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 Amendment
2. Claims 9-12 are pending.
Response to Arguments
Applicant’s arguments, filed on 6/16/2026, with regards to claims 9-12 have been fully considered but they are not persuasive. The applicant asserts that the combination of Tsai and da Silva does not teach or suggest: “wherein the processor determines the one operation based on a radio resource control information element (RRC IE) transmitted from a base station, the RRC IE being information indicating which of the first operation and the second operation the terminal performs” and “a number of the plurality of second reference signals is larger than a number of the plurality of first reference signals”. Examiner respectfully disagrees.
The combination of Tsai and da Silva, specifically Tsai, teaches that the UE may expect the gNB to configure at least one new beam RS if the BFR for the corresponding serving cell (e.g., SCell) is configured. If at least one new beam RS is not configured, all SSBs may be considered as new beam RS candidates. For the beam failure recovery (BFR), each BWP of a serving cell (SCell) may support a maximum number of 64 RS for new beam identification. The UE may send a BFR-SR over a PCell, a PSCell, and/or a SCell, and the BFR-SR may be used to indicate a beam failure event of an CC (s) and/or to request an UL resource in order to transmit more information related to beam failure. It is noted that whether the first step should be performed may be based on whether any UL resource(s) is available. (See Tsai; Par. [69]-[72]) The UE may switch the BWP of a cell during the BFR procedure for the cell. Under such circumstances, the UE may receive an indication (e.g., an RRC or a PDCCH signaling) for a BWP switching of the cell from the NW during any time point of the BFR procedure for the cell. In another embodiment, the UE may also switch the BWP of the cell due to expiration of a bwp-Inactivity Timer of the cell during the BFR procedure for the cell. FIG. 4 illustrates a BWP switching during the BFR procedure 40. (See Fig. 4) Upon performing RRC (re-)configuration, a firstActiveDownlinkBWP IE contains the ID of the DL BWP to be activated. If the ID of the DL BWP (firstActiveDownlinkBWP-Id) is absent, the RRC (re-)configuration does not impose a BWP switch. Upon performing RRC (re-)configuration, the firstActiveUplinkBWP IE contains the ID of the UL BWP to be activated. If the ID of the UL BWP (firstActiveDownlinkBWP-Id) is absent, the RRC (re-)configuration does not impose a BWP switch. (See Tsai; Par. [117], [121]-[123]) The BFD RS and/or the New Beam Identification (NBI) RS are configured by the NW. If the NW configures the BFD RS associated with multiple cells, the NW may have to configure a set of NBI RS which is also associated with the multiple cells. In other words, the UE may expect the NW to configure a set of NBI RS and a set of BFD RS which are associated the same set of cells. In some of the embodiments, the NBI RS may be used by the UE to detect the beam failure of a set of cells, and the BFR RS may be used by the UE to find the (common) new beam of the set of cells. The association between the set of BFD RS(s), the set of NBI RS(s), and/or the corresponding set of cell(s) are configured by the NW, e.g., via the RRC configuration. [Therefore, the UE is configured, by the base station, with a radio resource control information element (RRC) configuration that determines which beam-measurement or reporting behavior the UE performs. The RRC parameters may be used to indicate which SR configuration (BFD RSs or NBI RSs) corresponds to the BFR-SR and which operation to be performed by the UE] (See Tsai; Par. [182]-[188])
On the other hand, da Silva teaches the network may configure a UE to include beam level measurement information (i.e., only beam indexes or beam indexes with measurement result(s)) for periodic measurement reporting as well as event triggered measurement reports. It has already been agreed that the UE shall include the best beam for each cell and up to X−1 strongest beams per cell above an absolute threshold in the measurement report, where X is configured in reportConfig and the threshold in the measObject. Measurement results are transferred from the UE to the network. The UE shall initiate the reporting procedure only after successful security activation. For the measurement ID (measId) for which the measurement reporting procedure was triggered, the UE shall set the measResults within the MeasurementReport message as follows: set the measId to the measurement identity that triggered the measurement reporting; set the measResultServingCell within measResultServingFreqList to include the all available cell and beam quantities of the PCell based on SS/PBCH block and CSI-RS measurements. if the reportType is set to eventTriggered; for each included cell, include the layer 3 filtered measured results in accordance with the reportConfig for this measId. If rsType in the associated reportConfig is set to ss, set resultsSSBCell within the measResult to include the SS/PBCH block based quantities indicated in the reportQuantityCell within the concerned reportConfig. In order of decreasing quantity indicated in the triggerQuantity parameter, i.e. the best cell is included first; if the numberOJReportsSent as defined within the VarMeasReportList for this measId is less than the reportAmount as defined within the corresponding reportConfig for this measId: start the periodical reporting timer with the value of reportInterval as defined within the corresponding reportConfig for this measId. [Therefore, the second-set reporting / beam detection RS candidates can be configured with a larger candidate count than the first-set detection RSs] (See da Silva; Par. [7]-[10], [17], [140]-[149)
Therefore, and for the reasons set above, the combination of Tsai and da Silva teaches the claimed invention. The rejection of claims 9-12 is sustained.
