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 .
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.
Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the broadest reasonable interpretation of a computer storage medium encompasses transitory signals. Furthermore, the instant specification at page 32, final paragraph, mentions various signals in the context of a storage medium.
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 2, 4, and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: Claim 2 is directed to a wireless device but does not comprise any structural components. Claim 4 is directed to a network node but does not comprise any structural components. Claim 14 is rejected by virtue of being dependent from claim 2.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 1-6, 8-12, 14-16, 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2019/0254064 A1 to QUALCOMM Incorporated (“Qualcomm”) [provided by Applicant].
As to claim 1, see similar rejection to claim 2. The apparatus teaches the method.
As to claim 2, Qualcomm discloses a wireless device for a wireless communication network (para. 0167-0168, UE), the wireless device arranged to be configured with: a transmission timing grid (para. 0059, resource grid…frame…each time slot) and for transmitting a random access message (para. 0170, fig. 7, At operation 702, the UE may perform a contention-based RACH procedure with a base station. For example, the UE may generate a RACH preamble based on a set of RACH resources received from a base station. The UE may receive a random access response from the base station based on the RACH preamble. In response to the random access response, the UE may generate a MSG3 (i.e. random access message), and may transmit the MSG3 to the base station ) with a timing shifted relative to the transmission timing grid (para. 0174, fig. 7, At operation 708, the UE may determine whether the UE is timing synchronized with the base station. For example, the UE may determine whether boundaries of at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., for uplink communication and downlink communication, respectively. The UE may be timing synchronized with the base station when at least one of symbols, slots, and/or subframes are aligned between the UE and the base station, e.g., within a threshold margin. The UE may be timing unsynchronized with the base station when at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., by more than the threshold margin. ), a border in time domain of the transmitted random access message being shifted relative to a border in time domain of a symbol time interval of the transmission timing grid (para. 0174, fig. 7, At operation 708 [i.e. occurring after MSG3, hence pertains to this transmission], the UE may determine whether the UE is timing synchronized with the base station. For example, the UE may determine whether boundaries of at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., for uplink communication and downlink communication, respectively. The UE may be timing synchronized with the base station when at least one of symbols, slots, and/or subframes are aligned between the UE and the base station, e.g., within a threshold margin. The UE may be timing unsynchronized with the base station when at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., by more than the threshold margin).
As to claim 3, see similar rejection to claim 4. The apparatus teaches the method.
As to claim 4, Qualcomm discloses a network node for a wireless communication network, the network node being configured to (para. 0170, base station): receive, from a wireless device configured with a transmission timing grid (para. 0059, resource grid…frame…each time slot), a random access message transmitted (para. 0170, fig. 7, At operation 702, the UE may perform a contention-based RACH procedure with a base station. For example, the UE may generate a RACH preamble based on a set of RACH resources received from a base station. The UE may receive a random access response from the base station based on the RACH preamble. In response to the random access response, the UE may generate a MSG3 (i.e. random access message), and may transmit the MSG3 to the base station ) with a timing shifted relative to the transmission timing grid (para. 0174, fig. 7, At operation 708, the UE may determine whether the UE is timing synchronized with the base station. For example, the UE may determine whether boundaries of at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., for uplink communication and downlink communication, respectively. The UE may be timing synchronized with the base station when at least one of symbols, slots, and/or subframes are aligned between the UE and the base station, e.g., within a threshold margin. The UE may be timing unsynchronized with the base station when at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., by more than the threshold margin. ), a border in time domain of the transmitted random access message being shifted relative to a border in time domain of a symbol time interval of the transmission timing grid (para. 0174, fig. 7, At operation 708 [i.e. occurring after MSG3, hence pertains to this transmission], the UE may determine whether the UE is timing synchronized with the base station. For example, the UE may determine whether boundaries of at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., for uplink communication and downlink communication, respectively. The UE may be timing synchronized with the base station when at least one of symbols, slots, and/or subframes are aligned between the UE and the base station, e.g., within a threshold margin. The UE may be timing unsynchronized with the base station when at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., by more than the threshold margin).
