DETAILED ACTION
Claims 7-13 are pending. Claims 1-6 were cancelled via preliminary amendment.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/25/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 3/25/2024. These drawings are accepted.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
MPEP § 2111.04(II) states in relevant part:
The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met. For example, assume a method claim requires step A if a first condition happens and step B if a second condition happens. If the claimed invention may be practiced without either the first or second condition happening, then neither step A or B is required by the broadest reasonable interpretation of the claim. If the claimed invention requires the first condition to occur, then the broadest reasonable interpretation of the claim requires step A. If the claimed invention requires both the first and second conditions to occur, then the broadest reasonable interpretation of the claim requires both steps A and B.
…
See Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016) for an analysis of contingent claim limitations in the context of both method claims and system claims. In Schulhauser, both method claims and system claims recited the same contingent step. When analyzing the claimed method as a whole, the PTAB determined that giving the claim its broadest reasonable interpretation, "[i]f the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed" (quotation omitted). Schulhauser at 10.
…
Therefore "[t]he Examiner did not need to present evidence of the obviousness of the [ ] method steps of claim 1 that are not required to be performed under a broadest reasonable interpretation of the claim (e.g., instances in which the electrocardiac signal data is not within the threshold electrocardiac criteria such that the condition precedent for the determining step and the remaining steps of claim 1 has not been met);" however to render the claimed system obvious, the prior art must teach the structure that performs the function of the contingent step along with the other recited claim limitations. Schulhauser at 9, 14.
Independent claim 11 recites a method. The claim recites two limitations (see limitations 3 and 4) that include the term “when.” The examiner notes that limitations rely on the term “when,” which Merriam-Webster (see citation on PTO-892) defines as a conjunctive “if.” In accordance with MPEP § 2111.04(II), conditional limitations within method claims will be treated as not being required to be performed under the BRI.
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.
Claims 7-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vivo (R1-2106575, NPL V on pg. 1 of PTO-892).
As per claim 7, Vivo teaches a terminal [Vivo, see pg. 2, fig. 1, See UE and TRPs (or base stations).] comprising:
a processor [Vivo, pg. 2, section 2.1, fig. 1, The high speed train single frequency network (HST-SFN) deployment shows a UE traveling along a track. A UE within 3GPP reasonably includes a processor and a transceiver.] that determines a transmission configuration indication (TCI) state to apply to a physical downlink shared channel (PDSCH) [Vivo, pg. 8, section 2.3.4, “Variant A: One of the TCI states can be associated with {average delay, delay spread} and another TCI state can be associated with {average delay, delay spread, Doppler shift, Doppler spread} (i.e., QCL-TypeA)“, The UE receives a tracking reference signal (TRS, see fig. 5, step 1, and pg. 5, ¶ 1), which includes a TCI state (see also pg. 1, second agreement). TCI states contain QCL parameters, which are used for the SFN reception. The section defining Variant A pertains to using the QCL parameters within the TCI state for PDSCH (see also, fig. 5, step 3).], based on at least one of [Examiner note: Based on the examiner’s review of the specification, the following is a list of alternatives, rather than a group of at minimum one of each element. If the applicant disagrees with this conclusion, they are invited to clarify the record. See MPEP § 2117.]: whether a specific single frequency network (SFN) scheme is applied to the PDSCH [Vivo, pg. 8, section 2.3.4, “→Potential QCL reference for PDSCH/PDCCH DMRS,” “In the previous e-meetings, several QCL assumptions were proposed for the frequency offset pre-compensation scheme”, The TCI state includes a SFN scheme that is used, particularly relating to frequency offset pre-compensation (i.e., through the use of TRS signals (see fig. 5). Section 2.4.1, specifically ¶ 2 (see pg. 9), further defines indicating a SFN scheme for PDSCH.]; a frequency range; a magnitude relation between an offset from reception of downlink control information (DCI) for scheduling the PDSCH to reception of the PDSCH and a threshold value; and the DCI; and
a receiver that receives [Vivo, pg. 2, section 2.1, fig. 1, The high speed train single frequency network (HST-SFN) deployment shows a UE traveling along a track. A UE within 3GPP reasonably includes a processor and a transceiver.] the PDSCH by using the TCI state [Vivo, pg. 5, fig. 5, Step 3, The UE received a PDSCH using the TCI state.],
wherein when the frequency range is a frequency range higher than a specific frequency value and the specific SFN scheme is applied to the PDSCH, the TCI state is associated with a specific control resource set [Examiner Note: as previously indicated, the frequency range is one of a list of alternatives. This alternative is not selected for the BRI of the claim. Therefore, while the limitation has been considered, the further limitation of the frequency range is not required for the BRI of the claim.], and
wherein when the TCI state includes two TCI states, the processor ignores a specific quasi co-location parameter of a specific TCI state of the two TCI states [Vivo, pg. 8, section 2.3.4, “→ The dropping rule for QCL assumption”, “In the last meeting, the agreement that using the existing QCL type(s) with certain QCL parameters dropped from the indicted QCL type has been achieved for TRP-based frequency offset pre-compensation. Assume that both TCI states associated with QCL-TypeA, i.e.,{average delay, delay spread, Doppler shift, Doppler spread} are indicated, UE should ignore some of the QCL properties of a certain TCI state”, The reference discloses a scenario where two TCI states, both including QCL-Type A, are received (see fig. 5, step 1). In this instance, the UE has a rule to drop a certain (or specific) TCI state. The rule pertains to defining one TCI state as an anchor (see section 2.3.4, ¶ 3) and dropping the other TCI state (see section 2.3.4, ¶ 6).].
