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 communication filed on 03/04/2026.
Claims 1, 4-5, 7-8, 14, 16-17, 20-31 are pending and rejected. Claims 2-3, 6, 9-13, 15, and 18-19 are cancelled. Claims 21-31 are new.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/04/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim 1 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.
Claim 1 recites: “…performing, by the terminal device, the random access procedure for a serving cell BFR using a random access resource for cell BFR, when the random access resource for cell BFR is configured for the serving cell;…”.
The claim recites a serving cell BFR. A serving cell is understood, but the term serving cell BFR is not. The specification makes mention on serving cell BFR on paragraphs “[0050] …in case of TRP beam failure in the serving cell, the terminal device initiates the random access procedure to perform beam recovery for the TRP for which beam failure occurs, thereby solving the problem of a BFR for the serving cell (serving cell BFR)” and “[0067]… a random access resource for cell BFR has been configured for the serving cell, when beam failure occurs, the terminal device performs the random access procedure for BFR for the serving cell (serving cell BFR) using the random access resource for cell BFR.” . This is not clearly reflected in the claim. It is not clear what condition in the limitation is required or what condition is not required for the random access procedure. Therefore, the claim is indefinite.
Claims 21, 24 and 30 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.
Claims 21 “…on condition that the Serving Cell has only one TRP:
if the Serving Cell is a secondary cell, SCell, transmitting, by the terminal device, the BFR MAC CE for the SCell when the beam failure occurs for the TRP; else,
if the Serving Cell is a special cell, SpCell, initiating, by the terminal device, the random access procedure on the SpCell when the beam failure occurs for the TRP;
on condition that the Serving Cell is configured with two TRPs:
if the Serving Cell is the SCell, initiating, by the terminal device, the BFR by transmitting the BFR MAC CE;
if the Serving Cell is a primary cell, PCell or a primary secondary cell, PSCell, initiating, by the terminal device, the BFR by initiating the random access procedure or transmitting the BFR MAC CE”. The condition for only one TRP and the condition for two TRPs cannot occur at the same time and therefore, it is not clear what condition is required or what condition is not required. The optionality between one and two TRP as presented in the claim is not clear. Therefore, the scope of the claim is indefinite. Similar language is found in claims 24 and 30.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-5, 7-8, 14, 17, 20-24, 26-30 are rejected under 35 U.S.C. 103 as being unpatentable by Kim et al (US 20190215863 A1) (hereinafter “Kim”) in view of Koskela et al (US 20230199529 A1) (hereinafter “Koskela”).
Regarding claim 1, Kim discloses a beam failure recovery (BFR) method (see para. [0002];[0006]-[0012] discloses method and apparatus for recovery of a beam currently in use when is unavailable (or fails)), comprising:
initiating, by a terminal device, a random access procedure (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency), or
transmitting, by the terminal device, a BFR media access control, MAC, control element, CE (This part is optional),
when beam failure occurs for a transmit receive point (TRP) in a serving cell (see Fig. 1D, para. [0102] discloses base station or transmission/reception point (TRP) in a cell is considered),
wherein the random access procedure or the BFR MAC CE (This part is optional) is used for beam recovery for the TRP (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency);
wherein initiating, by the terminal device, the random access procedure (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency) or
transmitting, by the terminal device, a BFR media access control, MAC, control element, CE (This part is optional), comprises:
performing, by the terminal device, the random access procedure for a serving cell BFR using a random access resource for cell BFR (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency), when the random access resource for cell BFR is configured for the serving cell (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency); or
transmitting, by the terminal device, the BFR MAC CE for the TRP for which beam failure occurs (This part is optional);
wherein the method further comprises:
carrying, by the terminal device, indication information in Msg3/MsgA in the random access procedure for the serving cell BFR (see para. [0117] discloses Msg3 transmitted according to the uplink resource allocation included in the RAR message, includes C-RNTI MAC CE),
wherein the indication information indicates TRP information corresponding to a network device corresponding to the serving cell (see para. [0117] discloses Msg3 transmitted according to the uplink resource allocation included in the RAR message, includes C-RNTI MAC CE); or
carrying, by the terminal device, the indication information in the BFR MAC CE (This part is optional);
Kim fails to disclose but Koskela teaches wherein the indication information comprises:
serving cell information (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information);
information on the TRP for which beam failure occurs (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information, full or partial failure);
information on whether there is an available beam (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information, full or partial failure); and
information on the available beam (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information).
