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 .
DETAILED ACTION
Response to Preliminary Amendment
Applicant's preliminary amendment filed on 5/16/2024 have been entered and fully considered. Claims 3, 5, 7, 9, 11-13, 15, 17, 18, 21, 22, 28 and 29 are amended, claims 4, 8, 16, 19 and 23-27 are canceled, and claims 1-3, 5-7, 9-15, 17, 18, 20-22, 28 and 29 are currently pending.
Priority
This application is a National Stage application under 35 U.S.C. 371 of International Application No. PCT/CN2021/132168, having an International Filing Date of 11/22/2021.
Information Disclosure Statement
The information disclosure statements (IDS) is submitted on 5/16/2024 and 9/25/2025 were filed in compliance with the provisions of 37 CFR 1.97. According, the information disclosure statement has been considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-3, 5-7, 9-15, 17, 18, 20-22, 28 and 29 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
The claimed invention is directed to an abstract idea without significantly more such as an idea standing alone such as an instantiated concept, pan or scheme, as well as a mental process (thinking) that “can be performed in the human mind, or by a human using a pen and paper”, for example acquiring indication information; and determining satellite types of a serving cell and a neighboring cell. This judicial exception is not integrated into a practical application because the generically recited computer elements do not add a meaningful limitation to the abstract idea because they amount to simply implementing the abstract idea on a computer. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because he steps of the claimed invention can be done mentally and no additional features in the claims would preclude them from being performed as such.
CLAIM ANALYSIS
STEP 1: YES. The claims meet the statutory categories.
Claims 1-3, 5-7, 9-13 and 28 fall within a statutory category of method.
Claims 14, 15, 17, 18, 20-22 and 29 fall within a statutory category of method.
STEP 2A: PRONG ONE YES. The claims are directed to a judicial exception.
Claims 1-3, 5-7, 9-15, 17, 18, 20-22, 28 and 29 recite a judicial exception being directed to an abstract idea.
As a representative example, take Claim 1:
A method for determining a satellite type of a cell, performed by a terminal device and comprising:
acquiring indication information; and
determining satellite types of a serving cell and a neighboring cell where the terminal device is located according to the indication information.
In plain language, the claim steps above in the broadest reasonable interpretation (BRI) comprise receiving information, and determine satellite type based on the received information.
These steps are merely a mental process (i.e. receiving, analyzing and outputting information). Examiner notes mental process includes describe mental observations and evaluations that can be performed in the human mind using observation, evaluation, judgment, and opinion and also those performed with a pen/pencil or a general purpose computer (i.e. receiving, analyzing and outputting).
Claim 14 contains the same process steps as claim 1, performed using general purpose computer.
STEP 2A Prong Two: NO. Evaluating additional elements recited in the claim individually and in combination, the claim as a whole does not integrate the exception into a practical application.
The additional elements in in claim 1 account for insignificant extra solution activity. The limitations merely define the intended environment (i.e. serving cell, neighboring cell) defined generally and are mere generic entities constitute mere data gathering and analysis recited at a high level of generality, which is well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II. The limitations remain insignificant extra-solution activity even upon reconsideration. Even when considered in combination, the additional elements represent mere instructions to apply an exception and insignificant extra-solution activity, which cannot provide an inventive concept.
STEP 2B: NO. Evaluating additional elements recited, the claim as a whole does not recite additional elements that amount to significantly more than the judicial exception.
The analysis above in parts and re-evaluated again for the claims as a whole, the additional elements are mere generic entities such as “satellite type”, “serving cell”, “neighboring cell” without any given implementation thus amount to data gathering and output recited at a high level of generality and amount to analyzing information and outputting display, which is well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II.
The limitations remain insignificant extra-solution activity even upon reconsideration. Even when considered in combination, the additional elements represent mere instructions to apply an exception and insignificant extra-solution activity, which cannot provide an inventive concept.
