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 .
2. 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. 102 and 103) is incorrect, any correction of the statutory basis 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.
Status of Claims
1. The following is a non-final office action in response to the applicant’s submission received 03/04/2024.
2. Claims 1 – 20 are currently pending and have been examined.
Foreign Priority/Domestic benefit
There is no claim to foreign priority according to the application data sheet and filing receipt.
2. Domestic benefit has been claimed with regards to International Application No. PCT/CN2020/117201, filed on September 23, 2020.
Oath/Declaration
1. The applicant’s oath/declaration filed on 03/04/2024 has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Information Disclosure Statement
1. The information disclosure statement filed on 09/18/2024, 03/04/2024, 01/15/2025 and 04/18/2025 are in compliance with the provision of 37 CFR 1.97, 1.98 and MPEP § 609. It has been placed in the application file and the information referred to therein has been considered as to the merits.
Drawings
1. The applicant’s drawings submitted on 03/04/2024 are acceptable for examination purposes.
Claim interpretation
1. Limitations appearing in the specification but not recited in the claim should not be read into the claim. E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) (claims must be interpreted "in view of the specification" without importing limitations from the specification into the claims unnecessarily) [MPEP 2106 Sec I, C]. “Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment.” Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). [MPEP 2111.01 Sec II]. Thus, the Examiner interprets Applicant’s claims "in view of the specification" and does not “import into a claim limitations that are not part of the claim”.
2. When multiple limitations are connected with “OR”, one of the limitations does not have any patentable weight since both of the limitations are optional.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1 – 5, 8 -12 and 15 - 20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 – 8 of U.S. Patent No 11, 936, 582. Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 – 2, 6 – 7, 8 – 9, 13 – 14, 15 – 16 and 19 – 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WU et al. (US 2020/0374821 A1).
Regarding claim 1, Wu discloses: 1. A resource indication method, (¶ 0007) comprising:
receiving, by a terminal device, information; [¶ 0056, the configuration information is sent form the network device to the terminal. In the last two lines of ¶ 0056 states that the configuration of the physical signal can be sent through the WUS. Hence, the WUS containing the configuration inforamtion of the physical signal = “information”]
determining, by the terminal device, reference signal resource indication information and power saving wake-up indication information according to the information, [The physical signal is seen in ¶ 0039 can be a variety of reference signal. The WUS is seen in ¶ 0042 is known as a wakeup signal and is used to indicate to the terminal when it needs to be woke up. ¶0053: The configuration of the physical signal (reference signal = ¶ 0039) is further described as: “The configuration information about the physical signal may include at least one of a time-frequency resource position occupied by the physical signal for transmission, a bandwidth occupied by the physical signal for transmission, a density of the physical signal for transmission…”. In conclusion, the configuration information pertains to the reference signal’s (physical signal) time frequency resource position and as seen in ¶ 0056 this configuration is transmitted through the WUS all of which is seen as a single transmission of “information” from the network to the UE]
wherein the reference signal resource indication information is used for indicating a resource for transmitting a reference signal; and [¶0053: The configuration of the physical signal (reference signal = ¶ 0039) pertains to “The configuration information about the physical signal may include at least one of a time-frequency resource position occupied by the physical signal for transmission, a bandwidth occupied by the physical signal for transmission, a density of the physical signal for transmission…” ]
determining, by the terminal device, a time domain resource of the reference signal; [ ¶0053: The configuration of the physical signal (reference signal = ¶ 0039) pertains to “The configuration information about the physical signal may include at least one of a time-frequency resource position occupied by the physical signal for transmission, a bandwidth occupied by the physical signal for transmission, a density of the physical signal for transmission…”]
wherein both the reference signal resource indication information and the power saving wake-up indication information are carried in the information. [The physical signal is seen in ¶ 0039 can be a variety of reference signal. The WUS is seen in ¶ 0042 is known as a wakeup signal and is used to indicate to the terminal when it needs to be woke up. ¶0053: The configuration of the physical signal (reference signal = ¶ 0039) is further described as: “The configuration information about the physical signal may include at least one of a time-frequency resource position occupied by the physical signal for transmission, a bandwidth occupied by the physical signal for transmission, a density of the physical signal for transmission…”. In conclusion, the configuration information pertains to the reference signal’s (physical signal) time frequency resource position and as seen in ¶ 0056 this configuration is transmitted through the WUS all of which is seen as a single transmission of “information” from the network to the UE]
Claims 8, 15 and 20 are analyzed and rejected for the same reason as claim 1, such elements as a processor, memory and computer program are seen in the reference of Wu see ¶ 0012.
NOTE to applicant:
The following references also convers the limitations of the independent claims:
Yang et al. (US 2021/0195529 A1), see figure 1, ¶ 0072 - ¶ 0074, ¶ 0088 - ¶ 0090
Apple (R1-2006528, “Indication of TRS/CSI-RS for idle/inactive-mode UE power saving”, provided by the IDS), see option 2 and figure 2 on the second page, whereby, the TRS indication is delivered together with WUS.