Kim and Koskela are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the information as described by Koskela.
The motivation to combine both references would come from improving beam recovery.
Regarding claim 4, Kim discloses a method (see para. [0002];[0006]-[0012] discloses method and apparatus for recovery of a beam currently in use when is unavailable (or fails)), wherein:
a random access resource for TRP BFR is not configured for the TRP corresponding to the serving cell by the network device corresponding to the serving cell (see Fig. 1G (1g-11) para. [0121];[0124] discloses set of random access for each beam and or PRACH on time/frequency; example where among 8 beams resource is dedicated to beam 1 to 4, but dedicated resource is not configured to beams 5 to 8).
Regarding claim 5, Kim discloses a method (see para. [0002];[0006]-[0012] discloses method and apparatus for recovery of a beam currently in use when is unavailable (or fails)), wherein initiating, by the terminal device, the random access procedure further comprises:
initiating, by the terminal device, a contention-based random access procedure (see Fig. 1F (1f-21- 1f-29), para. [0030];[0114]-[0118] discloses contention based BFR; contention based beam failure recovery method) , and carrying, by the terminal device, indication information in Msg3/MsgA in the contention-based random access procedure (see Fig. 1F (1f-27, Msg3)),
wherein the indication information indicates the TRP information corresponding to the network device corresponding to the serving cell (see Fig. 1F (1f-27, Msg3 including C-RNTI MAC CE)).
Regarding claim 7, Kim discloses a method (see para. [0002];[0006]-[0012] discloses method and apparatus for recovery of a beam currently in use when is unavailable (or fails)), wherein the information on the available beam comprises at least one of:
identification of the available beam (This part is optional);
an SSB index corresponding to the available beam (see para. [0109];[0115];[0125] discloses terminal selects a beam corresponding to a best signal among beams having a larger reception signal than SSB- Threshold or CSI-Threshold, reference signal may be a reference signal SS or may be a Channel State information (CSI-RS)); and
a channel state information-reference signal (CSI-RS) index corresponding to the available beam (see para. [0109];[0115];[0125] discloses terminal selects a beam corresponding to a best signal among beams having a larger reception signal than SSB- Threshold or CSI-Threshold, reference signal may be a reference signal SS or may be a Channel State information (CSI-RS)).
Regarding claim 8, Kim discloses a method (see para. [0002];[0006]-[0012] discloses method and apparatus for recovery of a beam currently in use when
is unavailable (or fails)), wherein the TRP in the serving cell is represented by a control
resource set (CORESET) (see para. [0397] discloses the terminal receives CORESETS in time and frequency resources indicated by CSS),
a CORESET pool (see Fig. 4D (CORESET #1, CORESET #2, para. [0065];[0395] discloses plurality of CORESETS ), or
a reference signal set (see para. [0115] discloses threshold value set by the base station based on a received signal strength of a reference signal which the base station transmits by each beam).
Regarding claim 14, Kim discloses a method (see para. [0002];[0006]-[0012] discloses method and apparatus for recovery of a beam currently in use when is unavailable (or fails))
wherein the serving cell comprises a primary cell (PCell) (see para. [0147] discloses UE is configured with and use a plurality carrier aggregation with a primary cell referred as PCell and a secondary cell referred as SCell. For dual connectivity technique, when the cell in which the beam failure occurs is PSCell (i.e., a representative cell of not a main base station but a sub main station in a multiple connection technique (a technique of simultaneously using two base stations)), it is reported to the main base station that a problem occurs in the sub base station),
a primary secondary cell (PSCell) (see para. [0147] discloses UE is configured with and use a plurality carrier aggregation with a primary cell referred as PCell and a secondary cell referred as SCell. For dual connectivity technique, when the cell in which the beam failure occurs is PSCell (i.e., a representative cell of not a main base station but a sub main station in a multiple connection technique (a technique of simultaneously using two base stations)), it is reported to the main base station that a problem occurs in the sub base station), or
a secondary cell (SCell) (see para. [0147] discloses UE is configured with and use a plurality carrier aggregation with a primary cell referred as PCell and a secondary cell referred as SCell. For dual connectivity technique, when the cell in which the beam failure occurs is PSCell (i.e., a representative cell of not a main base station but a sub main station in a multiple connection technique (a technique of simultaneously using two base stations)), it is reported to the main base station that a problem occurs in the sub base station).
