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 filed 18 August 2026 have been fully considered but they are not persuasive. The Applicant argues regarding the motivation behind Sun's teaching stating that Sun is about selecting a method to deliver a PUCCH transmission as opposed to selecting a PDSCH for transmission. Examiner respectfully disagrees with this assessment. Even if Sun is selecting a resource for PUCCH transmission, it still fulfills the requirements to meet Applicant's claims. Claim only requires "an indication of a pair of TCI states" and "select, based at least in part on the indication, a default beam for receiving information via the PDSCH." These two limitations are met with Sun. It makes no difference if Sun is teaching that a PUCCH beam will be transmitted on a default PDSCH. Nothing in the claim language requires anything other than a default PDSCH beam is selected based on TCI parameters. Sun teaches each and every limitation of the independent claims.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 2, 21, 22, 34, and 35 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
Sun, U.S. Patent Publication No. 2022/0311545.
Sun teaches:
1. (Original) An apparatus for wireless communication at a user equipment (UE), comprising:
a memory (see Fig. 9); and
one or more processors, coupled to the memory, configured to:
receive an indication of a pair of transmission configuration indication (TCI) states associated
with a physical downlink shared channel (PDSCH) (PDSCH activated TCI with the lowest index having
two states, [0039]); and
select, based at least in part on the indication, a default beam for receiving information via the
PDSCH (default beam is provided, [0039]).
2. (Original) The apparatus of claim 1, wherein the UE is configured to use only one default beam (by definition, a default beam is one specific beam), and wherein the indication indicates to use the pair of TCI states after a specified time (under a broadest reasonable interpretation, even the time it would take to indicate the states would constitute a specified time).
21. (Original) A method of wireless communication performed by a user equipment (UE), comprising:
receiving an indication of a pair of transmission configuration indication (TCI) states associated
with a physical downlink shared channel (PDSCH (PDSCH activated TCI with the lowest index having
two states, [0039])); and
selecting, based at least in part on the indication, a default beam for receiving information via
the PDSCH (default beam is provided, [0039]).
22. (Original) The method of claim 21, wherein the UE is configured to use only one default beam (by definition, a default beam is one specific beam), and wherein the indication indicates to use the pair of TCI states after a specified time (under a broadest reasonable interpretation, even the time it would take to indicate the states would constitute a specified time).
34. (Original) A non-transitory computer-readable medium storing a set of instructions for wireless
communication, the set of instructions comprising:
one or more instructions that, when executed by one or more processors of a user equipment
(UE), cause the UE to:
receive an indication of a pair of transmission configuration indication (TCI) states associated
with a physical downlink shared channel (PDSCH) (PDSCH activated TCI with the lowest index having
two states, [0039]); and
select, based at least in part on the indication, a default beam for receiving information via the
PDSCH (default beam is provided, [0039]).
35. An apparatus for wireless communication, comprising:
means for receiving an indication of a pair of transmission configuration indication (TCI) states
associated with a physical downlink shared channel (PDSCH) (PDSCH activated TCI with the lowest
index having two states, [0039]); and
means for selecting, based at least in part on the indication, a default beam for receiving
information via the PDSCH (default beam is provided, [0039]).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 3 - 6 and 23 - 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun as
applied to claims 2 and 22 above, and further in view of Zhang, U.S. Patent Publication No.
2023/0083208.
Sun teaches a method of activating TCI states in a wireless communications network. Sun does
not teach basing a default beam on a first TCI state. However, Zhang teaches basing a default beam on a
first TCI state. It would have been obvious to one skilled in the art at the time of the filing to modify the
teachings of Sun to incorporate the known technique of selecting a default beam based on a first TCI
state as taught by Zhang in order to obtain the predictable result of less overhead messaging.
The combination teaches:
3. (Original) The apparatus of claim 2, wherein the one or more processors, to select the default beam, are configured to select a beam associated with a first TCI state, of the pair of TCI states, as the default
beam for receiving information via the PDSCH (default beam is based on the first TCI state, [0069],
Zhang).
4. (Original) The apparatus of claim 2, wherein the one or more processors, to select the default beam, are configured to select a beam associated with a TCI state identifier, of a pair of TCI state identifiers
associated with the pair of TCI states, having a lowest value, as the default beam for receiving
information via the PDSCH (default beam is based on the first TCI state, [0069], Zhang, it is inherent
that some identifier would exist to select between two options).
5. (Original) The apparatus of claim 2, wherein selecting the default beam is based at least in part on radio resource control configuration information, medium access control information, or downlink control information (default beam is applied when TCI state is configured by RRC, [0073], Zhang).
