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 .
Information Disclosure Statement
As required by M.P.E.P. 609(c), the Applicant's submissions of the Information Disclosure Statement is acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. 609 C(2), a copy of the PTOL-1449 initialed and dated by the examiner is attached to the instant office action.
Applicant’s Information Disclosure Statement has been received, entered into the record, and considered. See attached form PTO-1449.
Restriction Remarks
Claims 1-11 and 16 are pending.
Claims 12-13 are withdrawn as of December 29, 2025 without traverse.
Claims 14-15 and 17 are canceled.
Claims 1-11 and 16 are examined.
This application contains are drawn to an invention nonelected without traverse in the reply filed on December 29, 2025. A complete reply to the final rejection must include cancellation of nonelected claims or other appropriate action (37 CFR 1.144) See MPEP § 821.01.
Applicant is reminded that upon the cancellation of claims to a non-elected invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. Any amendment of inventorship must be accompanied by a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1.17(i).
Applicant is reminded that upon the cancellation of claims to a non-elected invention with Applicant’s amendment and response to this non-final office action.
The requirement is still deemed proper and is therefore made FINAL.
Claim Objections
Claim 16 is objected to because of the following informalities: “An integrate” should be corrected to “An integrated”.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-11 and 16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without “significantly more”.
Claims 1-11 and 16 are directed to Abstract Idea such as an idea standing alone such as an instantiated concept, pan or scheme, as well as a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper for example “monitors a first time or frequency resource for a first physical downlink control channel (PDCCH) on a first beam… receives a signal initiating switching from the first beam to a second beam … switches to a second time or frequency resource to be monitored for a second PDCCH on the second beam based on the signal and an indication of the second time or frequency resource”.
The apparatus and the method claim 1 and 16 recites limitation, “monitors a first time or frequency resource for a first physical downlink control channel (PDCCH) on a first beam… receives a signal initiating switching from the first beam to a second beam … switches to a second time or frequency resource to be monitored for a second PDCCH on the second beam based on the signal and an indication of the second time or frequency resource”. Since the claim is directed to a process and a machine, which is one of the statutory categories of the invention (Step 1: YES).
The claim is then analyzed to determine whether it is directed to any judicial exception. The claim recites, “monitors a first time or frequency resource for a first physical downlink control channel (PDCCH) on a first beam… receives a signal initiating switching from the first beam to a second beam … switches to a second time or frequency resource to be monitored for a second PDCCH on the second beam based on the signal and an indication of the second time or frequency resource”. The monitors ... receives ... switches step recited in the claim is no more than an abstract idea i.e., mental process of monitors ... receives ... switches … where claim recites only the idea of a solution or outcome i.e., the claim fails to recite details of how a solution to a problem is accomplished, etc., (See specifically MPEP 2106.05 (f) Sec 1. (Step 2A: Prong One Abstract Idea=Yes).
The claim is then analyzed if it requires an additional elements or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception – i.e., limitation that are indicative of integration into a practical application: improving to the functioning of a computer or to any other technology or technical field. In the current claims, there is no additional elements that would integrate the abstract idea into a practical application (Step 2A: Prong Two Abstract Idea=Yes).
Next the claim as a whole is analyzed to determine if there are additional limitation recited in the claim such that the claim amount to significantly more than an abstract idea. The claim requires the additional limitation of a computer with the central processing unit, memory, a printer, an input and output terminal and a program. These generic computer components are claimed to perform the basic functions of storing, retrieving and processing data through the program that enables. In the current scenario, there are no additional elements that would amount to significantly more than the abstract idea. Therefore, the claim does not amount to significantly more than the abstract idea itself (Step 2B: No). Accordingly, the claim is not patent eligible.
Further, dependent claims do not add any positive limitation or step that recite within the scope of the claim and does not carry patentable weight they are also rejected for the same reasons as independent claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-11 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Badic et al., (US Patent No. 10812125 B1 and Badic hereinafter).