As per claim 8, Vivo teaches the terminal according to claim 7. Vivo also teaches wherein the specific SFN scheme is a scheme in which Doppler pre-compensation is applied [Vivo, pg. 9, section 2.4.1, ¶2, “Moreover, since scheme 1 and frequency offset pre-compensation would be both indicated with two TCI states associated with QCL-type A, UE should distinguish whether it is configured with frequency offset pre-compensation or not, before implementing the dropping rule of QCL assumption”, One of the SFN schemes uses frequency offset based pre-compensation based on doppler feedback (see pg. 5, fig. 5, ““Frequency offset pre-compensation based on Doppler feedback“).].
As per claim 9, Vivo teaches the terminal according to claim 7. Vivo also teaches wherein when the frequency range is a frequency range lower than the specific frequency value and the DCI does not include a TCI field, the TCI state is associated with a control resource set corresponding to the DCI [Examiner Note: as previously indicated, the frequency range is one of a list of alternatives. This alternative is not selected for the BRI of the claim. Therefore, while the limitation has been considered, the further limitation of the frequency range is not required for the BRI of the claim.].
As per claim 10, Vivo teaches the terminal according to claim 7. Vivo also teaches wherein when the frequency range is a frequency range higher than the specific frequency value, the offset is smaller than the threshold value [Examiner Note: as previously indicated, the frequency range is one of a list of alternatives. This alternative is not selected for the BRI of the claim. Therefore, while the limitation has been considered, the further limitation of the frequency range is not required for the BRI of the claim.], and the DCI does not include a TCI field, the processor determines the TCI state, based on at least one of a QCL assumption related to a specific control resource set and an active TCI state list for the PDSCH [Examiner Note: as previously indicated, the DCI is one of a list of alternatives. This alternative is not selected for the BRI of the claim. Therefore, while the limitation has been considered, the further limitation of the DCI is not required for the BRI of the claim.].
