1. Therefore, claim 11 is rejected because of the same reasons as set forth in the rejection of claim 1 because they have similar limitations. Claim 11 additionally claims “a transceiver” and "a controller”. Although Futaki does not explicitly disclose these components as part of the radio terminal 2, they are, nevertheless, inherently present. Additionally, they are disclosed by Chun in FIG 7 as RF unit 53 and processor 51, respectively.
Regarding claim 16, this claim is for “a base station” performing the method claimed in claim 6. It was shown above with respect to rejection of claim 6 that Futaki, Chun, Caretti and one or more of (Shimezawa and/or Zhao) teach or fairly suggest all steps of the method of claim 6. Therefore, claim 16 is rejected because of the same reasons as set forth in the rejection of claim 6 because they have similar limitations. Claim 16 additionally claims “a transceiver” and "a controller”. Although Futaki does not explicitly disclose these components as part of the radio station 1, they are, nevertheless, inherently present. Additionally, they are disclosed by Caretti in FIG 5 as components 502 – 508 and Microcontroller 506, respectively.
Regarding claims 4, 9, 14 and 19, “further comprising: receiving, from the base station, second configuration information associated with a second CSI report, wherein the second configuration information indicates to use a second synchronization signal for channel measurement for the second CSI report; obtaining the second CSI report based on the second configuration information; and transmitting the second CSI report to the base station, wherein the second CSI report includes second CSI associated with the second synchronization signal based on the second configuration information, wherein the second CSI associated with the second synchronization signal includes a reference signal received power (RSRP) associated with the second synchronization signal, and wherein the RSRP associated with the second synchronization signal corresponds to the wideband.”
Analyzing the claims, it may clearly be seen that the claims essentially repeat the process of their respective parent claims 1, 6, 11 and 16 with the exception of inclusion of “a reference signal received power (RSRP)” instead of “a signal-to-noise and interference ratio (SINR)”, as in respective parent claims. Further, the claims under consideration do not require the transmission and reception of the “second configuration information” simultaneously with transmission and reception of the “first configuration information” of respective parent claims. Therefore, within the concept of broadest reasonable interpretation, the process of claims under consideration which starts with reception of the “second configuration information” may take place at a time entirely different from the time of reception of the “first configuration information” of respective parent claims, such as different day, different week, different month, etc. and there may be no relationship between the process of instant claims and the process of the respective parent claims.
In this respect, Futaki in combination with Chun and Caretti teaches or fairly suggests “further comprising: receiving, from the base station, second configuration information associated with a second CSI report (Futaki, paragraph 0053: The terminal measurement procedure includes signaling between the radio station 1 and the radio terminal 2. The radio station 1 requests, using a predetermined request message, the terminal measurement report from the radio terminal 2. The request message specifies at least one of a frequency to be measured, measurement items to be reported, and a measurement period. This corresponds to “second configuration information associated with a second… report”. Futaki, paragraph 0102: the terminal measurement report may include Channel State Information (CSI) of the LTE system 100. Futaki, paragraph 0108: the eNB 1 may send the terminal measurement report instruction to the UE 2 by using an RRC Connection Reconfiguration. Futaki, paragraph 0109: In Step S903, the UE 2 performs measurement of the shared frequency in accordance with the configuration information (Measurement Configuration) of the terminal measurement indicated by the RRC Connection Reconfiguration. Taking all this information together, it is clear that transmission of “second configuration information associated with a second CSI report” at least for LTE system is disclosed), wherein the second configuration information indicates to use a second synchronization signal for channel measurement for the second CSI report (Futaki, paragraphs 0072 – 0073: In Step S201, the radio station 1 transmits a specific signal to carry out the terminal measurement by the radio terminal 2. The specific signal is transmitted at least while the radio terminal 2 performs measurement (Step S103). The specific signal may include a synchronization signal. Futaki, paragraph 0075: the measurement report instruction in Step S102 may include configuration information of the specific signal transmitted from the radio station 1. Summarizing, when it is required to perform the measurements using synchronization signal, the measurement report instruction includes specific configuration information for the synchronization signal, thus at least implicitly indicating “to use a second synchronization signal for channel measurement for the second…” “…report”. Determination of CSI based on synchronization signal is disclosed by Chun);
