DETAILED ACTION
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 10-14, 16-19, 21, and 22 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over LG Electronics Inc., “Limit Endless SR Transmission,” 3GPP TSG-RAN WG2 #62bis, R2-083436, Warsaw, Poland, June 30, 2008, pp. 1 and 2, hereinafter referred to as D1, in view of Chun et al. (US 2009/0197610 A1), hereinafter referred to as D2.
Regarding claims 10 and 16, D1 discloses limiting the transmission of scheduling requests, which comprises:
Monitoring, in the user equipment, whether a threshold value representing a maximum limit has been reached (In the current specification [3], if a SR has been triggered and no UL-SCH resources are available, a UE sends the SR on PUCCH if a PUCCH for SR is configured or initiates a Random Access procedure if no PUCCH for SR is configured. In the latter case, after preamble-trans-max, MAC indicates the Random Access problem to RRC and upon this, RRC starts T312 to perform the recovery procedure. However, in the former case, there is no supervision of the SR transmission. That is, if the UL resources are not granted for a new transmission, the UE may send the SR on PUCCH endlessly. Thus, if there is a problem with the UL while still in sync on L1, there is a possibility that the UE falls into the deadlock situation. Proposal 1: it is proposed to discuss whether or not there is a need for supervision of the SR PUCCH transmission. If it is felt that it is needed to supervise the SR PUCCH transmission, we can simply achieve a recovery procedure by re-using T312. That is, MAC indicates the SR PUCCH Problem, based on timer or counter (monitoring, in the UE, whether a threshold value (counter) representing a maximum limit has been reached), to RRC. Upon this, RRC starts T312, i.e. RRC acts like the Random Access Problem. See Section 2, pages 1 and 2.)
D1 does not disclose characterized by a step of initiating, in the user equipment, a random access transmission initiating a random access transmission on a random access channel in response to said threshold value having been reached.
D2 teaches transmitting a radio allocated resource request to a network in a wireless communication system, the method comprising: determining whether at least one scheduling information has been triggered; checking if there are any allocated resources within a certain time period when the at least one scheduling information is determined to be triggered; and performing a scheduling request (SR) procedure if the allocated resources are not available within the certain time period, wherein the at least one scheduling information is a Buffer Status Report (BSR), the allocated resources are periodically configured resources, the scheduling request procedure is performed by either an uplink control channel transmission or a RACH (Random Access Channel) procedure, the scheduling request is signaled on the uplink control channel if the uplink control channel is configured to send the scheduling request and the RACH (Random Access Channel) procedure is initiated if the uplink control channel is not configured to send the scheduling request, the uplink control channel is PUCCH (Physical Uplink Control Channel), the certain time period is configured by RRC (Radio Resource Control) layer, and the certain time period is set based on a round trip time of data transmission. See paragraphs 0063-0064.
The claims are unpatentable over D1 in view of D2. The claims represents the application of a well-known technique in a well-known system to achieve predictable results. The Examiner interprets the claim as the well-known technique of limiting SR transmission utilizing a RACH procedure. D1 teaches the well-known prior art system of limiting SR transmissions via a counter (threshold) (well-known system), in which scheduling requests are made and limited via a counter to avoid system overload. D2 teaches the well-known method of utilizing either the uplink control channel transmission or the RACH procedure when the uplink control channel is unavailable. D1 teaches it is important to supervise SR PUCCH transmission because the UE may send the SR on the PUCCH endlessly, thus there is a possibility that the UE falls into the deadlock situation. It would have been obvious to one of ordinary skill in the art at the time of the invention to implement the well-known techniques of D2 (switching to the RACH procedure when the uplink control channel is unavailable) in the well-known system of D1 (utilizing a counter to limit SR transmissions) to permit the transmission of time sensitive data when access requests are repeatedly made without a sufficiently timely response and allocation of services in wireless systems. Essentially, the claims represent the well-known technique of counting access request and transitioning user equipment from one channel resource to another in the well-known wireless system.
Regarding claims 11 and 17, the primary reference further teaches initiating a measure used for limiting the number of transmitted scheduling requests (note: used for is an intended use limitation and afforded no patentable weight, the counter is utilized to limit SR transmissions. See pages 1 and 2); checking whether the measure has reached the threshold value (The counter is evaluated. See pages 1 and 2.).