As to claim 5, Qualcomm further discloses the method according to claim 1, wherein the random access message is a Message 3, msg3, in a random access procedure (para. 0170, fig. 7, At operation 702, the UE may perform a contention-based RACH procedure with a base station. For example, the UE may generate a RACH preamble based on a set of RACH resources received from a base station. The UE may receive a random access response from the base station based on the RACH preamble. In response to the random access response, the UE may generate a MSG3 (i.e. random access message), and may transmit the MSG3 to the base station).
As to claim 6, Qualcomm further discloses the method according to claim 1, wherein the random access message is scheduled with a scheduling message (para. 0170, fig. 7, At operation 702, the UE may perform a contention-based RACH procedure with a base station. For example, the UE may generate a RACH preamble (i.e. scheduling message) based on a set of RACH resources received from a base station. The UE may receive a random access response from the base station based on the RACH preamble. In response to the random access response, the UE may generate a MSG3 (i.e. random access message), and may transmit the MSG3 to the base station; para. 0111, MSG3 514 may also be known as an RRC connection request message and/or a scheduled transmission message).
As to claim 8, Qualcomm further discloses the method according to claim 1, wherein the transmission timing grid is synchronised on the symbol time interval level (para. 0174, fig. 7, At operation 708 [i.e. occurring after MSG3, hence pertains to this transmission], the UE may determine whether the UE is timing synchronized with the base station. For example, the UE may determine whether boundaries of at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., for uplink communication and downlink communication, respectively. The UE may be timing synchronized with the base station when at least one of symbols, slots, and/or subframes are aligned between the UE and the base station, e.g., within a threshold margin. The UE may be timing unsynchronized with the base station when at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., by more than the threshold margin), but not the symbol number level (i.e. not identified at fig. 7).
As to claim 9, Qualcomm further discloses the method according to claim 1, wherein the beginning of the transmitted random access message is shifted relative to the beginning of a symbol time interval of the transmission timing grid by an additional timing advance (para. 0174, fig. 7, At operation 708 [i.e. occurring after MSG3, hence pertains to this transmission], the UE may determine whether the UE is timing synchronized with the base station. For example, the UE may determine whether boundaries of at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., for uplink communication and downlink communication, respectively. The UE may be timing synchronized with the base station when at least one of symbols, slots, and/or subframes are aligned between the UE and the base station, e.g., within a threshold margin. The UE may be timing unsynchronized with the base station when at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., by more than the threshold margin; para. 0177, The random access response may include a timing advance command, which the UE may apply to become timing synchronized with the base station, i.e. it is not synchronized by this amount).
As to claim 10, Qualcomm further discloses the method according to claim 1, wherein the timing of the transmission timing grid is based on a timing advance indication (para. 0059, A resource grid may be used to represent the frame structure. Each time slot includes a resource block (RB) (also referred to as physical RBs (PRBs)) that extends 12 consecutive subcarriers; para. 0110, base station 502 may generate the MSG2 512 to include the T-CRNTI, the timing advance value (e.g., 12-bit timing advance command), and/or the uplink grant resource. The base station 502 may then transmit the MSG2 512 to the UE 504. When the UE 504 receives and decodes the MSG2 512, the UE 504 may determine an uplink resource grant and a timing advance, i.e. resource pertains to timing).
As to claim 11, Qualcomm further discloses the method according to claim 1, wherein a time substructure (para. 0058, subframe) comprises a first time interval carrying content signalling (para. 0058, SC-FDMA symbols), and one or both of: a second time interval carrying a cyclic prefix or appendix (para. 0058, cyclic prefix); and a third time interval representing a gap (para. 0104, minimum gap) or guard interval extends into at least two symbol time intervals of the transmission timing grid.
