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 .
Priority
2. Acknowledgment is made of the present Application is a continuation of U.S. Patent Application No. 17/738,456, filled on May 6, 2022, which is a continuation of U.S. Patent Application No. 16/784,471, filed on February 7, 2020, which claims the benefit of U.S. Provisional Application No. 62/804,069, filed on February 11, 2019.
Examiner's Notes
3. Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; (3) EFS WEB; or (4) the service window on the Alexandria campus. EFS web is the recommended way to submit the form since this allows the form to be entered into the file wrapper within the same day (system dependent). Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Information Disclosure Statement
4. Acknowledgment is made of Applicant’s submission of information disclosure statement (IDS) dated on June 25, 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Application Status
5. Acknowledgment is made of the present application is submitted on May 22, 2024. Claims 1-20 are pending. This communication is considered fully responsive and sets forth below.
Double Patenti4ng
6. 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).
7. Claim 1 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,330,456.
Regarding claim 1, it recites, “A method comprising:
detecting, by a wireless device, a first synchronization status based on monitoring a first radio link quality on a first plurality of reference signals;
transitioning, from a non-power-saving mode to a power-saving mode based on a command received during monitoring; and
detecting a second synchronization status based on monitoring a second radio link quality on a second plurality of reference signals while in the power-saving mode.”
Claim 1 of U.S. Patent No. 11,330,456 recites, “A method comprising:
monitoring, by a wireless device, a first radio link quality on a first plurality of reference signals of a bandwidth part of a cell in a non-power-saving state;
detecting at least a first synchronization status based on the monitoring the first radio link quality;
receiving a downlink control information indicating transitioning from the non-power-saving state to a power saving state;
monitoring, based on the downlink control information, a second radio link quality on a second plurality of reference signals of the bandwidth part; and
detecting at least a second synchronization status based on the monitoring the second radio link quality.”
Both claim 1 of the instant application and claim 1 of U.S. Patent No. 11,330,456 are method-step claim. The following shows the limitations mappings and teaching.
for limitation “detecting, by a wireless device, a first synchronization status based on monitoring a first radio link quality on a first plurality of reference signals” in claim 1,
“monitoring, by a wireless device, a first radio link quality on a first plurality of reference signals” as indicated in italics in claim 1 of U.S. Patent No. 11,330,456 teaches the limitation of “monitoring a first radio link quality on a first plurality of reference signals;”
in fact, “monitoring, by a wireless device, a first radio link quality on a first plurality of reference signals,” and “detecting at least a first synchronization status based on the monitoring the first radio link quality” in claim 1 of U.S. Patent No. 11,330,456 teaches the limitation of “detecting, by a wireless device, a first synchronization status based on monitoring a first radio link quality on a first plurality of reference signals;”
for limitation “transitioning, from a non-power-saving mode to a power-saving mode based on a command received during monitoring” in claim 1,
“receiving a downlink control information” as indicated in italics in claim 1 of U.S. Patent No. 11,330,456 teaches the limitation of “a command received during monitoring;”
in fact, “receiving a downlink control information indicating transitioning from the non-power-saving state to a power saving state” in claim 1 of U.S. Patent No. 11,330,456 reads on this limitation;
for the last limitation in claim 1, i.e., “detecting a second synchronization status based second synchronization status based on monitoring a second radio link quality on a second plurality of reference signals while in the power-saving mode,”
“monitoring, based on the downlink control information, a second radio link quality on a second plurality of reference signals” as indicated in italics in claim 1 of U.S. Patent No. 11,330,456 teaches the limitation of “monitoring a second radio link quality on a second plurality of reference signals;”
In fact, “monitoring, based on the downlink control information, a second radio link quality on a second plurality of reference signals;” and “detecting at least a second synchronization status based on the monitoring the second radio link quality;” in claim 1 of U.S. Patent No. 11,330,456 teaches the limitation of “detecting a second synchronization status based second synchronization status based on monitoring a second radio link quality on a second plurality of reference signals while in the power-saving mode.”
