DETAILED ACTION
This office action is a response to the application filed 21 March 2024 as a continuation of 16/916,947 filed 30 June 2020, wherein claims 1-20 are pending and ready for examination.
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 .
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 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 21 March 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,968,554 in view of Wang et al. (US 2021/0092625 A1), hereafter referred Wang. Wang was cited by applicant’s IDS filed 21 March 2024. Wang teaches the claim limitation of the instant application shown below that the US Patent does not teach in the same manner as indicated in the 35 USC 102/103 rejection. Claims 12 and 17 are parallel to claim 1 and are rejected similarly mutatis mutandis. Dependent claims 2-11, 13-16, and 18-20 mirror the dependent claims of the US Patent.
Instant Application
US Patent No. 11, 968, 554
A method comprising
A method for dynamically adjusting a CSI reporting protocol for a wireless device operating in a wireless network utilizing two RATs, the method comprising,
dynamically identifying a signal performance parameter for a wireless device;
dynamically identifying a first signal performance parameter for the wireless device on a first RAT of the two RATs
comparing the signal performance parameter to a predetermined threshold; and
comparing the first signal performance parameter to a first predetermined threshold;
adjusting a CSI reporting protocol by decreasing a CSI reporting frequency based on the comparison.
Taught by Wang as shown below
Claim Objections
Claims 9 and 10 are objected to because of the following informalities: The claims reference the acronym RAT without defining it. The claims should define any acronyms when it introduces that acronym, such as specifying it as Random Access Technology (RAT). Appropriate correction is required.
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.
Claims 1-8, 12, and 14-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 2021/0092625 A1), hereafter referred Wang. Wang was cited by applicant’s IDS filed 21 March 2024.
Regarding claim 1, Wang teaches a method comprising
dynamically identifying a signal performance parameter for a wireless device; comparing the signal performance parameter to a predetermined threshold (Wang, Fig. 2, [0038], [0043], and [0046]-[0048]; the UE compares the signal quality of a serving downlink beam against thresholds, where signal quality measurements may be based on the RSRP or the CSI-RS or other signal quality measurements like BLER of the PDCCH); and
adjusting a channel state information (CSI) reporting protocol by decreasing a CSI reporting frequency based on the comparison (Wang, Fig. 2, [0046]-[0048]; depending whether the signal quality for a serving downlink beam is above or below Threshold, the UE transmits the CSI reports with a low, medium, or high reporting frequency).
Regarding claim 12, Wang teaches a system comprising:
a processing node (Wang, [0126]; one or more physical processing nodes in one or more networks); and
a processor coupled to the processing node configured to perform operations (Wang, [0129]; each hardware device comprises a set of one or more processors and memory for storing instructions or software executed by processing circuitry) comprising:
identifying a wireless device requiring high performance (Wang, [0031]; the wireless communication network employs multiple beam transmission and reception on both the downlink and uplink, where the UE 200 may be configured with more than one serving cell, including one PCell and multiple SCells in both the uplink and downlink);
responsive to the identification, determining a signal performance parameter for the wireless device; comparing the signal performance parameter to a predetermined threshold (Wang, Fig. 2, [0038], [0043], and [0046]-[0048]; the UE compares the signal quality of a serving downlink beam against thresholds, where signal quality measurements may be based on the RSRP or the CSI-RS or other signal quality measurements like BLER of the PDCCH); and
dynamically changing a channel state information (CSI) reporting protocol for the wireless device based on the comparison (Wang, Fig. 2, [0046]-[0048]; depending whether the signal quality for a serving downlink beam is above or below Threshold, the UE transmits the CSI reports with a low, medium, or high reporting frequency).
Regarding claim 17, Wang teaches a non-transitory computer readable medium storing instructions executed by a processor to perform operations (Wang, [0129]; each hardware device comprises a set of one or more processors and memory for storing instructions or software executed by processing circuitry) comprising:
identifying a wireless device requiring high performance (Wang, [0031]; the wireless communication network employs multiple beam transmission and reception on both the downlink and uplink, where the UE 200 may be configured with more than one serving cell, including one PCell and multiple SCells in both the uplink and downlink);
responsive to the identification, determining a signal performance parameter for the wireless device; comparing the signal performance parameter to a predetermined threshold (Wang, Fig. 2, [0038], [0043], and [0046]-[0048]; the UE compares the signal quality of a serving downlink beam against thresholds, where signal quality measurements may be based on the RSRP or the CSI-RS or other signal quality measurements like BLER of the PDCCH); and
dynamically changing a channel state information (CSI) reporting protocol for the wireless device based on the comparison (Wang, Fig. 2, [0046]-[0048]; depending whether the signal quality for a serving downlink beam is above or below Threshold, the UE transmits the CSI reports with a low, medium, or high reporting frequency).