ANALYSIS 2A Dependent Claims 2-3, 5-7, 9-13, 15, 17, 18, 20-22, 28 and 29
The dependent claims further recite additional elements that are recited at a high level of generality and thus amount to intended environment descriptors. Thus, the claims are mere data gathering, analyzing and outputing recited at a high level of generality, and thus are insignificant extra-solution activity. See MPEP 2106.05(g) (“whether the limitation is significant”). In addition, all uses of the recited judicial exceptions require such data gathering and output, and, as such, these limitations do not impose any meaningful limits on the claim. These limitations amount to necessary data gathering, analyzing and outputting. See MPEP 2106.05.
ANALYSIS 2B Dependent Claims 2-3, 5-7, 9-13, 15, 17, 18, 20-22, 28 and 29 NO. Evaluating additional elements recited, the claim as a whole does not recite additional elements that amount to significantly more than the judicial exception.
The analysis above in parts and re-evaluated again for the claims as a whole, the additional elements are mere data gathering, analyzing and output recited at a high level of generality and amount to receiving or transmitting data over a network, which is well-understood, routine, conventional activity. See MPEP 2106.05(d), subsection II.
The limitations remain insignificant extra-solution activity even upon reconsideration. Even when considered in combination, the additional elements represent mere instructions to apply an exception and insignificant extra-solution activity, which cannot provide an inventive concept.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 6-7, 10-15, 17, 18, 20-22, 28 and 29 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu et al. (US 20230049063 A1 and Wu hereinafter).
Regarding claim 1, Wu teaches a method for determining a satellite type of a cell, performed by a terminal device (Figure 8; terminal device) and comprising:
acquiring indication information (Figure 8 and Paragraph 0131; a first network device sends measurement configuration information to a terminal device. Paragraph 0134; the measurement configuration information may include an identifier of the first cell. The identifier herein includes, but is not limited to, at least one of a satellite type corresponding to the first cell); and
determining satellite types (Figure 8 and Paragraphs 0131, 0134 and 0135; the measurement configuration information may include a satellite type corresponding to plurality of identified cells) of a serving cell and a neighboring cell where the terminal device is located according to the indication information (Figure 8 and Paragraph 0135; the measurement configuration information may further indicate a plurality of cells. For example, the measurement object may include an identifier of the serving cell and an identifier of the neighboring cell of the serving cell of the terminal device).
Regarding claim 14, Wu teaches a method for determining a satellite type of a cell, performed by a network device (Figure 8; first network device) and comprising:
sending indication information to a terminal device (Figure 8 and Paragraph 0131; a first network device sends measurement configuration information to a terminal device. Paragraph 0134; the measurement configuration information may include an identifier of the first cell. The identifier herein includes, but is not limited to, at least one of a satellite type corresponding to the first cell), wherein the indication information indicate satellite types (Figure 8 and Paragraphs 0131, 0134 and 0135; the measurement configuration information may include a satellite type corresponding to plurality of identified cells) of a serving cell and a neighboring cell where the terminal device is located (Figure 8 and Paragraph 0135; the measurement configuration information may further indicate a plurality of cells. For example, the measurement object may include an identifier of the serving cell and an identifier of the neighboring cell of the serving cell of the terminal device).
Regarding claim 2, Wu teaches all of the limitations of claim 1, as described above. Further, Wu teaches wherein acquiring the indication information comprises: receiving first indication information sent by the serving cell (Figure 8 and Paragraph 0131; a first network device sends measurement configuration information to a terminal device), wherein the first indication information comprises the satellite types (Figure 8 and Paragraph 0131; a first network device sends measurement configuration information to a terminal device. Paragraph 0134; the measurement configuration information may include an identifier of the first cell. The identifier herein includes, but is not limited to, at least one of a satellite type corresponding to the first cell)) of the serving cell and the neighboring cell (Figure 8 and Paragraph 0135; the measurement configuration information may further indicate a plurality of cells. For example, the measurement object may include an identifier of the serving cell and an identifier of the neighboring cell of the serving cell of the terminal device).