Regarding claim 17, Kim discloses a terminal device, comprising:
a processor and a memory (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor), wherein the memory is configured to store computer programs (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor), and the processor is configured to execute the computer programs stored in the memory (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor) to cause the terminal device to:
initiate a random access procedure (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency) or
transmitting, by the terminal device, a BFR media access control, MAC, control element, CE (This part is optional),
when beam failure occurs for a transmit receive point (TRP) in a serving cell (see Fig. 1D, para. [0102] discloses base station or transmission/reception point (TRP) in a cell is considered),
wherein the random access procedure or
the BFR MAC CE (This part is optional) is used for beam recovery for the TRP (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency);
wherein the processor is further configured to execute the computer programs stored in the memory to cause the terminal device (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor) to:
perform the random access procedure for a serving cell BFR using a random access resource for cell BFR, when the random access resource for cell BFR is configured for the serving cell (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency); or
transmit the BFR MAC CE for the TRP for which beam failure occurs (This part is optinal);
wherein the processor is further configured to (This part is optional):
carry indication information in Msg3/MsgA in the random access procedure for the serving cell BFR, wherein the indication information indicates TRP information corresponding to a network device corresponding to the serving cell; or
carry the indication information in the BFR MAC CE (This part is optional);
Kim fails to disclose but Koskela teaches wherein the indication information comprises:
serving cell information (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information);
information on the TRP for which beam failure occurs (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information);
information on whether there is an available beam (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information); and
information on the available beam (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information).
Kim and Koskela are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the information as described by Koskela.
The motivation to combine both references would come from improving beam recovery.
Regarding claim 20, Kim discloses a terminal device (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor), wherein a random access resource for TRP BFR is not configured for the TRP corresponding to the serving cell by the network device corresponding to the serving cell (see Fig. 1G (1g-11) para. [0121];[0124] discloses set of random access for each beam and or PRACH on time/frequency; example where among 8 beams resource is dedicated to beam 1 to 4, but dedicated resource is not configured to beams 5 to 8).
Regarding claim 21, Kim discloses a method (see para. [0002];[0006]-[0012] discloses method and apparatus for recovery of a beam currently in use when is unavailable (or fails)).
Kim fails to disclose but Koskela teaches a method further comprising:
on condition that the Serving Cell has only one TRP (This part is optional):
if the Serving Cell is a secondary cell, SCell, transmitting, by the terminal device, the BFR MAC CE for the SCell when the beam failure occurs for the TRP (This part is optional); else, if the Serving Cell is a special cell, SpCell, initiating, by the terminal device, the random access procedure on the SpCell when the beam failure occurs for the TRP (This part is optional);
on condition that the Serving Cell is configured with two TRPs (see para. [0076] discloses scenario with multiple TRPs)
if the Serving Cell is the SCell, initiating, by the terminal device, the BFR by transmitting the BFR MAC CE (see para. [0084] discloses beam failure on a first cell (e.g. SCell) the UE transmits the serving cell recovery signaling on second serving cell (e.g. PCell) using MAC CE and includes first serving cell information); if the Serving Cell is a primary cell, PCell or a primary secondary cell, PSCell, initiating, by the terminal device, the BFR by initiating the random access procedure or transmitting the BFR MAC CE (see para. [0084] discloses beam failure on a first cell (e.g. SCell) the UE transmits the serving cell recovery signaling on second serving cell (e.g. PCell) using MAC CE and includes first serving cell information).
Kim and Koskela are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the MAC CE as described by Koskela.
The motivation to combine both references would come from improving beam recovery.