D1 does not disclose if no uplink resources have been granted and the measure has not reached the threshold value, transmitting, by the UE to the base station a scheduling request on an uplink control channel, and repeating the step of checking; whereas if no uplink resources have been granted and the measure has reached the threshold value: transmitting, by the UE, the random access transmission on the random access channel.
D2 teaches transmitting a radio allocated resource request to a network in a wireless communication system, the method comprising: determining whether at least one scheduling information has been triggered; checking if there are any allocated resources within a certain time period when the at least one scheduling information is determined to be triggered; and performing a scheduling request (SR) procedure if the allocated resources are not available within the certain time period, wherein the at least one scheduling information is a Buffer Status Report (BSR), the allocated resources are periodically configured resources, the scheduling request procedure is performed by either an uplink control channel transmission (when no uplink resources have been granted and the measure has no reached the threshold value, transmitting a scheduling request on an uplink control channel) or a RACH (Random Access Channel) procedure, the scheduling request is signaled on the uplink control channel if the uplink control channel is configured to send the scheduling request and the RACH (Random Access Channel) procedure (when no uplink resources have been granted and the measure has reached the threshold value: transmitting the random access transmission on the random access channel) is initiated if the uplink control channel is not configured to send the scheduling request, the uplink control channel is PUCCH (Physical Uplink Control Channel), the certain time period is configured by RRC (Radio Resource Control) layer, and the certain time period is set based on a round trip time of data transmission. See paragraphs 0063-0064.
The claims are unpatentable over D1 in view of D2. The claims represents the application of a well-known technique in a well-known system to achieve predictable results. The Examiner interprets the claim as the well-known technique of limiting SR transmission utilizing a RACH procedure. D1 teaches the well-known prior art system of limiting SR transmissions via a counter (threshold) (well-known system), in which scheduling requests are made and limited via a counter to avoid system overload. D2 teaches the well-known method of utilizing either the uplink control channel transmission or the RACH procedure when the uplink control channel is unavailable. D1 teaches it is important to supervise SR PUCCH transmission because the UE may send the SR on the PUCCH endlessly, thus there is a possibility that the UE falls into the deadlock situation. It would have been obvious to one of ordinary skill in the art at the time of the invention to implement the well-known techniques of D2 (switching to the RACH procedure when the uplink control channel is unavailable) in the well-known system of D1 (utilizing a counter to limit SR transmissions) to permit the transmission of time sensitive data when access requests are repeatedly made without a sufficiently timely response and allocation of services in wireless systems. Essentially, the claims represent the well-known technique of counting access request and transitioning user equipment from one channel resource to another in the well-known wireless system.
Regarding claim 12, the primary reference further teaches wherein a cell to which the user equipment is currently connected will be maintained as the selected cell when the threshold value has been reached without performing cell evaluation (Referring to pages 1 and 2, UE is maintained by the serving cell for duration of the counter, and no cell evaluation is contemplated.)
Regarding claims 13, 14, and 19, the primary reference further teaches if no uplink resources have been granted and the threshold value has been reached, the method further comprises: releasing the uplink control channel resources and/or any assigned sounding reference symbols (Note, the Examiner interprets the conditional “if” statement as optional language and not required by the claim. Referring to pages 1 and 2, uplink control resources as assigned and released per the standard.)
Regarding claim 18, the primary reference further teaches wherein the transceiver comprised in the user equipment is capable of receiving uplink scheduling information; transmitting scheduling requests on the uplink control channel, and; transmitting the random access transmissions on the random access channel; the user equipment further comprising: an uplink resources monitoring mechanism connected to the transceiver and being capable of determining whether any of the uplink resources are available for transmission of data and of generating an uplink resources monitoring output in dependency of the result of the determining; a counter capable of counting a measure used for limiting the number of transmitted scheduling requests, the measure being time or the number of transmitted scheduling requests; a memory for storing a threshold value representing the maximum limit; a comparator arranged to receive the threshold value and an output of the counter, the comparator being adapted to compare the output of the counter with the threshold value and to generate a comparison output; a scheduling request mechanism adapted to receive the comparison output and to determine, in dependency of the comparison output, whether a scheduling request should be transmitted on the uplink control channel whether the random access transmission should be made on the random access channel, and being further adapted to instruct the transceiver accordingly (The prior art teaches a UE comprising a transceiver which is also capable of being configured to perform the recited steps. See Section 2, pages 1 and 2.)