Regarding Claims 1 and 16, Badic teaches a user equipment (UE), comprising: circuitry which, in operation, monitors a first time or frequency resource (i.e. transmit the candidate partner beam information to the communication partner device, for example, through a beam recovery request to the communication partner 610. In response to this request, the communication partner may then adjust its beamform configuration based on the request 612 (adjust to the partner-side beam of the beam pair), while the device may adjust its own beamform configuration accordingly 614 (adjust to the device-side beam of the beam pair). The timing of the shift to the beam pair may be according to a timing schedule maintained between the device and the communication partner device. In the context of body-detection-based beam recovery methods of this invention, the terminal device may switch to the identified candidate device-beam on or before the time-schedule) (Col 17, lines 34-63) for a first physical downlink control channel (PDCCH) on a first beam (Col 19, lines 18-36) and (i.e., transmission and reception of the beam recovery request in 710, the gNB changes it beam(s) based on the received beam recovery request 712 while the UE changes its beam(s) to the selected beam(s) of the candidate UE-beams 714. This procedure may include, for example, the gNB to start transmitting DCI (downlink control information) in PDCCH (physical downlink control channel) in the search space indicated via the RRC field recoverySearchSpaceId in the RRC IE BeamFadureRecoveryConfig, starting from downlink (DL) slot └n.Math.2.sup.μ.sup.DL/2.sup.μ.sup.UL┘+4, where μ.sub.DL∈{0, 1, 2, 3} and μ.sub.UL∈{0, 1, 2, 3} denote downlink and uplink subcarrier spacing (SCS) configuration, e.g., subcarrier spacing Δf=2.sup.μ.Math.15 KHz, respectively. Eventually, the gNB may update active transmission configuration indicator (TCI) states via a TCI States Activation/Deactivation for UE-specific PDSCH (physical downlink shared channel) MAC (medium access control) CE (control element). The UE may switch its beams to the identified candidate UE-beams in a corresponding manner)(Col 19, lines 18-36); and a transceiver which, in operation, (Figure 33, whole figure, infra)
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receives a signal initiating switching from the first beam to a second beam; wherein the circuitry, in operation (i.e., UE measures channel quality metrics such as L1-RSRP using the MPE-compliant test beams and based on a set of candidate-beam-detection (CBD) reference signal (RS) resources. This set of CBD-RS resources, also known as BFR (beam failure recovery) RS resources, may be configured by the network via radio resource control (RRC) signaling, in particular the candidateBeamRSList field within the RRC information element (IE), BeamFailureRecoveryConfig. The set of CBD-RS resources may be synchronization signal block (SSB) resources defined via the RRC field BFR-SSB-Resource or channel state information-reference signal (CSI-RS) resources defined via the RRC field BFR-CSIRS-Resource. (103) In 708, the UE identifies candidate gNB-beams (e.g., partner-side beams of the potential beam pairs) and the corresponding paired UE-beams (e.g., device-side beams of the potential beam pairs) based on the L1-RSRP measurements. In a simple example, the UE may identify the candidate beams based on the beams associated with the highest L1-RSRP measurements. ) (Col 18, lines 12-64), at a timing of switching to the second beam (i.e., device may then transmit the candidate partner beam information to the communication partner device, for example, through a beam recovery request to the communication partner 610. In response to this request, the communication partner may then adjust its beamform configuration based on the request 612 (adjust to the partner-side beam of the beam pair), while the device may adjust its own beamform configuration accordingly 614 (adjust to the device-side beam of the beam pair). The timing of the shift to the beam pair may be according to a timing schedule maintained between the device and the communication partner device. In the context of body-detection-based beam recovery methods of this invention, the terminal device may switch to the identified candidate device-beam on or before the time-schedule. Such an earlier switching may be beneficial or necessary to satisfy time-domain aspects of the MPE requirement. The partner device may