Claim Rejections - 35 USC § 103
3. 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.
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.
4. Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Tsai et al. (US. Pub. No. 2021/0105176 A1) in view of da Silva et al. (US. Pub. No. 2019/0281485 A1).
Regarding claim 9, Tsai discloses a terminal (See Tsai; Fig. 7; Node 700, which may be a UE) comprising:
a processor (See Tsai; Fig. 7; Processor 708) that determines one operation from a plurality of operations including a first operation of receiving a plurality of first reference signals in a cell and a second operation of receiving a plurality of second reference signals in the cell (See Par. [87]-[88], [188] and Fig. 6 of Tsai for a reference to determining the UE operation with respect to two different UE reference-signal sets and corresponding operations: first RS set for new beam identification / recovery (NBI RS) and second RS set for beam failure detection (the BFD RS), both tied to cell-specific configuration); and
a receiver (See Tsai; Fig. 7; Transceiver 706) that receives at least one of: the plurality of first reference signals and the plurality of second reference signals, in accordance with the one operation (See Par. [61], [87]-[88], [188] and Fig. 6 of Tsai for a reference to the UE receiver measures / receives the first configured RS set or the second configured RS set depending on whether it is performing beam failure detection or new-beam identification),
wherein the processor determines the one operation based on a radio resource control
information element (RRC IE) transmitted from a base station, the RRC IE being
information indicating which of the first operation and the second operation the
terminal performs (See Par. [107], [117], [188] and of Tsai for a reference to the UE is configured, by the base station, with a radio resource control information element (RRC) configuration that determines which beam-measurement or reporting behavior the UE performs. The RRC parameters may be used to indicate which SR configuration corresponds to the BFR-SR and which operation to be performed by the UE),
the receiver receives the plurality of second reference signals when performing event-based
beam reporting (See Par. [70]-[72] and Fig. 1 of Tsai for a reference to the UE may send a BFR-SR over a PCell, a PSCell, and/or a SCell, and the BFR-SR [second reference signals] may be used to indicate a beam failure event of an CC (s) and/or to request an UL resource in order to transmit more information related to beam failure), and
Tsai does not explicitly disclose a number of the plurality of second reference signals is larger than a number of the plurality of first reference signals.
However, da Silva discloses a number of the plurality of second reference signals is larger than a number of the plurality of first reference signals (See Par. [7]-[10], [17], [145]-[149] and of da Silva for a reference to the second-set reporting / beam detection RS candidates can be configured with a larger candidate count than the first-set detection RSs).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of da Silva to Tsai. The motivation for combination would be to improve network’s performance; by improving the beam sorting behavior of the UE in order to improve the ability to build self-optimized network functionality. (da Silva; Par. [240])
Regarding claim 10, the claim is interpreted and rejected for the same reason as set forth
in claim 9.
Regarding claim 11, Tsai discloses a base station (See Tsai; Fig. 7; Node 700, which may be a BS) comprising:
a processor (See Tsai; Fig. 7; Processor 708) that indicates one operation from a plurality of operations including a first operation in which a terminal receives a plurality of first reference signals in a cell and a second operation in which the terminal receives a plurality of second reference signals in the cell (See Par. [87]-[88], [188] and Fig. 6 of Tsai for a reference to determining, by the BS, the UE’s operation with respect to two different UE reference-signal sets and corresponding operations: first RS set for new beam identification / recovery (NBI RS) and second RS set for beam failure detection (the BFD RS), both tied to cell-specific configuration); and
a transmitter (See Tsai; Fig. 7; Transceiver 706) that transmits at least one of: the plurality of first reference signals and the plurality of second reference signals, to be received by the terminal in accordance with the one operation (See Par. [61], [87]-[88], [188] and Fig. 6 of Tsai for a reference to the BS transmits the first configured RS set or the second configured RS set depending on whether it is performing beam failure detection or new-beam identification),
wherein the processor indicates the one operation by using a radio resource control
information element (RRC IE) transmitted to the terminal, the RRC IE being
information indicating which of the first operation and the second operation the terminal performs (See Par. [107], [117], [188] and of Tsai for a reference to the BS configures the UE with a radio resource control information element (RRC) configuration that determines which beam-measurement or reporting behavior the UE performs. The RRC parameters may be used to indicate which SR configuration corresponds to the BFR-SR and which operation to be performed by the UE),
the transmitter transmits the plurality of second reference signals when the terminal performs
event-based beam reporting (See Par. [70]-[72] and Fig. 1 of Tsai for a reference to the BS may send a BFR-SR over a PCell, a PSCell, and/or a SCell, and the BFR-SR [second reference signals] may be used to indicate a beam failure event of an CC (s) and/or to request an UL resource in order to transmit more information related to beam failure).