Regarding claim 21, the primary reference further teaches the counter comprised in the UE is arranged to increment its value upon the transmission of a scheduling request on the uplink control channel (Proposal 1: it is proposed to discuss whether or not there is a need for supervision of the SR PUCCH transmission. If it is felt that it is needed to supervise the SR PUCCH transmission, we can simply achieve a recovery procedure by re-using T312. That is, MAC indicates the SR PUCCH Problem, based on timer or counter (monitoring, in the UE, whether a threshold value (counter) representing a maximum limit has been reached), to RRC. Upon this, RRC starts T312, i.e. RRC acts like the Random Access Problem. See Section 2, pages 1 and 2.)
Regarding claim 22, the primary reference further teaches the counter comprised in the user equipment is arranged to measure a time lapsed since the counter was initiated (Proposal 1: it is proposed to discuss whether or not there is a need for supervision of the SR PUCCH transmission. If it is felt that it is needed to supervise the SR PUCCH transmission, we can simply achieve a recovery procedure by re-using T312. That is, MAC indicates the SR PUCCH Problem, based on timer or counter (arranged to measure a time lapsed since the counter was initiated), to RRC. Upon this, RRC starts T312, i.e. RRC acts like the Random Access Problem. See Section 2, pages 1 and 2.)
Allowable Subject Matter
Claims 15, 20, and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 10-14, 16, 17, 19, 21, and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 9, and 10 of U.S. Patent No. 9215729 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.
Application claim
Patent claim
10. (New) A method in a communication system in which a user equipment may communicate wirelessly with a radio base station, wherein a number of scheduling requests that the user equipment will repeatedly transmit on a dedicated uplink control channel in relation to data while not having been granted uplink resources is limited by:monitoring, in the user equipment, whether a threshold value representing a maximum limit has been reached, characterized by a step of initiating, in the user equipment, a random access transmission on a random access channel in response to said threshold value having been reached.
11. (New) The method of claim 10, comprising the steps of:initiating, in the user equipment, a measure used for limiting the number of transmitted scheduling requests;checking, in the user equipment, whether the measure has reached the threshold value, and if no uplink resources have been granted and the measure has not reached the threshold value:transmitting, by the user equipment to the radio base station a scheduling request on an uplink control channel, and repeating the step of checking, whereas if no uplink resources have been granted and the measure has reached the threshold value:transmitting, by the user equipment, the random access transmission on the random access channel.
12. (New) The method of claim 11, wherein a cell to which the user equipment is currently connected will be maintained as the selected cell when the threshold value has been reached without performing cell evaluation.
13. (New) The method of claim 11, wherein,if no uplink resources have been granted and the threshold value has been reached, the method further comprises releasing, by the user equipment, the uplink control channel resources and/or any assigned sounding reference symbols.
14. (New) The method of claim 11, wherein, if no uplink resources have been granted and the threshold value has been reached, the method further comprises:including, by the user equipment, an indication, in the random access transmission, indicating whether the uplink control channel has been released.
16. (New) A communication system in which a user equipment may communicate wirelessly with a radio base station, the user equipment comprising a transceiver and being arranged so that a number of scheduling requests that the user equipment will repeatedly transmit in relation to same uplink data on an uplink control channel while not having been granted uplink resources is limited in that the user equipment is adapted to monitor whether a maximum limit has been reached, the user equipment being characterized in that the user equipment is adapted to:initiate a random access transmission on a random access channel in response to said maximum limit having been reached.
17. (New) The communication system of claim 16, wherein the user equipment operating in said communication system is configured to:initiate a counter used for limiting the number of transmitted scheduling requests;compare an output of the counter with a threshold value representing said maximum limit and for generating a comparison output in dependency of a result of the comparison;determine, based on the comparison output, whether a scheduling request should be transmitted on the uplink control channel or whether the random access transmission should be made on the random access channel, and to instruct the transceiver accordingly.
