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 This action is in response to the application filed on 03/21/2024. Claims 1-34 have been cancelled. Claims 35-54 have been examined.
CLAIM INTERPRETATION35 USC § 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph
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.
In regards to claim 45, the claim limitation means for “receiving”, “checking” and “determining" …; to claim 48 the claim limitation means for “ignoring”.., to claim 49 the claim limitation means for “applying”…; to claims 50-51 the claim limitation means for “determining” …; and to claim 54 the claim limitation means for “comparing” and “determining” have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use “means” coupled with functional language “receiving”, “checking” , “determining" “ignoring”, “applying” , and “comparing” without reciting sufficient structure to achieve the function.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 45, 48-51 and 54 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure of means for “receiving” and “determining” described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: Applicant's own specification PGPUB para [0059] [FIG. 4] discloses correspond structures such as processor 410 to achieve the function for “receiving” and “determining”.
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 45, 48-49 and 54 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 pre-AIA the applicant regards as the invention.
Claim limitations “means for checking… …”in claim 45, “means for ignoring……” in claim 48, “means for applying ……” in claim 49 and “means for comparing…..” in claim 54 invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
It is not clear to the Examiner how and which means are performing “checking”, “ignoring”, “applying” and “comparing” because the disclosure is devoid of any structure that performs the function in the claim.
Therefore, the claims are indefinite and are rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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)(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 35-37, 39-41, 45-47 and 49-51 are rejected under 35 U.S.C. 102(a) (2) as being anticipated by Ye et al. (US 2023/0284165).
As of claim 35, Ye discloses an apparatus comprising at least one processing core, at least one memory including computer program code, the at least one memory ([FIG. 3] [0077] [0079] shows and disclose the UE 106 includes processor(s) 302 and memory 306) and the computer program code being configured to, with the at least one processing core, cause the apparatus at least to: receive a timing advance command from a non-terrestrial network node (para [0094] [0095][0097] disclose the UE receives a TA command an non-terrestrial network (NTN) communicate the value of NTA to a UE via a TA command);
check whether the apparatus has received information associated with a timing advance value within a time interval (para [0005] [0007] [0125] discloses the UE device determine whether an updated scheduling offset value has been received, responsive to the current timing advance value, within a predetermined duration, In response to determining that the updated scheduling offset value has not been received within the predetermined duration, UE device again transmit information regarding a current timing advance value calculated by the UE device ); and
determine, based on said checking, whether to apply the timing advance command to calculate a timing advance value for communicating with the non-terrestrial network node (para [0091] discloses an NTN, the increased distances between the satellite and other network elements lead to the use of additional variables within the formula used to calculate T.sub.TA (=timing advance value on NTN) defined as follows:
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Here para [0090] discloses N.sub.TA represent a feedback adjustment value provided by the network to the UE. para [0095] When the UE receives a TA command (=timing advance command) within the MAC CE, the UE update its stored value of N.sub.TA (=a feedback adjustment value) as follows:
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Para [0096] disclose here T.sub.A is the value carried by the TA command. The value N.sub.TA,old represents the previously stored value of N.sub.TA; e.g., the value stored upon receipt of the previous TA command.
Para [0097] discloses the UE receives a TA command within a RAR, the UE store or updated a value of N.sub.TA as follows:
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[0098] discloses the RAR is used to communicate the value of N.sub.TA for initial connection, here T.sub.A is the value carried by the TA command (=timing advance command). Para [0115] discloses the UE then estimate a value of N.sub.TA,UE-specific, communicate that information to the network which corresponds to apply the timing advance command to calculate a timing advance value for communicating with the non-terrestrial network node).
As of claim 45, Ye discloses an apparatus, comprising: means for receiving a timing advance command from a non-terrestrial network node (para [0094] [0095][0097] disclose the UE receives a TA command an non-terrestrial network (NTN) communicate the value of NTA to a UE via a TA command);
means for checking whether the apparatus has received information associated with a timing advance value within a time interval (para [0005] [0125] discloses the UE device determine whether an updated scheduling offset value has been received, responsive to the current timing advance value, within a predetermined duration); and
means for determining, based on said checking, whether to apply the timing advance command to calculate a timing advance value for communicating with the non-terrestrial network node (para [0091] discloses an NTN, the increased distances between the satellite and other network elements lead to the use of additional variables within the formula used to calculate T.sub.TA (=timing advance value on NTN) defined as follows:
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46
903
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Here para [0090] discloses N.sub.TA represent a feedback adjustment value provided by the network to the UE. para [0095] When the UE receives a TA command (=timing advance command) within the MAC CE, the UE update its stored value of N.sub.TA (=a feedback adjustment value) as follows:
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Para [0096] disclose here T.sub.A is the value carried by the TA command. The value N.sub.TA,old represents the previously stored value of N.sub.TA; e.g., the value stored upon receipt of the previous TA command.
Para [0097] discloses the UE receives a TA command within a RAR, the UE store or updated a value of N.sub.TA as follows:
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[0098] discloses the RAR is used to communicate the value of N.sub.TA for initial connection, here T.sub.A is the value carried by the TA command (=timing advance command). Para [0115] discloses the UE then estimate a value of N.sub.TA,UE-specific, communicate that information to the network which corresponds to apply the timing advance command to calculate a timing advance value for communicating with the non-terrestrial network node).