As per claim 11, Vivo teaches a radio communication method for a terminal, comprising:
determining a transmission configuration indication (TCI) state to apply to a physical downlink shared channel (PDSCH) [Vivo, pg. 8, section 2.3.4, “Variant A: One of the TCI states can be associated with {average delay, delay spread} and another TCI state can be associated with {average delay, delay spread, Doppler shift, Doppler spread} (i.e., QCL-TypeA)“, The UE receives a tracking reference signal (TRS, see fig. 5, step 1, and pg. 5, ¶ 1), which includes a TCI state (see also pg. 1, second agreement). TCI states contain QCL parameters, which are used for the SFN reception. The section defining Variant A pertains to using the QCL parameters within the TCI state for PDSCH (see also, fig. 5, step 3).], based on at least one of [Examiner note: Based on the examiner’s review of the specification, the following is a list of alternatives, rather than a group of at minimum one of each element. If the applicant disagrees with this conclusion, they are invited to clarify the record. See MPEP § 2117.]: whether a specific single frequency network (SFN) scheme is applied to the PDSCH [Vivo, pg. 8, section 2.3.4, “→Potential QCL reference for PDSCH/PDCCH DMRS,” “In the previous e-meetings, several QCL assumptions were proposed for the frequency offset pre-compensation scheme”, The TCI state includes a SFN scheme that is used, particularly relating to frequency offset pre-compensation (i.e., through the use of TRS signals (see fig. 5). Section 2.4.1, specifically ¶ 2 (see pg. 9), further defines indicating a SFN scheme for PDSCH.]; a frequency range; a magnitude relation between an offset from reception of downlink control information (DCI) for scheduling the PDSCH to reception of the PDSCH and a threshold value; and the DCI; and
receiving the PDSCH by using the TCI state [Vivo, pg. 5, fig. 5, Step 3, The UE received a PDSCH using the TCI state.],
wherein when the frequency range is a frequency range higher than a specific frequency value and the specific SFN scheme is applied to the PDSCH, the TCI state is associated with a specific control resource set [Examiner Note: as previously indicated, the frequency range is one of a list of alternatives. This alternative is not selected for the BRI of the claim. Therefore, while the limitation has been considered, the further limitation of the frequency range is not required for the BRI of the claim.], and
wherein when the TCI state includes two TCI states, the method further comprises ignoring a specific quasi co-location parameter of a specific TCI state of the two TCI states [Vivo, pg. 8, section 2.3.4, “→ The dropping rule for QCL assumption”, “In the last meeting, the agreement that using the existing QCL type(s) with certain QCL parameters dropped from the indicted QCL type has been achieved for TRP-based frequency offset pre-compensation. Assume that both TCI states associated with QCL-TypeA, i.e.,{average delay, delay spread, Doppler shift, Doppler spread} are indicated, UE should ignore some of the QCL properties of a certain TCI state”, The reference discloses a scenario where two TCI states, both including QCL-Type A, are received (see fig. 5, step 1). In this instance, the UE has a rule to drop a certain (or specific) TCI state. The rule pertains to defining one TCI state as an anchor (see section 2.3.4, ¶ 3) and dropping the other TCI state (see section 2.3.4, ¶ 6). Lastly, for this claim, please see “Claim Interpretation” section of the action.].
As per claim 12, Vivo teaches a base station [Vivo, see pg. 2, fig. 1, UE and TRPs (or base stations).] comprising:
a processor [Vivo, pg. 2, section 2.1, fig. 1, The high speed train single frequency network (HST-SFN) deployment shows a UE traveling along a track. The UE is served by a number of TRPs (or base stations). A base station within 3GPP reasonably includes a processor and a transceiver.] that determines a transmission configuration indication (TCI) state to apply to a physical downlink shared channel (PDSCH) [Vivo, pg. 8, section 2.3.4, “Variant A: One of the TCI states can be associated with {average delay, delay spread} and another TCI state can be associated with {average delay, delay spread, Doppler shift, Doppler spread} (i.e., QCL-TypeA)“, The UE receives a tracking reference signal (TRS, see fig. 5, step 1, and pg. 5, ¶ 1), which includes a TCI state (see also pg. 1, second agreement). TCI states contain QCL parameters, which are used for the SFN reception. The section defining Variant A pertains to using the QCL parameters within the TCI state for PDSCH (see also, fig. 5, step 3).], based on at least one of [Examiner note: Based on the examiner’s review of the specification, the following is a list of alternatives, rather than a group of at minimum one of each element. If the applicant disagrees with this conclusion, they are invited to clarify the record. See MPEP § 2117.]: whether a specific single frequency network (SFN) scheme is applied to the PDSCH [Vivo, pg. 8, section 2.3.4, “→Potential QCL reference for PDSCH/PDCCH DMRS,” “In the previous e-meetings, several QCL assumptions were proposed for the frequency offset pre-compensation scheme”, The TCI state includes a SFN scheme that is used, particularly relating to frequency offset pre-compensation (i.e., through the use of TRS signals (see fig. 5). Section 2.4.1, specifically ¶ 2 (see pg. 9), further defines indicating a SFN scheme for PDSCH.]; a frequency range; a magnitude relation between an offset from reception of downlink control information (DCI) for scheduling the PDSCH to reception of the PDSCH and a threshold value; and the DCI; and