Regarding claim 22, Kim terminal device (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor), wherein the information on the available beam comprises at least one of:
identification of the available beam (see para. [0109];[0115];[0125] discloses terminal selects a beam corresponding to a best signal among beams having a larger reception signal than SSB- Threshold or CSI-Threshold, reference signal may be a reference signal SS or may be a Channel State information (CSI-RS));
an SSB index corresponding to the available beam (see para. [0109];[0115];[0125] discloses terminal selects a beam corresponding to a best signal among beams having a larger reception signal than SSB- Threshold or CSI-Threshold, reference signal may be a reference signal SS or may be a Channel State information (CSI-RS)); and
a channel state information-reference signal (CSI-RS) index corresponding to the available beam (see para. [0109];[0115];[0125] discloses terminal selects a beam corresponding to a best signal among beams having a larger reception signal than SSB- Threshold or CSI-Threshold, reference signal may be a reference signal SS or may be a Channel State information (CSI-RS)).
Regarding claim 23, Kim discloses a terminal device (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor), wherein the TRP in the serving cell is represented by a control resource set (CORESET) (see para. [0397] discloses the terminal receives CORESETS in time and frequency resources indicated by CSS),
a CORESET pool (see Fig. 4D (CORESET #1, CORESET #2, para. [0065];[0395] discloses plurality of CORESETS ), or
a reference signal set (see para. [0115] discloses threshold value set by the base station based on a received signal strength of a reference signal which the base station transmits by each beam).
Regarding claim 24, Kim discloses a terminal device (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor).
Kim fails to disclose but Koskela teaches wherein the processor is further configured to execute the computer programs stored in the memory to cause the terminal device (see para. [0039] discloses processor and memory with program) to:
on condition that the Serving Cell has only one TRP (This part is optional):
if the Serving Cell is a secondary cell, SCell, transmit the BFR MAC CE for the SCell when the beam failure occurs for the TRP (This part is optional); else, if the Serving Cell is a special cell, SpCell, initiate the random access procedure on the SpCell when the beam failure occurs for the TRP (This part is optional);
on condition that the Serving Cell is configured with two TRPs (see para. [0076] discloses scenario with multiple TRPs):
if the Serving Cell is the SCell, initiate the BFR by transmitting the BFR MAC CE (see para. [0084] discloses beam failure on a first cell (e.g. SCell) the UE transmits the serving cell recovery signaling on second serving cell (e.g. PCell) using MAC CE and includes first serving cell information);
if the Serving Cell is a primary cell, PCell or a primary secondary cell, PSCell, initiate the BFR by initiating the random access procedure or transmitting the BFR MAC CE (see para. [0084] discloses beam failure on a first cell (e.g. SCell) the UE transmits the serving cell recovery signaling on second serving cell (e.g. PCell) using MAC CE and includes first serving cell information).
Kim and Koskela are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the MAC CE as described by Koskela.
The motivation to combine both references would come from improving beam recovery.
Regarding claim 26, Kim discloses a terminal device (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor),
wherein the serving cell comprises a primary cell (PCell) (see para. [0147] discloses UE is configured with and use a plurality carrier aggregation with a primary cell referred as PCell and a secondary cell referred as SCell. For dual connectivity technique, when the cell in which the beam failure occurs is PSCell (i.e., a representative cell of not a main base station but a sub main station in a multiple connection technique (a technique of simultaneously using two base stations)), it is reported to the main base station that a problem occurs in the sub base station),
a primary secondary cell (PSCell) (see para. [0147] discloses UE is configured with and use a plurality carrier aggregation with a primary cell referred as PCell and a secondary cell referred as SCell. For dual connectivity technique, when the cell in which the beam failure occurs is PSCell (i.e., a representative cell of not a main base station but a sub main station in a multiple connection technique (a technique of simultaneously using two base stations)), it is reported to the main base station that a problem occurs in the sub base station), or
a secondary cell (SCell) (see para. [0147] discloses UE is configured with and use a plurality carrier aggregation with a primary cell referred as PCell and a secondary cell referred as SCell. For dual connectivity technique, when the cell in which the beam failure occurs is PSCell (i.e., a representative cell of not a main base station but a sub main station in a multiple connection technique (a technique of simultaneously using two base stations)), it is reported to the main base station that a problem occurs in the sub base station).
