DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . In virtue of the communication filed on 03/04/2024, claims 1-2 are pending, wherein claims 1, 2 are written in independent form. The present Application claims Priority to provisional Application 62/754,114 with filing date of 11/01/2018 and is a 371 of PCT/EP2019/079902 with a filing date of 10/31/2019 and is a continuation of US Application No. 17/290,597 (now US Pat. No. 11,924,763) with a filing date of 04/30/2021.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation (BRI) of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. The Applicant is reminded under a BRI limitations set forth as ‘and/or’ are given the BRI which is ‘or’. The Applicant is encouraged to eliminate use of and/or in the 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2 of the present application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 11,924,763 (hereinafter ‘the patent’). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application are found in their entirety within the bounds of the claims of the patent and/or are obvious over the art noted below. The limitations of the claims rejected under this heading are mapped to corresponding limitations of claims 1-19 of the patent according to the mapping in the table below.
18/594,485
1. A method performed by a wireless device configured for use in a wireless communication system, the method comprising:
determining a wake-up signal, WUS, group to which the wireless device belongs,
based on a third function of a device identifier for the wireless device,
wherein the third function is different than a first function of the device identifier based on which a paging frame of the wireless device is determined and/or is different than a second function of the device identifier based on which a paging narrowband or carrier of the wireless device is determined; and
monitoring for a WUS that indicates wireless devices in the determined WUS group to which the wireless device belongs are to wake up.
2. A method performed by a wireless device configured for use in a wireless communication system, the method comprising:
determining a wake-up signal (WUS) group to which the wireless device belongs,
as being equal to
floor(floor(UE_ID/(N*Ns))/Nn) mod Nw, where UE_ID is a device identifier for the wireless device, where N is a number of paging frames per paging cycle, where Ns is a number of paging occasions per paging frame, where Nn is a number of paging narrowbands or paging carriers, and where Nw is a number of WUS groups; and
monitoring for a WUS that indicates wireless devices in the determined WUS group to which the wireless device belongs are to wake up.
US Pat. No. 11,924,763
1. A method performed by a wireless device configured for use in a wireless communication system, the method comprising:
determining a wake-up signal (WUS) group to which the wireless device belongs,
based on a function of: a device identifier for the wireless device;
5. The method of claim 1,
wherein the function, based on which the WUS group to which the wireless device belongs is determined, is a third function, and wherein the method further comprises one or more of: determining a paging frame of the wireless device based on a first function of the device identifier; and determining a paging narrowband or carrier of the wireless device based on a second function of the device identifiers wherein the third function is different than the first function and/or is different than the second function.
a number of paging frames per paging cycle; a number of paging occasions per paging frame; and a number of paging narrowbands or paging carriers; and
monitoring for a WUS that indicates wireless devices in the determined WUS group to which the wireless device belongs are to wake up;
wherein the function is equal to floor(floor(UE_ID/)N*Ns))/Nn) mod Nw, where UE_ID is the device identifier, where N is the number of paging frames per paging cycle, where Ns is the number of paging occasions per paging frame, where Nn is a number of paging narrowbands or paging carriers, and where Nw is a number of WUS groups.
1. A method performed by a wireless device configured for use in a wireless communication system, the method comprising:
determining a wake-up signal (WUS) group to which the wireless device belongs,
based on a function of: a device identifier for the wireless device;
a number of paging frames per paging cycle; a number of paging occasions per paging frame; and a number of paging narrowbands or paging carriers; and
wherein the function is equal to
floor(floor(UE_ID/)N*Ns))/Nn) mod Nw, where UE_ID is the device identifier, where N is the number of paging frames per paging cycle, where Ns is the number of paging occasions per paging frame, where Nn is a number of paging narrowbands or paging carriers, and where Nw is a number of WUS groups.
monitoring for a WUS that indicates wireless devices in the determined WUS group to which the wireless device belongs are to wake up;
The sections of the patent column correspond to the adjacent limitations in the current application column. The differences in the patent and the current application are obvious at in view of at least United States Patent Application Publication US-20200053645 to Charbit et al (hereinafter d1) and United States Patent Application Publication US 20190103950 to Liu et al (hereinafter d2). d1 discloses a system (i.e. wireless communication system)(see d1 Fig 6) which includes at least two devices (see elements 610 and 620) wherein the devices comprise at least a wireless device (element 610, para. 0053) including at least a transceiver (element 616) (i.e. communication circuitry) and a processor (element 612) (i.e. processor circuitry) (see d1 para. 0056); and a network node (element 620, para. 0054) including at least transceiver (element 626) (i.e. communication circuitry) and a processor (element 622) (i.e. processor circuitry) (see d1 para. 0056); wherein the devices are controlled to carry out a method (see d1 Figs. 7 and 8); d1 discloses a function which includes at least UE_ID (i.e. device identifier) (see d1 para. 0047), a number of paging occasions and paging frames (see d1 para. 0047); d1 discloses monitoring for a WUS for wakeup (see d1 para. 0028, 0050, 0063, 0072); determining a WUS group (see d2 Fig. 8, para. 0092); determination of UE group ID based at least on a number of paging narrowbands or paging carriers (see d2 para. 0090) as well as identifier for the wireless device; a number of paging frames per paging cycle; a number of paging occasions per paging frame; and (see d2 para. 0090-0092). d1 in view of d2 discloses a function including floor(UEID/(N*Ns*Nn)) mod Nw (see d1 para. 0047; d2 Equation 4 para. 0092) wherein UE_ID is the device identifier, where N is the number of paging frames per paging cycle, where Ns is the number of paging occasions per paging frame, where Nn is a number of paging narrowbands or paging carriers, and where Nw is a number of WUS groups (see d2 para. 0092; d1 para. 0047). d1 in view of d2 discloses a plurality of other functions including determining a paging frame and/or determining a paging narrowband using different functions (see d2 para. 0090-0092 equations 1-4). d1 in view of d2 discloses reception of a WUS and waking a device (see d2 Fig. 8 steps 810-850) during the paging frame (see d2 para. 0124-0125). Therefore, the differences between the current application and the patent are obvious at least from d1 and/or d2 in the sections noted above. As a result, 1-20 are rejected under double patenting.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over United States Patent Application Publication US-20200053645 to Charbit et al (hereinafter d1) in view of United States Patent Application Publication US 20190103950 to Liu et al (hereinafter d2).