19. (New) The communication system of claim 17, wherein the user equipment is further adapted to release any dedicated uplink control channel when said maximum limit has been reached if none of the uplink resources have been granted.
21. (New) The communication system of claim 17, wherein the counter comprised in the user equipment is arranged to increment its value upon the transmission of a scheduling request on the uplink control channel.
22. (New) The communication system of claim 17, wherein the counter comprised in the user equipment is arranged to measure a time lapsed since the counter was initiated.
1. A method for requesting scheduling of resources to be used for uplink communication of data from a user equipment in a communications system, the method comprising: monitoring that a threshold value representing a maximum limit of scheduling requests has been reached; releasing uplink control channel resources; and initiating a random access transmission on a random access channel in response to said threshold value having been reached; wherein the threshold value representing the maximum limit is a maximum number of scheduling requests transmitted by the user equipment and wherein the number of scheduling requests that the user equipment repeatedly transmits on a dedicated uplink control channel in relation to the data while not having been granted uplink resources is limited by the threshold value representing a maximum limit of scheduling requests; and wherein releasing uplink control channel resources comprises releasing uplink control channel resources based on no uplink resources having been granted and the threshold value having been reached.
2. The method of claim 1, comprising: initiating a measure used for limiting the number of transmitted scheduling requests; checking whether the measure has reached the threshold value; when no uplink resources have been granted and the measure has not reached the threshold value, transmitting a scheduling request on an uplink control channel, and repeating the step of checking ; and when no uplink resources have been granted and the measure has reached the threshold value, transmitting the random access transmission on the random access channel.
3. The method of claim 1, wherein a cell to which the user equipment is currently connected is maintained as the selected cell when the threshold value has been reached without performing cell evaluation.
4. The method of claim 1, wherein, when no uplink resources have been granted and the threshold value has been reached, the method further comprises: including an indication, in the random access transmission, indicating that the uplink control channel has been released.
6. The method of claim 1, wherein releasing uplink control channel resources comprises releasing uplink control channel resources prior to initiating the random access transmission.
See claim 1.
2. The method of claim 1, comprising: initiating a measure used for limiting the number of transmitted scheduling requests; checking whether the measure has reached the threshold value; when no uplink resources have been granted and the measure has not reached the threshold value, transmitting a scheduling request on an uplink control channel, and repeating the step of checking ; and when no uplink resources have been granted and the measure has reached the threshold value, transmitting the random access transmission on the random access channel.
4. The method of claim 1, wherein, when no uplink resources have been granted and the threshold value has been reached, the method further comprises: including an indication, in the random access transmission, indicating that the uplink control channel has been released.
9. The user equipment of claim 8, wherein the counter is arranged to increment its value upon the transmission of a scheduling request on an uplink control channel.
10. The user equipment of claim 8, wherein the counter is arranged to measure the time lapsed since the counter was initiated.
Claims 10-14 and 16-22 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5 and 8-12 of U.S. Patent No. 10080234 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.
Application claim
Patent claim
10. (New) A method in a communication system in which a user equipment may communicate wirelessly with a radio base station, wherein a number of scheduling requests that the user equipment will repeatedly transmit on a dedicated uplink control channel in relation to data while not having been granted uplink resources is limited by:monitoring, in the user equipment, whether a threshold value representing a maximum limit has been reached, characterized by a step of initiating, in the user equipment, a random access transmission on a random access channel in response to said threshold value having been reached.
11. (New) The method of claim 10, comprising the steps of:initiating, in the user equipment, a measure used for limiting the number of transmitted scheduling requests;checking, in the user equipment, whether the measure has reached the threshold value, and if no uplink resources have been granted and the measure has not reached the threshold value:transmitting, by the user equipment to the radio base station a scheduling request on an uplink control channel, and repeating the step of checking, whereas if no uplink resources have been granted and the measure has reached the threshold value:transmitting, by the user equipment, the random access transmission on the random access channel.
12. (New) The method of claim 11, wherein a cell to which the user equipment is currently connected will be maintained as the selected cell when the threshold value has been reached without performing cell evaluation.
