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 .
This Office Action is in response to preliminary amendment filing on 03/14/2024.
Claim 1-30 are currently pending and have been considered below.
Drawings
The drawings were received on 03/14/2024. These drawings are reviewed and accepted by the Examiner.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/14/2024 and 09/11/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 30 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 30 recites "a computer-readable medium storing computer executable code ...." Applicant's specification states " Computer-readable media includes computer storage media. … 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, … " See [0036]; and “The computer-readable medium/memory may be non-transitory. … ” See [0120]. This does not limit the storage medium to only non-transitory embodiments, nor does it exclude transitory signals from consideration. Therefore claim 30 is rejected under 35 U.S.C. 101 as the claimed "storage medium" encompasses both non-transitory and transitory embodiments under the broadest reasonable interpretation. Appropriate correction is requested
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The "means for" limitations in claim 29 are followed by functional language without reciting structure "sufficient to perform the claimed function in its entirety."
Thus, these limitations invoke 35 U.S.C. § 112, sixth paragraph. Based on this understanding of the claim language, the Examiner looks to the Specification to determine the structure corresponding to each of the claimed "means for" limitations. Applicants' Specification discloses in Fig. 19 and 20 showing a flowchart illustrating a method 1900, disclosing the algorithm (method steps) to perform the functions of selecting, determining and selecting of the algorithm in the flowchart of FIG. 19. As such, each block in the flowchart of FIG. 19 may be performed by a component and the apparatus which are performed by the user equipment 2002 or its components as described via the operations of method 1900, and by the structure cellular baseband processor 2004 and transceiver cellular RF transceiver 2022 of the apparatus 2002 (e.g., UE) shown in Fig. 20 and Figure 3, processor 368, which may perform or direct operations of the processes of Figs. 18-19 and the processing steps as described in paragraphs [0115] through [0119] and [0120]- [0136] in conjunction with processor 368, 356 and transceiver 354 of UE 350 in Fig. 3 and processing steps 1800 and 1900 (Figs. 18 and 19).
As such, Examiner interprets the claimed "means for" selecting, determining, selecting and determining to call for a processor/controller programmed to perform the algorithm set forth in Figures 18-19 and equivalents thereof.
Thus, as the disclosure provide adequate structure performing the function(s), therefore, the claim 29 does not raise concerns under §112(b) nor raise concerns under §112(a). This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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.
Claims 1-8, 11, 13, 20-26, 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over 3GPP Draft, R1-2108299, Moderator (NOKIA et al) in view of Gao (US 2024/0365252).
Regarding claim 1, R1-2108299, Moderator (NOKIA et al) discloses an apparatus (“the UE” see page 24, section 3.1) for wireless communication at a user equipment (UE), comprising: a memory; and at least one processor coupled to the memory (UE, page 24) and configured to:
select a first physical uplink shared channel (PUSCH) to carry a first medium access control (MAC) control element (CE) (MAC-CE) having a first power headroom report (PHR) (Proposal 3.3-2 : “For option 4, support the following: When PHR MAC-CE is reported in slot n, for a CC that is configured with mTRP PUSCH repetition, PHR value(s) are determined as, The first PHR value is reported same as Rel. 15/16,” see page 24. The POSITA would understand this as a disclosure that a selection of a PUSCH to carry a MAC-CE with a PHR occurs);
determine a first value of the first PHR based on a [third] PUSCH (The PHR value is determined based on a specific PUSCH repetition, Proposal 3.3.2 “If the first PHR value is actual PHR (based on Rel. 15/16) corresponding to a repetition among mTRP PUSCH repetitions associated with a given TRP, the second PHR value, select Alt. 1A or Alt. 2A,” see page 24);
select a second PUSCH to carry a second MAC-CE having a second PHR based on [the third PUSCH or] the first PUSCH (“If the first PHR value is actual PHR (based on Rel. 15/16) corresponding to a repetition among mTRP PUSCH repetitions associated with a given TRP, the second PHR value, select Alt. 1A or Alt. 2A,” see page 24; also, page 30, issue 3.3, reporting of two PHRs and their association with different TRPs and PUSCH repetitions); and determine a second value of the second PHR based on [a fourth] PUSCH (the second PHR value is determined based on another PUSCH repetition, see page 24, Alt 1A “When there are more than one repetitions associated with the other TRP, the second PHR is calculated considering on the following repetition, If there are repetition(s) towards the other TRP which transmit after the repetition used to calculate first PHR, the UE select the latest repetition among them. Otherwise, the UE select the earliest repetition which transmitted before the repetition used to calculate first PHR.”).
