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 .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without “significantly more”.
Claims 1-20 are directed to Abstract Idea such as an idea standing alone such as an instantiated concept, pan or scheme, as well as a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper for example obtaining an indication … search one or more…. obtain the control message.
The apparatus and the method claim 1, 19 and 20 recites limitation, “obtain an indication of a nesting state for a search space set of a control channel, wherein the nesting state corresponds to one or more wireless communication parameters of the UE; search one or more control channel elements (CCEs) of the search space set for a control message according to the nesting state; and obtain the control message via the control channel based at least in part on a result of the searching”. Since the claim is directed to a process and a machine, which is one of the statutory categories of the invention (Step 1: YES).
The claim is then analyzed to determine whether it is directed to any judicial exception. The claim recites, “obtain an indication … search one or more… obtain the control message”. The obtaining step recited in the claim is no more than an abstract idea i.e., mental process of “obtaining an indication of a nesting state… where claim recites only the idea of a solution or outcome i.e., the claim fails to recite details of how a solution to a problem is accomplished, etcj., (See specifically MPEP 2106.05 (f) Sec 1. (Step 2A: Prong One Abstract Idea=Yes).
The claim is then analyzed if it requires an additional elements or a combination of additional elements in the claim to apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception – i.e., limitation that are indicative of integration into a practical application: improving to the functioning of a computer or to any other technology or technical field. In the current claims, there is no additional elements that would integrate the abstract idea into a practical application (Step 2A: Prong Two Abstract Idea=Yes).
Next the claim as a whole is analyzed to determine if there are additional limitation recited in the claim such that the claim amount to significantly more than an abstract idea. The claim requires the additional limitation of a computer with the central processing unit, memory, a printer, an input and output terminal and a program. These generic computer components are claimed to perform the basic functions of storing, retrieving and processing data through the program that enables. In the current scenario, there are no additional elements that would amount to significantly more than the abstract idea. Therefore, the claim does not amount to significantly more than the abstract idea itself (Step 2B: No). Accordingly, the claim is not patent eligible.
Further, dependent claims do not add any positive limitation or step that recite within the scope of the claim and does not carry patentable weight they are also rejected for the same reasons as independent claims.
Accordingly, under its broadest reasonable interpretation, covers performance of the limitations in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes”/” Mathematical concepts” grouping of abstract ideas. Accordingly, the claim(s) recites an abstract idea. This judicial exception is not integrated into a practical application as recited in Claims 1-20.
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)(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.
Claims 1 and 19-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Khoshnevisan et al., (US Publication No. 2023/0254716 A1 and Khoshnevisan hereinafter).
The applied reference has a common assignee with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding Claims 1, and 19-20, Khoshnevisan teaches a user equipment (UE), comprising: at least one processor; and at least one memory coupled with the at least one processor, with instructions stored in the at least one memory, the instructions being executable by the at least one processor, individual or in any combination, to cause the UE to (Figure 11, whole figure), infra:
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obtain an indication of a nesting state (i.e. non-standalone … A carrier may be operated in a standalone mode where initial acquisition and connection may be conducted by the UEs 115 via the carrier, or the carrier may be operated in a non-standalone mode where a connection is anchored using a different carrier) Para [0063]; (Examiner asserts that anchoring is the nesting in the prior art made of record, supra) see also (i.e., the second control information indicates one TCI state, then the UE may determine that the first search space set and the second search space set are not linked (e.g., despite the first control information). In such examples, instead of attempting to receive and decode the repetitions of the DCI in linked PDCCH candidates of the respective search space sets, the UE may attempt to receive a first DCI message in at least one PDCCH candidate of the first search space set, and may attempt to receive a second DCI message (e.g., different from the first DCI message) in at least one PDCCH candidate of the second search space set) Para [0051] for a search space set of a control channel, wherein the nesting state corresponds to one or more wireless communication parameters of the UE i.e. non-standalone … A carrier may be operated in a standalone mode where initial acquisition and connection may be conducted by the UEs 115 via the carrier, or the carrier may be operated in a non-standalone mode where a connection is anchored using a different carrier) Para [0063]; (Examiner asserts that anchoring is the nesting in the prior art made of record, supra); search one or more control channel elements (CCEs) of the search space set for a control message according to the nesting state (i.e., a second network node, first control information that includes information indicative of two or more linked search space sets, where a first group of downlink control channel candidates in a first search space set of the two or more linked search space sets are linked with a second group of downlink control channel candidates in a second search space set of the two or more linked search space sets) Para [0021]; and obtain the control message via the control channel based at least in part on a result of the searching (i.e., a radio resource control message enabling the first network node to refrain from linking the first group of downlink control channel candidates and the second group of downlink control channel candidates based on the second control information that includes the information indicative of one TCI state, the refraining based on receiving the radio resource control message) Para [0010] and (i.e., information indicative of two or more linked search space sets, where a first group of downlink control channel candidates in a first search space set of the two or more linked search space sets are linked with a second group of downlink control channel candidates in a second search space set of the two or more linked search space sets. The method may include outputting, to the second network node, second control information that includes information indicative of one or more transmission configuration indicator (TCI) states of one or more control resource sets associated with the two or more linked search space sets, where the one or more TCI states are used for at least a subset of communications between the first network node and the second network node after a period of time. The method may include outputting, using the one or more TCI states, a first downlink control information message via the first group of downlink control channel candidates in a first monitoring occasion associated with the first search space set, the second group of downlink control channel candidates in a second monitoring occasion associated with the second search space set) Para [0020].