a transmitter [Vivo, pg. 2, section 2.1, fig. 1, The high speed train single frequency network (HST-SFN) deployment shows a UE traveling along a track. The UE is served by a number of TRPs (or base stations). A base station within 3GPP reasonably includes a processor and a transceiver.] that transmits the PDSCH by using the TCI state [Vivo, pg. 5, fig. 5, Step 3, The base stations transmit a PDSCH using the TCI state.],
wherein when the frequency range is a frequency range higher than a specific frequency value and the specific SFN scheme is applied to the PDSCH, the TCI state is associated with a specific control resource set [Examiner Note: as previously indicated, the frequency range is one of a list of alternatives. This alternative is not selected for the BRI of the claim. Therefore, while the limitation has been considered, the further limitation of the frequency range is not required for the BRI of the claim.], and
wherein when the TCI state includes two TCI states, a specific quasi co-location parameter of a specific TCI state of the two TCI states is ignored [Vivo, pg. 8, section 2.3.4, “→ The dropping rule for QCL assumption”, “In the last meeting, the agreement that using the existing QCL type(s) with certain QCL parameters dropped from the indicted QCL type has been achieved for TRP-based frequency offset pre-compensation. Assume that both TCI states associated with QCL-TypeA, i.e.,{average delay, delay spread, Doppler shift, Doppler spread} are indicated, UE should ignore some of the QCL properties of a certain TCI state”, The reference discloses a scenario where two TCI states, both including QCL-Type A, are received (see fig. 5, step 1). In this instance, the UE has a rule to drop a certain (or specific) TCI state. The rule pertains to defining one TCI state as an anchor (see section 2.3.4, ¶ 3) and dropping the other TCI state (see section 2.3.4, ¶ 6).].
As per claim 13, Vivo teaches a system comprising a terminal and a base station [Vivo, see pg. 2, fig. 1, UE and TRPs (or base stations).],
wherein the terminal [Vivo, see pg. 2, fig. 1, See UE.] comprises:
a processor [Vivo, pg. 2, section 2.1, fig. 1, The high speed train single frequency network (HST-SFN) deployment shows a UE traveling along a track. A UE within 3GPP reasonably includes a processor and a transceiver.] that determines a transmission configuration indication (TCI) state to apply to a physical downlink shared channel (PDSCH) [Vivo, pg. 8, section 2.3.4, “Variant A: One of the TCI states can be associated with {average delay, delay spread} and another TCI state can be associated with {average delay, delay spread, Doppler shift, Doppler spread} (i.e., QCL-TypeA)“, The UE receives a tracking reference signal (TRS, see fig. 5, step 1, and pg. 5, ¶ 1), which includes a TCI state (see also pg. 1, second agreement). TCI states contain QCL parameters, which are used for the SFN reception. The section defining Variant A pertains to using the QCL parameters within the TCI state for PDSCH (see also, fig. 5, step 3).], based on at least one of [Examiner note: Based on the examiner’s review of the specification, the following is a list of alternatives, rather than a group of at minimum one of each element. If the applicant disagrees with this conclusion, they are invited to clarify the record. See MPEP § 2117.]: whether a specific single frequency network (SFN) scheme is applied to the PDSCH [Vivo, pg. 8, section 2.3.4, “→Potential QCL reference for PDSCH/PDCCH DMRS,” “In the previous e-meetings, several QCL assumptions were proposed for the frequency offset pre-compensation scheme”, The TCI state includes a SFN scheme that is used, particularly relating to frequency offset pre-compensation (i.e., through the use of TRS signals (see fig. 5). Section 2.4.1, specifically ¶ 2 (see pg. 9), further defines indicating a SFN scheme for PDSCH.]; a frequency range; a magnitude relation between an offset from reception of downlink control information (DCI) for scheduling the PDSCH to reception of the PDSCH and a threshold value; and the DCI; and
a receiver [Vivo, pg. 2, section 2.1, fig. 1, The high speed train single frequency network (HST-SFN) deployment shows a UE traveling along a track. A UE within 3GPP reasonably includes a processor and a transceiver.] that receives the PDSCH by using the TCI state [Vivo, pg. 5, fig. 5, Step 3, The UE received a PDSCH using the TCI state.],
