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 on 06/17/2026 have been fully considered but they are not persuasive. Applicant’s arguments and Examiner’s response are provided below.
Applicant argues that Kim does not teach or suggest signaling information indicating a BWP to be activated in the activated state of the cell group, and Kim certainly fails to teach or suggest that the BWP indicated by the information (i.e., a specific BWP) could or should have been activated. In contrast, Kim merely performs the RLM procedure in the first active BWP or the BWP activated last/previously.
Examiner’s response: The previously cited passages of Kim were relied upon to teach the prior claim language, which did not require activation of the BWP. In view of Applicant’s amendment, the rejection now relies on paragraphs 565-568 of Kim, which expressly teach activating the indicated BWP or the previously/ last activated BWP.
Applicant argues that the cited teachings of Kim are only directed performing the RLM
procedure according to the "cell group" being activated or deactivated. Kim does not teach or suggest that this "cell group" could or should have been a Secondary Cell Group (SCG). In contrast, Applicant's claimed invention recites that the signaled information includes information indicating a BWP to be activated in a Secondary Cell Group (SCG).
Examiner’s response: Kim expressly teaches that the disclosed cell group is an SCG. For example, paragraph 281 describes an indicator indicating that the cell group is to be resumed (or activated), specifically identifying a “Cell group (SCG) resumption indicator”. Accordingly, the reference expressly teaches activation/ resumption of an SCG. Also, paragraphs 541-546 repeatedly refer to the “cell group” as SCG. Consistent with this teachings, paragraphs 565-568 describe selecting and activating the appropriate BWP upon cell group activation, thereby teaching the claimed activation of the BWP in the activated state of the SCG.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KIM (US
20240414772 A1).
Regarding claim 1,
KIM discloses “A terminal apparatus for communicating with a base station apparatus, the
terminal apparatus comprising: processing circuitry unit and reception circuitry configured
to receive signalling from the base station apparatus” (See Fig. 1R, [0044] Fig. 1R illustrates
a structure of a UE. See Fig. 1F, the UE receives signaling from the base station at 1f-25, 1f-
45, 1f-70 and 1f 85. [0149] RRC message or RRCReconfiguration or MAC control element or
DCI of PDCCH that instructs activation or resumption of the cell group or cell (SPCell (Pcell
or PSCell) or SCell)) “configured to communicate using a Master Cell Group (MCG) and a
Secondary Cell Group (SCG), wherein the MCG includes at least a Primary Cell (PCell), the SCG includes at least a Primary SCG Cell (PSCeII)” (See [0200] The network or base station may configure an SPcell (PCell and PScell) and multiple SCells for the UE. The Spcell may indicate the Pcell when the UE communicates with one base station, and may indicate the master base station's Pcell or the secondary base station's PScell when the UE communicates with two base stations (master and secondary base stations). [0201] In the disclosure, a PCell may refer to a master cell group (MCG), and a PSCell may refer to a secondary cell group (SCG). In addition, the MCG as used herein may include the PCell and SCells configured for the MCG, and the SCG as used herein may include the PSCell and SCells configured for the SCG), “the processing circuitry in a case of determining that the SCG is to enter an activated state based on the signalling, activates the SCG” (See [0278] the RRC message (RRCSetup message or RRCResume message 1f-25 or RRCReconfiguration message 1f-70) may include configuration information for a cell group. The configuration information for a cell group may include: [0281] An indicator indicating the state of a cell group (for example, an indicator indicating that the cell group is to be resumed (or activated) (for example, Cellgroup (SCG (resumption indicator)). [0286] If the indicator indicating that the state of a cell group is to be resumed (or activated) is included, or upon receiving the indicating that a cell group is to be resumed, the UE may activate all SCells configured in the cell group), “in a case that the signalling includes information indicating a bandwidth part (BWP) to be activated in the activated state of the SCG, activates the BWP indicated by the information” (See [0567] If there is a BWP configured in the message with regard to the cell or cell group for which activation is indicated (or if the message has BWP configuration information regarding the cell or cell group), [0568] The UE may consider the BWP configured in the message as the BWP to perform a UE procedure proposed with regard to the cell or cell group for which activation is indicated, or the BWP to be monitored or activated, or the BWP regarding which a beam failure detection procedure or an RLM procedure is to be performed. The UE may perform the UE procedure proposed with regard to the cell or cell group for which deactivation is indicated, by switching (or activating) to the BWP configured in the message), “and in a case that the signalling includes no information indicating a BWP to be activated in the activated state of the SCG, activates a BWP previously used for Radio Link Monitoring (RLM)” (See [0565] If there is no BWP configured in the message with regard to the cell or cell group for which activation is indicated (or if the message has no BWP configuration information regarding the cell or cell group), [0566] The UE may consider the current active BWP (or a BWP activated previously or a BWP activated last or a BWP activated before the message was received) as the BWP to perform a UE procedure proposed with regard to the cell or cell group for which deactivation is indicated, or the BWP to be monitored or activated, or the BWP regarding which a beam failure detection procedure or an RLM procedure is to be performed). Note: Accordingly, Kim teaches activating the indicated BWP when BWP configuration information is present, and activating the previously/ last activated BWP for performing RLM procedure when no BWP configuration information is provided.
