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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 9, 2026 has been entered.
Response to Arguments
Applicant's arguments filed September 9, 2026, have been fully considered but they are not persuasive because Yuan discloses the amended limitations except that the explicit selection of the activated TCI by the ser equipment or the apparatus.
As per the Applicant’s argument that Yuan does not disclose the selection of a second activated TCI state from among the set of activated TCI states, and the UL indication signal indicated the selected second activated TCI state of the set of activated TCI states, the Examiner respectfully disagrees. Yuan, such as in paragraph [0054], discloses the same. That is, the paragraph describes, “ For example, in cases where the MAC-CE selects an uplink TCI state subset that includes eight or fewer RRC-configured candidate uplink TCI states, the DCI may include three (3) bits to indicate one of the uplink TCI states in the selected subset that is to be activated for the uplink communication. Accordingly, as further shown by reference number 338, the UE 120 may transmit, and the base station 110 may receive, the uplink communication using the uplink TCI state indicated in the DCI. For example, in some aspects, the UE 120 may transmit a dynamically scheduled, aperiodic, or semi-persistently scheduled uplink reference signal or uplink channel using an uplink transmit beam associated with the uplink TCI state activated via the DCI (e.g., according to a dynamic grant, a configured grant, and/or the like)”.
Therefore, the argument is not persuasive in view of Yuan.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 9, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan et al. (US 2023/0025072 A1) in view of Li et al. (US 2022/0159662 A1).
Regarding claim 1, Yuan discloses an apparatus (120), comprising at least one processor (280), and at least one memory including computer program code (282), wherein the at least one memory and the computer program code are configured to, with the at least one processor (fig. 2), cause the apparatus (120) at least to perform: receive from a wireless network node association information between a set of activated Transmission Coordination Indication, TCI, states and a set of Uplink, UL, indication signals (paragraph [0005]-[0014]; [0041]; [0045]-[0053]; [0068]; [0083]; and so on, illustrating the reception of TCI through RRC, MAC-CE, and DCI associated with uplink resources information or communication, such as SRS, PUCCH, PUSCH, and so on), wherein at least one activated TCI state of the set of activated TCI states is associated with at least one UL indication signal of the set of UL indication signals (figs. 3A-5; paragraph [0005]-[0014]; [0040]-[0041]; [0045]-[0054]; [0057]-[0067]; [0072]-[0082]; and etc., explaining at least one of activated TCI is associated with at least one uplink resource information or communication, such SRS, PUCCH, PUSCH, and the like); communicate with the wireless network node using a first activated TCI state of the set of activated TCI states (figs. 3A-3B, 4-5; paragraph [0045]-[0052]; [0059]; [0074]; [0005]-[0012]; [0040]-[0043]; and so on, describing communicating with the base station 110 using an activated TCI indicated by MAC-CE); select a second activated TCI state from among the set of activated TCI states [by MAC-CE and DCI] (e.g. paragraph [0054]); and transmit one UL indication signal of the set of UL indication signals to the wireless network node (figs. 3A-3C, 4-5; paragraph [0045]-[0054]; [0059]; [0074]; [0005]-[0012]; [0040]-[0043]; and so on, illustrating the transmission of uplink communication, such SRS, PUCCH, PUSCH associated to a TCI identified by MAC-CE included in the RRC), wherein said one UL indication signal indicates the selected second activated TCI state of the set of activated TCI states (figs. 3C, 4-5; paragraph [0053]-[0054]; [0045]; [0049]; [0063]; [0078]; and so on, explaining that uplink communication, such as reference signal associated with TCI state indicated by the DCI).
Yuan does not explicitly disclose the selection of second activated TCI state is by the apparatus.
Li teaches the selection of second activated TCI state is by the apparatus (paragraph [0185]; [0009]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the selection of second activated TCI state is by the apparatus as taught by Li into Yuan in order to reduce congestion, and to improve quality of service.
Regarding claim 2, Yuan discloses wherein each UL indication signal of the set of UL indication signals indicates a separate activated TCI state of the set of activated TCI states (figs. 3B-5).
Regarding claim 3, Yuan further discloses caused to perform: detect a need to change from the used, first activated TCI state of the set of activated TCI states to the selected second activated TCI state of the set of activated TCI states (figs. 3C, 4-5; paragraph [0053]-[0054]; [0045]; [0049]; [0063]; [0078]; and so on).
Regarding claim 9, Yuan further discloses caused to perform: communicate with the wireless network node using the second activated TCI state without waiting for any acknowledgement (figs. 3C, 4-5; paragraph [0053]-[0054]; [0045]; [0049]; [0063]; [0078]; and so on).
