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 .
Response to Arguments
Applicant’s arguments, see page 6, with respect to claims 18-19 have been fully considered and are persuasive. The rejection under 35 U.S.C. § 112(b) of claims 18-19 has been withdrawn.
Applicant's arguments filed 4/16/26 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a UE identifies and preemptively removes resource sets from its available pool because those sets contain a "potential feature field" (intended for future releases) in addition to at least one legacy field) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., "potential feature fields"…which are specifically characterized as being not readable by certain UEs (e.g., Rel-17 UEs)) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., UE to explicitly exclude any resource set that includes such a field) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., handling unreadable/potential feature fields for future releases) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., excluding a resource set because it contains a specific field combination (potential + legacy)) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., excluding resource sets containing unreadable potential feature fields to prevent legacy UE error) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to Applicant’s arguments on page 8 with respect to claims 11, 16, and 22, and all claims depending therefrom, the Examiner respectfully disagrees for at least the reasons above and the rejection shown below for claims 11, 16, and 22, and all claims depending therefrom.
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.
Claim(s) 11-14, 16-19, and 21-22 is/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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 11, it is unclear from what “at least one RA resource set” is excluded from since Applicant removed “from the plurality of RA resource sets”. Claims 12-14 fails to resolve the deficiency of claim 11 and are thus rejected under similar rationale. Claims 16 and 21-22 recite similar limitations of claim 11 and are thus rejected under similar rationale. Claims 17-19 fails to resolve the deficiency of claim 16 and are thus rejected under similar rationale.
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) 11-13, 16-18, and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20240422826 by Turtinen et al. (hereinafter Turtinen) in view of US 20250016839 by Sebire et al. (hereinafter Sebire).
Regarding claim 16, Turtinen teaches a user equipment (UE) in a wireless communication system (fig. 2 first device 110-1; ¶ 40, first device 110 is the terminal device; ¶ 35, a terminal device may also be referred to as…user equipment (UE); ¶ 118, device 600 may be provided to implement a communication device, for example, the first device 110), the UE comprising:
at least one processor (fig. 6, processor 610);
and at least one computer memory operably storing instructions that, when executed by the at least one processor, cause the UE to perform operations comprising (fig. 6, memory 620 connected to processor 610; ¶ 121-129):
receiving information related to a plurality of random access (RA) resource sets including at least one legacy feature field (¶ 47, first device 110-1 may receive a resource configuration which indicates the set of resources from the second device 120… the set of resources 300 can be assigned for the plurality of features; Table 1, shows features such as RedCap, SDT, CovEnh, and slicing; ¶ 4, a set of resources for the random access procedure; ¶ 25, singular forms “a”, “an” and “the” are intended to include the plural forms as well. Examiner correspond resource(s) of the set of resources for at least one of RedCap, SDT, CovEnh, or slicing to the at least one legacy feature field);
configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one feature field is included in addition to the at least one legacy feature field (¶ 47, first device 110-1 determines 2030 a first subset of resources allocated for the first feature from a set of resources for the plurality of features; ¶ 49, first device 110-1 may determine 2040 a second subset of resources allocated for the second feature from the set of resources for the plurality of features; ¶ 51, first device 110-1 may determine 2050 a third subset of resources allocated for the third feature from the set of resources for the plurality of features; fig. 3d, shows first subset of resources 310 excluding resources such as second subset of resources 320 and third subset of resources 330 with both containing resource(s) for two or more features as indicated by 3230; ¶ 59, the subset of overlapped resources 3230, since the subset of overlapped resources 3230 supports more features than that of the first subset of resources 310; ¶ 46, It should be noted that the plurality of features can comprise other features. Examiner correspond at least one of second or third subset of resources in which at least one other feature of the other features is included in addition to at least one of RedCap, SDT, CovEnh, or slicing to the at least one RA resource set and correspond the first subset of resources to the one or more RA resource sets)
and performing a RA procedure based on the configured one or more RA resource sets (¶ 53, first device 110-1 can perform the random access procedure based on the first subset of resources).
Although Turtinen teaches configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one feature field is included in addition to the at least one legacy feature field and suggests that the at least one feature field could include a potential feature field (¶ 46, It should be noted that the plurality of features can comprise other features), Turtinen does not explicitly disclose configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one potential feature field is included in addition to the at least one legacy feature field.