Regarding claims 3 and 15, Wu teaches all of the limitations of claims 2 and 14, as described above. Further, Wu teaches further comprising at least one of: receiving, in response to determining that the terminal device is in an idle state, a first system information block (SIB) message broadcasted by the serving cell, wherein the first SIB message is the first indication information, and the first SIB message comprises a mapping relation between different cells and the satellite types; or receiving, in response to determining that the terminal device is in a connection state, a first measurement object sent by the serving cell, wherein the first measurement object is the first indication information, and the first measurement object comprises a mapping relation between different cells and the satellite types (Figure 8 and Paragraph 0135; the measurement configuration information may further indicate a plurality of cells. In other words, the measurement configuration information may include identifiers of the plurality of cells. For example, the measurement configuration information may carry a measurement object, and the measurement object may include an identifier of at least one cell, for example, an identifier of the serving cell of the terminal device and/or an identifier of the neighboring cell of the serving cell of the terminal device).
Regarding claims 6 and 17, Wu teaches all of the limitations of claims 1 and 15, as described above. Further, Wu teaches wherein acquiring the indication information comprises: receiving second indication information sent by the serving cell, wherein the second indication information indicate the satellite type of the serving cell (Figure 8 and Paragraph 0131; a first network device sends measurement configuration information to a terminal device. Paragraph 0134; the measurement configuration information may include an identifier of the first cell. The identifier herein includes, but is not limited to, at least one of a satellite type corresponding to the first cell. Paragraph 0133; the first cell may be a serving cell of the terminal device); and receiving third indication information sent by the neighboring cell, wherein the third indication information indicate the satellite type of the neighboring cell (Figure 8 and Paragraph 0131; a first network device sends measurement configuration information to a terminal device. Paragraph 0134; the measurement configuration information may include an identifier of the first cell. The identifier herein includes, but is not limited to, at least one of a satellite type corresponding to the first cell. Paragraph 0133; the first cell may be a neighboring cell of the serving cell of the terminal device).
Regarding claims 7 and 18, Wu teaches all of the limitations of claims 6 and 17, as described above. Further, Wu teaches wherein acquiring the indication information comprises at least one of: receiving, in response to determining that the terminal device is in an idle state, a second SIB message broadcasted by the serving cell (Figure 8 and Paragraph 0132; the first network device may include measurement configuration information in system broadcast signaling), wherein the second SIB message is the second indication information, and the second SIB message comprises a mapping relation between different cells under a carrier where the serving cell is located and the satellite types; or receiving, in response to determining that the terminal device is in a connection state, a second measurement object sent by the serving cell, wherein the second measurement object is the second indication information, and the second measurement object comprises a mapping relation between different cells under a carrier where the serving cell is located and the satellite types (Figure 8 and Paragraph 0135; the measurement configuration information may further indicate a plurality of cells. In other words, the measurement configuration information may include identifiers of the plurality of cells. For example, the measurement configuration information may carry a measurement object, and the measurement object may include an identifier of at least one cell, for example, an identifier of the serving cell of the terminal device and/or an identifier of the neighboring cell of the serving cell of the terminal device).
Regarding claims 10 and 20, Wu teaches all of the limitations of claims 6 and 17, as described above. Further, Wu teaches wherein acquiring the indication information comprises: receiving a third SIB message broadcasted by the neighboring cell (Figure 8 and Paragraph 0132; the first network device may include measurement configuration information in system broadcast signaling) from a carrier where the neighboring cell is located, wherein the third SIB message is the third indication information (Figure 8 and Paragraph 0131; a first network device sends measurement configuration information to a terminal device. Paragraph 0134; the measurement configuration information may include an identifier of the first cell. The identifier herein includes, but is not limited to, at least one of a satellite type corresponding to the first cell. Paragraph 0133; the first cell may be a neighboring cell of the serving cell of the terminal device), and the third SIB message comprises a mapping relation between different cells under a carrier where the neighboring cell is located and the satellite types (Figure 8 and Paragraph 0135; the measurement configuration information may further indicate a plurality of cells. In other words, the measurement configuration information may include identifiers of the plurality of cells. For example, the measurement configuration information may carry a measurement object, and the measurement object may include an identifier of at least one cell, for example, an identifier of the serving cell of the terminal device and/or an identifier of the neighboring cell of the serving cell of the terminal device).
