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
This Office Action is in response to the Applicants' communication filed on 9/20/2023. In virtue of this communication, claims 1-30 are currently presented in the instant application.
Claim Rejections - 35 USC § 102
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 1-8, 11-18, 21-30 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention as being anticipated by US Patent Application Publication 20190116585 (hereinafter referred to as Chakraborty).
Consider claim 1, Chakraborty teaches a user equipment (UE) for wireless communication (see at least ¶ [0009], “…UE for wireless communication…”), comprising:
a memory (see at least ¶ [0009], “…a memory…”); and
one or more processors, coupled to the memory (see at least ¶ [0009], “…a processor operatively coupled with the memory and the communication interface…”), configured to:
receive a configuration that includes trigger information for generating a measurement report for one or more candidate secondary cells after receiving an activation command that activates a secondary cell for which the UE has not reported measurements (see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information. …To facilitate accelerated SCell activation, the SCell pre-configuration information provides the UE with certain SCell information to quickly detect and measure the SCell(s) for configuring CA…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”);
receive the activation command (see at least ¶ [0091], “…the scheduling entity may use the communication circuit 542 (e.g., SCell activation block) to transmit a control message to the UE to initiate the accelerated SCell activation procedure to establish a connection between the UE and one or more SCells based on the SCell pre-configuration information…”); and
transmit the measurement report based at least in part on the activation command and the trigger information (see at least ¶ [0093], “…the scheduling entity may receive a measurement report of the UE-specific reference signals from the UE. The measurement report indicates the best or preferred SCell(s) for a CA configuration. Based on the measurement report, the scheduling entity may configure the best or preferred SCells to be the active SCells in a CA configuration for the UE…”).
Consider claim 11, Chakraborty teaches a network entity for wireless communication (see at least ¶ [0008], “…a scheduling entity of a PCell…”), comprising:
a memory (see at least ¶ [0008], “…memory…”); and
one or more processors, coupled to the memory (see at least ¶ [0008], “…a processor operatively coupled with the memory and the communication interface…”), configured to:
transmit a configuration that includes trigger information for generating a measurement report for one or more candidate secondary cells after receiving an activation command that activates a secondary cell (see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information. …To facilitate accelerated SCell activation, the SCell pre-configuration information provides the UE with certain SCell information to quickly detect and measure the SCell(s) for configuring CA…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”);
transmit the activation command (see at least ¶ [0091], “…the scheduling entity may use the communication circuit 542 (e.g., SCell activation block) to transmit a control message to the UE to initiate the accelerated SCell activation procedure to establish a connection between the UE and one or more SCells based on the SCell pre-configuration information…”); and
receive the measurement report based at least in part on the activation command and the trigger information (see at least ¶ [0093], “…the scheduling entity may receive a measurement report of the UE-specific reference signals from the UE. The measurement report indicates the best or preferred SCell(s) for a CA configuration. Based on the measurement report, the scheduling entity may configure the best or preferred SCells to be the active SCells in a CA configuration for the UE…”).
Consider claim 21, Chakraborty teaches a method of wireless communication performed by a user equipment (UE) (see at least Fig. 10, 11, UE 1102), comprising:
receiving a configuration that includes trigger information for generating a measurement report for one or more candidate secondary cells after receiving an activation command that activates a secondary cell for which the UE has not reported measurements (see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information. …To facilitate accelerated SCell activation, the SCell pre-configuration information provides the UE with certain SCell information to quickly detect and measure the SCell(s) for configuring CA…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”);
receiving the activation command (see at least ¶ [0091], “…the scheduling entity may use the communication circuit 542 (e.g., SCell activation block) to transmit a control message to the UE to initiate the accelerated SCell activation procedure to establish a connection between the UE and one or more SCells based on the SCell pre-configuration information…”); and
transmitting the measurement report based at least in part on the activation command and the trigger information (see at least ¶ [0093], “…the scheduling entity may receive a measurement report of the UE-specific reference signals from the UE. The measurement report indicates the best or preferred SCell(s) for a CA configuration. Based on the measurement report, the scheduling entity may configure the best or preferred SCells to be the active SCells in a CA configuration for the UE…”).