Sebire in the same or similar field of endeavor teaches at least one RA resource set in which at least one potential feature field is included (¶ 83, a pool for a new feature… pools for existing (legacy) features; ¶ 27, different communication features (such as, Small Data Transmission, Reduced Capability, Coverage Enhancements and Slicing); ¶ 50, number of communication features and the corresponding pools of the resources is just an example, the first device 110 may also reserve other pools of resources for other communication features; ¶ 56, pools (for different features); ¶ 53, resources in pools of resources refer to the random access resources). By modifying Turtinen’s teachings of configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one feature field is included in addition to the at least one legacy feature field with Sebire’s teachings of at least one RA resource set in which at least one potential feature field is included, the modification results in configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one potential feature field is included in addition to the at least one legacy feature field.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turtinen’s teachings with Sebire’s above teachings. The motivation is providing resources usage optimization (Sebire abstract). Known work in one field of endeavor (Sebire prior art) may prompt variations of it for use in either the same field or a different one (Turtinen prior art) based on design incentives (resources usage optimization) or other market forces if the variations are predictable to one or ordinary skill in the art.
Claim 11 recite similar limitations of claim 16 and is thus rejected under similar rationale.
Regarding claim 12, the combination teaches the method of claim 11, wherein performing the RA procedure comprises: selecting a RA resource set from the configured one or more RA resource sets based on the at least one legacy feature field (Turtinen ¶ 53, first device 110-1 can perform the random access procedure based on the first subset of resources. Alternatively, the first device 110-1 can perform the random access procedure based on other resources in the set of resources excluded the first subset of resources; ¶ 102, determining that a random access procedure is triggered based on a plurality of features; ¶ 55, the first feature can be the coverage enhancement; ¶ 5, a first feature in the plurality of features. In view of “the configured one or more RA resource sets” being just the first subset of resources, this view makes this limitation effectively selecting the first subset of resources. As disclosed in ¶ 53 of Turtinen, the first device uses/selects the first subset of resources to have the random access procedure be based on instead of using, e.g., the second subset of resources); transmitting a RA preamble using the selected RA resource set (Turtinen ¶ 48, the first subset of resources may comprise a plurality of preambles. In this case, if the second device 120 receives a preamble in the plurality of preambles, the second device 120 may understand that the random access procedure is triggered by the first feature; ¶ 53, the first device 110-1 performs 2060 the random access procedure. In some example embodiments, the first device 110-1 can perform the random access procedure based on the first subset of resources; fig. 2, shows step 2060 having a transmission from first device 110-1 to second device 120).
Regarding claim 13, the combination teaches the method of claim 12, wherein the at least one legacy feature field is related to at least one of Coverage enhancement (CE), Small Data Transmission by using a RA procedure (RA-SDT), Reduced Capability (RedCap) or Radio Access Network (RAN) slicing (Turtinen ¶ 55, the first feature can be the coverage enhancement).
Claims 17-18 recite similar limitations of claims 12-13, respectively and are thus rejected under similar rationale.
Regarding claim 21, Turtinen teaches an apparatus for a user equipment (UE) (fig. 2 first device 110-1; ¶ 40, first device 110 is the terminal device; ¶ 35, a terminal device may also be referred to as…user equipment (UE); ¶ 118, device 600 may be provided to implement a communication device, for example, the first device 110), the apparatus comprising:
at least one processor (fig. 6, processor 610);
and at least one computer memory operably connectable to the at least one processor and storing instructions that, when executed by at least one processor, cause the UE to perform operations comprising (fig. 6, memory 620 connected to processor 610; ¶ 121-129):
receiving information related to a plurality of random access (RA) resource sets including at least one legacy feature field (¶ 47, first device 110-1 may receive a resource configuration which indicates the set of resources from the second device 120… the set of resources 300 can be assigned for the plurality of features; Table 1, shows features such as RedCap, SDT, CovEnh, and slicing; ¶ 4, a set of resources for the random access procedure; ¶ 25, singular forms “a”, “an” and “the” are intended to include the plural forms as well. Examiner correspond resource(s) of the set of resources for at least one of RedCap, SDT, CovEnh, or slicing to the at least one legacy feature field);
configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one feature field is included in addition to the at least one legacy feature field (¶ 47, first device 110-1 determines 2030 a first subset of resources allocated for the first feature from a set of resources for the plurality of features; ¶ 49, first device 110-1 may determine 2040 a second subset of resources allocated for the second feature from the set of resources for the plurality of features; ¶ 51, first device 110-1 may determine 2050 a third subset of resources allocated for the third feature from the set of resources for the plurality of features; fig. 3d, shows first subset of resources 310 excluding resources such as second subset of resources 320 and third subset of resources 330 with both containing resource(s) for two or more features as indicated by 3230; ¶ 59, the subset of overlapped resources 3230, since the subset of overlapped resources 3230 supports more features than that of the first subset of resources 310; ¶ 46, It should be noted that the plurality of features can comprise other features. Examiner correspond at least one of second or third subset of resources in which at least one other feature of the other features is included in addition to at least one of RedCap, SDT, CovEnh, or slicing to the at least one RA resource set and correspond the first subset of resources to the one or more RA resource sets)
and performing a RA procedure based on the configured one or more RA resource sets (¶ 53, first device 110-1 can perform the random access procedure based on the first subset of resources).
