DETAILED ACTION
This action is in response to the Application filed 05/23/2024. In the Application claims 1-10 are pending wherein claims 1, 6 are in independent form. The present Application claims The Present Application is a Continuation of Application No. 17/250,591 (now US Patent No. 11, 997,739) which is a 371 of PCT/KR2019/010029 with a filing date of 08/09/2019, claims Foreign Priority to CN201810905324.8 with a filing date of 08/09/2018, CN201811136964.3 with a filing date of 09/27/2018, CN201811298996.3 with a filing date of 11/01/2018 (certified copies of foreign priority documents received on 02/05/2021).
Claim Interpretation
The Examiner makes the following notes with respect to claim interpretation in order to provide a clear record. The Applicant limitations and statements in the record in parent case 17/250,591 induce a particular claim construction which dictates claim interpretation with respect to the prior art. As to the limitation "releasing the configuration" the term “releasing” is limited to the Applicant definition as set forth in the Specification which states:
[0019] ... "Release" refers to emptying related configuration information, that is, related configuration information is deleted, and resources indicated by the related configuration information will not be used.
[0079] ... For example, the release of the configured at least one of a parameter or a resource can be implemented in any of the following ways:
[0080] a) Releasing the configured at least one of a parameter or a resource after a predefined number of RRC idle mode uplink blank transmissions. Throughout the text, "blank transmission" refers to that no data is transmitted on the relevant resources.
[0136] In step S840, the UE releases the UL SPS resource, that is, stops the UL SPS transmission, and empties the parameter and resource configuration information of the UL SPS. The UE may release the UL SPS resources in an implicit manner, for example, release the SPS resources after a predefined number of SPS blank transmissions (see RRC parameter ImplicitReleaseAfter), or release the SPS resources after the TimeAlignmentTimer of the TA expires; or the UE may release the UL SPS resources in an explicit manner, i.e., the UL SPS resources are not released until the explicit release signaling from the eNB is received, for example, the explicit release signaling is carried by the ACK DCI of the SPS, or the deactivation DCI format of the existing system is reused.
Therefore, the claim construction of the limitation “releasing the configuration” is limited to the understanding of “releasing” set forth in the sections noted above and is not to be construed in a broader manner or to incorporate a broader meaning. The Examiner interprets the claim limitation to mean, when viewed in light of the specification, to empty or delete the associated configuration information, and would interprets the limitation "to release the configuration information" to mean to delete the configuration information configured to the UE. This construction is used when comparing the limitations to the disclosure of the prior art, and contributes to the reasons for allowance over the prior art.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1, 5, 6, 10 of the present application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,997,739 (hereinafter ‘patent 1’). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the present application are found in their entirety within the bounds of the claims of the patent and/or are obvious over the art noted below. The limitations of the claims are mapped to limitations of claims 1-16 of the patent according to the mapping in the table below.
Present Application 18/672,916
1. A user equipment (UE) in a wireless communication system, the UE comprising:
a transceiver; and a controller coupled with the transceiver, and configured to:
receive, from a base station (BS) via a radio resource control (RRC) signaling, information configuring a preconfigured uplink resource (PUR),
identify that the information includes a parameter ImplicitReleaseAfter, while the UE is in an RRC idle mode,
identify a failure associated with the PUR, and
in case that a number of consecutive occasions for the PUR have been skipped, release the information configuring the PUR, wherein the parameter ImplicitReleaseAfter indicates the number of consecutive occasions for the PUR that can be skipped before the releasing of the information.
5. The UE of claim 1, wherein, in order to receive the information configuring the PUR, the controller is configured to:
receive the information configuring the PUR in an RRC connected mode, and store the information configuring the PUR when an RRC connection is released.
6. A method performed by a user equipment (UE) in a wireless communication system, the method comprising:
receiving, from a base station (BS) via a radio resource control (RRC) signaling, information configuring a preconfigured uplink resource (PUR);
identifying that the information includes a parameter ImplicitReleaseAfter, while the UE is in an RRC idle mode;
identifying a failure associated with the PUR; and
in case that a number of consecutive occasions for the PUR have been skipped, releasing the information configuring the PUR, wherein the parameter ImplicitReleaseAfter indicates the number of consecutive occasions for the PUR that can be skipped before the releasing of the information.
10. The method of claim 6, wherein the receiving of the information configuring the PUR comprises:
receiving the information configuring the PUR in an RRC connected mode; and
storing the information configuring the PUR when an RRC connection is released.
US Patent No. 11,997,739
16. A user equipment (UE) in a wireless communication system, the UE comprising:
a transceiver; and a controller coupled with the transceiver, and configured to:
receive configuration information associated with a preconfigured uplink resource (PUR), from a base station (BS),
identify that the configuration information includes a parameter ImplicitReleaseAfter, while the UE is in a radio resource control (RRC) idle mode, and
if a number of consecutive occasions for the PUR have been skipped, release the configuration information associated with the PUR, wherein the parameter ImplicitReleaseAfter indicates the number of consecutive occasions for the PUR that can be skipped before the releasing of the configuration information.
2. The method of claim 1, wherein the receiving of the configuration information associated with the PUR comprises:
receiving the configuration information associated with the PUR in an RRC connected mode; and storing the configuration information associated with the PUR when an RRC connection is released.