13. (New) The method of claim 11, wherein,if no uplink resources have been granted and the threshold value has been reached, the method further comprises releasing, by the user equipment, the uplink control channel resources and/or any assigned sounding reference symbols.
14. (New) The method of claim 11, wherein, if no uplink resources have been granted and the threshold value has been reached, the method further comprises:including, by the user equipment, an indication, in the random access transmission, indicating whether the uplink control channel has been released.
16. (New) A communication system in which a user equipment may communicate wirelessly with a radio base station, the user equipment comprising a transceiver and being arranged so that a number of scheduling requests that the user equipment will repeatedly transmit in relation to same uplink data on an uplink control channel while not having been granted uplink resources is limited in that the user equipment is adapted to monitor whether a maximum limit has been reached, the user equipment being characterized in that the user equipment is adapted to:initiate a random access transmission on a random access channel in response to said maximum limit having been reached.
17. (New) The communication system of claim 16, wherein the user equipment operating in said communication system is configured to:initiate a counter used for limiting the number of transmitted scheduling requests;compare an output of the counter with a threshold value representing said maximum limit and for generating a comparison output in dependency of a result of the comparison;determine, based on the comparison output, whether a scheduling request should be transmitted on the uplink control channel or whether the random access transmission should be made on the random access channel, and to instruct the transceiver accordingly.
18. (New) The communication system of claim 16, wherein the transceiver comprised in the user equipment is capable of receiving uplink scheduling information;transmitting scheduling requests on the uplink control channel, and;transmitting the random access transmissions on the random access channel;the user equipment further comprising:an uplink resources monitoring mechanism connected to the transceiver and being capable of determining whether any of the uplink resources are available for transmission of data and of generating an uplink resources monitoring output in dependency of the result of the determining;a counter capable of counting a measure used for limiting the number of transmitted scheduling requests, the measure being time or the number of transmitted scheduling requests;a memory for storing a threshold value representing the maximum limit;a comparator arranged to receive the threshold value and an output of the counter, the comparator being adapted to compare the output of the counter with the threshold value and to generate a comparison output;a scheduling request mechanism adapted to receive the comparison output and to determine, in dependency of the comparison output, whether a scheduling request should be transmitted on the uplink control channel whether the random access transmission should be made on the random access channel, and being further adapted to instruct the transceiver accordingly.
19. (New) The communication system of claim 17, wherein the user equipment is further adapted to release any dedicated uplink control channel when said maximum limit has been reached if none of the uplink resources have been granted.
20. (New) The communication system of claim 17, wherein the user equipment is further adapted to include information in the random access transmission, the information indicating that the user equipment has not released the uplink control channel.
21. (New) The communication system of claim 17, wherein the counter comprised in the user equipment is arranged to increment its value upon the transmission of a scheduling request on the uplink control channel.
22. (New) The communication system of claim 17, wherein the counter comprised in the user equipment is arranged to measure a time lapsed since the counter was initiated.
1. A method for requesting scheduling of resources to be used for uplink communication of data from a user equipment in a communications system, the method comprising: monitoring, in the user equipment, whether a threshold value representing a maximum limit has been reached, where a number of scheduling requests that the user equipment will repeatedly transmit on a dedicated uplink control channel in relation to the data while not having been granted uplink resources is limited by the threshold value and the maximum limit is a maximum number of scheduling requests having been transmitted since a counter was initiated; and initiating a random access transmission on a random access channel in response to said threshold value having been reached.
2. The method of claim 1, further comprising: initiating a measure used for limiting the number of transmitted scheduling requests; checking whether the measure has reached the threshold value, and: if no uplink resources have been granted and the measure has not reached the threshold value, transmitting a scheduling request on an uplink control channel, and repeating the step of checking, and if no uplink resources have been granted and the measure has reached the threshold value, transmitting a random access transmission on the random access channel.
3. The method of claim 1, wherein a cell to which the user equipment is currently connected will be maintained as the selected cell when the threshold value has been reached without performing cell evaluation.
4. The method of claim 1, wherein if no uplink resources have been granted and the threshold value has been reached, the method further comprises releasing the uplink control channel resources and/or any assigned sounding reference symbols.
5. The method of claim 1, wherein, if no uplink resources have been granted and the threshold value has been reached, the method further comprises including an indication, in the random access transmission, indicating whether the uplink control channel has been released.
