DETAILED ACTION
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 .
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)(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.
Claim(s) 1-5, 7-8, 17, 18, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Loehr et al (US 20140029586).
As to claim 1 Loehr discloses a wireless communication method, comprising: measuring, by a wireless communication device, a current timing difference between a first time unit used in a first cell and a second time unit used in a second cell (Loehr ¶0409- the step of measuring by the mobile terminal comprises: determining by the mobile terminal a downlink reception time differences (.DELTA..sub.Scell-PCellR.sub.XDL) between the target and reference cell, by measuring the time difference between reception of the beginning of a first downlink sub-frame on the target cell (T.sub.DL.sub.--.sub.RX.sub.--.sub.SCell) and the reception of the beginning of a corresponding downlink sub-frame on the reference cell (T.sub.DL.sub.--.sub.RX.sub.--.sub.PCell), wherein corresponding downlink sub-frames on the reference and target cell refer to the same sub-frame number.); and sending, by the wireless communication device to a wireless communication node, a message indicating the current timing difference (Loehr ¶0237- the mobile terminal measures by determining a downlink reception time difference (.DELTA..sub.Scell-PCellR.sub.XDL) between the target and reference cell, ¶0675-The mobile terminal, after performing the measurements (step 1a), transmits the results to the eNodeB. As explained before, the measurements may refer to the downlink reception time difference .DELTA..sub.SCell-PCellRx.sub.DL and/or to the reception transmission time difference .DELTA..sub.SCell-PCellRx.sub.DL-Tx.sub.UL between the PCell and SCell. (step 1c).
As to claim 2 Loehr discloses the wireless communication method of claim 1, wherein each of the first time unit and the second time unit comprises a sub-frame (Loehr ¶0409.. by measuring the time difference between reception of the beginning of a first downlink sub-frame on the target cell (T.sub.DL.sub.--.sub.RX.sub.--.sub.SCell) and the reception of the beginning of a corresponding downlink sub-frame on the reference cell (T.sub.DL.sub.--.sub.RX.sub.--.sub.PCell),.
As to claim 3 Loehr discloses the wireless communication method of claim 1, wherein the message is comprised in a Medium Access Control (MAC) Control Element (CE) (Loehr 0677- FIGS. 29 and 30 illustrate the format of a MAC control element which can be used to transmit the measurement results from the mobile terminal to the eNodeB. As apparent, the structure of the MAC CEs is similar to the extended power headroom MAC CE.).
As to claim 4 Loehr discloses the wireless communication method of claim 1, wherein the current timing difference is a difference between a first transmission timing corresponding to the first time unit and a second transmission timing corresponding to the second time unit (Loehr ¶0237- the mobile terminal measures by determining a downlink reception time difference (.DELTA..sub.Scell-PCellR.sub.XDL) between the target and reference cell, by measuring the time between the beginning of a first downlink sub-frame on the target cell (T.sub.DL.sub.--.sub.RX.sub.--.sub.SCell) and the beginning of the corresponding downlink sub-frame on the reference cell (T.sub.DL.sub.--.sub.RX.sub.--.sub.PCell),.
As to claim 5 Loehr discloses the wireless communication method of claim 1, wherein the second time unit, along a time domain, is closest to the first time unit than any other time unit used in the second cell (Loehr ¶0610- In step 1 of FIG. 25, the UE3 measures the downlink reception time difference .DELTA..sub.SCell-PCellRx.sub.DL and in particular the time difference between the time when the UE3 receives the start of one sub-frame from the PCell and the time when the UE3 receives the corresponding start of one sub-frame from the SCell that is closest in time to the sub-frame received from the PCell.).
As to claim 7 Loehr discloses the wireless communication method of claim 1, further comprising: periodically sending, by the wireless communication device to the wireless communication node, the message (Loehr ¶0247- the step of measuring the time difference information by the mobile terminal and of transmitting the measurement results to the aggregation access point is: ¶0248 performed periodically).
As to claim 8 Loehr discloses the wireless communication method of claim 1, further comprising: determining, by the wireless communication device, that a difference between the current timing difference and a previous timing difference is equal to or greater than a threshold so as to send the message (Loehr ¶0247 and ¶0251- the step of measuring the time difference information by the mobile terminal and of transmitting the measurement results to the aggregation access point is: ii. the measurement results exceed a predetermined threshold).
As to claim 17 Loehr discloses a wireless communication method, comprising: receiving, by a wireless communication node from a wireless communication device, a message indicating a current timing difference (Loehr ¶0237- the mobile terminal measures by determining a downlink reception time difference (.DELTA..sub.Scell-PCellR.sub.XDL) between the target and reference cell, ¶0675-The mobile terminal, after performing the measurements (step 1a), transmits the results to the eNodeB); wherein the current timing difference is measured by the wireless communication device between a first time unit used in a first cell and a second time unit used in a second cell(Loehr ¶0409- the step of measuring by the mobile terminal comprises: determining by the mobile terminal a downlink reception time differences (.DELTA..sub.Scell-PCellR.sub.XDL) between the target and reference cell, by measuring the time difference between reception of the beginning of a first downlink sub-frame on the target cell (T.sub.DL.sub.--.sub.RX.sub.--.sub.SCell) and the reception of the beginning of a corresponding downlink sub-frame on the reference cell (T.sub.DL.sub.--.sub.RX.sub.--.sub.PCell), wherein corresponding downlink sub-frames on the reference and target cell refer to the same sub-frame number.).
