DETAILED ACTION
In response to communication(s) filed 07/29/2026.
Claims 13-15 are pending for examination.
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 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.
Claims 13-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lei et al. (US 2025/0007665 A1) hereinafter “Lei.”
Regarding Claim 13, Lei teaches A terminal apparatus (Lei: paragraph 0135 & Fig. 10, user equipment (UE); see also paragraph 0068 & Fig. 3) comprising:
reception circuitry (Lei: paragraph 0068 & Fig. 3, receiver) configured to perform Radio Link Monitoring (RLM) of a cell (Lei: paragraph 0138 & Fig. 10, network entity configuring serving cell measurements) based on monitoring of a non-cell defining SS/PBCH block (Lei: paragraphs 0139-0141 & Fig. 10, monitoring procedure to monitor a measurement object based on received CD-SSB and/or an NCD-SSB; see also paragraph 0109 & Fig. 7, RLM for CD-SSB or NCD-SSB), and
transmission circuitry (Lei: paragraph 0068 & Fig. 3, transmitter) configured to determine whether to drop transmission of an uplink channel (Lei: paragraph 0145 & Fig. 10, determine whether to skip uplink transmission) based on collision of the uplink channel with the non-cell defining SS/PBCH block (Lei: paragraphs 0144-0145 & Fig. 10, determine whether collision occasion may occur and skip uplink transmission based on uplink scheduling information and received SSB (i.e. NCD-SSB)), wherein
the transmission circuitry (Lei: paragraph 0068 & Fig. 3, said transmitter) is further configured to determine whether to drop the transmission of the uplink channel (Lei: paragraph 0145 & Fig. 10, determine whether to skip uplink transmission) based on collision of the uplink channel with a cell defining SS/PBCH block (Lei: paragraph 0145 & Fig. 10, determine whether collision occasion may occur and skip uplink transmission based on uplink scheduling information and received SSB (i.e. NCD-SSB)), the cell defining SS/PBCH not being used for the RLM (Lei: paragraph 0145, determine, based on the occurrence of the collision occasion, to perform the abstaining procedure to skip performing the measurement on the received SSB and to transmit the uplink transmission).
Regarding Claim 14, Lei teaches A base station apparatus (Lei: paragraph 0138 & Fig. 10, network entity; see also paragraph 0068 & Fig. 3) comprising:
transmission circuitry (Lei: paragraph 0068 & Fig. 3, transmitter) configured to transmit a non-cell defining SS/PBCH block used for Radio Link Monitoring (RLM) (Lei: paragraphs 0139-0141 & Fig. 10, monitoring procedure to monitor a measurement object based on received CD-SSB and/or an NCD-SSB; see also paragraph 0109 & Fig. 7, RLM for CD-SSB or NCD-SSB) of a cell (Lei: paragraph 0138 & Fig. 10, network entity configuring serving cell measurements), and
reception circuitry (Lei: paragraph 0068 & Fig. 3, receiver) configured to determine whether to drop reception of an uplink channel (Lei: paragraph 0145 & Fig. 10, determine whether to skip uplink transmission) based on collision of the uplink channel with the non-cell defining SS/PBCH block (Lei: paragraphs 0144-0145 & Fig. 10, determine whether collision occasion may occur and skip uplink transmission based on uplink scheduling information and received SSB (i.e. NCD-SSB)), wherein
the reception circuitry is further configured to determine whether to drop the reception of the uplink channel (Lei: paragraph 0145 & Fig. 10, determine whether to skip uplink transmission) based on collision of the uplink channel with a cell defining SS/PBCH block (Lei: paragraph 0145 & Fig. 10, determine whether collision occasion may occur and skip uplink transmission based on uplink scheduling information and received SSB (i.e. NCD-SSB)), the cell defining SS/PBCH not being used for the RLM (Lei: paragraph 0145, determine, based on the occurrence of the collision occasion, to perform the abstaining procedure to skip performing the measurement on the received SSB and to transmit the uplink transmission).
