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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/25/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 4/1/2024 as modified by the preliminary amendment filed also on 4/1/2024.
Claims 1-20 are now pending in the present application.
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 7, 10-12, 17, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Muruganathan et al. (U.S. Patent Application Publication No. 2023/0275705)
Referring to Claim 1, Muruganathan et al. disclose a method for physical uplink control channel (PUCCH) transmission performed by a user equipment (UE) (par 39, PUCCH, UE), the method comprising: receiving, from a base station (BS), a plurality of PUCCH configurations for a plurality of cells (pars 38 and 39, PUCCH, cells), a first PUCCH configuration of the plurality of PUCCH configurations including one or more first spatial relation information for a first cell of the plurality of cells (pars 38 and 39, PUCCH, spatial relation), and a second PUCCH configuration of the plurality of PUCCH configurations including one or more second spatial relation information for a second cell of the plurality of cells (pars 38 and 39, PUCCH, spatial relation, more); receiving, from the BS, on a physical downlink shared channel (PDSCH), an activation message for activating at least one first spatial relation information of the one or more first spatial relation information for the first cell or at least one second spatial relation information of the one or more second spatial relation information for the second cell (par 39, PDSCH, activation command); and performing a first PUCCH transmission on the first cell by using a first spatial setting corresponding to the at least one first spatial relation information indicated in the activation message (pars 39 and 43, transmit PUCCH).
Referring to Claim 2 as applied to Claim 1 above, Muruganathan et al. disclose the method, wherein the one or more first spatial relation information and the one or more second spatial relation information correspond to at least one index indicated in the plurality of PUCCH configurations (pars 39-42, spatial relation information indicated).
Referring to Claim 7 as applied to Claim 1 above, Muruganathan et al. disclose the method, wherein the activation message corresponds to a Medium Access Control (MAC) Control Element (CE) (par 39, MAC CE).
Referring to Claim 10 as applied to Claim 1 above, Muruganathan et al. disclose the method, wherein the activation message includes a first field for the first cell and a second field for the second cell (pars 38-41, activation command for cells; information/indication).
Referring to Claim 11, Muruganathan et al. disclose a user equipment (UE) for performing physical uplink control channel (PUCCH) transmission (par 39, PUCCH, UE), the UE comprising: at least one processor; and at least one memory coupled to the at least one processor and storing computer-executable instructions that, when executed by the at least one processor (par 39, UE), cause the UE to: receive, from a base station (BS), a plurality of PUCCH configurations configured for a plurality of cells (pars 38 and 39, PUCCH, cells), a first PUCCH configuration of the plurality of PUCCH configurations including one or more first spatial relation information for a first cell of the plurality of cells (pars 38 and 39, PUCCH, spatial relation), and a second PUCCH configuration of the plurality of PUCCH configurations including one or more second spatial relation information for a second cell of the plurality of cells (pars 38 and 39, PUCCH, spatial relation, more); receive, from the BS, on a physical downlink shared channel (PDSCH), an activation message for activating at least one first spatial relation information of the one or more first spatial relation information for the first cell or at least one second spatial relation information of the one or more second spatial relation information for the second cell (par 39, PDSCH, activation command); and perform a first PUCCH transmission on the first cell by using a first spatial setting corresponding to the at least one first spatial relation information indicated in the activation message (pars 39 and 43, transmit PUCCH).
Referring to Claim 12 as applied to Claim 11 above, Muruganathan et al. disclose the UE, wherein the one or more first spatial relation information and the one or more second spatial relation information correspond to at least one index indicated in the plurality of PUCCH configurations (pars 39-42, spatial relation information indicated).
Referring to Claim 17 as applied to Claim 11 above, Muruganathan et al. disclose the UE, wherein the activation message corresponds to a Medium Access Control (MAC) Control Element (CE) (par 39, MAC CE).
Referring to Claim 20 as applied to Claim 11 above, Muruganathan et al. disclose the UE, wherein the activation message includes a first field for the first cell and a second field for the second cell (pars 38-41, activation command for cells; information/indication).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 8, 9, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Muruganathan et al. (U.S. Patent Application Publication No. 2023/0275705) in view of Xu et al. (U.S. Patent Application Publication No. 2020/0314858)
Referring to Claims 8 and 18 as applied to Claims 1 and 11 above, Muruganathan et al. disclose the method and UE (pars 38 and 39).
However, Muruganathan et al. do not disclose activation message indicates a first cell identity (ID) for the first cell and a first ID of the at least one first spatial relation information that is associated with the first cell ID, or a second cell ID for the second cell and a second ID of the at least one second spatial relation information that is associated with the second cell ID.
In the same field of endeavor, Xu et al. disclose activation message indicates a first cell identity (ID) for the first cell and a first ID of the at least one first spatial relation information that is associated with the first cell ID, or a second cell ID for the second cell and a second ID of the at least one second spatial relation information that is associated with the second cell ID (par 358, MAC/CE – activate, cell, ID).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate activation message indicates a first cell identity (ID) for the first cell and a first ID of the at least one first spatial relation information that is associated with the first cell ID, or a second cell ID for the second cell and a second ID of the at least one second spatial relation information that is associated with the second cell ID, as taught by Xu et al., in the method and UE of Muruganathan et al., for the purpose of implementing PUCCH transmission ad performing spatial relation RS determination (Xu et al., Abstract and par 358).
Referring to Claims 9 and 19 as applied to Claims 8 and 18 above, Muruganathan et al. disclose the method and UE (pars 38 and 39).
However, Muruganathan et al. do not disclose in a case that the first cell and the second cell belong to a same cell group, the first ID is the same as the second ID.
In the same field of endeavor, Xu et al. disclose in a case that the first cell and the second cell belong to a same cell group, the first ID is the same as the second ID (pars 224, 263, and 358, MAC/CE – group).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate in a case that the first cell and the second cell belong to a same cell group, the first ID is the same as the second ID, as taught by Xu et al., in the method and UE of Muruganathan et al., for the purpose of implementing PUCCH transmission ad performing spatial relation RS determination (Xu et al., Abstract and par 358).
Allowable Subject Matter
Claims 3 and 13 are objected to as being dependent upon rejected base claims, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 3 and 13 are allowed because the prior art of record singly or in combination failed to teach the UE performing PUCCH cell switching between the cells when it receives indication from BS and performing PUCCH transmission on the second cell by using second spatial setting related to relation information, indicated in activation message, as applied to the independent claims.
Claims 4-6 and 14-16 are objected to as being dependent on the above claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUHAIL KHAN whose telephone number is (571)270-7187. The examiner can normally be reached on M-TH 8:30am-6:30pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rafael Perez-Gutierrez can be reached on 5712727915. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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.
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/Suhail Khan/
Primary Examiner, Art Unit 2642
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