See claim 1.
2. The method of claim 1, further comprising: initiating a measure used for limiting the number of transmitted scheduling requests; checking whether the measure has reached the threshold value, and: if no uplink resources have been granted and the measure has not reached the threshold value, transmitting a scheduling request on an uplink control channel, and repeating the step of checking, and if no uplink resources have been granted and the measure has reached the threshold value, transmitting a random access transmission on the random access channel.
8. The user equipment of claim 6, comprising: the transceiver capable of receiving uplink scheduling information; transmitting scheduling requests on the uplink control channel, and; transmitting the random access transmissions on the random access channel; an uplink resources monitoring mechanism connected to the transceiver and being capable of determining whether any uplink resources are available for transmission of data and of generating an uplink resources monitoring output in dependency of the result of the determining; the counter capable of counting a measure used for limiting the number of transmitted scheduling requests, the measure being e.g. time or the number of transmitted scheduling requests; a memory for storing a threshold value representing the maximum limit; a comparator arranged to receive the threshold value and an output of the counter, the comparator being adapted to compare the output of the counter with the threshold value and to generate a comparison output; a scheduling request mechanism adapted to receive the comparison output and to determine, in dependency of the comparison output, whether the scheduling request should be transmitted on the uplink control channel whether the random access transmission should be made on the random access channel, and being further adapted to instruct the transceiver accordingly.
9. The user equipment of claim 6, wherein the user equipment is further adapted to release any dedicated uplink control channel when said maximum value has been reached if no uplink resources have been granted.
10. The user equipment of claim 6, wherein the user equipment is further adapted to include information in the random access transmission, the information indicating that the user equipment has not released the uplink control channel.
11. The user equipment of claim 6, wherein the counter is arranged to increment its value upon the transmission of a scheduling request on the uplink control channel.
12. The user equipment of claim 6, wherein the counter is arranged to measure the time lapsed since the counter was initiated.
Claims 10-23 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-6, and 8-12 of U.S. Patent No. 11864175 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because instant application claim is broader in every aspect than the patent claim and is therefore an obvious variant thereof.
Application claim
Patent claim
10. (New) A method in a communication system in which a user equipment may communicate wirelessly with a radio base station, wherein a number of scheduling requests that the user equipment will repeatedly transmit on a dedicated uplink control channel in relation to data while not having been granted uplink resources is limited by:monitoring, in the user equipment, whether a threshold value representing a maximum limit has been reached, characterized by a step of initiating, in the user equipment, a random access transmission on a random access channel in response to said threshold value having been reached.
11. (New) The method of claim 10, comprising the steps of:initiating, in the user equipment, a measure used for limiting the number of transmitted scheduling requests;checking, in the user equipment, whether the measure has reached the threshold value, and if no uplink resources have been granted and the measure has not reached the threshold value:transmitting, by the user equipment to the radio base station a scheduling request on an uplink control channel, and repeating the step of checking, whereas if no uplink resources have been granted and the measure has reached the threshold value:transmitting, by the user equipment, the random access transmission on the random access channel.
12. (New) The method of claim 11, wherein a cell to which the user equipment is currently connected will be maintained as the selected cell when the threshold value has been reached without performing cell evaluation.
13. (New) The method of claim 11, wherein,if no uplink resources have been granted and the threshold value has been reached, the method further comprises releasing, by the user equipment, the uplink control channel resources and/or any assigned sounding reference symbols.
14. (New) The method of claim 11, wherein, if no uplink resources have been granted and the threshold value has been reached, the method further comprises:including, by the user equipment, an indication, in the random access transmission, indicating whether the uplink control channel has been released.
15. (New) The method according claim 14, comprising determining, by the radio base station, whether the user equipment has access to dedicated uplink control channel resources for transmission of the scheduling request, wherein the radio base station has received the random access transmission from the user equipment; andsending, by the radio base station, a power control command to the user equipment in response to determining that the user equipment has access to the dedicated uplink control channel resources for the transmission of the scheduling request.