Regarding claim 27, Kim discloses a network device (see Fig, 2N, Fig. 3N, Fig. 4K para. [0255]-[0260]; [0361]-[0368];[0431] discloses TRP or base station, in the wireless communication system, includes RF processor, to transmit and receive signal, may perform beamforming, and conversion functions. Controller controls overall operation), comprising:
a processor and a memory (see Fig. 2N (2n-40), Fig. 3N(3N-40), Fig. 4K (4K-40), para [0255] discloses memory), wherein the memory is configured to store computer programs (see para. [0078] discloses program instructions stored in memory and executed by processor), and the processor is configured to execute the computer programs stored in the memory (see para. [0078] discloses program instructions stored in memory and executed by processor) to cause the network device to:
receive a random access signal (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency) or a BFR media access control, MAC, control element, CE from a terminal device (This part is optional),
wherein the random access signal or the BFR MAC CE is used for beam recovery for a transmit receive point (TRP) in a serving cell for which beam failure occurs (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency); and
determining, according to the random access signal, a serving cell and/or a TRP for which TRP beam failure occurs (see para. [0006];[0011]-[0013];[0135]-[0137] discloses when communication may be broken due to movement of the terminal, is referred as beam failure, and the need for recovering a beam; a terminal device performs Random Access-RA procedure for beam failure recovery-BFR, the procedure can be contention based or contention-free. The base station performs random access procedure for the BFR with the terminal; the terminal receives configuration message from the base station to receive dedicated resource and beam failure recovery related configuration that may be used when beam failure occurs, dedicated resource information which may be used when the beam failure occurs and includes random access preamble identifiers for each beam or preamble transmission resource (PRACH) on time/frequency).
Kim fails to disclose but Koskela teaches wherein the processor is further configured to execute the computer programs stored in the memory (see Fig. 7 (710 CTRL, 730 Memory), Fig, 8 (810 CTRL, 830 Memory), para. [0004];[0122] discloses processor and memory including program; processor and at least one memory including program) to cause the network device to:
determine according to indication information carried in the random access signal or the MAC CE, the serving cell and/or the TRP for which beam failure occurs (see Fig. 2 (204) indication fata indicates beam failure on at least one TRP),
wherein the indication information indicates TRP information corresponding to a network device corresponding to the serving cell;
wherein the indication information comprises:
serving cell information (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information);
information on the TRP for which beam failure occurs (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information);
information on whether there is an available beam (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information); and
information on the available beam (see para. [0049] discloses UE monitors beam failure, failure may be indicated for both SpCell and one or more SCell, providing information of the failure such as failed TRP, candidate beam information).
Kim and Koskela are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the information as described by Koskela.
The motivation to combine both references would come from improving beam recovery.
Regarding claim 28, Kim discloses a network device (see Fig, 2N, Fig. 3N, Fig. 4K para. [0255]-[0260]; [0361]-[0368];[0431] discloses TRP or base station, in the wireless communication system, includes RF processor, to transmit and receive signal, may perform beamforming, and conversion functions. Controller controls overall operation), wherein the information on the available beam comprises at least one of:
identification of the available beam (see para. [0109];[0115];[0123]-[0124] discloses the terminal selects a beam corresponding to a best signal among beams having a larger reception signal than SSB-threshold or CSI- threshold, based on a received signal strength of a reference signal which the base station transmits by each beam);
an SSB index corresponding to the available beam (see para. [0109];[0115];[0123]-[0124] discloses the terminal selects a beam corresponding to a best signal among beams having a larger reception signal than SSB-threshold or CSI- threshold, based on a received signal strength of a reference signal which the base station transmits by each beam); and
a channel state information-reference signal (CSI-RS) index corresponding to the available beam (see para. [0109];[0115];[0123]-[0124] discloses the terminal selects a beam corresponding to a best signal among beams having a larger reception signal than SSB-threshold or CSI- threshold, based on a received signal strength of a reference signal which the base station transmits by each beam).
Regarding claim 29, Kim discloses a network device (see Fig, 2N, Fig. 3N, Fig. 4K para. [0255]-[0260]; [0361]-[0368];[0431] discloses TRP or base station, in the wireless communication system, includes RF processor, to transmit and receive signal, may perform beamforming, and conversion functions. Controller controls overall operation), wherein the TRP in the serving cell is represented by a control resource set (CORESET) (see para. [0397] discloses the terminal receives CORESETS in time and frequency resources indicated by CSS),
a CORESET pool (see Fig. 4D (CORESET #1, CORESET #2, para. [0065];[0395] discloses plurality of CORESETS ), or
a reference signal set (see para. [0115] discloses threshold value set by the base station based on a received signal strength of a reference signal which the base station transmits by each beam).
