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 .
DETAILED ACTION
Claims 1-3, 5-20, 22-26 are presented for examination.
Information Disclosure Statement
The IDS filed on 1/10/2025, 2/10/2025, 4/17/2025, 5/15/2025, 10/22/2025, 11/17/2025, 1/21/2026 are considered.
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.
Claims 25-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims are eligible for patent protection under § 101 if they are in one of the four statutory categories and not directed to a judicial exception to patentability (i.e., laws of nature, natural phenomena, and abstract ideas). Alice Corp. v. CLS Bank Int'l, 573 U. S. ____ (2014). Claims 25-26 do not fall within at least one of the four categories of patent eligible subject matter because the language of claims raises a question as to whether the claims are directed merely to an abstract idea that is not tied to a technological art, environment or machine which would result in a practical application producing a useful, concrete and tangible result to form the basis of statutory subject matter under 35 U.S.C. 101. The claims appear to define the metes and bounds of an invention comprised of software alone without claiming associated computer hardware required for execution. Software alone, without a machine, is incapable of transforming any physical subject matter by chemical, electrical, or mechanical acts. The claims also do not include additional elements beyond the abstract idea of selecting answers for question. Therefore, the software claims are directed to an abstract idea. Correction is required.
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.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-3, 11-17, 20, 22-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cirik et al (Cirik), US 2020/0100154.
Cirik is cited by the applicant in the IDS.
As per claim 1, Cirik teaches the invention including a communication apparatus comprising at least one processor, and at least one memory including computer program code, wherein the at least one memory and the computer program code are configured, with the at least one processor (pp. 0055, 0068), to cause the communication apparatus to:
Upon receiving a secondary cell group activation indication, determine that a value of a beam failure instance counter associated with at least one cell of a secondary cell group is above or equal to a beam failure instance threshold (pp. 0229-0231, 0300-0301, 0310-0314, 0347-0349); and
Trigger, based at least on the determining, a beam failure recovery procedure for the at least one cell of the secondary cell group (pp. 0310-0316, 0347-0353).
As per claim 2, Cirik teaches the invention as claimed in claim 1. Cirik further teaches wherein the apparatus is further caused to:
Trigger the beam failure recovery procedure for the at least one cell of the secondary cell group also based on determining that a beam failure detection timer associated with the at least one cell of the secondary cell group is running upon receiving the secondary cell group activation indication (pp. 0347-0353).
As per claim 3, Cirik teaches the invention as claimed in claim 1. Cirik further teaches wherein the apparatus is caused to:
Require that a beam failure detection timer associated with the at least one cell of the secondary cell group is running and that the value of the beam failure instance counter associated with the at least one cell of the secondary cell group is above or equal to the beam failure instance threshold upon receiving the secondary cell group activation indication to trigger the beam failure recovery procedure for the at least one cell of the secondary cell group (pp. 0347-0353).
As per claim 11, Cirik teaches the invention as claimed in claim 1. Cirik further teaches wherein the apparatus is configured to receive the secondary cell group activation indication from a master node via a master cell group (pp. 0132, 0145, 0183-0187).
As per claim 12, Cirik teaches the invention as claimed in claim 1. Cirik further teaches wherein the apparatus is configured to trigger beam failure recovery procedure by performing Random Access, RA, procedure (pp. 0229-0230, 0348-0350).
As per claim 13, Cirik teaches the invention as claimed in claim 12. Cirik further teaches wherein the at least one cell comprises a Primary Second Cell, PSCell, of the secondary cell group (pp. 0128, 0146), and wherein the apparatus is configured to trigger the beam failure recovery procedure by performing RA procedure towards the PSCell (pp. 0348-0350).
As per claim 14, Cirik teaches the invention as claimed in claim 13. Cirik further teaches wherein the apparatus is configured to perform the RA procedure by transmitting a random access preamble to the PSCell (pp. 0146, 0233).
As per claim 15, Cirik teaches the invention including a communication apparatus comprising at least one processor, and at least one memory including computer program code, wherein the at least one memory and the computer program code are configured, with the at least one processor (pp. 0055, 0068), to cause the apparatus to:
Transmit, to a user equipment, a message indicative of a configuration for beam failure recovery associated with a second cell group (pp. 0310-0316, 0347-0353);
Wherein the configuration indicates to determine that a value of a beam failure instance counter associated with at least one cell of a secondary cell group is above or equal to a beam failure instance threshold upon receiving a secondary cell group activation indication (pp. 0229-0231, 0300-0301, 0310-0314, 0347-0349); and,
at least based on the determining, to trigger a beam failure recovery procedure for the at least one cell of the secondary cell group (pp. 0310-0316, 0347-0353).