Regarding claim 13, Yuan discloses an apparatus (110) comprising at least one processor (240), and at least one memory (242) including computer program code, wherein the at least one memory and the computer program code are configured to, with the at least one processor (fig. 2), cause the apparatus at least to perform: transmit to a user equipment (120) association information between a set of activated Transmission Coordination Indication, TCI, states and a set of UL indication signals, wherein at least one activated TCI state of the set of activated TCI states is associated with at least one Uplink, UL, indication signal of the set of UL indication signals (figs. 3A-5; paragraph [0047]-[0052]; [0053]-[0054]; and so on); communicate with the user equipment using a first activated TCI state of the set of activated TCI states (figs. 3A-3B, 4-5; paragraph [0045]-[0052]; [0059]; [0074]; [0005]-[0012]; [0040]-[0043]; and so on); and receive from the user equipment one UL indication signal of the set of UL indication signals (figs. 3A-3C, 4-5; paragraph [0045]-[0054]; [0059]; [0074]; [0005]-[0012]; [0040]-[0043]; and so on), wherein said one UL indication signal indicates a second activated TCI state of the set of activated TCI states (figs. 3C, 4-5; paragraph [0053]-[0054]; [0045]; [0049]; [0063]; [0078]; and so on).
Yuan does not explicitly disclose the second activated TCI state is selected by the user equipment.
Li teaches the second activated TCI state is selected by the user equipment (paragraph [0185]; [0009]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the second activated TCI state is selected by the user equipment as taught by Li into Yuan in order to reduce congestion, and to improve quality of service.
Regarding claim 14, the claim includes features identical to the subject matter mentioned in the rejection to claim 1. The claim is a mere reformulation of claim 1 in order to define the corresponding method, and the rejection to claim is applied hereto.
Claims 4-6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Li, and further in view of Park et al. (US 2021/0185691 A1).
Regarding claim 4, as applied above, Yuan further discloses the second activated TCI state of the set activated TCI state. However, Yuan doesn’t disclose caused to perform: receive an acknowledgement from the wireless network node, wherein the acknowledgement indicates that the second activated TCI state of the set activated TCI states is to be used; and communicate with the wireless network node using the second activated TCI state of the set of activated TCI states upon receiving the acknowledgement.
Park teaches caused to perform: receive an acknowledgement from the wireless network node, wherein the acknowledgement indicates that the second activated TCI state of the set activated TCI states is to be used (e.g. fig. 4; paragraph [0128]); and communicate with the wireless network node using the second activated TCI state of the set of activated TCI states upon receiving the acknowledgement (e.g. fig. 4; paragraph [0129]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use caused to perform: receive an acknowledgement from the wireless network node, wherein the acknowledgement indicates that the second activated TCI state of the set activated TCI states is to be used; and communicate with the wireless network node using the second activated TCI state of the set of activated TCI states upon receiving the acknowledgement as taught by Park into Yuan in order to improve resource utilization.
Regarding claim 5, as applied above, Yuan further discloses the second activated TCI state of the set activated TCI state. However, Yuan doesn’t disclose caused to perform: receive an acknowledgement from the wireless network node, wherein the acknowledgement indicates that a third activated TCI state of the set of activated TCI states is to be used; and communicate with the wireless network node using the third activated TCI state of the set of activated TCI states upon receiving the acknowledgement.
Park teaches caused to perform: receive an acknowledgement from the wireless network node, wherein the acknowledgement indicates that a third activated TCI state of the set of activated TCI states is to be used (e.g. fig. 4; paragraph [0128]); and communicate with the wireless network node using the third activated TCI state of the set of activated TCI states upon receiving the acknowledgement (e.g. fig. 4; paragraph [0129]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use caused to perform: receive an acknowledgement from the wireless network node, wherein the acknowledgement indicates that a third activated TCI state of the set of activated TCI states is to be used; and communicate with the wireless network node using the third activated TCI state of the set of activated TCI states upon receiving the acknowledgement as taught by Park into Yuan in order to improve resource utilization.
Regarding claim 6, as applied above, Yuan further discloses communicate with the wireless network node. However, Yuan doesn’t disclose caused to perform: receive an acknowledgement from the wireless network node, wherein the acknowledgement is a negative acknowledgement; and communicate with the wireless network node using a fall-back TCI state upon receiving the negative acknowledgement.
Park discloses caused to perform: receive an acknowledgement from the wireless network node, wherein the acknowledgement is a negative acknowledgement (e.g. fig. 4; paragraph [0128]); and communicate with the wireless network node using a fall-back TCI state upon receiving the negative acknowledgement (e.g. fig. 4; paragraph [0129]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use caused to perform: receive an acknowledgement from the wireless network node, wherein the acknowledgement is a negative acknowledgement; and communicate with the wireless network node using a fall-back TCI state upon receiving the negative acknowledgement as taught by Park into Yuan in order to improve resource utilization.
Regarding claim 11, Yuan further discloses caused to perform: transmit at least one other UL indication signal of the set of UL indication signals to the wireless network node (figs. 3A-3C, 4-5; paragraph [0045]-[0052]; [0059]; [0074]; [0005]-[0012]; [0040]-[0043]; and so on).