Based on the limitations mappings/teaching presented above, claim 1 of the instant application would be obvious to one skilled in the art.
Same rational applies to claims 2, 3, 5-7, 15, 16, and 18-20 as follows:
8. Claim 2 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,330,456.
9. Claim 3 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 10 of U.S. Patent No. 11,330,456.
10. Claim 5 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 2 of U.S. Patent No. 11,330,456.
11. Claim 6 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 6 of U.S. Patent No. 11,330,456.
12. Claim 7 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 7 and 8 of U.S. Patent No. 11,330,456.
13. Claim 15 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,330,456 (Examiner’s Note: claim 15 includes similar limitations as in claim 1 of the patent, though claim 15 is written in a non-transitory computer-readable medium form and claim 1 of the patent is in method-step form).
14. Claim 16 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,330,456 (Examiner’s Note: claim 16 includes similar limitations that is a part of limitations as in claim 1 of the patent, though claim 16 is written in a non-transitory computer-readable medium form and claim 1 of the patent is in method-step form).
15. Claim 18 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 2 of U.S. Patent No. 11,330,456 (Examiner’s Note: claim 18includes similar limitations as in claim 2 of the patent, though claim 18 is written in a non-transitory computer-readable medium form and claim 2 of the patent is in method-step form).
16. Claim 19 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 6 of U.S. Patent No. 11,330,456 (Examiner’s Note: claim 19 includes similar limitations as in claim 6 of the patent, though claim 19 is written in a non-transitory computer-readable medium form and claim 1 of the patent is in method-step form).
17. Claim 20 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 7 and 8 of U.S. Patent No. 11,330,456 (Examiner’s Note: claim 20 includes similar limitations as in claims 7 and 8 of the patent, though claim 20 is written in a non-transitory computer-readable medium form and claims 7 and 8 of the patent are in method-step form).
18. Claim 8 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,997,517.
Regarding claim 8, it recites, “A method comprising:
transmitting, by a base station to a wireless device, a first plurality of reference signals,
wherein the wireless device detects a first synchronization status based on monitoring a first radio link quality on the first plurality of reference signals;
transmitting a command, wherein the wireless device transitions, from a non-power-saving mode to a power-saving mode based on the command received during monitoring; and
transmitting, by the base station to the wireless device, a second plurality of reference signals,
wherein the wireless device detects a second synchronization status based on monitoring a second radio link quality on a second plurality of reference signals while in the power-saving mode.”
Claim 1 of U.S. Patent No. 11,997,517 recites, “A method comprising:
transmitting, by a base station to a wireless device, first reference signals, of a bandwidth part of a cell in a non-power-saving state,
from which a first radio link quality is monitored by the wireless device to detect a first synchronization status for the cell;
transmitting a downlink control information indicating the cell transitioning from the non-power-saving state to a power saving state; and
transmitting, based on the downlink control information, second reference signals, of the bandwidth part of the cell in the power saving state,
from which a second radio link quality is monitored by the wireless device to detect a second synchronization status for the cell.”
Both claim 8 of the instant application and claim 1 of U.S. Patent No. 11,997,517 are method-step claim. The following shows the limitations mappings and teaching.