Although Turtinen teaches configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one feature field is included in addition to the at least one legacy feature field and suggests that the at least one feature field could include a potential feature field (¶ 46, It should be noted that the plurality of features can comprise other features), Turtinen does not explicitly disclose configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one potential feature field is included in addition to the at least one legacy feature field.
Sebire in the same or similar field of endeavor teaches at least one RA resource set in which at least one potential feature field is included (¶ 83, a pool for a new feature… pools for existing (legacy) features; ¶ 27, different communication features (such as, Small Data Transmission, Reduced Capability, Coverage Enhancements and Slicing); ¶ 50, number of communication features and the corresponding pools of the resources is just an example, the first device 110 may also reserve other pools of resources for other communication features; ¶ 56, pools (for different features); ¶ 53, resources in pools of resources refer to the random access resources). By modifying Turtinen’s teachings of configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one feature field is included in addition to the at least one legacy feature field with Sebire’s teachings of at least one RA resource set in which at least one potential feature field is included, the modification results in configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one potential feature field is included in addition to the at least one legacy feature field.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turtinen’s teachings with Sebire’s above teachings. The motivation is providing resources usage optimization (Sebire abstract). Known work in one field of endeavor (Sebire prior art) may prompt variations of it for use in either the same field or a different one (Turtinen prior art) based on design incentives (resources usage optimization) or other market forces if the variations are predictable to one or ordinary skill in the art.
Regarding claim 22, Turtinen teaches a non-transitory computer readable storage medium comprising program instructions that, when executed by at least one processor, cause a user equipment (UE) to perform operations comprising (fig. 6, memory 620 connected to processor 610; ¶ 121-129; fig. 2 first device 110-1; ¶ 40, first device 110 is the terminal device; ¶ 35, a terminal device may also be referred to as…user equipment (UE); ¶ 118, device 600 may be provided to implement a communication device, for example, the first device 110):
receiving information related to a plurality of random access (RA) resource sets including at least one legacy feature field (¶ 47, first device 110-1 may receive a resource configuration which indicates the set of resources from the second device 120… the set of resources 300 can be assigned for the plurality of features; Table 1, shows features such as RedCap, SDT, CovEnh, and slicing; ¶ 4, a set of resources for the random access procedure; ¶ 25, singular forms “a”, “an” and “the” are intended to include the plural forms as well. Examiner correspond resource(s) of the set of resources for at least one of RedCap, SDT, CovEnh, or slicing to the at least one legacy feature field);
configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one feature field is included in addition to the at least one legacy feature field (¶ 47, first device 110-1 determines 2030 a first subset of resources allocated for the first feature from a set of resources for the plurality of features; ¶ 49, first device 110-1 may determine 2040 a second subset of resources allocated for the second feature from the set of resources for the plurality of features; ¶ 51, first device 110-1 may determine 2050 a third subset of resources allocated for the third feature from the set of resources for the plurality of features; fig. 3d, shows first subset of resources 310 excluding resources such as second subset of resources 320 and third subset of resources 330 with both containing resource(s) for two or more features as indicated by 3230; ¶ 59, the subset of overlapped resources 3230, since the subset of overlapped resources 3230 supports more features than that of the first subset of resources 310; ¶ 46, It should be noted that the plurality of features can comprise other features. Examiner correspond at least one of second or third subset of resources in which at least one other feature of the other features is included in addition to at least one of RedCap, SDT, CovEnh, or slicing to the at least one RA resource set and correspond the first subset of resources to the one or more RA resource sets)
and performing a RA procedure based on the configured one or more RA resource sets (¶ 53, first device 110-1 can perform the random access procedure based on the first subset of resources).
Although Turtinen teaches configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one feature field is included in addition to the at least one legacy feature field and suggests that the at least one feature field could include a potential feature field (¶ 46, It should be noted that the plurality of features can comprise other features), Turtinen does not explicitly disclose configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one potential feature field is included in addition to the at least one legacy feature field.