R1-2108299, Moderator (NOKIA et al) does not expressly disclose determining the PHR values based on third and fourth PUSCH for PHR reporting.
However, Gao discloses FIG. 5 illustrates a schematic diagram of a process for reporting a PHR MAC-CE under carrier aggregation. In the multi-TRP-based PUSCH transmission process, for the single-TRP transmission, the PH calculation is performed on carrier 1 and the PHR is reported. … calculation is performed on the transmission occasion corresponding to #slot n to obtain the PH, and for the TRP2 direction (beam 2), it is not sure whether to use the transmission occasion corresponding to slot n−1 or use the transmission occasion corresponding to slot n+2 to calculate the PH. … ,Gao, [0055] and Figure 5; and [0107] FIG. 10 is a flowchart illustrating a method for reporting a PHR according to some embodiments. The method for reporting the PHR may be performed alone or in combination with other embodiments of the disclosure. As illustrated in FIG. 10, the method for reporting the PHR is applied in the terminal and includes the following steps. … Gao, [0107]-[0112].
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective date of the claimed invention to combine the teachings of R1-2108299, Moderator (NOKIA et al) with Gao in order to support calculations of the power headroom report values based on multiple PUSCHs for PHR reporting in order to satisfy the timeline requirements of the PHR calculation, to enhance the process of the PHR measurement and reporting (Gao, [0056]).
Accordingly, it would have been obvious to a person of ordinary skill in the art before the effective date of the claimed invention to combine the teachings of R1-2108299 with Gao in order to arrive at the invention specified in claim 1.
Regarding claim 2, in the obvious combination, R1-2108299 in view of Gao discloses the apparatus of claim 1, further comprising a transceiver coupled to the at least one processor (Gao, Figure 14, processing 302, communication component 316).
Regarding claim 3, in the obvious combination, R1-2108299 discloses the apparatus of claim 1, wherein the first PUSCH is on a first component carrier (CC) (with the first slot in which the PUSCH carrying PHR in CC1, see page 31, Issue #3.3: PHR reporting).
Regarding claim 4, in the obvious combination, R1-2108299 discloses the apparatus of claim 1, wherein the first PHR is carried on the first MAC-CE on a first available PUSCH (For a PUCCH resource with two spatial relation info’s, it is supported that MAC-CE on single PUCCH, see page 20, Mediatek table).
Regarding claim 5, in the obvious combination, R1-2108299 discloses the apparatus of claim 4, wherein the first available PUSCH corresponds to an initial transmission of a first transport block (TB) that accommodates the first MAC-CE (support that the initial transmission can start also from the first transmission occasion, … i.e., initial transmission of a transport block may start towards any TRP, see page 52, Proposal 3.8: For RV mapping of type 1 or type 2).
Regarding claim 6, in the obvious combination, R1-2108299 discloses the apparatus of claim 1, wherein the first value of the first PHR comprises at least one of a first actual value or a first virtual value (If the first PHR value is actual PHR (based on Rel. 15/16) corresponding to a repetition among mTRP PUSCH repetitions associated with a given TRP, see page 24, Proposal 3.3-2 : For option 4).
Regarding claim 7, in the obvious combination, R1-2108299 discloses the apparatus of claim 6, wherein the first value of the first PHR comprises the first actual value if the first PHR corresponds to an actual PUSCH transmission occasion (Actual PHR is calculated based on the first PUSCH occasion towards the PUSCH-receiving TRP, page 31, Original Proposal 3.3-2: For option 4).
Regarding claim 8, in the obvious combination, R1-2108299 discloses the apparatus of claim 6, wherein the first value of the first PHR comprises the first virtual value if the first PHR corresponds to a reference PUSCH transmission (PHR calculation is done at slot n and that can be the reference occasion for the PHR calculation even though the actual PHR cannot represent all the actual transmission power (slot n-1 or slot n+2), page 38, Issue #3.3: PHR reporting, SAMSUNG table).
