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 .
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, 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 33, 37, 38, 40, 43, 44, 47, 53 and 54 are rejected under 35 U.S.C. 103 as being unpatentable over Min (US 2023/0217388, hereinafter Min).
Regarding claim 33, Min discloses a method by a user equipment, UE, for receiving reference time information, the method comprising: receiving, from a network node, a dedicated message comprising first reference time information (gNB can transmit DLinformationtrasnfer, which is a unicast message, to the UE, Para [0082], DLinformationtransfer includes reference time information, Para [0053]); receiving a first indication to acquire an alternative reference time information to the first reference time information in the dedicated message (gNB transmits short message to UE indicating a change in the referencetimeinfo, Para [0075], bit set to indicate update of the reference time information, Para [0076]); and applying a second reference time information received in a broadcast message comprising a SIB9 message (the gNB transmits the SIB 9 message with changed reference time information, Para [0079], SIB 9 is a broadcast transmission, Para [0010], the gNB can periodically update the UE with timing information, obvious variation, in this case, where first reference time is in a unicast message then later updated with broadcast message); wherein the first indication to acquire the alternative reference time information comprises an comprises a SIB9 fallback indication (a change (update) of referenceTimeInfo-r16 included in SIB 9 may be indicated in the short message, Para [0076], indication in the short message is the “SIB9 fallback” indication); but is not explicit the SIB9 fallback indication indicates that the first reference time information is invalid (a change (update) of referenceTimeInfo-r16 included in SIB 9 may be indicated in the short message, Para [0076], where Min discloses the indication is change or update of the reference time information and not explicitly discloses it is invalid but it is obvious design choice to one of ordinary skill in the art, and Applicant’s own specification states in Para [0098] the UE can still use the invalid time reference for a duration afterwards, which functions the same as an update indication).
Regarding claim 37, Min discloses the method of claim 33, wherein applying the second reference time information is based on receiving the first indication to acquire an alternative reference time information. (gNB transmits short message to UE indicating a change in the referencetimeinfo, Para [0075], bit set to indicate update of the reference time information, Para [0076]).
Regarding claim 38, Min discloses the method of claim 33, but not explicitly further comprising at least one of: prior to receiving the first indication to acquire an alternative reference time information, applying the first reference time information (the short indication message is transmitted after gNB, updates the time, Fig. 5, therefore prior received reference time would be applied); applying a third reference time information that is received in a second dedicated message instead of the second reference time information and receiving the broadcast message comprising the second reference time information (the updated reference time can be received periodically by unicast or broadcast, Para [0073], obvious variation where the unicast update to a specific UE takes priority over a broadcast).
Regarding claim 40, Min discloses the method of claim 33, further comprising: determining whether the UE is to perform UE-side propagation delay compensation, and if the UE determines that the UE is to perform UE-side propagation delay compensation, performing UE-side propagation delay compensation before transmitting, to the upper layer, a reference time that is calculated based on the second reference time information, or if the UE determines that the UE is not to perform UE-side propagation delay compensation, transmitting, to the upper layer, a reference time that is calculated based on the second reference time information without performing UE-side propagation delay compensation, optionally wherein performing UE-side propagation delay compensation comprises subtracting an amount of pre-compensated time from the second reference time information (obvious to one of ordinary skill, the option of not performing UE-side propagation delay compensation and transmitting second reference time to upper layer would be straightforward).
Regarding claim 43, Min discloses a method by a network node for transmitting reference time information, the method comprising: transmitting, to a user equipment, UE, a dedicated message comprising first reference time information (gNB can transmit DLinformationtrasnfer, which is a unicast message, to the UE, Para [0082], DLinformationtransfer includes reference time information, Para [0053]); and transmitting, to the UE, a first indication to acquire an alternative reference time information to the first reference time information in the dedicated message, the first indication triggering the UE to apply second reference time information (gNB transmits short message to UE indicating a change in the referencetimeinfo, Para [0075], bit set to indicate update of the reference time information, Para [0076]); and transmitting a broadcast message comprising the second reference time information (the gNB transmits the SIB 9 message with changed reference time information, Para [0079], SIB 9 is a broadcast transmission, Para [0010], the gNB can periodically update the UE with timing information, obvious variation, in this case, where first reference time is in a unicast message then later updated with broadcast message)l wherein the first indication to acquire the alternative reference time information comprises an comprises a SIB9 fallback indication (a change (update) of referenceTimeInfo-r16 included in SIB 9 may be indicated in the short message, Para [0076], indication in the short message is the “SIB9 fallback” indication); but is not explicit the SIB9 fallback indication indicates that the first reference time information is invalid (a change (update) of referenceTimeInfo-r16 included in SIB 9 may be indicated in the short message, Para [0076], where Min discloses the indication is change or update of the reference time information and not explicitly discloses it is invalid but it is obvious design choice to one of ordinary skill in the art, and Applicant’s own specification states in Para [0098] the UE can still use the invalid time reference for a duration afterwards, which functions the same as an update indication).