As per claim 16, Cirik teaches the invention as claimed in claim 15. Cirik further teaches wherein the configuration further indicates to trigger the beam failure recovery procedure for the at least one cell of the secondary cell group also based on determining that a beam failure detection timer associated with the at least one cell of the secondary cell group is running upon receiving the secondary cell group activation indication (pp. 0347-0353).
As per claim 17, Cirik teaches the invention as claimed in claim 15. Cirik further teaches wherein the configuration further indicates to require that a beam failure detection timer associated with the at least one cell of the secondary cell group is running and that the value of the beam failure instance counter associated with the at least one cell of the secondary cell group is above or equal to the beam failure instance threshold upon receiving the secondary cell group activation indication to trigger the beam failure recovery procedure for the at least one cell of the secondary cell group (pp. 0347-0353).
As per claim 20, Cirik teaches the invention as claimed in claim 15. Cirik further teaches to transmit the secondary cell group activation indication to the user equipment (pp. 0132, 0145, 0183-0187).
As per claim 22, Cirik teaches the invention as claimed in claim 15. Cirik further teaches wherein the at least one cell comprises at least one of a special cell, a primary secondary cell, or a secondary cell (pp. 0128, 0132).
As per claim 23, Cirik teaches the invention including a communication method comprising:
Upon receiving a secondary cell group activation indication, determine that a value of a beam failure instance counter associated with at least one cell of a secondary cell group is above or equal to a beam failure instance threshold (pp. 0229-0231, 0300-0301, 0310-0314, 0347-0349); and
Triggering, based at least on the determining, a beam failure recovery procedure for the at least one cell of the secondary cell group (pp. 0310-0316, 0347-0353).
As per claim 24, Cirik teaches the invention including a communication method comprising:
Transmitting, to a user equipment, a message indicative of a configuration for beam failure recovery associated with a second cell group (pp. 0310-0316, 0347-0353);
Wherein the configuration indicates to determine that a value of a beam failure instance counter associated with at least one cell of a secondary cell group is above or equal to a beam failure instance threshold upon receiving a secondary cell group activation indication (pp. 0229-0231, 0300-0301, 0310-0314, 0347-0349); and,
at least based on the determining, to trigger a beam failure recovery procedure for the at least one cell of the secondary cell group (pp. 0310-0316, 0347-0353).
As per claim 25, Cirik teaches the invention including a computer program comprising instructions for causing an apparatus to perform at least the following:
Upon receiving a secondary cell group activation indication, determine that a value of a beam failure instance counter associated with at least one cell of a secondary cell group is above or equal to a beam failure instance threshold (pp. 0229-0231, 0300-0301, 0310-0314, 0347-0349); and
Triggering, based at least on the determining, a beam failure recovery procedure for the at least one cell of the secondary cell group (pp. 0310-0316, 0347-0353).
As per claim 26, Cirik teaches the invention including a computer program comprising instructions for causing an apparatus to perform at least the following:
Transmitting, to a user equipment, a message indicative of a configuration for beam failure recovery associated with a second cell group (pp. 0310-0316, 0347-0353);
Wherein the configuration indicates to determine that a value of a beam failure instance counter associated with at least one cell of a secondary cell group is above or equal to a beam failure instance threshold upon receiving a secondary cell group activation indication (pp. 0229-0231, 0300-0301, 0310-0314, 0347-0349); and,
at least based on the determining, to trigger a beam failure recovery procedure for the at least one cell of the secondary cell group (pp. 0310-0316, 0347-0353).
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.
Claim(s) 5-10, 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cirik et al (Cirik), US 2020/0100154, in view of Huawei et al, “UE behavior on deactivated SCG”, 3GPP DRAFT; R2-2101481, 3rd Generation Partnership Project (3GPP), Mobile Competence Centre; 650, Route Des Lucioles; F-06921 Sophia-Antipolis Cedex; France, Vol. RAN WG2, 20210125-20210205, January 15, 2021 (Hereinafter Huawei).
Huawei is cited by the applicant in the IDS.
As per claim 5, Cirik teaches the invention as claimed in claim 1. Cirik does not teach wherein the apparatus is further caused to:
Detect a beam failure on the at least one cell of the secondary cell group, while the secondary cell group is deactivated; and
Trigger a time alignment timer associated with the at least one cell of the secondary cell group to expire upon detecting the beam failure, while the secondary cell up is deactivated.
Huawei teaches to
Detect a beam failure on the at least one cell of the secondary cell group, while the secondary cell group is deactivated (Section 2.2: Proposal 6); and
Trigger a time alignment timer associated with the at least one cell of the secondary cell group to expire upon detecting the beam failure, while the secondary cell up is deactivated (Section 2.2: Proposal 7).