Nam et al. (US 2020/0413340), ¶ 0059 - ¶ 0060, ¶ 0123, ¶ 0096, ¶ 0117 - ¶ 0118, figures 4A – 4C
Claim 2, Wu further discloses: The method according to claim 1, wherein the resource for transmitting the reference signal comprises: at least one resource in a reference signal resource set configured by a network device. [¶ 0053 in view of ¶ 0056].
Claims 9 and 16 are analyzed and rejected for the same reason as claim 2.
Claim 5, Wu further discloses: The method according to claim 1, wherein the reference signal comprises at least one of the following: a channel-state information reference signal (CSI-RS), a demodulation reference signal (DMRS), a tracking reference signal (TRS), a phase tracking reference signal (PTRS) and a positioning reference signal (PRS). [see ¶ 0039].
Claims 12 and 19 are analyzed and rejected for the same reason as claim 5.
Claim 6, Wu discloses: The method according to claim 1 (see rejected claim 1), Wu further discloses: wherein the time domain resource of the reference signal is determined by a time interval between an end time of a time period in which a time domain resource for transmitting the power saving information is located and a start time of a paging occasion or a paging frame corresponding to the power saving information; wherein the time domain resource for transmitting the power saving information is configured by a network device or pre-configured. [claim 6 deals with the position of the reference signal being between the WUS and paging and is seen ¶ 0061 of Wu, the physical signal can be any of the reference signal mentioned in ¶ 0039].
Claims 13 are analyzed and rejected for the same reason as claim 6.
Claim 7, Wu further discloses: The method according to claim 1, wherein the time domain resource of the reference signal is determined by a time interval between an end time of a time domain resource of a signal or channel carrying the power saving information, or an end time of a time slot where the time domain resource is located, and a start time of a paging occasion or a paging frame corresponding to the power saving information. [claim 6 deals with the position of the reference signal being between the WUS and paging and is seen ¶ 0061 of Wu, the physical signal can be any of the reference signal mentioned in ¶ 0039].
Claims 14 are analyzed and rejected for the same reason as claim 7.
See the reference below that also covers claims 6 and 7 limitations:
Vivo (R1-2005388, Discussion on paging enhancements for idle/inactive mode UE power saving, August 17th – 28th, 2020): See the second figure on the 6th page, whereby the SSB burst (reference signal) is between the WU candidate position 1 and the Paging occasion (PO). The starting and ending time is implied since the UE must be configured as to the location of the SSB burst within the other two signals along the timeline.
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.
1. Claim(s) 3, 10 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over WU et al. (US 2020/0374821 A1) in view of Apple (R1-2006528,“Indication of TRS/CSI-RS for idle/inactive-mode UE power saving”, provided by the applicant’s IDS).
Regarding claim 3, Wu discloses: The method according to claim 2 (see rejected claim 2),
Wu does not disclose: wherein the reference signal resource set is configured by a system message.
Such difference is disclosed by the analogous art of Apple, see the last five lines on the 2nd page, SIB being the system message. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu’s system in view of Apple. The motivation for making the above modification would have been to implement a more straightforward way by using the SIB (system message) [see the last 5 lines on page 2 of apple]. [see additional reference of Seo (US 2022/0264460), ¶ 0255 and 0257. Li et al. (US 2023/0143590 A1), figure 14, S1410, 1415, 1430 and 1440].
Claims 10 and 17 are analyzed and rejected for the same reason as claim 3.
Claim(s) 4, 11 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WU et al. (US 2020/0374821 A1) in view of Nam et al. (US 2020/0413340 A1).
Regarding claim 4, Wu discloses: The method according to claim 1 (see rejected claim 1),
Wu does not disclose: wherein different reference signals have different quasi-colocation information, such difference is seen in the reference of Nam: [¶ 0059 - ¶ 0060, the WUS (wake up signal = “the information”) is sent from the base station to the UE to do two things, that is trigger to the UE to wake up and perform monitoring of the PDCCH (¶ 0123) and at the same time the WUS includes fields that performs link management and as further seen in ¶ 0061 the field entails an index that points to the resources the CSI RS (reference signal being transmitted from the base station to the UE) of the active BWP. See figure 4A – 4C and description in ¶ 0117 - ¶ 0118. ¶ 0117, QCL information is taken into consideration. In other words, different RS index of the table will possess different QCL information for different reference signals for link management]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wu’s system in view of Nam. The motivation for making the above modification would have been to provide for a base station to trigger link management via a wake up message (e.g., wake-up signal (WUS)), such that a user equipment (UE) may maintain link performance and may reduce delays when switching to discontinuous reception (DRX) on-durations [see ¶ 0005 of Nam].
Claims 11 and 18 are analyzed and rejected for the same reason as claim 4.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHARISHI V KHIRODHAR whose telephone number is (571)270-7909. The examiner can normally be reached 6:00 AM - 3:00 PM.
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MAHARISHI V. KHIRODHAR
Examiner
Art Unit 2463
/MAHARISHI V KHIRODHAR/Primary Examiner, Art Unit 2463