Regarding claim 44, Min discloses the method of claim 43, further comprising determining that the first reference time information is invalid for the UE, and wherein the first indication is transmitted to the UE based on determining that the first reference time information is invalid (a change (update) of referenceTimeInfo-r16 included in SIB 9 may be indicated in the short message, Para [0076], obvious to one of ordinary skill if the reference time is being updated, it implies the previous timing is no longer valid).
Regarding claim 47, Min discloses the method of claim 43, further comprising: transmitting, to the UE, a third reference time information in a second dedicated message to trigger the UE to apply the third reference time information instead of the second reference time information (periodically updating the time information with a unicast message, Para [0071]).
Regarding claim 53, Min discloses a user equipment, UE, for receiving reference time information, the UE adapted to: receive, from a network node, a dedicated message comprising first reference time information (gNB can transmit DLinformationtrasnfer, which is a unicast message, to the UE, Para [0082], DLinformationtransfer includes reference time information, Para [0053]); receive a first indication to acquire an alternative reference time information to the first reference time information in the dedicated message (gNB transmits short message to UE indicating a change in the referencetimeinfo, Para [0075], bit set to indicate update of the reference time information, Para [0076]); and apply a second reference time information received in a broadcast message (the gNB transmits the SIB 9 message with changed reference time information, Para [0079], SIB 9 is a broadcast transmission, Para [0010], the gNB can periodically update the UE with timing information, obvious variation, in this case, where first reference time is in a unicast message then later updated with broadcast message); wherein the first indication to acquire the alternative reference time information comprises an comprises a SIB9 fallback indication (a change (update) of referenceTimeInfo-r16 included in SIB 9 may be indicated in the short message, Para [0076], indication in the short message is the “SIB9 fallback” indication); but is not explicit the SIB9 fallback indication indicates that the first reference time information is invalid (a change (update) of referenceTimeInfo-r16 included in SIB 9 may be indicated in the short message, Para [0076], where Min discloses the indication is change or update of the reference time information and not explicitly discloses it is invalid but it is obvious design choice to one of ordinary skill in the art, and Applicant’s own specification states in Para [0098] the UE can still use the invalid time reference for a duration afterwards, which functions the same as an update indication).
Regarding claim 54, Min discloses a network node for transmitting reference time information, the network node adapted to: transmit, to a user equipment, UE, a dedicated message comprising first reference time information (gNB can transmit DLinformationtrasnfer, which is a unicast message, to the UE, Para [0082], DLinformationtransfer includes reference time information, Para [0053]); and transmit, to the UE, a first indication to acquire an alternative reference time information to the first reference time information in the dedicated message, the indication triggering the UE to apply second reference time information (gNB transmits short message to UE indicating a change in the referencetimeinfo, Para [0075], bit set to indicate update of the reference time information, Para [0076]); and transmit a broadcast message comprising the second reference time information (the gNB transmits the SIB 9 message with changed reference time information, Para [0079], SIB 9 is a broadcast transmission, Para [0010], the gNB can periodically update the UE with timing information, obvious variation, in this case, where first reference time is in a unicast message then later updated with broadcast message); wherein the first indication to acquire the alternative reference time information comprises an comprises a SIB9 fallback indication (a change (update) of referenceTimeInfo-r16 included in SIB 9 may be indicated in the short message, Para [0076], indication in the short message is the “SIB9 fallback” indication); but is not explicit the SIB9 fallback indication indicates that the first reference time information is invalid (a change (update) of referenceTimeInfo-r16 included in SIB 9 may be indicated in the short message, Para [0076], where Min discloses the indication is change or update of the reference time information and not explicitly discloses it is invalid but it is obvious design choice to one of ordinary skill in the art, and Applicant’s own specification states in Para [0098] the UE can still use the invalid time reference for a duration afterwards, which functions the same as an update indication).
Claims 36, 42, 46 and 52 are rejected under 35 U.S.C. 103 as being unpatentable over Min and in view of Shimoda et al (US 2024/0430836, hereinafter Shimoda).
Regarding claim 36, Min discloses the method of claim 34, but not explicitly wherein the UE considers the first reference time information as valid for at least a time period, T, after the UE receives the first indication to acquire the alternative reference time information, and wherein the method further comprises: using the first reference time information during the time period, T, and ceasing to use the first reference time information after the time period, T, has expired. Shimoda discloses BS transmitting a validity period of the timing reference to the UE, Para [0255], obvious the timing reference wouldn’t be used once the valid period expires. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Shimoda in the system of Min in order to provide radio communication with low latency and high reliability.