As to claim 18 Loehr discloses a wireless communications apparatus comprising a processor and a memory, wherein the processor is configured to read code from the memory (Loehr ¶0435- 3rd – 4th sentences- A memory of the mobile terminal stores a predefined maximum propagation delay time difference for the mobile terminal. A processor of the mobile terminal measures transmission and/or reception time difference information relating to transmissions on the target cell and/or the reference cell and implement steps of: measuring a current timing difference between a first time unit used in a first cell and a second time unit used in a second cell (Loehr ¶0409); and sending, to a wireless communication node, a message indicating the current timing difference (Loehr ¶0237, ¶0675).
As to claim 20 Loehr discloses a wireless communications apparatus comprising a processor and a memory, wherein the processor is configured to read code from the memory and implement the method of claim 17 (Loehr ¶0435- 3rd – 4th sentences- A memory of the mobile terminal stores a predefined maximum propagation delay time difference for the mobile terminal. A processor of the mobile terminal measures transmission and/or reception time difference information relating to transmissions on the target cell and/or the reference cell and compares the measurement result with the predefined maximum propagation delay time difference for the mobile terminal).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 10 and 16 and are rejected under 35 U.S.C. 103 as being unpatentable over Loehr in view of Babaei (US 20230232420).
As to claim 10 Loehr discloses the wireless communication method of claim 1, however silent further comprising: determining, by the wireless communication device to switch uplink transmission from the first cell to the second cell; and identifying, by the wireless communication device, that the switching period is located in the first cell. However, in an analogous art Babaei remedies these deficiencies: Babaei ¶0243- 1st sentence-a first configuration parameter, of the first cell/carrier, associated with uplink transmission switching; and a second configuration parameter, of the second cell/carrier, associated with uplink transmission switching; Fig. 30, ¶0333-At 3020, the wireless device may receive a downlink control information (DCI) comprising scheduling information for a second uplink transmission via the second carrier. A second timing of the second uplink transmission may be after a first timing of a first uplink transmission via the first carrier. The second uplink transmission may result in an uplink transmission (TX) switching between the first carrier and the second carrier. At 3030, the wireless device may determine, based on the DCI, whether a location of a switching period, associated with the uplink TX switching, is on the first carrier or on the second carrier. An uplink transmission may be omitted during the switching period). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the teachings of Loehr with that of Babaei for the purpose of measuring timing gaps between timing units of various cells.
As to claim 16 the combined teachings of Loehr and Babaei disclose the wireless communication method of claim 10 wherein the message further comprises the information of the switching period that comprising the first time unit or a last time unit (Babaei ¶0249- the switching gap/period may be in/within a slot/subslot of the first cell/carrier in response to the location (e.g., the determined location) of the switching gap/period being the first cell/carrier.). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to combine the teachings of Loehr with that of Babaei for the purpose of measuring timing gaps between timing units of various cells.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Loehr in view of Rahman et al (US 20200413305)
As to claim 11 Loehr discloses the wireless communication method of claim 1, however silent further comprising: determining, by the wireless communication device, to switch uplink transmission from a first cell group comprising the first cell to a second cell group comprising the second cell; and identifying, by the wireless communication device, that the switching period is located in the first cell group. However in an analogous art Rahman remedies these deficiencies: Rahman ¶0102- 3rd sentence- network node 16 … is configured to receive (Block S142) a transmission from a wireless device (22) after a time period following a switching of a transmission from a second cell being part of a second cell group, the first cell group being different from the second cell group. Rahman ¶0104- the timing value is based at least in part on a timing advance of the second cell group and a timing advance of the group). Therefore, it would have been obvious to one of ordinary skills in the art to modify the teachings of Loehr with that of Rahman for the purpose of switching of transmission between cell groups (Rahman- Abstract).
Claim(s) 22 is rejected under 35 U.S.C. 103 as being unpatentable over Loehr in view of Rahman and further in view of Babaei.
As to claim 22 the combined teachings of Loehr and Rahman discloses the wireless communication method of claim 11, however silent wherein the message further comprises the information of the switching period that comprises the first time unit or a last time unit. However in an analogous art Babaei remedies this deficiency: (Babaei ¶0249- the switching gap/period may be in/within a slot/subslot of the first cell/carrier in response to the location (e.g., the determined location) of the switching gap/period being the first cell/carrier.). Therefore, it would have been obvious to one of ordinary skills in the art before the effective filing date of the invention to modify the combined teachings of Loehr and Rahman with that of Babaei for the purpose of measuring timing gaps between timing units of various cells.
Allowable Subject Matter
Claims 9, 12-15, and 21 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Awad et al – Communication Devices, Infrastructure Equipment and Methods- US 20230232355, ¶0109, ¶0117.
Uchino et al- Radio Communication Device and Radio Communication Method- US 20190045472, ¶0006- ¶0007, ¶0012.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DERRICK V ROSE whose telephone number is (571)270-7460. The examiner can normally be reached 9am- 6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, YEMANE MESFIN can be reached at 571-272-3927. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DERRICK V ROSE/Primary Examiner, Art Unit 2462
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