switch to the device-indicated preferred set of beams or some other beams) (Col 17, lines 34-63), switches to a second time or frequency resource to be monitored for a second PDCCH on the second beam based on the signal (i.e., transmission and reception of the beam recovery request in 710, the gNB changes it beam(s) based on the received beam recovery request 712 while the UE changes its beam(s) to the selected beam(s) of the candidate UE-beams 714. This procedure may include, for example, the gNB to start transmitting DCI (downlink control information) in PDCCH (physical downlink control channel) in the search space indicated via the RRC field recoverySearchSpaceId in the RRC IE BeamFadureRecoveryConfig, starting from downlink (DL) slot └n.Math.2.sup.μ.sup.DL/2.sup.μ.sup.UL┘+4, where μ.sub.DL∈{0, 1, 2, 3} and μ.sub.UL∈{0, 1, 2, 3} denote downlink and uplink subcarrier spacing (SCS) configuration, e.g., subcarrier spacing Δf=2.sup.μ.Math.15 KHz, respectively. Eventually, the gNB may update active transmission configuration indicator (TCI) states via a TCI States Activation/Deactivation for UE-specific PDSCH (physical downlink shared channel) MAC (medium access control) CE (control element). The UE may switch its beams to the identified candidate UE-beams ) (Col 19, lines 17-36) and an indication of the second time or frequency resource (i.e., test beam directions are determined in 704, the UE measures channel quality metrics such as L1-RSRP using the MPE-compliant test beams and based on a set of candidate-beam-detection (CBD) reference signal (RS) resources. This set of CBD-RS resources, also known as BFR (beam failure recovery) RS resources, may be configured by the network via radio resource control (RRC) signaling, in particular the candidateBeamRSList field within the RRC information element (IE), BeamFailureRecoveryConfig. The set of CBD-RS resources may be synchronization signal block (SSB) resources defined via the RRC field BFR-SSB-Resource or channel state information-reference signal (CSI-RS) resources defined via the RRC field BFR-CSIRS-Resourc ) (Col 18, lines 41-54), and wherein the first and the second PDCCHs are specific to the UE or to respective groups of UEs comprising the UE (Figure 4, whole figure) ,infra:
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Regarding Claim 2, Badic teaches wherein the indication of the second time or frequency resource indicates an association between a plurality of beams and corresponding time or frequency resources, the plurality of beams including the first beam associated with the first time or frequency resource and the second beam associated with the second time or frequency resource (i.e., beamforming controller 302 may receive baseband symbol s and subsequently apply a complex weight vector p.sub.BB=[α.sub.1 α.sub.2 α.sub.3 α.sub.4].sup.T to s to generate p.sub.BBs, where each element α.sub.i, i=1, 2, 3, 4 is a complex weight (comprising a gain factor and phase shift). Each resulting element [α.sub.1s α.sub.2s α.sub.3s α.sub.4s].sup.T of p.sub.BBs may be baseband symbol s multiplied by some complex weight α.sub.i. Beamforming controller 302 may then map each element of p.sub.BBs to a respective RF chain of RF system 304, which may each perform digital to analog conversion (DAC), radio carrier modulation, and amplification on the received weighted symbols before providing the resulting RF symbols to a respective element of antenna array 306. Antenna array 306 may then wirelessly transmit each RF symbol.) (Col 10, lines 5-33).
Regarding Claim 3, Badic teaches wherein the plurality of beams are associated with corresponding offsets in time or frequency(i.e., Using these two inputs, six-port detector 3516e may add the transmit signal with the reflected signal at four relative phase offsets (e.g., 0, 90, 180, and 270 degrees; in other aspects, six-port detector 3516e can use more or fewer phase offsets). Six-port detector 3516e may then provide those phase isolation signals as its outputs. Depending on the phase difference between the transmit signal and the reflected signal, the outputs will constructively or destructively add by varying amounts. Power detector bank 3516f may then, with each of its power detectors, perform power detection on a respective output to determine the phase difference. ADCs 3516g may then perform analog to digital conversion to digitize the phase differences and provide the phase differences to DSP) (Col 56, lines 43-67).