Regarding claim 30, Kim discloses network device (see Fig, 2N, Fig. 3N, Fig. 4K para. [0255]-[0260]; [0361]-[0368];[0431] discloses TRP or base station, in the wireless communication system, includes RF processor, to transmit and receive signal, may perform beamforming, and conversion functions. Controller controls overall operation),
Kim fails to disclose but Koskela teaches wherein on condition that the Serving Cell has only one TRP (This part is optional):
if the Serving Cell is a secondary cell, SCell, the BFR MAC CE for the SCell is received from the terminal device when the beam failure occurs for the TRP (This part is optional);
else, if the Serving Cell is a special cell, SpCell, the random access signal is received from the terminal device when the beam failure occurs for the TRP (This part is optional);
on condition that the Serving Cell is configured with two TRPs (see para. [0076] discloses scenario with multiple TRPs):
if the Serving Cell is the SCell, the BFR MAC CE is received from the terminal device (see para. [0084] discloses beam failure on a first cell (e.g. SCell) the UE transmits the serving cell recovery signaling on second serving cell (e.g. PCell) using MAC CE and includes first serving cell information);
if the Serving Cell is a primary cell, PCell or a primary secondary cell, PSCell, the random access signal or the BFR MAC CE is received from the terminal device (see para. [0084] discloses beam failure on a first cell (e.g. SCell) the UE transmits the serving cell recovery signaling on second serving cell (e.g. PCell) using MAC CE and includes first serving cell information).
Kim and Koskela are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the MAC CE as described by Koskela.
The motivation to combine both references would come from improving beam recovery.
Claims 16, 25, 31 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 20190215863 A1) (hereinafter “Kim) in view of Koskela et al (US 20230199529 A1) (hereinafter “Koskela”) as applied to claims 1, 17 and 27 above and further in view of in view of Yi et al (US 20200350972 A1) (hereinafter “Yi”).
Regarding claim 16, Kim discloses a method (see para. [0002];[0006]-[0012] discloses method and apparatus for recovery of a beam currently in use when is unavailable (or fails)), further comprising:
determining, by the terminal device, occurrence of a beam failure for the TRP in the serving cell if a number of beam failure instances (see para. [0128];[0143];[0146] discloses operation repeated until beamFailureREcoveryTimer expires according to a number of random access transmission times).
reported by a physical layer, reaches a beam failure instance maximum count during running of a beam failure detection timer (see para. [0128];[0143];[0146] discloses operation repeated until beamFailureREcoveryTimer expires according to a number of random access transmission times).
However, for clarification on the physical layer part of the limitation, Yi is provided. Yi discloses
determining, by the terminal device, occurrence of a beam failure for the TRP in the serving cell if a number of beam failure instances (see para. [0305] discloses base station configure device for beam failure detection; UE may declare/detect beam failure when a number of beam failure instance indications from a physical layer reaches a configured threshold (max count) before an expiry of a configured timer),
reported by a physical layer, reaches a beam failure instance maximum count during running of a beam failure detection timer (see para. [0305] discloses base station configure device for beam failure detection; UE may declare/detect beam failure when a number of beam failure instance indications from a physical layer reaches a configured threshold (max count) before an expiry of a configured timer).
Kim and Yi are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the timer and counter as described by Yi.
The motivation to combine both references would come from improving beam recovery.
Regarding claim 25, Kim discloses a terminal device (see Fig. 1I (1I-30, 1I-40) para. [0148];[0153]-[0157] discloses terminal including memory, processor, controller; the memory stores data such as programs, application programs and operations. The programs stored in the memory is configured for execution by at least one processor),
wherein the processor is further configured to execute the computer programs stored in the memory to cause the terminal device (see para. [0147] discloses UE is configured with and use a plurality carrier aggregation with a primary cell referred as PCell and a secondary cell referred as SCell. For dual connectivity technique, when the cell in which the beam failure occurs is PSCell (i.e., a representative cell of not a main base station but a sub main station in a multiple connection technique (a technique of simultaneously using two base stations)), it is reported to the main base station that a problem occurs in the sub base station) to:
determine occurrence of a beam failure for the TRP in the serving cell if a number of beam failure instances (see para. [0128];[0143];[0146] discloses operation repeated until beamFailureREcoveryTimer expires according to a number of random access transmission times).
reported by a physical layer, reaches a beam failure instance maximum count during running of a beam failure detection timer (see para. [0128];[0143];[0146] discloses operation repeated until beamFailureREcoveryTimer expires according to a number of random access transmission times).