Tsai does not explicitly disclose a number of the plurality of second reference signals is larger than a number of the plurality of first reference signals.
However, da Silva discloses a number of the plurality of second reference signals is larger than a number of the plurality of first reference signals (See Par. [7]-[10], [17], [145]-[149] and of da Silva for a reference to the second-set reporting / beam detection RS candidates can be configured with a larger candidate count than the first-set detection RSs).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of da Silva to Tsai. The motivation for combination would be to improve network’s performance; by improving the beam sorting behavior of the UE in order to improve the ability to build self-optimized network functionality. (da Silva; Par. [240])
Regarding claim 12, Tsai discloses a system comprising a terminal and a base station (See Tsai; Fig. 1; System comprising BS 184 and Terminal 182), wherein
the terminal comprises:
a processor (See Tsai; Fig. 7; Processor 708) that determines one operation from a plurality of operations including a first operation of receiving a plurality of first reference signals in a cell and a second operation of receiving a plurality of second reference signals in the cell (See Par. [87]-[88], [188] and Fig. 6 of Tsai for a reference to determining the UE operation with respect to two different UE reference-signal sets and corresponding operations: first RS set for new beam identification / recovery (NBI RS) and second RS set for beam failure detection (the BFD RS), both tied to cell-specific configuration);
and
a receiver (See Tsai; Fig. 7; Transceiver 706) that receives at least one of: the plurality of first reference signals and the plurality of second reference signals, in accordance with the one operation (See Par. [61], [87]-[88], [188] and Fig. 6 of Tsai for a reference to the UE receiver measures / receives the first configured RS set or the second configured RS set depending on whether it is performing beam failure detection or new-beam identification),
wherein the processor determines the one operation based on a radio resource control
information element (RRC IE) transmitted from a base station, the RRC IE being
information indicating which of the first operation and the second operation the
terminal performs (See Par. [107], [117], [188] and of Tsai for a reference to the UE is configured, by the base station, with a radio resource control information element (RRC) configuration that determines which beam-measurement or reporting behavior the UE performs. The RRC parameters may be used to indicate which SR configuration corresponds to the BFR-SR and which operation to be performed by the UE),
the receiver receives the plurality of second reference signals when performing event-based
beam reporting (See Par. [70]-[72] and Fig. 1 of Tsai for a reference to the UE may send a BFR-SR over a PCell, a PSCell, and/or a SCell, and the BFR-SR [second reference signals] may be used to indicate a beam failure event of an CC (s) and/or to request an UL resource in order to transmit more information related to beam failure);
the base station comprises:
a transmitter (See Tsai; Fig. 7; Transceiver 706) that transmits the at least one of: the plurality of first reference signals and the plurality of second reference signals, to be received by the terminal in accordance with the one operation (See Par. [61], [87]-[88], [188] and Fig. 6 of Tsai for a reference to the BS transmits the first configured RS set or the second configured RS set depending on whether it is performing beam failure detection or new-beam identification).
Tsai does not explicitly disclose a number of the plurality of second reference signals is larger than a number of the plurality of first reference signals.
However, da Silva discloses a number of the plurality of second reference signals is larger than a number of the plurality of first reference signals (See Par. [7]-[10], [17], [145]-[149] and of da Silva for a reference to the second-set reporting / beam detection RS candidates can be configured with a larger candidate count than the first-set detection RSs).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of da Silva to Tsai. The motivation for combination would be to improve network’s performance; by improving the beam sorting behavior of the UE in order to improve the ability to build self-optimized network functionality. (da Silva; Par. [240])
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhou et al, (US. Pub. No. 2023/0125038 A1) discloses systems, methods and apparatus, for signaling mechanisms associated with reporting information associated with multiple beam failure indicator (BFI) types via a beam failure detection (BFD) report.
Zhu et al. (US. Pub. No. 2022/0109489 A1) discloses methods and apparatuses for beam failure recovery (BFR) in a wireless communication system.
Hao et al. (US. Pub. No. 2020/0367083 A1) discloses techniques for non-zero-power beams in wireless systems.
6. 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 extension fee 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 date of this final action.
7. Any inquiry concerning this communication from the examiner should be directed to RASHA FAYED whose telephone number is (571) 270-3804. The examiner can normally be reached on M-F 8:00AM-4:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the supervisory Examiner, Un Cho can be reached on (571)272-7919. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.K.F/Examiner, Art Unit 2413
/UN C CHO/Supervisory Patent Examiner, Art Unit 2413
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