Consider claim 29, Chakraborty teaches a method of wireless communication performed by a network entity (see at least Fig. 10, 11, scheduling entity of a PCell 1104), comprising:
transmitting a configuration that includes trigger information for generating a measurement report for one or more candidate secondary cells after receiving an activation command that activates a secondary cell (see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information. …To facilitate accelerated SCell activation, the SCell pre-configuration information provides the UE with certain SCell information to quickly detect and measure the SCell(s) for configuring CA…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”);
transmitting the activation command (see at least ¶ [0091], “…the scheduling entity may use the communication circuit 542 (e.g., SCell activation block) to transmit a control message to the UE to initiate the accelerated SCell activation procedure to establish a connection between the UE and one or more SCells based on the SCell pre-configuration information…”); and
receiving the measurement report based at least in part on the activation command and the trigger information (see at least ¶ [0093], “…the scheduling entity may receive a measurement report of the UE-specific reference signals from the UE. The measurement report indicates the best or preferred SCell(s) for a CA configuration. Based on the measurement report, the scheduling entity may configure the best or preferred SCells to be the active SCells in a CA configuration for the UE…”).
Consider claims 2, 12, 22, 30 (depends on at least claims 1, 11, 21, 29), Chakraborty discloses the limitations of claims 1, 11, 21, 29 as applied to claim rejection 1, 11, 21, 29 above and further discloses:
Chakraborty teaches wherein the configuration is of a configuration type that is specific to reporting measurements for candidate secondary cells after receiving an activation command that activates a secondary cell for which the UE has not reported measurements (see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”).
Consider claims 3, 13, 23 (depends on at least claims 1, 11, 21), Chakraborty discloses the limitations of claims 1, 11, 21 as applied to claim rejection 1, 11, 21 above and further discloses:
Chakraborty teaches wherein the trigger information includes a report configuration identifier that indicates a report type that is specific to reporting measurements for candidate secondary cells after receiving an activation command that activates a secondary cell for which the UE has not reported measurements (see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information. …To facilitate accelerated SCell activation, the SCell pre-configuration information provides the UE with certain SCell information to quickly detect and measure the SCell(s) for configuring CA…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”).
Consider claims 4, 14, 24 (depends on at least claims 1, 11, 21), Chakraborty discloses the limitations of claims 1, 11, 21 as applied to claim rejection 1, 11, 21 above and further discloses:
Chakraborty teaches wherein the trigger information includes an element that is specific to reporting measurements for candidate secondary cells after receiving an activation command that activates a secondary cell for which the UE has not reported measurements (see at least ¶ [0027], “…the reconfiguration, activation, deactivation, addition, and removal of SCells/CCs are performed by the PCell through, for example, RRC signaling or MAC control element signaling…” and see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information. …To facilitate accelerated SCell activation, the SCell pre-configuration information provides the UE with certain SCell information to quickly detect and measure the SCell(s) for configuring CA…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”).
Consider claims 5, 15, 25 (depends on at least claims 1, 11, 21), Chakraborty discloses the limitations of claims 1, 11, 21 as applied to claim rejection 1, 11, 21 above and further discloses:
Chakraborty teaches wherein the trigger information includes a trigger condition associated with an unknown cell and that is specific to reporting measurements for candidate secondary cells after receiving an activation command that activates a secondary cell for which the UE has not reported measurements (see at least ¶ [0057], “…the UE 304 may be in an idle mode and monitors for page messages from the PCell that may contain a wake-up or activation trigger of the SCells 306…” and see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information. …To facilitate accelerated SCell activation, the SCell pre-configuration information provides the UE with certain SCell information to quickly detect and measure the SCell(s) for configuring CA…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”).
Consider claims 6, 16, 26 (depends on at least claims 1, 11, 21), Chakraborty discloses the limitations of claims 1, 11, 21 as applied to claim rejection 1, 11, 21 above and further discloses:
Chakraborty teaches wherein the trigger information includes an event identifier that is specific to reporting measurements for candidate secondary cells after receiving an activation command that activates a secondary cell for which the UE has not reported measurements (see at least ¶ [0084], “…The UE contexts may indicate the UE's CA capability, for example, bands, carriers, and bandwidth parts supported in one or more CA configurations. The UE contexts may also indicate the UE's supported beam recovery and training configuration. Based on the CA capability of the BS and UE, the supplemental wake-up information may provide information for activating specific SCells for CA…” and see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information. …To facilitate accelerated SCell activation, the SCell pre-configuration information provides the UE with certain SCell information to quickly detect and measure the SCell(s) for configuring CA…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”).