for limitation “transmitting, by a base station to a wireless device, a first plurality of reference signals” in claim 1,
“first reference signals” as indicated in italics in claim 1 of U.S. Patent No. 11,997,517 teaches the limitation of “a first plurality of reference signals;”
in fact, “transmitting, by a base station to a wireless device, first reference signals” in claim 1 of U.S. Patent No. 11,997,517 teaches the limitation of “transmitting, by a base station to a wireless device, a first plurality of reference signals;”
for limitation “wherein the wireless device detects a first synchronization status based on monitoring a first radio link quality on the first plurality of reference signals” in claim 1,
“from which a first radio link quality is monitored by the wireless device to detect a first synchronization status” as indicated in italics in claim 1 of U.S. Patent No. 11,997,517 reads on this limitation;
for the limitation “transmitting a command, wherein the wireless device transitions, from a non-power-saving mode to a power-saving mode based on the command received during monitoring,”
“a downlink control information” as indicated in italics in claim 1 of U.S. Patent No. 11,997,517 teaches the limitation of “a command;”
in fact, “transmitting a downlink control information indicating the cell transitioning from the non-power-saving state to a power saving state” in claim 1 of U.S. Patent No. 11,997,517 teaches the limitation of “transmitting a command, wherein the wireless device transitions, from a non-power-saving mode to a power-saving mode based on the command received during monitoring;”
for the last transmitting limitation, i.e., “transmitting, by the base station to the wireless device, a second plurality of reference signals” in claim 1,
“second reference signals” as indicated in italics in claim 1 of U.S. Patent No. 11,997,517 teaches the limitation of “a second plurality of reference signals;”
in fact, “transmitting, by a base station to a wireless device, first reference signals” in claim 1 of U.S. Patent No. 11,997,517 teaches this limitation;
for the last wherein clause limitation, i.e., “wherein the wireless device detects a second synchronization status based on monitoring a second radio link quality on a second plurality of reference signals while in the power-saving mode” in claim 1,
“from which a second radio link quality is monitored by the wireless device to detect a second synchronization statu ” as indicated in italics in claim 1 of U.S. Patent No. 11,997,517 reads on this limitation;
Based on the limitations mappings/teaching presented above, claim 8 of the instant application would be obvious to one skilled in the art.
Same rational applies to claims 9, 10, and 12-14 as follows:
19. Claim 9 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,997,517.
20. Claim 10 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 10 of U.S. Patent No. 11,997,517.
21. Claim 12 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 2 of U.S. Patent No. 11,997,517.
22. Claim 13 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 6 of U.S. Patent No. 11,997,517.
23. Claim 14 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 7 and 8 of U.S. Patent No. 11,997,517.
24. Claim 4 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 10 of U.S. Patent No. 11,330,456 in view of Nimbalker et al. (US 2022/0078879).
Regarding claim 4, it recites, “The method of claim 3, further comprising transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality.”
Claim 10 of U.S. Patent No. 11,330,456 claims the elements similar to the limitations of the instant claim 4 with the exception of transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality.
Nimbalker et al. from the same or similar field of endeavor teach implementing fairness of the method, transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality (paragraph [0179] lines 1-11; Examiner’s Notes: transitioning/waking up, e.g., from the sleep mode to the wakeup mode in the prior art teaches the limitation of “transitioning from the power-saving mode to the non-power-saving mode;”
in fact, transitioning/waking up, e.g., from the sleep mode to the wakeup mode, and resuming the channel monitoring according to the transitioning/waking up signal in the prior art teaches the limitation of “transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality” in the instant application).
Thus, it would have been obvious to one of ordinary skill in the art to implement the method of Nimbalker et al. in the system of claim 10 of the patent.
The motivation for implementing transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality, is to further enhance the method by a wireless device configured for Discontinuous Reception, DRX, including monitoring for a first wakeup signal, WUS, during a first WUS monitoring occasion, in response to the wireless device detecting the first WUS during the first WUS monitoring occasion, the wireless device monitors a downlink control channel during a downlink control channel monitoring occasion associated with the detected first WUS and abstains from monitoring for a second WUS in a second WUS monitoring occasion based on a condition.
25. Claim 11 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 10 of U.S. Patent No. 11,997,517 in view of Nimbalker et al. (US 2022/0078879).
Regarding claim 11, it recites, “The method of claim 10, further comprising transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality.”
Claim 10 of U.S. Patent No. 11,997,517 claims the elements similar to the limitations of the instant claim 11 with the exception of transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality.