obtaining the second CSI report based on the second configuration information; and transmitting the second CSI report to the base station (Futaki, paragraphs 0053 – 0058: The radio terminal 2 performs measurement according to the request message. The radio terminal 2 then sends a terminal measurement report indicating the measurement results to the radio station 1. Specific parameters measured are also disclosed. Futaki, paragraph 0062: In Step S103, the radio terminal 2 performs measurements in accordance with the terminal measurement report instruction. In Step S104, the radio terminal 2 sends the terminal measurement report including the measurement results to the radio station 1. Futaki, paragraph 0101 – 0105: the terminal measurement report may include Channel State Information (CSI) of the LTE system 100),
wherein the second CSI report includes second CSI associated with the second synchronization signal based on the second configuration information (Futaki, paragraph 0053: The radio terminal 2 performs measurement of the specified frequency according to the request message (“based on the second configuration information”). Futaki, paragraphs 0072 – 0075: In Step S201, the radio station 1 transmits a specific signal to carry out the measurement by the radio terminal 2. The specific signal may include a synchronization signal. The measurement report instruction in Step S102 may include configuration information of the specific signal transmitted from the radio station 1. In other words, when it is a synchronization signal which is transmitted by the base station, the measurement report instruction (“the second configuration information”) thus would clearly indicate to use the synchronization signal for the measurement, and any measurements performed by the terminal and reported to the base station would use the synchronization signal. Determination of CSI based on synchronization signal is disclosed by Chun),
wherein the second CSI associated with the second synchronization signal includes a reference signal received power (RSRP) associated with the second synchronization signal (Futaki, paragraphs 0102 - 0103: the terminal measurement report may include Received power (Reference Signal Received Power (RSRP). Also Caretti, paragraph 0058: the user equipment measures cell radio quality of the serving cell and of the identified neighbour cells by exploiting the Synchronization Signals (SS) (corresponds to claimed “associated with the second synchronization signal”) transmitted by different cells. The measurements may include the Reference Signals Received Power (RSRP).), and
wherein the RSRP associated with the second synchronization signal corresponds to the wideband (Caretti, paragraph 0058: Cell radio quality measures may be performed over the whole transmission band and thus are denoted as "wideband").”
Therefore, since all steps of the claims under consideration are disclosed or fairly suggested by the combination of Futaki, Chun and Caretti, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application to receive by the user equipment and transmit by the base station “a second configuration information” requiring measurement and transmission of CSI based on “second synchronization signal” this time to include “a reference signal received power (RSRP)” at some different time from the transmission of the “first configuration information”. Doing so would have allowed estimation, by the components of the communication system, of a different parameter, such as “a reference signal received power (RSRP)”, thus allowing the base station to know at which power a reference signal is received by the user equipment, as opposed to a different type of measurement, such as signal-to-noise an interference ratio performed on the “first configuration information”.
Regarding claims 5, 10, 15 and 20, “further comprising: receiving, from the base station, third configuration information configuring a third CSI report, wherein the third configuration information indicates to use a channel state information reference signal (CSI-RS) for channel measurement for the third CSI report; obtaining the third CSI report based on the third configuration information; and transmitting the third CSI report to the base station, wherein the third CSI report includes third CSI associated with the CSI-RS based on the third configuration information, and wherein the third CSI associated with the CSI-RS includes at least one of a channel quality indicator (CQI), a rank indicator (RI), or a precoding matrix indicator (PMI) associated with the CSI-RS.”
Analyzing the claims, it may clearly be seen that the claims essentially repeat the process of their respective parent claims 1, 6, 11 and 16 with the exception of using “a channel state information reference signal (CSI-RS) for channel measurement for the third CSI report” instead of the synchronization signal as in a respective parent claims, so that the appropriately measured CSI includes “at least one of a channel quality indicator (CQI), a rank indicator (RI), or a precoding matrix indicator (PMI) associated with the CSI-RS” instead of “a signal-to-noise and interference ratio (SINR)”, as in respective parent claims. Further, the claims under consideration do not require the transmission and reception of the “third configuration information” simultaneously with transmission and reception of the “first configuration information” of respective parent claims. Therefore, within the concept of broadest reasonable interpretation, the process of claims under consideration which starts with reception of the “third configuration information” may take place at a time entirely different from the time of reception of the “first configuration information” of respective parent claims, such as different day, different week, different month, etc. and there may be no relationship between the process of instant claims and the process of the respective parent claims.