Sebire in the same or similar field of endeavor teaches at least one RA resource set in which at least one potential feature field is included (¶ 83, a pool for a new feature… pools for existing (legacy) features; ¶ 27, different communication features (such as, Small Data Transmission, Reduced Capability, Coverage Enhancements and Slicing); ¶ 50, number of communication features and the corresponding pools of the resources is just an example, the first device 110 may also reserve other pools of resources for other communication features; ¶ 56, pools (for different features); ¶ 53, resources in pools of resources refer to the random access resources). By modifying Turtinen’s teachings of configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one feature field is included in addition to the at least one legacy feature field with Sebire’s teachings of at least one RA resource set in which at least one potential feature field is included, the modification results in configuring one or more RA resource sets of the plurality of RA resource sets by excluding at least one RA resource set in which at least one potential feature field is included in addition to the at least one legacy feature field.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turtinen’s teachings with Sebire’s above teachings. The motivation is providing resources usage optimization (Sebire abstract). Known work in one field of endeavor (Sebire prior art) may prompt variations of it for use in either the same field or a different one (Turtinen prior art) based on design incentives (resources usage optimization) or other market forces if the variations are predictable to one or ordinary skill in the art.
Claim(s) 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turtinen and Sebire and in further view of “RACH partitioning for Rel-17 features” by Ericssion (publicly available on 10/21/2021) (IDS filed 5/13/24).
Regarding claim 19, the combination teaches the UE of claim 17, wherein, based on the RA procedure being triggered for two or more legacy feature fields, the RA resource set is selected from the configured one or more RA resource sets (Turtinen ¶ 53, first device 110-1 can perform the random access procedure based on the first subset of resources. Alternatively, the first device 110-1 can perform the random access procedure based on other resources in the set of resources excluded the first subset of resources. In view of “the configured one or more RA resource sets” being just the first subset of resources, this view makes this limitation effectively selecting the first subset of resources based on the RA procedure being triggered for two or more legacy feature fields. As disclosed in ¶ 53 of Turtinen, the first device uses/selects the first subset of resources to have the random access procedure be based on instead of using, e.g., the second subset of resources; ¶ 48, the first subset of resources may comprise a plurality of preambles. In this case, if the second device 120 receives a preamble in the plurality of preambles, the second device 120 may understand that the random access procedure is triggered by the first feature; ¶ 55, the first feature can be the coverage enhancement; ¶ 5, a first feature in the plurality of features; ¶ 25, singular forms “a”, “an” and “the” are intended to include the plural forms as well).
Although the combination teaches the RA resource set (Turtinen ¶ 48, the first subset of resources may comprise a plurality of preambles), the two or more legacy feature fields, and based on the RA procedure being triggered for two or more legacy feature fields, the RA resource set is selected from the configured one or more RA resource sets, the combination does not explicitly disclose based on the RA procedure being triggered for two or more legacy feature fields, the RA resource set in which the two or more legacy feature fields are set to true is selected from the configured one or more RA resource sets the RA resource set.
Ericssion in the same or similar field of endeavor teaches a RA resource set in which two or more legacy feature fields are set to true (section 2.1.2.1, an information element representing which features are indicated by a specific set of preambles should be defined…redcap ENUMERATED {true}…smallData ENUMERATED {true}…slicing ENUMERATED {true}…covEnh ENUMERATED {true}). By modifying the combination’s teachings of the RA resource set, the two or more legacy feature fields, and based on the RA procedure being triggered for two or more legacy feature fields, the RA resource set is selected from the configured one or more RA resource sets with Ericssion’s teachings of a RA resource set in which two or more legacy feature fields are set to true, the modification results in based on the RA procedure being triggered for two or more legacy feature fields, the RA resource set in which the two or more legacy feature fields are set to true is selected from the configured one or more RA resource sets the RA resource set.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination with Ericssion’s above teachings. The motivation is enabling early identification of a feature on a network side (Ericssion section 1). Known work in one field of endeavor (Ericssion prior art) may prompt variations of it for use in either the same field or a different one (Turtinen prior art) based on design incentives (enabling early identification of a feature on a network side) or other market forces if the variations are predictable to one or ordinary skill in the art.
Claim 14 recite similar limitations of claim 19 and is thus rejected under similar rationale.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER P CHAU whose telephone number is (571)270-7152. The examiner can normally be reached 9:30 A.M - 6 P.M. ET M-F.
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/PETER P CHAU/Primary Examiner, Art Unit 2476