Consider claims 7, 17, 27 (depends on at least claims 1, 11, 21), Chakraborty discloses the limitations of claims 1, 11, 21 as applied to claim rejection 1, 11, 21 above and further discloses:
Chakraborty teaches wherein the trigger information includes a trigger condition associated with secondary cells and that is specific to reporting measurements for candidate secondary cells after receiving an activation command that activates a secondary cell for which the UE has not reported measurements (see at least ¶ [0091], “…the scheduling entity transmits SCell pre-configuration information to the UE to facilitate an accelerated SCell activation procedure. …the scheduling entity may use the communication block 542 (e.g., SCell pre-configuration block) to transmit the SCell pre-configuration information. …To facilitate accelerated SCell activation, the SCell pre-configuration information provides the UE with certain SCell information to quickly detect and measure the SCell(s) for configuring CA…” and see at least ¶ [0106], “…The UE 1102 may or may not send measurement reports to PCell gNB in a certain SCell activation procedure…”).
Consider claims 8, 18, 28 (depends on at least claims 1, 11, 21), Chakraborty discloses the limitations of claims 1, 11, 21 as applied to claim rejection 1, 11, 21 above and further discloses:
Chakraborty teaches wherein the configuration expires based at least in part on the measurement report not being transmitted within a specified amount of time (see at least ¶ [0048], “…UE 224 (illustrated as a vehicle, although any suitable form of UE may be used) may move from the geographic area corresponding to its serving cell 202 to the geographic area corresponding to a neighbor cell 206. When the signal strength or quality from the neighbor cell 206 exceeds that of its serving cell 202 for a given amount of time, the UE 224 may transmit a reporting message to its serving base station 210 indicating this condition…”).
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.
Claims 9, 10, 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 20190116585 (hereinafter referred to as Chakraborty) in view of WO 2024026720 (hereinafter referred to as Cui).
Consider claims 9, 19 (depends on at least claims 1, 11), Chakraborty discloses the limitations of claims 1, 11 as applied to claim rejection 1, 11 above and further discloses:
Chakraborty disclose all the subject matters of the claimed invention concept. However, Chakraborty does not particularly disclose wherein the measurement report includes Layer 3 measurements in a Layer 1 framework. In an analogous field of endeavor, attention is directed to Cui, which teaches wherein the measurement report includes Layer 3 measurements in a Layer 1 framework (see Cui, at least ¶ [0082], “…a new UE capability signaling is designed for indicating to the network that the UE can support L3 and/or L1 enhancement for SCell activation, which can shorten the SCell activation period. The new UE capability may be designed as a unified capability for L3 and/or L1 enhancement, or may be designed as differentiated capabilities for L3 enhancement and/or L1 enhancement. …”).
Therefore, it would have been obvious a finding that one of ordinary skill in the art before the effective filing date of the claimed invention could have combined the elements as claimed by the know method, and that in combination. Each element merely performs the same function as it does separately; Chakraborty disclosed invention, and have wherein the measurement report includes Layer 3 measurements in a Layer 1 framework, as taught by Cui, thereby, to provide a method, comprising: by a user equipment (UE) , transmitting to a network a capability indicator that indicates that the UE can support a shorten Secondary Cell (SCell) activation period, as discussed by Cui, (see at least ¶ [0009]).
Consider claims 10, 20 (depends on at least claims 1, 11), Chakraborty discloses the limitations of claims 1, 11 as applied to claim rejection 1, 11 above and further discloses:
Chakraborty disclose all the subject matters of the claimed invention concept. However, Chakraborty does not particularly disclose wherein the measurement report includes Layer 1 measurements. In an analogous field of endeavor, attention is directed to Cui, which teaches wherein the measurement report includes Layer 1 measurements (see Cui, at least ¶ [0082], “…a new UE capability signaling is designed for indicating to the network that the UE can support L3 and/or L1 enhancement for SCell activation, which can shorten the SCell activation period. The new UE capability may be designed as a unified capability for L3 and/or L1 enhancement, or may be designed as differentiated capabilities for L3 enhancement and/or L1 enhancement. …”).
Therefore, it would have been obvious a finding that one of ordinary skill in the art before the effective filing date of the claimed invention could have combined the elements as claimed by the know method, and that in combination. Each element merely performs the same function as it does separately; Chakraborty disclosed invention, and have wherein the measurement report includes Layer 1 measurements, as taught by Cui, thereby, to provide a method, comprising: by a user equipment (UE) , transmitting to a network a capability indicator that indicates that the UE can support a shorten Secondary Cell (SCell) activation period, as discussed by Cui, (see at least ¶ [0009]).
Conclusion
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/CHUONG A NGO/ Primary Examiner, Art Unit 2645