As of claim 36 and 46, rejection of claims 35 and 45 cited above incorporated herein, in addition Ye discloses information associated with the timing advance value comprises information associated with a location of the apparatus, updated ephemeris data and/or common timing advance information (para [0115] discloses the UE receive information regarding the current location and/or velocity of the UE)
As of claim 37 and 47 rejection of claims 36 and 46 cited above incorporated herein, in addition Ye discloses said information associated with the location of the apparatus comprises global navigation satellite system information of the location of the apparatus (para [0115] discloses the UE receive information regarding the current location e.g., GNSS information (=global navigation satellite system information)).
As of claim 39 and 49 rejection of claims 35 and 45 cited above incorporated herein, in addition Ye discloses the at least one memory and the computer program code are further configured to, with the at least one processing core, cause the apparatus at least to: apply the timing advance command when it is determined that the apparatus has not received said information within said time interval (para [0007] discloses transmitting information regarding the current timing advance value calculated by the UE include calculating a new current timing advance value in response to the determining that the updated scheduling offset value has not been received within the predetermined duration; and transmitting information regarding the new current timing advance value, para [0095][0096] discloses UE receives TA command and equation 3 shows applying the TA command ).
As of claim 40 and 50 rejection of claims 35 and 45 cited above incorporated herein, in addition Ye discloses the at least one memory and the computer program code are further configured to, with the at least one processing core, cause the apparatus at least to: determine whether to perform said checking or to apply the timing advance command to calculate the timing advance value without said checking (para [0095][0096] discloses UE receives TA command and equation 3 shows applying the TA command to calculate without checking ).
As of claim 41 and 51 rejection of claims 35 and 45 cited above incorporated herein, in addition Ye discloses the at least one memory and the computer program code are further configured to, with the at least one processing core, cause the apparatus at least to: determine whether to perform said checking or to apply the timing advance command to calculate the timing advance value without said checking by checking a type of the timing advance command and/or a configuration of the apparatus (para [0005] [0007] [0125] discloses the UE device determine whether an updated scheduling offset value has been received, responsive to the current timing advance value, within a predetermined duration which corresponds to determine whether to perform said checking
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 of this title, 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.
Claims 38,43, 48 and 53 are rejected under AIA 35 U.S.C 103 as being unpatentable over Ye et al. (US 2023/0284165) in view of Ma et al. (US 2024/0267865).
As of claims 38 and 48, rejection of claims 35 and 45 cited above incorporated herein, in addition Ye does not explicitly discloses but MA teaches the at least one memory and the computer program code are further configured to, with the at least one processing core, cause the apparatus at least to: ignore the timing advance command when it is determined that the apparatus has received said information within said time interval before receiving the timing advance command or after receiving the timing advance command (MA, para [0106] disclose a UE ignore a TA command, para [0162] the adjusted self-estimated delay is based on a last GNSS location before a first TA command is received).
Therefore it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of determined received the information within the time interval as taught by Ye with ignoring the timing advance command as taught by MA in order to apply a more accurate timing advance and to avoid double correction as taught by MA para in para [0105]).
As of claims 43 and 53, rejection of claims 41 and 51 cited above incorporated herein, in addition Ye does not explicitly discloses but MA discloses wherein the configuration of the apparatus is received via radio resource control signalling or in a logical channel identity of a medium access control header (MA, para [0033] discloses the UE be configured to access a radio cell supported by an NTN device, and para [0100] discloses the UE has established an RRC connection with a base station. para [0108] the UE be in an RRC mode and receive system information and determine its location from a GNSS fix which corresponds to the configuration of the apparatus is received via radio resource control signaling).
Therefore it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Ye with the teaching of MA in order to apply a more accurate timing advance and to avoid double correction as taught by MA para in para [0105]).
Claims 42 and 52 are rejected under AIA 35 U.S.C 103 as being unpatentable over Ye et al. (US 2023/0284165) in view of Takeda et al. (US 20210392601).
As of claims 42 and 52, rejection of claims 41 and 51 cited above incorporated herein, in addition Ye does not explicitly discloses but Takeda discloses the type of the timing advance command is a legacy type or a conditional type (Takeda, para [0049] [0064] discloses a legacy TA command, one bit is added to the legacy TA command).
Therefore it would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teaching of Ye with the teaching of Takeda in order to improve synchronization accuracy as taught by Takeda in para [0051].
Allowable Subject Matter
Claims 44 and 54 are objected to as being dependent upon a rejected base claim, but would be allowable if the Applicant 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:
As of claims 44 and 54, the prior arts of record do not teach or reasonably suggest the limitation “compare a type of the timing advance command to a type of a previously received timing advance command and determine, based on the comparison, whether to switch to a different operation mode and/or to transmit the timing advance value and/or an apparatus specific timing advance to the non-terrestrial network node” with the claimed invention as a whole.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAHMIDA S CHOWDHURY whose telephone number is (571)272-2547. The examiner can normally be reached M-F 8am to 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sujoy K Kundu can be reached at 571-272-8586. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAHMIDA S CHOWDHURY/Primary Examiner, Art Unit 2471