Regarding claim 2, Wang teaches the method of claim 1 above. Further, Wang teaches further comprising decreasing the CSI reporting frequency for the wireless device upon determining the signal performance parameter does not meet the predetermined threshold (Wang, Fig. 2, [0046]-0048]; the UE is configured with two signal quality thresholds denoted Threshold 1 and Threshold 2. The thresholds define three different signal quality ranges where different CSI configurations are applied and each CSI configuration includes different reporting frequencies, referred to as the low frequency, medium frequency, and high frequency. When the signal quality is above Threshold 1, the UE transmits the CSI reports using a low reporting frequency, when the signal quality is between Threshold 1 and Threshold 2, the UE transmits the CSI reports using a medium reporting frequency, and when the signal qual8ity is below Threshold 2, the UE transmits the CSI reports using a high reporting frequency).
Regarding claims 3 and 14, Wang teaches the method of claim 2 and the system of claim 12 above. Further, Wang teaches further comprising identifying the signal performance parameter at another point in time and adjusting the CSI reporting protocol by increasing CSI reporting frequency for the wireless device upon determining the signal performance parameter meets the predetermined threshold (Wang, Fig. 2, [0046]-0048]; the UE is configured with two signal quality thresholds denoted Threshold 1 and Threshold 2. The thresholds define three different signal quality ranges where different CSI configurations are applied and each CSI configuration includes different reporting frequencies, referred to as the low frequency, medium frequency, and high frequency. When the signal quality is above Threshold 1, the UE transmits the CSI reports using a low reporting frequency, when the signal quality is between Threshold 1 and Threshold 2, the UE transmits the CSI reports using a medium reporting frequency, and when the signal qual8ity is below Threshold 2, the UE transmits the CSI reports using a high reporting frequency).
Regarding claim 4, Wang teaches the method of claim 1 above. Further, Wang teaches further comprising identifying the wireless device as requiring high performance prior to comparing the signal performance parameter to the predetermined threshold (Wang, [0031]; the wireless communication network employs multiple beam transmission and reception on both the downlink and uplink, where the UE 200 may be configured with more than one serving cell, including one PCell and multiple SCells in both the uplink and downlink).
Regarding claims 5, 15, and 20, Wang teaches the method of claim 4, the system of claim 12, and the non-transitory computer-readable medium of claim 17 above. Further, Wang teaches further comprising identifying the wireless device as one of a relay node and a 5G capable device (Wang, Fig. 10, [0089] and [0116]; UE is an example of a wireless device configured for communication in accordance to communication standards, such as 5G standards, where wireless device comprise components that work together in order to provide functionality such as relay stations that may exist in the wireless network).
Regarding claims 6 and 16, Wang teaches the method of claim 1 and the system of claim 12 above. Further, Wang teaches further comprising determining an application of the wireless device requires high performance prior to comparing the signal performance parameter to the predetermined threshold (Wang, [0121]; RAM of the UE may be configured to include operating system 1223, application program 1225 such as a web browser application, a widget or gadget engine or another application and data file).
Regarding claims 7 and 18, Wang teaches the method of claim 1 and the non-transitory computer-readable medium of claim 17 above. Further, Wang teaches further comprising comparing a current CSI reporting frequency to a stored minimum CSI reporting frequency prior to decreasing the CSI reporting frequency (Wang, Fig. 2, [0046]-0048] and [0111]; the UE is configured with two signal quality thresholds denoted Threshold 1 and Threshold 2. The thresholds define three different signal quality ranges where different CSI configurations are applied and each CSI configuration includes different reporting frequencies, referred to as the low frequency, medium frequency, and high frequency. When the signal quality is above Threshold 1, the UE transmits the CSI reports using a low reporting frequency, when the signal quality is between Threshold 1 and Threshold 2, the UE transmits the CSI reports using a medium reporting frequency, and when the signal qual8ity is below Threshold 2, the UE transmits the CSI reports using a high reporting frequency. The processing circuitry allows the UE to compare the obtained or converted information to information stored by the UE and then perform operations based on the comparison, where the minimum CSI reporting frequency is the low frequency).