Regarding claim 42, Min discloses the method of claim 33, but not wherein the first indication to acquire the alternative reference time information comprises a validity timer and the UE applies a second reference time information based on expiration of the timer. Shimoda discloses BS transmitting a validity period of the timing reference to the UE, Para [0255] and a timer on the validity period may be provided, Para [0295].
Regarding claim 46, Min discloses the method of claim 43, but not further comprising: configuring the UE to use the first reference time information during a time period, T, after the network node transmits the first indication and/or after the UE receives the first indication; and configuring the UE to cease using the first reference time information after the time period, T, has expired. Shimoda discloses BS transmitting a validity period of the timing reference to the UE, Para [0255], obvious the timing reference wouldn’t be used once the valid period expires.
Regarding claim 52, Min discloses the method of claim 43, but not further comprising at least one of: monitoring a timer, and determining that the first reference time information is invalid based on an expiration of the timer. Shimoda discloses BS transmitting a validity period of the timing reference to the UE, Para [0255] and a timer on the validity period may be provided, BS can notify UE of the expiration of the timer, Para [0295].
Claims 39 and 48-50 are rejected under 35 U.S.C. 103 as being unpatentable over Min and in view of Babaei (US 2023/0413204, hereinafter Babaei).
Regarding claim 39, Min discloses the method of claim 33, but not wherein the broadcast message comprises an indication of an amount of time that has been applied to pre-compensate the second reference time information, optionally wherein the second reference time information is associated with a propagation delay compensation to reflect a target distance, TD, from the network node. Babaei discloses a propagation delay may be considered in the reference timing, Para [0150]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize the techniques taught by Babaei in the system of Min in order to improve timing synchronization with higher accuracy.
Regarding claim 48, Min discloses the method of claim 43, but not wherein the broadcast message comprises an indication of an amount of time that has been applied to pre-compensate the second reference time information. Babaei discloses a propagation delay may be considered in the reference timing, Para [0150], propagation delay could be half the value of the TA, Para [0151].
Regarding claim 49, Min discloses the method of claim 43, but not wherein the second reference time information is associated with a propagation delay compensation to reflect a target distance, TD, from the network node to the UE. Babaei discloses a propagation delay may be considered in the reference timing, Para [0150], based on gNB-UE distance, Para [0154].
Regarding claim 50, Min discloses the method of claim 43, but not further comprising: monitoring a timing of an uplink transmission timing from the UE; and estimating, for at least one uplink transmission, a total applicable timing advance, TA, required at any point in time, optionally further comprising at least one of: determining that ½ the total applicable TA translates to a distance that is less than 2*TD, and indicating, to the UE, to use the second reference time information that has been pre-compensated; and determining that ½ the total applicable TA translates to a distance that is greater than 2*TD, and indicating, to the UE, that propagation delay compensation is needed, and configuring at least one resource for estimating propagation delay compensation. Babaei discloses the gNB can determine a timing advance, Para [0093], other aspects are optional.
Allowable Subject Matter
Claims 41 and 51 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.
Response to Arguments
Applicant's arguments filed 6/10/2026 have been fully considered but they are not persuasive. Applicant amends the limitations in the claim and argues the references do not disclose the amended limitations. Applicant argues Min discloses a single bit in a short message used to indicate to the UE an updated reference time will be included in a following SIB9. Applicant argues the indication in Min is not analogous to an indication that a time reference information previously received is invalid. Applicant argues the short message in Min does not include an SIB9 fallback indication. In response, Applicant argues the indication in the short message of Min is not analogous to the SIB9 fallback indication. Applicant merely argues over nomenclature which carries no patentable weight. Applicant has no actual argument on how the indications are different other than the Applicant has named their indication as a "SIB9 fallback" indication. Applicant argues Min does not relate to a fallback mechanism, but Applicant's own specification never describes a fallback mechanism. The specification mentions fallback four times only as the name of the indication. Applicant argues the short message to the UE is to update a reference time in a following SIB9 is not the same as an indication that a time reference value is invalid. In response, Applicant's specification in Para [0098] states: In a particular embodiment, even though the network has indicated to the UE that the dedicated time is not valid anymore, the UE may consider the previously received dedicated time information (which was indicated as invalid) to be valid for a certain time T after the network has indicated it to be invalid. This has the benefit that it allows the UE to acquire an alternative time information (e.g., via broadcast signalling). If the UE is still able to use the previously received time information, which was indicated invalid, this functions the same as receiving a message that the time reference value will be updated. The difference between an invalid indication and update indication is an obvious design choice to one of ordinary skill in the art. Applicant's own specification admits the invalid time information is still usable for a duration afterwards.
Conclusion
THIS ACTION IS MADE FINAL. 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 KEVIN CUNNINGHAM whose telephone number is (571) 272-1765. The examiner can normally be reached Monday through Thursday 7:30-18:00 (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Huy Vu can be reached on (571) 272-3155. The fax number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN M CUNNINGHAM/Primary Examiner, Art Unit 2461