Regarding claim 11, in the obvious combination, R1-2108299 discloses the apparatus of claim 1, wherein the first PUSCH and the second PUSCH are on a same component carrier (CC) (CC1 overlap with at least one m-TRP PUSCH repetitions of other CC (CC2), page 31, Issue #3.3: PHR reporting).
Regarding claim 13, in the obvious combination, R1-2108299 discloses the apparatus of claim 11, wherein the second PHR is carried on the second MAC-CE on a first available PUSCH corresponding to an initial transmission of a second TB that accommodates the second MAC-CE (Support MAC-CE activating two sets of power control parameters (for FR1) for a group of PUCCH resources in a CC, page 15, Proposal 2.4-1: For the grouping of PUCCH resources).
Claim 20 contains subject matter similar to claim 1, and thus, is rejected under similar rationale.
Claim 21 contains subject matter similar to claim 3, and thus, is rejected under similar rationale.
Claim 22 contains subject matter similar to claim 4, and thus, is rejected under similar rationale.
Claim 23 contains subject matter similar to claim 5, and thus, is rejected under similar rationale.
Claim 24 contains subject matter similar to claim 6, and thus, is rejected under similar rationale.
Claim 25 contains subject matter similar to claim 7, and thus, is rejected under similar rationale.
Claim 26 contains subject matter similar to claim 8, and thus, is rejected under similar rationale.
Claim 29 contains subject matter similar to claim 1, and thus, is rejected under similar rationale.
Claim 30 contains subject matter similar to claim 1, and thus, is rejected under similar rationale.
Allowable Subject Matter
Claims 9, 10, 14-19, 27, 28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claims 9, 10, 14-19, 27 and 28 would be allowable because the closest prior art NOKIA (R1-2108299) in view of Gao (US 2024/0365252) disclose PHR carried on the MAC-CEs and on available PUSCHs, but the closest prior art either alone or in combination, fail to anticipate or render obvious the apparatus or method further comprising: wherein the second PUSCH is selected on a second component carrier (CC) if the first value of the first PHR comprises a first actual value and the third PUSCH corresponds to an actual PUSCH transmission occasion associated with a given sounding reference signal (SRS) resource set among multiple PUSCH repetitions of multiple transport blocks (TBs) associated with a plurality of SRS resource sets (Claims 9 and 27); wherein the second PUSCH is selected to carry the second PHR if the first PUSCH corresponds to a PUSCH transmission occasion associated with a sounding reference signal (SRS) resource set among multiple PUSCH repetitions of multiple transport blocks (TBs) associated with a plurality of SRS resource sets (Claim 12); wherein the second value of the second PHR comprises a second actual value if the first value of the first PHR comprises a first actual value corresponding to a PUSCH transmission occasion associated with a first sounding reference signal (SRS) resource set among multiple PUSCH repetitions of multiple transport blocks (TBs) associated with a plurality of SRS resource sets, wherein an earliest PUSCH transmission occasion from PUSCH transmission occasions associated with a second SRS resource set that occurs after the PUSCH transmission occasion used to calculate the first value of the first PHR is selected as the fourth PUSCH, or wherein a latest PUSCH transmission occasion that is transmitted before the PUSCH transmission occasion used to calculate the first value of the first PHR is selected as the fourth PUSCH (Claim 14); wherein the second value of the second PHR comprises a second actual value if the first value of the first PHR comprises a first actual value corresponding to a PUSCH transmission occasion associated with a first sounding reference signal (SRS) resource set among multiple PUSCH repetitions of multiple transport blocks (TBs) associated with a plurality of SRS resource sets, wherein an earliest PUSCH transmission occasion associated with a second SRS resource set in a first slot that overlaps with one or more slots of the second MAC-CE for the second PHR is selected as the fourth PUSCH (Claim 15); wherein the second value of the second PHR comprises a second actual value if the first value of the first PHR comprises a first actual value and does not correspond to a PUSCH transmission occasion associated with a first sounding reference signal (SRS) resource set among multiple PUSCH repetitions of multiple transport blocks (TBs) associated with a plurality of SRS resource sets, and if at least one transmission occasion associated with a SRS resource set among the multiple PUSCH repetitions of the multiple TBs associated with the plurality of SRS resource sets is transmitted in a first slot that is overlapped with one or more slots of the second MAC-CE for the second PHR, wherein the second value of the second PHR is based on a first PUSCH transmission occasion in a first slot that is overlapped with the one or more slots of the second MAC-CE for