Allowable Subject Matter
Claims 2-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In regards to dependent Claim 2, BRI (broadest reasonable interpretation) in light of the specification, Examiner finds the claimed invention is patentably distinct from the prior art of record, which sets forth in the following:
Khoshnevisan et al., (US Patent Publication No. 20230254716 A1 and Khoshnevisan hereinafter) relates to user equipment (UE) may receive first control signaling indicating that a first search space set (e.g., including one or more physical downlink control channel (PDCCH) candidates) and a second search space set (e.g., including one or more PDCCH candidates) are linked. The UE may also receive second control signaling indicating a number of transmission configuration indicator (TCI) states. The UE may receive a downlink control information (DCI) message in one PDCCH candidate, or may receive the DCI message in multiple linked PDCCH candidates, based on how many TCI states are indicated in the second control information.
However, Khoshnevisan fails to show “control channel skipping duration that identifies a quantity of search space monitoring occasions to skip during a set of one or more slots” … As claimed (supports in Para [0081]; [0138]; [0157-0159], for example).
In regards to dependent Claim 8, BRI (broadest reasonable interpretation) in light of the specification, Examiner finds the claimed invention is patentably distinct from the prior art of record, which sets forth in the following:
Khoshnevisan et al., (US Patent Publication No. 20230254716 A1 and Khoshnevisan hereinafter) relates to user equipment (UE) may receive first control signaling indicating that a first search space set (e.g., including one or more physical downlink control channel (PDCCH) candidates) and a second search space set (e.g., including one or more PDCCH candidates) are linked. The UE may also receive second control signaling indicating a number of transmission configuration indicator (TCI) states. The UE may receive a downlink control information (DCI) message in one PDCCH candidate, or may receive the DCI message in multiple linked PDCCH candidates, based on how many TCI states are indicated in the second control information.
However, Khoshnevisan fails to show, “obtain information identifying a set of SSSG switching configurations, wherein the set of SSSG switching configurations comprise a first subset of one or more SSSG switching configurations that are associated with a nesting enabled state and a second subset of one or more SSSG switching configurations that are associated with a nesting disabled state” … As claimed (supports in Para [0082]; [0139]; [0163-0166], for example).
In regards to dependent Claim 10, BRI (broadest reasonable interpretation) in light of the specification, Examiner finds the claimed invention is patentably distinct from the prior art of record, which sets forth in the following:
Khoshnevisan et al., (US Patent Publication No. 20230254716 A1 and Khoshnevisan hereinafter) relates to user equipment (UE) may receive first control signaling indicating that a first search space set (e.g., including one or more physical downlink control channel (PDCCH) candidates) and a second search space set (e.g., including one or more PDCCH candidates) are linked. The UE may also receive second control signaling indicating a number of transmission configuration indicator (TCI) states. The UE may receive a downlink control information (DCI) message in one PDCCH candidate, or may receive the DCI message in multiple linked PDCCH candidates, based on how many TCI states are indicated in the second control information.
However, Khoshnevisan fails to show, “wireless communication parameters comprise a discontinuous reception (DRX) state that defines DRX ON periods where the UE is in an active state and DRX OFF periods where the UE is in an inactive state” ” … As claimed (supports in Para [0142-0145]; [0205-0209), for example.