It would have been obvious to one of ordinary skill in art at the time the invention was filed to combine the teaching of Cirik and Huawei and stop the time alignment timer upon beam failure detection while the secondary cell group is deactivated in order to perform fast secondary cell group activation and minimize activation delay.
As per claim 6, Cirik teaches the invention as claimed in claim 1. Cirik does not teach wherein the apparatus is further caused to:
Detect a beam failure on the at least one cell of the secondary cell group, while the secondary cell group is deactivated; and
Trigger a time alignment timer associated with the at least one cell to expires in response to receiving the secondary cell group activation indication.
Huawei teaches to:
Detect a beam failure on the at least one cell of the secondary cell group, while the secondary cell group is deactivated (Section 2.2: Proposal 6); and
Trigger a time alignment timer associated with the at least one cell to expires in response to receiving the secondary cell group activation indication (Section 2.2: Proposal 4 and 7).
It would have been obvious to one of ordinary skill in art at the time the invention was filed to combine the teaching of Cirik and Huawei and stop the time alignment timer upon beam failure detection while the secondary cell group is deactivated in order to perform fast secondary cell group activation and minimize activation delay.
As per claim 7, Cirik and Huawei teach the invention as claimed in claim 5. Huawei further teaches wherein the apparatus is further caused to:
Stop performing beam failure detection on the at least one cell of the secondary cell group, when the time alignment timer expires (Section 2.2: Proposal 7).
As per claim 8, Cirik and Huawei teach the invention as claimed in claim 7. Huawei further teaches wherein the apparatus is configured to stop the beam failure detection when the time alignment timer expires, if no contention-free random-access resource are configured (Section 2.2).
As per claim 9, Cirik teaches the invention as claimed in claim 1. Cirik does not teach wherein the apparatus is further caused to:
Indicate, via a master cell group, a detected beam failure on the at least one cell of the secondary cell group.
Huawei teaches to indicate, via a master cell group, a detected beam failure on the at least one cell of the secondary cell group (Section 2.2: Proposal 6). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teaching of Cirik and Huawei and further have the UE reports the detected failure via a master cell group when the secondary cell group is deactivated.
As per claim 10, Cirik teaches the invention as claimed in claim 1. Cirik does not teach wherein the apparatus is further caused to:
Activate the secondary cell group in response to the secondary cell group activation indication received from a network element of a wireless communication network, or in response to an internal trigger.
Huawei teaches to:
Activate the secondary cell group in response to the secondary cell group activation indication received from a network element of a wireless communication network, or in response to an internal trigger (Section 2.2: Proposal 4).
It would have been obvious to one of ordinary skill in art at the time the invention was filed to combine the teaching of Cirik and Huawei and transmit secondary cell group activation command to activate the secondary cell group.
As per claim 18, Cirik teaches the invention as claimed in claim 15. Cirik does not teach wherein the configuration further indicates to case a time alignment timer to expire upon detecting the beam failure on the at least one cell, while the secondary cell up is deactivated. Huawei teaches to case a time alignment timer to expire upon detecting the beam failure on the at least one cell, while the secondary cell up is deactivated (Section 2.2: Proposal 6 and 7).
It would have been obvious to one of ordinary skill in art at the time the invention was filed to combine the teaching of Cirik and Huawei and stop the time alignment timer upon beam failure detection while the secondary cell group is deactivated in order to perform fast secondary cell group activation and minimize activation delay.
As per claim 19, Cirik teaches the invention as claimed in claim 15. Cirik does not teach wherein the configuration further indicates to cause a time alignment timer to expire receiving the secondary cell group activation indication, if a beam failure is detected on the at least one cell while the secondary cell group is deactivated. Huawei teaches to cause a time alignment timer to expire receiving the secondary cell group activation indication, if a beam failure is detected on the at least one cell while the secondary cell group is deactivated (Section 2.2: Proposal 4, 6 and 7). It would have been obvious to one of ordinary skill in art at the time the invention was filed to combine the teaching of Cirik and Huawei and stop the time alignment timer upon beam failure detection while the secondary cell group is deactivated in order to perform fast secondary cell group activation and minimize activation delay.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Deenoo et al, US 2022/0394583
Cirik et al, US 2021/0159967
Cirik et al, US 2019/0215048
A shortened statutory period for reply to this Office action is set to expire Three MONTHS from the mailing date of this action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNY S LIN whose telephone number is (571) 272-3968.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on 571-270-5630. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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KENNY S. LIN
Examiner
Art Unit 2416
/Kenny S Lin/
Primary Examiner, Art Unit 2416
February 4, 2026