DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the amendment filed June 11, 2026, claims 9-12 are currently pending for examination.
Response to Arguments
Regarding Objection to the Title applicant’s arguments, see page 6 last paragraph, filed June 11, 2026, with respect to the Title have been fully considered and are persuasive. The Objection to the Title have been withdrawn.
Regarding 35 U.S.C. 103 applicant’s arguments, see page 7 - page 10, filed June 11, 2026, with respect to claims 7-12 have been fully considered and are not persuasive.
Regarding claims 7-12, the applicant argued that, see page 8 - page 9 paragraphs 2, “…Applicant respectfully disagrees, because limitation (ii) of independent claim 9 requires that the processor of the terminal determines, between the first operation of receiving the plurality of first reference signals, and the second operation of receiving a plurality of second reference signals. In contrast, Pezeshki teaches that the gNB determines based on a condition whether to perform the full SSB scan or the reduced SSB scan. Therefore, Pezeshki does not teach, at least, the above-referenced limitation (ii) of independent claim 9.
In response to applicant's argument, the examiner respectfully disagrees with the argument above.
Regarding claims 9-12, Pezeshki clearly teaches, a processor (see Fig.2, the controller/processor 280) that determines, based on a radio resource control information element transmitted from a base station (see Fig.2, BS 110a, see para. 0061, an SSB Burst pattern/ a radio resource control information element transmitted by BS 110a, para, 0096, the UE receive information regarding the modified SSB burst pattern), one operation from a plurality of operations including a first operation of receiving the plurality of first reference signals (see Fig. 8, para. 0090, 0093, the gNB initially performs a full SSB scan sweeping all configured SSB beams (e.g. 64 SSBs / the plurality of first reference signals } until a condition is met, once the condition is met (e.g., based on UE position information or other condition), the gNB modifies the SSB beam parameter, in this case, the SSB beam pattern, clearly as is shown in Figure 8, the UE receives Full SSB Scan, the first operation of receiving the plurality of first reference signals, as claimed) and a second operation of receiving a plurality of second reference signals among the plurality of reference signals (see Fig.8, para. 0090, 0093, 0095, at 704 the UE determines a modified SSB burst parameter / a plurality of second reference signals, based on the detected condition, clearly as is shown in Figure 8, the UE receives Modified SSB Scan, the second operation of receiving a plurality of second reference signals, as claimed, also per para. 0095, when a larger number of UEs are detected, all SSBs is needed (because different UEs need different beams) and the gNB reverts back to using a full SSB scan).
Regarding claims 9-12 the applicant further argued that, see page 9 paragraphs 3 – page 10 paragraph 1, “…Chai fails to supply that which Pezeshki lacks. Chai describes a reference signal indication method to indicate a to-be-reported reference signal in a random access process. See Chai, Abstract. However, while Chai describes a reference signal indication method, Chai like Pezeshki remains silent regarding a processor that determines, based on a radio resource control information element transmitted from a base station, one operation from a plurality of operations including a first operation of receiving the plurality of first reference signals and a second operation of receiving a plurality of second reference signals among the plurality of reference signals. Consequently, Chai does not remedy the defects of Pezeshki with respect to, at least, the above-referenced limitation (ii) of independent claim 9.
For the reasons discussed above, neither Pezeshki nor Chai teaches the above- referenced limitation (ii) of independent claim 9.
In response to applicant's argument, the examiner respectfully disagrees with the argument above.
Regarding claims 9-12, Chai clearly teaches, a plurality of first reference signals include a plurality of second reference signals (see para. 0155-0157,0164, the network device divide SSBs {a plurality of first reference signals} in the SSB set in advance to classify SSBs with similar beam directions into one group {a plurality of second reference signals}, and notify the terminal of SSB grouping information, see also para. 0158, Fig.11, para. 0211-0214).
Regarding claims 9-12 the applicant further argued that, see page 10 paragraph 2, “…Further, even assuming arguendo a skilled person were to combine the references in the manner suggested by the Examiner, the combination would still fail to render independent claim 9 obvious, because a person of ordinary skill in the art would have had no motivation to supply the missing elements without the benefit of Applicant's own disclosure as a guide”. In view of the above, independent claim 9 is patentable over Pezeshki and Chai, whether considered separately or in combination.
In response to applicant's argument, the examiner respectfully disagrees with the argument above.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, to improve a beam gain of data transmission in the random access process, by providing a reference signal indication method and an apparatus to improve a beam gain of data transmission in a random access process.
