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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on is being considered by the examiner.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “means for starting the time alignment timer” and “means for flushing…” in claim 25.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
In published Specification of the instant application, Fig. 8 and para. [0105-0108] teaches – “FIG. 8 may be implemented within one or more components described in connection with FIG. 2 . Additionally, or alternatively, one or more components of the set of components may be implemented at least in part as software stored in a memory. For example, a component (or a portion of a component) may be implemented as instructions or code stored in a non-transitory computer-readable medium and executable by a controller or a processor to perform the functions or operations of the component.” Therefore, the instant Specification disclosure sufficient structure for the respective “means” in claim 25 for performing the claimed function.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 10, 19 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yi US 20230224834 A1, hereinafter Yi in view of Iyer et al. US 20220217760 A1, hereinafter Iyer.
Regarding claim 1, Yi teaches an apparatus for wireless communication at a user equipment (UE), comprising: a memory; and one or more processors, coupled to the memory, configured to:
(Yi: Summary, Fig. 3, Fig. 16 para. [0099 & 0095-0096] UE/wireless devices 100 and 200 may include a communication unit 110, a control unit 120, a memory unit 130, and additional components 140. The communication unit may include a communication circuit 112 and transceiver(s) 114. control unit 120 may control an electric/mechanical operation of the wireless device based on programs/code/commands/information stored in the memory unit 130)
receive, from a network entity, a configuration that indicates a time alignment timer associated with a timing advance group (TAG) for a bandwidth part (BWP) or a component carrier (CC) configured for downlink control information (DCI) communications;
(Yi: Fig. 16 and para. [0259] UE receives TAG configuration. para. [0235 & 0206 & 0185 & 0129 & 0116] Time Alignment Timer (TAT) is used to control how long the UE considers the Serving Cells belonging to the associated Timing Advance Group (TAG) to be uplink time aligned with the network. The TAT is maintained per TAG)
start the time alignment timer for a TRP; and
(Yi: para. [0206 & 0236-0238] When a Timing Advance Command MAC CE is received, and if an NTA has been maintained with the indicated TAG, the MAC entity shall apply the Timing Advance Command for the indicated TAG, and start or restart the timeAlignmentTimer associated with the indicated TAG)
flush one or more hybrid automatic repeat request (HARQ) from a HARQ buffer based at least in part on an expiration of the time alignment timer.
(Yi: para. [0236] if the TAT expires, the UE flushes all HARQ buffers for all serving cells belonging to the TAG, and also releases PUCCH/SRS resources, clears any configured downlink assignments and configured uplink grants, etc. para. [0211-0212] When a timeAlignmentTimer expires, if the timeAlignmentTimer is associated with the PTAG, the MAC entity shall: flush all HARQ buffers for all Serving Cells)
It is noted that Yi does not explicitly disclose: receive, from a network entity, a configuration) for a bandwidth part (BWP) or a component carrier (CC) (Beam0, 1) configured for multiple downlink control information (multi-DCI) (PDCCH 1405) based multiple transmission reception point (multi-TRP) (TRPi,j) communications;
flush one or more hybrid automatic repeat request (HARQ) identifiers (IDs) from a HARQ buffer associated with the TRP based at least in part on an expiration of the timer.
