DETAILED ACTION
This office action in response to an application filing received December 7, 2023. The preliminary amendment received August 14, 2025 has been entered. The Application Data Sheet received on December 7, 2023 has been considered.
Claims 9-12 are pending. Claims 9-12 are newly added. Claims 1-8 are cancelled.
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
The information disclosure statement filed December 07, 2023, and July 30, 2025 has been considered.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains legal phraseology (i.e. disclosure). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
MPEP § 2111.04(II) states in relevant part:
The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. For example, assume a method claim requires step A if a first condition happens and step B if a second condition happens. If the claimed invention may be practiced without either the first or second condition happening, then neither step A or B is required by the broadest reasonable interpretation of the claim. If the claimed invention requires the first condition to occur, then the broadest reasonable interpretation of the claim requires step A. If the claimed invention requires both the first and second conditions to occur, then the broadest reasonable interpretation of the claim requires both steps A and B.
…
See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) for an analysis of contingent claim limitations in the context of both method claims and system claims. In Schulhauser, both method claims and system claims recited the same contingent step. When analyzing the claimed method as a whole, the PTAB determined that giving the claim its broadest reasonable interpretation, "[i]f the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed" (quotation omitted). Schulhauser at 10.
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Therefore "[t]he Examiner did not need to present evidence of the obviousness of the [ ] method steps of claim 1 that are not required to be performed under a broadest reasonable interpretation of the claim (e.g., instances in which the electrocardiac signal data is not within the threshold electrocardiac criteria such that the condition precedent for the determining step and the remaining steps of claim 1 has not been met);" however to render the claimed system obvious, the prior art must teach the structure that performs the function of the contingent step along with the other recited claim limitations. Schulhauser at 9, 14.
Independent claim 10, recites a method. In accordance with MPEP § 2111.04(II), conditional limitations within method claims will be treated as not being required to be performed under the broadest reasonable interpretation (BRI). Specifically, claim 10 recites (with emphasis added), “when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP”.
As the limitation includes a “when” condition, this is considered to introduce a conditional limitation. Therefore, the Office considers the BRI of claim 10 to include a scenario where a beam failure is not detected in a first transmission/reception point (TRP) among the first TRP and a second TRP.
In the event that beam failure is not detected in a first transmission/reception point (TRP) among the first TRP and a second TRP, subsequent actions in claim 10 (“controlling transmission of an SR using a PUCCH resource associated with the first TRP”) would not be performed and therefore would not be included in the BRI.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 non-obviousness.
Claim(s) 9-12, are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al., US 11032803 B2, (hereinafter Lee) in view of Wang et al., US 20240049010 A1, (hereinafter Wang).
Regarding claim 9 and 10, Lee teaches a terminal comprising: a transmitter that transmits capability information related to a number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group (see Col. 2, lines 25-28, e.g., a UE for transmitting an uplink signal in a wireless communication system includes a receiver and a transmitter, and a processor configured to control the receiver and the transmitter; See Col. 22, lines 35-46, e.g., For each CG, the UE may report a capability of simultaneous transmission of PUCCH/PUSCH, sPUCCH/sPUSCH, sPUCCH/PUSCH, PUCCH/sPUSCH, PUSCH/sPUSCH, PUCCH/sPUCCH, PUCCH/PUSCH having different TTI lengths (or different numerologies/processing times), PUSCH/PUSCH having different TTI lengths (or different numerologies/processing times), or PUCCH/PUCCH having different TTI lengths (or different numerologies/processing times). Further, the UE may report a PUCCH and PUSCH simultaneous capability to the network, on a CG basis; See TABLE 4, e.g., PUCCH format; Usage SR (Scheduling Request));
however, it does not explicitly teach, and a processor that, when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP, controls transmission of an SR using a PUCCH resource associated with the first TRP.
