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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/07/2024 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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable with respect to claims 1-20 of US Patent 11,990,972. Although the conflicting claims are not identical, they are not patentably distinct from each other because all the claimed limitations recited in the present application are transparently found in US Patent 11,990,972 with obvious wording variations. Take an example of comparing claim 1 of pending application and claim 1 of US Patent 11,990,972:
Pending Application 18/659,075
US Patent 11,990,972
A method comprising:
A method comprising:
receiving, by a base station from a wireless device, a beam switching type indication requesting a beam switching type initiated by the wireless device
transmitting, by a wireless device to a base station, a beam switching type indication requesting a beam switching type initiated by the wireless device
transmitting, to the wireless device, a command confirming the beam switching type indication
receiving a command confirming the beam switching type indication
selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device
selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device
receiving, based on a spatial domain transmission filter associated with one or more reference signals of the reference signal set, an uplink transport block
transmitting an uplink transport block based on a spatial domain transmission filter associated with one or more reference signals of the reference signal set
However, 18/659,075 does not explicitly claim the base station “selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device”.
However, Zhou et al. (US 2019/0341992; cited in Applicant’s IDS submitted 06/07/2024; “Zhou”) teaches a base station selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device [Zhou ¶ 0110: the UE receives DCI triggering RS transmissions using a RS resource set associated with the second type of beam refinement procedure and based on a beam refinement procedure latency (i.e. base station determines RS set to trigger with DCI based on latency for a beam refinement procedure type); see also ¶ 0117: base station indicated the selected latency for beam refinement type (here, the indicated latency is analogous to a command used to determine a RS set)].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the base station for configuring beam switching configuration for a wireless device as disclosed by 18/649,075, with the method of determining reference signal set for beam switching to be configured to a wireless device as taught by Zhou. The motivation to combine these references would be to better support mobile broadband internet access by improving spectral efficiency [Zhou ¶ 0005].
Take an example of comparing claim 8 of pending application and claim 15 of US Patent 11,990,972:
Pending Application 18/659,075
US Patent 11,990,972
A base station comprising: one or more processors; and memory storing instructions that, when executed by the one or more processors, cause the base station to:
A system comprising: a base station comprising one or more first processors and first memory storing instructions that, when executed by the one or more first processors, cause the base station to:
receive, from a wireless device, a beam switching type indication requesting a beam switching type initiated by the wireless device
receive, from a wireless device, a beam switching type indication requesting a beam switching type initiated by the wireless device
transmit, to the wireless device, a command confirming the beam switching type indication
transmit, to the wireless device, a command confirming the beam switching type indication
select, based on the command, a reference signal set for the beam switching type initiated by the wireless device
select, based on the command, a reference signal set for the beam switching type initiated by the wireless device
receive, based on a spatial domain transmission filter associated with one or more reference signals of the reference signal set, an uplink transport block
transmit, to the base station, an uplink transport block based on a spatial domain transmission filter associated with one or more reference signals of the reference signal set
However, 18/659,075 does not explicitly claim the base station “selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device”.
However, Zhou teaches a base station selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device [Zhou ¶ 0110: the UE receives DCI triggering RS transmissions using a RS resource set associated with the second type of beam refinement procedure and based on a beam refinement procedure latency (i.e. base station determines RS set to trigger with DCI based on latency for a beam refinement procedure type); see also ¶ 0117: base station indicated the selected latency for beam refinement type (here, the indicated latency is analogous to a command used to determine a RS set)].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the base station for configuring beam switching configuration for a wireless device as disclosed by 18/649,075, with the method of determining reference signal set for beam switching to be configured to a wireless device as taught by Zhou. The motivation to combine these references would be to better support mobile broadband internet access by improving spectral efficiency [Zhou ¶ 0005].
Take an example of comparing claim 15 of pending application and claim 20 of US Patent 11,990,972:
Pending Application 18/659,075
US Patent 11,990,972
A non-transitory computer-readable medium comprising instructions that when executed by one or more processors of a base station cause the base station to:
A system comprising: a base station comprising one or more first processors and first memory storing instructions that, when executed by the one or more first processors, cause the base station to:
receive, from a wireless device, a beam switching type indication requesting a beam switching type initiated by the wireless device
receive, from a wireless device, a beam switching type indication requesting a beam switching type initiated by the wireless device
transmit, to the wireless device, a command confirming the beam switching type indication
transmit, to the wireless device, a command confirming the beam switching type indication
select, based on the command, a reference signal set for the beam switching type initiated by the wireless device
select, based on the command, a reference signal set for the beam switching type initiated by the wireless device
receive, based on a spatial domain transmission filter associated with one or more reference signals of the reference signal set, an uplink transport block
transmit, to the base station, an uplink transport block based on a spatial domain transmission filter associated with one or more reference signals of the reference signal set
However, 18/659,075 does not explicitly claim the base station “selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device”.