wherein when the frequency range is a frequency range higher than a specific frequency value and the specific SFN scheme is applied to the PDSCH, the TCI state is associated with a specific control resource set [Examiner Note: as previously indicated, the frequency range is one of a list of alternatives. This alternative is not selected for the BRI of the claim. Therefore, while the limitation has been considered, the further limitation of the frequency range is not required for the BRI of the claim.], and
wherein when the TCI state includes two TCI states, the processor ignores a specific quasi co-location parameter of a specific TCI state of the two TCI states [Vivo, pg. 8, section 2.3.4, “→ The dropping rule for QCL assumption”, “In the last meeting, the agreement that using the existing QCL type(s) with certain QCL parameters dropped from the indicted QCL type has been achieved for TRP-based frequency offset pre-compensation. Assume that both TCI states associated with QCL-TypeA, i.e.,{average delay, delay spread, Doppler shift, Doppler spread} are indicated, UE should ignore some of the QCL properties of a certain TCI state”, The reference discloses a scenario where two TCI states, both including QCL-Type A, are received (see fig. 5, step 1). In this instance, the UE has a rule to drop a certain (or specific) TCI state. The rule pertains to defining one TCI state as an anchor (see section 2.3.4, ¶ 3) and dropping the other TCI state (see section 2.3.4, ¶ 6).],
and the base station [Vivo, see pg. 2, fig. 1, See TRPs (or base stations).] comprises:
a processor [Vivo, pg. 2, section 2.1, fig. 1, The high speed train single frequency network (HST-SFN) deployment shows a UE traveling along a track. The UE is served by a number of TRPs (or base stations). A base station within 3GPP reasonably includes a processor and a transceiver.] that determines the TCI state [Vivo, pg. 8, section 2.3.4, “Variant A: One of the TCI states can be associated with {average delay, delay spread} and another TCI state can be associated with {average delay, delay spread, Doppler shift, Doppler spread} (i.e., QCL-TypeA)“, The UE receives a tracking reference signal (TRS, see fig. 5, step 1, and pg. 5, ¶ 1), which includes a TCI state (see also pg. 1, second agreement). TCI states contain QCL parameters, which are used for the SFN reception. The section defining Variant A pertains to using the QCL parameters within the TCI state for PDSCH (see also, fig. 5, step 3).] based on at least one of: whether the specific SFN scheme is applied [Vivo, pg. 8, section 2.3.4, “→Potential QCL reference for PDSCH/PDCCH DMRS,” “In the previous e-meetings, several QCL assumptions were proposed for the frequency offset pre-compensation scheme”, The TCI state includes a SFN scheme that is used, particularly relating to frequency offset pre-compensation (i.e., through the use of TRS signals (see fig. 5). Section 2.4.1, specifically ¶ 2 (see pg. 9), further defines indicating a SFN scheme for PDSCH.]; the frequency range; the magnitude relation between the offset and the threshold value; and the DCI; and
a transmitter [Vivo, pg. 2, section 2.1, fig. 1, The high speed train single frequency network (HST-SFN) deployment shows a UE traveling along a track. The UE is served by a number of TRPs (or base stations). A base station within 3GPP reasonably includes a processor and a transceiver.] that transmits the PDSCH by using the TCI state [Vivo, pg. 5, fig. 5, Step 3, The base stations transmit a PDSCH using the TCI state.].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The reference, ZTE (R1-2106545), teaches QCL assumption for PDSCH (see at least section 2.1).
The reference, Sony (R1-2106792), teaches QCL assumption for UE based SFN schemes (see at least sections 2.1 and 2.2).
The reference, Futurewei (R1-2107082), teaches TCI schemes for SFN HST (see at least section 2.1).
The reference, Lenovo et al. (R1-2107178), teaches a doppler pre compensation scheme for HST SFN (see at least section 2.1, fig. 1).
The reference, Qualcomm (R1-2107327), teaches scheme 1 of SFN PDSCH (see at least section 2.2).
The reference, Ericsson (R1-2107625), teaches QCL types for variant A and variant B (see at least section 2.3.2).
The reference, Nokia (R1-2108056), teaches QCL types/assumptions to support frequency pre compensation (see at least section 2.3).
The reference, Sattar et al. (NPL cited on pg. 3 of PTO-892), teaches HST-SFN transmission schemes (see at least section II.B and fig. 2).
The reference, Mei et al. (US PG Pub 2023/0396308), teaches configuring multi-TRP transmission with multiple TCI states (see at least fig. 3).
The reference, Jang et al. (US PG Pub 2022/0394742), teaches multi-TRP based SFN PDSCH (see at least figs. 23-26).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Paul H. Masur whose telephone number is (571)270-7297. The examiner can normally be reached Monday to Friday, 4:30 AM to 5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Song can be reached at (571) 270-3667. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Paul H. Masur/
Primary Examiner
Art Unit 2417