16. (New) A communication system in which a user equipment may communicate wirelessly with a radio base station, the user equipment comprising a transceiver and being arranged so that a number of scheduling requests that the user equipment will repeatedly transmit in relation to same uplink data on an uplink control channel while not having been granted uplink resources is limited in that the user equipment is adapted to monitor whether a maximum limit has been reached, the user equipment being characterized in that the user equipment is adapted to:initiate a random access transmission on a random access channel in response to said maximum limit having been reached.
17. (New) The communication system of claim 16, wherein the user equipment operating in said communication system is configured to:initiate a counter used for limiting the number of transmitted scheduling requests;compare an output of the counter with a threshold value representing said maximum limit and for generating a comparison output in dependency of a result of the comparison;determine, based on the comparison output, whether a scheduling request should be transmitted on the uplink control channel or whether the random access transmission should be made on the random access channel, and to instruct the transceiver accordingly.
18. (New) The communication system of claim 16, wherein the transceiver comprised in the user equipment is capable of receiving uplink scheduling information;transmitting scheduling requests on the uplink control channel, and;transmitting the random access transmissions on the random access channel;the user equipment further comprising:an uplink resources monitoring mechanism connected to the transceiver and being capable of determining whether any of the uplink resources are available for transmission of data and of generating an uplink resources monitoring output in dependency of the result of the determining;a counter capable of counting a measure used for limiting the number of transmitted scheduling requests, the measure being time or the number of transmitted scheduling requests;a memory for storing a threshold value representing the maximum limit;a comparator arranged to receive the threshold value and an output of the counter, the comparator being adapted to compare the output of the counter with the threshold value and to generate a comparison output;a scheduling request mechanism adapted to receive the comparison output and to determine, in dependency of the comparison output, whether a scheduling request should be transmitted on the uplink control channel whether the random access transmission should be made on the random access channel, and being further adapted to instruct the transceiver accordingly.
19. (New) The communication system of claim 17, wherein the user equipment is further adapted to release any dedicated uplink control channel when said maximum limit has been reached if none of the uplink resources have been granted.
20. (New) The communication system of claim 17, wherein the user equipment is further adapted to include information in the random access transmission, the information indicating that the user equipment has not released the uplink control channel.
21. (New) The communication system of claim 17, wherein the counter comprised in the user equipment is arranged to increment its value upon the transmission of a scheduling request on the uplink control channel.
22. (New) The communication system of claim 17, wherein the counter comprised in the user equipment is arranged to measure a time lapsed since the counter was initiated.
23. (New) The communication system of claim 22, the radio base station being configured to:determine whether the user equipment has access to the dedicated uplink control channel resources for the transmission of the scheduling request, wherein the radio base station has received the random access transmission from the user equipment; andsending a power control command to the user equipment in response to determining that the user equipment has access to the dedicated uplink control channel resources for the transmission of the scheduling request.
1. A method in a communication system in which a user equipment may communicate wirelessly with a radio base station, wherein a number of scheduling requests that the user equipment will repeatedly transmit on a dedicated uplink control channel in relation to data while not having been granted uplink resources is limited by: monitoring, in the user equipment, whether a threshold value representing a maximum limit has been reached, characterized by a step of initiating, in the user equipment, a random access transmission on a random access channel in response to said threshold value having been reached; initiating, in the user equipment, a measure used for limiting the number of transmitted scheduling requests; checking, in the user equipment, whether the measure has reached the threshold value; when no uplink resources have been granted and the measure has reached the threshold value: transmitting, by the user equipment, the random access transmission on the random access channel; determining, by the radio base station, whether the user equipment has access to dedicated uplink control channel resources for transmission of the scheduling request, wherein the radio base station has received the random access transmission from the user equipment; and sending, by the radio base station, a power control command to the user equipment in response to determining that the user equipment has access to the dedicated uplink control channel resources for the transmission of the scheduling request.
See claim 1.
3. The method of claim 2, wherein a cell to which the user equipment is currently connected will be maintained as the selected cell when the threshold value has been reached without performing cell evaluation.
4. The method of claim 2, wherein, when no uplink resources have been granted and the threshold value has been reached, the method further comprises releasing, by the user equipment, the uplink control channel resources and/or any assigned sounding reference symbols.