Under the broadest reasonable interpretation, the combination of the systems as disclosed by Pezeshki and Chai reads upon “a receiver that, when performing event-based beam reporting, receives a plurality of first reference signals among a plurality of reference signals; and a processor that determines, based on a radio resource control information element transmitted from a base station, one operation from a plurality of operations including a first operation of receiving the plurality of first reference signals and a second operation of receiving a plurality of second reference signals among the plurality of reference signals, wherein the receiver receives at least one of: the plurality of first reference signals; and the plurality of second reference signals, in accordance with the one operation, the plurality of first reference signals include the plurality of second reference signals, and a number of the plurality of second reference signals is smaller than a number of the plurality of first reference signals” as recites in the claim.
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.
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Pezeshki et al. (US Pub. No.: 2021/0336687), and further in view of Chai et al. (US Pub. No.: 2022/0173859).
As per claim 9, Pezeshki disclose A terminal (see Fig.1, Fig.2, UE 120a, para. 0051, 0055) comprising:
a receiver (see Fig.2, transceivers 254a-254r, see para. 0058) that, when performing event-based beam reporting (see Fig.8, para. 0128, the beams are selected based on information reported by the UE/ event-based beam reporting used to select the beans), receives a plurality of first reference signals among a plurality of reference signals (see para. 0058, the receiver receives the downlink signals from the BS 110a, see Fig.8, para. 0090, 0093, 0095, receiving a modified set of beans, a reduced set for beans / a plurality of first reference signals after initially performing a full SSB scan, see also para. 0091, 0096, event-based beam reporting); and
a processor (see Fig.2, the controller/processor 280) that determines, based on a radio resource control information element transmitted from a base station (see Fig.2, BS 110a, see para. 0061, an SSB Burst pattern/ a radio resource control information element transmitted by BS 110a, para, 0096, the UE receive information regarding the modified SSB burst pattern), one operation from a plurality of operations including a first operation of receiving the plurality of first reference signals (see Fig. 8, para. 0090, 0093, the gNB initially performs a full SSB scan sweeping all configured SSB beams (e.g. 64 SSBs / the plurality of first reference signals } until a condition is met, once the condition is met (e.g., based on UE position information or other condition), the gNB modifies the SSB beam parameter, in this case, the SSB beam pattern, clearly as is shown in Figure 8, the UE receives Full SSB Scan, the first operation of receiving the plurality of first reference signals, as claimed) and a second operation of receiving a plurality of second reference signals among the plurality of reference signals (see Fig.8, para. 0090, 0093, 0095, at 704 the UE determines a modified SSB burst parameter / a plurality of second reference signals, based on the detected condition, clearly as is shown in Figure 8, the UE receives Modified SSB Scan, the second operation of receiving a plurality of second reference signals, as claimed, also per para. 0095, when a larger number of UEs are detected, all SSBs is needed (because different UEs need different beams) and the gNB reverts back to using a full SSB scan),
wherein the receiver 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 Fig.8, para. 0090, 0093, 0095, UE receiving a plurality of full SSB Scan and based on, UE position information (time or other condition), modify and transmits a plurality of modified SSB scan), and
a number of the plurality of second reference signals is smaller than a number of the plurality of first reference signals (see para. 0087, the number modified SSB burst/ the plurality of second reference signals is smaller since it includes a first subset of the SSB beams/ plurality of first reference signals).
Although Pezeshki disclose a number of the plurality of second reference signals is smaller than a number of the plurality of first reference signals.
Pezeshki however does not explicitly disclose the plurality of first reference signals include the plurality of second reference signals.
Chai however disclose a plurality of first reference signals include a plurality of second reference signals (see para. 0155-0157,0164, the network device divide SSBs {a plurality of first reference signals} in the SSB set in advance to classify SSBs with similar beam directions into one group {a plurality of second reference signals}, and notify the terminal of SSB grouping information, Fig.11, para. 0211-0214).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of a plurality of first reference signals include a plurality of second reference signals, as taught by Chai, in the system of Pezeshki, so as to improve a beam gain of data transmission in the random access process, by providing a reference signal indication method and an apparatus to improve a beam gain of data transmission in a random access process, see Chai, paragraphs 5-13.
As per claim 10, claim 10 is rejected the same way as claim 9.