As to claim 12, Qualcomm discloses a computer storage medium storing a computer program comprising instructions causing processing circuitry to one or both control and perform a method, the method comprising (para. 0040, Accordingly, in one or more example embodiments, the functions described may be implemented in hardware, software, or any combination thereof. If implemented in software, the functions may be stored on or encoded as one or more instructions or code on a computer-readable medium. Computer-readable media includes computer storage media. Storage media may be any available media that can be accessed by a computer. By way of example, and not limitation, such computer-readable media can comprise a random-access memory (RAM), a read-only memory (ROM), an electrically erasable programmable ROM (EEPROM), optical disk storage, magnetic disk storage, other magnetic storage devices, combinations of the aforementioned types of computer-readable media, or any other medium that can be used to store computer executable code in the form of instructions or data structures that can be accessed by a computer.): transmitting a random access message with a timing shifted relative to a transmission timing grid (para. 0170, fig. 7, At operation 702, the UE may perform a contention-based RACH procedure with a base station. For example, the UE may generate a RACH preamble based on a set of RACH resources received from a base station. The UE may receive a random access response from the base station based on the RACH preamble. In response to the random access response, the UE may generate a MSG3 (i.e. random access message), and may transmit the MSG3 to the base station; para. 0059, resource grid…frame…each time slot), a border in time domain of the transmitted random access message being shifted relative to a border in time domain of a symbol time interval of the transmission timing grid (para. 0174, fig. 7, At operation 708 [i.e. occurring after MSG3, hence pertains to this transmission], the UE may determine whether the UE is timing synchronized with the base station. For example, the UE may determine whether boundaries of at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., for uplink communication and downlink communication, respectively. The UE may be timing synchronized with the base station when at least one of symbols, slots, and/or subframes are aligned between the UE and the base station, e.g., within a threshold margin. The UE may be timing unsynchronized with the base station when at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., by more than the threshold margin).
As to claim 14, Qualcomm further discloses the wireless device according to claim 2, wherein the random access message is a Message 3, msg3, in a random access procedure (para. 0170, fig. 7, At operation 702, the UE may perform a contention-based RACH procedure with a base station. For example, the UE may generate a RACH preamble based on a set of RACH resources received from a base station. The UE may receive a random access response from the base station based on the RACH preamble. In response to the random access response, the UE may generate a MSG3 (i.e. random access message), and may transmit the MSG3 to the base station).
As to claim 15, Qualcomm further discloses the method according to claim 3, wherein the random access message is a Message 3, msg3, in a random access procedure (para. 0170, fig. 7, At operation 702, the UE may perform a contention-based RACH procedure with a base station. For example, the UE may generate a RACH preamble based on a set of RACH resources received from a base station. The UE may receive a random access response from the base station based on the RACH preamble. In response to the random access response, the UE may generate a MSG3 (i.e. random access message), and may transmit the MSG3 to the base station).
As to claim 16, Qualcomm further discloses the method according to claim 3, wherein the random access message is scheduled with a scheduling message para. 0170, fig. 7, At operation 702, the UE may perform a contention-based RACH procedure with a base station. For example, the UE may generate a RACH preamble (i.e. scheduling message) based on a set of RACH resources received from a base station. The UE may receive a random access response from the base station based on the RACH preamble. In response to the random access response, the UE may generate a MSG3 (i.e. random access message), and may transmit the MSG3 to the base station; para. 0111, MSG3 514 may also be known as an RRC connection request message and/or a scheduled transmission message).
As to claim 18, Qualcomm further discloses the method according to claim 3, wherein the transmission timing grid is synchronised on the symbol time interval level (para. 0174, fig. 7, At operation 708 [i.e. occurring after MSG3, hence pertains to this transmission], the UE may determine whether the UE is timing synchronized with the base station. For example, the UE may determine whether boundaries of at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., for uplink communication and downlink communication, respectively. The UE may be timing synchronized with the base station when at least one of symbols, slots, and/or subframes are aligned between the UE and the base station, e.g., within a threshold margin. The UE may be timing unsynchronized with the base station when at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., by more than the threshold margin), but not the symbol number level (i.e. not identified at fig. 7).
As to claim 19, Qualcomm further discloses the method according to claim 3, wherein the beginning of the transmitted random access message is shifted relative to the beginning of a symbol time interval of the transmission timing grid by an additional timing advance (para. 0174, fig. 7, At operation 708 [i.e. occurring after MSG3, hence pertains to this transmission], the UE may determine whether the UE is timing synchronized with the base station. For example, the UE may determine whether boundaries of at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., for uplink communication and downlink communication, respectively. The UE may be timing synchronized with the base station when at least one of symbols, slots, and/or subframes are aligned between the UE and the base station, e.g., within a threshold margin. The UE may be timing unsynchronized with the base station when at least one of symbols, slots, and/or subframes are unaligned between the UE and the base station, e.g., by more than the threshold margin; para. 0177, The random access response may include a timing advance command, which the UE may apply to become timing synchronized with the base station, i.e. it is not synchronized by this amount).