Regarding Claim 15, Lei teaches A communication method used for a terminal apparatus (Lei: paragraph 0135 & Fig. 10, user equipment (UE); see also paragraph 0068 & Fig. 3), the communication method comprising:
performing Radio Link Monitoring (RLM) of a cell (Lei: paragraph 0138 & Fig. 10, network entity configuring serving cell measurements) based on monitoring of a non-cell defining SS/PBCH block (Lei: paragraphs 0139-0141 & Fig. 10, monitoring procedure to monitor a measurement object based on received CD-SSB and/or an NCD-SSB; see also paragraph 0109 & Fig. 7, RLM for CD-SSB or NCD-SSB),
determining whether to drop transmission of an uplink channel (Lei: paragraph 0145 & Fig. 10, determine whether to skip uplink transmission) based on collision of the uplink channel with the non-cell defining SS/PBCH block (Lei: paragraphs 0144-0145 & Fig. 10, determine whether collision occasion may occur and skip uplink transmission based on uplink scheduling information and received SSB (i.e. NCD-SSB)), and
determining whether to drop the transmission of the uplink channel (Lei: paragraph 0145 & Fig. 10, determine whether to skip uplink transmission) based on collision of the uplink channel with a cell defining SS/PBCH block (Lei: paragraph 0145 & Fig. 10, determine whether collision occasion may occur and skip uplink transmission based on uplink scheduling information and received SSB (i.e. NCD-SSB)), the cell defining SS/PBCH not being used for the RLM (Lei: paragraph 0145, determine, based on the occurrence of the collision occasion, to perform the abstaining procedure to skip performing the measurement on the received SSB and to transmit the uplink transmission).
Response to Arguments
Applicants' arguments:
a) Lei alone or in combination fails to teach or suggest the cell defining SS/PBCH not being used for the RLM since Lei teaches the UE may use the SSB for RLM and fails to disclose a SSB is not used for RLM (remarks, pages 6-7).
Examiner’s response:
Applicant's arguments filed 07/29/2026 have been fully considered but they are not persuasive.
Regarding argument a), Examiner first notes the argued limitation “the cell defining SS/PBCH not being used for the RLM” is a negative limitation. The limitation as written does not teach what the claim comprises but recites what the claim does not constitute. Therefore, any prior art available before the effective filing date of the application that does not explicitly require using RLM of an SS/PBCH block to drop the transmission of the uplink channel based on collision of the uplink channel can read upon the claims as written. That being stated, although Lei teaches, in a first example, the UE may determine to perform the measurement procedure to measure the received SSB and may perform a skipping procedure to skip transmitting the uplink transmission thus using RLM as argued, Lei additionally teaches in a further example, the UE may determine, based on the occurrence of the collision occasion, to perform the abstaining procedure to skip performing the measurement on the received SSB and to transmit the uplink transmission (Lei: paragraph 0145; see also paragraphs 0131). Since Lei teaches skipping the measurement procedure on the received SSB based on the occurrence of the collision occasion, Lei teaches the SSB is not required or is necessarily used for the measurement procedure or measurement radio link monitoring in at least one embodiment. Therefore, the prior art of Lei reads on the negative limitation according to the broadest reasonable interpretation of the claims as written.
The rejection of claim 13-15 under 35 U.S.C. § 102(a)(2) as being anticipated by Lei is determined to be proper and is, therefore, maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cozzo et al. (US 2023/0147154 A1) teaches uplink transmissions based on synchronization signals and PBCH block receptions (paragraph 0030).
Wen et al. (US 2023/0171658 A1) teaches a user equipment performing RLM measurement based on the NCD-SSB (paragraphs 0077-0078).
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.
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/NAJEEB ANSARI/Examiner, Art Unit 2463
/ASAD M NAWAZ/Supervisory Patent Examiner, Art Unit 2463
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