However, Iyer from the same or similar fields of endeavor teaches the use of: receive, from a network entity, a configuration) for a bandwidth part (BWP) or a component carrier (CC) (Beam0, 1) configured for multiple downlink control information (multi-DCI) (PDCCH 1405) based multiple transmission reception point (multi-TRP) (TRPi,j) communications
(Iyer: para. [0222-0223 & 0183] and Fig. 14 FIG. 4 shows PDCCH 1405, gaps 1409, other signals 1408, PDSCH0 with K1=4 and PRI=0 transmitted by TRP i 1406 during slot #0 1420, PDSCH1 with K1=2 and PRI=1 transmitted by TRP j 1407, PUCCH UCI 0 1410, and PUCCH UCI 1 1411. As the spatial direction may be different for each of UCI0 and UCI1, different PUCCH resources may be indicated for UCI0 and UCI1 as each PUCCH resource may be identified with a certain spatial direction. As shown in FIG. 14, UCI0 and UCI1 are transmitted in PUCCH 1410 and PUCCH 1411. [0218-0220] UE may receive a first PDCCH and corresponding first PDSCH from a first TRP and a second PDCCH and corresponding second PDSCH from a second TRP)
flush one or more hybrid automatic repeat request (HARQ) identifiers (IDs) from a HARQ buffer associated with the TRP based at least in part on an expiration of the timer. (Iyer: para. [0332] and Fig. 31B if the UE's ackTRP Timer 3126 expires before all ACKs are received from the TRP-groups for HARQ ID #0 (e.g., on the PDCCH receiving an ACK from TRP1 for HARQ ID #0 3124), the UE may clear its buffer for HARQ ID #0 3134 even if it receives a NACK from another TRP-group (e.g., NACK from TRP2 for HARQ ID #0 3127)) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Iyer in the apparatus of Yi. One of ordinary skill in the art would be motivated to do so for multiple traffic types with different latencies, reliability requirements, periodicities and payloads may be supported for a single UE. Multiple configured Grants (CGs) may be configured to a UE to support different traffic types and priorities (Iyer: para. [0155-0161 & 0182]).
Regarding claim 10, Yi and Iyer teach a method of wireless communication performed by a user equipment (UE) (Yi: Summary, Fig. 3, Fig. 16 para. [0099 & 0095-0096] UE/wireless devices 100 and 200 may include a communication unit 110, a control unit 120, a memory unit 130, and additional components 140. The communication unit may include a communication circuit 112 and transceiver(s) 114. control unit 120 may control an electric/mechanical operation of the wireless device based on programs/code/commands/information stored in the memory unit 130) teach all the limitations as discussed in the rejection of claim 1, and therefore method claim 10 is rejected using the same rationales.
Regarding claim 19, Yi and Iyer teach 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: (Yi: Summary, Fig. 3, Fig. 16 para. [0099 & 0095-0096] UE/wireless devices 100 and 200 may include a communication unit 110, a control unit 120, a memory unit 130, and additional components 140. The communication unit may include a communication circuit 112 and transceiver(s) 114. control unit 120 may control an electric/mechanical operation of the wireless device based on programs/code/commands/information stored in the memory unit 130) teach all the limitations as discussed in the rejection of claim 1, and therefore nt-CRM claim 19 is rejected using the same rationales.
Regarding claim 25, Yi and Iyer teach an apparatus for wireless communication, comprising: (Yi: Summary, Fig. 3, Fig. 16 para. [0099 & 0095-0096] UE/wireless devices 100 and 200 may include a communication unit 110, a control unit 120, a memory unit 130, and additional components 140. The communication unit may include a communication circuit 112 and transceiver(s) 114. control unit 120 may control an electric/mechanical operation of the wireless device based on programs/code/commands/information stored in the memory unit 130) teach all the limitations as discussed in the rejection of claim 1, and therefore apparatus claim 25 is rejected using the same rationales.
Claim(s) 2, 11, 20 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yi and Iyer as applied to claim 1 above, and further in view of Xu et al. US20240414674A1, hereinafter Xu (Xu: para. [0001] claims the benefit of U.S. Provisional Application No. 63/313,798, filed Feb. 25, 2022, hereinafter Xu’798).
Regarding claim 2, Yi and Iyer the apparatus of claim 1, Yi and Iyer do not explicitly teach: wherein: the time alignment timer is a first time alignment timer, the TAG is a first TAG, and the TRP is a first TRP, and the first TAG and the first time alignment timer are associated with the first TRP; and the configuration indicates a second time alignment timer associated with a second TAG for the BWP or the CC configured for the multi-DCI based multi-TRP communications, and the second TAG and the second time alignment timer are associated with a second TRP.