Regarding Claim 4, Badic teaches wherein an association between the plurality of beams and the corresponding offsets is defined by a configuration of beam usage via radio resource control (RRC) signaling (Col 56, lines 43-67).
Regarding Claim 5, Badic teaches wherein an association between the plurality of beams and the corresponding offsets is defined by a configuration of frequency resources via radio resource control (RRC) signaling (Col 56, lines 43-67).
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Regarding Claim Badic teaches comprising a memory which, in operation, stores an association between the plurality of beams and the corresponding offsets in accordance with a standard specification (Col 56, lines 43-67) and (i.e., beamforming controller 302 may receive baseband symbol s and subsequently apply a complex weight vector p.sub.BB=[α.sub.1 α.sub.2 α.sub.3 α.sub.4].sup.T to s to generate p.sub.BBs, where each element α.sub.i, i=1, 2, 3, 4 is a complex weight (comprising a gain factor and phase shift). Each resulting element [α.sub.1s α.sub.2s α.sub.3s α.sub.4s].sup.T of p.sub.BBs may be baseband symbol s multiplied by some complex weight α.sub.i. Beamforming controller 302 may then map each element of p.sub.BBs to a respective RF chain of RF system 304, which may each perform digital to analog conversion (DAC), radio carrier modulation, and amplification on the received weighted symbols before providing the resulting RF symbols to a respective element of antenna array 306. Antenna array 306 may then wirelessly transmit each RF symbol.) (Col 10, lines 5-33).
Regarding Claim 7, Badic teaches wherein the plurality of beams are associated with corresponding groups of search spaces defining monitoring occasions in time (i.e., transmission and reception of the beam recovery request in 710, the gNB changes it beam(s) based on the received beam recovery request 712 while the UE changes its beam(s) to the selected beam(s) of the candidate UE-beams 714. This procedure may include, for example, the gNB to start transmitting DCI (downlink control information) in PDCCH (physical downlink control channel) in the search space indicated via the RRC field recoverySearchSpaceId in the RRC IE BeamFadureRecoveryConfig, starting from downlink (DL) slot └n.Math.2.sup.μ.sup.DL/2.sup.μ.sup.UL┘+4, where μ.sub.DL∈{0, 1, 2, 3} and μ.sub.UL∈{0, 1, 2, 3} denote downlink and uplink subcarrier spacing (SCS) configuration, e.g., subcarrier spacing Δf=2.sup.μ.Math.15 KHz,)(Col 19, lines 18-36).
Regarding Claim 8, Badic teaches wherein an association between the plurality of beams and the corresponding groups of search spaces is defined by a configuration of the search spaces via radio resource control (RRC) signaling (i.e., transmission and reception of the beam recovery request in 710, the gNB changes it beam(s) based on the received beam recovery request 712 while the UE changes its beam(s) to the selected beam(s) of the candidate UE-beams 714. This procedure may include, for example, the gNB to start transmitting DCI (downlink control information) in PDCCH (physical downlink control channel) in the search space indicated via the RRC field recoverySearchSpaceId in the RRC IE BeamFadureRecoveryConfig, starting from downlink (DL) slot └n.Math.2.sup.μ.sup.DL/2.sup.μ.sup.UL┘+4, where μ.sub.DL∈{0, 1, 2, 3} and μ.sub.UL∈{0, 1, 2, 3} denote downlink and uplink subcarrier spacing (SCS) configuration, e.g., subcarrier spacing Δf=2.sup.μ.Math.15 KHz,)(Col 19, lines 18-36).