Yuan doesn’t explicitly disclose receive an indication from the wireless network node, wherein the indication indicates an activated TCI state to be used, the activated TCI state to be used being the second activated TCI state corresponding to said one UL indication signal or an activated TCI state corresponding to the at least one other UL indication signal; and communicate with the wireless network node using the activated TCI state to be used.
Park teaches receive an indication from the wireless network node, wherein the indication indicates an activated TCI state to be used, the activated TCI state to be used being the second activated TCI state corresponding to said one UL indication signal or an activated TCI state corresponding to the at least one other UL indication signal (e.g. fig. 4; paragraph [0128]); and communicate with the wireless network node using the activated TCI state to be used (e.g. fig. 4; paragraph [0129]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use receive an indication from the wireless network node, wherein the indication indicates an activated TCI state to be used, the activated TCI state to be used being the second activated TCI state corresponding to said one UL indication signal or an activated TCI state corresponding to the at least one other UL indication signal; and communicate with the wireless network node using the activated TCI state to be used as taught by Park into Yuan in order to improve resource utilization.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Li, and further in view of Matsumura et al. (US 2021/0076442 A1).
Regarding claim 7, as applied above, Yuan further discloses wireless network node using the second activated TCI state, a third activated TCI state. However, Yuan doesn’t disclose caused to perform: start a beam activation timer upon receiving an acknowledgement from the wireless network node; and communicate with the wireless network node using the second activated TCI state, a third activated TCI state or a fall-back TCI state upon expiry of the beam activation timer.
Matsumura teaches caused to perform: start a beam activation timer upon receiving an acknowledgement from the wireless network node (paragraph [0009]; [0090]-[0092]; [0133]; and so on); and communicate with the wireless network node using the second activated TCI state, a third activated TCI state or a fall-back TCI state upon expiry of the beam activation timer (paragraph [0046]-[0063]; and etc.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use caused to perform: start a beam activation timer upon receiving an acknowledgement from the wireless network node; and communicate with the wireless network node using the second activated TCI state, a third activated TCI state or a fall-back TCI state upon expiry of the beam activation timer as taught by Matsumura into Yuan in order to reduce dropping of data packets and congestion.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Li and Park, and further in view of Matsumura.
Regarding claim 12, as applied above, Yuan discloses wherein said one UL indication signal. However, Yuan doesn’t disclose the at least one other UL indication signal are transmitted within a preamble transmission time window.
Matsumura teaches the at least one other UL indication signal are transmitted within a preamble transmission time window (paragraph [0009]; [0052]-[0057]; [0155]; and so on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the at least one other UL indication signal are transmitted within a preamble transmission time window as taught by Matsumura into Yuan in order to reduce congestion and to improve synchronization.
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yuan in view of Li, and further in view of Sakhnini et al. (US 2021/0360601 A1).
Regarding claim 8, as applied above, Yuan further discloses communicate with the wireless network node. However, Yuan doesn’t disclose caused to perform: start an acknowledgement timer upon transmitting said one UL indication signal; and communicate with the wireless network node using a fall-back TCI state when no acknowledgement was received while the acknowledgement timer was running.
Sakhnini teaches caused to perform: start an acknowledgement timer 540) upon transmitting said one UL indication signal (fig. 5; paragraph [0099]; and so on); and communicate with the wireless network node using a fall-back TCI state when no acknowledgement was received while the acknowledgement timer was running (paragraph [0086]-[0083]; and so on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use caused to perform: start an acknowledgement timer upon transmitting said one UL indication signal; and communicate with the wireless network node using a fall-back TCI state when no acknowledgement was received while the acknowledgement timer was running as taught by Sakhnini into Yuan in order to reduce delay and overloading.
Regarding claim 10, as applied above, Yuan further discloses communicate with the wireless network node. However, Yuan doesn’t disclose caused to perform: start a beam switch delay timer upon transmitting said one UL indication signal; and communicate with the wireless network node using the second activated TCI state upon expiry of the beam switch delay timer.
Sakhnini teaches caused to perform: start a beam switch delay timer upon transmitting said one UL indication signal (paragraph [0072]-[0074]; [0080]; [0100]-[0103]; and etc.); and communicate with the wireless network node using the second activated TCI state upon expiry of the beam switch delay timer (paragraph [0030]-[0034]; [0072]-[0074]; [0079]-[0083]; [0094]; and so on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use caused to perform: start a beam switch delay timer upon transmitting said one UL indication signal; and communicate with the wireless network node using the second activated TCI state upon expiry of the beam switch delay timer as taught by Sakhnini into Yuan in order to reduce delay and overloading.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIBROM T HAILU whose telephone number is (571)270-1209. The examiner can normally be reached M-F 8:00 AM to 5:30 PM.
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/KIBROM T HAILU/Primary Examiner, Art Unit 2461
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