However, Zhou teaches a base station selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device [Zhou ¶ 0110: the UE receives DCI triggering RS transmissions using a RS resource set associated with the second type of beam refinement procedure and based on a beam refinement procedure latency (i.e. base station determines RS set to trigger with DCI based on latency for a beam refinement procedure type); see also ¶ 0117: base station indicated the selected latency for beam refinement type (here, the indicated latency is analogous to a command used to determine a RS set)].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the base station for configuring beam switching configuration for a wireless device as disclosed by 18/649,075, with the method of determining reference signal set for beam switching to be configured to a wireless device as taught by Zhou. The motivation to combine these references would be to better support mobile broadband internet access by improving spectral efficiency [Zhou ¶ 0005].
Relevant Prior Art
The following references are considered relevant prior art with respect to Applicant’s claimed invention:
Zhou et al. (US 2019/0341992; cited in Applicant’s IDS submitted 06/07/2024)
Zhou teaches a method comprising: receiving, by a base station from a wireless device, a beam switching type indication requesting a beam switching type [Zhou ¶ 0115: UE signals, and BS receives, fixed beam switch latencies associated with a first beam refinement and second refinement, i.e. intra-antenna module switching and inter-antenna module switching (here, the latency associated with a type of beam switch is analogous to a beam type switching indication)] initiated by the wireless device;
transmitting, to the wireless device, a command confirming the beam switching [Zhou ¶ 0117: BS dynamically indicates to the UE which latency is selected/used (i.e. confirming command) For example, the BS may indicate in DCI triggering the RS resource set for a beam refinement procedure, the selected latency the BS will use for the RS transmissions (e.g., the latency of the RS transmission with respect to the triggering DCI)]; and
selecting a reference signal set for the beam switching [Zhou ¶ 0121: UE may determine, at 1308, to monitor at the preferred latency based on the indication from the BS; ¶ 0110: UE receives DCI triggering RS transmissions using a RS resource set associated with the second type of beam refinement procedure]
However, Zhou does not explicitly disclose transmit, to the wireless device, a command confirming the beam switching type indication; receive, from a wireless device, a beam switching type indication requesting a beam switching type initiated by the wireless device; selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device; and receiving, based on a spatial domain transmission filter associated with one or more reference signals of the reference signal set, an uplink transport block.
Cheng et al. (US 2019/0379506; cited in Applicant’s IDS submitted 06/07/2024)
Cheng teaches determine a spatial domain transmission filter based on at least one reference signal of the selected reference signal set [Cheng ¶ 0061: UE may evaluate the UL beam quality and select the spatial domain filter(s) for PUCCH transmission based on the most recent qualified RS(s), e.g., based on the most recent measurement result].
However, Cheng does not explicitly disclose transmit, to the wireless device, a command confirming the beam switching type indication; receive, from a wireless device, a beam switching type indication requesting a beam switching type initiated by the wireless device; selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device; and receiving, based on a spatial domain transmission filter associated with one or more reference signals of the reference signal set, an uplink transport block.
Allowable Subject Matter
Claim 1-20 are allowable subject to resolution of the Double Patenting rejection above..
The following is an examiner’s statement of reasons for allowance: With respect to claim 1, the limitations “transmit, to the wireless device, a command confirming the beam switching type indication”, “receive, from a wireless device, a beam switching type indication requesting a beam switching type initiated by the wireless device”, and “selecting, based on the command, a reference signal set for the beam switching type initiated by the wireless device” in combination with the remaining limitations of the claim is not found in the prior art, therefore, claim 1 is allowable. Claims 8 and 15 recite similar limitations as those of claim 1, therefore, claims 8 and 15 are allowable for similar reasons as stated above. Claims 2-7, 9-14, and 16-20 depend from an allowable base claim, therefore, claims 2-7, 9-14, and 16-20 are allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN P COX whose telephone number is (571)272-2728. The examiner can normally be reached Monday-Friday 8:00AM-4PM EST.
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/BRIAN P COX/Primary Examiner, Art Unit 2474
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