Regarding Claim 9, Badic teaches which is configured with a plurality of groups of search spaces defining monitoring occasions in time, wherein the UE receives a first signal initiating switching from the first beam to the second beam, and a second signal including an indication of a group of search spaces associated with the second beam, out of the plurality of groups of search spaces as the second time resource (i.e., transmit the candidate partner beam information to the communication partner device, for example, through a beam recovery request to the communication partner 610. In response to this request, the communication partner may then adjust its beamform configuration based on the request 612 (adjust to the partner-side beam of the beam pair), while the device may adjust its own beamform configuration accordingly 614 (adjust to the device-side beam of the beam pair). The timing of the shift to the beam pair may be according to a timing schedule maintained between the device and the communication partner device. In the context of body-detection-based beam recovery methods of this invention, the terminal device may switch to the identified candidate device-beam on or before the time-schedule. Such an earlier switching may be beneficial or necessary to satisfy time-domain aspects of the MPE requirement. The partner device may switch to the device-indicated preferred set of beams or some other beams. The latter case may arise when the partner device can estimate its own set of MPE-compliant beams) (Col 17, lines 35-63).
Regarding Claim 10 Badic teaches wherein the UE is configured with a plurality of groups of search spaces defining monitoring occasions in time, and the signal indicates a group of search spaces associated with the second beam, out of the plurality of groups of search spaces as the second time resource (i.e., transmission and reception of the beam recovery request in 710, the gNB changes it beam(s) based on the received beam recovery request 712 while the UE changes its beam(s) to the selected beam(s) of the candidate UE-beams 714. This procedure may include, for example, the gNB to start transmitting DCI (downlink control information) in PDCCH (physical downlink control channel) in the search space indicated via the RRC field recoverySearchSpaceId in the RRC IE BeamFadureRecoveryConfig, starting from downlink (DL) slot └n.Math.2.sup.μ.sup.DL/2.sup.μ.sup.UL┘+4, where μ.sub.DL∈{0, 1, 2, 3} and μ.sub.UL∈{0, 1, 2, 3} denote downlink and uplink subcarrier spacing (SCS) configuration, e.g., subcarrier spacing Δf=2.sup.μ.Math.15 KHz, respectively. Eventually, the gNB may update active transmission configuration indicator (TCI) states via a TCI States Activation/Deactivation for UE-specific PDSCH (physical downlink shared channel) MAC (medium access control) CE (control element). The UE may switch its beams to the identified candidate UE-beams) (Col 19, lines 18-36) .
Regarding Claim 11, Badic teaches wherein the transceiver, in operation, receives radio resource control (RRC) signaling including an indication of the second time or frequency resource and including an indication to switch to the second time or frequency resource at the timing of switching to the second beam(i.e., transmission and reception of the beam recovery request in 710, the gNB changes it beam(s) based on the received beam recovery request 712 while the UE changes its beam(s) to the selected beam(s) of the candidate UE-beams 714. This procedure may include, for example, the gNB to start transmitting DCI (downlink control information) in PDCCH (physical downlink control channel) in the search space indicated via the RRC field recoverySearchSpaceId in the RRC IE BeamFadureRecoveryConfig, starting from downlink (DL) slot └n.Math.2.sup.μ.sup.DL/2.sup.μ.sup.UL┘+4, where μ.sub.DL∈{0, 1, 2, 3} and μ.sub.UL∈{0, 1, 2, 3} denote downlink and uplink subcarrier spacing (SCS) configuration, e.g., subcarrier spacing Δf=2.sup.μ.Math.15 KHz,)(Col 19, lines 18-36).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Badic et al., (US Patent No. 10812125 B1), “Radiation Exposure Control For Beamforming Technologies” (October 20, 2020).
Sengupta et al., (US Patent No. 11871243 B2), “Spectrum Sharing Between Fifth Generation New Radio And Long Term Evolution In Licensed And Unlicensed Bands” (September 1, 2024).
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE D MIZRAHI whose telephone number is 571- 272-4079. The examiner can normally be reached on 7:30-3:30 PM (7:30 - 4:30 p.m.).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison T. Slater can be reached on (571) 270-0375. The fax phone numbers for the organization where this application or proceeding is assigned are (703) 872-9306 for regular communications and for After Final communication.
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/DIANE D MIZRAHI/ Primary Examiner, Art Unit 2647
Diane.Mizrahi@USPTO.gov