6. (Original) The apparatus of claim 2, wherein the one or more processors, to select the default beam, are configured to select a beam associated with a control resource set, of a plurality of control resource sets of a most recently monitored slot, with a lowest control resource set identifier, as the default beam for receiving information via the PDSCH (default beam based on applied CORESET with the lowest ID,
[0069], Zhang).
23. (Original) The method of claim 22, wherein selecting the default beam comprises selecting a beam associated with a first TCI state, of the pair of TCI states, as the default beam for receiving information via the PDSCH (default beam is based on the first TCI state, [0069], Zhang).
24. (Original) The method of claim 22, wherein selecting the default beam comprises selecting a beam associated with a TCI state identifier, of a pair of TCI state identifiers associated with the pair of TCI states, having a lowest value, as the default beam for receiving information via the PDSCH (default beam is based on the first TCI state, [0069], Zhang, it is inherent that some identifier would exist to select between two options).
25. (Original) The method of claim 22, wherein selecting the default beam is based at least in part on radio resource control configuration information, medium access control information, or downlink control information (default beam is applied when TCI state is configured by RRC, [0073], Zhang).
26. (Original) The method of claim 22, wherein selecting the default beam comprises selecting a beam associated with a control resource set, of a plurality of control resource sets of a most recently monitored slot, with a lowest control resource set identifier, as the default beam for receiving information via the PDSCH (default beam based on applied CORESET with the lowest ID, [0069], Zhang).
Claim(s) 7 - 18 and 27 - 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun as
applied to claims 2 and 22 above, and further in view of Khoshnevisan, U.S. Patent Publication No.
2021/0112560.
Sun teaches a method of activating TCI states in a wireless communications method. Sun does
not teach utilizing two default beams. However, Khoshnevisan teaches utilizing two default beams. It
would have been obvious to one skilled in the art at the time of filing to modify the teachings of Sun to
incorporate the known technique of utilizing two default beams as taught by Khoshnevisan in order to
obtain the predictable result of ensuring a beam is available for use.
The combination teaches:
7. (Original) The apparatus of claim 2, wherein the one or more processors, to select the default beam, are configured to select a beam having a first TCI state, of the pair of TCI states, and a beam having a second TCI state, of the pair of TCI states, for receiving information via the PDSCH in accordance with a pattern (TCI states indicating a pattern associated with the TCI states, [0193], Khoshnevisan).
8. (Original) The apparatus of claim 7, wherein the pattern is a time division multiplexing pattern (scheme includes TDM scheme, Khoshnevisan, [0019]).
9. (Original) The apparatus of claim 7, wherein the pattern is a slot-level pattern, a symbol-level pattern, or a mini-slot level pattern (one or more periods may relate to symbols, slots, or mini-slots [0163],
Khoshnevisan).
10. (Original) The apparatus of claim 7, wherein the one or more processors are further configured to receive the information via the PDSCH, in accordance with the pattern, regardless of a scheduling offset (TCI states pattern associated with a duration, [0163], Khoshnevisan).
11.(Original) The apparatus of claim 7, wherein the one or more processors are further configured to receive the information via the PDSCH, in accordance with the pattern, only if a scheduling offset is less than a threshold (temporal offset is less than the threshold, [0140], Khoshnevisan).
12. (Original) The apparatus of claim 7, wherein the pattern is a fixed pattern (TCI states pattern associated with a duration, [0163], Khoshnevisan, a duration is a fixed item).
13. (Original) The apparatus of claim 7, wherein the pattern is configured via radio resource control information (control signaling includes RRC signaling, [0064], Khoshnevisan).
14. (Original) The apparatus of claim 7, wherein the pattern is indicated in a medium access control message (control signaling includes MAC-CE signaling, [0065], Khoshnevisan), that activates the pair of TCI states and that corresponds to a plurality of TCI codepoints.
15. (Original) The apparatus of claim 7, wherein the pattern is associated with a TCI codepoint, and is indicated in downlink control information (TCI code point with the lowest ID, [0039], Sun).
16. (Original) The apparatus of claim 1, wherein the UE is configured to use two default beams (first and second default beam, [0162], Khoshnevisan).
17. (Original) The apparatus of claim 16, wherein the indication of the pair of TCI states indicates to use the pair of TCI states after a specified time (TCI states related to one or more periods, [0163], Khoshnevisan), and wherein selecting the default beam for receiving the information via the PDSCH comprises selecting a pair of beams indicated by the pair of TCI states (first and second default beam, [0162], Khoshnevisan).