However, Xu from the same or similar fields of endeavor teaches the use of: wherein: the time alignment timer is a first time alignment timer, the TAG is a first TAG, and the TRP is a first TRP, and the first TAG and the first time alignment timer are associated with the first TRP; and the configuration indicates a second time alignment timer associated with a second TAG for the BWP or the CC configured for the multi-DCI based multi-TRP communications, and the second TAG and the second time alignment timer are associated with a second TRP. (Xu: para. [0223 & 0113-0114] A wireless device may receive, from a base station via a first TRP (e.g., TRP1) and a first PDCCH (e.g., PDCCH1), a first downlink control information comprising an uplink grant scheduling a first uplink TB transmitted via a first PUSCH (e.g., PUSCH1). The wireless device may receive, from the base station via a second TRP (e.g., TRP2) and a second PDCCH (e.g., PDCCH2), a second downlink control information comprising an uplink grant scheduling a second uplink TB transmitted via a second PUSCH (e.g., PUSCH2). In an example, the first TRP (e.g., TRP1) may belong to (or may be associated with) a first timing advance group (TAG). The second TRP (e.g., TRP2) may belong to (or may be associated with) a second TAG. The first TAG may be different from the second TAG. The wireless device may transmit the first uplink TB via PUSCH1 with a first timing advance (TA) value (e.g., TA1) of the first TAG. The wireless device may transmit the second uplink TB via PUSCH2 with a second TA value (e.g., TA2) of the second TAG. Xu’798: para. [0206]) Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the teaching of Xu in the apparatus of Yi and Iyer. One of ordinary skill in the art would be motivated to do so for wireless device may determine multiple TA values for the multiple TRPs of the cell based on multiple receptions of RARs, which improves performance of multiple TA values determination for the multiple TRPs case without significantly increasing signaling overhead of the timing advance procedures with the multiple TRPs (Xu: para. [0249]).
Regarding claim 11, Yi, Iyer and Xu teach all the limitations as discussed in the rejection of claim 2, and therefore method claim 11 is rejected using the same rationales.
Regarding claim 20, Yi, Iyer and Xu teach all the limitations as discussed in the rejection of claim 2, and therefore nt-CRM claim 20 is rejected using the same rationales.
Regarding claim 26, Yi, Iyer and Xu teach all the limitations as discussed in the rejection of claim 2, and therefore apparatus claim 26 is rejected using the same rationales.
Allowable Subject Matter
Claims 3 – 9, 12 – 18, 21 – 24 and 27 – 30 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. Please also see PTO-892.
Zhou et al. US20200259601A1 para. [0498] step 3816, the wireless device may store the data unit in a buffer and/or store the first NDI. The buffer may be associated with a HARQ process that is identified by the HARQ ID. And Zhou further teaches in para. [0355] wireless device may suspend one or more configured uplink grant Type 1 associated with the activated SCell, and/or flush HARQ buffers associated with the activated SCell.
Zhou et al. US 20200260486 A1 in para. [0571] and FIG. 24, teaches second transmission as a performed transmission may comprise flushing a HARQ buffer associated with the second transport block. The flushing the HARQ buffer associated with the second transport block may comprising considering the second transport block as a lost transport block.
Zhou et al. US 20210376985 A1 in para. [0319] and FIG. 38, teaches first DCI and/or the second DCI, the wireless device may transmit the second TB via the second uplink grant. In an example, the wireless device may not transmit the first TB via the first uplink grant, after transmitting the second TB via the second uplink grant, e.g., due to processing capability of the wireless device. In an example, the wireless device may drop a transmission of the first TB via the first uplink grant. In an example, the wireless device, in response to dropping the transmission of the first TB, may flush a HARQ buffer associated with a HARQ process identified by a HARQ process number indicated in the first DCI. The wireless device may consider the transmission of the first TB as has been performed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WUTCHUNG CHU whose telephone number is (571)272-4064. The examiner can normally be reached 10:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Moo R Jeong can be reached at (571) 272-9617. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WUTCHUNG CHU/Primary Examiner, Art Unit 2418
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