In this respect, Futaki in combination with Chun and Caretti teaches or fairly suggests “further comprising: receiving, from the base station, third configuration information configuring a third CSI report (Futaki, paragraph 0053: The terminal measurement procedure includes signaling between the radio station 1 and the radio terminal 2. The radio station 1 requests, using a predetermined request message, the terminal measurement report from the radio terminal 2. The request message specifies at least one of a frequency to be measured, measurement items to be reported, and a measurement period. This corresponds to “third configuration information configuring a third… report”. Futaki, paragraph 0102: the terminal measurement report may include Channel State Information (CSI) of the LTE system 100. Futaki, paragraph 0108: the eNB 1 may send the terminal measurement report instruction to the UE 2 by using an RRC Connection Reconfiguration. Futaki, paragraph 0109: In Step S903, the UE 2 performs measurement of the shared frequency in accordance with the configuration information (Measurement Configuration) of the terminal measurement indicated by the RRC Connection Reconfiguration. Taking all this information together, it is clear that transmission of “third configuration information configuring a third CSI report” at least for LTE system is disclosed), wherein the third configuration information indicates to use a channel state information reference signal (CSI-RS) for channel measurement for the third CSI report (Futaki, paragraph 0075: the measurement report instruction in Step S102 may include configuration information of the specific signal transmitted from the radio station 1. Futaki, paragraph 0129: the eNB 1 may transmit the specific signal. The specific signal transmitted on the shared frequency from the eNB 1 may include at least one of a pilot signal, a reference signal, and a synchronization signal. For example, the specific signal may include a reference signal for calculating CSI (CSI Reference Signal (CSI-RS). Summarizing, when it is required to perform the measurements using reference signal, the measurement report instruction includes specific configuration information for the reference signal, thus at least implicitly indicating “to use a channel state information reference signal (CSI-RS) for channel measurement for the third CSI report”.);
obtaining the third CSI report based on the third configuration information; and transmitting the third CSI report to the base station (Futaki, paragraphs 0053 – 0058: The radio terminal 2 performs measurement according to the request message. The radio terminal 2 then sends a terminal measurement report indicating the measurement results to the radio station 1. Specific parameters measured are also disclosed. Futaki, paragraph 0062: In Step S103, the radio terminal 2 performs measurements in accordance with the terminal measurement report instruction. In Step S104, the radio terminal 2 sends the terminal measurement report including the measurement results to the radio station 1. Futaki, paragraph 0101 – 0105: in case of LTE system, the terminal measurement report may include Channel State Information (CSI) of the LTE system 100),
wherein the third CSI report includes third CSI associated with the CSI-RS based on the third configuration information (Futaki, paragraph 0053: The radio terminal 2 performs measurement of the specified frequency according to the request message (“based on the third configuration information”). Futaki, paragraphs 0072 – 0075: In Step S201, the radio station 1 transmits a specific signal to carry out the measurement by the radio terminal 2. The specific signal may include a reference signal. The measurement report instruction in Step S102 may include configuration information of the specific signal transmitted from the radio station 1. In other words, when it is a reference signal which is transmitted by the base station, the measurement report instruction (“the third configuration information”) thus would clearly indicate to use the reference signal for the measurement, and any measurements performed by the terminal and reported to the base station would use the synchronization signal.), and
wherein the third CSI associated with the CSI-RS includes at least one of a channel quality indicator (CQI) (Futaki, paragraphs 0102 – 0105: the terminal measurement report may include communication path quality (Channel Quality Indicator (CQI)), a rank indicator (RI), or a precoding matrix indicator (PMI) associated with the CSI-RS (Caretti, paragraph 0076: UE 112 reports an indicator correlated to the CSI; in this case UE implicitly reports the CSI. In case of implicit reporting, the reported quantity is represented by an index, denoted as PMI (Precoding Matrix Index), of the best element to be picked up in the codebook. Also Chun, paragraph 0073: The UE may transmit a feedback signal to the BS on the basis of the estimated channels (step S140). The feedback signal may include a CQI (channel quality indicator), a PMI (precoding matrix indicator), or an RI (rank indicator)).”
Therefore, since all steps of the claims under consideration are disclosed or fairly suggested by the combination of Futaki, Chun and Caretti, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application to receive by the user equipment and transmit by the base station “a third configuration information” requiring measurement and transmission of CSI based on “a channel state information reference signal (CSI-RS)” to include “at least one of a channel quality indicator (CQI), a rank indicator (RI), or a precoding matrix indicator (PMI)” at some different time from the transmission of the “first configuration information”. Doing so would have allowed estimation, by the components of the communication system, of a different parameter, such as “a channel quality indicator (CQI), a rank indicator (RI), or a precoding matrix indicator (PMI)” using a different reference signal, thus allowing the base station to know plurality of different parameters associated with the condition of the channel between the base station and the user equipment.
Claims 2, 7, 12 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US 20150050939 (Futaki) in view of US 20110222628 (Chun), US 20130301422 (Caretti) and one or more of (US 20170195028 (Shimezawa) and/or US 20160095008 (Zhao)) as applied to claims 1, 6, 11 and 16 above, and further in view of US 20140254715 (Bareev).
Regarding claims 2, 7, 12 and 17, Futaki does not teach “wherein a single antenna port is defined for the first synchronization signal and a physical channel associated with the first synchronization signal is received based on the single antenna port.”
Bareev teaches in paragraph 0020 that in LTE, downlink synchronization signals are assigned to a single logical antenna port. Paragraph 0021: To support synchronization in LTE, there are special downlink physical synchronization signals (primary and secondary). Since, as stated in paragraph 0020, synchronization signals are assigned to a single logical antenna port, these physical downlink synchronization signals are, therefore, transmitted and “received based on the single antenna port”
Therefore, it would have been obvious to a person of ordinary skill in the art at the effective filing date of the application to assign a single logical antenna port for the downlink synchronization signals, as disclosed by Bareev, in the system of Futaki. Doing so would have simply conformed to the LTE standard.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
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/GENNADIY TSVEY/ Primary Examiner, Art Unit 2648
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