Wang teaches, a processor that, when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP (see ¶ [0015], e.g., According to a third aspect, a terminal is provided, including a processor, a memory, and a program stored in the memory and executable on the processor; see ¶ [0159], e.g., Refer to FIG. 4. An embodiment of this application provides a multi-TRP beam failure recovery apparatus, which is applied to a terminal and includes an execution module 401, configured to perform a first operation in a case that beam failure occurs on at least some of the multiple TRPs.),
controls transmission of an SR using a PUCCH resource associated with the first TRP (see ¶ [0160], e.g., The first operation includes one or more of the following. ¶ [0163], Sending a first message on one or multiple first resources, where the first message includes an SR and/or a BFR MAC CE. ¶ [0172] In an implementation of this application, the multiple first resources include multiple PUCCH resources or uplink grant resources, and the multiple PUCCH resources or UL grant resources correspond to multiple TRPs. ¶ [0173] In an implementation of this application, the step of sending a first message on multiple first resources includes: ¶ [0174] determining a target transmission resource among the multiple PUCCH resources or UL grant resources; and ¶ [0175] sending the first message on the target transmission resource. ¶ [0176] The target transmission resource includes one of the following. ¶ [0177] (1) A PUCCH resource or a UL grant resource closest to the beam failure (point of time) in time domain. ¶ [0178] (2) A PUCCH resource or a UL grant resource associated with a TRP with beam failure.).
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to have modified capability reporting of a user equipment (UE) of Lee to incorporate the teachings of Wang to include, control transmission of an SR using a PUCCH resource associated with a transmission/reception point (TRP), when a beam failure is detected in the TRP. Doing so would facilitate in achieving beam failure recovery as suggested by Wang (see ¶ [0005], e.g., a beam failure recovery method for multiple TRPs is provided, including: [0006] performing, by a terminal, a first operation in a case that beam failure occurs on at least some of the multiple TRPs; where [0007] the first operation includes one or more of the following: [0008] measuring a candidate beam reference signal to determine a new beam; and [0009] sending a first message on one or multiple first resources, where the first message includes a scheduling request (SR) and/or a beam failure recovery (BFR) media access control control element (MAC CE)).
Regarding claim 11, Lee teaches a base station comprising: a receiver that receives capability information related to a number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group (see Col. 3, lines 33-40, e.g., A BS is typically a fixed station that communicates with a UE and/or another BS. The BS exchanges data and control information with a UE and another BS; see Col. 2, lines 3-6, e.g., the method may further include reporting a simultaneous transmission capability for uplink channels having a plurality of TTI lengths to a base station; See Col. 22, lines 35-46, e.g., For each CG, the UE may report a capability of simultaneous transmission of PUCCH/PUSCH, sPUCCH/sPUSCH, sPUCCH/PUSCH, PUCCH/sPUSCH, PUSCH/sPUSCH, PUCCH/sPUCCH, PUCCH/PUSCH having different TTI lengths (or different numerologies/processing times), PUSCH/PUSCH having different TTI lengths (or different numerologies/processing times), or PUCCH/PUCCH having different TTI lengths (or different numerologies/processing times). Further, the UE may report a PUCCH and PUSCH simultaneous capability to the network, on a CG basis; See TABLE 4, e.g., PUCCH format; Usage SR (Scheduling Request));
however, it does not explicitly teach, and a processor that, when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP, controls transmission of an SR using a PUCCH resource associated with the first TRP.
Wang teaches, a processor that, when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP (see ¶ [0015], e.g., According to a third aspect, a terminal is provided, including a processor, a memory, and a program stored in the memory and executable on the processor; see ¶ [0159], e.g., Refer to FIG. 4. An embodiment of this application provides a multi-TRP beam failure recovery apparatus, which is applied to a terminal and includes an execution module 401, configured to perform a first operation in a case that beam failure occurs on at least some of the multiple TRPs.),
controls transmission of an SR using a PUCCH resource associated with the first TRP (see ¶ [0160], e.g., The first operation includes one or more of the following. ¶ [0163], Sending a first message on one or multiple first resources, where the first message includes an SR and/or a BFR MAC CE. ¶ [0172] In an implementation of this application, the multiple first resources include multiple PUCCH resources or uplink grant resources, and the multiple PUCCH resources or UL grant resources correspond to multiple TRPs. ¶ [0173] In an implementation of this application, the step of sending a first message on multiple first resources includes: ¶ [0174] determining a target transmission resource among the multiple PUCCH resources or UL grant resources; and ¶ [0175] sending the first message on the target transmission resource. ¶ [0176] The target transmission resource includes one of the following. ¶ [0177] (1) A PUCCH resource or a UL grant resource closest to the beam failure (point of time) in time domain. ¶ [0178] (2) A PUCCH resource or a UL grant resource associated with a TRP with beam failure.).