Regarding claims 8 and 19, Wang teaches the method of claim 1 and the non-transitory computer-readable medium of claim 17 above. Further, Wang teaches further comprising comparing a current CSI reporting frequency to a stored maximum CSI reporting frequency prior to increasing the CSI reporting frequency (Wang, Fig. 2, [0046]-0048]; the UE is configured with two signal quality thresholds denoted Threshold 1 and Threshold 2. The thresholds define three different signal quality ranges where different CSI configurations are applied and each CSI configuration includes different reporting frequencies, referred to as the low frequency, medium frequency, and high frequency. When the signal quality is above Threshold 1, the UE transmits the CSI reports using a low reporting frequency, when the signal quality is between Threshold 1 and Threshold 2, the UE transmits the CSI reports using a medium reporting frequency, and when the signal quality is below Threshold 2, the UE transmits the CSI reports using a high reporting frequency. The processing circuitry allows the UE to compare the obtained or converted information to information stored by the UE and then perform operations based on the comparison, where the maximum CSI reporting frequency is the high frequency).
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.
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 9-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as applied to claims 1 and 12 above, and further in view of Shen et al. (US 2015/0117360 A1), hereafter referred Shen. Shen was cited by applicant’s IDS filed 21 March 2024.
Regarding claim 9, Wang teaches the method of claim 1 above. While Wang suggests the wireless device supports multiple RATs (Wang, [0105]; WD 1110 may include multiple sets of one or more illustrated components for different wireless technologies supported by WD 1110, such as LTE, NR, WiFi, WiMAX, Bluetooth, etc.), Wang does not expressly teach dynamically identifying the signal performance parameter comprises identifying the signal performance parameter on a first RAT to determine a first signal performance parameter and identifying the signal performance parameter on a second RAT to determine a second signal performance parameter.
However, Shen teaches wherein dynamically identifying the signal performance parameter comprises identifying the signal performance parameter on a first RAT to determine a first signal performance parameter and identifying the signal performance parameter on a second RAT to determine a second signal performance parameter (Shen, Fig. 5c, [0081]-[0082]; a multi-RAT small cell has a first RAT and second RAT and determines whether a first RAT signal measurement being below a first threshold and a second RAT signal measurement being above a second threshold).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Wang to include the above recited limitations as taught by Shen in order to optimize operation of the different RATs (Shen, [0006]).
Regarding claim 10, Wang in view of Shen teaches the method of claim 9 above. Further, Wang teaches further comprising comparing the first and the second signal performance parameters to the predetermined threshold to determine when the first and second signal performance parameters meet the predetermined threshold and increasing the CSI reporting frequency for the wireless device over the first RAT when the first signal performance parameter meets the predetermined threshold and increasing the CSI reporting frequency for the wireless device over the second RAT when the second signal performance parameter meets the predetermined threshold (Wang, Fig. 2, [0046]-0048]; the UE is configured with two signal quality thresholds denoted Threshold 1 and Threshold 2. The thresholds define three different signal quality ranges where different CSI configurations are applied and each CSI configuration includes different reporting frequencies, referred to as the low frequency, medium frequency, and high frequency. When the signal quality is above Threshold 1, the UE transmits the CSI reports using a low reporting frequency, when the signal quality is between Threshold 1 and Threshold 2, the UE transmits the CSI reports using a medium reporting frequency, and when the signal quality is below Threshold 2, the UE transmits the CSI reports using a high reporting frequency).
Regarding claims 11 and 13, Wang teaches the method of claim 1 and the system of claim 12 above. Wang does not expressly teach wherein identifying the signal performance parameter comprises identifying one of a received signal strength indicator (RSSI), a fading measurement, or a path loss measurement.
However, Shen teaches wherein identifying the signal performance parameter comprises identifying one of a received signal strength indicator (RSSI), a fading measurement, or a path loss measurement (Shen, [0011]; determining a path loss value).
It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date of the invention to create the invention of Wang to include the above recited limitations as taught by Shen in order to optimize operation of the different RATs (Shen, [0006]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
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/R.M./Examiner, Art Unit 2416
/NOEL R BEHARRY/Supervisory Patent Examiner, Art Unit 2416