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 .
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive. For amended claim 1, Applicant states that R1 does not disclose “responsive to receiving a command; ceasing to monitor the first number of PDCCH monitoring candidates on slots of the first serving cell” however, R1 discloses this limitation in previously cited paragraphs 354-358, 373-376 different cells and which PDCCH in the cell is monitored can be balanced via a command to switch between the monitoring candidates which causes the first wireless device to ‘refrain from performing monitoring’, See paragraphs 71, 198, 204-208, 236-239, 282-286, and 313-328 for further elaboration about the deactivation commands for selection of monitoring candidates which shows the commands are both for activation and deactivation in a single command. Therefore, since R1 discloses the claimed amended limitations, the rejections under the prior art are maintained.
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 1-3, 6-11, 13-18, 21-23, 25, and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al (US 2019/0357238)[R1].
For claim 1, R1 discloses receiving a radio resource control, RRC, layer message configuring cross carrier scheduling from a first serving cell configured for the communication device to a second serving cell (paragraphs 249-252, 372-374); responsive to receiving the RRC layer message, monitoring, while the first serving cell is activated, a first number of PDCCH monitoring candidates on slots of the first serving cell for downlink control information, DCI, formats with physical downlink shared channel, PDSCH, resource assignments and/or physical uplink shared channel, PUSCH, grants for the second serving cell (paragraphs 373-375, 236-239, also 313-328 for DCI formats and MAC CE deactivation commands); and responsive to receiving a command: ceasing to monitor the first number of PDCCH monitoring candidates on slots of the first serving cell; and monitoring a second number of PDCCH monitoring candidates on slots of the second serving cell for DCI formats with PDSCH resource assignments and/or PUSCH grants for the second serving cell (paragraphs 354-358, 373-376 different cells and which PDCCH in the cell is monitored See paragraphs 71, 198, 204-210, 236-239 and 313-328 for further explanation).
For claim 2, R1 discloses the command is a serving cell deactivation Medium Access Control Command Element, MAC CE, deactivating the first serving cell or a serving cell dormancy indication that switches the bandwidth part, BWP, of the first serving cell to a dormant BWP (paragraphs 71, 198, 204-210, 313-318).
For claims 3 and 18, R1 discloses determining the first number of PDCCH monitoring candidates based on a first RRC configured parameter (paragraphs 345-348, 353-358, 362-366).
For claim 6, R1 discloses receiving the first RRC configured parameter in a search space configuration as part of a RRC layer configuration for the second serving cell (paragraphs 354-358, 373-376, 384-385, 230).
For claim 7, R1 discloses the first RRC configured parameter indicates the first number of PDCCH monitoring candidates (paragraphs 345-348, 353-358, 362-366).
For claim 8, R1 discloses receiving a search space configuration as part of a RRC layer configuration for the second serving cell, the search space configuration including a first parameter indicating the first number of PDCCH monitoring candidates for a PDCCH control channel element, CCE, aggregation level and a second parameter indicating the second number of PDCCH monitoring candidates for the PDCCH CCE aggregation level (paragraphs 345-348, 353-358, 362-366).
For clam 9, R1 discloses a third parameter indicating a third number of PDCCH monitoring candidates for the PDCCH CCE aggregation level, the method further comprising: monitoring, while the first serving cell is activated, the third number of PDCCH monitoring candidates on the second serving cell for DCI formats with PDSCH resource assignments and/or PUSCH grants for the second serving cell (paragraphs 334-345).
For clam 10, R1 discloses receiving a plurality of search space configurations as part of a RRC layer configuration for the second serving cell, the plurality of search space configurations including a first search space configuration and a second search space configuration (paragraphs 345-348, 353-358, 362-366); determining the first number of PDCCH monitoring candidates based on at least one parameter of the first search space configuration (paragraphs 345-348, 353-358, 362-366); and determining the second number of PDCCH monitoring candidates based on at least one parameter of the second search space configuration (paragraphs 345-348, 353-358, 362-366).
For claim 11, R1 discloses responsive to the first serving cell being activated or an active bandwidth part, BWP, of the first serving cell being set to a non-dormant BWP, ceasing to monitor the second number of PDCCH monitoring candidates based on the at least one parameter of the second search space configuration (paragraphs 326-343 deactivating).