Nimbalker et al. from the same or similar field of endeavor teach implementing fairness of the method, transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality (paragraph [0179] lines 1-11; Examiner’s Notes: transitioning/waking up, e.g., from the sleep mode to the wakeup mode in the prior art teaches the limitation of “transitioning from the power-saving mode to the non-power-saving mode;”
in fact, transitioning/waking up, e.g., from the sleep mode to the wakeup mode, and resuming the channel monitoring according to the transitioning/waking up signal in the prior art teaches the limitation of “transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality” in the instant application).
Thus, it would have been obvious to one of ordinary skill in the art to implement the method of Nimbalker et al. in the system of claim 10 of the patent.
The motivation for implementing transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality, is to further enhance the method by a wireless device configured for Discontinuous Reception, DRX, including monitoring for a first wakeup signal, WUS, during a first WUS monitoring occasion, in response to the wireless device detecting the first WUS during the first WUS monitoring occasion, the wireless device monitors a downlink control channel during a downlink control channel monitoring occasion associated with the detected first WUS and abstains from monitoring for a second WUS in a second WUS monitoring occasion based on a condition.
26. Claim 17 is rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 10 of U.S. Patent No. 11,330,456 in view of Nimbalker et al. (US 2022/0078879).
Regarding claim 17, it recites, “The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the wireless device to stop the monitoring of the radio link quality based on the transitioning to the power-saving mode and
resuming the monitoring of the first radio link quality based on transitioning from the power-saving mode to the non-power-saving mode.”
Claim 10 of U.S. Patent No. 11,330,456 recites, “The method of claim 1, further comprising stopping the monitoring the first radio link quality on the first plurality of reference signals in response to receiving the downlink control information.”
Claim 10 of the patent teaches “The non-transitory computer-readable medium of claim 15, wherein the instructions further cause the wireless device to stop the monitoring of the radio link quality based on the transitioning to the power-saving mode” indicated in italics above (Examiner’s Note: claim 10 of the patent includes similar limitations, that is the 1st part of claim 17, though claim 17 is written in a non-transitory computer-readable medium form and claim 10 of the patent is in method-step form).
Claim 10 claims the elements similar to the limitations of the instant claim 17 with the exception of resuming the monitoring of the first radio link quality based on transitioning from the power-saving mode to the non-power-saving mode.
Nimbalker et al. from the same or similar field of endeavor teach implementing fairness of the method, resuming the monitoring of the first radio link quality based on transitioning from the power-saving mode to the non-power-saving mode (paragraph [0179] lines 1-11; Examiner’s Notes: transitioning/waking up, e.g., from the sleep mode to the wakeup mode in the prior art teaches the limitation of “transitioning from the power-saving mode to the non-power-saving mode;”
in fact, resuming the channel monitoring according to the transitioning/waking up, e.g., from the sleep mode to the wakeup mode in the prior art teaches the limitation of “transitioning from the power-saving mode to the non-power-saving mode and based on the transitioning resuming the monitoring of the first radio link quality” in the instant application).
Thus, it would have been obvious to one of ordinary skill in the art to implement the method of Nimbalker et al. in the system of claim 10 of the patent.
The motivation for implementing resuming the monitoring of the first radio link quality based on transitioning from the power-saving mode to the non-power-saving mode, is to further enhance the method by a wireless device configured for Discontinuous Reception, DRX, including monitoring for a first wakeup signal, WUS, during a first WUS monitoring occasion, in response to the wireless device detecting the first WUS during the first WUS monitoring occasion, the wireless device monitors a downlink control channel during a downlink control channel monitoring occasion associated with the detected first WUS and abstains from monitoring for a second WUS in a second WUS monitoring occasion based on a condition.
Allowable Subject Matter
27. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as presented above, but would be allowable if the rejections are overcome.