1. A method performed by a user equipment (UE) in a wireless communication system, the method comprising:
receiving configuration information associated with a preconfigured uplink resource (PUR) from a base station (BS);
identifying that the configuration information includes a parameter ImplicitReleaseAfter, while the UE is in a radio resource control (RRC) idle mode; and
if a number of consecutive occasions for the PUR have been skipped, releasing the configuration information associated with the PUR, wherein the parameter ImplicitReleaseAfter indicates the number of consecutive occasions for the PUR that can be skipped before the releasing of the configuration information.
2. The method of claim 1, wherein the receiving of the configuration information associated with the PUR comprises:
receiving the configuration information associated with the PUR in an RRC connected mode; and
storing the configuration information associated with the PUR when an RRC connection is released.
It is noted that the sections of the column US PAT No. 11,997,739 (hereinafter ‘patent 1’) wherein the corresponding limitations are aligned along the horizontal axis. The Examiner notes the differences in the claims of the present Application of current application with respect to patent 1 are obvious from the patent. Additionally, the differences are clearly obvious from the disclosure at least from United States Patent Application Publication US-20200187245 to Fujishiro et al in view of United States Patent Application Publication US-20210120622 to Fujishiro (hereinafter d2) which discloses a method (see d1 Fig. 18) which is carried out by as system which includes at least a base station (i.e. network device) and a UE (i.e. terminal), wherein the UE is controlled to execute the method (see d1 Fig. 8 para. 0279-0288); transmission by BS and reception at the UE of a SIB (see d1 Fig. 18 step S751) wherein the SIB contains at least a first and second timer value (i.e. parameter) (see d1 para. 0280); wherein the parameter is used for RRC idle mode uplink data transmission (see d1 para. 0281, para. 0004, 0136); d1 also discloses transmitting UL data in RRC idle mode using at least the timers received in the SIB (see d1 Fig. 18 step S759 para. 0286); data transmission is performed in RRC idle mode (see d1 Fig. 18) and reception of timers in idle mode (see d1 para. 0280); reception of an RNTI from a BS at a UE (see d2 para. 0006, 0009) (i.e. at least one of a parameter or a resource configuration for radio resource control, (RRC) idle mode uplink transmission from base station), wherein the disclosure of d2 is also applicable to the other limitations of claim 1 (see d1 para. 0006, 0009). D1 in view of d2 discloses reception of an RNTI in connected mode (see d2 para. 0006, 0009) which is retained for communication in RRC idle mode after connection release (see d2 para. 0006, 0009); reception using UE specific signaling (see d2 para. 0064, 0079-0080, 0095, 0108) in RRC connected mode (see d2 para. 0006, 0009); monitoring activation signaling for activating resources (see d1 para. 0150, 0255, 0267, 0271, 0363, 0370) and transmitting on resources in the idle mode (see d2 para. 0006, 0009); reception of TA (see d2 para. 0063-0064, 0086, 0089, 0104, 0119) and preserving a parameter for transmission in RRC idle mode (see d2 para. 0006, 0009); requesting parameters via RA procedure (see d2 Fig. 7 para. 0055-0085, 0092, 0147; d1 para. 0351); transmitting a request via msg 3 and reception via message 4 (see d1 para. 079-0288 Fig. 18, d2 para. 0072-0073, 0066, 0070); transmitting a request via message 3, reception a response via message 4 (see d1 para. 079-0288 Fig. 18, d2 para. 0072-0073, 0066, 0070) and reception of message 5 (see d2 para. 0089, 0223, 0353, 0434) including DCI (para. 0097, 0126-0130, 0289); releasing parameters or resources (see d1 para. 0115-0116, 0239); rejection of transmission in idle mode (see d1 para. 0462) carried by message 4 (see d2 para. 079-0288 Fig. 18, d2 para. 0072-0073, 0066, 0070); semi static configuration (see d2 para. 0150, 0362-0364).
Therefore, the differences between the current application and the patent are obvious at least from d1, d2, in the sections noted above. As a result, claims 1, 5, 6, 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11,997,739 (i.e. ‘patent 1’).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1, and 6 the claim recite “in case that a number of consecutive occasions for the PUR have been skipped, release the information configuring the PUR, wherein the parameter ImplicitReleaseAfter indicates the number of consecutive occasions for the PUR that can be skipped before the releasing of the information”.
The limitation is indefinite because it fails to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. The claim recites “in case that”, wherein it is unclear if the limitations following the limitation are to be afforded patentable weight. Using “in case that” fails to particularly point out or distinctly claim the invention as it calls into question if the limitations which follow are provided as non-functional descriptive material. For purposes of Examination the Examiner interprets the terms as delineating non-functional descriptive material from the limitations afforded patentable weight. One of ordinary skill in the art would be unable to determine if the limitations following “in case that” are optional (i.e. perform just in case _ happens?) or additionally non-functional descriptive material. Appropriate correction is required. The Examiner suggests citation of a direct action (i.e. determine that a number of consecutive occasions for the PUR have been skipped) if the limitations are intended to be given patentable weight, in order to particularly point out and distinctly claim the subject matter which the inventor regards as the invention. The limitations noted above are found in claims 1, 4, 6, 9 and thus, each claim directly contains the issues. The Examiner notes that claims 2-5 and 7-10 are dependent on claims 1 and 6 and inherit the issues noted above. The claims provide no limitations which overcome the issues, and are therefore rejected based on dependence on claims 1 and 6.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN SCOTT TAYLOR whose telephone number is (571)270-3189. The examiner can normally be reached on Mon. - Thurs. 9:00-4:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JINSONG HU can be reached on 5712723965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NATHAN S TAYLOR/ Primary Examiner, Art Unit 2643