For claim 13, R1 discloses monitoring only the first number of PDCCH monitoring candidates on slots of the first serving cell for downlink control information, DCI, formats with physical downlink shared channel, PDSCH, resource assignments and/or PUSCH grants for the second serving cell (paragraphs 332-360).
For claim 14, R1 discloses ceasing monitoring the second number of PDCCH monitoring candidates on slots of the second serving cell for downlink control information, DCI, formats with physical downlink shared channel, PDSCH, resource assignments and/or PUSCH grants for the second serving cell (paragraphs 332-360).
For claim 15, R1 discloses the first serving cell is a Secondary serving cell (SCell) and second serving cell is a Primary serving cell (PCell) (paragraphs 345-348, 353-358, 362-366).
For claim 16, R1 discloses monitoring a fourth number of PDCCH monitoring candidates based on common search space sets of the second serving cell regardless of whether the first serving cell is activated or not (paragraphs 345-348, 353-358, 362-366).
For claim 17, R1 discloses transmitting a radio resource control, RRC, layer message configuring cross-carrier scheduling from a first serving cell configured for the communication device to a second serving cell (paragraphs 354-358, 373-376 different cells and which PDCCH in the cell is monitored See paragraphs 71, 198, 204-210, 236-239 and 313-328 for further explanation); responsive to transmitting the RRC layer message, transmitting, while the first serving cell is activated, a first number of PDCCH monitoring candidates on slots of the first serving cell for downlink control information, DCI, formats with physical downlink shared channel, PDSCH, resource assignments and/or physical uplink shared channel, PUSCH, grants for the second serving cell (paragraphs 354-358, 373-376 different cells and which PDCCH in the cell is monitored See paragraphs 71, 198, 204-210, 236-239 and 313-328 for further explanation).; transmitting a command to the communication device, the command including an indication that the communication device cease monitoring the PDCCH monitoring candidates on slots of the first serving cell (paragraphs 354-358, 373-376 different cells and which PDCCH in the cell is monitored See paragraphs 71, 198, 204-210, 236-239 and 313-328 for further explanation).; and transmitting a second number of PDCCH monitoring candidates on slots of the second serving cell for DCI formats with PDSCH resource assignments or PUSCH grants for the second serving cell (paragraphs 354-358, 373-376 different cells and which PDCCH in the cell is monitored See paragraphs 71, 198, 204-210, 236-239 and 313-328 for further explanation).
For claim 21, R1 discloses transmitting a search space configuration as part of a RRC layer configuration for the second serving cell, the search space configuration including a first parameter indicating the first number of PDCCH monitoring candidates for a PDCCH control channel element, CCE, aggregation level and a second parameter indicating the second number of PDCCH monitoring candidates for the PDCCH CCE aggregation level (paragraphs 345-348, 353-358, 362-366).
For claim 22, R1 discloses the search space configuration further includes a third parameter indicating a third number of PDCCH monitoring candidates for the PDCCH CCE aggregation level (paragraphs 336-360).
For claim 23, R1 discloses transmitting a plurality of search space configurations as part of a RRC layer configuration for the second serving cell, the plurality of search space configurations including a first search space configuration and a second search space configuration, wherein the first number of PDCCH monitoring candidates is determinable based on at least one parameter of the first search space configuration, and wherein the second number of PDCCH monitoring candidates is determinable based on at least one parameter of the second search space configuration (paragraphs 345-348, 353-358, 362-366).
For claim 25, R1 discloses processing circuitry (paragraphs 72 and 86-88); and memory coupled to the processing circuitry and having instructions stored therein that are executable by the processing circuitry to cause the communication device to perform operations comprising (paragraphs 72, 86-88) receive a radio resource control, RRC, layer message configuring cross carrier scheduling from a first serving cell configured for the communication device to a second serving cell (paragraphs 249-252, 372-374); responsive to receiving the RRC layer message, monitor, while the first serving cell is activated, a first number of PDCCH monitoring candidates on slots of the first serving cell for downlink control information, DCI, formats with physical downlink shared channel, PDSCH, resource assignments and/or physical uplink shared channel, PUSCH, grants for the second serving cell (paragraphs 373-375, 236-239, also 313-328 for DCI formats and MAC CE deactivation commands); and responsive to receiving a command: cease to monitor the first number of PDCCH monitoring candidates on slots of the first serving cell; and monitor a second number of PDCCH monitoring candidates on slots of the second serving cell for DCI formats with PDSCH resource assignments or PUSCH grants for the second serving cell (paragraphs 354-358, 373-376 different cells and which PDCCH in the cell is monitored See paragraphs 71, 198, 204-210, 236-239 and 313-328 for further explanation).