The following is the reason for examiner’s statement of allowance:
The closest prior art on record, Lee et al. (US 2020/0022011) and Parkvall et al. (US 2017/0331670) are generally directed to various aspects of the system for wireless communications, wherein a user equipment (UE) receives, from a base station, a first message indicating a plurality of measurement configurations, each measurement configuration of the plurality of measurement configurations includes different sets of measurement parameters used for measuring a reference signal (RS) of a cell, the UE also receives a second message indicating that the UE activate a first measurement configuration, deactivate the first measurement configuration, or switch to the first measurement configuration, where the first measurement configuration is from the plurality of measurement configurations, and then the UE determines a measurement reporting scheme based on the indication to activate, deactivate, or switch to the first measurement configuration; the fifth-generation wireless communications network, including determining a reporting quality threshold for a parameter related to channel state information (CSI), performing a measurement for each of a plurality of beams from a first predetermined set of beams for evaluation, evaluating the measurement for each of the plurality of beams against the reporting quality threshold, discontinuing the performing and evaluating of measurements in response to determining that the reporting quality threshold is met for one of the beams, such that one or more beams in the first predetermined set of beams are not measured and evaluated, and reporting, to the wireless communications network, CSI for the one of the beams.
However, in consideration of the claim limitations filed May 22, 2024, the information disclosure statement (IDS) submitted on June 25, 2024, and further search, no prior art reference or a combination of prior art references disclose or suggest the combination of limitations specified in the independent claims including:
“transitioning, from a non-power-saving mode to a power-saving mode based on a command received during monitoring;” and “detecting a second synchronization status based on monitoring a second radio link quality on a second plurality of reference signals while in the power-saving mode,” as specified in claim 1.
Similar limitations are included in claim 15.
“transmitting a command, wherein the wireless device transitions, from a non-power-saving mode to a power-saving mode based on the command received during monitoring;” and “transmitting, by the base station to the wireless device, a second plurality of reference signals, wherein the wireless device detects a second synchronization status based on monitoring a second radio link quality on a second plurality of reference signals while in the power-saving mode,” as specified in claim 8.
Dependent claims 2-7, 9-14, and 16-20 are also allowable for incorporating the features recited in the independent claim(s).
Conclusion
28. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Parkvall et al. (US 2017/0331670) is directed to various aspects of the fifth-generation wireless communications network, including determining a reporting quality threshold for a parameter related to channel state information (CSI), performing a measurement for each of a plurality of beams from a first predetermined set of beams for evaluation, evaluating the measurement for each of the plurality of beams against the reporting quality threshold, discontinuing the performing and evaluating of measurements in response to determining that the reporting quality threshold is met for one of the beams, such that one or more beams in the first predetermined set of beams are not measured and evaluated, and reporting, to the wireless communications network, CSI for the one of the beams;
Lee et al. (US 2020/0022011) is generally directed to various aspects of the system for wireless communications, wherein a user equipment (UE) receives, from a base station, a first message indicating a plurality of measurement configurations, each measurement configuration of the plurality of measurement configurations includes different sets of measurement parameters used for measuring a reference signal (RS) of a cell, the UE also receives a second message indicating that the UE activate a first measurement configuration, deactivate the first measurement configuration, or switch to the first measurement configuration, where the first measurement configuration is from the plurality of measurement configurations, and then the UE determines a measurement reporting scheme based on the indication to activate, deactivate, or switch to the first measurement configuration;
Etemad et al. (US 9,572,063) is cited to show the radio resource control (RRC) signaling for configuring the user equipment to obtain and report channel state information for the downlink channels so that a target user equipment experiences enhanced signal reception and reduced interference;
Lo (US 2018/0020441) is cited to show the collaborative transmission in a wireless communication system, wherein the control information indicates time-frequency resources allocated or assigned for data transmission by the transmitter;
Dinan et al. (US 2013/0170435) is cited to show the control plane information that comprises first label value for transmitting a first plurality of packets to the base station and second label value for transmitting a second plurality of packets to the packet network gateway.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEI ZHAO whose telephone number is (571)270-5672. The examiner can normally be reached from 8:00AM to 5:00PM Monday through Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAE Y. LEE can be reached on 571-270-3936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WEI ZHAO/ Primary Examiner
Art Unit 2479
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