18. (Original) The apparatus of claim 16, wherein the indication of the pair of TCI states indicates to use a single TCI state after a specified time (TCI states related to one or more periods, [0163], Khoshnevisan), and
wherein selecting the default beam for receiving the information via the PDSCH comprises selecting the beam indicated by the single TCI state (beam selection based on single TCI state, [0162],
Khoshnevisan).
27. (Original) The method of claim 22, wherein selecting the default beam comprises selecting a beam having a first TCI state, of the pair of TCI states, and a beam having a second TCI state, of the pair of TCI states, for receiving information via the PDSCH in accordance with a pattern (TCI states indicating a pattern associated with the TCI states, [0193], Khoshnevisan).
28. (Original) The method of claim 27, wherein the pattern is a time division multiplexing pattern (scheme includes TDM scheme, Khoshnevisan, [0019]).
29. (Original) The method of claim 27, wherein the pattern is a slot-level pattern, a symbol-level pattern, or a mini-slot level pattern (one or more periods may relate to symbols, slots, or mini-slots [0163],
Khoshnevisan).
30. (Original) The method of claim 21, wherein the UE is configured to use two default beams (first and second default beam, [0162], Khoshnevisan).
31. (Original) The method of claim 30, wherein the indication of the pair of TCI states indicates to use the pair of TCI states after a specified time (TCI states related to one or more periods, [0163], Khoshnevisan), and
wherein selecting the default beam for receiving the information via the PDSCH comprises selecting a pair of beams indicated by the pair of TCI states (first and second default beam, [0162],
Khoshnevisan).
32. (Currently Amended) The method of claim 30, wherein the indication of the pair of TCI states indicates to use a single TCI state after a specified time (TCI states related to one or more periods, [0163], Khoshnevisan), and
wherein selecting the default beam for receiving the information via the PDSCH comprises selecting the beam indicated by the single TCI state (beam selection based on single TCI state, [0162],
Khoshnevisan).
Claim(s) 19 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun as applied to claims 2 and 21 above, and further in view of Xu, U.S. Patent No. 11,728,870.
Sun teaches a method of activating TCI states in a wireless communications method. Sun does
not teach utilizing a plurality of TCI states. However, Xu teaches utilizing a plurality of TCI states. It would
have been obvious to one skilled in the art at the time of filing to modify the teachings of Sun to
incorporate the known technique of utilizing a plurality of TCI states as taught by Xu in order to obtain
the predictable result of more transmission opportunities.
The combination teaches:
19. (Original) The apparatus of claim 1, wherein the one or more processors are further configured to receive a plurality of TCI codepoints, each of the TCI codepoints indicating a pair of TCI states, of a plurality of TCI states (plurality of TCI states mapped to multiple codepoints indicates a TCI state pair, claim 1, Xu).
33. (Original) The method of claim 21, further comprising receiving a plurality of TCI codepoints, each of the TCI codepoints indicating a pair of TCI states, of a plurality of TCI states (plurality of TCI states mapped to multiple codepoints indicates a TCI state pair, claim 1, Xu).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun in view of Xu as
applied to claim 19 above, and further in view of Zhu, U.S. Patent No. 12,628,229.
Sun in view of Xu teaches utilizing a plurality of TCI states in a wireless communications system.
The combination does not teach specific types of TCI states. However, Zhu teaches using specific types
of TCI states. It would have been obvious to one skilled in the art at the time of filing to modify the
combination of Sun in view of Xu to incorporate the known technique of specific TCI states as taught by
Zhu in order to obtain the predictable result of standardizing TCI signaling.
The combination teaches:
20. (Original) The apparatus of claim 19, wherein:
a first TCI codepoint indicates a pair of joint downlink and uplink TCI states;
a second TCI codepoint indicates a pair of downlink TCI states and a pair of uplink TCI states;
a third TCI codepoint indicates a pair of downlink TCI states; and
a fourth TCI codepoint indicates a pair of uplink TCI states (see Zhu, col. 12, line 46 - col. 13, line 59, illustrates multiple codepoints for TCI states including uplink, downlink, and joint states).
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 PETER G SOLINSKY whose telephone number is (571)270-7216. The examiner can normally be reached M - Th, 6:30 A - 5:00 P.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Asad Nawaz can be reached at 571-272-3988. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
PETER G. SOLINSKY
Examiner
Art Unit 2463
/Peter G Solinsky/Primary Examiner, Art Unit 2463
Prosecution Insights