For claim 28, R1 discloses processing circuitry (paragraphs 72, 86-88); and memory coupled to the processing circuitry and having instructions stored therein that are executable by the processing circuitry to cause the network node to perform operations comprising (paragraphs 72, 86-88) a radio resource control, RRC, layer message configuring cross-carrier scheduling from a first serving cell configured for the communication device to a second serving cell (paragraphs 249-252, 372-374); responsive to transmitting the RRC layer message, transmit, while the first serving cell is activated, a first number of PDCCH monitoring candidates on slots of the first serving cell for downlink control information, DCI, formats with physical downlink shared channel, PDSCH, resource assignments and/or physical uplink shared channel, PUSCH, grants for the second serving cell (paragraphs 373-375, 236-239, also 313-328 for DCI formats and MAC CE deactivation commands); transmit a command to the communication device, the command including an indication that the communication cease monitoring the PDCCH monitoring candidates on slots of the first serving cell; and transmit a second number of PDCCH monitoring candidates on slots of the second serving cell for DCI formats with PDSCH resource assignments or PUSCH grants for the second serving cell (paragraphs 354-358, 373-376 different cells and which PDCCH in the cell is monitored See paragraphs 71, 198, 204-210, 236-239 and 313-328 for further explanation).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4, 5, 12, 19, 20, and 24 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over R1 in view of Li et al (US 2021/0168774)[R2].
For claims 4 and 19, R1 discloses determining the second number of PDCCH monitoring candidates based on scaling the value indicated by the first RRC configured parameter using a scaling factor (paragraphs 354-358, 373-376, 230). Or, in the alternative, R2 discloses determining the second number of PDCCH monitoring candidates based on scaling the value indicated by the first RRC configured parameter using a scaling factor (paragraphs 63-86).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to determining the second number of PDCCH monitoring candidates based on scaling the value indicated by the first RRC configured parameter using a scaling factor taught by R2. The rationale to combine would be to commonly used factor for implementation increasing operability and marketability.
For claims 5 and 20, R1 discloses the scaling factor is based on a Sub carrier spacing, SCS, configuration of the first serving cell and second serving cell (paragraphs 354-358, 373-376, 230). Or, in the alternative, R2 discloses the scaling factor is based on a Sub carrier spacing, SCS, configuration of the first serving cell and second serving cell (paragraphs 63-86).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to the scaling factor is based on a Sub carrier spacing, SCS, configuration of the first serving cell and second serving cell taught by R2. The rationale to combine would be to commonly method of implementation for scaling factors increasing operability and marketability.
For claims 12 and 24, R1 discloses a third search space configuration, the method further comprising: determining a third number of PDCCH monitoring candidates based on at least one parameter of the third search space configuration; monitoring, when the first serving cell is activated, the third number of PDCCH monitoring candidates on slots of the second serving cell for DCI formats with PDSCH resource assignments and/or PUSCH grants for the second serving cell (paragraphs 345-348, 353-358, 362-366). Or, in the alternative, R2 discloses a third search space configuration, the method further comprising: determining a third number of PDCCH monitoring candidates based on at least one parameter of the third search space configuration; monitoring, when the first serving cell is activated, the third number of PDCCH monitoring candidates on slots of the second serving cell for DCI formats with PDSCH resource assignments and/or PUSCH grants for the second serving cell (paragraphs 63-86). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify R1 to a third search space configuration, the method further comprising: determining a third number of PDCCH monitoring candidates based on at least one parameter of the third search space configuration; monitoring, when the first serving cell is activated, the third number of PDCCH monitoring candidates on slots of the second serving cell for DCI formats with PDSCH resource assignments and/or PUSCH grants for the second serving cell taught by R2. The rationale to combine would be to commonly method of implementation for increasing operability and marketability.
Conclusion
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 CHRISTOPHER R CROMPTON whose telephone number is (571)270-3678. The examiner can normally be reached 10AM-4PM ET M-Th.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached at (571)272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER R CROMPTON/Primary Examiner, Art Unit 2463