However, for clarification on the physical layer part of the limitation, Yi is provided. Yi discloses
determine occurrence of a beam failure for the TRP in the serving cell if a number of beam failure instances (see para. [0305] discloses base station configure device for beam failure detection; UE may declare/detect beam failure when a number of beam failure instance indications from a physical layer reaches a configured threshold (max count) before an expiry of a configured timer),
reported by a physical layer, reaches a beam failure instance maximum count during running of a beam failure detection timer (see para. [0305] discloses base station configure device for beam failure detection; UE may declare/detect beam failure when a number of beam failure instance indications from a physical layer reaches a configured threshold (max count) before an expiry of a configured timer).
Kim and Yi are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the timer and counter as described by Yi.
The motivation to combine both references would come from improving beam recovery.
Regarding claim 31, Kim discloses a network device (see Fig, 2N, Fig. 3N, Fig. 4K para. [0255]-[0260]; [0361]-[0368];[0431] discloses TRP or base station, in the wireless communication system, includes RF processor, to transmit and receive signal, may perform beamforming, and conversion functions. Controller controls overall operation), wherein the processor is further configured to execute the computer programs stored in the memory (see para. [0259];[0360];[0367] discloses the memory stores data such as a program, application programs and configuration information) to cause the network device to:
determine occurrence of a beam failure for the TRP in the serving cell if a number of beam failure instances (see para. [0128];[0143];[0146] discloses operation repeated until beamFailureREcoveryTimer expires according to a number of random access transmission times),
reported by a physical layer, reaches a beam failure instance maximum count during running of a beam failure detection timer (see para. [0128];[0143];[0146] discloses operation repeated until beamFailureREcoveryTimer expires according to a number of random access transmission times).
However, for clarification on the physical layer part of the limitation, Yi is provided. Yi discloses
determine occurrence of a beam failure for the TRP in the serving cell if a number of beam failure instances (see para. [0305] discloses base station configure device for beam failure detection; UE may declare/detect beam failure when a number of beam failure instance indications from a physical layer reaches a configured threshold (max count) before an expiry of a configured timer),
reported by a physical layer, reaches a beam failure instance maximum count during running of a beam failure detection timer (see para. [0305] discloses base station configure device for beam failure detection; UE may declare/detect beam failure when a number of beam failure instance indications from a physical layer reaches a configured threshold (max count) before an expiry of a configured timer).
Kim and Yi are considered analogous to the claimed invention because both are in the field of wireless communication methods, apparatus.
Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the claimed invention to modify Kim to include the timer and counter as described by Yi.
The motivation to combine both references would come from improving beam recovery.
Response to Arguments
Applicant’s arguments, see page 11-15, filed 03/04/2026, with respect to amended new claims 1 and dependent claims have been fully considered by the examiner. Applicant amended claim 1 requires that the indication information includes serving cell information, information of the TRP for which the beam failure occurs, information on whether there is an available beam and information on the available beam. However, a new ground of rejection, Koskela, provides this indication information.
Applicant’s arguments, see page 15-17, filed 03/04/2026, with respect to new claims 21, 24 and 30 have been fully considered by the examiner. The new claims establish different BFR behaviors depending on the type of Serving Cell and the number of TRPs. However, claims 21, 24 and 30 are rejected under 35 U.S.C. 112(b).
Applicant’s arguments, see page 17, filed 03/04/2026, with respect to amended claim16 have been fully considered by the examiner. In the amended claim the terminal device determines the beam failure occurs based on the number of beam failures reported by the physical layer reaching a maximum count during running of the corresponding timer. Applicant argues that prior art fails to teach or suggest such feature. Examiner respectfully disagrees. Yin provides a maximum count of failures from a physical layer before expiry of timer.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS GUILLERMO LEMA LEMOS whose telephone number is (571)-272-5710. The examiner can normally be reached M-F 8-5 EST.
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/LUIS GUILLERMO LEMA LEMOS/Examiner, Art Unit 2419
/Nishant Divecha/Supervisory Patent Examiner, Art Unit 2419
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