As to claim 20, Qualcomm further discloses the method according to claim 3, wherein the timing of the transmission timing grid is based on a timing advance indication (para. 0059, A resource grid may be used to represent the frame structure. Each time slot includes a resource block (RB) (also referred to as physical RBs (PRBs)) that extends 12 consecutive subcarriers; para. 0110, base station 502 may generate the MSG2 512 to include the T-CRNTI, the timing advance value (e.g., 12-bit timing advance command), and/or the uplink grant resource. The base station 502 may then transmit the MSG2 512 to the UE 504. When the UE 504 receives and decodes the MSG2 512, the UE 504 may determine an uplink resource grant and a timing advance, i.e. resource pertains to timing).
As to claim 21, Qualcomm further discloses the method according to claim 3, wherein a time substructure (para. 0058, subframe) comprises a first time interval carrying content signalling (para. 0058, SC-FDMA symbols), and one or both of: a second time interval carrying a cyclic prefix or appendix (para. 0058, cyclic prefix); and a third time interval representing a gap (para. 0104, minimum gap) or guard interval extends into at least two symbol time intervals of the transmission timing grid.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 2019/0254064 A1 to QUALCOMM Incorporated (“Qualcomm”) [provided by Applicant] in view of U.S. Publication No. 2020/0245364 A1 to LG Electronics Inc. (“LG”).
As to claim 7, Qualcomm further discloses the method according to claim 1, wherein the random access message comprises one or more time substructures, each time substructure comprising a first time interval carrying content signalling (para. 0111, the UE 504 may generate the MSG3 514 to include at least the TMSI or other random value, as well as the connection establishment clause. The UE 504 may include information on a PUSCH in the MSG3 514, i.e. each of these contents being content signaling and make up a first time interval when read).
Qualcomm does not expressly disclose and one or both of: a second time interval carrying a cyclic prefix or appendix; and a third time interval representing a gap or guard interval.
LG discloses at para. 0425: Accordingly, when there is a GP between PRACH occasions and Msg3 is transmitted in TDM in the next PRACH occasion, the UE may continue transmitting the PRACH preamble during the GP, while satisfying phase continuity, extend the CP of Msg3 to be transmitted in the next PRACH occasion and transmit the extended CP during the GP, or start to transmit Msg3 from the ending time of the PRACH preamble by shifting the starting time of Msg, i.e. extended CP being second time interval, GP being third time interval.
Prior to the effective filing date of invention, it would have been obvious to a
person of ordinary skill in the art to incorporate the Msg3 as taught by LG into the invention of Qualcomm. The suggestion/motivation would have been for transmitting and receiving uplink data between a UE and BS (LG, para. 0007). Including the Msg3 as taught by LG into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of LG.
As to claim 17, Qualcomm further discloses the method according to claim 3, wherein the random access message comprises one or more time substructures, each time substructure comprising a first time interval carrying content signalling (para. 0111, the UE 504 may generate the MSG3 514 to include at least the TMSI or other random value, as well as the connection establishment clause. The UE 504 may include information on a PUSCH in the MSG3 514, i.e. each of these contents being content signaling and make up a first time interval when read)
Qualcomm does not expressly disclose and one or both of: a second time interval carrying a cyclic prefix or appendix; and a third time interval representing a gap or guard interval.
LG discloses at para. 0425: Accordingly, when there is a GP between PRACH occasions and Msg3 is transmitted in TDM in the next PRACH occasion, the UE may continue transmitting the PRACH preamble during the GP, while satisfying phase continuity, extend the CP of Msg3 to be transmitted in the next PRACH occasion and transmit the extended CP during the GP, or start to transmit Msg3 from the ending time of the PRACH preamble by shifting the starting time of Msg, i.e. extended CP being second time interval, GP being third time interval.
Prior to the effective filing date of invention, it would have been obvious to a
person of ordinary skill in the art to incorporate the Msg3 as taught by LG into the invention of Qualcomm. The suggestion/motivation would have been for transmitting and receiving uplink data between a UE and BS (LG, para. 0007). Including the Msg3 as taught by LG into the invention of Qualcomm was within the ordinary ability of one of ordinary skill in the art based on the teachings of LG.
Conclusion
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/OMAR J GHOWRWAL/ Primary Examiner, Art Unit 2463