the second PHR, or wherein the second value of the second PHR is based on the PUSCH transmission occasion that is associated with an SRS resource set that is different from the SRS resource set of the PUSCH transmission occasion for the first PHR and is closest to the second PUSCH (Claim 16); wherein the second value of the second PHR comprises a second actual value if the first value of the first PHR comprises a first actual value and does not correspond to a PUSCH transmission occasion associated with a first sounding reference signal (SRS) resource set among multiple PUSCH repetitions of multiple transport blocks (TBs) associated with a plurality of SRS resource sets, and if at least one transmission occasion associated with a second SRS resource set among the multiple PUSCH repetitions of the multiple TBs associated with the plurality of SRS resource sets is transmitted in a first slot that is overlapped with one or more slots of the second MAC-CE for the second PHR and the second SRS resource set that is different from the first SRS resource set of the PUSCH transmission occasion for the first PHR, wherein the second value of the second PHR is based on an earliest PUSCH transmission occasion associated with the second SRS resource set in a first slot that overlaps with the one or more slots of the second MAC-CE for the second PHR (Claim 17); wherein the second value of the second PHR comprises a second actual value if the first value of the first PHR comprises a first virtual value, and if at least one transmission occasion associated with a sounding reference signal (SRS) resource set among multiple PUSCH repetitions of multiple transport blocks (TBs) associated with a plurality of SRS resource sets is transmitted in a first slot that is overlapped with one or more slots of the second MAC-CE for the second PHR, wherein the second value of the second PHR is based on a first PUSCH transmission occasion that is associated with a second SRS resource set in a first slot that is overlapped with the one or more slots of the second MAC-CE for the second PHR, or wherein the second value of the second PHR is based on a PUSCH transmission occasion that is associated with a second sounding reference signal (SRS) resource set and closest to the second PUSCH (Claim 18); and wherein the second value of the second PHR comprises a first actual value if the first value of the first PHR comprises a first virtual value, and if at least one transmission occasion associated with a second sounding reference signal (SRS) resource set among multiple repetitions of multiple transport blocks (TBs) associated with a plurality of SRS resource sets is transmitted in a first slot that is overlapped with one or more slots of the second MAC-CE for the second PHR and the second SRS resource set that is different from a first SRS resource set of a PUSCH transmission occasion for the first PHR, or wherein an earliest PUSCH transmission occasion from a plurality of PUSCH transmission occasions associated with the second SRS resource set is selected for the fourth PUSCH (Claim 19), as defined in the specification, in combination with all other limitations in the claim(s) as defined by applicant.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240031948 to Zhang et al: Including apparatus, systems, and methods for providing a power headroom report with respect to repetitions of uplink data transmissions with different beams in wireless communication systems.
US 20220039028 to Wernersson et al: The method includes obtaining at least a first sounding reference signal, SRS, resource set configuration for a first SRS resource set, the first SRS resource set configuration corresponding to a first SRS transmission power value; obtaining at least a second SRS resource set configuration for a second SRS resource set, the second SRS resource set configuration corresponding to a second SRS transmission power value.
US 20210211986 to MolavianJazi et al: Apparatus includes a processor that determines that a PHR has been triggered, where the PHR for the serving cell is determined to be a virtual PHR. The processor determines a default power control parameter set for the serving cell and calculates a PHR for the serving cell.
US 9419768 to Kim et al: A user equipment is enabled to transmit the power headroom report. According to the present invention, a user equipment calculates a power headroom for each of at least one activated serving cell using a maximum transmission power of the user equipment for each of at least one activated serving cell and transmits the power headroom report including the power headroom for each of the at least one activated serving cell and the maximum transmission power of the user equipment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIO R PEREZ whose telephone number is (571)272-7846. The examiner can normally be reached 10Am - 6PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kathy Wang-Hurst can be reached at 5712705371. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIO R PEREZ/Primary Examiner, Art Unit 2644