As per claim 11, Pezeshki disclose A base station (see Fig.1, Fig. 2, a BS 110, Fig.8, gNB, see para. 0056) comprising:
a transmitter (see Fig.2, transceivers 234a-234t, see para. 0057) that, when a terminal performs event-based beam reporting (see Fig. 8, para. 0128, the beams are selected based on information reported by the UE/ event-based beam reporting used to select the beans), transmits a plurality of first reference signals among a plurality of reference signals (see para. 0058, the BS 110a transmitting the downlink signals, see Fig.8, para. 0090, 0093, 0095, transmitting a Full SSB scan and transmitting a modified set of beans, a reduced set for beans / a plurality of first reference signals after initially performing a full SSB scan, see also para. 0091, 0096, event-based beam reporting); and
a processor (see Fig.2, controller/processor 240) that indicates, using a radio resource control information element transmitted to the terminal (see Fig.2, BS 110a, see para. 0061, an SSB Burst pattern/ a radio resource control information element transmitted by BS 110a, para, 0096, the UE receive information regarding the modified SSB burst pattern), one operation from a plurality of operations including a first operation in which the terminal receives the plurality of first reference signals (see Fig. 8, para. 0090, 0093, the gNB initially performs a full SSB scan sweeping all configured SSB beams (e.g. 64 SSBs / the plurality of first reference signals } until a condition is met, once the condition is met (e.g., based on UE position information or other condition), the gNB modifies the SSB beam parameter, in this case, the SSB beam pattern) and a second operation in which the terminal receives a plurality of second reference signals among the plurality of reference signals (para. 0090, 0093, 0095, at 704 the UE determines a modified SSB burst parameter / a plurality of second reference signals, based on the detected condition, also per para. 0095, when a larger number of UEs are detected, all SSBs is needed (because different UEs need different beams) and the gNB reverts back to using a full SSB scan),
wherein the transmitter 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 Fig.8, para. 0090, 0093, 0095, UE receiving a plurality of full SSB Scan and based on, UE position information (time or other condition), modify and transmits a plurality of modified SSB scan),
a number of the plurality of second reference signals is smaller than a number of the plurality of first reference signals (see para. 0087, the number modified SSB burst/ the plurality of second reference signals is smaller since it includes a first subset of the SSB beams/ plurality of first reference signals).
Although Pezeshki disclose a number of the plurality of second reference signals is smaller than a number of the plurality of first reference signals.
Pezeshki however does not explicitly disclose the plurality of first reference signals include the plurality of second reference signals.
Chai however disclose a plurality of first reference signals include a plurality of second reference signals (see para. 0155-0157,0164, the network device divide SSBs {a plurality of first reference signals} in the SSB set in advance to classify SSBs with similar beam directions into one group {a plurality of second reference signals}, and notify the terminal of SSB grouping information, Fig.11, para. 0211-0214).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the functionality of a plurality of first reference signals include a plurality of second reference signals, as taught by Chai, in the system of Pezeshki, so as to improve a beam gain of data transmission in the random access process, see Chai, paragraphs 5-13.
As per claim 12, claim 12 is rejected the same way as claim 9. Pezeshki also disclose A system (see Fig.1, Fig.2, a Wireless communication system, see para. 0006, 0051, 0052) comprising a terminal (see Fig., Fig.2, a user equipment (UE) 120) and a base station (see Fig.1, Fig,2, base station (BSs) 110).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takano (JP 2020031451A) – see Fig.7, “ The UE 200 (for example, the communication control unit 243) performs first report information for downlink user data on reception results of a group of BF DL RSs including a plurality of BF DL RSs transmitted from the eNB 100 using beams, and The second report information for beam tracking by the eNB 100 for the UE 200 is reported to the eNB 100. Since the second report information for beam tracking is reported separately from the first report information for data communication with UE 200, eNB 100 may appropriately determine whether beam tracking is successful”.
Takano (US Pub. No.:2022/0345908) – see para. 0170, “The terminal device 40 detects beams of the first beam sweeping and the second beam sweeping, and reports good quality beams to the base station device 20 in consideration of the priority (S15). At this time, the control unit 45 of the terminal device 40 determines the configuration to be reported to the base station from the configurations of the two types of beam sweeping to be received based on the priority between the plurality of types of beam sweeping of the synchronization signals (SSBs). For example, the control unit 45 determines whether each beam sweeping is of high quality enough to be reported. The terminal device 40 determines whether the measured value of the received power of the received beam (for example, reference signal received power (RSRP)) is a predetermined threshold value and determines that the beam sweeping, in which a beam is detected with a measured value of the received power equal to or higher than the threshold value, is of high quality. When each beam sweeping is of high quality enough to be reported, the terminal device 40 determines the beam sweeping to be reported in consideration of the priority”.
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 LAKERAM JANGBAHADUR whose telephone number is (571)272-1335. The examiner can normally be reached on M-F 7 am - 4 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ian Moore can be reached on 571-272-3085. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAKERAM JANGBAHADUR/
Primary Examiner, Art Unit 2469
Prosecution Insights