Regarding claim 2,
KIM discloses “A method for a terminal apparatus for communicating with a base station
apparatus” (See [0013] a method performed by a terminal in a wireless communication
system. See Fig. 1F), “the method comprising: communicating using a Master Cell Group
(MCG) and a Secondary Cell Group (SCG), wherein the MCG includes at least a Primary Cell (PCell), the SCG includes at least a Primary SCG Cell (PSCeII)” (See [0200] The network or base station may configure an SPcell (PCell and PScell) and multiple SCells for the UE. The Spcell may indicate the Pcell when the UE communicates with one base station, and may indicate the master base station's Pcell or the secondary base station's PScell when the UE communicates with two base stations (master and secondary base stations). [0201] In the disclosure, a PCell may refer to a master cell group (MCG), and a PSCell may refer to a secondary cell group (SCG). In addition, the MCG as used herein may include the PCell and SCells configured for the MCG, and the SCG as used herein may include the PSCell and SCells configured for the SCG), “and receive signalling from the base station apparatus” (See Fig. 1R, [0044] Fig. 1R illustrates a structure of a UE. See Fig. 1F, the UE receives signaling from the base station at 1f-25, 1f- 45, 1f-70 and 1f 85. [0149] RRC message or RRCReconfiguration or MAC control element or DCI of PDCCH that instructs activation or resumption of the cell group or cell (SPCell (Pcell or PSCell) or SCell)), “and the method further comprises the steps of in a case that the terminal apparatus determines that the SCG is to enter an activated state based on the signaling communicated from the base station apparatus, activating the SCG” (See [0278] the RRC message (RRCSetup message or RRCResume message 1f-25 or RRCReconfiguration message 1f-70) may include configuration information for a cell group. The configuration information for a cell group may include: [0281] An indicator indicating the state of a cell group (for example, an indicator indicating that the cell group is to be resumed (or activated) (for example, Cellgroup (SCG (resumption indicator)). [0286] If the indicator indicating that the state of a cell group is to be resumed (or activated) is included, or upon receiving the indicating that a cell group is to be resumed, the UE may activate all SCells configured in the cell group), “in a case that the signalling includes information indicating a bandwidth part (BWP) to be activated in the activated state of the SCG, activating the BWP indicated by the information” (See [0567] If there is a BWP configured in the message with regard to the cell or cell group for which activation is indicated (or if the message has BWP configuration information regarding the cell or cell group), [0568] The UE may consider the BWP configured in the message as the BWP to perform a UE procedure proposed with regard to the cell or cell group for which activation is indicated, or the BWP to be monitored or activated, or the BWP regarding which a beam failure detection procedure or an RLM procedure is to be performed. The UE may perform the UE procedure proposed with regard to the cell or cell group for which deactivation is indicated, by switching (or activating) to the BWP configured in the message), “and in a case that the signalling includes no information indicating a BWP to be activated in the activated state of the SCG, activates a BWP previously used for Radio Link Monitoring (RLM)” (See [0565] If there is no BWP configured in the message with regard to the cell or cell group for which activation is indicated (or if the message has no BWP configuration information regarding the cell or cell group), [0566] The UE may consider the current active BWP (or a BWP activated previously or a BWP activated last or a BWP activated before the message was received) as the BWP to perform a UE procedure proposed with regard to the cell or cell group for which deactivation is indicated, or the BWP to be monitored or activated, or the BWP regarding which a beam failure detection procedure or an RLM procedure is to be performed). Note: Accordingly, Kim teaches activating the indicated BWP when BWP configuration information is present, and activating the previously/ last activated BWP for performing RLM procedure when no BWP configuration information is provided.