In regards to dependent Claim 16, BRI (broadest reasonable interpretation) in light of the specification, Examiner finds the claimed invention is patentably distinct from the prior art of record, which sets forth in the following:
Khoshnevisan et al., (US Patent Publication No. 20230254716 A1 and Khoshnevisan hereinafter) relates to user equipment (UE) may receive first control signaling indicating that a first search space set (e.g., including one or more physical downlink control channel (PDCCH) candidates) and a second search space set (e.g., including one or more PDCCH candidates) are linked. The UE may also receive second control signaling indicating a number of transmission configuration indicator (TCI) states. The UE may receive a downlink control information (DCI) message in one PDCCH candidate, or may receive the DCI message in multiple linked PDCCH candidates, based on how many TCI states are indicated in the second control information.
However, Khoshnevisan fails to show, “perform a first hashing operation for the search space set in a first set of CCEs associated with a first aggregation level; and perform a second hashing operation for the search space set in a second set of CCEs associated with a second aggregation level that is a lower aggregation level than the first aggregation level, wherein a quantity of CCEs in the second set of CCEs is based at least in part on CCEs in first set of CCEs, and wherein a quantity of hashing operations in the second hashing operation in the second set of CCEs is a divisible function based on CCEs in the first set of CCEs.” … As claimed (supports in Para [0139]; [0147-0148]; ; [0210-211]; [0252-0253]).
In regards to dependent Claim 17, BRI (broadest reasonable interpretation) in light of the specification, Examiner finds the claimed invention is patentably distinct from the prior art of record, which sets forth in the following:
Khoshnevisan et al., (US Patent Publication No. 20230254716 A1 and Khoshnevisan hereinafter) relates to user equipment (UE) may receive first control signaling indicating that a first search space set (e.g., including one or more physical downlink control channel (PDCCH) candidates) and a second search space set (e.g., including one or more PDCCH candidates) are linked. The UE may also receive second control signaling indicating a number of transmission configuration indicator (TCI) states. The UE may receive a downlink control information (DCI) message in one PDCCH candidate, or may receive the DCI message in multiple linked PDCCH candidates, based on how many TCI states are indicated in the second control information.
However, Khoshnevisan fails to show, “perform a first hashing operation for the search space set in a first set of CCEs associated with a first aggregation level; and perform a second hashing operation for the search space set in a second set of CCEs associated with a second aggregation level that is a lower aggregation level than the first aggregation level, wherein a quantity of CCEs in the second set of CCEs is any quantity of CCEs within the first set of CCEs, and wherein a quantity of hashing operations in the second hashing operation in the second set of CCEs corresponds to any CCEs in the first set of CCEs” … As claimed (supports in Para[0062]; [0145]; [0155]; [0170]; [0303]; [0331]-[0332]).
In regards to dependent Claim 18, BRI (broadest reasonable interpretation) in light of the specification, Examiner finds the claimed invention is patentably distinct from the prior art of record, which sets forth in the following:
Khoshnevisan et al., (US Patent Publication No. 20230254716 A1 and Khoshnevisan hereinafter) relates to user equipment (UE) may receive first control signaling indicating that a first search space set (e.g., including one or more physical downlink control channel (PDCCH) candidates) and a second search space set (e.g., including one or more PDCCH candidates) are linked. The UE may also receive second control signaling indicating a number of transmission configuration indicator (TCI) states. The UE may receive a downlink control information (DCI) message in one PDCCH candidate, or may receive the DCI message in multiple linked PDCCH candidates, based on how many TCI states are indicated in the second control information.
However, Khoshnevisan fails to show, “search space set comprises a first quantity of CCEs that are associated with a nesting enabled state and a second quantity of CCEs that are associated with the nesting enabled state or a nesting disabled state, and the first quantity of CCEs are non-overlapping CCEs with the second quantity of CCEs” … As claimed (supports in Para [0199-0202];[0204-0206] [0331]-[0332]; for example).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Khoshnevisan et al., (US Patent Publication No. 20230254716 A1), “Search Space Set Linking with Unified Beam Configurations” (filing date: February 4, 2022, published August 10, 2023).
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE D MIZRAHI whose telephone number is 571- 272-4079. The examiner can normally be reached on 7:30-3:30 PM (7:30 - 4:30 p.m.).
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/DIANE D MIZRAHI/ Primary Examiner, Art Unit 2647
Diane.Mizrahi@USPTO.gov