Regarding claim 1, as to the limitation “A method performed by a wireless device configured for use in a wireless communication system, the method comprising:” d1 discloses a system (i.e. wireless communication system)(see d1 Fig 6) which includes at least two devices (see elements 610 and 620) wherein the devices comprise at least a wireless device (element 610, para. 0053) including at least a transceiver (element 616) (i.e. communication circuitry) and a processor (element 612) (i.e. processor circuitry) (see d1 para. 0056); and a network node (element 620, para. 0054) including at least transceiver (element 626) (i.e. communication circuitry) and a processor (element 622) (i.e. processor circuitry) (see d1 para. 0056); wherein the devices are controlled to carry out a method (see d1 Figs. 7 and 8);
as to the limitation “determining a wake-up signal, WUS, group to which the wireless device belongs” d1 discloses determining a WUS group (see d1 para. 0047-0048); as to the limitation “based on a third function of a device identifier for the wireless device,” d1 discloses a function which includes at least UE_ID (i.e. device identifier) (see d1 para. 0047), a number of paging occasions and paging frames (see d1 para. 0047); as to the limitation “monitoring for a WUS that indicates wireless devices in the determined WUS group to which the wireless device belongs are to wake up” d1 discloses monitoring for a WUS for wakeup (see d1 para. 0028, 0050, 0063, 0072); d1 in view of d2 discloses monitoring and reception of a WUS and waking a device (see d2 Fig. 8 steps 810-850) during the paging frame (see d2 para. 0124-0125).
D1 does not appear to explicitly disclose a number of paging narrowbands or paging carriers, attention is directed to d2. D2 discloses a wireless system for wireless communication (i.e. same field of endeavor) (see d2 para. 0002) including as to the limitation “determining a wake-up signal (WUS) group to which the wireless device belongs” d1 discloses determining a WUS group (see d2 Fig. 8, para. 0092); as to the limitation “based on a function of: a device identifier for the wireless device; a number of paging frames per paging cycle; a number of paging occasions per paging frame; and a number of paging narrowbands or paging carriers” d2 discloses a determination of UE group ID based at least on a number of paging narrowbands or paging carriers (see d2 para. 0090) as well as identifier for the wireless device; a number of paging frames per paging cycle; a number of paging occasions per paging frame; and (see d2 para. 0090-0092).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system and/or method of d1 regarding wireless communication to incorporate the details of number of paging narrowbands or paging carriers as disclosed by d2. One of ordinary skill in the art as of the effective filing date would be motivated to combine the teaching of d1 and d2 to achieve any of a plurality of advantages disclosed throughout d2 including at least improving efficiency (see d2 para. 0006-0007). D2 is related to d1 in a similar field of endeavor (wireless communication) and one of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to apply the known techniques of d2 to the implementation of d1 to achieve the predictable result of improved efficiency (see d2 para. 0006-0007) wherein both techniques were known and used as of the effective filing date (as shown by d2), and the combination yielding a predictable result of improved efficiency (without a change in function thereof) with no undue experimentation. It is also noted that many of the noted sections of d2 are equally applicable to meet many of the limitations set forth above as met by d1, therefore the teaching of d2 may be applied to any other limitation of the claims rejected under this section when d1 in view of d2 is considered as a whole and not individually.
As to the limitation “wherein the third function is different than a first function of the device identifier based on which a paging frame of the wireless device is determined and/or is different than a second function of the device identifier based on which a paging narrowband or carrier of the wireless device is determined” d1 in view of d2 discloses a plurality of other functions including determining a paging frame and/or determining a paging narrowband using different functions (see d2 para. 0090-0092 equations 1-4).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN SCOTT TAYLOR whose telephone number is (571)270-3189. The examiner can normally be reached on Mon. - Thurs. 9:00-4:00.
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/NATHAN S TAYLOR/ Primary Examiner, Art Unit 2643