Regarding claim 3,
KIM discloses “An integrated circuit implemented in a terminal apparatus for
communicating with a base station apparatus” (See Fig. 1R, [0863] the controller 1r-
40 may include at least one processor. See Fig. 1F), “the integrated circuit performing:
communicating using a Master Cell Group (MCG) and a Secondary Cell Group (SCG),
wherein the MCG includes at least a Primary Cell (PCell), the SCG includes at least a Primary SCG Cell (PSCell)” (See [0200] The network or base station may configure an SPcell (PCell and PScell) and multiple SCells for the UE. The Spcell may indicate the Pcell when the UE communicates with one base station, and may indicate the master base station's Pcell or the secondary base station's PScell when the UE communicates with two base stations (master and secondary base stations). [0201] In the disclosure, a PCell may refer to a master cell group (MCG), and a PSCell may refer to a secondary cell group (SCG). In addition, the MCG as used herein may include the PCell and SCells configured for the MCG, and the SCG as used herein may include the PSCell and SCells configured for the SCG), “and receiving signalling from the base station apparatus” (See Fig. 1R, [0044] Fig. 1R illustrates a structure of a UE. See Fig. 1F, the UE receives signaling from the base station at 1f-25, 1f- 45, 1f-70 and 1f 85. [0149] RRC message or RRCReconfiguration or MAC control element or DCI of PDCCH that instructs activation or resumption of the cell group or cell (SPCell (Pcell or PSCell) or SCell)), “and the integrated circuit causes the terminal apparatus to further perform in a case that the terminal apparatus determines that the SCG is to enter an activated state based on the signalling communicated from the base station apparatus, activating the SCG” (See [0278] the RRC message (RRCSetup message or RRCResume message 1f-25 or RRCReconfiguration message 1f-70) may include configuration information for a cell group. The configuration information for a cell group may include: [0281] An indicator indicating the state of a cell group (for example, an indicator indicating that the cell group is to be resumed (or activated) (for example, Cellgroup (SCG (resumption indicator)). [0286] If the indicator indicating that the state of a cell group is to be resumed (or activated) is included, or upon receiving the indicating that a cell group is to be resumed, the UE may activate all SCells configured in the cell group), “in a case that the signalling includes information indicating a bandwidth part (BWP) to be activated in the activated state of the SCG, activating the BWP indicated by the information” (See [0567] If there is a BWP configured in the message with regard to the cell or cell group for which activation is indicated (or if the message has BWP configuration information regarding the cell or cell group), [0568] The UE may consider the BWP configured in the message as the BWP to perform a UE procedure proposed with regard to the cell or cell group for which activation is indicated, or the BWP to be monitored or activated, or the BWP regarding which a beam failure detection procedure or an RLM procedure is to be performed. The UE may perform the UE procedure proposed with regard to the cell or cell group for which deactivation is indicated, by switching (or activating) to the BWP configured in the message), “and in a case that the signalling includes no information indicating a BWP to be activated in the activated state of the SCG, activates a BWP previously used for Radio Link Monitoring (RLM)” (See [0565] If there is no BWP configured in the message with regard to the cell or cell group for which activation is indicated (or if the message has no BWP configuration information regarding the cell or cell group), [0566] The UE may consider the current active BWP (or a BWP activated previously or a BWP activated last or a BWP activated before the message was received) as the BWP to perform a UE procedure proposed with regard to the cell or cell group for which deactivation is indicated, or the BWP to be monitored or activated, or the BWP regarding which a beam failure detection procedure or an RLM procedure is to be performed). Note: Accordingly, Kim teaches activating the indicated BWP when BWP configuration information is present, and activating the previously/ last activated BWP for performing RLM procedure when no BWP configuration information is provided.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. 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 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 SALMA A AYAD whose telephone number is (571)270-0285. The examiner can normally be reached Monday-Friday 8:00 to 5:30 ET.
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, Yemane Mesfin can be reached at 5712723927. 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.
/SALMA AYAD/Examiner, Art Unit 2462 /YEMANE MESFIN/Supervisory Patent Examiner, Art Unit 2462