Regarding claim 11, Wu teaches all of the limitations of claim 1, as described above. Further, Wu teaches wherein, after determining the satellite types (Figure 8 and Paragraphs 0131, 0134 and 0135; the measurement configuration information may include a satellite type corresponding to plurality of identified cells) of the serving cell and the neighboring cell where the terminal device is located (Figure 8 and Paragraph 0135; the measurement configuration information may further indicate a plurality of cells. For example, the measurement object may include an identifier of the serving cell and an identifier of the neighboring cell of the serving cell of the terminal device), the method further comprises: performing, according to the satellite types of the serving cell and the neighboring cell, at least one of a radio resource management (RRM) requirement or a radio link monitoring (RLM) requirement on the serving cell and the neighboring cell (Paragraph 0137; measurement configuration information further indicates the terminal device to report a signal elevation angle of the first cell. Correspondingly, the terminal device measures the signal elevation angle of the first cell based on the measurement configuration information, and a measurement result sent by the terminal device further includes the signal elevation angle of the first cell. Paragraphs 0140 and 0141; measurement configuration information further indicates time at which the terminal device measures the first cell, and a measurement result sent by the terminal device may include information about the time at which the terminal device measures the first cell. Paragraph 0146; the trigger condition is that after receiving the measurement configuration information from the network device, the terminal device starts to measure the first cell when determining that a preset condition is met. For example, the measurement configuration information further includes a preset value corresponding to a signal quality parameter. After receiving the measurement configuration information from the network device, the terminal device monitors the signal quality parameter, and starts to measure the first cell when determining that the signal quality parameter of the first cell is less than the preset value. The signal quality parameter may be RSRP, RSRQ, or the like).
Regarding claim 12, Wu teaches all of the limitations of claim 11, as described above. Further, Wu teaches determining at least one of a first RRM requirement or a first RLM requirement corresponding to the satellite type of the serving cell (Paragraph 0137; measurement configuration information further indicates the terminal device to report a signal elevation angle of the first cell. Paragraphs 0140 and 0141; measurement configuration information further indicates time at which the terminal device measures the first cell. Paragraph 0178; the first cell may be a serving cell of the terminal device), and performing RRM measurement or RLM measurement on the serving cell according to the first RRM requirement or the first RLM requirement (Figure 8 and Paragraphs 0146 and 0149; terminal device performs measurement of the first cell according to measurement configuration information); and determining at least one of a second RRM requirement or a second RLM requirement corresponding to the satellite type of the neighboring cell (Paragraph 0137; measurement configuration information further indicates the terminal device to report a signal elevation angle of the first cell. Paragraphs 0140 and 0141; measurement configuration information further indicates time at which the terminal device measures the first cell. Paragraph 0178; the first cell may be a neighboring cell of the serving cell of the terminal device), and performing RRM measurement and RLM measurement on the neighboring cell according to the second RRM requirement and the second RLM requirement (Figure 8 and Paragraphs 0146 and 0149; terminal device performs measurement of the first cell according to measurement configuration information).
Regarding claims 13 and 21, Wu teaches all of the limitations of claims 11 and 15, as described above. Further, Wu teaches wherein the RRM requirement and RLM requirement comprises at least one of: a mobility requirement of a cell in an idle state or an inactive state; a mobility requirement of a cell in a connection state; a timing requirement; an RLM requirement; an interrupting requirement; a beam failure detection (BFD) assessment requirement; a candidate beam detection (CBD) assessment requirement; or an RRM requirement (Figure 3 and Paragraph 0186; measurement configuration information further indicates a measurement manner used by the terminal device to measure the first cell, and the measurement manner includes MDT or mobility measurement in idle/inactive/active state. Figure 8 and Paragraphs 0146 and 0149; terminal device performs measurement of the first cell according to measurement configuration information).