5. The method of claim 2, wherein, when no uplink resources have been granted and the threshold value has been reached, the method further comprises: including, by the user equipment, an indication, in the random access transmission, indicating whether the uplink control channel has been released.
See claim 1.
6. A communication system in which a user equipment may communicate wirelessly with a radio base station, the user equipment comprising a transceiver and being arranged so that a number of scheduling requests that the user equipment will repeatedly transmit in relation to same uplink data on an uplink control channel while not having been granted uplink resources is limited in that the user equipment is adapted to monitor whether a maximum limit has been reached, the user equipment being characterized in that the user equipment is adapted to: initiate a random access transmission on a random access channel in response to said maximum limit having been reached; initiate a measure used for limiting the number of transmitted scheduling requests; check whether the measure has reached a threshold value representing the maximum limit; when no uplink resources have been granted and the measure has reached the threshold value: transmit the random access transmission on the random access channel; the radio base station being configured to: determine whether the user equipment has access to the dedicated uplink control channel resources for the transmission of the scheduling request, wherein the radio base station has received the random access transmission from the user equipment; and sending a power control command to the user equipment in response to determining that the user equipment has access to the dedicated uplink control channel resources for the transmission of the scheduling request.
See claim 6.
8. The communication system of claim 6, wherein the transceiver comprised in the user equipment is capable of receiving uplink scheduling information; transmitting scheduling requests on the uplink control channel, and; transmitting the random access transmissions on the random access channel; the user equipment further comprising: an uplink resources monitoring mechanism connected to the transceiver and being capable of determining whether any of the uplink resources are available for transmission of data and of generating an uplink resources monitoring output in dependency of the result of the determining; a counter capable of counting the measure used for limiting the number of transmitted scheduling requests, the measure being time or the number of transmitted scheduling requests; a memory for storing the threshold value representing the maximum limit; a comparator arranged to receive the threshold value and an output of the counter, the comparator being adapted to compare the output of the counter with the threshold value and to generate a comparison output; a scheduling request mechanism adapted to receive the comparison output and to determine, in dependency of the comparison output, whether a scheduling request should be transmitted on the uplink control channel whether the random access transmission should be made on the random access channel, and being further adapted to instruct the transceiver accordingly.
9. The communication system of claim 7, wherein the user equipment is further adapted to release any dedicated uplink control channel when said maximum limit has been reached when none of the uplink resources have been granted.
10. The communication system of claim 7, wherein the user equipment is further adapted to include information in the random access transmission, the information indicating that the user equipment has not released the uplink control channel.
11. The communication system of claim 7, wherein the counter comprised in the user equipment is arranged to increment its value upon the transmission of a scheduling request on the uplink control channel.
12. The communication system of claim 7, wherein the counter comprised in the user equipment is arranged to measure a time lapsed since the counter was initiated.
See claim 6.
Response to Arguments
Applicant's arguments filed 13 October 2025 have been fully considered but they are not persuasive.
On page 7 of the remarks, regarding claim 1, the Applicant argues neither D1 nor D2 teach the claimed invention. The Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of applicant's invention, it is noted that the features upon which applicant relies (i.e., "counter") are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Therefore, the argument is not persuasive. In addition, the Applicant argues one of ordinary skill in the art would not be motivated to modify the combination of D1 and D2 to arrive at the claimed invention because the only motivation to combine the references is based upon impermissible hindsight. The Examiner respectfully disagrees. First, in response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). And, second the Examiner does not rely upon motivation to combine, but rather a rationale to combine according to KSR in which a well-known technique is implemented in a well-known system. Therefore, the argument is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yi et al. (US 2019/0289544 A1) - The terminal performs a discontinuous reception (DRX) operation that allows it to monitor a downlink control channel discontinuously. The DRX operation includes an active time period during which the terminal monitors the control channel after successful reception of the random access response for the second type of random access preamble until a transmission from the network addressed to a Cell-Radio Network Temporary Identifier (C-RNTI) associated with the terminal is received.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONALD L MILLS whose telephone number is (571)272-3094. The examiner can normally be reached Monday through Friday from 9-5 PM EST.
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DONALD L. MILLS
Primary Examiner
Art Unit 2462
/Donald L Mills/ Primary Examiner, Art Unit 2462