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to have modified capability reporting of a user equipment (UE) of Lee to incorporate the teachings of Wang to include, control transmission of an SR using a PUCCH resource associated with a transmission/reception point (TRP), when a beam failure is detected in the TRP. Doing so would facilitate in achieving beam failure recovery as suggested by Wang (see ¶ [0005], e.g., a beam failure recovery method for multiple TRPs is provided, including: [0006] performing, by a terminal, a first operation in a case that beam failure occurs on at least some of the multiple TRPs; where [0007] the first operation includes one or more of the following: [0008] measuring a candidate beam reference signal to determine a new beam; and [0009] sending a first message on one or multiple first resources, where the first message includes a scheduling request (SR) and/or a beam failure recovery (BFR) media access control control element (MAC CE)).
Regarding claim 12, Lee teaches system comprising a terminal and a base station, wherein the terminal comprises: a transmitter that transmits capability information related to a number of physical uplink control channel (PUCCH) resources for scheduling requests (SRs) capable of being supported in a cell group and
the base station comprises: a receiver that receives the capability information (see Col. 2, lines 27-29, e.g., The UE is a device that transmits and receives user data and/or control information by communicating with a base station (BS); see Col. 2, lines 3-6, e.g., the method may further include reporting a simultaneous transmission capability for uplink channels having a plurality of TTI lengths to a base station; See Col. 22, lines 35-46, e.g., For each CG, the UE may report a capability of simultaneous transmission of PUCCH/PUSCH, sPUCCH/sPUSCH, sPUCCH/PUSCH, PUCCH/sPUSCH, PUSCH/sPUSCH, PUCCH/sPUCCH, PUCCH/PUSCH having different TTI lengths (or different numerologies/processing times), PUSCH/PUSCH having different TTI lengths (or different numerologies/processing times), or PUCCH/PUCCH having different TTI lengths (or different numerologies/processing times). Further, the UE may report a PUCCH and PUSCH simultaneous capability to the network, on a CG basis; See TABLE 4, e.g., PUCCH format; Usage SR (Scheduling Request));
however, it does not explicitly teach, and a processor that, when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP, controls transmission of an SR using a PUCCH resource associated with the first TRP.
Wang teaches, a processor that, when a beam failure is detected in a first transmission/reception point (TRP) among the first TRP and a second TRP (see ¶ [0015], e.g., According to a third aspect, a terminal is provided, including a processor, a memory, and a program stored in the memory and executable on the processor; see ¶ [0159], e.g., Refer to FIG. 4. An embodiment of this application provides a multi-TRP beam failure recovery apparatus, which is applied to a terminal and includes an execution module 401, configured to perform a first operation in a case that beam failure occurs on at least some of the multiple TRPs.),
controls transmission of an SR using a PUCCH resource associated with the first TRP (see ¶ [0160], e.g., The first operation includes one or more of the following. ¶ [0163], Sending a first message on one or multiple first resources, where the first message includes an SR and/or a BFR MAC CE. ¶ [0172] In an implementation of this application, the multiple first resources include multiple PUCCH resources or uplink grant resources, and the multiple PUCCH resources or UL grant resources correspond to multiple TRPs. ¶ [0173] In an implementation of this application, the step of sending a first message on multiple first resources includes: ¶ [0174] determining a target transmission resource among the multiple PUCCH resources or UL grant resources; and ¶ [0175] sending the first message on the target transmission resource. ¶ [0176] The target transmission resource includes one of the following. ¶ [0177] (1) A PUCCH resource or a UL grant resource closest to the beam failure (point of time) in time domain. ¶ [0178] (2) A PUCCH resource or a UL grant resource associated with a TRP with beam failure.).
It would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to have modified capability reporting of a user equipment (UE) of Lee to incorporate the teachings of Wang to include, control transmission of an SR using a PUCCH resource associated with a transmission/reception point (TRP), when a beam failure is detected in the TRP. Doing so would facilitate in achieving beam failure recovery as suggested by Wang (see ¶ [0005], e.g., a beam failure recovery method for multiple TRPs is provided, including: [0006] performing, by a terminal, a first operation in a case that beam failure occurs on at least some of the multiple TRPs; where [0007] the first operation includes one or more of the following: [0008] measuring a candidate beam reference signal to determine a new beam; and [0009] sending a first message on one or multiple first resources, where the first message includes a scheduling request (SR) and/or a beam failure recovery (BFR) media access control control element (MAC CE)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230319936 A1 issued to GO et al.
US 12028922 B2 issued to Kang et al.
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/POONAM SHARMA/Examiner, Art Unit 2472
/KEVIN T BATES/Supervisory Patent Examiner, Art Unit 2472