Regarding claim 22, claim 22 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1. Further, Wu teaches a communication apparatus (Figure 10 and Paragraph 0231; apparatus), comprising one or more processors (Paragraph 0231; apparatus comprises a processor) and a memory (Paragraph 0232; non-transitory computer-readable storage medium stores a computer program), and the one or more processors is/are configured to perform functions (Paragraph 0234; computer program instructions may be provided for a general-purpose computer, a dedicated computer, an embedded processor, or a processor of any other programmable data processing device to generate a machine, so that the instructions executed by the computer or the processor of any other programmable data processing device generate an apparatus for implementing a function in one or more processes in the flowcharts and/or in one or more blocks in the block diagrams).
Regarding claim 28, claim 28 recites similar features as claim 1, therefore is rejected for at least the same reason as discussed above regarding claim 1. Further, Wu teaches a non-transitory computer readable storage medium, configured to store an instruction, wherein the instruction, when performed, implements the method according to claim 1 (Paragraph 0232; a non-transitory computer-readable storage medium. The non-transitory computer-readable storage medium stores a computer program. When the computer program is run on a computer, the computer is enabled to perform the method according to any one of the foregoing embodiments).
Regarding claim 29, claim 29 recites similar features as claim 14, therefore is rejected for at least the same reason as discussed above regarding claim 14. Further, Wu teaches a non-transitory computer readable storage medium, configured to store an instruction, wherein the instruction, when performed, implements the method according to claim 14 (Paragraph 0232; a non-transitory computer-readable storage medium. The non-transitory computer-readable storage medium stores a computer program. When the computer program is run on a computer, the computer is enabled to perform the method according to any one of the foregoing embodiments).
Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Qin et al. (CN 103379435 A) discloses acquire broadcast message that comprises satellite type information, a device may determine position information based on the received broadcast message.
Shrestha et al (US 20210321357 A1) discloses user equipment determines whether to monitor paging resources of a first earth-fixed tracking area or a second earth-fixed tracking area, and monitor the selected paging resources with different types of satellites.
Mahalingam et al. (US 20210029658 A1) discloses addressing timing advance in non-terrestrial network communication where a terminal device receives system information regarding types of satellite.
Allowable Subject Matter
Claims 5 and 9 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, and if overcome claim rejection under 35 U.S.C. 101.
The following is an examiner’s statement of reasons for allowance:
Applicant's invention is drawn to determination of satellite type of a cell based on received indication information.
The prior arts of record, Wu, Qin, Shrestha, Mahalingam, and a thorough search discloses various aspects and features of applicant's claimed invention but fail to explicitly or implicitly teach or disclose
determining, in response to determining that the satellite type corresponding to a target cell indicated by the first measurement object is inconsistent with the satellite type corresponding to a target cell indicated by the first SIB message, the satellite type corresponding to the target cell indicated by the first measurement object as a final satellite type of the target cell, as disclosed in dependent claim 5; and
determining, in response to determining that the satellite type corresponding to a target cell indicated by the second measurement object is inconsistent with the satellite type corresponding to a target cell indicated by the second SIB message, the satellite type corresponding to the target cell indicated by the second measurement object as a final satellite type of the target cell, as disclosed in dependent claim 9.
These functions, in combination of remaining functions are neither taught nor disclosed by the prior art. Accordingly, Applicant’s dependent claims 5 and 9 would be allowed for these reasons.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jing Gao whose telephone number is (571)270-7226. The examiner can normally be reached on 9am - 6pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Alison Slater can be reached on (571) 270-0375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jing Gao/
Examiner, Art Unit 2647
Prosecution Insights